Case Summary (G.R. No. 222974)
Trial Court Findings
The RTC credited the minors’ testimony, notwithstanding minor variances with medical findings, and found petitioner guilty of two counts of child abuse under R.A. 7610 Sec. 10(a). He was sentenced to an indeterminate term of 4 years, 9 months, 11 days to 6 years, 8 months, 1 day imprisonment per count.
Court of Appeals Ruling
CA affirmed the RTC as to AAA’s abuse conviction, awarding ₱20,000 moral damages plus interest. For BBB, it reclassified the offense to slight physical injuries (RPC Art. 266[1]), sentencing arresto menor and awarding ₱20,000 moral and ₱20,000 temperate damages.
Issues on Review
- Whether CA erred in affirming child abuse conviction in Criminal Case No. 4877-R despite medico-legal findings.
- Whether CA erred in convicting petitioner of slight physical injuries in Criminal Case No. 4878-R.
Standard of Review
Under Rule 45, only questions of law are entertained, except when (inter alia) findings are based on misapprehension of facts or when relevant facts are overlooked.
Child Abuse under R.A. 7610 Sec. 10(a)
Elements:
• Physical maltreatment of a child
• Specific intent to debase, degrade, or demean the child’s intrinsic worth and dignity
Absent proof of this intent, the act is to be penalized under RPC for physical injuries, not as child abuse under R.A. 7610.
Jurisprudential Guidance on Intent
• In Bongalon v. People and Jabalde v. People, mere spur-of-the-moment slaps or strikes without degrading intent were downgraded to slight physical injuries.
• In Lucido v. People, repeated, excessive maltreatment demonstrated the requisite intent to degrade.
Application to Criminal Case No. 4877-R
Petitioner’s act occurred in the heat of argument; no evidence showed intent to debase or degrade AAA. The absence of specific intent undercuts conviction under R.A. 7610 Sec. 10(a). The physical injuries (abrasion and contusion) qualify as slight physical injuries under RPC Art. 266(1).
Application to Criminal Case No. 4878-R
BBB was under 18 at the time of incident (17 years, 1 month, 10 days). As with AAA, no intent to demean was established. BBB’s contusions requiring medical attendance of one to nine days constitute slight physical injuries under RPC Art. 266(1).
Penalties for Slight Physical Injuries (RPC Art. 266 as amended)
Offense: Infliction of injuries incapacitating victim for 1–9 days or requiring medical attendance for the same period.
Penalty: Ar
Case Syllabus (G.R. No. 222974)
Antecedents
- Two separate informations (Criminal Case Nos. 4877-R and 4878-R) were filed in the Regional Trial Court (RTC) of Rosales, Pangasinan, Branch 53, charging petitioner Jeffrey Calaoagan with violations of Section 10(a) of Republic Act No. 7610 for physical maltreatment of minors AAA (15 years old) and BBB (17 years old) on October 31, 2004 at around midnight.
- In Case No. 4877-R, petitioner was accused of hitting AAA with a stone on his left shoulder, placing him in an embarrassing and shameful situation.
- In Case No. 4878-R, petitioner was accused of punching BBB in the face and head, similarly degrading him publicly.
- Petitioner pleaded not guilty to both charges and trial ensued.
Version of the Prosecution
- AAA and BBB testified that at night on October 31, 2004, they met petitioner and two companions while walking home; petitioner allegedly hit AAA’s right shoulder with a stone and then punched BBB on the right cheek.
- Medico-legal officer Dr. Raul Castaños examined the minors and found “confluent abrasion” and soft tissue contusion on AAA’s left shoulder and deltoid area, and soft tissue contusions on BBB’s left periorbital area and right occipital-parietal area of the head.
- The prosecution relied on the straightforward testimony of the victims, despite minor variances in injury location.
Version of the Defense
- Petitioner claimed mutual provocation: his group and the minors’ group exchanged shouts of “Hoy!” and began hurling stones at each other, prompting flight to petitioner’s house.
- He alleged BBB returned carrying a knife, threatening his sister, Jennifer Malong, upon which he swung a bamboo stick at the attackers without knowing whom he struck.
- After the altercation, petitioner retreated into his house, and Jennifer later reported the incident to police.
RTC Decision (November 5, 2012)
- Convicted petitioner of two c