G.R. No. 204659 - Mabunot vs. People

Case Summary (G.R. No. 204659)

Facts of the Case

On September 14, 2007, inside a classroom at Paracelis National High School, while under the influence of alcohol, Mabunot allegedly boxed Shiva on the left side below her ribs, causing loss of consciousness and a fractured rib. Other classmates were also assaulted by Mabunot during the incident. Shiva was hospitalized for two days. Mabunot later dropped out of school. The defense argued that the injury was unintentional, arising from a fistfight between Mabunot and another student, Dennis Kenept, during which Shiva was accidentally shoved and fell.

Trial Court Proceedings and Findings

The Regional Trial Court (RTC) of Bontoc, Mountain Province, found Mabunot guilty beyond reasonable doubt of violating Article VI, Section 10(a) of R.A. No. 7610, convicting him as principal by direct participation. The court relied on the clear, candid, and convincing testimonies of prosecution witnesses, including Shiva and her classmates Melanie Lipawen and James Aquino, which were supported by medical evidence confirming a fractured rib. The RTC discounted the defense’s version for being inconsistent and improbable, particularly the claim that Shiva voluntarily approached the fighting students and was accidentally injured. Mabunot was sentenced to imprisonment of four years, nine months, and eleven days of prision correccional minimum to seven years, four months of prision mayor maximum, and ordered to pay P25,000.00 as temperate damages.

Court of Appeals Decision

On appeal, the Court of Appeals (CA) affirmed the conviction but modified the penalty and damages. The CA maintained the inference of deliberate child abuse as defined under Section 10(a) of R.A. No. 7610, rejecting the defense’s contention that the injury was accidental and that the penalty under Article 265 of the Revised Penal Code (RPC) for less serious physical injuries should apply. The CA applied the indeterminate sentence law corresponding to prision mayor in its minimum period as prescribed by the special law, imposing four years, nine months, eleven days of prision correccional (minimum) to six years, eight months, one day of prision mayor (maximum). The CA also awarded actual damages of P18,428.00, instead of temperate damages, reasoning that actual expenses were proven, and temperate damages are appropriate only when the victim dies and burial costs are not substantiated. The petitioner’s motion for reconsideration was subsequently denied.

Issues Presented for Supreme Court Review

The petitioner questioned (1) the intentionality of the injury inflicted on Shiva, contending it was accidental and not deliberate child abuse, and (2) the applicability of the harsher penalty under R.A. No. 7610 rather than the lesser penalty under Article 265 of the RPC for slight physical injuries.

Legal Standards on Review of Facts

The Supreme Court reiterated the principle that review via certiorari does not extend to reevaluation of factual findings or credibility assessments made by lower courts. Given that the RTC and CA found the prosecution witnesses credible and the defense witnesses incredible or doubtful, this Court deferred to those findings.

Criminal Intent and Liability

Despite the petitioner’s claim of absence of intent to injure Shiva, the Court emphasized that the physical abuse of a child, an act mala in se, requires proof of criminal intent. The petitioner’s violent actions under the influence of liquor and the injuries inflicted demonstrate such intent. Liability attaches even if the injury sustained differs from the intended victim, pursuant to Article 4(1) of the RPC on concept of felony.

Applicability of R.A. No. 7610 Versus Revised Penal Code

The Court clarified that R.A. No. 7610 is a special law designed to provide strong protection to children from abuse, neglect, and exploitation, prescribing stiffer penalties. It covers physical abuse, including fractures, irrespective of the habituality of the act. Although Article 265 of the RPC penalizes physical injuries generally, R.A. No. 7610 penalizes child abuse specifically, thus qualifying as a lex spe

Case Syllabus (G.R. No. 204659)

Facts and Antecedents

The petitioner, Jester Mabunot, was charged before the Regional Trial Court (RTC) of Bontoc, Mountain Province, Branch 36, with violation of Republic Act No. 7610, Article VI, Section 10(a) for acts of child abuse.
The information alleged that on or about September 14, 2007, inside a classroom at Paracelis National High School, petitioner, with intent to physically abuse and with cruelty, boxed Shiva Baguiwan, a 14-year-old minor, on the left side below her ribs causing her to lose consciousness.
Shiva and petitioner were classmates. On the incident day, petitioner, allegedly under the influence of alcohol, physically assaulted several classmates including Shiva, who sustained a fractured rib and was hospitalized for two days.
Petitioner pleaded not guilty and later dropped out of school.
The prosecution presented the testimonies of Shiva, her mother Mercy Baguiwan, Melanie Lipawen and James Aquino (classmates and eyewitnesses), Police Officer Naida Dumjalan, and Dr. Jessie Guimbatan who treated Shiva.
The defense presented petitioner, teacher Consolacion Saludo, Dennis Kenept (classmate), and Eva Joy Malindao (student) as witnesses. Their testimonies described a physical altercation initiated when another student threw an object at petitioner, leading to a fistfight involving petitioner and Dennis, during which Shiva was shoved and fell, though the exact cause of her injury was uncertain.

RTC Decision

On April 15, 2010, the RTC convicted petitioner beyond reasonable doubt of the offense charged.
He was sentenced to an indeterminate prison term of four (4) years, nine (9) months and eleven (11) days of prision correccional as minimum, to seven (7) years and four (4) months of prision mayor as maximum.
The RTC ordered payment of PHP 25,000.00 as temperate damages to Shiva.
The RTC relied heavily on credible witness testimonies of Shiva, Melanie, and James, corroborated by medical evidence confirming a fractured rib.
The court found the defense’s theory improbable and noted petitioner’s behavior was a rampage under the influence of liquor, terrorizing classmates.
The defense witnesses’ testimonies were disbelieved due to inconsistencies and lack of clarity.

Court of Appeals’ Ruling

The CA affirmed the conviction but modified the penalty and damages.
Imposed penalty: four (4) years, nine (9) months, eleven (11) days of prision correccional minimum, to six (6) years, eight (8) months, one (1) day of prision mayor maximum.
Awarded actual damages of PHP 18,428.00 instead of temperate damages.
The CA upheld the trial court’s evaluation of witnesses’ credi