GR 195224; (June, 2016) (Digest)
G.R. No. 195224. June 15, 2016
VIRGINIA JABALDE Y JAMANDRON, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.
FACTS
Petitioner Virginia Jabalde, a school teacher, was charged with violating Section 10(a) of R.A. No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act) for allegedly slapping and choking her eight-year-old grandson, Lin J. Bito-on, on December 13, 2000. The prosecution evidence established that during a school recess, Lin accidentally caused Jabalde’s daughter to fall and hit her head. Upon being summoned, Jabalde approached Lin, who had run to a nearby dilapidated building, slapped him on the neck, and choked him, causing linear abrasions consistent with fingernail marks. Lin fled home, crying and trembling, and was later medically examined. The defense claimed Jabalde merely held Lin by the shoulders to question him about the incident involving her daughter, denying any slapping or choking, and suggested the complaint was motivated by family animosity.
The Regional Trial Court convicted Jabalde under R.A. No. 7610, a ruling affirmed with modification by the Court of Appeals, which sustained the conviction but deleted the award of damages. Jabalde appealed to the Supreme Court, arguing that her acts did not constitute child abuse under the special law but should be penalized, if at all, under the Revised Penal Code for slight physical injuries.
ISSUE
Whether the acts committed by the petitioner constitute child abuse under Section 10(a) of R.A. No. 7610, or merely slight physical injuries under the Revised Penal Code.
RULING
The Supreme Court granted the petition, setting aside the appellate court’s decision. It ruled that Jabalde’s acts did not constitute child abuse under R.A. No. 7610. The Court clarified that for a conviction under Section 10(a), the act of cruelty must be deliberate, habitual, and intended to debase the intrinsic worth and dignity of the child as a human being. The evidence showed a single, isolated incident where Jabalde, acting out of a powerful impulse upon seeing her injured daughter, inflicted minor abrasions on Lin. The Court found no proof of habitual maltreatment, psychological damage, or deliberate intent to degrade the child’s dignity. The injuries, which required no incapacitation or extended medical attendance, were more appropriately classified as slight physical injuries under Article 266 of the Revised Penal Code. Considering the presence of the mitigating circumstance of passion or obfuscation, the penalty was reduced to its minimum period. Consequently, the Court convicted Jabalde of slight physical injuries and sentenced her to one day to ten days of arresto menor.