GR 236628; (January, 2023) (Digest)
G.R. No. 236628, January 17, 2023
MARVIN L. SAN JUAN, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.
FACTS
Petitioner Marvin L. San Juan, a police officer, was charged with violating Section 10(a) of Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act). The Information alleged that on March 26, 2014, while drunk and without justifiable cause, he willfully threatened the life of AAA, a 15-year-old minor, by poking a gun at him, subjecting the minor to psychological cruelty and emotional maltreatment. The prosecution presented AAA and BBB (an 11-year-old witness). AAA testified that San Juan, after scolding him and his friends at a basketball court, threatened him with a stone after AAA laughed at San Juan’s remark. BBB testified that he saw San Juan pull out a gun and point it at AAA’s back. San Juan denied pointing a gun, claiming he only chased the minors with a stone after they laughed at his admonition not to play basketball during weekdays, and that he was not drunk. The Regional Trial Court (RTC) found San Juan guilty of child abuse under Section 10(a) of R.A. No. 7610. The Court of Appeals (CA) affirmed the conviction but modified the crime to “grave threats in relation to Republic Act No. 7610” and adjusted the penalty and damages. San Juan filed a Petition for Review on Certiorari.
ISSUE
Whether the Court of Appeals erred in finding Marvin L. San Juan guilty of grave threats in relation to violation of Section 10(a) of Republic Act No. 7610.
RULING
The Supreme Court modified the decision of the Court of Appeals. It upheld the factual findings of the lower courts, noting that the testimony of witness BBB that San Juan pointed a gun at AAA’s back was credible and supported by AAA’s sworn statement. The Court clarified the nomenclature of the crime. It held that the act of pointing a gun at a minor, under the circumstances, constitutes “psychological abuse” and “cruelty” under Article VI, Section 3(b)(2) of R.A. No. 7610, not “grave threats” in relation to the said law. The Court explained that R.A. No. 7610 is a special law that defines and punishes child abuse distinctly from crimes under the Revised Penal Code. The Information properly alleged facts constituting child abuse under R.A. No. 7610. Therefore, San Juan was correctly found guilty of violating Section 10(a) of R.A. No. 7610, as originally held by the RTC. The Court affirmed the penalty imposed by the RTC (an indeterminate penalty of four years and eight months as minimum to six years as maximum) and the award of civil indemnity, and further awarded moral damages, exemplary damages, and temperate damages with interest.