UP Law BGC Eve 2024 Bongalon v People
CRIM 2 RA 7610 2013 Bersamin
SUMMARY DOCTRINE
Bongalon struck (at the back of his hand) and slapped a Not every instance of the laying of hands on a child
child. He was charged with child abuse under RA 7610. constitutes the crime of child abuse under Section 10
Court held that since there was no intent “to debase, (a) of Republic Act No. 7610.[1] Only when the laying
degrade or demean the intrinsic worth and dignity of of hands is shown beyond reasonable doubt to be
the child as a human being”, he could only be convicted intended by the accused to debase, degrade or demean
of the crime of slight physical injuries under Art. 266 of the intrinsic worth and dignity of the child as a human
the RPC. being should it be punished as child abuse. Otherwise,
it is punished under the Revised Penal Code.
FACTS
May 11, 2002 - Jayson Dela Cruz (Jayson) and Roldan, his older brother, both minors, joined the evening
procession for the Santo Niño at Oro Site in Legazpi City.
The procession passed in front of the petitioner’s house, the latter’s daughter Mary Ann Rose, also a
minor, threw stones at Jayson and called him “sissy”;
Bongalon confronted Jayson and Roldan and called them names like “strangers” and “animals”;
Bongalon struck Jayson at the back with his hand, and slapped Jayson on the face
The doctors who examined Jayson issued two medical certificates attesting that Jayson suffered the
following contusions, to wit: (1) contusion .5 x 2.5 scapular area, left; and (2) +1x1 cm. contusion left
zygomatic area and contusion .5 x 2.33 cm. scapular area, left.
The Prosecutor’s Office of Legazpi City charged the petitioner in the Regional Trial Court (RTC) in Legazpi
City with child abuse, an act in violation of Section 10(a) of Republic Act No. 7610.
RATIO
WON Bongalon is criminally liable for child abuse under RA 7610? NO
Although we affirm the factual findings of fact by the RTC and the CA to the effect that the petitioner struck
Jayson at the back with his hand and slapped Jayson on the face, we disagree with their holding that his acts
constituted child abuse within the purview of the above-quoted provisions. The records did not establish beyond
reasonable doubt that his laying of hands on Jayson had been intended to debase the “intrinsic worth and dignity”
of Jayson as a human being, or that he had thereby intended to humiliate or embarrass Jayson. The records
showed the laying of hands on Jayson to have been done at the spur of the moment and in anger, indicative of his
being then overwhelmed by his fatherly concern for the personal safety of his own minor daughters who had just
suffered harm at the hands of Jayson and Roldan. With the loss of his self-control, he lacked that specific intent to
debase, degrade or demean the intrinsic worth and dignity of a child as a human being that was so essential in the
crime of child abuse.
What crime did Bongalon commit? Art. 266 – Slight Physical Injuries
Considering that Jayson’s physical injury required five to seven days of medical attention,[19] the petitioner was
liable for slight physical injuries under Article 266 (1) of the Revised Penal Code
NOTES:
In imposing the correct penalty, however, we have to consider the mitigating circumstance of passion or
obfuscation under Article 13 (6) of the Revised Penal Code,[21] because the petitioner lost his reason and self-
control, thereby diminishing the exercise of his will power.
FALLO
WHEREFORE, petitioner George Bongalon GUILTY beyond reasonable doubt of the crime of SLIGHT
PHYSICAL INJURIES under paragraph 1, Article 266, of the Revised Penal Code; (b) sentencing him to suffer the
penalty of 10 days of arresto menor; and (c) ordering him to pay Jayson Dela Cruz the amount of P5,000.00 as
moral damages, plus the costs of suit.
