EVANGELINE PATULOT Y GALIA v. PEOPLE, GR No.
235071, 2019-01-07
Facts:
That on or about the 14th day of November 2012 in the City of Taguig, Philippines, and within
the jurisdiction of this Honorable Court, the above-named accused, did, then and there wilfully,
unlawfully, and feloniously commit acts of child abuse upon one AAA,[5] a three (3) year old
minor, by throwing on him a boiling oil, thereby inflicting upon said victim-minor physical injuries,
which acts are inimical and prejudicial to the child's normal growth and development.
the above-named accused, did, then and there wilfully, unlawfully and feloniously commit acts of
child abuse upon one BBB, a two (2) month old baby, by throwing on her a boiling oil, thereby
inflicting upon said victim-minor physical injuries, which acts are inimical and prejudicial to the
child's normal growth and development.
At around 2:00 p.m. of November 14, 2012, CCC gathered clothes from the clothesline outside
her house. As she was about to enter the house, she was surprised to see Patulot who was
holding a casserole. Without warning, Patulot poured the contents of the casserole - hot cooking
oil - on her. CCC tried to dodge, but to no avail. AAA and BBB, who were nearby, suddenly
cried because they were likewise hit by the hot cooking oil. CCC hurriedly brought AAA and
BBB to her three neighbors who volunteered to bring the children to the Polyclinic at South
Signal, Taguig City, for treatment. She then went to the barangay hall also at South Signal,
Taguig City, to report the incident. Accompanied by barangay personnel, she went to Patulot's
house, but Patulot was not there. She instead returned to her children at the Polyclinic. While
there, she learned from a neighbor that Patulot had been arrested. Consequently, having been
assured that her children were all right and that medication had already been given, they
returned to the barangay hall, where DDD met them. At the barangay hall, CCC noticed that her
children were shivering. Thus, she asked her neighbors to bring them to Pateros-Taguig District
Hospital while she stayed behind to give her statement. Afterwards, she proceeded to the
hospital where she was likewise treated for injuries. While she and BBB were able to go home,
AAA needed to be confined but was discharged the next morning. Before going home, however,
CCC proceeded to the Taguig Police Station where she executed her Sinumpaang Salaysay.[8]
Issues:
WHETHER THE COURT OF APPEALS GRAVELY ERRED IN AFFIRMING THE
PETITIONER'S CONVICTION OF VIOLATING SEC. 10(A) R.A. 7610 DESPITE THE FACT
THAT SHE HAD NO INTENT TO DEGRADE AND DEMEAN THE INTRINSIC WORTH AND
DIGNITY OF THE PRIVATE COMPLAINANT'S CHILDREN.
Ruling:
We deny the petition.
Under Section 3(b) of R.A. No. 7610, "child abuse" refers to the maltreatment, whether habitual
or not, of the child which includes any of the following: (1) psychological and physical abuse,
neglect, cruelty, sexual abuse and emotional maltreatment; (2) any act by deeds or words which
debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; (3)
unreasonable deprivation of his basic needs for survival, such as food and shelter; or (4) failure
to immediately give medical treatment to an injured child resulting in serious impairment of his
growth and development or in his permanent incapacity or death.
It is, therefore, clear from the foregoing that when a child is subjected to physical abuse or
injury, the person responsible therefor can be held liable under R.A. No. 7610 by establishing
the essential facts above. Here, the prosecution duly proved the following allegations in the
Information charging Patulot of child abuse: (1) the minority of both AAA and BBB; (2) the acts
committed by Patulot constituting physical abuse against AAA and BBB; and (3) the fact that
said acts are punishable under R.A. No. 7610. In particular, it was clearly established that at the
time of the incident, AAA and BBB were merely three (3) years old and two (2) months old,
respectively; that Patulot consciously poured hot cooking oil from a casserole on CCC,
consequently injuring AAA and BBB; and that said act constitutes physical abuse specified in
Section 3(b)(1) of R.A. No. 7610.
Principles:
SECTION 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions
Prejudicial to the Child's Development. -
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be
responsible for other conditions prejudicial to the child's development including those covered
by Article 59 of Presidential Decree No. 603, as amended, but not covered by the Revised
Penal Code, as amended, shall suffer the penalty of prision mayor in its minimum period. (Italics
supplied.)
"child abuse" as the infliction of physical or psychological injury, cruelty to, or neglect, sexual
abuse or exploitation of a child. In turn, the same Section defines "physical injury" as those that
include but are not limited to lacerations, fractured bones, burns, internal injuries, severe injury
or serious bodily harm suffered by a child.
