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People v. Bongalon

George Bongalon struck a 12-year old child, Jayson Dela Cruz, after Jayson harassed Bongalon's daughter by burning her hair and throwing rocks at her. Bongalon was found guilty of child abuse. However, the Supreme Court ruled that Bongalon was not criminally liable for child abuse because his actions were done in anger to protect his daughter, rather than with the specific intent to debase or degrade the child. The Court found Bongalon guilty only of slight physical injuries instead, and sentenced him to 10 days imprisonment and a fine.

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80 views2 pages

People v. Bongalon

George Bongalon struck a 12-year old child, Jayson Dela Cruz, after Jayson harassed Bongalon's daughter by burning her hair and throwing rocks at her. Bongalon was found guilty of child abuse. However, the Supreme Court ruled that Bongalon was not criminally liable for child abuse because his actions were done in anger to protect his daughter, rather than with the specific intent to debase or degrade the child. The Court found Bongalon guilty only of slight physical injuries instead, and sentenced him to 10 days imprisonment and a fine.

Uploaded by

Fox Macalino
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Bongalon v.

People

GR. No. 169553

Bersamin, J.

Facts:

George Bongalon struck Jayson Dela Cruz, a 12-year-old child.

Jayson Dela Cruz was harassing GB's daughter by burning her hair and throwing rocks at her.

GB was found and declared guilty of child abuse under Section 10 (a) of RA 7610.

GB appealed this decision to the Supreme Court.

Issue:

Is GB criminally liable for violating Section 10 (a) of RA 7610?

Ruling:

No. GB is not criminally liable for violating Section 10 (a) of RA 7610. which relevantly states:

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 be responsible
for other conditions prejudicial to the child’s development shall suffer the penalty of prision mayor in its
minimum period.

Villanueva v. People - Doctrine of Pro Reo: Every doubt is resolved in favor of the petitioner as the
accused. Thus, the Court should consider all possible circumstances in his favor

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.

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, (arresto
mayor):
The Court finds George Bongalon GUlLTY beyond reasonable doubt of the crime of SLIGHT PHYSICAL
INJURIES under paragraph 1, Article 266, of the Revised Penal Code and to suffer a penalty of 10 days
and to pay a fine of P5,000.00 plus cost of suit

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