G.R. No. 169533. GEORGE BONGALON VS.
PEOPLE OF THE PHILIPPINES
Case Facts: The Prosecutor’s Office of Legazpi City charged George Bongalon (petitioner) with
child abuse. It is alleged that the petitioner struck twelve year-old Jayson de la Cruz on the
back, slapped him on the cheek, and uttered derogatory remarks. Due to this attack, de la Cruz
suffered three contusions. In the petitioner’s defense, he claims that Jayson, together with his
brother Roldan, threw stones at his minor daughters, and Jayson burned the hair of one of his
daughters. As a result, Bongolan was forced to approach de la Cruz’s father and request him to
restrain his sons from harming his daughters. The RTC and CA ruled in favor of the respondent.
Bongalon is sentenced to prison and ordered to pay moral damages to de la Cruz.
Statement of the Problem: Whether or not Bongalon is guilty of child abuse.
Court Decision: No, the court ruled that Bongalon is not guilty of child abuse. Instead, he is
guilty of slight physical injuries.
Applicable Law: Section 3 (b) of Republic Act No. 7610 which defines child abuse, and Articles
13 (6) & 266 (1) of the Revised Penal Code which tackles the crime of slight physical injuries
Explanation: Section 3 (b) of Republic Act No. 7610 defines the term child abuse as “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.” The court disagrees with the finding that Bongalon’s actions constitute child
abuse. The actions of the petitioner did not intend to diminish the "intrinsic worth and
dignity" or humiliate de la Cruz. Rather, it was a spur of the moment action to protect his own
minor daughters from Jayson and his brother, Roldan. In the absence of self-control, Bongalon
did not possess the specific intent to degrade the intrinsic worth and dignity of de la Cruz as a
human being, which is crucial in the context of child abuse.
Instead of child abuse, the court finds the petitioner guilty of slight physical injuries. Article 266
(1) of the Revised Penal Code states that “By arresto menor when the offender has inflicted
physical injuries which shall incapacitate the offended party for labor from one to nine days, or
shall require medical attendance during the same period.” In the case, de la Cruz required
medical attention for five to seven days. Article 13 (6) takes into account mitigating
circumstances. Given that the petitioner believed Jayson and Roldan had thrown stones at his
two minor daughters and burned one of his daughters’ hair, he was entitled to the mitigating
circumstance of passion. With this, Bongalon’s new sentence is the penalty of 10 days of
arresto menor, and payment of moral damages to de la Cruz, plus the costs of the suit.
