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October 8, 2014 | Bersamin, J. | Crimes Against Persons - Special Protection of Children Against Abuse, Exploitation and
Discrimination Act
(b) "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.
1. On February 13, 1996, 7-year-old Michael Ryan 8. His mother and his Aunt Evangeline Gonzales
Gonzales, then a Grade 1 pupil at Pughanan reported the incident to their Barangay Captain,
Elementary School located in the Municipality of Gonzalo Larroza who advised them to have Michael
Lambunao, Iloilo, was hurriedly entering his Ryan examined by a doctor.
classroom when he accidentally bumped the knee of
his teacher, petitioner Felina Rosaldes, who was 9. Michael Ryan’s aunt and Barangay Councilman
then asleep on a bamboo sofa. Ernesto Ligante brought him to the Dr. Ricardo Y.
Ladrido Hospital where he was examined by Dr.
2. Roused from sleep, Rosaldes asked Michael Ryan Teresita Castigador.
to apologize to her. When Michael did not obey but
instead proceeded to his seat, Rosaldes went to 10. They, likewise, reported the incident to the
Michael and pinched him on his thigh. Then, she Police Station.
held him up by his armpits and pushed him to the 11. Rosaldes was criminally charged with child
floor. As he fell, Michael Ryan’s body hit a desk. abuse in the RTC.
3. As a result, he lost consciousness. Rosaldes 12. On June 26, 2003, the RTC rendered judgment
proceeded to pick Michael Ryan up by his ears and convicting the petitioner of child abuse,5 disposing
repeatedly slammed him down on the floor. Michael as follows:
Ryan cried WHEREFORE, finding the accused guilty beyond
5. After the incident, Rosaldes proceeded to teach reasonable doubt of Violation of Section 10 (a),
her class. During lunch break, Michael Ryan, Article VI of R.A. 7610, the Court sentences her to
accompanied by two of his classmates, Louella an indeterminate prison term ranging from four (4)
Loredo and Jonalyn Gonzales, went home crying years, two (2) months and one (1) day of prision
correccional, as minimum, to six (6) years and one
(1) day of prision mayor, as maximum, and to pay infliction of the physical injuries on him was
the costs. No pronouncement as to civil liability, the unnecessary, violent and excessive. The boy even
same not having been proved. SO ORDERED. fainted from the violence suffered at her hands.
13. CA affirmed the conviction of the petitioner 2. She could not justifiably claim that she acted only
through its assailed decision promulgated on May for the sake of disciplining him. Her physical
11, 2005,7 with a modification of the penalty, viz: maltreatment of him was precisely prohibited by no
WHEREFORE, premises considered, judgment is less than the Family Code, which has expressly
hereby rendered by us DISMISSING the appeal banned the infliction of corporal punishmentby a
filed in this case and AFFIRMING the decision school administrator, teacher or individual engaged
rendered on June 26, 2003 by the court a quo in in child care exercising special parental authority
Criminal Case No. 46893 with the (i.e., in loco parentis), viz:
MODIFICATION that the accusedappellant is Article 233. The person exercising substitute
sentenced to suffer the indeterminate penalty of four parental authority shall have the same authority
(4) years, two (2) months and one (1) day of prision over the person of the child as the parents.
correccional, as the minimum of it, to ten (10) years
and one (1) day of prision mayor, as the maximum 2. In no case shall the school administrator, teacher
thereof. IT IS SO ORDERED. or individual engaged in childcare exercising
special parental authority inflict corporal
14. Hence, this case. punishment upon the child.