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3. Your
profession is
your CALLING!
Module 4, Lesson 4.4.5
4. You are a
PUBLIC
SERVANT!
Module 4, Lesson 4.4.5
Cases:
1. SWEETHEART THEORY
• Michael John Z. Malto vs. People of the
Philippines ( GR 164733, September 21,
2007)
Issue: Whether or not there was a rape
committed since their sexual intercourse
was CONSENSUAL by reason of their
“sweetheart relationship?”
Module 4, Lesson 4.4.5
:
• Petitioner violated Section 5(b), Article III of
RA 7610, as amended. The first element
of Section 5(b), Article III of RA 7610
pertains to the act or acts committed by
the accused. The second element refers to
the state or condition of the offended party.
The third element corresponds to the
minority or age of the offended party. Since
all three elements of the crime were
present, the conviction of petitioner was
proper.
Module 4, Lesson 4.4.5
• FREDDIE AGUILAR?
Module 4, Lesson 4.4.5
CASE 2
• CHRISTIAN CABALLO VS. PEOPLE OF THE
PHILIPPINES
• GR 198732
• JUNE 10, 2013
Module 4, Lesson 4.4.5
FACTS:
• Christian, 23 yrs old, a dancer met AAA, 17 yrs old, his
choreographer’s niece, in her uncle’s place.
• Became sweethearts
• Succeeded in convincing her to have repeated sexual
intercourse because of his promise to marry and an
assurance that they will use “withdrawal” method so she
will not get pregnant.
• AAA became pregnant and a child was born out of the
relationship.
• When confronted by the mother, Christian promised to
marry AAA. The mother filed a case for violation of RA
7610.
Module 4, Lesson 4.4.5
• YES!
• First, the most crucial element is AAA’s minority. She is 17
years old, and not capable of fully understanding or
knowing the import of her actions and in consequence,
remained vulnerable to the cajolery and deception of
adults.
• Consent is immaterial in cases involving a violation of RA
7610. For purposes of sexual intercourse and lascivious
conduct in child abuse cases, the sweetheart theory is not
acceptable. A child subjected to sexual abuse cannot
validly give consent to sexual intercourse with another
person.
Module 4, Lesson 4.4.5
Module 4, Lesson 4.4.5
CASE 2
• PEOPLE OF THE PHILIPPINES VS. DOMINADOR
LADRA
• JULY 17, 2017
• GR 221443
Module 4, Lesson 4.4.5
CASE 3
• RICHARD ESCALANTE VS. PEOPLE OF THE
PHILIPPINES
• JUNE 28, 2017
• GR 218970
Module 4, Lesson 4.4.5
CASE 4
• ROSALDES VS. PEOPLE
• OCTOBER 8, 2014
• GR 173988
Module 4, Lesson 4.4.5
It appears from the records that seven year old Michael Ryan
Gonzales, then a Grade 1 pupil, was hurriedly entering his
classroom when he accidentally bumped the knew of his
teacher, herein petitioner, who was then asleep on a bamboo
sofa. Petitioner asked Michael to apologize, the latter, however,
proceeded instead to his seat. Petitioner then pinched Michael
on his thigh, held him up by his armpits and pushed him to the
floor causing him to hit a desk and, consequently, losing his
consciousness. Petitioner proceeded to pick Michael by his
ears and repeatedly slammed him down on the floor.
Module 4, Lesson 4.4.5
• SSUE:
Is petitioner guilty of the crime of child abuse punishable
under RA 7610
HELD:
YES, petitioner Rosaldes is guilty of violation of RA 7610.
Although the petitioner, as a schoolteacher, could duly
discipline Michael Ryan as her pupil, her infliction of the
physical injuries on him was unnecessary, violent and
excessive. The boy even fainted from the violence
suffered at her hands.
Module 4, Lesson 4.4.5
CASE 5
• VAN CLIFFORD TORRES Y SALERA VS. P.P
• GR 206627
• JANUARY 18, 2017
Module 4, Lesson 4.4.5
• HELD:
• YES, the act constitute child abuse.
• To note, petitioner used a wet tshirt to whip the child not just
once but three(3) times, Common sense and human
experience would suggest that hitting a sensitive body part,
such as the neck, with a wet tshirt could cause an extreme
amount of pain,especially so if it was done several times.
Module 4, Lesson 4.4.5
CASE 5
• GEORGE BONGALON VS. PEOPLE OF THE
PHILIPPINES
• GR 169533
• MARCH 20, 2013
Module 4, Lesson 4.4.5
• Definition of Terms
Office Address:
GROUND FLOOR, GERARD BUILDING
J. P. RIZAL AVENUE( Mahogany Avenue)
BRGY.KAYBAGAL SOUTH, TAGAYTAY CITY
QUIZ:
A. What child abuses cases are you familiar with in your
community? Cite specific instance.
B. Do you think our law RA 7610 is sufficient to strictly
achieve the purpose of the law? What other provisions
need to be strengthened, added or revised?
C. As a police officer, how will you be an ambassador to
battle the CHILD ABUSE? As a civilian, what can you
do to help?
D. Cite suggested reforms needed in the PNP process to
implement effectively Child Abuse Law.