Bongalon vs. People

GEORGE BONGALON, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.
G.R. NO. 169533 : March 20, 2013
NOTE: Not every instance of the laying of hands on a child constitutes the crime of child abuse under
Section 10 (a) of Republic Act No. 7610. Only when the laying of hands is shown beyond reasonable doubt
to be intended by the accused to debase, degrade or demean the intrinsic worth and dignity of the child
as a human being should it be punished as child abuse. Otherwise, it is punished under the Revised Penal
Code.
FACTS:
- Jayson Dela Cruz (Jayson) and Roldan, his older brother, both minors, joined the evening
procession for the Santo Niño at Oro Site in Legazpi City.
- When the procession passed in front of the petitioner’s house, the latter’s daughter Mary Ann
Rose, also a minor, threw stones at Jayson and called him "sissy".
- The petitioner struck Jayson at the back with his hand, and slapped Jayson on the face then went
to the brothers’ house and challenged Rolando dela Cruz, their father, to a fight, but Rolando did
not come out of the house to take on the petitioner.
- Jayson underwent medical treatment at the Bicol Regional Training and Teaching Hospital that
the doctors who examined Jayson issued two medical certificates attesting that Jayson suffered
the following contusions, to wit:
(1) contusion .5 x 2.5 scapular area, left; and (2) +1x1 cm. contusion left zygomatic area and
contusion .5 x 2.33 cm. scapular area, left.
- The petitioner denied having physically abused or maltreated Jayson. He explained that he only
talked with Jayson and Roldan after Mary Ann Rose and Cherrylyn, his minor daughters, had told
him about Jayson and Roldan’s throwing stones at them and about Jayson’s burning Cherrylyn’s
hair.
- Both the RTC and CA found and declared the petitioner guilty of child abuse.
ISSUES: WON the accused is guilty of the crime charged; and that even assuming that he was guilty, his
liability should be mitigated because he had merely acted to protect her two minor daughters. (NO,YES)
RULING:
- Although the court affirmed the factual findings of fact by the RTC and the CA to the effect that
the petitioner struck Jayson at the back with his hand and slapped Jayson on the face, the court
disagreed with their holding that his acts constituted child abuse.
FIRST ISSUE:
- 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. (PLEASE READ ADDITIONAL INFO)
- It is not trite to remind that under the well-recognized 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.
- Considering that Jayson’s physical injury required five to seven days of medical attention, the
petitioner was liable for slight physical injuries under Article 266 (1) of the Revised Penal Code.
SECOND ISSUE:
- Passion or obfuscation may lawfully arise from causes existing only in the honest belief of the
accused.It is relevant to mention, too, that in passion or obfuscation, the offender suffers a
diminution of intelligence and intent. With his having acted under the belief that Jayson and
Roldan had thrown stones at his two minor daughters, and that Jayson had burned Cherrlyn’s hair,
the petitioner was entitled to the mitigating circumstance of passion.
PENALTY:
- The penalty for slight physical injuries is arresto menor, which ranges from one day to 30 days of
imprisonment. In imposing the correct penalty, however, we have to consider the mitigating
circumstance of passion or obfuscation under Article 13 (6) of the Revised Penal Code,because the
petitioner lost his reason and self-control, thereby diminishing the exercise of his will power.
- Arresto menor is prescribed in its minimum period (i.e., one day to 10 days) in the absence of any
aggravating circumstance that offset the mitigating circumstance of passion. Accordingly, with the
Indeterminate Sentence Law being inapplicable due to the penalty imposed not exceeding one
year, the petitioner shall suffer a straight penalty of 10 days of arresto menor.
WHEREFORE, we SET ASIDE the decision of the Court of Appeals; and ENTER a new judgment: (a)
finding petitioner George Bongalon GUlLTY beyond reasonable doubt of the crime of SLIGHT PHYSICAL
INJURIES under paragraph 1, Article 266, of the Revised Penal Code; (b) sentencing him to suffer the
penalty of 10 days of arresto menor; and (c) ordering him to pay Jayson Dela Cruz the amount of
P5,000.00 as moral damages, plus the costs of suit.
ADDITIONAL INFO:
- 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 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.
Child abuse, the crime charged, is defined by Section 3 (b) of Republic Act No. 7610, as follows:
Section 3. Definition of terms. –
(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.
- Article 266. Slight physical injuries and maltreatment. — The crime of slight physical injuries shall be
punished:
1. 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.

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GEORGE BONGALON, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

G.R. NO. 169533 : March 20, 2013

Section 3. Definition of terms. –

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