Dear PAO,
I am a teacher at an elementary school, and the kids have gone out of control. Last week, a fellow teacher and coworker was being bullied and slandered by a ten-year-old student, so I had to step in and defend her honor. He kept on calling her names, something he had been doing since the start of the school year to her and other teachers. I had brought this behavior to our principal, but she said that kids will be kids and that we should not stunt their creative expression by punishing them. One time, I grabbed this bully student by the shirt and yelled at him to knock it off in front the class. This made him cry and head home. Unfortunately, the following day, the said student’s parents informed everyone at school that they would file a complaint for child abuse against me. I had to protect my fellow teachers from this student. I only scared him and caused no physical harm whatsoever. Will this child abuse case against me prosper?
Xalander
Dear Xalander,
From what you narrated, a complaint for the violation of Republic Act (RA) 7610, otherwise known as the “Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act”, or simply the Anti-Child Abuse Law, may indeed be filed against you. Article VI, Section 10(a) of RA 7610 provides:
“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 prison mayor in its minimum period.”
It does not matter if your intentions were pure and altruistic. As held by the Supreme Court, speaking through Senior Associate Justice Mario Victor “Marvic” F. Leonen, in the case of Maria Consuelo Malcampo-Repollo vs. People of the Philippines (G.R. No. 246017, November 25, 2020), intent is not an indispensable element to sustain a conviction under Section 10(a) of RA 7610, at length:
“In Sanchez v. People, this Court clarified that Section 10(a) of Republic Act No. 7610 pertains to four distinct types of child abuse: (a) other acts of child abuse; (b) child cruelty; (c); child exploitation; and (d) commission of acts prejudicial to the child’s development. These four acts are separate modes of committing child abuse[.]xxx
To sustain a conviction under Section 10(a) of Republic Act No. 7610, the prosecution must establish the following essential elements: (1) the victim’s minority; (2) the acts of abuse allegedly committed by the accused against the child; and (3) that these acts are clearly punishable under Republic Act No. 7610. xxx
Child abuse, as penalized under Republic Act 7610, is malum prohibitum, where intent is not the defining mark in the offense:
Republic Act No. 7610 is a measure geared to provide a strong deterrence against child abuse and exploitation and to give a special protection to children from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development. It must be stressed that the crime under Republic Act No. 7610 is malum prohibitum. Hence, the intent to debase, degrade, or demean the minor is not the defining mark. Any act of punishment that debases, degrades, and demeans the intrinsic worth and dignity of a child constitutes the offense. (Citations omitted)”
Here, there is no doubt that you laid a hand on a minor child. While your intention was merely to punish him for allegedly bullying your coworkers repeatedly, such an action was enough to cause physical and psychological abuse against this child.
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
