G.R. No.
169533 – March 20, 2013 Issue:
George Bongalon vs. People of the
Philippines
Bersamin, J.
Facts:
Petitioner was convicted for the crime of
child abuse under Section 10 (a) of Republic
Act 7610, for striking a twelve year-old child,
named Jayson, by hitting the latter at the
back, slapping his left cheek and uttering
derogatory remarks to the child’s family.
The child joined a procession of Sto. Niño
with his brother, and when they passed by the
house of the petitioner, the latter’s daughters
threw stones at Jayson and uttering the words
RTC ordered the imprisonment of the
petitioner for 6y and 1d to 8y of prision
mayor in its minimum.
CA affirmed the conviction but modified the
penalty to 4y 2m and 1d of prision
correccional, as minimum to 6y 8m and 1d of
prision mayor as maximum.
Petitioner then filed a petition for certiorari
under Rule 65.
He’s defense was, we was just merely
protecting her two minor daughters.
1
RA 7610, Section 3 (b). “Child Abuse” – refers to the
maltreatment, whether habitual or not, of the child
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
Whether Petitioner’s acts constitutes “Child
Abuse”
SC:
Court agreed the factual findings of RTC and
CA that petitioner struck Jayson at the back
with his hand and slapped Jayson’s face, but
disagreed with their holding that his acts
constituted child abuse within the purview of
Section 10 (a) of RA 7610.
The records did not establish beyond
reasonable doubt that his laying of hands on
Jayson had been intended to debase the
"intrinsic worth and dignity1" 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.
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 question now is What crime did the
petitioner commit if not Section 10 (a) of
RA7610:

The Court said that, considering that the

physical injury suffered by Jayson requires 5
to 10 days of medical attention, the petitioner
shall now be liable for Slight Physical
Injuries under Article 266 (1) of the Revised
Penal Code