FIRST DIVISION
G.R. No. 248729, September 03, 2020
JOEL C. JAVAREZ, PETITIONER, V. PEOPLE OF THE PHILIPPINES, RESPONDENT.
D E C I S I O N
LAZARO-JAVIER, J.:
Criminal Case No. 24935On arraignment, petitioner pleaded "not guilty" to both charges.9 Joint trial ensued.
That on or about the 7th day of February 2008, at around 2:00 o'clock in the afternoon, at Brgy. Iraray, Municipality of Sofronio Espanola, Province of Palawan, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, a public officer, being then a school teacher of Iraray Elementary School, in Sofronio Espanola, Palawan, did, then and there willfully, unlawfully, and criminally commit physical abuse and cruelty upon the person of AAA,5* a ten (10) year old minor, to wit: the accused Joel Javarez suddenly and without provocation shoved AAA believing that he was the one who initiated and caused the dispute, which act debased and demeaned the dignity of the child as a human being, thereby, affecting the normal, physical, psychological and social growth of the said minor, to the damage and prejudice of the said AAA.6
Criminal Case No. 24936
That on or about the 71'1 day of February 2008, or sometime prior or subsequent thereto, in Palawan, Philippines, within the jurisdiction of this Honorable Court, the above-named accused, a public officer, being then a school teacher of Iraray Elementary School, in Sofronio Espanola, Palawan, did, then and there willfully, unlawfully, and criminally commit physical abuse and cruelty upon the person of BBB,7* a 9-year old minor, to wit: the accused Joel Javarez suddenly and without provocation hit BBB [in] the face with a broomstick after BBB asked a classmate for a piece of pop rice, which act debased and demeaned [the] dignity of the child as a human being, thereby, affecting the normal, physical, psychological, and social growth of the said minor to the damage and prejudice of the said BBB.8cralawlawlibrary
WHEREFORE, premises considered, the prosecution having successfully proven the guilt of the accused, JOEL JAVAREZ is hereby found guilty beyond reasonable doubt of two (2) counts of violation of Section 10 (a) of Republic Act No. 7610, otherwise known as the "Special Protection of Children Against Child Abuse, Exploitation, and Discrimination Act; and pursuant to Section 31 (e) of said law, as it is undisputed that the accused is a public school teacher and a public officer/employee, which warrants the imposition of the maximum period of the penalty imposable, therefore, the accused is hereby sentenced as follows:The trial court gave more weight to the testimonies of the prosecution witnesses than petitioner's bare denial. It held that complainants' testimonies were direct, straightforward, and bolstered by the medical examination results showing that AAA suffered pain and tenderness in the chest/sternal area which may have been caused by a fist blow, or any force applied to the area, which includes pushing.18 On the other hand, BBB sustained left cheek abrasions which may have been caused by a sharp object like a fingernail or a broomstick as well as hematoma on his left ear, which may also have been caused by contact with a broomstick.19 Too, complainants had no ill-motive to falsely testify against petitioner.20cralawredSO ORDERED.17cralawlawlibrary
- In Criminal Case No. 24935 - to four (4) years, nine (9) months and eleven (11) days of prision correctional, as minimum, to eight (8) years of prision mayor, as maximum; and to pay "AAA" the sum of Ten Thousand (P10,000.00) as civil indemnity; [and] the sum of Ten Thousand Pesos, as damages;
- In Criminal Case No. 24936 - to four (4) years, nine (9) months and eleven (11) days of prision correctional, as minimum, to eight (8) years of prision mayor, as maximum; and to pay "BBB" the sum of Ten Thousand (PI0,000.00) [Pesos] as civil indemnity; [and] the sum of Ten Thousand [P10,000.00] Pesos, as damages.
SEC. 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's Development.Under Section 3 (b) paragraph 2 ofRA 7610, child abuse may be committed by deeds or words which debase, degrade or demean the intrinsic worth and dignity of a child as a human being.
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to 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. (Emphasis ours)
Although we affirm 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, we disagree with their holding that his acts constituted child abuse within the purview of the above-quoted provisions. 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. (Emphasis ours and italics in the original)Black's Law Dictionary defines debasement as "the act of reducing the value, quality, or purity of something."34 Degradation, on the other hand, is the "lessening of a person's or thing's character or quality."35 Lastly, to demean is "to lower in character, status or reputation."36
ART. 266. Slight physical injuries and maltreatment — The crime of slight physical injuries shall be punished:xxx xxx xxx
2. By arresto menor or a fine not exceeding 20 pesos and censure when the offender has caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical assistance.
In order to be found guilty of the felonious acts under Articles 262 to 266 of the [RPC], the employment of physical injuries must be coupled with dolus malus. As an act that is mala in se, the existence of malicious intent is fundamental, since injury arises from the mental state of the wrongdoer — iniuria ex affectu facientis consistat. If there is no criminal intent, the accused cannot be found guilty of an intentional felony. Thus, in case of physical injuries under the [RPC], there must be a specific animus iniuriandi or malicious intention to do wrong against the physical integrity or well-being of a person, so as to incapacitate and deprive the victim of certain bodily functions. Without proof beyond reasonable doubt of the required animus iniuriandi, the overt act of inflicting physical injuries per .se merely satisfies the elements of freedom and intelligence in an intentional felony. The commission of the act does not, in itself, make a man guilty unless his intentions are.Here, as against BBB's categorical and straightforward testimony that petitioner deliberately hit him with a broomstick, petitioner's denial deserves scant consideration. Besides, it has been held that testimonies of child-victims are given full faith and credit since youth and immaturity are generally badges of truth and sincerity.39 In fine, when petitioner laid his hands-on BBB, he intended to cause or inflict physical injuries on him.
SO ORDERED.
- In Criminal Case No. 24935, petitioner Joel C. Javarez is ACQUITTED of violation of Section 10 (a), Article VI, of RA 7610; and
- In Criminal Case No. 24936, petitioner Joel C. Javarez is found GUILTY of SLIGHT PHYSICAL INJURIES under paragraph 2, Article 266, of the Revised Penal Code. He is sentenced to twenty (20) days of arresto menor. He is further ORDERED to pay BBB P5,000.00 moral damages which shall earn interest at the rate of six percent (6%) per annum from date of finality of this decision until fully paid.
Endnotes:
1 Penned by Associate Justice Myra V. Garcia-Fernandez and concurred in by Associate Justices Apolinario D. Bruselas, Jr. and Ronaldo Roberto B. Martin; rollo, pp. 28-38.
2ARTICLE VI
Other Acts of Abuse
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 to 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.
3ARTICLE XII
Common Penal Provisions
Section 31. Common Penal Provisions. -xxx xxx xxx
(e) The penalty provided for in this Act shall be imposed in its maximum period if the offender is a public officer or employee: Provided, however, That if the penalty imposed is reclusion perpetua or reclusion temporal, then the penalty of perpetual or temporary absolute disqualification shall also be imposed: Provided, finally, That if the penalty imposed is prision correctional or arresto mayor, the penalty of suspension shall also be imposed;xxx xxx xxx
4 AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES.
5 The real name of the victim, her personal circumstances and other information which tend to establish or compromise her identity, as well as those of her immediate family, or household members, shall not be disclosed to protect her privacy, and fictitious initial shall, instead, be used, in accordance with People v. Cabalquinto [533 Phil. 703 (2006)] and Amended Administrative Circular No. 83-2015 dated September 5, 2017.
* Real name not found in rollo.
6Rollo, p. 29.
7 The real name of the victim, her personal circumstances and other information which tend to establish or compromise her identity, as well as those of her immediate family, or household members, shall not be disclosed to protect her privacy, and fictitious initial shall, instead, be used, in accordance with People v. Cabalquinto [533 Phil. 703 (2006)] and Amended Administrative Circular No. 83-2015 dated September 5, 2017.
* Real name not found in rollo.
8Rollo, p. 29.
9Id. at 29-30.
10Id. at 30-31.
11Id. at 31.
* Real name not found in rollo.
12Id.
13 Temporary rollo, p. 5.
14Rollo, p. 31.
15Id. at 31-32.
16Id. at 32.
17Rollo, p. 32.
18 Temporary rollo, p. 5.
19Id.
20Rollo, p. 33.
21Id. at 33-34.
22 Penned by Associate Justice Myra V. Garcia-Fernandez and concurred in by Associate Justices Apolinario D. Bruselas, Jr. and Ronaldo Roberto B. Martin; rollo, pp. 28-38.
23Rollo, pp. 28-38.
24 The Child and Youth Welfare Code.
25Rollo, pp. 33-34.
26Id. at 34-35.
27Id. at 35.
28Id. at 35-36.
29Art. 2230. In criminal offenses, exemplary damages as a part of the civil liability may be imposed when the crime was committed with one or more aggravating circumstances. Such damages are separate and distinct from fines and shall be paid to the offended party.
30Rollo, p. 40.
31Id. at 9-25.
32 Temporary rollo, pp. 1-19.
33 707 Phil. 11, 14(2013).
34 Black's Law Dictionary 430 (8th ed. 2004).
35 Black's Law Dictionary 456 (8th ed. 2004).
36 Merriam-Webster's Dictionary, <https://www.merriam-webster.com/dictionary/demean>, Date visited: August 18,2020.
37 787 Phil. 255(2016).
38 749 Phil 16,37(2014).
39People v. Ocdol, 741 Phil. 701, 710-711 (2014).
40 Temporary rollo, p. 5.
41Escolano v. People, G.R. No. 226991, December 10, 2018.
42 Sec. 2. This Act shall not apply to persons convicted of offenses punished with death penalty or life- imprisonment; to those convicted of treason, conspiracy or proposal to commit treason; to those convicted of misprision of treason, rebellion, sedition or espionage; to those convicted of piracy; to those who are habitual delinquents; to those who have escaped from confinement or evaded sentence; to those who having been granted conditional pardon by the Chief Executive shall have violated the terms thereof; to those whose maximum term of imprisonment does not exceed one year, not to those already sentenced by final judgment at the time of approval of this Act, except as provided in Section 5 hereof.
43People v. Villacorta, 672 Phil. 712, 729 (2011).chanRoblesvirtualLawlibrary