Bongalon vs PP Case Digest

GEORGE BONGALON VS. PEOPLE OF THE PHILIPPINES G.R. NO. 169533, MARCH 20, 2013 FACTS: FACTS: Bongalon was charged for the crime of child abuse under Sec. 10 (a) of RA 7610. Bongalon allegedl !hsicall abused and"or maltreated #ason (1$ ears old) with his !alm hitting the latter at his bac% and b sla!!ing said minor hitting his left chec% and uttering derogator remar%s to the latter&s famil. 'n his !art Bongalon denied haing !hsicall abused abused or maltreate maltreated d #ason #ason but onl confronted confronted him when the latter latter threw stones at her daughters calling them as *+imi, and for burning one of his daughter&s hair. Both the R- and A held Bongalon guilt of child abuse. ISSUE: /hether ISSUE: /hether or not the acts of Bongalon constituted child abuse within the !uriew RA 7610. RULING: '. Sec 10 (a) Art. 2 of RA 7610 under which Bongalon was charged states: Sec. Sec. 10. 10. 'the 'therr Acts cts of egl eglec ect t Ab Abus use e rue ruelt lt  or 34!l 34!loi oita tati tion on and and othe otherr onditions onditions 5reduci 5reducial al to the hild&s eelo!ment eelo!ment 8 (a) An !erson !erson who shall commit an other acts of child abuse cruelt or e4!loitation or be res!onsible for other conditions !reudicial to the child&s deelo!ment including those coered b Art. 9 of 5 60; as amended but not coered b the R5 as amended shall su 444 ot eer instance of the laing of hands on a child constitutes child abuse . Onl Onl !"#n $"# l%&n' () "%n*+ &+ +"(!n #(n* -#%+(n%l# *($ $( # &n$#n*#*  $"# %//+#* $( *#%+#, *#'-%*#, (- *##%n $"# &n$-&n+&/ !(-$" %n* *&'n&$ () $"# /"&l /"&l* * %+ % "% "%n n #&n #&n' ' +"( +"(l* l* &$ # n& n&+" +"#* #* %+ /"&l* /"&l* %+ %+# # . 'therw 'therwis ise e it is !unished under R5. 2n this case the records showed that the laing of hands on #ason hae hae been been done done at the the s!ur s!ur of the the mome moment nt and and in ange anger r indi indica cati tie e of his his bein being g oerwhelmed b his fatherl concern for the !ersonal safet of his own minor daughters who had ust su