Discipline or child abuse? | G.R. No. 268457
Facts One afternoon, AAA, who was twelve (12) years old then, was asked by her father, XXX, if she had already eaten lunch. When AAA said that she did not eat yet, XXX got angry. XXX cursed at her while asking why she did not eat yet, and then he proceeded to hit AAA with a wooden rod embedded with a nail, hitting her on the back, right arm, and right thigh. This caused AAA to cry in pain as the nail hit her with every strike. Then, in another instance, XXX saw AAA holding a one-hundred (100) peso bill. XXX asked AAA where she got the money and she said that she got it from her Hello Kitty sling bag. At home, XXX counted the money inside AAA’s coin bank. XXX confronted AAA and her brother, BBB, who was ten (10) years old at that time, asking why the amount inside the coin bank was less than his estimation. XXX threw the coin bank at them and ordered them to go upstairs to look for any money that they might be hiding in their closet. While they were upstairs, XXX began scolding and hurting both AAA and BBB. XXX pulled AAA’s hair, kicked her, and hit her head. XXX struck BBB with the handle of a dustpan on his left and right sides. XXX only stopped by AAA and BBB gave him the rest of their money. AAA and BBB left the house and proceeded to the home of CCC, their mother. ISSUE: Is XXX guilty of child abuse under Section 10(a) of Republic Act No. 7610? Ruling YES, XXX is guilty of child abuse under Section 10(a) of Republic Act No. 7610. When the infliction of physical injuries against a minor is done at the spur of the moment or intended to discipline or correct the wrongful behavior of the child, it is imperative that the specific intent to debase, degrade, or demean the intrinsic worth and dignity of the child as a human be established. In the absence of this specific intent, the offender cannot be held liable for child abuse but only for other crimes punishable under the Revised Penal Code, provided that all the elements of the latter are present. pay4d In this regard, to determine the presence or absence of this specific intent, the Court may consider the circumstances of the case and the manner in which the offender committed the act complained of, such as when the offender’s use of force against the child was calculated, violent, excessive, or done without any provocation. Such intention can also be derived from the disciplinary measures employed by the offender, such as when such measures are not commensurate with or reasonable to address or correct the child’s misbehavior. In this case, the Supreme Court determined that XXX committed acts that debased, degraded, or demeaned the intrinsic worth and dignity of AAA and BBB as human beings. Hitting AAA several times with a wooden rod embedded with a nail was certainly not commensurate or reasonably necessary to discipline her just because she had not eaten her lunch. In the same vein, XXX used excessive force when he pulled AAA’s hair, kicked, hit her head, and struck BBB with a dustpan multiple times just because the money saved in their coin banks was lacking. Although XXX, as a parent, has the right to instill discipline in his minor children, still, the disciplinary measures he employed, in this case, were excessive, violent, and completely disproportionate to correct the alleged misconduct or misbehavior of his children. His abusive acts may be considered extreme measures of punishment not commensurate with the discipline of his 12-year-old and 10-year-old children. Given these circumstances, it can be reasonably inferred that his act of laying hands on his children was done with the specific intent to debase, degrade, or demean their intrinsic worth and dignity as human beings. RELATED ARTICLE: Is pointing a gun at a child an act of abuse? | Case No. 236628
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