Calaoagan v. People

 

Calaoagan v. People

G.R. No. 222974

March 20, 2019

FACTS:

                RTC and CA convicted Jeffrey Calaoagan of the crime of violation of Sec. 10 (a) RA 7610 and of slight physical injuries (Art 266(1) of RTC). AAA was born on December 18, 1988, while BBB was born on September 21, 1987. They alleged that at around 12:00 midnight on October 31, 2004, they were on their way home when they encountered petitioner accompanied by two persons. Petitioner, seemingly annoyed by AAA and BBB, brought AAA near the church and hit AAA's right shoulder with a stone. BBB followed petitioner and AAA, which prompted petitioner to punch BBB on the right cheek. Dr. Castaños conducted a medical examination on AAA and BBB. The examination showed that AAA suffered from "confluent abrasion" on the left shoulder and "soft tissue contusion" in the deltoid area; while BBB bore a "soft tissue contusion" on the left periorbital area and on the right occipital parietal area of the head. According to petitioner’s defense, he and his two companions passed by a group of persons which included AAA and BBB. The group shouted "Hoy!" at them, which impelled him to shout back "Hoy!" at the group. Thereafter, AAA and BBB's group started hurling stones at him and his companions, which made them run to petitioner's house. AAA and BBB's group then pelted stones at petitioner's house, prompting petitioner to call the police. After the police had responded and left, AAA and BBB returned to petitioner's house. Petitioner claimed that he saw BBB carrying a knife and attempting to attack his sister, Jennifer Malong (Jennifer). Consequently, petitioner picked up a bamboo stick and swung it towards AAA and BBB. However, he claimed that he did not know whom he hit while swinging the bamboo stick. Thereafter, when he saw other persons entering his gates, petitioner ran inside his house. After the incident, Jennifer went to the police station to report the incident.

ISSUE:

                Whether or not CA gravely erred in convicting accused in violating RA 7610 and in committing slight physical injuries.

HELD:

                No(RA 7610). 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. (b) "Child Abuse" refers to the maltreatment, whether habitual or not, of the child which 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 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. AAA and BBB claim that it was petitioner's group that first annoyed the former's group; while petitioner claims that it was AAA and BBB's group that initiated the shouting match. Nevertheless, it is clear that the altercation between AAA, BBB, and petitioner only occurred when their groups met on the street without any prior confrontation. Verily, as the prosecution in this case failed to specify any intent to debase, degrade, or demean the intrinsic worth of AAA and BBB, petitioner cannot be held criminally liable under Sec. 10(a) of R.A. No. 7610.

                Yes(slight physical injuries). Art. 266. Slight physical injuries and maltreatment.— The crime of slight physical injuries shall be punished: 1. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended party for labor from one (1) day to nine (9) days, or shall require medical attendance during the same period. 2. By arresto menor or a fine not exceeding Forty thousand pesos (P40,000.00) 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. 3. By arresto menor in its minimum period or a fine not exceeding Five thousand pesos (P5,000.00) when the offender shall ill-treat another by deed without causing any injury. Even though there was no intent to debase, degrade or demean, the Court affirms the findings of the RTC and the CA that petitioner struck AAA with a stone on his shoulder and hit BBB, causing physical injuries. While there may be some minor inconsistencies in the exact location of the injuries based on the testimonies of AAA and BBB and the medical findings of Dr. Castaños, it was established that petitioner assaulted AAA and BBB. Petitioner even admitted that swung a bamboo stick towards AAA and BBB in the altercation. Wherefore petition is partly granted. Calaoagan is guilty of 2 counts of slight physical injuries.