ANTONIETA LUCIDO vs. PEOPLE OF THE PHILIPPINES
G.R. No. 217764, August 07, 2017
Facts: In an Information, appellant was charged with child abuse under Section 10(a) of Republic Act No. 7610, alleging that accused, unlawfully and intentionally, beat with the use of a belt, pinched, and strangulated the child victim AAA, who was then eight (8) years old, thereby inflicting physical injuries that affected the normal development of the said child victim. A subsequent physical examination conducted by Dr. Abiera confirmed AAA's story. His findings were as follows: Multiple abrasions on different parts of the body secondary to pricking, nail marks/scratches, there is redness on the peripheral circumference of the hymen, No hymenal laceration noted and there is weakness of (L) knee joint upon walking.
Appellant denied that she pinched, beat and hit AAA and that she inserted her finger into AAA's vagina. She claimed that she usually cleaned AAA's vagina and bathed her with hot water.
Issue: Whether or not appellant is guilty of child abuse.
Ruling: Yes. As defined in the law, child abuse includes physical abuse of the child, whether it is habitual or not. Section 10 of RA 7610 provides that any person who shall commit any other acts of child abuse, cruelty or exploitation or 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.
In this case, AAA's testimony was corroborated by Dr. Abierra. First, there were "multiple abrasions on different parts of [AAA's] body." Additionally, he observed a "redness on the peripheral circumference of the hymen," which could have been caused by a hard pinching. Finally, there was an evident "weakness on the left knee joint," which could have been caused by the victim falling to the ground or being beaten by a hard object. Strangulating, severely pinching, and beating an eight (8)-year-old child to cause her to limp are intrinsically cruel and excessive. These acts of abuse impair the child's dignity and worth as a human being and infringe upon her right to grow up in a safe, wholesome, and harmonious place. It is not difficult to perceive that this experience of repeated physical abuse from petitioner would prejudice the child's social, moral, and emotional development.
