RTC ordered the imprisonment of the The records showed the laying of hands on
petitioner for 6y and 1d to 8y of prision Jayson to have been done at the spur of the
mayor in its minimum. moment and in anger, indicative of his being
then overwhelmed by his fatherly concern for
CA affirmed the conviction but modified the the personal safety of his own minor
penalty to 4y 2m and 1d of prision daughters who had just suffered harm at the
correccional, as minimum to 6y 8m and 1d of hands of Jayson and Roldan. With the loss of
prision mayor as maximum. his self-control, he lacked that specific intent
to debase, degrade or demean the intrinsic
Petitioner then filed a petition for certiorari worth and dignity of a child as a human being
under Rule 65. that was so essential in the crime of child
abuse.
He’s defense was, we was just merely
protecting her two minor daughters.
1
RA 7610, Section 3 (b). “Child Abuse” – refers to the being; (3) Unreasonable deprivation of his basic
maltreatment, whether habitual or not, of the child needs for survival, such as food and shelter; or (4)
includes any of the following: (1) Psychological and Failure to immediately give medical treatment to an
physical abuse, neglect, cruelty, sexual abuse and injured child resulting in serious impairment of his
emotional maltreatment; (2) Any act by deeds or growth and development or in his permanent
words which debases, degrades or demeans the incapacity or death.
intrinsic worth and dignity of a child as a human
The question now is What crime did the
petitioner commit if not Section 10 (a) of
RA7610: