Doctrine of In Loco Parentis

9:10 PM

Seven year old Michael Ryan, then a Grade 1 pupil at Pughanan Elementary School,
was hurriedly entering his classroom when he accidentally bumped the knee of his
teacher, petitioner Felina Rosaldes, who was then asleep on a bamboo sofa. Roused
from sleep, petitioner asked Michael Ryan to apologize to her. When Michael did not
obey but instead proceeded to his seat, petitioner went to Michael and pinched him
on his thigh. Then, she held him up by his armpits and pushed him to the floor. As
he fell, Michael Ryan’s body hit a desk. As a result, he lost consciousness. Petitioner
proceeded to pick Michael Ryan up by his ears and repeatedly slammed him down
on the floor. After the incident, petitioner proceeded to teach her class. During lunch
break, Michael Ryan went home crying and told his mother about the incident.

The petitioner was criminally charged with child abuse (Section 10 (a) of R.A. 7610)
in the Regional Trial Court in Iloilo City. The petitioner contends that she did not
deliberately inflict the physical injuries suffered by Michael Ryan to maltreat or
malign him in a manner that would debase, demean or degrade his dignity. She

this petition for review on certiorari. sexual abuse and emotional maltreatment. The RTC rendered judgment convicting the petitioner of child abuse. 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. the CA affirmed the conviction. xxxx In the crime charged against the petitioner. .characterizes her maltreatment as an act of discipline that she as a school teacher could reasonably do towards the development of the child. the maltreatment may consist of an act by deeds or by words that debases. of the child which includes any of the following: (1) Psychological and physical abuse. degrades or demeans the intrinsic worth and dignity of a child as a human being. 7610 defines child abuse thus: xxxx (b) "Child abuse" refers to the maltreatment. She insists that her act further came under the doctrine of in loco parentis. such as food and shelter. ISSUE: Is petitioner Felina Rosaldes' act justifiable under the doctrine of in loco parentis? RULING: The contention of the petitioner is utterly bereft of merit. degrades or demeans the intrinsic worth and dignity of a child as a human being. Section 3 of Republic Act No. The act need not be habitual. (3) Unreasonable deprivation of his basic needs for survival. Hence. cruelty. neglect. therefore. whether habitual or not. On appeal. (2) Any act by deeds or words which debases.

viz: Article 233. Respondent. PEOPLE OF THE PHILIPPINES. No. The person exercising substitute parental authority shall have the same authority over the person of the child as the parents. teacher or individual engaged in child care exercising special parental authority (i. 2014 FELINA ROSALDES.R. which has expressly banned the infliction of corporal punishment by a school administrator. teacher or individual engaged in child care exercising special parental authority inflict corporal punishment upon the child. Hence.e. October 8. G. her acts cannot be considered as an act in loco parentis.: .. BERSAMIN. J. She could not justifiably claim that she acted only for the sake of disciplining him. in loco parentis). In no case shall the school administrator. her infliction of the physical injuries on him was unnecessary. Her physical maltreatment of him was precisely prohibited by no less than the Family Code. violent and excessive. Petitioner. vs.Although the petitioner. as a school teacher. could duly discipline Michael Ryan as her pupil. The boy even fainted from the violence suffered at her hands. 173988.