ANTONIETA LUCIDO vs.

PEOPLE OF THE PHILIPPINES

G.R. No. 217764, August 07, 2017

LEONEN, J.:

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.

Ratio Decidendi: The crime under Republic Act No. 7610 is

malum prohibitum. Hence, the intent to debase, degrade, or
demean the minor is not the defining mark.

Gist: This is a petition assailing the CA’s Decision which affirmed

the RTC’s Decision finding appellant guilty of child abuse under
Section 10(a) [6] of Republic Act No. 7610.