G.R. No.

235071, January 07, 2019

EVANGELINE PATULOT Y GALIA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

Concept: Wrongful Act different from what he intended

Keyword: CANOLA OIL

ISSUE: Petition for Certiorari seeking to set aside the decision of the lower courts finding her guilty beyond
reasonable doubt of 2 counts of physical injury.

Crime: Child Abuse (3 yrs old and 2 mos old)

FACTS:

On November 14, 2012, the Petitioner poured to CCC (mother) hot cooking oil from a casserole. CCC was able
to move but AAA (3yrs old child) and BBB (2 mos old child) were natamaan. AAA and BBB were rushed to
children to the Polyclinic for treatment by AAA’s neighbor’s while she filed a complaint before the Barangay.
Knowing that her children received first aid, she brought them to the Barangay while giving statement. CCC
then witnessed that her children were shivering which prompted her to send them to the hospital
accompanied by her neighbors. AAA was confined. The attending physician testified that the injuries suffered
by AAA and BBB would heal within 30 days, and that DDD (father of the children) incurred expenses of
7440.00

Defense: The Petitioner pleaded not guilty. That prior to the incident, she cursed CCC due to the bumping
incident where her merchandise fell. Such allegations are just to get revenge against her because of that
incident.

COURT RULING:

RTC:
Petitioner was found guilty of the physical injury inflicted on the children. and is sentenced to (6) years
and one (1) day of pris[i]on mayor, as minimum, to seven (7) years and four (4) monthsof pris[i]on
mayor, as maximum. Accused is further ordered to pay the offended party the amount ofThree
Thousand Seven Hundred Two Pesos (₱3,702), as actual damages, and Ten Thousand Pesos(₱l 0,000) by
way of moral damages for each child; and is to pay damages of 5,000.00 in each case.

CA:
The court affirmed the lower courts decision but sighted that RTC failed to recognize the intent of the
petitioner in committing the crime. Although the charged penalized under a special law, it should be
taken into consideration the criminal intent that the petitioner committed against AAA. Although AAA
was not harmed, the act is still criminally liable under Article 4 Paragraph 1 of RPC.

ISSUE:

I:WHETHER THE COURT OF APPEALS GRAVELY ERRED IN AFFIRMING THE PETITIONER'S

CONVICTION OF VIOLATING SEC. 10(A) R.A. 7610 DESPITE THE FACT THAT SHE HAD NO INTENT TO
DEGRADE AND DEMEAN THE INTRINSIC WORTH AND DIGNITY OF THE PRIVATE COMPLAINANT'S
CHILDREN.
II:
WHETHER THE COURT OF APPEALS GRAVELY ERRED IN FAILING TO APPLY ARTICLE 49 OF THE
REVISED PENAL CODE WITH REGARD TO THE IMPOSITION OF THE PENALTY.

RULING:

I:WHETHER THE COURT OF APPEALS GRAVELY ERRED IN AFFIRMING THE PETITIONER'S

CONVICTION OF VIOLATING SEC. 10(A) R.A. 7610 DESPITE THE FACT THAT SHE HAD NO INTENT TO
DEGRADE AND DEMEAN THE INTRINSIC WORTH AND DIGNITY OF THE PRIVATE COMPLAINANT'S
CHILDREN.

NO. Despite having no intent to injure the children, but maltreatment of a child thru physical
injury form part of the child abuse definition stated in RA 7610. Where physical injury is
described as lacerations, fractured bones, burns, internal injuries, severe injury or serious bodily
harm suffered by a child. The children suffered physical injury as confirmed by the attending
physician. Therefore, the person responsible for the physical injury is held liable of child abuse
under violation of RA 7610.

III: ISSUE: Petition for Certiorari seeking to set aside the decision of the lower courts finding her guilty
beyond reasonable doubt of 2 counts of physical injury.

WHEREFORE, premises considered, the instant petition is DENIED. The assailed Decision dated July
13, 2017 andResolution dated September 25, 2017 of the Court of Appeals in CA-G.R. CR No. 37385 are
AFFIRMED withMODIFICATION that the ₱3,702.00 actual damages and P10,000.00 moral damages
awarded in each CriminalCase No. 149971 and Criminal Case No. 149972 shall be subject to an interest
of six percent (6%) per annumreckoned from the finality of this Decision until full payment.