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.