If parents, teachers hurt kids, CHILD ABUSE

Law expert and celebrity author Marlo Campanilla wrote the following on his Facebook page. For more, please visit: www.facebook.com/notes/marlo-campanilla/updates-in-child-abuse/2868067849879433/.

CHILD ABUSE - Section 10 (a) of RA No. 7610 punishes four distinct acts, to wit: (a) child abuse, (b) child cruelty, (c) child exploitation and (d) being responsible for conditions prejudicial to the child's development. Accused can be convicted under Section 10 (a) if he commits any of the four acts therein. The prosecution need not prove that the acts of child abuse, child cruelty and child exploitation have resulted in the prejudice of the child because an act prejudicial to the development of the child is different from the former acts. (Patulot vs. People, G.R. No. 235071, January 7, 2019)

Physical injury – Child abuse (Section 10 of RA No. 7610) includes maltreatment, whether habitual or not, of the child. Maltreatment includes psychological and physical abuse (Section 3) or infliction of physical injury such as lacerations, fractured bones, burns, internal injuries, severe injury or serious bodily harm suffered by a child (Rules and Regulations on the Reporting and Investigation of Child Abuse Cases) such as banging the heads of the minor students by their teacher (De Ocampo v. The Hon. Secretary of Justice, G.R. No. 147932, January 25, 2006)Child abuse includes disciplinary acts by the father such as belting, pinching, and strangulating his 8-year-old child, which caused her to limb (Lucido vs. People, G.R. No. 217764, August 7, 2017) or by teacher such as slamming him on the floor which caused him to lose consciousness (Rosaldes v. People, G.R. No. 173988, October 8, 2014). Intent to discipline student is not a defense since Article 233 of the Family Code prohibits the infliction of corporal punishment by teacher. (Rosaldes v. People, supra)

He is a successful author. Judge Marlo Bermejo Campanilla rose to prominence when his book “The Revised Penal Code” was published in 2007. And in an almost unprecedented feat, he simultaneously published a 4-volume series in “Special Penal Laws” that (coincidentally) was included in the 2010 Bar Examination. www.rexpublishing.com.ph/articles/law/2017/06/5-things-didnt-know-judge-campanilla/

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