Child abuse

Dear Atty. Angela,

I am a concerned neighbor and I want to report the abuses I see of the mother who hurts and embarrasses her son, both in public and private. When they go out of the house, the mother will always shout and curse on her 12-year-old son. There are times when I see her slap his face, punch or kick him, especially when she is drunk. One time I got to talk to the boy and he told me he can no longer endure the pain his mother does on a daily basis. Can I report this to the police and what is the legal violation here?

Dina

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Dear Dina,

Yes, you can go to the police station and report the various incidents of physical abuses the mother inflicts on her son.

Based on facts, there is a violation of Republic Act (RA) 7610, also known as the Special Protection of Children Against Abuse, Exploitation, and Discrimination Act. This is a law that aims to protect children from abuse, exploitation and discrimination (i.e. physical and psychological abuse, neglect, cruelty, sexual abuse and emotional maltreatment).

In the case of XXX v. People, G.R. No. 268457 (22 July 2024), the Supreme Court affirmed the finding of the Regional Trial Court and Court of Appeals finding the father in this case guilty of RA 7610. Under Section 3(b), any act that debases, degrades, or demeans a child’s dignity is considered child abuse. In this case, the father has been inflicting excessive physical harm on his children. While in his appeal, he argued that he had no intention to harm his children’s dignity, the Court ruled that his actions went beyond reasonable discipline.

The SC emphasized that while parents have the right to discipline their children, such measures must not be violent, excessive, or disproportionate to their misbehavior. It was likewise noted that without the specific intent to harm children’s dignity, the offender cannot be held liable for child abuse but can be charged with other crimes under the Revised Penal Code.

Thus, the mother of the boy in this case could likewise be held liable for violation of RA 7610 as shown in the various violent acts committed against her son.

Atty. Angela Antonio