Dear Atty. Kathy,

I was made aware that my brother-in-law, B, physically punishes and shouts at my niece, N, whenever N gets low grades in school. Since my sister is abroad, she asked me to talk to B instead in person. When I spoke with B, he did not deny the physical punishment but explained that it is his way of disciplining his child, which is effective, because he also grew up that way with his parents. I am very concerned about N. If this treatment of B on N will continue, I think a case should be filed against B. Would this form of discipline according to B constitute child abuse?

Jim

□□□□□

Dear Jim,

Section 10(a) of Republic Act 7610, An Act Providing for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, and for Other Purposes, provides:

ARTICLE VI

Other Acts of Abuse

SECTION 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and other Conditions Prejudicial to the Childs Development. —

(a) 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. (Emphasis supplied.)

Further, according to Section 3(b) of Republic Act 7610, “child abuse” refers to the maltreatment, whether habitual or not, of the child which includes any of the following:

(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;

(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being;

(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or

(4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his [or her] growth and development or in his [or her] permanent incapacity or death. (Emphasis supplied.)

Based on Supreme Court rulings, when the infliction of physical injuries against a minor is done at the spur of the moment or intended to discipline or correct the wrongful behavior of the child, it is imperative that the specific intent to debase, degrade, or demean the intrinsic worth and dignity of the child as a human be established. In the absence of this specific intent, the offender cannot be held liable for child abuse but only for other crimes punishable under the Revised Penal Code, provided that all the elements of the latter are present.

Thus, to determine the presence or absence of this specific intent, the courts may consider the circumstances of the case and the manner by which the offender committed the act complained of, as when the offender’s use of force against the child was calculated, violent, excessive, or done without any provocation.

Such intention can also be derived from the disciplinary measures employed by the offender as when such measures are not commensurate to or reasonable to address or correct the child’s misbehavior.

Indeed, B, as a parent, has the right to instill discipline on N, but the disciplinary measures should not be excessive, violent and completely disproportionate to correct the alleged misconduct or behavior of N. If it is shown that B went overboard in disciplining N, he may be held liable for child abuse.

(XXX versus People of the Philippines, G.R. No. 268457, 22 July 2024)

Atty. Kathy Larios