ROSALDES v. PEOPLE

ROSALDES v.
PEOPLE
FACTS:
 On February 13, 1996, seven yearold Michael Ryan Gonzales, then a

Grade 1 pupil at Pughanan Elementary School located in the
Municipality of Lambunao, Iloilo, was hurriedly entering his classroom
when he accidentally bumped the knee of his teacher, petitioner Felina
Rosaldes, who was then asleep on a bamboo sofa (TSN, March 14,
1997, pp. 5-6). Roused from sleep, petitioner asked Michael Ryan to
apologize to her. When Michael did not obey but instead proceeded to
his seat (TSN, March 14, 1997, p. 6), petitioner went to Michael and
pinched him on his thigh. Then, she held him up by his armpits and
pushed him to the floor. As he fell, Michael Ryan’s body hit a desk. As a
result, he lost consciousness. Petitioner proceeded topick Michael Ryan
up by his ears and repeatedly slammed him down on the floor. Michael
Ryan cried (TSN, March 14, 1997, p. 6; TSN, November 13, 1997, p. 7).
After the incident, petitioner proceeded to teach her class. During

lunch break, Michael Ryan, accompanied by two of his classmates,
Louella Loredo and Jonalyn Gonzales, went home crying and told his
mother about the incident (TSN, March 14, 1997, p. 7). His mother and
his Aunt Evangeline Gonzales reported the incident to their Barangay
Captain, Gonzalo Larroza (TSN, February 1, 1999, p. 4) who advised
them to have Michael Ryan examined by a doctor. Michael Ryan’s aunt
and Barangay Councilman Ernesto Ligante brought him to the Dr.
Ricardo Y. Ladrido Hospital where he was examined by Dr. Teresita
Castigador. They, likewise, reported the incident to the Police Station
(TSN, July 27, 1997, p. 6; TSN, February 1, 1999, p. 4).
The medical certificate issued by Dr. Teresita Castigador reads, in part:
1. Petechiae and tenderness of both external ears 1x2 cm. and

1x1 cm.;
2. Lumbar pains and tenderness at area of L3-L4;
3. Contusions at left inner thigh 1x1 and 1x1 cm.;
4. Tenderness and painful on walking especially at the area of

femoral head.
 Rosaldes was charged with child abuse, an act in violation of Section
10(a) of RA 7610.
 Eventually after trial, he was found guilty as charged.
ISSUE:
WON the acts of petitioner constitute child abuse penalized under Section 10
(a) of Republic Act No. 7610.
HELD:
YES.
Section 3 of RepublicAct No. 7610 defines child abuse thusly:
xxxx
(b) "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 growth and development or in his
permanent incapacity or death.
xxxx
In the crime charged against the petitioner, therefore, the maltreatment may
consist of an act by deeds or by words that debases, degrades or demeans
the intrinsic worth and dignity of a child as a human being. The act need not
be habitual. The CA concluded that the petitioner "went overboard in
disciplining Michael Ryan, a helpless and weak 7-year old boy, when she
pinched hard Michael Ryan on the left thigh and when she held him in the
armpits and threw him on the floor[; and as] the boy fell down, his body hit
the desk causing him to lose consciousness [but instead] of feeling a sense
of remorse, the accused-appellant further held the boy up by his ears and
pushed him down on the floor."15 On her part, the trial judge said that the
physical pain experienced by the victim had been aggravated by an
emotional trauma that caused him to stop going to school altogether out of
fear of the petitioner, compelling his parents to transfer him to another
school where he had to adjust again.16 Such established circumstances
proved beyond reasonable doubt that the petitioner was guilty of child abuse
by deeds that degraded and demeaned the intrinsic worth and dignity of
Michael Ryan as a human being.

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ROSALDES v.

 On February 13, 1996, seven yearold Michael Ryan Gonzales, then a

After the incident, petitioner proceeded to teach her class. During

The medical certificate issued by Dr. Teresita Castigador reads, in part:

1. Petechiae and tenderness of both external ears 1x2 cm. and

2. Lumbar pains and tenderness at area of L3-L4;

3. Contusions at left inner thigh 1x1 and 1x1 cm.;

4. Tenderness and painful on walking especially at the area of

Section 3 of RepublicAct No. 7610 defines child abuse thusly:

(1) Psychological and physical abuse, neglect, cruelty, sexual abuse

(2) Any act by deeds or words which debases, degrades or demeans

(3) Unreasonable deprivation of his basic needs for survival, such as

(4) Failure to immediately give medical treatment to an injured child

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