RESEARCH PROBLEM: Can the accused be convicted for maltreating his step-children and wife?

What are the applicable laws and jurisprudence that would warrant his conviction?

GATHERING INFORMATION The case involved a policeman facing charges for five counts of child abuse for allegedly maltreating his step children. The state prosecutor obtained that sufficient evidence has been found to hold the accused for trial as presented in his resolution which states that In sum, of the number of complaints and allegations against respondent, the undersigned finds that there is probable cause against respondent for five counts of violating the child abuse law against minors six-year-old girl and nine-year-old boy,1 The complaint of the six-year-old girl presented that she was ordered to take off her clothes after failure to answer the multiplication question and then do jumping jacks repetitions and on another day she was asked to recite a story and when she failed to do so the accused, who was her stepfather, pulled her tongue using a pair of pliers. The complaint of the nine-year-old boy claimed that the accused hit him in the head with a shoe, kicked him in the stomach and punched his right eye all in one day after failure to recite a prayer and on a separate day he was asked to take-off his clothes and walk towards a fast food chain. The mother of the minors also claimed in her complaint that she confronted the accused upon knowing the maltreatments done towards her children and when she tried to break up with him the latter grabbed her arms and pushed her to the wall.

IDENTIFYING KEY TERMS: Parties or persons The persons involved are four private individuals The father who is a policeman, his wife, a 9 year old boy (stepson), and a 6 year old girl (stepdaughter). Place The case happened in their house. Objects or things The accused used his shoe upon hitting the head of the nine-year-old boy and pliers to pull the tongue of the six-year-old girl. Acts or omissions forming the basis of the action or issue On November 3, 2012 at 5pm, the father hit the 9 year old boys head with a shoe, kicked him in the stomach, and punched his right eye for failing to recite the prayer. On November 5, 2012 at 5pm, the father ordered his 6 year old girl to take her clothes off and do 500 jumping jacks for failing to answer a mathematical question. On that same day at 9:30pm, the 9 year old boy was asked to take his clothes off and walk towards a fast food chain three times for failing to answer mathematical questions. On November 6, 2012 at early morning, the father asked the 6 year old girl to recite The Three Little Pigs but failed to memorize so the accused pulled her tongue out with a pair of pliers. The girl attempted to run but the father beat her hips.

http://www.philstar.com/cebu-news/2013/08/07/1061771/stepfather-policeman-faces-child-abuseraps?nomobile=1

On that same day, the children were told that they had no right to stay in the house and were told to do push-ups, jumping jacks, and stork walks several times without eating. On November 17, 2012 after dinner, the wife broke up with the father and he grabbed her arms and pushed her to a wall. Defense There is sufficient evidence to hold the accused for trial as evidenced by the complaints claimed by the mother and the two children. Relief No relief for the accused except to pay damages or a Php400,000 bail. Relief for the wife and the children would be a restraining order against the stepfather. Key terms Child abuse, violence against women and her children, physical injuries, injuries, maltreatment, children, kids, wife, mother, father, abuse, rights of children, rights of the mother, family, child abuse in the Philippines, violence against children.

LEARN MORE ABOUT THE AREA OF LAW YOU ARE RESEARCHING THROUGH SECONDARY AUTHORITY The area of law that applies to the instant case is Criminal Law particularly about Child Abuse and Violence against Women. Criminal law is that branch or division of law which defines crimes, treats of their nature, and provides for their punishment (Reyes, 2012). Law enforcement officers tend to view child abuse and neglect not as a social problem, but rather in the context of criminal law, and in most States, all or most all forms of reportable child abuse or child neglect are crimes.2 Child Abuse has been defined as an act, or failure to act, on the part of a parent or caretaker that results in the death, serious physical or emotional harm, Sexual Abuse, or exploitation of a child, or which places the child in an imminent risk of serious harm3 A similar but more precise definition is contemplated under the federal laws in the United States stating that Child Abuse is Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation or an act or failure to act which presents an imminent risk of serious harm. A "child" under this definition generally means a person who is younger than age 18 or who is not an emancipated minor4 Prevention programs, laws, statutes and the like have been implemented several years and continue to manifest at present to protect abuse of children as contemplated under the Philippine Law as RA 7610 or otherwise known as Special Protection of Children Against Abuse, Exploitation and Discrimination Act. Likewise in one of the provisions of the law child abuse is defined as 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.5

2 3

https://www.childwelfare.gov/pubs/usermanuals/law/lawc.cfm http://legal-dictionary.thefreedictionary.com/Child+Abuse 4 https://www.childwelfare.gov/can/defining/federal.cfm 5 http://www.lawphil.net/statutes/repacts/ra1992/ra_7610_1992.html

The reason being why preventive measures have been implemented to protect the child against abuses is founded on the social norms dated from years ago when fathers resort to harsh methods in disciplining their child. There are four types of abuses which are physical, sexual, psychological and neglect. According to the 2010 Child Maltreatment Report (NCANDS), a yearly Federal report based on submission by state Child Protective Services (CPS) Agencies, as in prior years, neglect was the most common form of maltreatment. The cases were substantiated as follows: neglect 78.3%, physical abuse 17.6%, sexual abuse 9.2%, and psychological maltreatment 8.1%.),6 Aside from child abuse there is also a trend contemplated in the society on violence against women. Some historians believe that the history of violence against women is tied to the history of women being viewed as property and a gender role assigned to be subservient to men and also other women. (Gow, 1994) The UN Declaration on the Elimination of Violence against Women (1993) states that violence against women is a manifestation of historically unequal power relations between men and women, which have led to domination over and discrimination against women by men and to the prevention of the full advancement of women, and that violence against women is one of the crucial social mechanisms by which women are forced into a subordinate position compared with men.7 Countries have taken this issue seriously hence the implementation of laws penalizing individuals who shall commit violence against women and children and under our laws we have RA 9262 otherwise known as Anti-Violence Against Women and Their Children Act of 2004

LOCATING PRIMARY AUTHORITY A primary authority is a term used in legal research to refer to statements of law that are binding upon the courts, government, and individuals. Primary authority is usually in the form of a document that establishes the law, and if no document exists, is a legal opinion of a court. The search for applicable primary authority is the most important part of the process of legal research.8 Examples of which would be Statutes, the Constitution, Treaties, Basic Laws, Executive Orders and etc. You can find the following terms and topics relevant to the case under the primary authorities enumerated below: Child abuse RA 7610 Special Protection of Children Against Abuse, Exploitation and Discrimination Act. Violence Against Women RA 9262 Anti-Violence Against Women and Their Children Act of 2004

LOCATING OTHER PRIMARY AUTHORITY For child abuse: Under the Philippine Constitution - Article XV Section 3 (2) Implementing Rules and Regulations - Rules and regulations on the reporting and investigation of child abuse cases (Section 2) - Implementing Rules and Regulations on the Anti-Torture Act of 2009
6 7

https://childwelfare.gov/pubs/factsheets/canstats.pdf http://www.un.org/documents/ga/res/48/a48r104.htm 8 http://en.wikipedia.org/wiki/Primary_authority

 Circular - DSWD Memorandum Circular No. 028-04 Delineation of Agencies Roles on the Management of Court-Related Cases Treaties - UN Declaration of the rights of the child - Convention on the Rights of the Child (Article 19, 32) Presidential Decree - PD 603 (Article 3(5),(8), (9), (10)) Statutes - RA 9745 The Anti-Torture Act of 2009 ((Section 14 (5)) For violence against women: Constitution - Article II Section 14 Statutes - RA 9710 The Magna Carta of Women (Sections 4, 9, 41) Implementing Rules and Regulations - IRR of RA 9262 Administrative Order - DSWD Administrative Order No. 014-12 Guidelines on the Institutionalization of Gender Responsive Case Management (GRCM) as a Practice Model in Handling Violence Against Women (VAW) Cases Circular - PAO Memorandum Circular No. 08-07 Standard office procedures in extending legal assistance to women and their children subjected to violence under RA 9262 and other related laws Cases: LAILA G. DE OCAMPO, petitioner, vs. THE HONORABLE SECRETARY OF JUSTICE, MAGDALENA B. DACARRA, and ERLINDA P. ORAYAN, respondents. RESTY JUMAQUIO, petitioner, vs. HON. JOSELITO C. VILLAROSA, in his capacity as Presiding Judge of San Jose City Regional Trial Court, Branch 39, respondent. JESUS C. GARCIA, petitioner, vs. THE HONORABLE RAY ALAN T. DRILON, Presiding Judge, Regional Trial Court-Branch 41, Bacolod City, and ROSALIE JAYPE-GARCIA, for herself and in behalf of minor children, namely: JO-ANN, JOSEPH EDUARD, JESSE ANTHONE, all surnamed GARCIA, respondents. LEONILO SANCHEZ alias NILO, appellant, vs. PEOPLE OF THE PHILIPPINES and COURT OF APPEALS, appellees.

REVIEWING FOUND SOURCES AND UPDATING All the cited primary authorities have been updated Cases cited are recent cases: - Ocampo vs Magdalena (G.R. No. 147932. January 25, 2006) Charges upon people violating RA 7610 Mandatory primary authority - Jumaquio vs Villarosa (G.R. No. 165924. January 19, 2009) Defined child abuse Mandatory primary authority - Garcia vs Drilon (G.R. No. 179267. June 25, 2013) Assailed the constitutionality of RA 9262 Mandatory primary authority - Sanchez vs Court of Appeals (G.R. No. 179090. June 5, 2009)

 What is meant by other acts of child abuse and the penalty therein Mandatory primary authority

DECIDING WHETHER YOU ARE FINISHED WITH YOUR RESEARCH The sources have been checked, reviewed and found out to be updated and relevant in answering the research problem.

EVALUATE WHAT YOU HAVE FOUND AND DETERMINE THE ANSWER The accused can be convicted for maltreating his step-children and his wife pursuant to Republic Act 9262. Section 3 Article 1 of the said Republic Act 7610 defines child abuse as maltreatment, whether habitual or not, of the child which includes psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment. Likewise under Republic Act 9262 Section 3 Violence against women and their children" refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts: x x x "Physical violence" refers to acts that include bodily or physical harm9 Section 5 of the same Act further stated that the crime is committed through acts (a)Causing physical harm to the woman or her child;(b)Threatening to cause the woman or her child physical harm; (c)Attempting to cause the woman or her child physical harm; (d)Placing the woman or her child in fear of imminent physical harm. In the case of Jumaquio vs Villarosa wherein a man was charged for child abuse under section 10 of RA 7610 after threatening and insulting the two minors, it was held that In the second, he is charged with child abuse by inflicting physical injuries that debase, demean and degrade the dignity of the children as human beings. What controls is not the title of the information or the designation of the offense but the actual facts recited therein. Moreover, an information is not duplicitous if it charges several related acts, all of which constitute a single offense, although the acts may in themselves be distinct offenses. The specific acts are only alleged to complete the narration of facts.10 Also in the case of Sanchez vs Court of Appeals where the accused posits that he should only be charged for slight physical injuries as his acts were not grave and cruel constitute child abuse the, it was stated that there is no ambiguity in the Information as the allegations are clear and explicit to constitute the essential elements of the offense of child abuse, to wit: (a) minority of the victim; (b) acts complained of are prejudicial to the development of the child-victim; and (c) the said acts are covered by the pertinent provisions of R.A. No. 7610 and P.D. No. 603 x x x Republic Act No. 7610 is a measure geared towards the implementation of a national comprehensive program for the survival of the most vulnerable members of the population, the Filipino children, in keeping with the Constitutional mandate under Article XV, Section 3, paragraph 2, that "The State shall defend the right of the children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development." This piece of legislation supplies the inadequacies of existing laws treating crimes committed against children, namely, the Revised Penal Code and Presidential Decree No. 603 or the Child and Youth Welfare Code. As a statute that
9

10

www.cdasiaonline.com http://www.lawphil.net/judjuris/juri2009/jan2009/gr_165924_2009.html

provides for a mechanism for strong deterrence against the commission of child abuse and exploitation, the law has stiffer penalties for their commission, and a means by which child traffickers could easily be prosecuted and penalized. 11 In the case of Garcia vs Drilon where the constitutionality of RA 7262 was raised because it violates the equal protection cause and that it does violence to the policy of the state to protect the family as a basic social institution, Justice Brion in his concurring opinion said Thus, with the objective of promoting solidarity and the development of the family, R.A. No. 9262 provides the legal redress for domestic violence that particularly affects women and their children. Significantly, the law does not deny, restrict or curtail civil and human rights of other persons falling outside the classification, particularly of the men members of the family who can avail of remedies provided by other laws to ensure the protection of their own rights and interests. Consequently, the resulting classification under R.A. No. 9262 is not wholly intended and does not work an injustice by removing remedies that are available to men in violence committed against them. The law furthermore does not target men against women and children and is there simply to achieve a legitimate constitutional objective, and it does not achieve this by a particularly harmful classification that can be labeled "suspect" in the sense already established by jurisprudence. Under the circumstances, the use and application of strict scrutiny review, or even the use of an expanded equal protection perspective, strike me as both unnecessary and disproportionate.12 In the instant case the acts of the accused against the two minors and his wife such as letting one of the minor take off her clothes, pulled the tongue with the use of pliers, hitting the victim in the head using a shoe, kicking the stomach, punched the right eye and instructing to take off ones clothes and run naked in public are grave acts enough to constitute child abuse and violence against women. The sanctity of the solidarity of the family as well as the protection of the child and women in our society should be complied with in a stricter sense hence there is no more room for valid contentions and reasons that would negate the claim of the said acts of the accused. He should be convicted subject to the provided penalties of the laws mentioned and if granted he shouldnt be entitled for any bail except damages should be awarded to the victims. The minors and the wife should also be issued a temporary restraining order to protect them from further abuses and maltreatments of the accused and should likewise be referred to agencies for appropriate interventions and psychological counselling.

MAKE YOUR OWN STEPS Step One: Parties involved State the contentions of each of the parties Step Two: Dispute involved Present the facts of the case and relate them to the parties contentions and identify relevant issues, problems in the case and look for possible laws that would apply on the matter Step Three: Relief sought Provide for a relief to be sought for the accused if there is a need to and much more for the victims reliefs as well Step Four: Search for Primary and Secondary sources Search for secondary sources that would enhance further knowledge as to the issues presented in the case and look for primary sources that would apply such Take note of citations and note the source Step Five: Search for applicable cases/statutes Using different sources, search the applicable statutes and landmark cases that would apply the issues involved in the case and make sure the sources are updated
11 12

http://www.lawphil.net/judjuris/juri2009/jun2009/gr_179090_2009.html www.cdasiaonline.com

 If possible, take note of the dates of each cases and search further as to whether modifications, amendments were made in the statutes Note the sources used Step Six: Evaluation Evaluate the facts of the case, statutes and cases to be applied and make a conclusion as to the remedy that should be given and in answering the research problem