Вы находитесь на странице: 1из 2

Eileen Eika M.

Dela Cruz

POLITICAL LAW

G.R. No. 173988, October 08, 2014


FELINA ROSALDES, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.
FACTS
Michael Ryan Gonzales (age 7), a grade 1 student, accidentally bumped the knee of his teacher, Felina
Rosaldes causing her to wake up. Rosaldes demanded an apology from the child but the latter refused. In turn,
Rosaldes proceeded to pinch the childs thigh and pushed him to the floor. Michael lost consciousness upon
hitting a desk. Rosaldes picked up the child by his ears and repeatedly slammed his body onto the floor.
Michael went home and told his mother about the incident. They went to their Barangay Captain and were
advised to go to a doctor to examine the injuries. During the medical examination, petichiae (pasa) and
tenderness on his ears, and thighs were visible. They reported the incident to the Police Station.
ISSUE
Whether or not the petitioner committed child abuse.
RA 7610 SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION, AND DISCRIMINATION,
AND FOR OTHER PURPOSES
"Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the following

Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;

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

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

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.

Petitioner claims that she did not inflict the injuries to debase, demean or degrade his dignity. She
characterizes her maltreatment as an act of discipline that a schoolteacher could reasonably do towards the
development of the child. She insists that her act came under the doctrine of in loco parentis.
In loco parentis (in the place of a parent) an individual who assumes parental status

RULING
The inflictions of physical injuries were unnecessary, violent, and excessive. Her maltreatment of him is
prohibited in the Family Code, which banned the corporal punishment by a member of school administration.
Rosaldes was charged and found guilty of child abuse, a violation of RA 7610.
The petitioner shall suffer the indeterminate penalty of four (4) years, nine (9) months and eleven (11)
days of prision correccional, as minimum, to seven (7) years, four (4) months and one (1) day of prision
mayor, as the maximum;

Eileen Eika M. Dela Cruz

POLITICAL LAW

P20, 000.00 as moral damages, P20, 000.00 as exemplary damages, and P20, 000.00 as temperate
damages, plus interest at the rate of 6% per annum on each item of the civil liability reckoned from the
finality of this decision until full payment; and

The petitioner shall pay the costs of suit.