SECOND DIVISION
[G.R. No. 241916. November 12, 2018.]
KARIZZA VERGARA y CORPUZ AND VERONICA VERGARA y CORPUZ, petitioners, vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated12 November 2018which reads as follows:
"G.R. No. 241916 (Karizza Vergara y Corpuz and Veronica Vergara y Corpuz v. People of the Philippines)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM with MODIFICATION the April 13, 2018 Decision 2 and the August 29, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. CR No. 37340 for failure of petitioners Karizza Vergara y Corpuz and Veronica Vergara y Corpuz (petitioners) to sufficiently show that the CA committed any reversible error in upholding their conviction for violation of Section 10 (a), 4 Article VI of Republic Act No. (RA) 7610, 5 otherwise known as the "Special Protection of Children against Abuse, Exploitation and Discrimination Act." However, the award of moral damages is reduced to P10,000.00, and petitioners are likewise ordered to pay civil indemnity in the amount of P10,000.00. 6 Finally, in accordance with Section 31 (f), 7 Article XII of RA 7610, petitioners are directed to pay a fine in the amount of P2,000.00 to be administered as a cash fund by the Department of Social Welfare and Development. CAIHTE
As defined in the law, child abuse includes physical abuse of the child, whether the same is habitual or not. 8 Thus, as correctly found by the CA, petitioners' acts of physically abusing and inflicting injuries upon the person of the private complainant, who was a minor at the time of the incident, fall squarely under the purview of Section 10 (a), Article VI of RA 7610, in relation to Section 3 (b), 9 Article I of the same law. It bears to stress that the trial court's findings of fact, especially when affirmed by the CA, are generally binding and conclusive upon this Court, and in the absence of any of the exceptions to the rule, 10 as in this case, the same must be affirmed. aScITE
SO ORDERED. (REYES, J., JR., J., designated Additional Member per Special Order No. 2587 dated August 28, 2018.)
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 12-28.
2.Id. at 33-42. Penned by Associate Justice Ronaldo Roberto B. Martin with Associate Justices Ricardo R. Rosario and Eduardo B. Peralta, Jr., concurring.
3.Id. at 44-45.
4. Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's 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.
5. Entitled "AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, PROVIDING PENALTIES FOR ITS VIOLATION, AND FOR OTHER PURPOSES," approved on June 17, 1992.
6. See Sanchez v. People, 606 Phil. 762 (2009).
7. Section 31. Common Penal Provisions. —
xxx xxx xxx
(f) A fine to be determined by the court shall be imposed and administered as a cash fund by the Department of Social Welfare and Development and disbursed for the rehabilitation of each child victim, or any immediate member of his family if the latter is the perpetrator of the offense.
8. See Sanchez v. People, 606 Phil. 762, 778 (2009).
9. Section 3. Definition of Terms. —
xxx xxx xxx
(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[.] (Emphasis supplied)
10. See Samala v. CA, 467 Phil. 563, 568 (2004).