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PEOPLE OF THE
PHILIPPINES and COURT OF APPEALS, appelleesCase Nature : PETITION for
review on certiorari of a decision of the Court of Appeals.
Syllabi Class : Criminal Procedure|Information
Syllabi:
1. Criminal Law; Republic Act No. 7610 (Child Abuse Law); Definition
of Child Abuse.Under Subsection (b), Section 3 of R.A. No. 7610, child abuse refers to the
maltreatment of a child, whether habitual or not, 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.
2. Criminal Procedure; Information; What controls is not the title of the
information or the designation of the offense but the actual facts recited
therein.+
3. Same; Same; Penalties; Indeterminate Sentence Law; Although
Republic Act No. 7610 is a special law, the rules in the Revised Penal
Code for graduating penalties by degrees or determining the proper
period should be applied; Where the special law adopted penalties from
the Revised Penal Code, the Indeterminate Sentence Law will apply just as it
would in felonies.The penalty for Other Acts of Child Abuse is prision mayor in its minimum
period. This penalty is derived from, and defined in, the Revised Penal Code.
Although R.A. No. 7610 is a special law, the rules in the Revised Penal Code
for graduating penalties by degrees or determining the proper period should
be applied. Thus, where the special law adopted penalties from the Revised
Penal Code, the Indeterminate Sentence Law will apply just as it would in
felonies.
4. Same; Same; Evidence; Appeals; Witnesses; Full weight and respect
are usually accorded by the appellate court to the findings of the trial court
on the credibility of witnesses since the trial judge had the opportunity to
observe the demeanor of the witnesses.+
5. Same; Same; As defined in the law, child abuse includes physical abuse
of the child, whether the same is habitual or not.Appellant contends that, after proof, the act should not be considered as
child abuse but merely as slight physical injuries defined and punishable
under Article 266 of the Revised Penal Code. Appellant conveniently forgets
that when the incident happened, VVV was a child entitled to the protection