s) Araneta v.

People, GR 174205, June 27, 2008

FACTS:

AAA and her two younger sisters, BBB and EEE were sitting on a bench at the waiting shed
located near her boarding house, petitioner approached her. Petitioner, who had been incessantly
courting AAA from the time she was still 13 years old, again expressed his feelings for her and
asked her to accept his love and even insisted that she must accept him because he had a job.
She did not like what she heard from petitioner and tried to hit him with a broom but the latter
was able to dodge the strike.7 She and her two sisters dashed to the boarding house which was
five meters away and went inside the room.

When they were about to close the door, the petitioner, who was following them, forced himself
inside. The three tried to bar petitioner from entering the room by pushing the door to his
direction. Their efforts, however, proved futile as petitioner was able to enter. 8 There petitioner
embraced AAA, who struggled to extricate herself from his hold. AAA then shouted for help.

Andrew Tubilag, who was also residing in the same house, arrived and pulled petitioner away
from AAA.11 AAA closed the door of the room and there she cried. She then went to the police
station to report the incident.

Petitioner was charged before the RTC with violation of Section 10(a), Article VI of Republic
Act No. 7610.

The RTC rendered a decision totally disregarding petitioner’s bare denials and flimsy assertions.
In convicting petitioner of the crime charged, it held that petitioner’s act of forcibly embracing
the victim against her will wrought injury on the latter’s honor and constituted child abuse as
defined under Section 10(a), Article VI of Republic Act No. 7610.

Dissatisfied with the ruling of the RTC, petitioner elevated the case to the Court of Appeals. 

The Court of Appeals concurred in the opinion of the OSG. It affirmed in toto the decision of the
RTC

Hence, the instant petition.

Issue:

Whether or not the RTC gravely erred in convicting him of child abuse .

Ruling:

No.

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.20 As a statute that 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.21 Also, the definition of child abuse is expanded to encompass not only those specific
acts of child abuse under existing laws but includes also "other acts of neglect, abuse, cruelty or
exploitation and other conditions prejudicial to the child’s development."

Article VI of the statute enumerates the "other acts of abuse." Paragraph (a) of Section 10 thereof
states:

Article VI
OTHER ACTS OF ABUSE

SEC. 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 abuse, cruelty or exploitation or be
responsible for other conditions prejudicial to the child’s development including those
covered by Article 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. (Emphasis supplied.)

As gleaned from the foregoing, the provision punishes not only those enumerated under Article
5922 of Presidential Decree No. 603, but also four distinct acts, i.e., (a) child abuse, (b) child
cruelty, (c) child exploitation and (d) being responsible for conditions prejudicial to the child’s
development.

The evidence of the prosecution proved that petitioner, despite the victim’s protestation,
relentlessly followed the latter from the waiting shed to her boarding house and even to the room
where she stayed. He forcibly embraced her and threatened to kill her if she would not accept his
love for her. Indeed, such devious act must have shattered her self-esteem and womanhood and
virtually debased, degraded or demeaned her intrinsic worth and dignity.

As a young and helpless lass at that time, being away from her parents, the victim must have felt
desecrated and sexually transgressed, especially considering the fact that the incident took place
before the very eyes of her two younger, innocent sisters. Petitioner who was old enough to be
the victim’s grandfather, did not only traumatize and gravely threaten the normal development of
such innocent girl; he was also betraying the trust that young girls place in the adult members of
the community who are expected to guide and nurture the well-being of these fragile members of
the society. Undoubtedly, such insensible act of petitioner constitutes child abuse. 
t) The Philippines is a state party to all (except for one, Convention on the
Protection against Enforced Disappearance) core human rights treaties 

u) Rights of Special Groups

Prepare Matrix of their rights and corresponding legal basis

a. Children

Right/s Legal Basis

1. Right to be borne well. Paragraph 1, Article 3 of PD No. 603
or The Child and Youth Welfare Code:

XXX

(1) Every child is endowed with the

dignity and worth of a human being
from the moment of his conception, as
generally accepted in medical parlance,
and has, therefore, the right to be born
well.

XXX
2. Right to a Wholesome Family Paragraph 2, Article 3 of PD No. 603
Life or The Child and Youth Welfare Code:

XXX

(2) Every child has the right to a

wholesome family life that will provide
him with love, care and understanding,
guidance and counseling, and moral
and material security.

The dependent or abandoned child

shall be provided with the nearest
substitute for a home.

XXX
3. Right to a well–rounded Paragraph 3, Article 3 of PD No. 603
development of his personality. or The Child and Youth Welfare Code:

XXX
 (3) Every child has the right to a well-
rounded development of his personality
to the end that he may become a happy,
useful and active member of society.

The gifted child shall be given

opportunity and encouragement to
develop his special talents.

The emotionally disturbed or socially

maladjusted child shall be treated with
sympathy and understanding, and shall
be entitled to treatment and competent
care.

The physically or mentally

handicapped child shall be given the
treatment, education and care required
by his particular condition.

XXX

4. Right to a balanced diet, Paragraph 4, Article 3 of PD No. 603

adequate clothing, sufficient
shelter, proper medical
attention, and all the basic
physical requirements of a
healthy and vigorous life
or The Child and Youth Welfare Code:
XXX
(4) Every child has the right to a
balanced diet, adequate clothing,
sufficient shelter, proper medical
attention, and all the basic physical
requirements of a healthy and vigorous
life.

XXX

5. Right to be brought up in an Paragraph 5, Article 3 of PD No. 603

atmosphere of morality and or The Child and Youth Welfare Code:
rectitude 
XXX

(5) Every child has the right to be

brought up in an atmosphere of
morality and rectitude for the
enrichment and the strengthening of his
 character.

XXX

6. Right to an education Paragraph 6, Article 3 of PD No. 603

or The Child and Youth Welfare Code:

XXX

(6) Every child has the right to an

education commensurate with his
abilities and to the development of his
skills for the improvement of his
capacity for service to himself and to
his fellowmen.

XXX
7. Right to full opportunities for Paragraph 7, Article 3 of PD No. 603
safe and wholesome recreation or The Child and Youth Welfare Code:
and activities, individual as well
as social XXX

(7) Every child has the right to full

opportunities for safe and wholesome
recreation and activities, individual as
well as social, for the wholesome use
of his leisure hours.

XXX

8. Right to protection against Paragraph 8, Article 3 of PD No. 603

exploitation, improper
influences, hazards, and other
conditions or circumstances
prejudicial to his physical,
mental, emotional, social and
moral development
or The Child and Youth Welfare Code:
XXX
(8) Every child has the right to
protection against exploitation,
improper influences, hazards, and other
conditions or circumstances prejudicial
to his physical, mental, emotional,
social and moral development.

XXX

9. Right to live in a community Paragraph 9, Article 3 of PD No. 603

and a society that can offer him or The Child and Youth Welfare Code:
 an environment free
XXX

(9) Every child has the right to live in a

community and a society that can offer
him an environment free from
pernicious influences and conducive to
the promotion of his health and the
cultivation of his desirable traits and
attributes.

XXX

10.  Right to the care, assistance, Paragraph 10, Article 3 of PD No. 603
and protection of the State or The Child and Youth Welfare Code:

XXX

(10) Every child has the right to the

care, assistance, and protection of the
State, particularly when his parents or
guardians fail or are unable to provide
him with his fundamental needs for
growth, development, and
improvement.

XXX

11. Right to an efficient and honest Paragraph 11, Article 3 of PD No. 603
government or The Child and Youth Welfare Code:

XXX

(11) Every child has the right to an

efficient and honest government that
will deepen his faith in democracy and
inspire him with the morality of the
constituted authorities both in their
public and private lives.

XXX

12. Right to grow up as a free Paragraph 12, Article 3 of PD No. 603

individual or The Child and Youth Welfare Code:

XXX
 (12) Every child has the right to grow
up as a free individual, in an
atmosphere of peace, understanding,
tolerance, and universal brotherhood,
and with the determination to
contribute his share in the building of a
better world.

XXX

13. Right to “health development” Section 11, Article XIII of the 1987
available to all people at Constitution of the Philippines:
affordable cost, giving special
priority to children. XXX

SECTION 11. The State shall adopt an

integrated and comprehensive approach
to health development which shall
endeavor to make essential goods,
health and other social services
available to all the people at affordable
cost. There shall be priority for the
needs of the underprivileged sick,
elderly, disabled, women, and children.
The State shall endeavor to provide
free medical care to paupers.

XXX

14. Right to free education in the Paragraph 2, Section 2, Article XIV of

elementary and high school the 1987 Constitution of the
levels. Philippines:

XXX

(2) Establish and maintain a system of

free public education in the elementary
and high school levels. Without
limiting the natural right of parents to
rear their children, elementary
education is compulsory for all
children of school age;

XXX
 15. Right for the teaching of
religion to children in schools,
so long as the parent or guardian
of the child has given his or her
written consent.
Paragraph 3, Section 3, Article XIV of
the 1987 Constitution of the
Philippines:
XXX

(3) At the option expressed in writing

by the parents or guardians, religion
shall be allowed to be taught to their
children or wards in public elementary
and high schools within the regular
class hours by instructors designated or
approved by the religious authorities of
the religion to which the children or
wards belong, without additional cost
to the Government.

XXX

16. Right of children to assistance, Paragraph 2, Section 3, Article XV of

including proper care and the 1987 Constitution of the
nutrition, and special protection Philippines:

SECTION 3. The State shall defend:

XXX

(2) The right of 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;

XXX

b. Women

Right/s Legal Basis

1. Right to extended Maternity Republic Act 11210 or the Expanded
Leave (Extends the previous 60- Maternity Leave Law
day paid maternity leave to 105
days
2. Prohibition on Discrimination Republic Act 6725 or An act
 against Women with respect to strengthening the prohibition on
terms and conditions of discrimination against women with
employment respect to terms and conditions of
employment , amending for the
purpose Article One Hundred Thirty-
Five of the Labor Code as Amended.
3. Right to protect the family and Republic Act 9262 or An act defining
its members particularly women violence against Women and their
and children, from violence and Children, providing for protective
threats to their personal safety measures for victims, prescribing
and security penalties therefore, and for other
purposes.
4. Right to own, operate and Republic Act 7882 or An act providing
manage small business assistance to Women engaging in
enterprises Micro and Cottage Business
Enterprises, and for other purposes.
5. Right against prohibition of Anti-Sexual Harassment Act of 1995
Sexual Harassment committed in
employment, education or
training environment.
6. Anti-Rape Republic Act No. 8353 or The Anti-
rape Law of 1997.
7. Right to assistance and Republic Act 8505 or Rape Victim
protection for rape victims Assistance and Protection Act of 1998.
8. Right to recognition, protection, Republic Act 9710 or Magna Carta of
fulfillment, and promotion of the Women
rights of Filipino women
9. Right to Equality before the law Section 14, Article II of the 1987
of women and men Constitution of the Philippines:

Section 14. The State recognizes the

10. Right to Health Development
role of women in nation-building, and
shall ensure the fundamental equality
before the law of women and men.
Section 11, Article 13 of the 1987
Constitution of the Philippines:

SECTION 11. The State shall adopt an

integrated and comprehensive
approach to health development which
shall endeavor to make essential
goods, health and other social services
available to all the people at affordable
cost. There shall be priority for the
needs of the underprivileged sick,
elderly, disabled, women, and
 children. The State shall endeavor to
provide free medical care to paupers.

11. Right to a safe and healthful Section 14, Article XIII of the 1987
working conditions Constitution of the Philippines:

SECTION 14. The State shall protect

working women by providing safe and
healthful working conditions, taking
into account their maternal functions,
and such facilities and opportunities
that will enhance their welfare and
enable them to realize their full
potential in the service of the nation.

c. Migrant workers

Right/s Legal Basis

1. Right to a higher standard of Republic Act No. 8042 or Migrant
protection and promotion of the Workers and Overseas Filipinos Act of
welfare of migrant workers 1995

Republic Act No. 10022 or An act

amending RA No. 8042
2. Right to Suffrage Section 2, Article V of the 1987
Constitution of the Philippines:

SECTION 2. The Congress shall

provide a system for securing the
secrecy and sanctity of the ballot
as well as a system for absentee voting
by qualified Filipinos abroad.

XXX

d. Disabled (senior, pwd)

Right/s Legal Basis

1. Right to Suffrage Section 2, Article V of the 1987
Constitution of the Philippines:

XXX
 The Congress shall also design a
procedure for the disabled and the
illiterates to vote without the assistance
of other persons. Until then, they shall
be allowed to vote under existing laws
and such rules as the Commission on
Elections may promulgate to protect
the secrecy of the ballot.

2. Right to Health Development Section 11, Article XIII of the 1987

Constitution of the Philippines:

SECTION 11. The State shall adopt an

integrated and comprehensive approach
to health development which shall
endeavor to make essential goods,
health and other social services
available to all the people at affordable
cost. There shall be priority for the
needs of the underprivileged sick,
elderly, disabled, women, and children.
The State shall endeavor to provide
free medical care to paupers.

3. Right to rehabilitation, self- Section 13, Article XIII of the 1987

development and self-reliance, Constitution of the Philippines:
and their integration into the
mainstream of society. SECTION 13. The State shall establish
a special agency for disabled persons
for rehabilitation, self-development and
self-reliance, and their integration into
the mainstream of society.

RA 7277 or Magna Carta for Disabled

Persons

RA 9442 or An act amending RA No.

7227

4. Right to be trained in civics, Paragraph 5, Section 2, Article XIV of

vocational efficiency, and other the 1987 Constitution of the
skills Philippines:

SECTION 2. The State shall:


e. Criminals
Right/s
1. Right to be presumed innocent
2. Right to be heard by himself and
counsel
3. Right to be informed of the
nature and cause of accusation
against him
4. Right to have a speedy,
impartial, and public trial
5. Right to meet the witnesses face
to face
6. Right to secure the attendance of
witnesses and production of
evidence in his behalf
7. Right to testify as a witness in
his own behalf
8. Right to be exempt from being
compelled to be a witness
against himself
9. Right to appeal in all cases
allowed
10. Right to Due Process of Law
11. Right to be secure in their
XXX
(5) Provide adult citizens, the disabled,
and out-of-school youth with training
in civics, vocational efficiency, and
other skills.
Legal Basis
Section 1 (a), Rule 115 of the Revised
Rules of Court and Paragraph 2,
Section 14, Article III of the 1987
Constitution of the Philippines
Section 1 (c), Rule 115 of the Revised
Rules of Court and Paragraph 2,
Section 14, Article III of the 1987
Constitution of the Philippines
Section 1 (b), Rule 115 of the Revised
Rules of Court and Paragraph 2,
Section 14, Article III of the 1987
Constitution of the Philippines
Section 1 (h), Rule 115 of the Revised
Rules of Court and Paragraph 2,
Section 14, Article III of the 1987
Constitution of the Philippines
Section 1 (f), Rule 115 of the Revised
Rules of Court and Paragraph 2,
Section 14, Article III of the 1987
Constitution of the Philippines
Section 1 (g), Rule 115 of the Revised
Rules of Court and Paragraph 2,
Section 14, Article III of the 1987
Constitution of the Philippines
Section 1 (d), Rule 115 of the Revised
Rules of Court
Section 17, Article III of the 1987
Constitution of the Philippines and
Section 1 (e), Rule 115 of the Revised
Rules of Court
Section 1 (i), Rule 115 of the Revised
Rules of Court
Section 1. Article III of the 1987
Constitution of the Philippines
Section 2, Article III of the 1987
 persons, houses, papers, and Constitution of the Philippines
effects against unreasonable
searches and seizures
12. Right to remain silent Section 12 (1), Article III of the 1987
Constitution of the Philippines
13.  right to a speedy disposition of Section 16, Article III of the 1987
their cases Constitution of the Philippines