GEORGE BONGALON V People of The Phil

GEORGE BONGALON, Petitioner vs.
PEOPLE OF THE PHILIPPINES, Respondent

G.R. No. 169533, March 20, 2013
Facts:
On May 11, 2002, Jayson Dela Cruz (Jayson) and Roldan, his older brother, both minors, joined the
evening procession for the Santo Niño at Oro Site in Legazpi City. When the procession passed in front of
the petitioner’s house, the latter’s daughter Mary Ann Rose, also a minor, threw stones at Jayson and
called him "sissy". The petitioner, George Bongalon confronted Jayson and Roldan and called them
names like "strangers" and "animals". Petitioner, George Bongalon struck Jayson at the back with his
hand, and slapped Jayson on the face and went to the brothers’ house and challenged Rolando dela
Cruz, their father, to a fight, but Rolando did not come out of the house to take on the petitioner.
Rolando later brought Jayson to the Legazpi City Police Station and reported the incident. Jayson also
underwent medical treatment at the Bicol Regional Training and Teaching Hospital. The doctors who
examined Jayson issued two medical certificates attesting that Jayson suffered the following contusions.
(1) contusion .5 x 2.5 scapular area, left; and (2) +1x1 cm. contusion left zygomatic area and contusion .5
x 2.33 cm. scapular area, left.
On his part, the petitioner, George Bongalon denied having physically abused or maltreated Jayson. He
explained that he only talked with Jayson and Roldan after Mary Ann Rose and Cherrylyn, his minor
daughters, had told him about Jayson and Roldan’s throwing stones at them and about Jayson’s burning
Cherrylyn’s hair. He denied shouting invectives at and challenging Rolando to a fight, insisting that he
only told Rolando to restrain his sons from harming his daughters.
To corroborate the petitioner’s testimony, Mary Ann Rose, George Bongalon’s daughter, testified that
her father did not hit or slap but only confronted Jayson, asking why Jayson had called her daughters
"Kimi" and why he had burned Cherrlyn’s hair. Mary Ann Rose denied throwing stones at Jayson and
calling him a "sissy." Mary Ann Rose insisted that it was instead Jayson who had pelted her with stones
during the procession. Mary Ann Rose described the petitioner, George Bongalon as a loving and
protective father.
The RTC found then declared the petitioner guilty beyond reasonable doubt of RA 7610, and is hereby
ordered to undergo imprisonment of six (6) years and one (1) day to eight (8) years of prison mayor in its
minimum period.
The petitioner, George Bongalon then appealed at the Court of Appeals by assailing the prosecution
witnesses in citing their inconsistencies . CA affirmed the conviction but modified the penalty from
the premises considered. Thus, the decision dated October 20, 2003 of the Regional Trial Court, Branch
9 of Legazpi City hereby affirmed with modification in that accused-appellant George Bongalon is
sentenced to suffer the indeterminate penalty of (4) years, two (2) months and one (1) day of prision
correccional, as minimum term, to six (6) years, eight (8) months and 1 day of prision mayor as the
maximum term.
Further, accused-appellant is ordered to pay the victim, Jayson de la Cruz the additional amount of
P5,000 as moral damages. The petitioner has come to the Court via a petition for certiorari and asserted
that he was not guilty of the crime charged; that even assuming that he was guilty, his liability should be
mitigated because he had merely acted to protect her two minor daughters.
1
Issue:
Whether or not the petitioner is guilty beyond reasonable doubt of Child Abuse as initially charged
Held:
NO.
Under RA 7610, Sec 3 - “Child Abuse” is referred to 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.
Article 13 (6) under the Revised Penal Code states: Mitigating Circumstances - That of having acted upon
an impulse so powerful as naturally as to have produced passion or obfuscation. The facts mentioned
did not establish beyond reasonable doubt that the acts committed by the petitioner specifically by
striking Jayson with his hand and slapping him on the face constitute child abuse as the provisions state.
Moreover, the facts failed to establish for the record that the petitioner demeaned the “intrinsic worth
and dignity of a child as human being”. The laying of hands on Jayson was done at the spur of the
moment and in anger thereby diminishing the petitioner’s exercise of will power. The petitioner was
overwhelmed by his fatherly concern for the personal safety of his own minor daughters who had just
suffered harm at the hands of Jayson and Roldan’s throwing stones at them and about Jayson’s burning
Cherrylyn’s hair. With the “loss of his self-control”, he lacked that “specific” intent to debase, degrade or
demean the intrinsic worth and dignity of a child as a human being that was so essential in the crime of
child abuse.
Arresto menor is prescribed in its minimum period in the absence of any aggravating circumstance that
offset the mitigating circumstance of passion. Considering that Jayson’s physical injury required five to
seven days of medical attention, the petitioner was liable for slight physical injuries under Article 266 (1)
of the Revised Penal Code:
Article 266. Slight physical injuries and maltreatment. — The crime of slight physical injuries shall be
punished: (1) By arresto menor when the offender has inflicted physical injuries which shall incapacitate
the offended party for labor from one to nine days, or shall require medical attendance during the same
period.
Therefore, the court set aside the decision rendered by CA and rendered a new judgment: (a) finding
petitioner George Bongalon guilty beyond reasonable doubt of the crime of slight physical injuries under
paragraph 1, Article 266, of the Revised Penal Code; (b) sentencing him to suffer the penalty of 10 days
of arresto menor; and (c) ordering him to pay Jayson Dela Cruz the amount of P5,000.00 as moral
damages, plus the costs of suit.

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GEORGE BONGALON, Petitioner vs.

PEOPLE OF THE PHILIPPINES, Respondent

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