Dear PAO,

My ex-partner Jhon and I agreed to live separately after concluding that our differences were irreconcilable. As a result, he moved into his mother’s house while I stayed with my parents. We also agreed he would take custody of our two minor children while I looked for a permanent job. One day, my children came to me crying and trembling. They claimed that their father repeatedly and excessively hurt and cursed them on different occasions. I confronted Jhon and threatened him with a child abuse case. While he admitted to laying hands on our children, he argued that it was part of his right as a father to instill discipline. Is he correct?

Anabelle

Dear Anabelle,

While Article 220 (8) of Executive Order 209, otherwise known as the Family Code of the Philippines, grants parents the rights and duties “to impose discipline” on their children as may be required by circumstances, excessive, violent, and disproportionate disciplinary actions may constitute child abuse. This is especially true if it can be inferred from the circumstances that the offender had the specific intent to debase, degrade, or demean the intrinsic worth and dignity of the child as a human being.

This finds support in the recent decision of the Supreme Court in XXX v. People, GR 268457, July 22, 2024, penned by Associate Justice Jhosep Lopez, which held:

“x x x when the infliction of physical injuries against a minor is done at the spur of the moment or intended to discipline or correct the wrongful behavior of the child, it is imperative that the specific intent to debase, degrade, or demean the intrinsic worth and dignity of the child as a human be established. In the absence of this specific intent, the offender cannot be held liable for child abuse but only for other crimes punishable under the RPC, provided that all the elements of the latter are present.

“In this regard, to determine the presence or absence of this specific intent, this Court may consider the circumstances of the case and the manner by which the offender committed the act complained of, as when the offender’s use of force against the child was calculated, violent, excessive, or done without any provocation. Such intention can also be derived from the disciplinary measures employed by the offender as when such measures are not commensurate to or reasonable to address or correct the child’s misbehavior. x x x

“The confluence of all these shows that petitioner went overboard in disciplining his children when he inflicted upon them physical injuries due to trivial matters. Hitting AAA several times with a wooden rod embedded with a nail was certainly not commensurate or reasonably necessary to discipline her just because she had not eaten her lunch. In the same vein, petitioner used excessive force when he pulled AAA’s hair, kicked and hit her head and struck BBB with a dustpan multiple times just because the money saved in their coin banks was lacking. Although petitioner, as a parent, has the right to instill discipline in his minor children, still, the disciplinary measures he employed in this case were excessive, violent, and completely disproportionate to correct the alleged misconduct or misbehavior of his children. His abusive acts may be considered extreme measures of punishment not commensurate to the discipline of his 12-year-old and 10-year-old children. Given these circumstances, it can be reasonably inferred that his act of laying hands on his children was done with the specific intent to debase, degrade, or demean their intrinsic worth and dignity as human beings.”

Applying the foregoing to your case, if the claims of your children are proven, then their father may be held liable for violation of Republic Act (RA) 7610, commonly referred to as the Anti-Child Abuse Law. Jhon’s disciplinary measures on your common children may be considered repeated, excessive, and violent, especially those unnecessary ones that are not commensurate to correct trivial infractions. His actions may manifest the specific intent to actually debase, degrade, or demean the intrinsic worth and dignity of your children.

We hope that we are able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]