Dear PAO,

An allegation was thrown against me for degrading the reputation of a teenage girl. The matter was brought before the barangay, however, the conciliation failed. When the barangay issued a certificate to file action, I was surprised that the offense indicated was for violation of Section 10 (a) of Republic Act 7610. I was thinking that the correct case is only oral defamation or a similar offense under the Revised Penal Code. Am I correct in my belief that I cannot be made liable for child abuse if the crime is punishable under the Revised Penal Code?

Donver

Dear Donver,

Other acts of child abuse is punishable specifically under Section 10 (a) of Republic Act 7610 (RA 7610) or the “Special Protection of Children Against Abuse, Exploitation and Discrimination Act,” which provides that:

“Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child’s Development. –

“Any person who shall commit any other acts of child abuse, cruelty or exploitation or to 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 xxx”

The correct interpretation of the aforecited provision of the law was explained by the Supreme Court in their decision in the case entitled Plasan vs. People of the Philippines, GR 262122, Oct. 23, 2023. Speaking through Associate Justice Jhosep Lopez, the Supreme Court said that:

“[P]rior to the enactment of R.A. No. 7610, an act falling under Article 59 of P.O. No. 603, when committed by a non-parent, is punishable under the appropriate counterpart provision of the RPC. With the absence of a counterpart provision under the RPC for paragraphs 6, 1 0 and 11 of Article 59 of P.O. No. 603, a significant gap was left in the legislation concerning the protection of children. When a non-parent commits these acts against a child, the same cannot be punished under P.O. No. 603 or the RPC. With the advent of R.A. No. 7610, Section 10(a) filled this gap, and now punishes acts under Article 59 of P.D. No. 603 even if committed by a non-parent including those covered by paragraphs 6, 10, and 11 of the latter law[.]..

“Apropos, the intention of the legislature in introducing Section 10(a) of R.A. No. 1910 is to increase the penalties for acts committed against children as enumerated under the P.O. No. 603 and the RPC. This signifies the intention of the legislature to bring within the ambit of R.A. No. 7610, the provisions of Article 59 of P.O. No. 603 that are not covered by the RPC, as well as those falling under the RPC. Thus, an interpretation of the phrase ‘but not covered by the [RPC], as amended,’ that would render the application of R.A. No. 7610 only when the act is not covered by the RPC would be contrary to the intention of the legislature. To reiterate, said phrase qualifies the antecedent phrase ‘including those covered by Article 59 of [PD.] No. 603, as amended,’ and taken as a whole, means that Section l 0 (a), R.A. No. 7610 applies whenever acts of abuse are committed against children under Article 59 of P.O. No. 603 that are not covered by the RPC. With the word ‘any person’ under Section 10 (a) and the intention to increase the penalties of the punishable acts involving child abuse, Section 10 (a) of R.A. No. 7610 encompasses a wide-ranging act by which the punishable acts under Article 59 of P.O. No. 603, whether or not these are covered by the RPC, as well as acts under the RPC, involving children may be examined. (Emphasis in the original)”

Applying the above-quoted decision in your situation, your belief that you are only liable for other forms of child abuse under Section 10 (a) of RA 7610 if the offense is not covered by the Revised Penal Code has no legal basis. The intention of the legislature in passing RA 7610 is to cover acts, with an increased penalty, not only those enumerated under (1) Article 59 of Presidential Decree 603 (The Child and Youth Welfare Code), as amended, that are not covered by the Revised Penal Code, but also those crimes falling under the Revised Penal Code.

We hope that we were able to answer your queries. Please be reminded that 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.

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]