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    Bongalon vs. People

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    Christian Roque
    (1) Bongalon was charged with child abuse for striking Jayson after an altercation between their children. The court found Bongalon guilty of slight physical injuries instead, as he acted in anger due to his daughters being harmed, rather than intending to debase or humiliate Jayson. (2) The court considered the mitigating circumstance of passion or obfuscation, as Bongalon lost self-control due to his honest belief that Jayson and Roldan had harmed his daughters, diminishing his intelligence and intent. (3) Therefore, while Bongalon laid hands on Jayson, he did so without the specific intent required for child abuse, and

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    Bongalon vs. People

    Uploaded by

    Christian Roque
    192 views2 pages
    (1) Bongalon was charged with child abuse for striking Jayson after an altercation between their children. The court found Bongalon guilty of slight physical injuries instead, as he acted in anger due to his daughters being harmed, rather than intending to debase or humiliate Jayson. (2) The court considered the mitigating circumstance of passion or obfuscation, as Bongalon lost self-control due to his honest belief that Jayson and Roldan had harmed his daughters, diminishing his intelligence and intent. (3) Therefore, while Bongalon laid hands on Jayson, he did so without the specific intent required for child abuse, and

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    Bongalon vs. People Case Digest

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    (1) Bongalon was charged with child abuse for striking Jayson after an altercation between their children. The court found Bongalon guilty of slight physical injuries instead, as he acted in anger due to his daughters being harmed, rather than intending to debase or humiliate Jayson. (2) The court considered the mitigating circumstance of passion or obfuscation, as Bongalon lost self-control due to his honest belief that Jayson and Roldan had harmed his daughters, diminishing his intelligence and intent. (3) Therefore, while Bongalon laid hands on Jayson, he did so without the specific intent required for child abuse, and

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    192 views2 pages

    Bongalon vs. People

    Uploaded by

    Christian Roque
    (1) Bongalon was charged with child abuse for striking Jayson after an altercation between their children. The court found Bongalon guilty of slight physical injuries instead, as he acted in anger due to his daughters being harmed, rather than intending to debase or humiliate Jayson. (2) The court considered the mitigating circumstance of passion or obfuscation, as Bongalon lost self-control due to his honest belief that Jayson and Roldan had harmed his daughters, diminishing his intelligence and intent. (3) Therefore, while Bongalon laid hands on Jayson, he did so without the specific intent required for child abuse, and

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Bongalon vs.

    People

    G.R. No. 169533| March 20, 2013

    Bersamin J.

    Doctrine: Passion or obfuscation may lawfully arise from causes existing only in the
    honest belief of the accused. It is relevant to mention, that in passion or obfuscation, the
    offender suffers a diminution of intelligence and intent.

    Facts: The Prosecution showed that on May 11, 2002, Jayson and Roldan, his older
    brother, both minors, joined the evening procession for the Santo Nio at Oro Site in
    Legazpi City. When the procession passed in front of the Bongalons house, the latters
    daughter Mary Ann Rose, also a minor, threw stones at Jayson and called him a "sissy".
    Bongalon then confronted Jayson and Roldan and called them names like "strangers"
    and "animals and then struck Jayson at the back with his hand, and slapped Jayson on
    the face. Bongalon then went to the house of the 2 brothers and challenged Rolando,
    their father, to a fight, but the latter just ignored Bongalon

    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 wherein the doctors who examined Jayson issued two medical
    certificates attesting that Jayson suffered several contusions on his head and required
    five to seven days of medical attention.

    On his part, 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 Roldans throwing
    stones at them and about Jaysons burning Cherrylyns 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.

    Crime Charged: Child Abuse,in violation of Section 10(a) of Republic Act No. 7610

    RTC: Guilty of Child Abuse

    CA: Affirmed RTCs Decision, but modified the penalty

    Issue: (1) Whether the accused is guilty of child abuse? (2)Whether petitioners liability
    should be mitigated because he merely acted to protect her two minor daughters?

    Held: (1) No, the Court said that Bongalon was not liable for child abuse but is instead
    liable for slight physical injuries under Article 266 (1) of the RPC. The records did not
    establish beyond reasonable doubt that his laying of hands on Jayson had been
    intended to debase the "intrinsic worth and dignity" of Jayson as a human being, or that
    he had thereby intended to humiliate or embarrass Jayson. The records showed the
    laying of hands on Jayson to have been done at the spur of the moment and in anger,
    indicative of his being then 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. 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.

    (2) Yes, the Court considered the mitigating circumstance of passion or obfuscation
    under Article 13 (6) of the Revised Penal Code, because Bongalon lost his reason and
    self-control, thereby diminishing the exercise of his will power. Passion or obfuscation
    may lawfully arise from causes existing only in the honest belief of the accused. It is
    relevant to mention, too, that in passion or obfuscation, the offender suffers a diminution
    of intelligence and intent. With his having acted under the belief that Jayson and Roldan
    had thrown stones at his two minor daughters, and that Jayson had burned Cherrlyns
    hair, Bongalon was entitled to the mitigating circumstance of passion.

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