What are the penalties for child abuse?

[kianbarci]

What are the penalties for child abuse?
Hi! I just wanna ask the penalties for those who are committing child abuse.
Here's the scenario,
There's a 17-year old guy (who is turning 18 in more than a month, 1 1/2 months i think), who got hit the he got his medico legal and found out that he got less serious injuries.
On his statement, he says he was hit on his back by a man, then more punches or hit by other 5 individuals.
What are the penalties await to those individuals?
Also, is true that they may be imprisoned of 12 years?
Is there also bail, how much does it cost?

Your response will be highly appreciated, thank you very much!
Happy Holidays!

 

[dgreat]

The case is covered by RA 7610 (usually they will file physical injuries in relation to sec. 10 of RA 7610. the punishment of which is stated below:

Section 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 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.

(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided, That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty.

(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have in his company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor in its medium period and a fine of not less than Forty thousand pesos (P40,000); Provided, however, That should the perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be prision mayor in its maximum period, a fine of not less than Fifty thousand pesos (P50,000), and the loss of parental authority over the minor.

(d) Any person, owner, manager or one entrusted with the operation of any public or private place of accommodation, whether for occupancy, food, drink or otherwise, including residential places, who allows any person to take along with him to such place or places any minor herein described shall be imposed a penalty of prision mayor in its medium period and a fine of not less than Fifty thousand pesos (P50,000), and the loss of the license to operate such a place or establishment.

(e) Any person who shall use, coerce, force or intimidate a street child or any other child to;

(1) Beg or use begging as a means of living;

(2) Act as conduit or middlemen in drug trafficking or pushing; or

(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium period to reclusion perpetua.

Note: penalties may be imposed on maximum period depending on circumstances. See full text of RA 7610 -- just google it.

According to our Constitution, bail is a matter of right. (karapatan mo ang magpyansa-- in child abuse cases -- 100 k yata ang recommendeed bail as contained in the bail bond guide ng DOJ. Of course, pweded kang magmotion for reduction of bail on several grounds,,) except in cases punishable by reclusion perpetua when evidence of guilt is strong, it became a matter of discretion for the judge.(in the latter case, you can still file a motion to post bail arguing that your opponent' evidence is weak).

 

[kianbarci]

The case is covered by RA 7610 (usually they will file physical injuries in relation to sec. 10 of RA 7610. the punishment of which is stated below:

Section 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 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.

(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided, That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty.

(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have in his company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor in its medium period and a fine of not less than Forty thousand pesos (P40,000); Provided, however, That should the perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be prision mayor in its maximum period, a fine of not less than Fifty thousand pesos (P50,000), and the loss of parental authority over the minor.

(d) Any person, owner, manager or one entrusted with the operation of any public or private place of accommodation, whether for occupancy, food, drink or otherwise, including residential places, who allows any person to take along with him to such place or places any minor herein described shall be imposed a penalty of prision mayor in its medium period and a fine of not less than Fifty thousand pesos (P50,000), and the loss of the license to operate such a place or establishment.

(e) Any person who shall use, coerce, force or intimidate a street child or any other child to;

(1) Beg or use begging as a means of living;

(2) Act as conduit or middlemen in drug trafficking or pushing; or

(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium period to reclusion perpetua.

Note: penalties may be imposed on maximum period depending on circumstances. See full text of RA 7610 -- just google it.

According to our Constitution, bail is a matter of right. (karapatan mo ang magpyansa-- in child abuse cases -- 100 k yata ang recommendeed bail as contained in the bail bond guide ng DOJ. Of course, pweded kang magmotion for reduction of bail on several grounds,,) except in cases punishable by reclusion perpetua when evidence of guilt is strong, it became a matter of discretion for the judge.(in the latter case, you can still file a motion to post bail arguing that your opponent' evidence is weak).

Salamat po,
naguguluhan po kasi kame sa grounds nung info sa taas eh...
Dun po sa binigay kong scenario, icoconsider kaya nila yung age nung bata especially he was turning 18 and is able to fight back. Sa tingin mo po, anong mangyayari?

 

[Fico]

17 years old pa lang siya nung nangyari diba? Malamang icoconsider ng court yan.

 

[kianbarci]

What if one of the accused po, magplead guilty, kasi umalabas na dinadamay nya lang yung other individuals?
Ano pong mangyayari dun sa case?

 

[Eileithyia07142012]

mga sir kinasuhan po kc ako ng child abuse na hindi ko nman ginawa kc po ramble po ang nangyari at walang child abuse na nangyari..

 

[vjoucher]

alam mo ts kung gusto nyong matapos na yan, makipagsettle na lang kayo dun sa bata, kasi from what i see may laban kaso nya , kasi birth cert, incident/police report at med cert lang kailangan nyang ebidensya para makakuha ng favorable judgment, mastipid na yan kesa babayaran nyo pa si piska o si judge..at kahit may magplead guilty na isa walang kasiguraduhan na maabswelto yung iba kasi pinapalabas nung victim na nag conspire kayo..bailable naman ang child abuse,walang specific amount pero sa sitwasyon na yan 20-40 each ang accused.

para kay sir Eileithyia07142012...kahit rumble yun pag yung nakarumble nyo eh bata pasok na agad yan sa 7610, kupal yang batas na yan eh parang VAWC..sabi kasi sa 7610- (b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the following:

(1) Psychological and physical abuse...
so whether habitual or not pasok yung rumble, at nandun sa par b(1) physical abuse..kahit slight phy.inj. lang pasok...

So, the best possible way to end your agony is to settle the case outside of court,basically the civil aspect of the case, once settled na yan di na pwedeng makialam abogado nila wag nyo na ring ipaatend sa kung anong hearing yung bata and his witnesses kung meron, then kausapin nyo si piskal then magmotion yung lawyer nyo for prov dismissal after 1yr ipafinal na yan,then tapos na.

 

[Eileithyia07142012]

sir tatay po nung batang babae ung naka away namin. tsaka wala po ung batang babae na un during ramble.

 

[ysuran]

alam mo ts kung gusto nyong matapos na yan, makipagsettle na lang kayo dun sa bata, kasi from what i see may laban kaso nya , kasi birth cert, incident/police report at med cert lang kailangan nyang ebidensya para makakuha ng favorable judgment,

I would like to ask for any legal advice/opinion regarding your statement sir.. kasi my 2 year-old daughter was a victim of physical abuse, she was deliberately hit by a bottle directly in the face, though she is a witness of her own - , nakakapagsalita na yun anak ko ng derecho, she can still recall what happened during that moment when she was abused.. i have medical certificate which indicates hyperemia (healing not more than 10 days). and of course the certificate to file action, which shows the perpetrator did not attend ALL of the barangay hearings and to pursue the case to elevate it to prosecutor's office. Preliminary investigation was done, and the respndent's presented denials and lie plus a false witness to debunked our affidavit. The perpetrator is none the less her grandmother's sister (in-laws/affinity side).

As of this writing, the case is still pending for resolution of the City Prosecutor's Office.
My Questions:
1. We kept the weapon used, but it did not came in to my mind that time not to touch it with bare hands. (would the court still consider it as an evidence since my fingerprints are all on it?)

2. Would the stated evidences sufficient for the case to prosper?

3. May I ask for any other legal advice or tips regarding the case we filed?

This case torments me so much.. this is more than just the physical abuse, my child I believe that she is still traumatic whenever I ask her questions to freshen up her memory, when and if the time comes that she would speak in front of the court.

Thank you very much, God Bless you.,.

 

[P3IN]

I would like to ask for any legal advice/opinion regarding your statement sir.. kasi my 2 year-old daughter was a victim of physical abuse, she was deliberately hit by a bottle directly in the face, though she is a witness of her own - , nakakapagsalita na yun anak ko ng derecho, she can still recall what happened during that moment when she was abused.. i have medical certificate which indicates hyperemia (healing not more than 10 days). and of course the certificate to file action, which shows the perpetrator did not attend ALL of the barangay hearings and to pursue the case to elevate it to prosecutor's office. Preliminary investigation was done, and the respndent's presented denials and lie plus a false witness to debunked our affidavit. The perpetrator is none the less her grandmother's sister (in-laws/affinity side).

As of this writing, the case is still pending for resolution of the City Prosecutor's Office.
My Questions:
1. We kept the weapon used, but it did not came in to my mind that time not to touch it with bare hands. (would the court still consider it as an evidence since my fingerprints are all on it?)

2. Would the stated evidences sufficient for the case to prosper?

3. May I ask for any other legal advice or tips regarding the case we filed?

This case torments me so much.. this is more than just the physical abuse, my child I believe that she is still traumatic whenever I ask her questions to freshen up her memory, when and if the time comes that she would speak in front of the court.

Thank you very much, God Bless you.,.

Kelan ba nangyari yun sinaktan ang anak mo? saka dinaan mo pa ng Barangay? pwede na yan hindi idaan sa Barangay since menor de-edad yan, basta meron ka medical certificate irekta mo na sa DSWD yan, mabilis ang aksyon yan, at kulong agad yan

 

[ysuran]

Kelan ba nangyari yun sinaktan ang anak mo? saka dinaan mo pa ng Barangay? pwede na yan hindi idaan sa Barangay since menor de-edad yan, basta meron ka medical certificate irekta mo na sa DSWD yan, mabilis ang aksyon yan, at kulong agad yan

bro, october 31 nangyari yun pananakit, last year.. gabi yun, so wala ng office. dinala namin yung kaso sa women's and childrens protection desk sa pulis.. pero sinabi na idaan muna daw sa barangay, since isang barangay lang daw kami.. nakaka dismaya lang.. kaya kinabukasan pinablotter na lang namin sa barangay at pinahearing pero di pumupunta yung suspek sa hearing. wala rin ibang tumutulong samin nun, walang nag suggest na idala namin sa dswd. kaya after kami mabigyan ng cert to file action, ako na din nag direct filing na lang sa pulis

 

[P3IN]

bro, october 31 nangyari yun pananakit, last year.. gabi yun, so wala ng office. dinala namin yung kaso sa women's and childrens protection desk sa pulis.. pero sinabi na idaan muna daw sa barangay, since isang barangay lang daw kami.. nakaka dismaya lang.. kaya kinabukasan pinablotter na lang namin sa barangay at pinahearing pero di pumupunta yung suspek sa hearing. wala rin ibang tumutulong samin nun, walang nag suggest na idala namin sa dswd. kaya after kami mabigyan ng cert to file action, ako na din nag direct filing na lang sa pulis

Hindi manlang sinabi sainyo ng Pulis na sa DSWD na dalhin? nag punta kana sa DSWD? Tagal na pala nun pangyayari na yun

 

[ysuran]

Hindi manlang sinabi sainyo ng Pulis na sa DSWD na dalhin? nag punta kana sa DSWD? Tagal na pala nun pangyayari na yun

Oo tol, hindi sinabi nung WCPD Desk Officer na pwede namin ilapit sa DSWD yung kaso, instead sinabi niya na sa barangay muna kami mag file ng reklamo..

Huli na nung nalaman ko na mas matutulungan kami kung sa DSWD kami nagreklamo. after ng 3 hearing sa barangay nag direct filing na ako sa city police para iforward sa prosecutors office. Tapos nun, dun ko lang din nalaman yung tungkol sa paghingi ng tulong sa DSWD, nung lumapit kami sa DSWD, sabi samin dun na wala ng maitutulong yun DSWD kasi naisampa na daw yung Kaso sa korte. Gaano katotoo yung statement nila na yun? parang di ako satisfied sa sagot nila na wala na sila matutulong.

Sa ngayon, naghihintay na kami ng resolution sa prosecutors office sa kung anong kahihinatnan nung kaso. salamat sa tulong tol.

 

[P3IN]

Oo tol, hindi sinabi nung WCPD Desk Officer na pwede namin ilapit sa DSWD yung kaso, instead sinabi niya na sa barangay muna kami mag file ng reklamo..

Huli na nung nalaman ko na mas matutulungan kami kung sa DSWD kami nagreklamo. after ng 3 hearing sa barangay nag direct filing na ako sa city police para iforward sa prosecutors office. Tapos nun, dun ko lang din nalaman yung tungkol sa paghingi ng tulong sa DSWD, nung lumapit kami sa DSWD, sabi samin dun na wala ng maitutulong yun DSWD kasi naisampa na daw yung Kaso sa korte. Gaano katotoo yung statement nila na yun? parang di ako satisfied sa sagot nila na wala na sila matutulong.

Sa ngayon, naghihintay na kami ng resolution sa prosecutors office sa kung anong kahihinatnan nung kaso. salamat sa tulong tol.

Tama sila, naisampa na kasi ang kaso sa nakatataas, at hindi rin sinabi ng barangay official nyo na pwede nang hindi idaan sakanila yun hindi ba nila alam yun tsk tsk. Pag ka Child Abuse at Violence against women pwede na yan hindi idaan sa Barangay, sa DSWD na yan at mabilis ang aksyon dyan.

 

[ysuran]

Tama sila, naisampa na kasi ang kaso sa nakatataas, at hindi rin sinabi ng barangay official nyo na pwede nang hindi idaan sakanila yun hindi ba nila alam yun tsk tsk. Pag ka Child Abuse at Violence against women pwede na yan hindi idaan sa Barangay, sa DSWD na yan at mabilis ang aksyon dyan.

Wala din sinabi yung barangay na pwede namin idaan sa DSWD.. Nakakadismaya lang. Nakakabahala lang kasi araw araw nakikita ng anak ko yung demonyong nanakit sa kanya, baka kung ano gawin pag walang nakakakita sa bata, kaya parati ko pinapabantayan..