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    Rosaldes Vs People

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    Mark JR Alipio
    Felina Rosaldes, a schoolteacher, was convicted of child abuse for pinching, carrying by the armpits, and throwing to the floor a 7-year old student, Michael Ryan Gonzales, after he accidentally bumped into her. The Supreme Court affirmed the conviction, finding that Rosaldes' actions constituted psychological and physical abuse under the child abuse law. It also ruled that she did not validly exercise parental authority allowed to teachers, as the law prohibits inflicting corporal punishment.

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    Rosaldes Vs People

    Uploaded by

    Mark JR Alipio
    83 views1 page
    Felina Rosaldes, a schoolteacher, was convicted of child abuse for pinching, carrying by the armpits, and throwing to the floor a 7-year old student, Michael Ryan Gonzales, after he accidentally bumped into her. The Supreme Court affirmed the conviction, finding that Rosaldes' actions constituted psychological and physical abuse under the child abuse law. It also ruled that she did not validly exercise parental authority allowed to teachers, as the law prohibits inflicting corporal punishment.

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    Rosaldes vs People

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    Felina Rosaldes, a schoolteacher, was convicted of child abuse for pinching, carrying by the armpits, and throwing to the floor a 7-year old student, Michael Ryan Gonzales, after he accidentally bumped into her. The Supreme Court affirmed the conviction, finding that Rosaldes' actions constituted psychological and physical abuse under the child abuse law. It also ruled that she did not validly exercise parental authority allowed to teachers, as the law prohibits inflicting corporal punishment.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    83 views1 page

    Rosaldes Vs People

    Uploaded by

    Mark JR Alipio
    Felina Rosaldes, a schoolteacher, was convicted of child abuse for pinching, carrying by the armpits, and throwing to the floor a 7-year old student, Michael Ryan Gonzales, after he accidentally bumped into her. The Supreme Court affirmed the conviction, finding that Rosaldes' actions constituted psychological and physical abuse under the child abuse law. It also ruled that she did not validly exercise parental authority allowed to teachers, as the law prohibits inflicting corporal punishment.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    FELINA ROSALDES, Petitioner, vs.

    PEOPLE OF THE PHILIPPINES,


    Respondent.
    G.R. No. 173988 October 8, 2014
    BERSAMIN, J.:

    FACTS:
    1. Petitioner Felina is the schoolteacher of Michael Ryan Gonzales. One time, Michael
    hurriedly entered the classroom and accidentally bumped the knee of Felina who was then
    asleep on the bamboo sofa. Felina then asked Michael to apologize. When Michael did not
    do so, she pinched him on his thigh, carried him on his armpit and threw him to the floor. His
    head hit the desk which rendered him unconscious. Instead of stopping the assault, she
    continued to slam him on the floor. Several students witnessed the incident. Two of his
    classmates then helped him get home and reported the incident to Michael’s mother. She then
    reported the incident to the barangay and then filed a complaint for violation of R.A. No.
    7610 for child abuse. Trial court convicted her guilty beyond reasonable doubt, which the
    Court of Appeals affirmed. She appealed on grounds of valid exercise of parental authority
    since the incident happened at school.
    ISSUE:
    Whether:
    1. Petitioner is guilty of child abuse under R.A. No. 7610.
    2. Petitioner validly exercised parental authority by inflicting punishment on the child.
    RULING:
    1. YES. Section 3 of Republic Act No. 7610 defines child abuse:

    (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, 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.

    The CA concluded that the petitioner "went overboard in disciplining Michael Ryan, a helpless
    and weak 7-year old boy, when she pinched hard Michael Ryan on the left thigh and when she
    held him in the armpits and threw him on the floor.

    2. NO. Article 233 of the Family Code provides:


    The person exercising substitute parental authority shall have the same authority over the person of the child as
    the parents.
    In no case shall the school administrator, teacher or individual engaged in child care exercising special
    parental authority inflict corporal punishment upon the child.

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