Section 10 (A) of Republic Act 7610 intends to punish with increased penalty crimes under Revised Penal Code

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