"x x x.
The penalty for the child abuse committed by the petitioner is that prescribed in Section 10(a) of Republic Act No. 7610, viz:
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 Atiicle 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.
x x x x
The CA revised the penalty fixed by the R TC by imposing the indeterminate penalty of four years, two months and one day of prision correccional, as minimum, to 10 years and one day of prision mayor, as the maximum, on the ground that the offense was aggravated by the petitioner being a public schoolteacher.23 It cited Section 3 l(e) of Republic Act No. 7610, which commands that the penalty provided in the Act "shall be imposed in its maximum period if the offender is a public officer or employee." Her being a public schoolteacher was alleged in the information and established by evidence as well as admitted by her. The revised penalty was erroneous, however, because Section 10 (a) of Republic Act No. 7610 punishes the crime committed by the petitioner with prision mayor in its minimum period, whose three periods are six years and one day to six years and eight months, for the minimum period; six years, eight months and one day to seven years and four months, for the medium period; and seven years, four months and one day to eight years, for the maximum period. The maximum of the indeterminate sentence should come from the maximum period, therefore, and the Court fixes it at seven years, four months and one day of prision mayor. The minimum of the indeterminate sentence should come from prision correccional in the maximum period, the penalty next lower than prision mayor in its minimum period, whose range is from four years, two months and one day to six years.1âwphi1 Accordingly, the minimum of the indeterminate sentence is four years, nine months and 11 days, and the maximum is seven years, four months and one day of prision mayor.
WHEREFORE, the Court AFFIRMS the decision promulgated on May 11, 2005, subject to the MODIFICATIONS that: (a) the petitioner shall suffer the indeterminate penalty of four (4) years, nine (9) months and eleven (11) days of prision correccional, as minimum, to seven (7) years, four (4) months and one (1) day of pr is ion mayor, as the maximum; (b) the petitioner shall pay to Michael Ryan Gonzales P20,000.00 as moral damages, P20,000.00 as exemplary damages, and P20,000.00 as temperate damages, plus interest at the rate of 6% per annum on each item of the civil liability reckoned from the finality of this decision until full payment; and (c) the petitioner shall pay the costs of suit.
x x x."
G.R. No. 173988, October 8, 2014
FELINA ROSALDES, Petitioner, vs. PEOPLE OF
THE PHILIPPINES, Respondent.
