ra 7610
RA 7610 defines and penalizes various acts constituting child abuse as defined in the aforementioned provision. It further provides a "catch-all" provision which penalizes other acts of child abuse not specifically addressed by the law, particularly Section 10 ( a), Article VI23 thereof, to wit: 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. xx xx (Emphasis and underscoring supplied) Notably, case law qualifies that for one to be held criminally liable for the commission of acts of Child Abuse under Section 10 (a), Article VI of RA 7610, "the prosecution [must] prove a specific intent to debase, degrade, or demean the intrinsic worth of the child; otherwise, the accused cannot be convicted [for the said offense]."24 The foregoing requirement was first established in the case of Bongalon v. People25 (Bongalon ), where it was held that the laying of hands against a child, when done in the spur olthe moment and in anger, cannot be deemed as an act of child abuse under Section 10 (a) of RA 7610, absent the essential element of intent to debase, degrade, or demean the intrinsic worth and dignity of the child as a human being on the part of the offender, viz.: Not every instance of the laying of hands on a child constitutes the crime of child abuse under Section 10 (a) of Republic Act No. 7610. Only when the laying of hands is shown beyond reasonable doubt to be intended by the accused to debase, degrade or demean the intrinsic worth and dignity of the child as a human being should it be punished as child abuse.
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