Doctrine of In Loco Parentis

Seven year old Michael Ryan, then a Grade 1 pupil at Pughanan Elementary School, was hurriedly entering his classroom when he accidentall...

Seven year old Michael Ryan, then a Grade 1 pupil at Pughanan Elementary School, was hurriedly entering his classroom when he accidentally bumped the knee of his teacher, petitioner Felina Rosaldes, who was then asleep on a bamboo sofa. Roused from sleep, petitioner asked Michael Ryan to apologize to her. When Michael did not obey but instead proceeded to his seat, petitioner went to Michael and pinched him on his thigh. Then, she held him up by his armpits and pushed him to the floor. As he fell, Michael Ryan’s body hit a desk. As a result, he lost consciousness. Petitioner proceeded to pick Michael Ryan up by his ears and repeatedly slammed him down on the floor. After the incident, petitioner proceeded to teach her class. During lunch break, Michael Ryan went home crying and told his mother about the incident.

The petitioner was criminally charged with child abuse (Section 10 (a) of R.A. 7610) in the Regional Trial Court in Iloilo City. The petitioner contends that she did not deliberately inflict the physical injuries suffered by Michael Ryan to maltreat or malign him in a manner that would debase, demean or degrade his dignity. She characterizes her maltreatment as an act of discipline that she as a school teacher could reasonably do towards the development of the child. She insists that her act further came under the doctrine of in loco parentis.

The RTC rendered judgment convicting the petitioner of child abuse. On appeal, the CA affirmed the conviction. Hence, this petition for review on certiorari.

ISSUE:
Is petitioner Felina Rosaldes' act justifiable under the doctrine of in loco parentis?

RULING:
The contention of the petitioner is utterly bereft of merit. Section 3 of Republic Act No. 7610 defines child abuse thus:
                                                x x x x
(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.
                                                x x x x
In the crime charged against the petitioner, therefore, the maltreatment may consist of an act by deeds or by words that debases, degrades or demeans the intrinsic worth and dignity of a child as a human being. The act need not be habitual. 

Although the petitioner, as a school teacher, could duly discipline Michael Ryan as her pupil, her infliction of the physical injuries on him was unnecessary, violent and excessive. The boy even fainted from the violence suffered at her hands. She could not justifiably claim that she acted only for the sake of disciplining him. Her physical maltreatment of him was precisely prohibited by no less than the Family Code, which has expressly banned the infliction of corporal punishment by a school administrator, teacher or individual engaged in child care exercising special parental authority (i.e., in loco parentis), viz:
Article 233. 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.
Hence, her acts cannot be considered as an act in loco parentis.
G.R. No. 173988, October 8, 2014
FELINA ROSALDES, Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent.
BERSAMIN, J.:
The author takes no responsibility for the validity, correctness and result of this work. The information provided is not a legal advice and it should not be used  as a substitute for a competent legal advice from a licensed lawyer. See the disclaimer

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