CEBU - THE Regional Trial Court has upheld an earlier conviction of a policeman who was found guilty of child abuse and was ordered to suffer a maximum of six years imprisonment.
RTC judge Raphael Yrastorza denied the motion for reconsideration filed by Police Officer 2 Arturo Lawas, Jr. after he was found guilty of violation of Section 10 of the Republic Act 7610 otherwise known as the Child Abuse Law.
Yrastorza earlier sentenced Lawas to suffer five to six years imprisonment and was likewise ordered to pay P75,000 in moral and exemplary damages.
In a three-page order, the judge ordered the immediate implementation of Lawas’ conviction after 15 days unless the higher court reverses the order.
The policeman was found guilty for dragging and mauling a minor and putting his gun inside the minor’s mouth causing injuries and prejudice to the victim’s development.
Lawas however contended that the violation for which he was convicted is not covered under the R.A. 7610 but the Revised Penal Code. Furthr, he said that the prosecution failed to prove his guilt beyond reasonable doubt having not able to present the physician who examined the victim.
But, Yrastorza said that Lawas failed to understand the provisions of the Child Abuse Law, explaining the mauling, manhandling and boxing by the accused of the victim, especially that these acts are taken altogether, is not covered under the Revised Penal Code but the Child Abuse Law because these acts are grossly prejudicial to the child’s development.
The judge added the contention that the physician was not presented does not hold water because the defense has already stipulated on the presence of the medical certificate of the injuries sustained by the victim. — Fred P. Languido/WAB (THE FREEMAN)