Extreme discipline of the child
Afather was charged with the crimes of parricide and slight physical injuries after he repeatedly hit the different parts of the bodies of his sons with a piece of wood. This happened after the children left their home to attend the fluvial festival of Our Lady of Peñafrancia and stayed out overnight without the permission of their parents. When they returned home, their father was very angry and he beat them while their hands and feet were tied to a coconut tree. Noemar collapsed after the beating and died while waiting for a vehicle which could take him to the hospital.
As his defense, the father said that his son did not die from his beating as no father would want to kill his own son. He further claimed that there were prior incidents wherein his sons had left their house without their permission, but he did not harm them. However, the sons repeated it and worse, his sons stole a pedicab. They had to borrow money so that his wife could look for their sons. So when they arrived, he scolded them and hit them with a piece of wood as thick as his index finger. He said that his son died because he had a weak heart.
The Supreme Court affirmed the rulings of the lower courts and found the father guilty of parricide and slight physical injuries.
The law provides that parricide is committed by any person who shall kill his father, mother or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or spouse. It is punishable by reclusion perpetua to death.
In its decision, the Supreme Court explained, “The imposition of parental discipline on children of tender years must always be with the view of correcting their erroneous behavior. A parent or guardian must exercise restraint and caution in administering the proper punishment. They must not exceed the parameters of their parental duty to discipline their minor children. It is incumbent upon them to remain rational and refrain from being motivated by anger in enforcing the intended punishment. A deviation will undoubtedly result in sadism. xx x His subsequent attempt to seek medical attention for his son as an act of repentance was nevertheless too late to save the child’s life. It bears stressing that a decent and responsible parent would never subject a minor child to sadistic punishment in the guise of discipline.” (Pp. of the Philippines vs. Sales, G.R. 177218 [2011])
This community education column from Quota International of Metro Cebu (QIMC) is not intended to take the place of legal advice. Consult with a private attorney of your choice to review the facts, laws and remedies specific to your case. QIMC is a non-profit service organization for the disadvantaged women and children, hearing-impaired and speech-impaired. For comments/feedback, send email to qi.metrocebu@gmail.com.