Court dismisses child abuse case vs mother

THE Davao City Prosecutor's Office dismissed last month the anti-child abuse charges filed against a mom accused for hurting a boy in Barangay 76-A in Davao City, six months ago.

The woman was charged with violation of the Republic Act 7610, otherwise known as The Anti-Child Abuse Law following a complaint of an eight-year-old boy, who is a neighbor.

In a two-page resolution dated June 29, prosecutor Gaye Canete dismissed the complaint filed against the accused as the basis for physical harm caused by the latter cannot be called a violation.

According to the eight-year-old boy, the incident happened last January 13 while he was at the basketball court watching a game. The son of the accused identified as Gamay was there and kicked the boy. The boy retaliated causing Gamay to run home and tell his mother. The accused went to the basketball court and squeezed the boy's lips in front of the neighbors.

The following day, Gamay's brother accosted the complainant and boxed him, resulting to a match.

The brother shouted for help at his mother who allegedly came and hit the boy with a wood, and causing an existing wound to bleed.

The complainant has a medical certificate indicating an abrasion on his left elbow caused allegedly by mauling. But the accused submitted her counter affidavit denying the charges and submitted the affidavit of her witnesses.

According to the accused, no such incident happened on January 13 as the complainant said, but instead, on January 15, the complainant fell down after an altercation with the woman's son causing the existing wound to bleed.

The prosecution ruled that there is not enough evidence to say that the Anti-Child Abuse Law was violated. What is apparent is the boxing of the two children — Dodong and the complainant.

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