Pointing a gun at a 15 year old child considered abuse

“Children” refers to person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.” Section 3 (a) Republic Act No. 7610  

The Supreme Court of the Philippines in the case San Juan v. People, January 17, 2023, G.R. No. 236628, held that the use of firearm is intrinsically cruel which inherently carries a malicious intent liable for violation of Section 10(a) in relation to Section 3(b)(1) of RA 7610 and not punishable by the crime of Grave Threat under the Revised Penal Code.

Under Republic Act No. 7610, the following are considered child abuse:

(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.