SANTOS, Robert Jr. Corpuz Legal Medicine – Atty. Patdu, M.D.

2018400143 4E

PART I

1. KEY LEARNING ABOUT CHILD ABUSE

Generally, there are 4 ways child abuse may be committed; it may be physical,
psychological, sexual, or by neglect. Economic abuse may likewise be committed
against a child. While culturally, we use corporal punishment on the child, there are
instances wherein it already borders on physical abuse. In these instances, there is a duty
on the part of health professionals to report the same to the DSWD; the child abuse may
likewise be reported by relatives, the barangay chairman, or 3 concerned citizens.
Furthermore, bullying is a form of child abuse; it is a contributing factor that leads to the
point of breaking. In addition, in cases of sexual abuse, the court may terminate parental
authority; the parental authority may be vested to relatives through judicial order, or the
state, through the DSWD, shall exercise authority. Lastly, refusal to give medical
attention, when needed, or when physical injuries have been inflicted, constitutes neglect.
The United Nations Convention on the Rights of the Child delineates the core principles
on the rights of the child; the Philippines likewise considers the paramount interest of the
child. While the resources of the DSWD may seem lacking at the moment, it is a
challenge on the part of the private sector to step up in addressing this issue.

2. CHILD SEXUAL ABUSE ACCOMMODATION SYNDROME

The Child Abuse Accommodation Syndrome is a behavorial pattern that a child exhibits
when he/she has been the victim of incestuous abuse. The syndrome is characterized by
five stages, namely: 1. Secrecy; 2. Helplessness; 3. Entrapment and Accommodation; 4.
Delayed, Conflicting and Unconvincing Disclosure; and 5. Retraction.

3. DOCTRINES/DEFENSES/THEORIES IN RAPE CASES

A. Maria Clara Doctrine (People vs. Taño, People vs. Amerela and Racho)
No young Filipina of decent repute would publicly admit that she has been sexually
abused, unless that is the truth, for it is her natural instinct to protect her honor. However,
in the recent case of People vs. Amarela and Racho (January 17, 2018), the Court held
that “we simply cannot be stuck to the Maria Clara stereotype of a demure and reserved
Filipino woman. We should stay away from such mindset and accept the realities of a
woman’s dynamic role in society today; she who has over the years transformed into a
strong and confidently intelligent and beautiful person, willing to fight for her rights.”
B. Hornbrook Doctrine of Rape-Victim Daughter Charging Father (People vs.
Bidoc)
The positive and categorical testimony of a rape victim-daughter, identifying her own
father as the one who sexually attacked her, prevails over his bare denial because no
daughter will charge a father, especially a good father, with rape. The charge is not only
embarrassing to the victim and the family; it means death to the head of the family. A
father so charged cannot exculpate himself by a bare-bone denial.

C. Mere presence of abrasions and contusions does not preclude the giving of
consent to sexual intercourse
In this fairly recent case promulgated on April 5, 2017, the Court held that “the mere
presence of abrasions and contusions on her did not preclude the giving of her consent to
the sexual intercourse. Abrasions and contusions could also be suffered during voluntary
submission of the partners to each other's lust.

D. Inconsistencies in ex parte affidavits, weapons (People vs. Garte)

Inconsistencies found in the ex parte affidavits do not necessarily downgrade the
credibility of a witness. In the same manner, the alleged inconsistency with respect to the
weapons used in the commission of the rapes is likewise unavailing as the Court finds the
same as a mere extraneous matter.

E. Variance doctrine (People vs. Sumingwa)

This doctrine is embodied in Section 4, in relation to Section 5, Rule 120 of the Rules of
Criminal Procedure. An appellant can be found guilty of the lesser crime of Acts of
Lasciviousness committed against a child.

4. BATTERED WOMAN SYNDROME

Pursuant to RA 9262, Section 3(b), the Battered Woman Syndrome is a scientifically
defined pattern of psychological and behavioral symptoms found in women living in
battering relationships as a result of cumulative abuse. A battered woman is one who has
been subjected to repeated forceful physical or psychological behavior by a man to
coerce her. The syndrome is characterized by three phases; namely: 1. Tension-building
phase; 2. Acute battering incident phase; and 3. Tranquil period. In the tension-building
phase, there are minor batterings but the woman pacifies the batterer through a nurturing
behavior. Meanwhile, the acute battering incident phase is characterized by brutality,
wherein the woman comes to a realization that the batterer cannot be reasoned with.
Finally, in the tranquil period, the batterer tends to show a nurting behavior towards the
battered woman. For the woman to be classified as battered, the couple must go through
the battering cycle at least twice.
Victim-survivors who are found to be suffering from this syndrome do not incur any
criminal and civil liability notwithstanding the absence of any of the elements of
justifying circumstance of self-defense under the Revised Penal Code. Courts, in deciding
a case, shall be assisted by expert psychiatrists/psychologists. In the case of People vs.
Genosa, because RA 9262 has not been enacted yet, the wife was convicted for parricide
but was entitled to the mitigating circumstances of diminution of freedom of action,
intelligence or intent, as well as passion and obfuscation.

5. SIGNS OF LYING
 Change in head possession quickly
 Avoidance of eye contact
 Scratching of nose or ear
 Limited facial expressions (i.e. only mouth movements)
 Touching or covering of mouth or vulnerable body parts
 Breathing changes
 Restlessness due to guilt or anxiety
 Repetition of words or phrases
 Providing too much information or too much enthusiasm
 Well-rehearsed answers
 Garbled speech

PART II:
1. Advocate restriction of visual content from children. Due to the advent of
technology and liberal parents providing children with gadgets, children are
exposed to visual content inappropriate for their ages (i.e. sexual content, violent
games, mature series). The visual content may lead children to believe that these
are justifiable behavior they may exhibit in the future. Laws will have to be
enacted punishing parents who repeatedly neglect their children to be exposed to
such visual content.
2. Should I be able to pursue international law as I’ve always dreamed of, one of my
career paths would be towards the assistance of refugees, who are also victims of
child abuse and violence.
3. In my last will and testament, designate an orphanage and an institution providing
care and legal assistance to victims of rape and domestic violence to receive part
of the disposable portion of my estate.