CA acquits judge of child abuse raps

The Court of Appeals (CA) has acquitted a judge of two counts of child abuse filed by her housemaid and ward.

In a 22-page decision penned by Associate Justice Agustin Dizon of the CA’s special sixteenth division, the CA reversed the earlier judgment of the Quezon City Regional Trial Court Branch 100 finding Caloocan RTC Judge Adoracion Angeles guilty of two counts of violation of Republic Act 7610, the anti-child abuse law.

Angeles filed an appeal before the CA after the lower court found her guilty of violation of RA 7610 filed by Nancy Gaspar, 16, and Proclyn Pacay, 13, her ward and housemaid, respectively. The lower court sentenced Angeles to four years in prison.

Angeles sought a review of the judgment of conviction, while the two complainants questioned the failure of the lower court to award actual, moral and exemplary damages in their favor. Both appeals, being interrelated or closely intertwined were simultaneously discussed and resolved by the CA division.

“In an acquittal, an accused is set free not necessarily because he did not commit the offense but, more likely than not, because the exacting proof for conviction may not have been met. A person is presumed innocent of a crime unless his guilt has been proven beyond reasonable doubt. Thus, an acquittal does not always mean that the defense evidence is given full credence but, rather the prosecution has failed to overcome the presumption of innocence,” Dizon wrote.

The CA also denied the civil indemnity being asked by the two complainants in view of the acquittal.

The CA found out that the lower court judge who rendered the decision was not the one who personally heard the testimonies of the government witnesses. Judge Marie Christine Jacob who wrote the decision took over only on June 21, 2004 during the time when the defense was presenting its witnesses.

The Court also said Angeles could not be held liable for child abuse since the prosecution failed to prove that Nancy was a child or that she was physically abused. The prosecution has the burden of proving every single fact establishing guilt, the CA said.

Angeles became prominent when she convicted all the accused in the Aquila Legis fraternity hazing case. – Nestor Etolle