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DIGEST: George Bongalon v. People of the Philippines
GEORGE BONGALON vs. PEOPLE OF THE PHILIPPINES G.R. No. 169533, March 20, 2013 FACTS: The petitioner, George Bongalon, was charged of child abuse, an act in violation of Section 10(a) of Republic Act No. 7610. He allegedly struck Jayson, a minor, with his hand and slapped him on the face after the latter threw stones at George's daughter. The RTC found George guilty as charged. This was affirmed by the CA, but the said court modified the penalty. The petitioner elevated the matter to the SC via a petition for certiorari under Rule 65, ROC. ISSUE: 1. Whether a petition for certiorari under Rule 65 is the proper remedy. 2. Whether the petitioner is guilty of child abuse, under RA 7610. RULING: 1. No. The SC held that the petitioner adopted the wrong remedy in assailing the CA’s affirmance of his conviction. His proper recourse from the affirmance of his conviction was an appeal taken in due course. Hence, he
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