SC affirms conviction of cop for pointing gun at minor

The Supreme Court (SC) has affirmed with modification a decision that found a police officer guilty of pointing a gun at a 15-year-old in 2014.

In a decision promulgated on January 17, the SC en banc affirmed with modification the 2017 ruling of the Court of Appeals (CA) and found Marvin San Juan guilty of violating Section 10(a) in relation to Section 3(b)(1) of Republic Act 7610, or the Special Protection of Children Against Child Abuse, Exploitation, and Discrimination Act.

San Juan was sentenced to four years, nine months, and 11 days to up to seven years and four months in prison.

He was also ordered to pay the child, AAA, P20,000 for moral damages, P20,000 as exemplary damages, plus interest at the rate of 6% per annum on the civil liability imposed, reckoned from the finality of the decision until full payment.

During the trial, 11-year-old BBB testified that he was with his friends, AAA and CCC, at a basketball court when San Juan arrived and insulted AAA on March 26, 2014.

BBB said AAA walked away, causing San Juan to pull out his gun and point it at the back of AAA.

AAA testified that San Juan threatened him with a stone after AAA laughed at him.

San Juan, meanwhile, said that he was on his way home when he saw AAA and his friends playing at a basketball court. San Juan said he reminded them that they were not allowed to play during the weekdays.

He said that instead of obeying, the children laughed at him.

He said he felt insulted and chased them with a stone. However, he denied pointing a gun at AAA.

In July 2015, a regional trial court (RTC) convicted San Juan of violating Section 10(a) of RA 7610 for pointing a gun at AAA. It said that San Juan’s denial ''cannot be overcome by the categorical, credible, and positive testimony'' of BBB.

On appeal, the CA ruled the police officer was guilty of the crime of making grave threats in relation to RA 7610. 

However, the SC found San Juan guilty of violating Section 10(a) in relation to Section 3(b)(1) of RA 7610.

Under Section 3(b)(1), child abuse refers to the maltreatment, whether habitual or not, of the child, which includes… psychological and physical abuse, neglect, cruelty, sexual abuse, and emotional maltreatment.

According to the SC, pointing a firearm toward a minor was "intrinsically cruel."

"It bears emphasis that the object involved in this case is a gun. Unlike other objects that may be used to hurt a child, a gun serves no other purpose than to cause injury or death," it said.

"It is not farfetched to assume that children, recognized as the most vulnerable members of society, can offer no resistance against an armed officer and, in all likelihood, would be scarred by trauma long after the incident," it added. — VBL, GMA Integrated News