Ombudsman clears teacher of child abuse
The Office of the OmbudsmanVisayas cleared a public school teacher of the criminal and administrative complaints filed against her for allegedly stepping on the foot and pushing a fouryear-old girl in February last year.
Graft investigation and prosecution officer III Portia Pacquiao dismissed for lack of evidence the complaints of child abuse, misconduct, and oppression filed against Nimpha Pilapil Lehren of Quiot Elementary School in Barangay Quiot, Cebu City.
"Considering that respondent's act in stepping on complainant's toes does not appear to be intentional much less done with the purpose of debasing her intrinsic worth and dignity as a human being, or to humiliate or embarrass her, the same would not constitute a violation of Republic Act 7610 (child abuse)," read the joint resolution, adding it does not even constitute misconduct and oppression.
In her complaint, the victim alleged that while she was standing outside their store on February 29, 2016 at 4:45 p.m., Lehren, who was wearing high heels, allegedly stepped on her foot and pushed her.
Medico-legal certificate shows the girl had an abrasion with hematoma on her right foot.
Teresita Ytaoc, who allegedly witnessed the incident, corroborated the statements of the minor.
She said she comforted the minor who was crying in pain.
Lehren, in her counteraffidavit, said the complaints filed against her were fabricated in order to harass her and her family because she filed complaints of malicious mischief and grave threats against the mother before the Municipal Trial Court in Cities, Branch 1 in Cebu City.
She also filed a case of less serious physical injuries against Ytaoc and the latter was found guilty.
Lehren denied the accusations filed against her claiming she would never lay a hand or physically abuse the complainant. Being a teacher, she knows how to handle children and is aware of the consequences of any abuse committed.
Pacquiao said there was no presence of malice when the incident happened.
"While respondent's act caused injury to complainant's foot, in the absence of malice or an intent to cause harm to her, the same would amount only to a civil, not a criminal or administrative, liability," the joint resolution reads.
Manto/MBG