BusinessMirror

SC upholds conviction of teacher for child abuse

- BY JOEL R. SAN JUAN @jrsanjuan1­573

THE Supreme Court (SC) has affirmed the ruling issued by the Regional Trial Court (RTC) of Antipolo City and the Court of Appeals, which found a female teacher guilty of child abuse for forcing her students to place in their mouths pieces of trash while inside their classroom.

However, the Court declared erroneous the decision of the CA to delete the award of damages granted by the Antipolo RTC Branch in favor of a student who filed the complaint against the petitioner teacher Melany B. Garin.

Thus, it modified the CA decision by ordering Garin to indemnify the student P20,000 as moral damages, P20,000 as exemplary damages, and P20,000 as temperate damages.

It also imposed a fine of P15,000 pursuant to Section 31(f) of RA 7610 (An Act Providing For Stronger Deterrence and Special Protection Against Child Abuse, Exploitati­on and Discrimina­tion, and For Other Purposes).

The SC said all damages awarded would earn legal interest of 6 percent per year until fully paid.

The High Tribunal pointed out that “any person who commits an act that debases, degrades or demeans the intrinsic worth and dignity of the child as a human being” can be held liable under Section 10, Article VI of RA 7610.

“While it may be true that not every instance of laying of hands on the child would constitute childabuse, petitioner’s intention can be inferred from the manner in which she committed the act complained,” the SC said in a four-page resolution denying Garin’s petition for review seeking the reconsider­ation of the CA’S ruling affirming the Antipolo RTC’S decision which found her guilty for violation of RA 7610.

“On this score, petitioner’s act of forcing the victim, AAA, and his classmates to place in their mouths pieces of trash, consisting of scraps of paper, pencil shaving, dirt, and candy wrappers from the classroom’s dustpan, undoubtedl­y debased, degraded and demeaned their intrinsic worth and dignity as children,” it added.

Garin’s “deplorable act,” according to the SC, affected A A A’s normal developmen­t in light of his mental capacity and emotional maturity.

In fact, the SC said, Garin’s acts led to AAA’S lead poisoning and post-traumatic stress disorder.

“As eloquently pronounced by the CA, no self-respecting human being would voluntaril­y place pieces of garbage in his or her mouth unless unduly coerced to do so. The gravity of petitioner’s action becomes all the more pronounced considerin­g that the incident occurred in class and by reason of her moral ascendancy as AAA’S teacher,” the SC declared.

The identity of the victim or any informatio­n, which could establish or compromise his or her identity are withheld pursuant to SC Amended Administra­tive Circular No. 83-2015.

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