CEBU, Philippines - A teacher from Minglanilla Central School was indicted for violating the Child Abuse law for allegedly throwing a fan at her pupil in July last year.
The Cebu Provincial Prosecutor’s Office has recommended the filing of criminal complaint for violation of Section 10 paragraph (a), Article VI of Republic Act 7610 otherwise known as the Special Protection of Children Against Abuse, Exploitation and Discrimination Act against Ina Cimafranca, who allegedly threw a bamboo fan at her seven-year-old pupil.
In her recommendation for the filing of the information of the case at the Regional Trial Court, Prosecutor Nelia Sistoso said the minor victim was hit on the face near the eye, in the presence of the victim’s classmates, causing physical, emotional and psychological trauma on the victim. The RTC-Criminal Division received the information on March 2.
“Such act of child abuse, cruelty and other condition is prejudicial to the child’s physical, mental, social and emotional growth and development,” the information reads.
Sistoso explained Cimafranca refused to sign the subpoena sent to her on October 5, 2010 as the name in the subpoena is Ira Cimafranca and not Ina, which upon examination is a mere typographical error and the attached copy of the complaint with the affidavit of the complainant is that for Ina Cimafranca.
The prosecutor said despite the refusal of the complaint to sign the subpoena on mere technicality, under the Revised Rules of Court, the subpoena is deemed served on her.
According to the mother of the victim, she was shocked when his son felt pain on his face while he was bathing and he later told her that his teacher hit him with fan.
The mother then talked to the teacher to clarify the incident and the teacher admitted that she hit her son with a fan because he was allegedly roaming around during the class.
Because of the incident, the mother said her son got embarrassed and he refused to go to school due to fear of his teacher. The psychological evaluation conducted on the minor says, “the minor manifested common trauma indicators.”
The prosecutor said the evidence presented by the complainant remains uncontested by the respondent and “upon careful perusal and study of the case records,” it was determined that probable cause existed against Cimafranca for violating Section 10 paragraph (a), Article VI of Republic Act 7610.
Ra 7610, Article VI (Other Acts of Abuse), Section10 (Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child’s Development, paragraph a) states that any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible for other conditions prejudicial to the child’s development including those covered by Article 59 of Presidential Decree No. 603, as amended, but not covered by the Revised Penal Code, as amended, shall suffer the penalty of prison mayor in its minimum period.
“The act of the respondent, who as a grade school teacher is not inexcusable or justifiable act for her to do in disciplining her unruly student, considering the tender age, vulnerability and defenselessness of said minor compared to that of the respondent,” the resolution reads.
Although, the wrongful act of the minor in not behaving inside the classroom during class is not being condoned, the resolution said the force employed by the respondent is more than what is required of her to do in imposing discipline. —(FREEMAN)