Author Topic: Teacher Found Guilty of Abuse  (Read 2657 times)

pioneer

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Teacher Found Guilty of Abuse
« on: April 24, 2007, 04:07:39 PM »
Published in the Bohol Chronicle.

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Here is a lesson abusive teachers should learn.

Hilarion Araysa, a Grade 4 teacher of Cambuac Sur Elementary School, Sikatuna town was recently found guilty beyond reasonable doubt of Child Abuse for violating Section 10 of Republic Act No. 7610, paragraph 1 in relation to Section 31 (e) and (f) (Anti-Child Abuse Act).

In a 41-page decision penned by Regional Trial Court - Branch 1 (Family Court) Presiding Judge Teofilo D. Baluma, Araysa was meted the penalty of 6 years and 1 day of prison mayor as minimum to 12 years of prison mayor as maximum with the accessory penalties and a fine of P12,000.

In an amended information, the victim, then 9 years old and a Grade 4 pupil of the said school, complained that on November 17, 2000, Araysa subjected him to physical abuse by scratching his face and hitting his back, which caused him to suffer injuries.

The child likewise complained that after inflicting injuries, Araysa also threatened him, causing psychological trauma.

Traumatized by the incident, the child stopped attending classes that school year. The following school year, he enrolled again in Grade 4 but in another school and in another town.

The court ruled that the prosecution ably presented credible witnesses to prove the incident whereas the defense raised nothing but negative defenses, arguing under the guise of discipline, that the accused only guided the child and merely exercised substitute parental authority.

This argument was, however, dismissed by the court as too flimsy to be credible.

As stated by the decision, "the denial proffered by the accused was plainly and simply misplaced being inherently weak as it was a clear negative evidence which failed to overcome the positive testimonies of the witnesses of the prosecution."

The court quoted the case of People vs. Jaime Bano alias Jimmy where the Supreme Court ruled that, "unsubstantiated defenses of denial and alibi, being negative and self-serving, deserves no weight in law and cannot, therefore, be given evidentiary value over the testimonies of credible witnesses who testify on affirmative matters."

The conviction of the erring teacher was a victorious moment for the child, now 15 years old, and his family.

This case should serve as a warning to all public and private teachers alike that although they are faced with the daunting task of educating children, they do not have the liberty to inflict physical and psychological injuries upon their students.

Teachers should not forget the demarcation line between discipline and violence.

As quoted in the Decision, "Violence is not discipline and discipline is not violence.

Discipline administered by a parent or a guardian to a child does not constitute cruelty provided it is reasonable in a manner and degree that does not constitute physical or psychological injuries."

Teachers should remember that while elders have the challenge of disciplining their children or students to prepare them for the future, they should not resort to methods that tend to degrade the well-being of the children.

The prosecution was handled by the Office of the Ombudsman-Visayas through Prosecutor Venerando Ralph Santiago Jr. and lawyer Esther Gertrude D. Biliran. Counsel for the defense was lawyer Danilo A. Bantugan.

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hubag bohol

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Re: Teacher Found Guilty of Abuse
« Reply #1 on: May 09, 2013, 07:35:53 PM »
Agoi, unsa na lang kahang trabahoa ang masudlan... :(

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balong

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Re: Teacher Found Guilty of Abuse
« Reply #2 on: May 09, 2013, 07:54:26 PM »
In a 41-page decision penned by Regional Trial Court - Branch 1 (Family Court) Presiding Judge Teofilo D. Baluma, Araysa was meted the penalty of 6 years and 1 day of prison mayor as minimum to 12 years of prison mayor as maximum with the accessory penalties and a fine of P12,000.

kini si judge classmate naho sauna sa elementary. nag sinumbagay pa jud mi. koyawa pod oi abot naman ug judge samtang ako wa juy nakab-ot.


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Re: Teacher Found Guilty of Abuse
« Reply #3 on: May 09, 2013, 08:22:59 PM »
kong si baluma pa lang untay na judge sa kaso naho against my bata bata pepe cifra who absconded with $40000 okey pa tingali. madala ug honghong kay kaila man mi. 2 milyon pesos ning kwartaha kay P50 pa ang exchange sauna. dont know what is happening. na pildi naman unta si pepe sa kaso unja sentenced to 12 yrs. imprisonment. mi appeal man kono. wa gihapon ma preso. wa jud koy kalibots aning kaso kaso oi. whats your opinion islander. ikaw man juy daghan ug nahibaw-an aning legal matters. ang nahitabo gud ani nangajo ug pohonan si pepe para mag lending business sija. ang ijang experience janitor sa usa ka lending agency sa tagbilaran. wa ko mosogot kay dili ko gusto ug 5-6. pero sigi ug apora si pepe. aho na lang gihatagan ug pohonan. wala makas-a. $3000, $5000 thru western union. kay ang ahong instruction ipa hulam nija ug very low interest at least maka tabang pod ko ginagmay sa mga pobre sa maribojoc. okey unta ang dagan sa negosyo. daily ang collection. mo abot na gud ug P100,000 a day ang collection. gi palitan naho ug 8 ka motorcycles para sa ijang collectors. gi pa himoan naho ug opisina didto sa silong sa ilang balay air conditioned pa jud. kay ako grabe mo pangga ug amigo . unja na balitaan naho nga perte na konong hambogeroha si pepe. naay mo dagkot sa sigarilyo samtang nag mahjong. after 1 year mi sulti si pepe nga wala na konoy kwarta kay dili na mamayad ang mga tawo. just imagine himoong zero balance ang 2 milyon pesos after 1 year. mo undang na kono sija. okey lang para naho. its only money. unja sigi pa gihapon ug negosyo si pepe. aho na lang gi ingnan nga i uli na lang nang mga motor adto sa ahong maguwang. gi dali dali ug pamaligja ang mga motor. gi ingnan pa jud si manang nga bisan asa pa nga korte mi mag atubang. gi ingnan ko ni bokats, ang ahong amigo nga maoy overall team leader sa OPERATION TULION nga ipa anod na lang nija sa suba si pepe. wa ko mo sugot. life is worth more than 2 milyon pesos. kini pod si hubag dili ipa anod sa sapa. tuli-on lang. 

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