Dear Atty. Angela,

My 15-year-old daughter went home to me crying and told me that in front of her friends and schoolmates, her school supervisor blurted, “Look at [name], is that a body of a virgin? She went to the province with her parents to have an abortion.” My daughter felt so angry and ashamed with what the supervisor said and since then she fell into depression and refused to leave the house. Can I file a case against the school supervisor for maligning my minor daughter?

KC

***

Dear KC,

Yes, you could file a criminal case. The remarks made attacked the character, reputation, and dignity of your daughter in her presence. She was exposed to contempt, ridicule, and humiliation, giving rise to psychological abuse under Section 3(b)(1) of the Anti-Child Abuse Law.

A study of relevant jurisprudence reveals that a specific intent to debase, degrade or demean the intrinsic worth of a child as a human being is required for conviction under Section 10 (a) of RA 7610 in relation to Section 3 (b) (2). This is especially true if the acts allegedly constituting child abuse were done in the spur of the moment, out of emotional outrage. (Briñas y Del Fierro v. People, G.R. No. 254005, 2021).

In the recent case of Plasan v. People, G.R. No. 262122 (2024), the Court affirmed the conviction for violation of the Anti-Child Abuse Law who uttered remarks that attacked the character, reputation, and dignity of a minor. It was held that under Section 2(b) of the Implementing Rules and Regulations of the Anti-Child Abuse Law, psychological abuse refers to harm to a child’s psychological or intellectual functioning, which may be exhibited by severe anxiety, depression, withdrawal, or outward aggressive behavior.

The Court further held that the remarks were not simply offhand remarks, neither were they provoked by any emotional outrage. It also found that she was not triggered by any instance immediately prior to the incident that could have justified her conduct and absolved her from liability.

The Court thus affirmed the conviction, and also ordered the accused to pay P20,000 as moral damages.

Atty. Angela Antonio