Graft investigator Richard Bauzon, in penning the order, said that physical education teacher Rey Anthony Prietos should not have been charged with lasciviousness but with child abuse, under Republic Act 7610.
Prietos was charged earlier with lasciviousness after he allegedly touched the private parts of his pupils while taking their height and weight measurements last November 11.
As a result, DepEd regional director Carolino Mordeno, upon recommendation of a fact-finding team from DepEd's provincial office, approved a 90-day preventive suspension on Prietos for the offense.
But the Ombudsman issued on June 7 a resolution clearing Prietos from the charges, prompting the complainants to move for reconsideration while assailing such decision.
Bauzon eventually acknowledged his failure to realize that Prietos should have been charged with child abuse so, in his recent 2-page order, he set aside his previous ruling and ordered the filing of a child abuse case against Prietos. Deputy Ombudsman Primo Miro approved the new order.
Prietos, in his previous defense, admitted he really touched the middle part of the breasts of his pupil while taking their heights but he insisted it was "not intentional and malicious, and was made only in order to maintain their standing straight position."
But "intent is immaterial" under the child abuse law, said Bauzon adding that, "there is probable cause to believe the respondent is guilty of the offense charge."
It is up to the court now to decide whether Prietos "derived vicarious pleasure when he touched the breasts and vaginas of his pupils," said the Ombudsman order. - Liv G. Campo