Ombuds clears teacher of child abuse charges
October 30, 2005 | 12:00am
The Office of the Ombudsman-Visayas has cleared a teacher of the Bulacao Community School of child abuse charges filed by her own pupil.
The case stemmed from the allegation of the child that Carmencita Gabuya, a Grade Two teacher, accused her on June 20 of stealing the teacher's money.
The child admitted sitting in front of Gabuya's table where there was a plastic bag containing money, but denied stealing it. The teacher, who went out for a while, asked the complainant to watch over her belongings.
When Gabuya found out that her money was already missing, she had the child's bag checked but no money was found, the complainant said.
Gabuya allegedly told the child's mother to pay for the lost money even on installment basis but the mother refused, saying there was no evidence that her child took the money.
The child alleged that since that incident, her teacher would coldly stare at her and that her classmates would call her "thief." This prompted her parents to transfer her to another school.
In her defense, Gabuya explained that she did not ask the child's mother to pay for the lost money.
She said it was almost noon when she was called by the principal. And since she was in a hurry, she left in the drawer her wallet containing P500 and a bag of coins on top of her table. Knowing that the complainant always took her lunch inside the room, she asked the child to keep watch of her valuables. But when she returned, the money was gone.
During the hearing of the case, Gabuya also denied the child's allegation that she deducted five points from the child's grades. The child later on admitted to her mother that her teacher did not actually deduct any points from her.
Because the allegations and the evidence were "not strong enough," Gabuya could not be held liable for the crime, said graft investigator Mona Chica Gillamac.
Gillamac also found "no strong indications" that the complainant was humiliated and verbally abused.
The investigator explained that it is normal for the child to feel discomfort because "naturally after the incident it is expected that she would be investigated or interrogated" by her teacher.
The child's lying when she said she had been deducted some points for the alleged theft discredited her allegation that her teacher called her thief. The child, according to Gillamac, "had already concocted falsehood against her teacher when she revealed to her mother that her teacher deducted five points from her class standing which was not really true."
Although Gillamac did not see probable cause to indict the teacher, she warned Gabuya not to entrust to students her money or any other personal effects.
"It must be remembered that students are sent to school by their parents for purposes of learning and not cater to the personal demands of the teachers," Gillamac's eight-page resolution read. - Liv G. Campo
The case stemmed from the allegation of the child that Carmencita Gabuya, a Grade Two teacher, accused her on June 20 of stealing the teacher's money.
The child admitted sitting in front of Gabuya's table where there was a plastic bag containing money, but denied stealing it. The teacher, who went out for a while, asked the complainant to watch over her belongings.
When Gabuya found out that her money was already missing, she had the child's bag checked but no money was found, the complainant said.
Gabuya allegedly told the child's mother to pay for the lost money even on installment basis but the mother refused, saying there was no evidence that her child took the money.
The child alleged that since that incident, her teacher would coldly stare at her and that her classmates would call her "thief." This prompted her parents to transfer her to another school.
In her defense, Gabuya explained that she did not ask the child's mother to pay for the lost money.
She said it was almost noon when she was called by the principal. And since she was in a hurry, she left in the drawer her wallet containing P500 and a bag of coins on top of her table. Knowing that the complainant always took her lunch inside the room, she asked the child to keep watch of her valuables. But when she returned, the money was gone.
During the hearing of the case, Gabuya also denied the child's allegation that she deducted five points from the child's grades. The child later on admitted to her mother that her teacher did not actually deduct any points from her.
Because the allegations and the evidence were "not strong enough," Gabuya could not be held liable for the crime, said graft investigator Mona Chica Gillamac.
Gillamac also found "no strong indications" that the complainant was humiliated and verbally abused.
The investigator explained that it is normal for the child to feel discomfort because "naturally after the incident it is expected that she would be investigated or interrogated" by her teacher.
The child's lying when she said she had been deducted some points for the alleged theft discredited her allegation that her teacher called her thief. The child, according to Gillamac, "had already concocted falsehood against her teacher when she revealed to her mother that her teacher deducted five points from her class standing which was not really true."
Although Gillamac did not see probable cause to indict the teacher, she warned Gabuya not to entrust to students her money or any other personal effects.
"It must be remembered that students are sent to school by their parents for purposes of learning and not cater to the personal demands of the teachers," Gillamac's eight-page resolution read. - Liv G. Campo
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