Teacher, who engaged in sex with student, out on bail

CEBU, Philippines - A public school teacher accused of qualified seduction and child abuse was released from detention yesterday after he posted bail of P50,000.

The accused, a 28-year-old teacher in a school in Cebu City, was charged before the Regional Trial Court for allegedly making love with his 13-year-old student.

Lawyer Wendell Quiban assisted the accused in posting the bail bond – P40,000 for the child abuse case and P10,000 for the qualified seduction charge.

The Office of the Ombudsman ruled that sufficient evidence existed to elevate the charges against the teacher to court.

Graft investigator Maria Corazon Vergara-Naraja said the complainant earlier accused the teacher of rape, but nothing in her affidavit proved the same, thus, the complaint was downgraded to qualified seduction and child abuse.

“While it is undisputed that respondent had carnal knowledge of the complainant on the night of August 29, 2011 at one of the rooms inside the campus, there is nothing in the affidavit of the complainant that would show that the incident falls under any of the circumstances under rape law,” Naraja’s resolution reads.

Naraja said the teacher committed qualified seduction when he engaged into a carnal act with the complainant.

Qualified seduction is defined as seduction of a virgin over 12 years and under 18 years of age, committed by any person in public authority, priest, home-servant, domestic, guardian, teacher or any person who, in any capacity, shall be entrusted with the education or custody of the woman seduced.

Naraja said the teacher also violated Section 5(b) of Republic Act 7610 or the anti child-abuse law.

She said the teacher “apparently took advantage of his moral ascendancy and influence over the complainant to win over her trust and engage into an amorous relationship which eventually resulted to making love on August 29, 2011.”

The complainant said the first incident happened on July 19, 2011. The girl said she allowed the accused to have sex with her because he promised to be “gentle.”

She reportedly was not surprised when the accused kissed and hugged her because they reportedly started a relationship since July 10, 2011.

In his counter-affidavit, the teacher said he never employed intimidation nor tricked the child.

“It was the victim who directly went to my classroom without any invitation and no threat found as I cannot over power the victim as he was the incumbent President or Vice-President of the Supreme Student Government of the school, a class president, among the top five of the class,” his affidavit reads. – (FREEMAN)