CEBU, Philippines - A case for misconduct filed against a public school teacher was dismissed after the student who accused her of hitting him failed to establish the exact date it happened.
Graft investigator Alfred Oguis said there was no sufficient evidence to declare Susana Pahayahay, of Talayong Elementary School, Badian town, guilty of the administrative complaint for misconduct.
His recommendation was approved by Deputy Ombudsman Pelagio Apostol.
Despite the dismissal of the case, the Office of the Ombudsman reminded the respondent to be “mindful of her duties as a teacher” same with the parents of the complainant “to take better active charge of their son’s welfare and discipline.”
“It falls primarily on the parents to bring up a well-balanced and respectful child,” Oguis said.
Camarillo filed a complaint against his teacher for allegedly beating him.
He said his teacher allegedly caught him talking to his seatmate and asked him if he was done answering their test and he said no. He added when his teacher got angry he stood up and tried to run away.
“Complainant states that he stood up and was about to run as the respondent was in the alleged habit of pinching and striking the complainant with a stick whenever the respondent got angry,” the complaint read.
Camarillo added his teacher allegedly held his t-shirt then squeezed his thigh, pinched his ear and struck his hand with a stick.
After the boy told his uncle what happened he accompanied the boy to the Badian Police Station to report the incident.
In her counter-affidavit Pahayahay denied the allegations filed against her and said in her 11 years of teaching she has never harmed a student.
She likewise said the complainant was merely lying.
“In his affidavit, the complainant alleges that the incident of abuse occurred on January 12, 2011 but then the medical certificate indicates that alleged abuse was committed on January 11, 2011,” she added.
Last August 23, the complainant, assisted by his uncle, filed a motion to dismiss with attached affidavit of desistance.
The complainant said his teacher approached him and asked for forgiveness for what she did and he accepted her apology.
However, Oguis ruled the affidavit of desistance is not a ground to dismiss the complaint.
“This complaint may proceed independently of any desistance expressed by the complainant since this is guided by the evidence on record and not whether the complainant has changed his mind,” he said.
However, he said based on the examination of the evidence on record it revealed that there was insufficient evidence declaring the dismissal of the case. –(FREEMAN)