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[av_heading heading=’ABOVE THE LAW ‘ tag=’h3′ style=’blockquote modern-quote’ size=’30’ subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=” av-medium-font-size-title=” av-small-font-size-title=” av-mini-font-size-title=” av-medium-font-size=” av-small-font-size=” av-mini-font-size=” admin_preview_bg=”]
BY AYIN DREAM D. APLASCA
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Tuesday, December 5, 2017
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“WHAT ARE you looking at? You stupid!”
Have you ever experienced being belittled up to the point of being embarrassed in front of so many people?
Almost all of us have embarrassing and unforgettable moments. Sometimes we just laugh it off. However, there are times when being embarrassed results to us being belittled or maligned.
A few months ago one weekend, I returned to the office to get some of the things I inadvertently left. I met a woman named Dada (not her real name). She needed to talk to a lawyer.
Dada is a housewife. She has a daughter named Pebbles. According to Dada, her daughter was cheerful and less sensitive. One day while her daughter was walking on the sidewalk someone called her and uttered the words mentioned above. That someone was a neighbor.
The situation worsened when the neighbor alighted from the pedicab he was riding and in local dialect orally defamed Pebbles, saying “Stupid, stupid, you’re stupid” while pushing the child in front of many people.
Pebbles was embarrassed. So many people saw what happened. From that time on, according to Dada, her daughter became easily irritable and bad-tempered.
Dada filed a case for Oral Defamation in relation to Republic Act 7610. However, her case was dismissed for the reason that there was no probable cause.
According to the resolution issued, there was no probable cause because first, the essential element of the alleged crime, which is “publicly”, was lacking for there was no other person present and second, there was no evidence that the neighbor had the intent to belittle or malign the child.
I totally disagree with this. Why? Here are some points or excerpts from my petition for review to the Secretary of Justice:
Probable cause, for purposes of filing a criminal information, has been defined as such facts as are sufficient to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial. Probable cause is meant such set of facts and circumstances, which would lead a reasonable, discreet and prudent man to believe that the offense charged in the information, or any offense included therein, has been committed by the person sought to be arrested.
On the first issue, I discussed the definition of the word “publicly.” The investigating person was very literal in his definition; just because there were no other person around or had executed an affidavit to attest the defamatory utterances made does not mean the utterances were not made “publicly.”
The word “publicly” is an adverb and is used to change or qualify a word or a clause. Here, “publicly” does not only describe the place where the crime happened but describe the manner the act or crime was committed – in a manner observable by or in a place accessible to the public.
On the second issue, the investigating person erred in applying the 2013 case of B.G. vs People of the Philippines (G.R. No. 169533). Here, the Supreme Court ruled that there is no child abuse in this case. The records did not establish beyond reasonable doubt that the accused’s laying of hands on the child had been intended to debase the “intrinsic worth and dignity” of the child as a human being, or that he had thereby intended to humiliate or embarrass the latter.
In the present case, the incident did not happen in just a spur of a moment and in anger. There was no indication at that very moment to be overwhelmed and to loss self-control. This is not a case where the respondent is simply performing an obligation of instilling discipline on his child.
There are varied forms of psychological abuse which may include verbal assault like shaming, ridiculing, threatening and belittling which are evident in the present case. And there is no way that there is no intent to belittle a person especially when he has not violated something.
The case needs thorough study to prove probable cause and to reach the bench of the Honorable Court.
As for Dada and her daughter, justice will be served accordingly. We are very hopeful that this will not happen again to them and to others.
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(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
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