Guevara, Arjuna das Matthew F. 11382325 The case of C and her father against L.

M:

10/14/13 Atty. Demetrio Custodio

First, lets determine the options we can pursue if Cs father decided, after all discussions, to sue L.M for what she had done to C. Since C is a minor, her father has the right and duty, under Art.220 (4) and (6) of the Family Code1, protect her physical and mental health at all times and to represent her in all matters affecting her interest thus his standing to sue and right to represent her in this matter cannot be questioned. For what charges to file, L.Ms action cannot fall under any crimes defined in the Revised Penal Code; they cannot file a case of Libel2/Slander3 because an element of this crime is the publicity of the

defamatory/malicious imputations which tends to cause damage to a persons reputation. Since L.M confronted C one-on-one, there was really no-one else to hear what L.M accused C of doing and what she allegedly is which is being disloyal hence her reputation was not really damaged due to L.Ms actions. In the same light, it would be difficult to sue L.M under art.21 of the new Civil Code4 which makes a person liable

Family Code, Art. 220. The parents and those exercising parental authority shall have with respect to their unemancipated children or wards the following rights and duties: xxx (4) To enhance, protect, preserve and maintain their physical and mental health at all times; xxx (6) To represent them in all matters affecting their interests;xxx 2 Revised Penal Code, Art. 353. Definition of libel. A libel is a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead. 3 RPC, Art. 358. Slander. Oral defamation shall be punished by arresto mayor in its maximum period to prision correctional in its minimum period if it is of a serious and insulting nature; otherwise, the penalty shall be arresto menor or a fine not exceeding 200 pesos. 4 Civil Code, Art. 21. Any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.

for damages they willfully cause in a manner that is contrary to morals, good customs or public policy. Confronting a student about an allegation is not illegal per se because it is normal in our country for teachers to confront their students about different matters concerning them. However, it would be a different matter if we were to sue her under art.215 of the Civil Code for suspending C and depriving her of her role for which she rehearsed for. Under sec.16(4) of B.P 2326, which covers both Formal and Non-Formal educational systems, a part of the teachers obligation is to maintain professionalism in his behavior. Suspending C arbitrarily and just on the basis of rumors is very unbecoming and unprofessional of a teacher. This is also violative of art.19 of the new Civil Code7 which states that every person must exercise their rights and perform their duties with justice and give everyone their due and observe honesty and good faith; L.M did not give C what was due to her. Even though C is only a minor, she still has constitutional rights. She has the right to due process but L.M, after only confronting C one-on-one and not believing Cs statement, suspended her and deprived her of her role in the upcoming play for which she trained hard for. To conclude, If Cs father came to me for advice as to what they can do regarding the incident, I would first ask him if he has tried to talk to L.M about the matter. It might turn out that L.M felt remorseful for what she had done and might decide

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Id. p.1 B.P 232, Section. 16Teachers Obligations Every teacher shall: xxx (4) Assume the responsibility to maintain and sustain his professional growth and advancement and maintain professionalism in his behavior at all times. xxx 7 NCC, Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.

to lift Cs suspension, if so then a simple apology and an amicable discussion would settle the case. But if L.M appeared to be justified in her actions and Cs father, as a result, becomes really bent on filing a case against L.M and sue her for damages, then I would tell him upfront that we should sue and that we have a strong case. If we are able to prove that C has suffered mental anguish and wounded feelings under art.2217 of the new Civil Code8 because of L.Ms unjust actions, we can claim moral damages under art.2219 of the Civil Code9 with respect to art.2176,10 since there is no pre-existing contractual relationship between them thus making L.Ms action a quasi -delict, and art.2111. We can also claim nominal damages under art.222112 with respect to art.1913 for the same unjust actions because L.M deprived C of her right to due process.

NCC, Art. 2217. Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendants wrongful act or omission. 9 NCC, Art. 2219. Moral damages may be recovered in the following and analogous cases: xxx (2) Quasi-delicts causing physical injuries;xxx 10 NCC, Art. 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter. 11 Id. p.1 12 NCC, Art. 2221. Nominal damages are adjudicated in order that a right of the plaintiff which has been violated or invaded by the defendant, may be vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered by him. 13 Id. p.2