A SPORTS director of a private school in Cagayan de Oro City has been found guilty of two counts of child abuse charges and was ordered to pay damages amounting to P250,000.
In a 21-page decision penned by presiding Judge Evelyn Gamotin-Nery and issued on April 26, the court found Marcelino Neri guilty beyond reasonable doubt of violation of section 10 (a) of Republic Act 7610 or the Special protection of children against abuse, exploitation and discrimination act.
Neri was the sports or athletic director of Sacred Heart of Jesus Montessori School (SHJMS) in JR Borja Extension, Gusa, this city from June 2008 to March 2012.
The court imposes the indeterminate penalty of imprisonment of four years, nine months and 11 days of prison Coreccional and to pay P50,000 as civil indemnity, P50,000 for moral damages, and P25,000 for exemplary damages, each for the twin lawsuits.
The case developed when complainants Dr. Wilbourne Neri and Carlos Alvarez Jr. charged the sports director for maltreating their children through causing extreme physical stress, verbal abuse and public humiliation in several instances between 2008 to 2009 and 2011 to 2012.
The complainants' children were enrolled in the school as basketball varsity players and they were only made to pay the miscellaneous fees.
They decided to transfer their children to another school after learning how their kids were badly treated during sports-related activities under the supervision of the respondent.
However, the parents were surprised when the school asked them to pay a supposed remaining balance of their school obligation before they can get their children's school records like certificate of good moral character and the likes.
The complainants said this policy has never been discussed and agreed upon when their children were admitted as members of the varsity team.
"Dili maayo ang pagtrato sa among anak nga bisan kinsang ginikanan dili gyud mahimoot. Anaa ang pagpakaulaw during practices nga nakaapekto sa behavior sa among anak naay result ana sa psychologist," Alvarez said.
"Pagsulod sa among anak full tuition sila unya miscellaneous lang among bayran. Pero walay kasulatan o kasabutan nga magbayad mi kung i-transfer namo among anak," Dr. Neri said.
But, the respondent, in his affidavit, denied the complainants' accusations saying the students were not offered full time scholarship.
Mr. Marcelino argued that the two students were accommodated as try-outs to avail the school's training program but the full tuition fee privileges was never guaranteed as this is to be decided by the school administration.
The athletic director also denied the allegations of public humiliation.
However, the court ruled in favor of the complainants and "finds the testimonies of the students direct, straightforward, and spontaneous, as they testified on the ordeal they had to undergo whenever Marcelino hurled expletives against them, especially if accused is intoxicated."
"It is worth noting that the defendant is impulsive and hot tempered, as the record abundantly indicates. It is important to know, however, that in offenses punished by special laws, proof of malice or deliberate intent is not necessary. The offenses are mala prohibita," the decision reads.
The complainants said they would welcome if the respondent would appeal the case to the appellate court.
