Dear Attorney,
I hope you can help me with my concern. A person insulted my child, telling them that they were "embarrassing" themselves due to a mistake in grammar. The comment was degrading and made in public. Is there a legal action that I can take? Can this be considered verbal abuse or any other offense under Philippine law?
Thank you for your guidance.
- Concerned Parent
Insights
Verbal abuse in the Philippines is a form of psychological abuse, often falling under the category of emotional abuse, and it may be addressed by existing laws, including those relating to defamation or violations of the rights of individuals. The Philippine legal system recognizes that a person’s dignity and reputation should be protected from harm, including emotional distress caused by hurtful or degrading language.
Defamation in the Philippines
Under the Revised Penal Code of the Philippines, defamation can either be classified as libel (written) or slander (oral). Slander is the utterance of defamatory statements in a public setting that may damage another person's reputation. In this case, calling someone "embarrassing" or making them feel inferior due to a simple mistake could potentially be seen as slander, depending on the context and how damaging the statement is perceived.
Slander or oral defamation is punishable by arresto mayor or a fine under Article 358 of the Revised Penal Code. The penalty varies depending on whether the offense is considered simple or grave oral defamation. Grave oral defamation involves insulting or abusive language that causes serious harm to the victim's dignity.
Republic Act No. 7610 - Protection of Children Against Abuse
For cases involving children, Republic Act No. 7610, also known as the "Special Protection of Children Against Abuse, Exploitation and Discrimination Act," provides protection against psychological abuse. Verbal abuse may qualify as a form of psychological abuse under this law if the offensive statements caused significant emotional harm to the child. If the offensive remark is made in a way that could damage the mental and emotional well-being of a child, the parent may seek protection and legal recourse under this act.
Psychological Abuse under Republic Act No. 9262
Republic Act No. 9262 or the "Anti-Violence Against Women and Their Children Act of 2004" (VAWC) also protects women and their children from emotional or psychological abuse. If a person’s actions, including words, cause emotional suffering or distress to a child, a parent may file a complaint under this law. VAWC includes psychological violence such as threats, intimidation, or any conduct that results in emotional damage.
Conclusion
Based on Philippine law, public insults or remarks that harm another person's dignity, especially a child’s, may be subject to legal action. If the statement is considered defamatory or constitutes psychological abuse, you may explore legal remedies either under the Revised Penal Code or child protection laws such as RA 7610 and RA 9262. Consulting a lawyer is essential to determine the most appropriate legal path to take, considering the specific circumstances of your case.