Republic of the Philippines
Department of Education
NATIONAL CAPITAL REGION
ARCELI O. ARBOZO, on behalf of her
Daughter YHARA A. RUBIO
Complainant,
ADM. CASE No. NCR-2020-QC-T-016
FOR: MISCONDUCT
-versus-
MARITES C. ESPINOSA
Respondent,
x------------------------------------------x
ANSWER
NOW COMES, Marites C. Espinosa, the RESPONDENT, in the above
entitled case, and most respectfully alleges:
1. Respondent admits the averment in paragraph 1,2 and 3 of the
complaint;
2. Respondent specifically denies the allegation in paragraph 4 of the
complaint, the truth being that I allowed Yhara to take the second
periodical exams even though she did not have excuse letter.
Respondent only asked her why she was absent and never uttered
those disrespectful words imputed to me by the Complainant.
3. Respondent has no knowledge or information to form a belief as to the
truth of the averment in paragraphs 5,6, and 7 of the complaint;
4. Respondent specifically denies the allegation in paragraph 8,9,10 and
11 of the complaint the truth being that Respondent have been
teaching for 22 years and never had a record of physical or verbal
abuse against anyone especially to my students.
5. That on January 10, 2019 theI left her class some seatwork so I could
also provide some activity for the other section whose teacher did not
report for work. When I got back to her own class, the students were
noisy and playing and found out that Yhara and some of her
classmates did not finish the seatwork she left for them to do. Without
intention of inflicting any physical pain, with a stick I gave a slight tap
to those who failed to do their seatwork. I did so as my students’
second parent whose role is not only impart to them knowledge but
also to make them be aware when they are misbehaving.
6. That there is no substantial evidence to prove that the Respondent hit
Yhara with a clear intent to violate the law or in flagrant disregard of
the established rule, as required for a finding of misconduct. The
Respondent was not motivated by bad faith or ill will because I acted
in the belief that, as a teacher, I was exercising authority over Yhara
in loco parentis, and was, accordingly, within my rights to discipline
my student.
7. That on January 11, 2019, as the my class was having a short exam on
Araling Panlipunan, I noticed Yhara was without a test paper and was
busy talking to her seatmate. I asked her to get a copy of the test paper
on my table and while Yhara was doing so her hand got caught by the
stick the I used to bend down the electric fan. I immediately
apologized to Yhara.
8. That the Respondent never admitted the act complained of and only
apologized to the Complainant to buy peace and make all the matter
go away.
WHEREFORE, it is respectfully prayed that the complaint be dismissed.
Other equitable reliefs are likewise prayed for.
Quezon City, Philippines, February 12, 2020.
MARITES C. ESPINOSA
Respondent
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in Quezon City personally appeared Marites
C. Espinosa with ___________ID No. _____________ issued on _____________
at _____________ , known to me and to me known to be the same persons who
executed the foregoing instrument which she acknowledged to me to be her free
and voluntary act and deed, consisting of only 2 pages, including this page in
which this Acknowledgement is written, duly signed by her,
WITNESS MY HAND AND SEAL this _____________ at Quezon City,
Philippines.
Doc. No. ___
Page No. ___
Book No.___
Series of _____