Alfred Vargas appeals dismissal of child abuse complaint vs Rob Sy over alleged bullying incident
Alfred Vargas and his wife Yasmine have filed an appeal at the Manila Prosecutor's Office for reconsideration of its dismissal of the couple's criminal complaint against the parents of their child's alleged bully.
On Facebook, Vargas announced his and his wife's appeal regarding their case against Rob Sy and his partner Juvelle Bacosa. According to the Vargas couple's statement, the prosecutor's resolution "applied the wrong law and ignored substantial evidence."
The prosecutor supposedly defined bullying based on the Anti-Bullying Act of 2013, or Republic Act No. 10627, which addresses bullying in schools and educational institutions. Vargas, however, said their complaint was based on a different law: the Special Protection of Children Against Abuse, Exploitation, and Discrimination Act; more specifically, Section 10(a) of Republic Act No. 7610.
According to the Vargases, since the alleged bullying incident took place during a swimming competition at the Rizal Memorial Sports Complex and not within school premises, the Anti-Bullying Act of 2013 did not apply. By basing its dismissal on the wrong law, the Vargases said the Prosecutor limited the protection the law afforded their son. RA 7610 offered broader legal protections, the couple said.
"We respectfully believe that the resolution erred in adopting restrictive interpretation of the law and failed to fully appreciate the totality of the evidence on record," they continued.
Additionally, the couple alleged the prosecutor disregarded material evidence, which included eyewitness testimonies, reports, and professional psychiatric findings that reflected the emotional and psychological impact the supposed bullying incident had on their child.
In their appeal to the dismissal, the Vargases insisted their child "was subjected to acts of aggression, ridicule, humiliation, intimidation, and emotional maltreatment." They added, "These acts resulted in clinically documented psychological distress."
"These are precisely the kinds of acts and conditions that Republic Act No. 7610 seeks to prevent, particularly when they affect the dignity, emotional security, psychological well-being, and development of a child," the couple said.
They asked the prosecutor not to dismiss their child's own narration of the events, which, according to the couple, "demonstrate the seriousness of the harm alleged and underscore the need for responsible parental authority, supervision, and intervention."
Refuting claims that their complaint and appeal were motivated by publicity and retaliation, the Vargases insisted these were about "parents' accountability, child protection, and ensuring that the law works for the very individuals it was designed to protect."
Concluding their statement, the Vargas couple expressed their hope to be given the chance to continue to fight for the rights of their child, who, they alleged, has had to endure "continuous bullying."
Child abuse complaint
In mid-April, the Vargas couple filed a criminal complaint against Sy and his partner for violation of Section 10(a) of Republic Act No. 7610, or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act.
According to the Vargases, Sy's minor child allegedly pushed their son underwater while both children were undergoing swimming training. The incident supposedly "occurred several times" despite the Vargases urging the alleged bully's parents to manage their child's behavior.
Sy has denied the bullying claims and said the Vargas couple was twisting the narrative, adding, "Wala man po kaming yaman at impluwensiya, hawak naman po namin ang integridad at katotohanan na hindi nabibili ng posisyon."
On May 28, the Office of the City Prosecutor of Manila dismissed the Vargases' complaint against Sy and his partner, saying the allegations placed against the defendants were "merely based on speculation."
"Allegation is not in itself evidence," the resolution read, adding the Manila Prosecutor's Office did not find enough evidence to hold Sy and his partner criminally liable for child abuse.
Sy has yet to comment on the Vargas couple's appeal to the dismissal of the complaint as of writing.
