A Mathematics teacher in Kabankalan City was sentenced yesterday to 60 days imprisonment after he was found guilty of three counts of unjust vexation against his three female students sometime in school year 1998, 1999 and 2000.

Kabankalan Regional Trial Court Judge Henry Arles yesterday meted Carlos Buenafe, 49, a former public school teacher of the Binicuil National High School in Kabankalan City 20 days for each count of unjust vexation for vexing or annoying his students, whose names were withheld by the DAILY STAR.

Sometime in school year 1998-1999, a 15-year-old complainant testified that she was taking a quiz in Mathematics inside their classroom when Buenafe approached her from the right side of her chair and taught her by holding a pen on the test paper she was writing, with his elbow touching her breast, court records said.

She said she tried to push Buenafe away but the later kept on putting his elbow on her chest.

In the same school year, another 15-year-old complainant testified that the accused approached her to represent their section in the celebration of the United Nations Day and told her to join the swimming competition and that he would be the one to dress her. She claimed Buenafe touched her breast while they were at the school library in November 1999. During her first year, Buenafe also touched her breast with his elbow, she said.

The third complainant, then 16, and a fourth year high school student of the same school testified she was taking an examination in mathematics with her classmates when Buenafe, who was their teacher, approached her and, while pointing at her test paper, rubbed his elbow on her breast in January 2000, court records said.

Buenafe, then 29, belied the accusations. He claimed that the students had just been persuaded by their teacher in-charge to file the complaints against him because he had quarrel with the latter.

He said he believes the case filed against him by the first complainant was due to the discontentment or dissatisfaction of the latter in the grades he gave her. He said the third complainant filed a complaint against him because of her deteriorating grades.

The Court found no reason to discredit the testimonies of the complainants since they were candid, categorical, spontaneous and straightforward. Buenafe's claim that the complainants were motivated by his having given them low grades could not be considered a sufficient motive for them to go through the tedious process of instituting the cases.

The denial of the accused, being in the nature of negative testimony and "self-serving", cannot be given credence, Arles said in his 12-page decision.

Buenafe, however, could not be held liable for violation of sec. 3 paragraph B of Republic Act 7877, or the Anti-sexual Harassment Act of 1995, or for acts of lasciviousness under Article 336 of the Revised Penal Code, as there is no evidence that the acts were committed with the use of force or intimidation or under the circumstance that the woman was deprived of reason or was unconscious, or was under 12 years old.*DMG

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