Mocking a person with disability is a crime

Dear PAO,

My nephew was born with microphthalmia, a congenital abnormality in which his left eye did not fully grow, leaving the other eye smaller. His classmates would often make fun of him at school. As a result, he would constantly cry every day after school. All of them are over the age of majority. We just want to know if we can file a case against his bullies. If so, what would be their penalty?

Aida

Dear Aida,

Please be informed of Section 2 of Republic Act 9442, otherwise known as “An Act Amending Republic Act No. 7277 or the “Magna Carta for Disabled Persons, and for Other Purposes,” which states:

“SEC. 2. Republic Act No. 7277 is hereby amended inserting a new title, chapter and section after Section 38 be denominated as title 4, chapters 1 and 2 and Sections 40, 41 and 42 to read as follows:

“‘Title Four

“‘Prohibitions on Verbal, Non-verbal Ridicule and Vilification Against Persons with Disability

“‘CHAPTER 1. Deliverance from Public Ridicule

‘”SEC. 39. Public Ridicule. – For purposes of this chapter, public ridicule shall be defined as an act of making fun or contemptuous imitating or making mockery of persons with disability whether in writing, or in words, or in action due to their impairment/s.

“‘SEC. 40. No individual, group or community shall execute any of these acts of ridicule against persons with disability in any time and place which could intimidate or result in loss of self-esteem of the latter.'”

Based on the above-stated law, public ridicule is an act that makes fun or a mockery of, or contemptuously imitates persons with disabilities because of their impairment, whether in writing, in words, or in action, such that it causes them embarrassment and lessens their self-worth. No individual, group, or community may perform such acts at any time or place.

Further, Section 3 of the same law provides for the penalties of any person who violates any provision of this Act, to wit:

“SEC. 3. Section 46 of Republic Act No. 7277 is hereby amended to read as follows:

“‘SEC. 46. Penal Clause. – (a) Any person who violates any provision of this Act shall suffer the following penalties:

“‘(1) For the first violation, a fine of not less than Fifty Thousand pesos (P50,000.00) but not exceeding One hundred thousand pesos (P100,000.00) or imprisonment of not less than six months but not more than two years, or both at the discretion of the court; and

“‘(2) For any subsequent violation, a fine of not less than One hundred thousand pesos (P100,000.00) but not exceeding Two hundred thousand pesos (P200,000.00) or imprisonment for not less than two years but not more than six years, or both at the discretion of the court.'”

Clearly, mocking a PWD on account of his or her disability constitutes a violation of the Magna Carta for Disabled Persons, which has a corresponding criminal penalty. Thus, the classmates of your nephew could face a criminal charge for making fun of him due to his physical condition.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Question for Chief Acosta may be sent to [email protected]