Alfred Vargas loses appeal in bullying case vs Rob Sy, to elevate complaint at DOJ

Alfred Vargas and his wide Yasmine have lose their appeal in the criminal complaint for child abuse that they filed against fellow actor Rob Sy and his wife after it was dismissed by the Office of the City Prosecutor of Manila.

In a statement posted on his social media platforms on Sunday, June 12, Vargas said they now plan to seek a reversal of the ruling before the Department of Justice, citing the “strong evidence” backing up their claims which the prosecutors allegedly ignored.

READ: Alfred Vargas, wife say evidence ‘ignored’ in dismissed complaint vs Rob Sy

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“It’s a sad day for our family, but we continue to hold our heads high,” he said. “Napakasakit para sa amin bilang mga magulang na mabalitaan na na-deny ang aming Motion for Reconsideration. Masakit dahil tila binalewala pa rin ang mga matitibay na ebidensyang inihain namin.”

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The complaint stemmed from claims of the Vargases that Sy’s eight-year-old son bullied their seven-year-old son during a swimming event in Manila. They then filed charges of violation of Section 10(a) of Republic Act No. 7610 against the Sy and his wife Juvelle.

Disregarded testimonies

In his new statement, the actor-politician reiterated that the prosecutors disregarded “clear, categorical, and positive testimonies” from multiple eyewitnesses as well as a psychiatric evaluation from St. Luke’s Medical Center diagnosing their 7-year-old son with Adjustment Disorder.

“Contrary to what the ruling claims, we did not rely on mere speculation. We presented clear, categorical, and positive testimonies from multiple independent eyewitnesses who personally saw how our 7-year-old son was clearly bullied and abused,” Vargas argued.

“We even submitted an official Psychiatric Evaluation Report from St. Luke’s Medical Center diagnosing our child with Adjustment Disorder, proving the severe trauma, anxiety, and deep fear he is carrying. Paano nilang nasabi na walang ebidensya?” he added.

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READ: Rob Sy insists his son is the real victim, takes a swipe at Alfred Vargas

Anti-bullying law vs child abuse law

Vargas maintained that prosecutors erred by treating the case as a school bullying matter under RA 10627, or the Anti-Bullying Act, instead of evaluating it under RA 7610, the Special Protection of Children Against Abuse, Exploitation and Discrimination Act, under which the complaint was filed.

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“Maling-mali na idahilan na dahil ‘single incident’ lang ito at walang napatunayang ‘criminal intent’ ang mga magulang ay idi-dismis na ang kaso. Under RA 7610, child abuse covers psychological and emotional maltreatment ‘whether habitual or not,’” the actor continued.

Vargas said his family would continue exhausting all available legal remedies, including elevating the matter to the DOJ.

“We will not back down. We will continue to fight for what is right and exhaust all available legal remedies, including elevating this matter to the Department of Justice. May tiwala pa rin kami sa ating justice system, at lalong-lalo na sa katotohanan ng aming ipinaglalaban. We will seek justice for our son until the very end,” the Quezon City councilor concluded the post.

The case stems from a complaint filed in April by Vargas and his wife against Sy and his partner, Juvelle Bacosa, for alleged violation of Section 10(a) of Republic Act No. 7610 over an alleged bullying incident involving their children during a swimming event.

‘No prima facie evidence’

In May, the Manila City Prosecutor’s Office dismissed the complaint after finding no prima facie evidence to support criminal charges against the respondents.

Following the dismissal, Vargas sought reconsideration, arguing that prosecutors applied the “wrong legal framework and failed to appreciate the evidence they had presented.”

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Sy, for his part, welcomed the dismissal and maintained that the allegations against his family were unfounded, insisting that their child was not a bully. /edv