The security guard caught on video kicking and destroying the wares of a young sampaguita vendor may be liable for child abuse, depending on his intent, according to Supreme Court Associate Justice Jhosep Ylarder Lopez.
In an interview during Damdaming Bayan on Thursday, Lopez commented on the viral video, noting that the guard's actions could potentially be considered child abuse based on the circumstances.
"There was a portion in that video na medyo sinipa niya 'yung bata, medyo lumagpas siya roon," said Lopez.
However, Lopez also acknowledged the possibility that the security guard may have been acting in self-defense, as the child appeared to resist and was becoming aggressive. Despite this, Lopez stated that the guard should not have physically harmed the girl.
"It may, I am not saying it is child abuse. It may amount [to child abuse]. Sa hearing, both sides will be heard kung ano ang intensyon ng security guard," he added.
Lopez explained that the incident could qualify as child abuse if the guard intended to humiliate, degrade, or destroy the dignity and morale of the child. If such intent was absent, the case might not amount to child abuse.
"Kung wala naman siyang intent na ganoon, ang hangarin niya lang ay sabihin sa bata na 'umalis ka na diyan, hindi kayo puwede diyan,' or kung lalaban 'yung bata at iniiwasan niya lang na lalo pang lumaki 'yung gulo, baka ito'y not amount to child abuse," Lopez clarified.
The incident occurred in front of SM Megamall in Ortigas, Mandaluyong City, where the security guard was seen forcibly driving the girl away and prohibiting her from staying in the area.
In the viral video, the guard was shown destroying the sampaguita garlands being sold by the young girl, who was wearing a school uniform. The guard was also seen kicking the child.
The video further showed the girl expressing frustration and hitting the security guard with the damaged sampaguita garlands in retaliation.
In response to the incident, SM Megamall management released a statement condemning the guard’s actions and confirmed that he had been dismissed from his post.
"We have called the attention of the security agency to conduct an immediate and thorough investigation. The security guard has been dismissed and will no longer be allowed to service any of our malls," the statement read.
The Philippine National Police-Supervisory Office for Security and Investigation Agencies is also investigating the incident, which has sparked widespread condemnation online.
