The Law is Neither Trivial Nor Flimsy

By Atty. Eduardo T. Reyes III

There is much ado about the purported “bad words” uttered by one performer on stage during the recent Dinagyang Kasadyahan festivities. It was reported that the singer uttered “yudi*pta” in the midst of singing. And because of this, the Iloilo City Council is poised to summon the event organizer to answer for what is deemed as inappropriate language.

This expletive is the Hiligaynon version of “put*ng ina” in Tagalog. Yet in jurisprudence this swear word has been treated lightly as more of an “expression of anger or displeasure” and not really as one that is meant to defame another person. In Pader v. People, G.R. No. 139157, February 8, 2000, it was concluded that:

“In Reyes vs. People, we ruled that the expression “putang ina mo” is a common enough utterance in the dialect that is often employed, not really to slander but rather to express anger or displeasure. In fact, more often, it is just an expletive that punctuates one’s expression of profanity. We do not find it seriously insulting that after a previous incident involving his father, a drunk Rogelio Pader on seeing Atty. Escolango would utter words expressing anger. Obviously, the intention was to show his feelings of resentment and not necessarily to insult the latter. Being a candidate running for vice mayor, occasional gestures and words of disapproval or dislike of his person are not uncommon.”

Too, in Talocod v. People, G.R. No. 250671, January 31, 2020, it was held that the same expletive “put*ng ina” when directed on a child, does not even constitute as child abuse when done so “at the spur of the moment.” Thus:

“While the aforementioned cases pertain to the commission of child abuse by physical deeds, i.e., the laying of hands against a child, the same treatment has also been extended to the utterance of harsh words, invectives, or expletives against minors. In Escolano v. People, which involved facts similar to the instant case, the Court held that the mere shouting of invectives at a child, when carelessly done out of anger, frustration, or annoyance, does not constitute Child Abuse under Section 10 (a) of RA 7610, absent evidence that the utterance of such words were specifically intended to debase, degrade, or demean the victim’s intrinsic worth and dignity, to wit: x x x.”

Therefore, there seems to be no urgency nor primordial importance in devoting time in the session by the Iloilo City Council to deal with this trivial issue.

To really protect our minors, there are much better ordinances or local legislation that can be passed like those prohibiting them being loaded on E-trikes without seatbelts and on motorcycles when they cling to the driver (usually their parents) without regard to the children’s safety.

Indeed, the law is neither trivial nor flimsy.

(The author is the senior partner of ET Reyes III & Associates (ETRIIILaw)– a law firm based in Iloilo City. He is a litigation attorney, a law professor, MCLE lecturer, bar reviewer and a book author. Among the books he authored is Law on Property and Essentials of Land Registration [2024 Edition] which was on the bestseller’s list in online shops for several months. His website is etriiilaw.com).