Chapter Ix

CHAPTER IX
The Right Against Abuse

Children and women are, admittedly, weaker than men when it comes to physical strength. Because of this apparent physical inferiority, children and women are prone to abuse by men. Considered among the vulnerable members of our society, children and women need all the possible protection from and promotion by the State of their welfare. Clearly, this, the government is obliged to do in the exercise of its mandated role as parens patriae1 or father of the people. The government must ensure that children and women, considering their inherent inferiority, and hence their vulnerability, shall enjoy special protection and shall be given opportunities and facilities by law and other means to enable them to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity. t therefore cannot be gainsaid that !hilippine legislations and all other actions concerning children and women, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the children and women must be the paramount consideration. The best interest of the children and women, under all circumstances, are such conditions as are most congenial to its survival, protection and feelings of security and most encouraging of
1
Meaning parent or guardian of the country. The State as sovereign, as parens patriae, has the right to enforce all charities of a public nature, by virtue of its general superintending authority over the public interests, where no other person is entrusted with. Government of P.I. v. Monte de Piedad, 3 Phil. !"!.
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their physical, psychological and emotional development." n undertaking to reform the law in this particular area, the laws and rules that ignore this value must be discarded or modified.#
#ic$s, Stephen, %nited &ations e'pert on children(s rights. Ibid.

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n this chapter, we shall undertake to thoroughly discuss two of the most significant !hilippine legislations principally designed to promote the best interests of children and women and their application to ensure students$ %majority of which consist of children and women& right against abuse' (epublic )cts *+,- . and more recently, /"+".0 (.). *+,-, otherwise known as 1An Act Providing for the Protection Against Child Abuse, Exploitation and Discrimination invokes the principle of parens patrae to support State intervention and provides against child prostitution and other acts of sexual abuse, child trafficking, obscene publication, and other acts of neglect, abuse, cruelty or exploitation. t also provides protection for working children, children of cultural minorities, those caught in armed conflict, as well as remedial procedures to ease or lessen the effects of the damage inflicted on the victims. 2n the other hand, (.). /"+", otherwise known as Anti!"iolence Against #omen and Their Children Act of $%%& is 3egislators$ earnest effort to address violence committed against women and children in keeping with the fundamental freedoms guaranteed under the Constitution and provisions of the 4niversal declaration of 5uman (ights, the convention on the 6limination of )ll 7orms of 8iscrimination )gainst 9omen, Convention on the (ights of a Child and other international human rights instruments of which the !hilippines is a party.+ By definition, 1child abuse: refers to any form of cruelty to a child$s physical, moral or mental well'being*. n broad terms, child abuse is an act of omission or commission, causing intentional harm or avoidable endangerment to a child under the age of ,;. 7our %.& general categories of child abuse include sexual abuse, physical abuse, neglect, and emotional abuse. Sexual abuse is an act by an adult %or older child in position of power& to use a child for sexual gratification;, whereas physical abuse is described by 5orton and Cruise %"--,& as <an act of commission by a parent or caretaker, characteri=ed by the infliction of physical injury<. >eglect is defined as
4 5
)pproved *! +une *,,-. )pproved - .ebruary -//". 6 Section -, 0) ,-1-. 7 23lac$(s 4aw 5ictionary,6 7entennial 8dition, *,,*. 8 &unnelley 9 .ields, *,,:.
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an act of omission, with deficiencies in the obligation of a caretaker resulting in real or possible harm to the child /. 7inally, emotional abuse is verbal abuse or mental harm to the child, inflicted by harassment, threats, or terror, resulting in possible destruction of the child?s self'esteem,-. )s distinguished from the meaning of 1child abuse: as defined above, 1violence against women and their children: refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or a woman with whom the person has or had a dating or sexual relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of each acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.,, 5ence, the purpose of this Chapter is to inform and educate the students on these laws which were specially enacted to protect them from certain forms of abuse and violence that may possibly be committed against them as a child or a woman.
I. The Law on the Special Protection of Children Against Abuse E!ploitation and "iscri#ination
(epublic )ct >o. *+,-, otherwise known as the 1Special !rotection of Children )gainst )buse, 6xploitation and 8iscrimination )ct: provides that it shall be the 1State policy to provide special protection to children from all forms of abuse, neglect, cruelty, exploitation and discrimination and other conditions prejudicial to their development xxx: and to 1xxx provide sanctions for their commission and carry out a program for the prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination.:," )s a matter of fact, it need to be stressed herein that the State shall even intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of the
)$ande, -//*. &unnelley 9 .ields, *,,:. 11 Supreme 7ourt )dministrative Memorandum &o. /";*/;**;S7< 20ule on =iolence )gainst >omen and Their 7hildren,6 Section " ?a@. 12 0) !1*/, Section -.
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child fails or is unable to protect the child against abuse, exploitation and discrimination or when such acts against the child are committed by said parent, guardian, teacher or person having care and custody of the same.,# The law seeks to protect children because of their perceived helplessness and immaturity, which makes it difficult for them to understand fully the nature and conse@uences of their acts. The law also recogni=es that children are essential assets and future leaders of the nation. This being so, it is the duty of the state to give to children every opportunity for full and wholesome developments so that they may lead happy and useful lives. t is clear from the above that there is the legal duty on the part of the schools to protect their studentsApupils considered as 1children: from all forms of abuse, neglect, cruelty, exploitation and discrimination and other conditions prejudicial to their development.
"efinition of $Children% & $Child Abuse%

4nder the law, 1children: refer to persons below eighteen %,;& years of age or those over but are unable to fully take care of themselves from abuse, neglect, exploitation, and discrimination because of a physical or mental disability or condition.,. 1Child abuse: on the other hand, refers to the maltreatment, whether habitual or not, of the child which includes any of the followingB ,& !sychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatmentC "& )ny act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human beingC #& 4nreasonable deprivation of his basic needs for survival, such as food and shelterC or
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Ibid. Ibid., Section 3 ?a@.
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4) 7ailure to immediately give medical treatment to an injured

child resulting in serious impairment of his growth and development or in his permanent incapacity or death.,0
School Liabilit' for Child Abuse in Cases of "isciplinar' Sanctions

Based on the definition of the term 1child abuse,: a school administrator, teacher or any other school personnel who commits andAor uses forms of disciplinary sanctions andAor penalties on children for misconduct that are tantamount to psychological and physical abuse, cruelty and emotional maltreatment may not only be the subject of an administrative disciplinary action by the school authorities but may even be held criminally liable by virtue of (.). *+,-. 4nder the law, any person who shall commit any act of child abuse, cruelty or exploitation or be responsible for other conditions prejudicial to the child$s development including those covered by the )rticle 0/ of !residential 8ecree >o. +-#, as amended, but not covered by the (evised !enal Code, as amended, shall suffer the penalty of prision ma'or in its minimum period.,+ )rticle 0/ of !residential 8ecree >o. +-#, otherwise known as 1The Child and Douth 9elfare Code,: providesE
Criminal liabilit' shall attach to an' parent (ho) xxx xxx xxx *+, -nflicts cruel and unusual punishment upon the child or deliberatel' sub.ects him to indignations and other excessive chastisement that embarrass or humiliate him/ xxx xxx xxx Parents as here used shall include the guardian and the head of the institution or foster home (hich has custod' of the child/
t is therefore important to stress to teachers and other school academic personnel that although they have the authority to impose disciplinary sanctions for minor offenses committed by children'
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Ibid., Section 3 ?b@. Ibid., Section */ ?a@.
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student while in school %or even outside&, ,* the penalty or sanction should only be one that a good and reasonable father andAor mother will use on their own children. This limitation is implied by virtue of )rticle ",;,; of the 7amily Code that re@uires schools, its administrator and teachers to have exercise parental authority and responsibility over the minor child while under their supervision, instruction or custody. )nd in dealing with the discipline of the child in school, the teacher, as parent, shall therefore use disciplinary sanctionAs not to punish but to correct, not to force, but to motivateC and not to obey with rigid cadence, but to choose to follow the right way. )ny kind or means of penalty or sanction used which cannot be considered as among those a good father or mother would use on their own children would result to child abuse as defined and penali=ed by the law. Based on the above, it is submitted that there are two %"& general types of sanctions andAor penalties teachers andAor school administrators are prohibited to use on pupilsE ,. ". Those that are expressly prohibited by lawC and Those that a good father or mother would not be expected to use on their own children.
Sanctions&Penalties Prohibited (' Law

There are three %#& types of sanctions commonly applied by teachers that are now all prohibited by express provision of lawsB %i& Corporal !unishmentC %ii& )cademic Frade 8eduction or (eductionC and %iii& mposing 7ines or Charges.
(i) Corporal Punishment
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Section !", M0PS. )rticle -*: of the .amily 7ode statesA 2The school, its administrator and teachers, or the individual, entity or institutions engaged in child care shall have special parental authority and responsibility over the minor child under their supervision, instruction or custody. )uthority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution.6
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Corporal punishment is any act that inflicts pain or harm upon a child$s body as punishment for wrongdoing,,/ usually through a beating or spanking."- 9ith the widespread popularity in the past of whipping as form of punishment for transgressors, and as a means of deterring others from committing crime in adult life, it was only to be expected that the whip should rank as an admirable instrument for the correction of students.", Solomon$s dictumB 15e that spareth the rod hateth his soC but he who loves him chastises him betimes,: and his admonitionB 19ithhold not correction from the childC for, if thou beatest him with the rod, he shall not die. Thou shalt beat him with the rod, and shalt deliver his soul from hell,: and the maxim 1Spare the rod and spoil the child: was accepted and considered to constitute full and complete justification for flagellating children of both sexes right through the ages until comparatively recent timesEso recent, indeed, that within the memories of those of the present day who have reached middle age must be vivid recollections of the sting of the birch or the cane upon their own person or of its infliction upon friends and relatives."" 5ence, in the schools then, authorities have looked upon corporal punishment %particularly flogging& as a panacea for every breach of discipline, as the following comments in the Edinburgh Revie( %)pril ,;#-& indicateB
0or all offenses, x x x, (hether for insubordination in or out of school, for inabilit' to construe a lesson, or to sa' it b' heart, for being discovered out of bounds, for absence from chapel or school 1ever' bo', x x x (hatever his age, is punished b' flogging/ This operation is performed on the na2ed bac2, b' the head master himself, (ho is al(a's a gentleman of great abilities and ac3uirements, and sometimes of high dignit' in the church/
n the !hilippines, jurisprudence then also permitted to a certain degree, corporal punishment. n People vs/ 4aria R/ Padua$5 the Court of )ppeals laid down the principle that corporal punishment may be countenanced 1if no bodily harm is caused and the punishment inflicted is moderate, is not dictated by any bad motive, is such as is usual in the school and such as the parent of the child might expect that the child would receive if he did something wrong.: 3ikewise in
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Macha$ and Macha$, 2School )dministrator(s 8ncyclopedia,6 *,:- ed., p. */1. #awes and #awes, 2The 7oncise 5ictionary of 8ducation,6 *,:- ed., p. . 21 Scott, George 0., 2The #istory of 7orporal Punishment,6 *,1:, p. :/. 22 Ibid. 23 7);G.0. &o. 1-/3, /, Bctober *, -.
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the case of 4arcela 4/ 6aga.o vs/ 7on/ 8eronimo R/ 4arave, et al/ $& where a teacher was criminally charged and convicted for whipping a student with a bamboo stick, the Supreme Court reversed her conviction, statingE
x x x *(,hat appears is that petitioner acted as she did in the belief that as a teacher exercising authorit' over her pupil in loco parentis, she (as (ithin her rights to punish her moderatel' for the purpose of discipline/ #hether or not she exceeded that degree of moderation permitted b' the la( and rules governing the performance of her functions is not for 9:, at this moment and in this case, to determine/
These doctrines no longer apply. 7or, although corporal punishment was until the recent past widely accepted as a disciplinary measure, it can no longer be imposed upon the school children of today. )rticle "## of the 7amily Code provides thatE
-n no case shall the school administrators, teacher or individual engaged in child care and exercising special parental authorit', inflict corporal punishment upon the child/
n fact, in the 6aga.o case, the late Chief Gustice Claudio Teehankee stated in his dissent, thatE
-t cannot be contended then that teachers in the exercise of their authorit' in loco parentis ma' (ithout incurring criminal liabilit' inflict moderate punishment/ The po(er to inflict moderate punishment on children is vested b' Article 51; of the <e( Civil Code exclusivel' in the parents/ The teacher might be entitled to the appreciation of mitigating circumstances in her favor such as having acted (ith obfuscation, but in the face of the express provision of the la( she ma' not be absolved of the proven charge/
Clearly, corporal punishment by the school personnelAteachers on students being prohibited may be considered as a form of 1x x x psychological and physical abuse x x x cruelty %or& emotional treatment: punishable by (.). *+,-.
(ii) Academic Grade Deduction or Reduction

24
:1 S70) 3:,.
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Section */ of the Hanual of (egulations for !rivate Schools"0 provides in no uncertain terms thatE
Basis for Grading. The final grade or rating given to a pupil or student in a sub.ect should be based solel' on his scholastic performance/ An' addition or diminution to the grade in a sub.ect for co!curricular activities, attendance, or misconduct shall not be allo(ed, except as ma' other(ise be explicitl' provided for b' an individual school in an appropriate issuance or publication, and provided further that such ad.ustments are relevant to the sub.ect content and re3uirements/ -n the elementar' level, the misconduct of a pupil ma' affect his class or final grade in Character Education/
This provision clearly stresses one of the most important guarantees to students ' that teachers shall not make deductions in scholastics ratings for acts that are clearly not manifestations of poor scholarship."+ n an article entitled 1The 3aw Foverning the (elationship Between Teachers and Students,:"* the basic duty of the teacher with regard to the giving of grades to students was clearly explained, to wit E
9nder the Philippine education s'stem, *schools, x x x, (hether private, government, or state!o(ned, have the inherent po(er to impose the standards of scholastic achievement for its students and to eliminate an'one (ho fails to meet the desired norm/ :tandards of scholastic achievement, as set b' x x x school rules, policies and regulations, ma2e it incumbent upon ever' student to exert his utmost in his education in ever' (a' possible, or to avail himself of the opportunities in his curriculum x x x programs to prepare himself better to(ards the fulfillment of his duties and responsibilities to himself and to societ'/ The la( imposes upon the child, in his capacit' as a pupil or student, the responsibilit' to exert his utmost for his education and training/ The teacher or professor is the most important figure in maintaining academic discipline/ The la( en.oins teachers and professors to see to it that their students= duties are complied (ith/ :tandards of scholastic set b' schools re3uire students to be in good standing in school, and the status of good standing is measured in terms of grades/ x x x The academic grade should be based upon actual proficienc' demonstrated and not upon conduct
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587S Brder &o. ,-, series of *,,-. Section *1? @, 8ducation )ct of *,:-, 3atas Pambansa -3-. 27 Published in the Philippine 4aw +ournal issue of * +uly *,,*.
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of attendance/ x x x -n other (ords, x x x the class grades and final grades given to a student in an approved course should in all cases be those (hich he deserves for the (or2 he has done and the abilit' he has sho(n in a particular sub.ect or course/ <o additions should be made to the regular class or final grades of credit for (or2 done in connection (ith other activities, for attendance or for conduct/
5ence, the grade given to a student in an approved course should in all cases correspond to his performance therein. "; >o additions to the regular class, final grades or credits should be made due to the student$s work in other activities, or for attendance, or for conduct. "/ Conversely, neither can a teacher reduce a student$s grade due to his misconduct#- or absences. 5owever, there are instances when the grade is not determined solely by academic performance, to witB
1) ) student may be given a failing mark if he incurs absences of

more than "-I of the prescribed number of class or laboratory periods for the school year.#, 5is failure here is due to academic deficiency caused by his absences. "& )n addition to or reduction from the grade for involvement in co'curricular activities, attendance, or misconduct may be allowed when the following conditions are presentB a& t is allowed by the school administration. 5ence, teachers who intend to adopt said practice or policy in the computation of the final gradesArates of their students must first seek authori=ation from the school administrationC
b& The school explicitly provides for the same in an appropriate issuance or publication to make it known to the students who may be directly affected. Thus, a verbal announcement is not sufficient compliance with this conditionC and
MartineC, 7agliostro M. and Sales, Maria 4ourdes )., 2The 4aw Governing the 0elationship 3etween Teachers and Students,6 Philippine 4aw +ournal, *, +uly *,,*, p. "",D ",". 29 Ibid. 30 3olmeier, 4egality of Student 5isciplinary Practices, pp. *" ;*"1. 31 Section !3, Manual as amended by 587S Brder &o. 3 , s. *,,3.
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c& The adjustment is relevant to the subject content and re@uirements. #& n the elementary level, the misconduct of a pupil may affect his class or final grade in Character 6ducation, since it is directly related to the subject matter. The H(!S does not re@uire the previous consent of the administration and the publication of such a policy for the information of the school community for a teacher to reduce the grade in these cases. based upon attendance and interest rather than proficiency. The !6 mark, however, shall not be included in the academic average.#" Teachers who make unauthori=ed addition or deductions from the final grade may be guilty of child abuse committed by degrading or demeaning the intrinsic worth of the child as a student and pupil for giving a grade that is not truly reflective of hisAher academic performance. 7urthermore, said teacher may even be liable for damages based on )rticle ,/ of the >ew Civil Code, which statesE
Ever' person must, in the exercise of his rights and in the performance of his duties, act (ith .ustice, give ever'one his due, and observe honest' and good faith/
.& n elementary and high school, the final grade in !6 shall be
9hile it is true that the teacher is merely performing his duty, it would constitute an abuse of discretion on his part to give his students more or less than what are due. t therefore could no longer be gainsaid, that it is not a matter of discretion on the part of the teachers in the giving of the students$ grades, but rather it is a clear obligation for them %the teachers& to determine student academic marks solely based on scholastic performance. 7or a teacher to do otherwise, %that is, to give a grade not based on the students$ scholastic performance&, would undoubtedly be tantamount to serious academic malpractice or grave misconduct in the performance of hisAher duties. n >ose 6/ ?edesma vs/ CA, :ps/ Pacifico Delmo and :andra Delmo,## a college student who was supposed to graduate magna cum laude was not allowed to do so because she lent money to members of an organi=ation which petitioner %as school president&
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)dministrative Instruction &o. *:, s. *,3/. *1/ S70) "",.
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3edesma claimed violated school rules. 2n this basis, 3edesma disputed her @ualifications and prevented her from graduating with the appropriate honors. The Supreme Court held 3edesma liable for moral and exemplary damages, statingE
-t cannot be disputed that *student, "ioleta Delmo (ent through a painful ordeal (hich (as brought about b' the petitioners= neglect of dut' and callousness/ Thus, moral damages are but proper/ As (e have affirmed b' the case of Prudenciado vs/ Alliance Transport :'stem, -nc/, *1&+ :CRA &&% &&+, There is no argument that moral damages include ph'sical suffering, mental anguish, fright, serious anxiet', besmirched reputation, (ounded feelings, moral shoc2, social humiliation, and similar in.ur'/ Though incapable of pecuniar' computation, moral damages ma' be recovered if the' are the proximate result of defendant=s (rongful act or omission/
)lthough the ruling involved a state college, it applies by analogy to private schools. 5ence, the same predicament awaits any teacher or school administrator who denies a student the honor heAshe is due. n the case of #ilfredo T/ Padilla vs/ <?RC and :an 6eda College,5& where a teacher approached a co'teacher in behalf of an alleged 1nephew,: whom the latter failed in 5istory , and to change the grade to a passing one, the Supreme Court held that the pressure and influence exerted by the petitioner on his colleague 1 x x x constitute%s& serious misconduct, which is a valid ground for dismissing an employee.: n this case the teacher was terminated for merel' influencing a co'teacher to change a grade and to give one that was not based on scholastic performance. 5ence, if such indirect act of merely influencing is considered by the 5igh Court as grave misconduct, what more, for the direct act of giving a grade without any scholastic basis.
(iii) Imposing Fines or Charges

() ."-+, as amended by () .*"0 and () 00.+, provides thatE
The sale of tic2ets and@or collection of contributions in an' form (hatsoever, b' an' person for an' pro.ect or purpose, (hether voluntar' or other(ise, from school children, students and teachers of public and private schools, colleges and universities, is hereb' prohibited) Provided, ho(ever, That this prohibition shall
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-!3 S70) " !.
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not cover membership fees of school children and students in the Red Cross, the 8irl :couts of the Philippines and the 6o' :couts of the Philippines) Provided, finall', That this prohibition shall not cover the contributions of parents and other donors for the support of the barrio high schools/
7urthermore, Section / %/& of the 6ducation )ct of ,/;" %B! Blg. "#"& provides that the students shall have a right to be free from involuntary contributions except those approved by their own organi=ations or societies. The afore@uoted provision clearly allows the collection of contributions only for students$ membership fees in the (ed Cross, the Firl Scouts and the Boy Scouts, and for the support of barrio high schools. 5owever, it must be mentioned that subse@uent laws have allowed the collection of other contributions.#0 n the recent case of Anita A/ :alavarria vs/ ?etran College, et al.,#+ petitioner )nita D. Salavarria was employed by respondent Colegio de San Guan de 3etran as a teacher in its 5igh School 8epartment. Sometime in the second semester of school year ,//-' ,//,, the second year students of her (eligion classes re@uested her if they could initiate a special project in lieu of the submission of the re@uired term papers. The students explained that the project consisted in collecting contributions from each of them, which amount shall be used to purchase religious articles such as bibles, chalice, crucifix and similar items to be distributed among the several churches in Hetro Hanila and nearby rural areas. 7urthermore, they claimed that in doing so, it would involve them in charity work in connection with the lesson on 13ove of Fod and >eighbor: and that such activity would entail a much lesser expense than the completion of the term papers. )fter continuous proddings, petitioner was finally prevailed upon to accede to their proposal. 6ven before the project could be executed, however, petitioner received a memorandum dated Ganuary "/, ,//, from )ssistant
35 )rt. !:, P5 1/3D Sec. 3?c@, 0epublic )ct &o. 11 D Sec. , 0epublic )ct &o. !/!, and see comments on Section ,,, M0PS and Sections */3 9 * of the T=8T Manual. 36 -,1 S70) *:".
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!rincipal 6rlinda ). )rguelles, directing her to explain why she should not be disciplined for violation of a school policy against illegal collections from students. n reply, she denied initiating the project, arguing that it was her students who proposed the said undertaking, so, she could not have transgressed any school policy. n spite of her written explanation, another memorandum dated 7ebruary ,, ,//, was issued re@uiring her to attend a dialogue with the 5igh School Council, which proceedings were conveyed to co'respondent 7r. (ogelio B. )larcon, as (ector and !resident of 3etran College, for a final determination of the case. nstead of ruling on the matter, 7r. )larcon deferred his decision thereon and instead created an )d 5oc Committee that would further look into the matter. 2n September #-, ,//,, petitioner was found guilty of the offense charged and conse@uently terminated from the service. The Supreme Court in upholding the dismissal of the petitioner valid, saidE
Petitioner contended that her dismissal (as arbitraril' carried out, having been effected (ithout .ust cause, on the premise that the solicitation of funds necessar' to purchase the religious articles (as initiated b' the students and that her participation therein (as merel' limited to approving the same/ -n support of this claim, petitioner relied principall' on a letter (ritten b' one of her students, Redentor :alonga, (ho attested to the veracit' of the formers= assertion, maintaining that he (as responsible, not onl' for the collection of the contributions, but for the canvass of the price of the religious items as (ell/ 4oreover, petitioner pleaded that she never misappropriated the mone' collected and (hatever (as left of it, after initial purchases (ere made, (ere immediatel' returned to the student!leaders for proper reimbursement to the students concerned/ The evidence proffered, though cogent, do not (arrant a reversal of the assailed decision/ -f there is one person more 2no(ledgeable of respondent=s polic' against illegal exactions from students, it (ould be petitioner :alavarria/ The records sho( that she had been meted out a t(o! (ee2 suspension in 1B++ for having solicited contributions (ithout the re3uisite school approval (ith a final (arning that commission of a similar offense shall (arrant the imposition of a more severe penalt'/ 7ence, regardless of (ho initiated the collections, the fact that the same (as approved or indorsed b' petitioner, made her in effect the author of the pro.ect/ xxx xxx xxx #ell!entrenched in our .urisprudence is the dictum that (hen emplo'ers issue rules and regulations operative in a (or2place are deemed part of the contract of emplo'ment binding upon the
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emplo'ees (ho enter the service, on the assumption that the' are 2no(ledgeable of such rules/ Thus, in the event of a violation, an emplo'ee ma' be validl' terminated from his emplo'ment on the ground that an emplo'er can not rationall' be expected to retain the emplo'ment of a person (hose lac2 of morals, respect and lo'alt' to his emplo'er, regard for his emplo'er=s rules and application of the dignit' and responsibilit', has so plainl' and completel' been bared/ -n the instant case, petitioner=s infraction of a school polic' (arrants her dismissal/ 7aving been administrativel' penaliCed for a similar offense in 1B++, petitioner should have been more circumspect in her actuations of such nature/ -t hardl' needs reminding that, in vie( of their position and responsibilit', those in the teaching profession must demonstrate a scrupulous regard for rules and policies as befits those (ho (ould be role models for their 'oung charges/ x x x
)ther Pertinent Penal Pro*isions of the Law

2ther provisions of the law that ostensibly appear not to be related in a way with school matters involving the students or pupils, teachers or school administrators but may nevertheless find their application in some %hopefully very rare& student cases of abuse or violenceE
On Child Prostitution and Other e!ual A"use

Section 0 of the law providesE
#Child Prostitution and Other e!ual A"use. 1 Children, (hether male or female, (ho for mone', profit, or an' other consideration or due to the coercion or influence of an' adult, s'ndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse/ The penalt' of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the follo(ing) *a, Those (ho engage in or promote, facilitate or induce child prostitution (hich include, but are not limited to, the follo(ing) *1, Acting as a procurer of a child prostituteD *$, -nducing a person to be a client of a child prostitute b' means of (ritten or oral advertisements or other similar meansD *5, Ta2ing advantage of influence or relationship to procure a child as prostituteD *&, Threatening or using violence to(ards a child to engage him as a prostituteD or
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*E, 8iving monetar' consideration goods or other pecuniar' benefit to a child (ith intent to engage such child in prostitution/ *b, Those (ho commit the act of sexual intercourse of lascivious conduct (ith a child exploited in prostitution or sub.ect to other sexual abuseD Provided, That (hen the victims is under t(elve *1$, 'ears of age, the perpetrators shall be prosecuted under Article 55E, paragraph 5, for rape and Article 55; of Act <o/ 5+1E, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case ma' be) Provided, That the penalt' for lascivious conduct (hen the victim is under t(elve *1$, 'ears of age shall be reclusion temporal in its medium periodD and *c, Those (ho derive profit or advantage therefrom, (hether as manager or o(ner of the establishment (here the prostitution ta2es place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a cover or (hich engages in prostitution in addition to the activit' for (hich the license has been issued to said establishment/
The Supreme Court applied (.). *+,- in the case of People of the Philippines vs/ Ernesto ?arin ' 6ondad$% and granted the victim the full vindication and protection that (.). *+,- accords to the helpless sector of society. Based on the records of the said case, on )pril ,*, ,//+, at around .B-- o?clock in the afternoon, after a practice swim at the university pool in Baker?s 5all, 4.!. 3os BaJos, Kprivate complainantL proceeded to the bath house to shower and dress up. 4nknown to her, accused, who is a public employee of the 4.!. 3os BaJos and trainorAswimming instructor of private complainant, followed and then instructed her to remove the towel wrapped around her. Still clad in her swimsuit then, accused again ordered her to undress to allow him to shave her pubic hair which he allegedly noticed was showing. )ccused then went outside while she undressed and wrapped a towel around her body. 9hen the accused came back, he asked her to sit down while he took a s@uatting position in front of her holding on to a shaving instrumentC but instead of shaving her pubic hair as he committed to do, accused performed the act of cunnilingus. She backed away saying <>andidiri ako< but accused kept on saying <5uwag mong lagyan ng malisya<. )ccused then asked her to stand up and told her to simply pretend that he was her boyfriend and thereupon accused removed the right cap of her brassiere and licked her right breast while touching her vagina at the same time. She was then told to lie down but she sat down instead and again accused performed the act of cunnilingus on her as she
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G.0. &o. *-:!!!, /! Bctober *,,:.
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repeatedly said <>andidiri ako<. )ccused then told her to stand up as he pulled down his shorts and forced her to hold and s@uee=e his penis saying <if your boyfriend will do this, just tell him, ?huwag mo itong ipapasok sa katawan ko<?. Thereafter, accused left after instructing her to shave her pubic hair. The next day, she went to see the accused to return a book and there she told him that she was confused, bothered and terribly upset with what happened and accused replied <)ko rin. 5indi ako nakatulog kagabi at para mawala ang kaba mo, halik ang kailangan,< and forced her to kiss him on the right cheek and on the lips. 2n the night after the incident, she experienced a nightmare about rape and she then decided to @uit swimming. She told her mother about her decision as she narrated what the accused actually did to her. She was then brought to 8r. >ectarina (abor'7elli=ar and thereafter in the company of her parents, went to the >ational Bureau of nvestigation where she filed her complaint. 8uring the trial, accused denied committing the alleged acts. 5e alleged that on the day in @uestion, there were around seven %*& people in the pool and that private complainant was not alone as she was with a classmate until 0B.0 p.m. when they dressed up. 9hen the classmate left, the accused even accompanied private complainant to the boarding area in the company of two %"& other girls and a security guard. The trial court found the testimony of the private complainant worthy of full faith and credence. t reasoned that, unless motivated by a genuine desire to seek justice, a young girl like her will not fabricate a story, undergo medical examination, appear in court and announce to the whole world that she was sexually abused. The trial court also found that the defense failed to prove ill motive on the part of the private complainant and to overcome the evidence adduced by the prosecution n support of his appeal, accused alleged that the lower court erred in finding him guilty of violation of Sec. 0 %b& of (.). *+,-. The Supreme Court held thatE
1The elements of the offense penaliCed under :ection E, Article --- of R/A/ F;1% are as follo(s)
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1/ $/ 5/
The accused commits the act of sexual intercourse or lascivious conduct/ The said act is performed (ith a child exploited in prostitution or sub.ected to other sexual abuse/ The child, (hether male or female, is belo( 1+ 'ears of age/
A child is deemed exploited in prostitution or sub.ected to other sexual abuse, (hen the child indulges in sexual intercourse or lascivious conduct *a, for mone', profit, or an' other considerationD or *b, under the coercion or influence of an' adult, s'ndicate or group/ 9nder RA F;1%, children are Gpersons belo( eighteen 'ears of age or those unable to full' ta2e care of themselves or protect themselves from abuse, neglect, cruelt', exploitation or discrimination because of their age or mental disabilit' or condition/G -t must be noted that the la( covers not onl' a situation in (hich a child is abused for profit, but also one in (hich a child, through coercion or intimidation, engages in an' lascivious conduct/ 7ence, the foregoing provision penaliCes not onl' child prostitution, the essence of (hich is profit, but also other forms of sexual abuse of children/ This is clear from the deliberations of the :enate) G enator Angara) - refer to line B, H(ho for mone' or profitH/ - (ould li2e to amend this, 4r/ President, to cover a situation (here the minor ma' have been coerced or intimidated into this lascivious conduct, not necessaril' for mone' or profit, so that (e can cover those situations and not leave loophole in this section/ The proposal - have is something li2e this) #7I 0IR 4I<EA, PRI0-T, IR A<A IT7ER CI<:-DERAT-I< IR D9E TI T7E CIERC-I< IR -<0?9E<CE I0 A<A AD9?T, :A<D-CATE IR 8RI9P -<D9?8E, et cetera/ &he President Pro &empore) - see/ That (ould mean also changing the subtitle of :ection &/ #ill it no longer be child prostitutionJ enator Angara) <o, no/ <ot necessaril', 4r/ President, because (e are still tal2ing of the child (ho is being misused for sexual purposes either for mone' or for consideration/ #hat - am tr'ing to cover is the other consideration/ 6ecause, here, it is limited onl' to the child being abused or misused for sexual purposes, onl' for mone' or profit/ - am contending, 4r/ President, that there ma' be situations (here the child ma' not have been used for profit or / / / &he President Pro &empore)
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:o, it is no longer prostitution/ 6ecause the essence of prostitution is profit/ enator Angara) #ell, the 8entlemen is right/ 4a'be the heading ought to be expanded/ 6ut, still, the President (ill agree that that is a form or manner of child abuse/ &he President Pro &empore) #hat does the :ponsor sa'J #ill the 8entleman 2indl' restate the amendmentJ A<8ARA A4E<D4E<T enator Angara) The ne( section (ill read something li2e this, 4r/ President) 4-<IR:, #7ET7ER 4A?E IR 0E4A?E, #7I 0IR 4I<EA, PRI0-T, IR A<A IT7ER CI<:-DERAT-I< IR -<0?9E<CE I0 A<A AD9?T, :A<D-CATE IR 8RI9P -<D9?8E -< :EK9A? -<TERCI9R:E, et cetera/ enator 'ina) -t is accepted, 4r/ President/ &he President Pro &empore) -s there an' ob.ectionJ amendment is approved/ tooJ enator Angara) Aes, 4r/ President, to cover the expanded scope/ &he President Pro &empore) -s that not (hat (e (ould call probable Hchild abuseHJ enator Angara) Aes, 4r/ President/ &he President Pro &empore) :ub.ect to re(ording/ -s there an' ob.ectionJ L:ilenceM 7earing none, the amendment is approved/ x x x/ The defense argues that there is no proof or allegation that complainant indulged in lascivious conduct (ith the accused! appellant for mone', profit or an' other considerationD or Gthat she (as Hcoerced or influencedH b' accused!appellant Hto indulge in lascivious conduct/H The argument is untenable/ That accused!appellant sexuall' abused Carla ?enore Calumpang, in violation of RA F;1%, (as dul' alleged in the -nformation and proven during the trial/ L:ilenceM 7earing none, the
7o( about the title, GChild ProstitutionG, shall (e change that
231
The -nformation clearl' states) Gx x x LTMhe above!named accused, x x x b' ta2ing advantage of his authorit', influence and moral ascendanc' as trainor@s(imming instructor of minor CAR?A ?E<IRE CA?94PA<8, and through moral compulsion, did then and there, (illfull', unla(full' and feloniousl', commit lascivious conduct against the person of said minor Carla ?enore Calumpang b' shaving her pubic hair, performing the le(d act of cunnilingus on her, lic2ing her breasts, forcing her to hold and s3ueeCe his penisD and forcibl' 2issing her on the chee2s and lips x x x/G *Emphasis supplied/, :ection 5$, Article K--- of the -mplementing Rules and Regulations of RA F;1%, $F defines lascivious conduct as follo(s) GLTMhe intentional touching, either directl' or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttoc2s, or the introduction of an' ob.ect into the genitalia, anus or mouth, of an' person, (hether of the same or opposite sex, (ith an intent to abuse, humiliate, harass, degrade, or arouse or gratif' the sexual desire of an' person, bestialit', masturbation, lascivious exhibition of the genitals or pubic area of a person/G -n this case, accused!appellant shaved the pubic hair of the victim, performed cunnilingus on her, lic2ed her breast, touched her genitalia, and forced her to hold his sexual organ/ These actions cannot be brushed aside as innocentD rather, the' manifest sexual perversit' and le(d intentions/ ?arin (as the s(imming instructor or trainor of Carla, a mere child/ The Court finds no .ustification for ?arinHs conduct/
On the Attempt to Commit Child Prostitution

Section + statesE
#Attempt &o Commit Child Prostitution. 1 There is an attempt to commit child prostitution under :ection E, paragraph *a, hereof (hen an' person (ho, not being a relative of a child, is found alone (ith the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle or an' other hidden or secluded area under circumstances (hich (ould lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse/ There is also an attempt to commit child prostitution, under paragraph *b, of :ection E hereof (hen an' person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments/ A penalt' lo(er b' t(o *$, degrees than that prescribed for the consummated felon' under :ection E hereof shall be imposed upon the principals of the attempt to commit the crime of child prostitution under this Act, or, in the proper case, under the Revised Penal Code/
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!rior to the passage of (.). *+,-, child prostitution is punished under )rticle #.- of the (evised !enal Code on Corruption of Hinors. t provides a penalty of prision ma'or for any person who shall promote or facilitate the prostitution or corruption of persons under age to satisfy the lust of another. The law does not specify any gender hence, male and female are covered. ) mere proposal consummates the offense.#; !ersons who make a business out of prostitution are guilty of 9hite Slave Trade penali=ed under )rticle #., of the (evised !enal Code. This time, the law is specific and punishes, among others, the enlistment of the services of women for the purpose of prostitution. The crime carries with it the penalty of prision correctional in its medium and maximum period. The (evised !enal Code, likewise, penali=es the prostitutes themselves who are defined as women who habitually indulge in sexual intercourse or lascivious conduct for money or profit. Children, then, who were lured to prostitution by circumstances not of their own making, were considered as criminals.#/ 5owever, this no longer holds true. 7or if the prostitute is below eighteen years of age, sheAhe shall now be exempt from the crime of prostitution under Section "-" of the (evised !enal Code..(eali=ing the need to look into the psychosocial make'up of the child prostitutes and to deter the activity of child prostitution, (.). *+,- broadened the scope of child prostitution and provided stiffer penalties. The law now defines child prostitution as any activity whereby children, whether male or female, indulge in sexual intercourse or lascivious conduct for profit or any other consideration due to coercion or influence of any adult. The law does not penali=e those involved in child prostitution and it did not categorically exempt the child prostitutes from being prosecuted under the (evised !enal
7andelaria, 2The 7onvention on the 0ights of the 7hild and the Philippine 4egal System,6 *,,!, p. !!. 39 Ibid. 40 Section :, 0.). ,3"" otherwise $nown as 2The +uvenile +ustice and >elfare )ct of -//1.6
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Code.., But as stated above, the child prostitute under (epublic )ct /#.. can no longer be held criminally liable for said prostitution.."
On Child &raffic(ing and Attempt to Commit Child &raffic(ing

Section * and ; of () *+,-, provideE
ec. %. Child &raffic(ing. 1 An' person (ho shall engage in trading and dealing (ith children including, but not limited to, the act of bu'ing and selling of a child for mone', or for an' other consideration, or barter, shall suffer the penalt' of reclusion temporal to reclusion perpetua/ The penalt' shall be imposed in its maximum period (hen the victim is under t(elve *1$, 'ears of age/ ec. ). Attempt to Commit Child &raffic(ing. 1 There is an attempt to commit child traffic2ing under :ection F of this Act) *a, #hen a child travels alone to a foreign countr' (ithout valid reason therefor and (ithout clearance issued b' the Department of :ocial #elfare and Development or (ritten permit or .ustification from the childHs parents or legal guardianD *b, #hen a person, agenc', establishment or child!caring institution recruits (omen or couples to bear children for the purpose of child traffic2ingD or *c, #hen a doctor, hospital or clinic official or emplo'ee, nurse, mid(ife, local civil registrar or an' other person simulates birth for the purpose of child traffic2ingD or *d, #hen a person engages in the act of finding children among lo(!income families, hospitals, clinics, nurseries, da'!care centers, or other child!during institutions (ho can be offered for the purpose of child traffic2ing/ A penalt' lo(er t(o *$, degrees than that prescribed for the consummated felon' under :ection F hereof shall be imposed upon the principals of the attempt to commit child traffic2ing under this Act/
7andelaria, 2The 7onvention on the 0ights of the 7hild and the Philippine 4egal System,6 *,,!, p. !!. 42 Section : of 0.). ,3"" providesA 2Bffenses &ot )pplicable to 7hildren. E Persons below eighteen ?*:@ years of age shall be e'empt from prosecution for the crime of vagrancy and prostitution under Section -/- of the 0evised Penal 7ode, of mendicancy under Presidential 5ecree &o. * 13, and sniffing of rugby under Presidential 5ecree &o. *1*,, such prosecution being inconsistent with the %nited &ations 7onvention on the 0ights of the 7hild< Provided, that said persons shall undergo appropriate counseling and treatment program.6
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Child trafficking is trading or dealing in children, and includes the act of buying or selling a child. .# By this definition, school personnelAteachers who give up their students or the students who give up their classmate to another, whether a member of the said institution or a stranger, in exchange for a sum or any consideration, as well as the person who pays for the child, are guilty of child trafficking.
On O"scene Pu"lications and Indecent ho*s

Section / statesE
ec. +. O"scene Pu"lications and Indecent ho*s. 1 An' person (ho shall hire, emplo', use, persuade, induce or coerce a child to perform in obscene exhibitions and indecent sho(s, (hether live or in video, or model in obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the penalt' of prision ma'or in its medium period/ -f the child used as a performer, sub.ect or seller@distributor is belo( t(elve *1$, 'ears of age, the penalt' shall be imposed in its maximum period/ An' ascendant, guardian, or person entrusted in an' capacit' (ith the care of a child (ho shall cause and@or allo( such child to be emplo'ed or to participate in an obscene pla', scene, act, movie or sho( or in an' other acts covered b' this section shall suffer the penalt' of prision ma'or in its medium period/
Child !ornography refers to the use, exhibition and depiction of children as mere objects of obscenity, immorality and indecency in live shows, movies, television, newspapers, maga=ines and other forms of media... Haterial is pornographic or obscene if the average person, applying contemporary standards, would find that the work taken as a whole, appeals to the prurient interest and if it depicts in a patently offensive way sexual conduct and if the work taken as a whole lacks serious literary, artistic, political or scientific value..0
Pangalangan, 24oo$ing after .ilipino 7hildren< ) 7ompendium of Philippine 4aws and International 5eclarations, 7onventions and 7ovenants,6 *,,:, p. *-/. 44 7andelaria, 2The 7onvention on the 0ights of the 7hild and the Philippine 4egal System,6 *,,!, p. !!. 45 23lac$(s 4aw 5ictionary,6 7entennial 8dition, *,,*.
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Others Acts of ,eglect- A"use- Cruelt. or /!ploitation

Section ,- statesE
ec. 01. Other Acts of ,eglect- A"use- Cruelt. or /!ploitation and Other Conditions Pre2udicial to the Child3s De4elopment. 5 *a, xxx *b, An' person (ho shall 2eep or have in his compan' a minor, t(elve *1$, 'ears or under or (ho in ten *1%, 'ears or more his .unior in an' public or private place, hotel, motel, beer .oint, discothe3ue, cabaret, pension house, sauna or massage parlor, beach and@or other tourist resort or similar places shall suffer the penalt' of prision ma'or in its maximum period and a fine of not less than 0ift' thousand pesos *PE%,%%%,) Provided, That this provision shall not appl' to an' person (ho is related (ithin the fourth degree of consanguinit' or affinit' or an' bond recogniCed b' la(, local custom and tradition or acts in the performance of a social, moral or legal dut'/ *c, An' person (ho shall induce, deliver or offer a minor to an' one prohibited b' this Act to 2eep or have in his compan' a minor as provided in the preceding paragraph shall suffer the penalt' of prision ma'or in its medium period and a fine of not less than 0ort' thousand pesos *P&%,%%%,D Provided, ho(ever, That should the perpetrator be an ascendant, stepparent or guardian of the minor, the penalt' to be imposed shall be prision ma'or in its maximum period, a fine of not less than 0ift' thousand pesos *PE%,%%%,, and the loss of parental authorit' over the minor/ *d, An' person, o(ner, manager or one entrusted (ith the operation of an' public or private place of accommodation, (hether for occupanc', food, drin2 or other(ise, including residential places, (ho allo(s an' person to ta2e along (ith him to such place or places an' minor herein described shall be imposed a penalt' of prision ma'or in its medium period and a fine of not less than 0ift' thousand pesos *PE%,%%%,, and the loss of the license to operate such a place or establishment/ *e, An' person (ho shall use, coerce, force or intimidate a street child or an' other child to) *1, 6eg or use begging as a means of livingD *$, Act as conduit or middlemen in drug traffic2ing or pushingD or *5, Conduct an' illegal activities, shall suffer the penalt' of prision correccional in its medium period to reclusion perpetua/
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t is significant to point out herein that the above provision may hold any adult or person of age criminally liable for just keeping or having in hisAher company 1x x x a minor, twelve %,"& years or under or who is ten %,-& years or more his junior in any public or private place, hotel, motel, beer joint, discothe@ue, cabaret, pension house, sauna or massage parlor, beach andAor other tourist resort or similar places x x x.: This clearly provides that an adult, who may well be a teacher, a school administrator or any person in charge with the special parental authority and responsibility of students who is found to be keeping or in the company of a pupil twelve %,"& years or under or is ten %,-& years or more hisAher junior in any of those places enumerated may be prosecuted and found guilty of the crime. 9hether or not the adult %i.e., the teacher, school administrator, etc.& actually committed any overt act of child abuse is irrelevant because the law penali=es himAher already for just keeping or having in hisAher company a child in said places where, by common knowledge or experience, persons indulge in some illicit or immoral sexual pleasure. The law therefore creates a presumption that the adult intended or have actually committed sexual abuse against the child heAshe is found with in said places.
Aggra4ation of the Degree of Crime Committes

7or purposes of this )ct, the penalty for the commission of acts punishable under )rticles ".;, "./, "+", paragraph ", and "+#, paragraph , of )ct >o. #;,0, as amended, the (evised !enal Code, for the crimes of murder, homicide, other intentional mutilation, and serious physical injuries, respectively, shall be reclusion perpetua when the victim is under twelve %,"& years of age. The penalty for the commission of acts punishable under )rticle ##*, ##/, #.- and #., of )ct >o. #;,0, as amended, the (evised !enal Code, for the crimes of @ualified seduction, acts of lasciviousness with the consent of the offended party, corruption of minors, and white slave trade, respectively, shall be one %,& degree higher than that imposed by law when the victim is under twelve %,"& years age. The victim of the acts committed under this section shall be entrusted to the care of the 8epartment of Social 9elfare and 8evelopment.
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"ut' of the School to Report Cases of Child Abuse

>otwithstanding the passage of *+,-, incidence of child abuse has not really been effectively abated. 2ne of the principal reasons is failure of persons concerned to actually report cases of alleged child abuse. Schools, exercising parental authority and responsibility must be obliged to report to the proper authorities any cases of child abuse against any of their students that may be brought to their attention. )rticle ,++ of !residential 8ecree >o. +-#, otherwise known as the Child and Douth 9elfare Code, provides thatE
Report of maltreated or abused child/ All hospitals, clinic and other institutions xxx shall (ithin fort'!eight hours from 2no(ledge of the case, report in (riting to the cit' or provincial fiscal or to the ?ocal Council for the Protection of Children or to the nearest unit of the Department of :ocial #elfare, an' case of a maltreated or abused child xxx/ "iolation of this provision shall sub.ect xxx institution xxx (ho fails to ma2e such report to a fine xxx/
The (ules and (egulations on the (eporting and nvestigation of Child )buse cases issued by the 8epartment of Social 9elfare and 8evelopment mandatesE
ection $. Reporting. A person (ho learns of facts or circumstances that give rise to the belief that a child has suffered abuse ma' report the same, either orall' or in (riting, to the D:#D, to the police or other la( enforcement agenc' or to a 6aranga' Council for the protection of children/
7urthermore, schools may actually initiate a formal complaint on cases of unlawful acts committed against children considering that )rticle M , Section "* authori=es representatives of licensed child' caring institution or 1at least three %#& concerned responsible citi=ens where the violation occurred.: t cannot be gainsaid that the school administratorsAteachers are responsible persons for the welfare of the student'children enrolled in their school by virtue of the parental authority and responsibility as mandated by the 7amily Code.
II. The Anti+,iolence Against -o#en and Their Children Act of .//0
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(epublic )ct >o. /"+" is more particularly known as 1The )nti' Niolence )gainst 9omen and Their Children )ct of "--..: By way of introduction, this law was enacted to acknowledge the existence of the concept of a 1battered woman.: The 1Battered 9oman Syndrome %B9S&,:which was discussed thoroughly in the case of People vs/ 4arivic 8enosa,.+ is a 1scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.:.* Considering that it is the declared policy of the State to value the dignity of women and children and to guarantee full respect for human rights, (.). /"+" was enacted in order to provide for a special law which would penali=e as a public offense the act of violence against women and their children. 5ence, even though there is an affidavit of desistance filed by the alleged victim, a judge cannot just dismiss the case on that basis because, at most, only the civil liability will be extinguished by such desistance but not the criminal liability. n 9/:/ v/ ?eaNo, et al/&+ the Court ruled that a public criminal action which has for its object the prosecution and punishment of the offender is not extinguished by any compromise as to the civil liability, for the reason that it is to the social and public interest that every crime should be punished, and even where the offended party has expressly waived indemnification, it is the duty of the public prosecutor to bring the criminal proceedings for the punishment of the guilty. Section # of (.). /"+" defines violence against (omen and their children as 1any act or series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child, whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.: 4nder the above definition, the following are the persons covered by the mantle of protection by the lawB
46 47
G.0. &o. *3 ,:*, +anuary * , -//". 0) ,-1-, Section 3 ?c@. 48 1 Phil. 31:.
239
%a& ) womanE i. ii. iii. The wife of the offenderC 5is former wifeC 2ne with whom the offender has had a dating or sexual relationship. ) Odating relationship$ means living together as husband and wife without benefit of marriage, or romantic involvement with each other over time and on a continuing basis. OSexual relation$ on the other hand refers to a single sexual act whether or not resulting in a common child. 2ne with whom the offender has a common child. 9hether legitimate or illegitimateC
iv. i.
%b& ) child of any woman mentioned aboveE ii. 9hether living in the family abode or not. t must be noted that if the child is the offender$s own and not that of the woman, he %the offender& should be prosecuted under the provisions of (.). *+,-, the law punishing child abuse, but cannot be prosecuted under this law../ These women and their children are protected against four %.& classes of acts, namelyB %,& physical violenceC %"& sexual violenceC %#& psychological violenceC and %.& economic abuse. %,& <!hysical Niolence< refers to acts that include bodily or physical harmC %"& <Sexual violence< refers to an act which is sexual in nature, committed against a woman or her child. t includes, but is not limited toB a& rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim?s body, forcing herAhim to watch
)Fuino, 0anhilio 7allangan< 2The 4egal Protection of =ulnerable Sectors< ) Guide to 0) ,-/:, 2The )nti;Traffic$ing in Persons )ct6 and 0) ,-1-, 2The =iolence )gainst >omen and their 7hildren )ct6 and Implementing 0ules and 0egulations6 -// edition, p.*3*.
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obscene publications and indecent shows or forcing the woman or her child to do indecent acts andAor make films thereof, forcing the wife and mistressAlover to live in the conjugal home or sleep together in the same room with the abuserC b& acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercionC c& !rostituting the woman or child. %#& <!sychological violence< refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and marital infidelity. t includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody andAor visitation of common children. %.& <6conomic abuse< refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to the followingB
a) withdrawal of financial support or preventing the victim

from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouseApartner objects on valid, serious and moral grounds as defined in )rticle *# of the 7amily CodeC
b) deprivation or threat of deprivation of financial resources

and the right to the use and enjoyment of the conjugal, community or property owned in commonC
c) destroying household propertyC d) controlling the victims? own money or properties or solely
controlling the conjugal money or properties. Horeover, Section 0 of (.). /"+" provides for an enumeration of the acts of which the accused may be charged. The crime of violence
241
against women and their children is committed through any of the following actsB %a& Causing physical harm to the woman or her childC %b& Threatening to cause the woman or her child physical harmC %c& )ttempting to cause the woman or her child physical harmC %d& !lacing the woman or her child in fear of imminent physical harmC %e& )ttempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman?s or her child?s freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman?s or her child?s movement or conductB ,& Threatening to deprive or actually depriving the woman or her child of custody to herAhis family "& 8epriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman?s children insufficient financial supportC #& 8epriving or threatening to deprive the woman or her child of a legal rightC .& !reventing the woman from engaging in any legitimate profession, occupation, business or activity or controlling the victim?s own money or properties, or solely controlling the conjugal or common money, or propertiesC %f& nflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisionsC %g& Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through
242
intimidation directed against the woman or her child or herAhis immediate familyC %h& 6ngaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following actsB ,& Stalking or following the woman or her child in public or private placesC "& !eering in the window or lingering outside the residence of the woman or her childC #& 6ntering or remaining in the dwelling or on the property of the woman or her child against herAhis willC .& 8estroying the property and personal belongings or inflicting harm to animals or pets of the woman or her childC and 0& 6ngaging in any form of harassment or violenceC %i& Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children or access to the woman?s childAchildren. To be more specific, a matrix 0- of the acts of which the accused may be chargedB
Categor' Ph'sical har# Predicate acts ,. Causing physical harm to the woman or her child. KSec. 0, aL )*ert act1s2 against the offended part' a. Boxing b. Frabbed, pushed, shoved to the floor or to the ground c. 8ragged d. Picked e. !unched f. Slapped g. 9restled h. Beat i. Burned
50
Ibid., pp.*3 ;*"/.
243
j. !oisoned k. (an over l. Shot m. Stabbed n. Strangled o. Threw against the car, door, wall, down the stairs, etc. p. Threw at @. njuries resulting from sexual assaultB %,& rapeC %"& oral sexC %#& anal sexC and %.& other degrading and injurious forms of sexual congress Kcf. 1Checklist for Clerk of Court:L ". Threatening to cause the woman or her child physical harm. K:ec/ E, bL #. )ttempting to cause the woman or child physical harm. K:ec/ E, cL .. !lacing the woman or her child in fear of imminent physical harm. K:ec/ E, dL <ote) the issue of fact to be resolved is (hether or not the accused said or did an'thing that (ould have put a reasonable person in fear of imminent ph'sical harm IR (hether the accused said or did an'thing that, given the emotional or ps'chological disposition of the victim deliberatel' put in her or her child in fear of imminent ph'sical harm/ a. Sexual harassment b. )cts of lasciviousness c. Treating a woman or her child as a sex object d. Haking demeaning and sexually suggestive remarks e. !hysically attacking the sexual parts of the victim$s body f. 7orcing herAhim to watch obscene publications and indecent shows g. 7orcing the woman or her child to do indecent acts andAor make
Se!ual *iolence
Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape by force, threat of force, physical harm, or through intimidation directed against the woman, her child, or the woman$s or child$s immediate family.
244
KSec. 0, gL
films thereof h. 7orcing the wife and mistressAlover to live in the conjugal home or sleep together in the same room with the abuse i. Causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or coercionC j. !rostituting the woman or the child. )cts committed for the purpose of controlling or restricting the woman$s or child$s movement or conduct. ,. Threatening to deprive or actually depriving the woman or her child of custody to herAhis family. ". 8epriving or threatening to deprive the woman or her children of financial support legally due her or her family or deliberately providing the woman$s children insufficient financial support.
Ps'chological *iolence
,. )ttempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to engage in. ". )ttempting to restrict or restricting the woman$s or her child$s freedom of movement or conduct by force or threat of force, physical or other harm, or intimidation directed against the woman or child. KSec. 0, eL #. nflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions. KSec. 0, fL .. 6ngaging in purposeful, knowing or reckless conduct, personally or through another that alarms or causes substantial emotional or psychological distress
#. 8epriving or threatening to deprive the woman or her child of a legal right.
.. !reventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim$s own money or properties, or solely controlling the conjugal or common money or properties. K:ec/ E, e/ 1 to &L.
245
to the woman or her child. KSec. 0, hL 6xamplesB Threatened or attempted suicide or self' mutilation for the !4(!2S6 of controlling behavior. ,. Stalking, or following the woman or her child in public or private places. ". !eering in the window or lingering outside the residence of the woman or her child. #. 6ntering or remaining in the dwelling or on the property of the woman or her child against herAhis willC .. 8estroying the property and personal belongings or inflicting harm to animals or pets of the woman or her childC 0. 6ngaging in any form of harassment or violence. K:ec/ E, h, 1 to EL 0. Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child. 0. (epeated verbal and emotional abuse. a. Belittling, berating, cursing and insulting the victimC b. Calling the victim vile or indecent names in the presence of othersC c. )vowing loss of affection and desire to be rid of the offended partyC d. 8enying any relation to the offended partyC e. )nnoyed and molested the offended !arty. K1Chec2list for Cler2 of Court, RuleMC
+. 8enying woman custody minor children or access to woman$s child children. KSec. 0, tL
the of the or
246
Econo#ic abuse
8enial of financial support. KSec. 0, tL
a. Cutting of all financial allowances to the offender partyC b. Sei=ing and withholding possession of the offender party. L Chec2list for Cler2 of Court, RuleL
n the school setting, the provisions of (.). /"+" are significant in cases where a teacher and a student maintain a romantic or sexual relationship. t should be noted that the relationship between teacher and student is central to the academic mission of the school. Consensual relations between teacher and student can adversely affect the academic enterprise. 5ence, no non'academic or personal ties should be allowed to interfere with the integrity of the teacher' student relationship. There are special problems in any romantic or sexual relationship between individuals where one party possesses direct academic, evaluative, counseling, or extracurricular authority over the other party. Such positions include, but are not limited to, teacher and student or assistant, mentor and trainee, advisor and advisee, teaching assistant and student, coach and athlete, and the individuals who supervise the day'to'day student living environment and student residents. ) uni@ue problem occurs when a consensual relationship takes place between a teacher and a student and the student is enrolled in one of the teacher?s courses, or when the student is likely to be enrolled in such course in the future. Such relationships are of fundamental concern because of the ethical and administrative problems they can pose. Because of the potential for conflict of interest, exploitation, favoritism, harassment and bias, such relationships may undermine the real or perceived integrity of the supervision and evaluation provided, and the trust inherent particularly in the teacher'student context. There are numerous ways in which a consensual romantic or sexual relationship can create problems within the school community. 7or exampleB
9hat seems to be consensual to the party in the position of authority may well be unwelcome or coercive from the perspective of the other party. 9here a party has the ability to grade, advance, promote, recommend, or otherwise influence the employment or academic status of another, that person
247
may fear that refusal will result in loss of academic benefit. They may even consent to the relationship even though it is in fact unwelcome.
There is also a serious risk that either party may exploit the other. The more senior person may be interested in the other person solely for sexual or romantic reasons, but the other person may construe that attention to be due to intellect and academic interest. There is also the risk that the person with less authority might seek out a relationship solely because of a desire to obtain some academic benefit from the relationship. The circumstances may change, and conduct that was previously welcome may become unwelcome. !rior consent does not remove grounds for a charge based upon subse@uent unwelcome conduct. The relationship can cause problems for both parties and harm the academic environment in the school. There is the appearance, and often the reality, of a conflict of interest on the part of both parties to the relationship. Third parties may believe that the person in authority favors the other person because of the relationship, thus creating an atmosphere of suspicion and resentment among others who think that person is obtaining undeserved benefits.
n view of the foregoing, teachers and other school personnel should avoid entering into or maintaining any romantic or sexual relationships with students over whom they exercise any academic, evaluative, counseling or extracurricular authority or influence. Similarly, no school employee should exercise any academic, evaluative, counseling or extracurricular authority over any student or employee with whom the said employee had previously been involved in a romantic or sexual relationship. Teaching professionals in particular are under a special obligation to preserve the integrity of their relationships with students, and therefore are expected to maintain at all times the highest level of professionalism with students, whether or not any real or perceived authority over the student exists.
-ho 3a' 4ile the Co#plaint5
248
t is interesting to note herein that a complaint for violation of this law may be filed by )>D C T Q6> having personal knowledge of the circumstances involving the commission of the crime. 0, This is because the characteri=ation of violence against women and their children as a 1public offense: does not limit the filing of the complaint by the victim only. )s a matter of fact, the victim cannot also terminate a criminal action against the accused by mere affidavit of desistance similar to what may be done in withdrawing a complaint already filed for any of the private crimes defined and penali=ed by the (evised !enal Code %exampleB rape&. ) school personnel therefore who ac@uires personal knowledge of circumstances involving the commission of violence against any child or woman student may bring the action in the courts of law aside from the possible administrative disciplinary charge that may be instituted against the offender if he is likewise a student or a school employee.
The Petition for Protection )rder

2ne of the several significant features of this law is the O!rotection 2rder$ one of the several actions that may be brought against the offender. )side from the usual criminal, civil, or administrative actions that may be instituted, the complainant may petition for the issuance of the said Oprotection order$.0" )nd the said petition for protection order may be filed ahead of a criminal action arising from the same act that is defined and penali=ed by this law. 0# 6ven when a criminal case is therefore filed, the petition for protection order is heard and decided separately, and is resolved on the basis of preponderance of evidence only.0.
6hat is a #Protection Order78

)s defined by the law, a 1protection order: is an order issued either by a barangay official or by a court for the purpose of preventing further acts of violence against a woman or her child. 00
51 52
Section - , 0) ,-1-. Section 1, 0ule on =iolence )gainst >omen and 7hildren, ).M. /";*/;**;S7. 53 Ibid to .ootnote "!, p.*33. 54 Ibid. 55 Section :, 0) ,-1-.
249
Niolation of the order constitutes a crime that is likewise punishable by the same law. )side from preventing further acts of violence it also aims at minimi=ing any disruption in the daily life of woman and child and to facilitate the opportunity and ability to regain control of their lives.0+ The following may apply for protection orderB

The offended party !arents or guardians of the offended party )scendants, descendants or collateral relative within the fourth civil degree of consanguinity or affinity 2fficers or social workers of the 8S98 or social workers of local government units !olice officers !unong Barangay or Barangay Pagawad 3awyer, counselor, therapist or healthcare provider of the petitioner )t least two %"& concerned, responsible citi=ens of the place where the violence against women and their children occurred and who have personal knowledge of the offense committed0*
7rom the above, whatever the relationship of the party who files the complaint with the victim, if at least two %"& concerned, responsible citi=ens file, the re@uirement is complied with. 0; The precept on the liberal construction of the rules should be applied in determining whether or not the party who filed had the right to do so under the law.0/ 5ence, when, for example, the victim confides to a priest, a teacher or school administrator the assaults against her and the priest, teacher, or school administrator in turn files a complaint in her behalf, the latter should be deemed a party authori=ed by law to file the complaint and petition for protection order as a 1counselor:.+There are three %#& kinds of protection orderE
56 57
Ibid to .ootnote /, Section ", ?o@. Section ,, 0ule on =iolence )gainst >omen and 7hildren, ).M. /";*/;**;S7. 58 Ibid to .ootnote "!, p.*"3. 59 Ibid. 60 Ibid.
250
a. ) 6aranga' Protection Irder that is issued by the !unong

Barangay or, in his absence, any Barangay Pagawad. t is effective for fifteen %,0& days and is directed against acts of physical harm or the threat to cause physical harm to woman or child.+,
b. ) Temporar' Protection Irder that is issued by the court after

ex parte determination that such order should be issued. t is effective for thirty %#-& days and is directed at all acts constituting violence against women and their children. +" t may also be issued motu proprio or on motion in the course of the hearing.+#
c. ) Permanent Protection Irder is an order issued by the court

after notice and hearing, and may remain in place even after ac@uittal of the accused.+. The petition for either a Temporary !rotection 2rder or the !ermanent !rotection 2rder must be filed with a 7amily Court of the place where the offended party residesC in the absence of this, then with the (egional Trial Court or the 7irst 3evel Trial Court with territorial jurisdiction over the place of residence of the offended party.+0 RRR
61 62
Section *", 0) ,-1-. Section* , 0) ,-1-. 63 Ibid to .ootnote /, Section 3-, 33 and 3". 64 Section *1, 0) ,-1-. 65 Section */, Ibid.

Chapter Ix - Abuse-4

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The Right Against Abuse

#ic$s, Stephen, %nited &ations e'pert on children(s rights. Ibid.

The Right Against Abuse

The Right Against Abuse

The Right Against Abuse

"efinition of $Children% & $Child Abuse%

Ibid. Ibid., Section 3 ?a@.

The Right Against Abuse

4) 7ailure to immediately give medical treatment to an injured

School Liabilit' for Child Abuse in Cases of "isciplinar' Sanctions

Ibid., Section 3 ?b@. Ibid., Section */ ?a@.

The Right Against Abuse

Sanctions&Penalties Prohibited (' Law

(i) Corporal Punishment

The Right Against Abuse

The Right Against Abuse

(ii) Academic Grade Deduction or Reduction

The Right Against Abuse

The Right Against Abuse

1) ) student may be given a failing mark if he incurs absences of

The Right Against Abuse

.& n elementary and high school, the final grade in !6 shall be

)dministrative Instruction &o. *:, s. *,3/. *1/ S70) "",.

The Right Against Abuse

(iii) Imposing Fines or Charges

-!3 S70) " !.

The Right Against Abuse

The Right Against Abuse

The Right Against Abuse

)ther Pertinent Penal Pro*isions of the Law

On Child Prostitution and Other e!ual A"use

The Right Against Abuse

G.0. &o. *-:!!!, /! Bctober *,,:.

The Right Against Abuse

The Right Against Abuse

The Right Against Abuse

7o( about the title, GChild ProstitutionG, shall (e change that

The Right Against Abuse

On the Attempt to Commit Child Prostitution

The Right Against Abuse

The Right Against Abuse

On Child &raffic(ing and Attempt to Commit Child &raffic(ing

The Right Against Abuse

On O"scene Pu"lications and Indecent ho*s

The Right Against Abuse

Others Acts of ,eglect- A"use- Cruelt. or /!ploitation

The Right Against Abuse

Aggra4ation of the Degree of Crime Committes

The Right Against Abuse

"ut' of the School to Report Cases of Child Abuse

The Right Against Abuse

The Right Against Abuse

The Right Against Abuse

a) withdrawal of financial support or preventing the victim

b) deprivation or threat of deprivation of financial resources

The Right Against Abuse

The Right Against Abuse

Ibid., pp.*3 ;*"/.

The Right Against Abuse

The Right Against Abuse

#. 8epriving or threatening to deprive the woman or her child of a legal right.

The Right Against Abuse

)dministrative Instruction &o. :, s. ,3/. *1/ S70) "",.

G.0. &o. -:!!!, /! Bctober ,,:.

Ibid., pp.3 ;"/.