By:

ULPIANO P. SARMIENTO III

(Specifically on Education)

xxx
Section 13. The State x x x shall promote and
protect (the childs) physical, moral, spiritual,
intellectual, and social well-being. x x x.

Section 1. The State shall protect and

promote the right of all citizens to quality
education at all levels x x x.

xxx
Section 3. The State shall defend
1) x x x
2) The right of children to assistance, including
proper care and nutrition, and special
protection from all forms of neglect, abuse,
cruelty, exploitation, and
other conditions prejudicial to
their development;
xxx

Article XIV, Section 3 (2)

(All educational institutions) shall inculcate
patriotism and nationalism, foster love of
humanity, respect for human rights, x x x teach the
rights and duties of citizenship, strengthen ethical
and spiritual values, develop moral character and
personal discipline, x x x.

Student discipline is VITAL, not merely to

the smooth and efficient operation of the
school, but to its very survival
HENCE
Schools do NOT have a RIGHT to
discipline BUT a DUTY/OBLIGATION to
discipline students

former connotes
discretion, the latter
does NOT

Who must discipline student? Who

are DUTY BOUND to exercise
discipline over Students?
Answer:

All school
personnelAcademic or
Non-AcademicAll
personnel therefore have
the duty to:

a) Teach discipline;
b) Prevent intended misconduct from
being committed;
c) Report to authorities students
misconduct.

A teacher shall maintain at all times a

dignified personality which could serve as
model worthy of emulation by learners, peers,
and others.
(Code of Ethics, Article XI, Section 3)

Joseph Santos vs. NLRC, Hagonoy Institute, Inc.

As teacher, (one) serves as an example to his/her pupils
xxx.
Consequently xxx teachers must adhere to the exacting
standards of morality and decency. xxx A teacher both in his
official and personal conduct must display exemplary
behavior.
He must freely and willingly
accept restrictions on his conduct
that might be viewed irksome xxx
the personal behavior of teachers,
IN AND OUTSIDE THE
CLASSROOM, must be beyond
reproach xxx they must observe a
high standard of integrity and
honesty.

Extent of School Authority to

Discipline
How far does the schools authority
to maintain school discipline among its
community members, particularly its
students, extend?

Answer:
It is undisputed that the school can
discipline its community members within
the school campus during class hours.
Whether that authority applies even
outside of the school premises and class
hours, the Supreme Court said--

x x x It is the better view that there are

instances when the school might be called
upon to exercise its power over its students x x
x for acts committed outside the school and
beyond school hours in the following:
a) In cases of violations of school policies or
regulations occurring in connection with a
school-sponsored activity off-campus;
b) In case where the misconduct
of the student involves his
status as a student or affects
the good name or reputation of
the school.

Therefore when students misbehave

outside the campus and the misconduct
complained of directly affects the
offenders status as a suitable member of
that community, there is no reason why
schools may not impose disciplinary
sanctions on him.

A. As a PARENT: Principal Duty to Exercise

Parental Authority and Responsibility

Article 218, Family

Code provides The school, its administrators
and teachers xxx engaged in
child care shall have special
parental authority and
responsibility over the minor child
while under their supervision,
instruction or custody.

Code of Ethics states

A teacher shall recognize that

the interest and welfare of learners
are his first and foremost concern,
and shall handle each learner justly
and impartially.
(Article VII, Section 2)

Right Against Abuse

Legal definition of CHILDREN/CHILD

refers to persons below eighteen (18) years of
age or those over but are unable to fully take
care of themselves from abuse, neglect,
cruelty, exploitation or discrimination because
of a physical or mental disability or condition


is

maltreatment, whether habitual or

NOT, of child which includes any of
the following:
1) Psychological and physical
abuse, neglect, cruelty, sexual
abuse and emotional
maltreatment;

2)

Any act by deeds or words which

debases, degrades or demeans the
intrinsic worth and dignity of child as a
human being;

3)

Unreasonable deprivation of his basic

needs for survival, such as food and
shelter; or

4) Failure to immediately give medical

treatment to an injured child
resulting in serious impairment of
his growth and development or his
permanent incapacity or death.

1.

For disciplinary sanctions/

penalties if such sanctions are
psychologically and physically
abusive, cruel or considered as
emotional maltreatment

Answer: One that a good/responsible father or

mother will never use on their own child or those
that are prohibited by law

Reason: Special Parental

Authority/ Responsibility
required of schools by
Article 218 of Family Code

Example of punishment prohibited

by law:

CORPORAL
PUNISHMENT

Corporal Punishment
(Article 233, 2nd par.)

In no case x x x inflict corporal

punishment upon the child.

Definition: An act that inflict pain or harm upon

a childs body as punishment for wrong
doing usually through beating and spanking

Elements:
(a) physical contact
(b) to inflict pain

Corporal Punishment refers to a kind of

punishment or penalty imposed xxx which is
carried out or inflicted for the purpose of
discpiline xxx.

1.

Blows such as xxx beating, kicking, hitting,

slapping, or lashing, of any part of a childs
body, with or without the use of an
instrument such as xxx a cane, broom, stick,
whip or belt;

2. Striking of a childs face or head, such

being declared as no contact zone;
3. Pulling hair, shaking, twisting joints,
cutting or piercing skin, dragging,
pushing or throwing of a child;

4. Forcing a child to perform physically

painful or damaging act, such as xxx
holding weights for an extended period,
and kneeling on stones, salt, pebbles, or
other objects;
5. Deprivation of a childs physical needs as a
form of punishment;

6. Deliberate exposure to fire, ice, water,

smoke, sunlight, rain, pepper, alcohol, or
forcing the child to swallow substances xxx;
7. Tying up a child;
8. Confinement, imprisonment or depriving the
liberty of a child;

9.

Verbal
abuse or
assaults, including
intimidation or threat of bodily harm,
swearing or cursing, ridiculing or denigrating
the child;

10. Forcing a child to wear a sign, to undress

xxx, to put on anything that will make a child
look or feel foolish, which belittles or
humiliates the child in front of others;

11.

Permanent confiscation of personal

property of pupils xxx except when
such pieces of property pose a danger
to the child or others;

12. Other analogous acts.

(a) Any person who commits any

other acts of child abuse, x x x shall
suffer the penalty of prision mayor in
its minimum period.

- refers to programs, services, procedures and

structure that are intended to prevent and
respond to abuse, neglect, exploitation,
discrimination and violence.

a. Ensure the institution of effective

child
protection
policies
and
procedure.

c. Ensure that all pupils, students xx school

personnel, parents, guardians xx and
visitors and guests are made aware of
child protection policy.

e.

Conduct the capacity building activities for

the members of the CPC and Guidance
Counselors/ Teachers

f.

Conduct
disciplinary
proceedings in case of
offense committed by
pupils or learners.

h. Maintain a record of all proceedings

related to bullying or peer abuse.

j. Ensure that the school adopts a

student Code of Conduct.

l. Coordinate with the appropriate

offices and other agency

n. Ensure that all incidents of abuse are

addressed in accordance with the
provisions of this Department Order.

a. Exercise special parental authority

and responsibility

c. Give them love and affection advice and

counsel
companionship
and
understanding.

e.

Furnish them with good and

wholesome educational materials

g. Inculcate the value of respect and

obedience.

i. Perform such other duties as are

imposed by law upon them as
substitute parents or guardians;
and

All public and private elementary and

secondary schools shall establish a
Child Protection Committee (CPC)

1. School Head Administrator Chairperson

2. Guidance Counselor/ Teacher
Vice Chairperson
3. Representative of the
Parents as designated
by
the
ParentsTeachers Association

4. Representative of the Teachers as designated

by the Faculty Club.

5. Representative of the pupils, students

and learners as designated by the
Supreme Student Council.
6.

Representative from the

Community as designated
by the Punong Barangay
preferably a member of the
Barangay Council for the
Protection of Children.
(BCPC)

1. Draft a school child protection policy

with a code of conduct.
2.

Initiate
information
dissemination
programs
and organize activities for
the protection of children.

3. Develop and implement a school based

referral and monitoring system
4. Establish a system for indentifying students
who may be suffering from significant
harm.

5. Identify refer and if appropriate report to

the appropriate offices cases involving
child abuse.
6. Give assistance to parents or guardians

7. Coordinate closely with

government agencies and
non-governmental
organizations (NGOs) as
may be appropriate.

8. Monitor the implementation of positive

measures and effective procedures in
providing the necessary support for the child
and for those who care for the child and
9. Ensure that the childrens right to be heard are
respected.

In fact, just the other day, I was reading an

article by a famous author, and Id like to
read you part of it:
The children of today are too much in love
with luxury. They have a detestable
(execrable) manner, flaunt authority, and have
no respect for elders (anymore). They no
longer rise when their parents or teachers
enter the room. I can only fear what kind of
awful creatures they will be when they grown
up.

Of course, the only trouble with that statement

is the fact that it was written by SOCRATES,
and he wrote it in 399 B.C.

He is better than
his father.

-END-