By:ULPIANO P. SARMIENTO III

(Specifically on Education)

x x x

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.

x x x

Section 3. The State shall defend1) x x x2) The right of children to assistance, including

proper care and nutrition, and specialprotection from all forms of neglect, abuse,

cruelty, exploitation, andother conditions prejudicial totheir development;

x x x

Article XIV, Section 3 (2)(All educational institutions) shall inculcate

patriotism and nationalism, foster love ofhumanity, respect for human rights, x x x teach therights and duties of citizenship, strengthen ethicaland spiritual values, develop moral character andpersonal discipline, x x x.

Student discipline is VITAL, not merely to the smooth and efficient operation of the

school, but to its very survival

HENCESchools 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.

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

Extent of School Authority to

Discipline

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--

Answer:

x x x It is the better view that there areinstances when the school might be calledupon to exercise its power over its students x xx for acts committed outside the school andbeyond 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.

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.

A. As a PARENT: Principal Duty to Exercise Parental Authority and Responsibility

Article 218, Family Code provides

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)

Code of Ethics states

Right Against Abuse

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

Legal definition of CHILDREN/CHILD

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 corporalpunishment upon the child.

Definition: An act that inflict pain or harm upona childs body as punishment for wrongdoing 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 childsbody, with or without the use of aninstrument such as xxx a cane, broom, stick,whip or belt;

2. Striking of a childs face or head, suchbeing 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 physicallypainful or damaging act, such as xxxholding weights for an extended period,and kneeling on stones, salt, pebbles, orother objects;

5. Deprivation of a childs physical needs as aform of punishment;

6. Deliberate exposure to fire, ice, water,smoke, sunlight, rain, pepper, alcohol, orforcing the child to swallow substances xxx;

7. Tying up a child;

8. Confinement, imprisonment or depriving theliberty of a child;

9. Verbal abuse or assaults, includingintimidation or threat of bodily harm,swearing or cursing, ridiculing or denigratingthe child;

10. Forcing a child to wear a sign, to undressxxx, to put on anything that will make a childlook or feel foolish, which belittles orhumiliates the child in front of others;

11. Permanent confiscation of personalproperty of pupils xxx except whensuch pieces of property pose a dangerto 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 andstructure that are intended to prevent andrespond to abuse, neglect, exploitation,discrimination and violence.

a. Ensure the institution of effectivechild protection policies andprocedure.

c. Ensure that all pupils, students xx schoolpersonnel, parents, guardians xx andvisitors and guests are made aware ofchild protection policy.

e. Conduct the capacity building activities forthe members of the CPC and GuidanceCounselors/ Teachers

f. Conduct disciplinaryproceedings in case ofoffense committed bypupils or learners.

h. Maintain a record of all proceedingsrelated to bullying or peer abuse.

j. Ensure that the school adopts astudent Code of Conduct.

l. Coordinate with the appropriateoffices and other agency

n. Ensure that all incidents of abuse areaddressed in accordance with theprovisions of this Department Order.

a. Exercise special parental authorityand responsibility

c. Give them love and affection advice andcounsel companionship andunderstanding.

e. Furnish them with good andwholesome educational materials

g. Inculcate the value of respect andobedience.

i. Perform such other duties as areimposed by law upon them assubstitute parents or guardians;and

All public and private elementary and secondary schools shall establish a Child Protection Committee (CPC)

3. Representative of theParents as designatedby the Parents-Teachers Association

1. School Head Administrator Chairperson2. Guidance Counselor/ Teacher

Vice Chairperson

4. Representative of the Teachers as designatedby the Faculty Club.

5. Representative of the pupils, studentsand learners as designated by theSupreme Student Council.

6. Representative from theCommunity as designatedby the Punong Barangaypreferably a member of theBarangay Council for theProtection of Children.(BCPC)

1. Draft a school child protection policywith a code of conduct.

2. Initiate informationdissemination programsand organize activities forthe protection of children.

3. Develop and implement a school basedreferral and monitoring system

4. Establish a system for indentifying studentswho may be suffering from significantharm.

5. Identify refer and if appropriate report tothe appropriate offices cases involvingchild abuse.

6. Give assistance to parents or guardians

7. Coordinate closely withgovernment agencies andnon-governmentalorganizations (NGOs) asmay be appropriate.

8. Monitor the implementation of positivemeasures and effective procedures inproviding the necessary support for the childand for those who care for the child and

9. Ensure that the childrens right to be heard arerespected.

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.

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