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If we begin by choosing to value that both ourselves and our students have a
HUMAN DIGNITY,
It is distressing that despite the 25th anniversary this year of the Convention
on the Rights of the Child (CRC), those in society who are given the custody
and care of children are still lacking much in awareness, sensitivity and
concern that, as the CRCs Preamble states, children are entitled to special
care and assistance, should be raised in an atmosphere of happiness, love
and understanding, and, by reason of [their] physical and mental
immaturity, [need] special safeguards and care.
And we are not exactly lacking in laws, rules and regulations made especially
for the welfare of children and specifically applicable to teachers (and
schools) regarding their roles towards their students: the Constitution, the
Family Code, the Civil Code, the Anti-Bullying Act, and DepEd Order No. 40 s.
2012.
1987 Constitution
The 1987 Constitution specifically provides, under Section 3 (2) of Article XIV
(EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS),
that all educational institutions shall foster love of humanity, respect for
human rights, strengthen ethical and spiritual values, develop moral
character and personal discipline.
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a. Any act that causes damage to a victims psyche and/or emotional well-
being;
b. Any slanderous statement or accusation that causes the victim undue
emotional distress like directing foul language or profanity at the target,
name-calling, tormenting and commenting negatively on victims looks,
clothes and body; and
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School should be a safe place for all students to learn and play
and it is the job of each teacher and administrator to ensure that safety.
Pursuant to Section 3 (2), Article XIV of the Constitution and the Convention
on the Rights of the Child, theDepartment of Education issued DepEd Order
No. 40 s.2012, the DepEd Child Protection Policy (or the Policy and
Guidelines on Protecting Children in School from Abuse, Violence,
Exploitation, Discrimination, Bullying and Other Forms of Abuse).
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We note that Sec. 3.P sets the following guidelines for educators -
Article 218 of the Family Code of the Philippines provides the following
responsibilities of school administrators, teachers, academic and non-
academic and other personnel:
Family Code
The Ant-Bullying Act and DepEd Order No. 40 s. 2012 cited above are
specifically applicable to primary and secondary school students, regardless
of age.
The following Family Code (E.O. 209) provisions on Parental Authority apply
to unemancipated minors
Art. 220. The parents and those exercising parental authority shall have with
the respect to their unemancipated children on wards the following rights
and duties:
(1) To keep them in their company, to support, educate and instruct them by
right precept and good example, and to provide for their upbringing in
keeping with their means;
(2) To give them love and affection, advice and counsel, companionship and
understanding;
(3) To provide them with moral and spiritual guidance, inculcate in them
honesty, integrity, self-discipline, self-reliance, industry and thrift, stimulate
their interest in civic affairs, and inspire in them compliance with the duties
of citizenship;
(4) To furnish them with good and wholesome educational materials, supervise
their activities, recreation and association with others, protect them from bad
company, and prevent them from acquiring habits detrimental to their
health, studies and morals;
(5) To represent them in all matters affecting their interests;
(6) To demand from them respect and obedience;
(7) To impose discipline on them as may be required under the circumstances;
and
(8) To perform such other duties as are imposed by law upon parents and
guardians. (316a)
Art. 218. The school, its administrators and teachers, or the individual,
entity or institution engaged in child are shall have special parental authority
and responsibility over the minor child while under their supervision,
instruction or custody.
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Art. 233. The person exercising substitute parental authority shall have the
same authority over the person of the child as the parents.
In no case shall the school administrator, teacher of individual engaged in
child care exercising special parental authority inflict corporal punishment
upon the child. (n)
what you say and do to other people in your life holds power
Civil Code
But even without legal provisions focused solely on the welfare of students
and minors, our laws recognize that there are certain acts, though not
deemed criminal, are actionable nonetheless because they have caused
damage. Some of these are acts are called quasi-delicts and are covered by
the Civil Code -
Children have distinct needs and rights; and because of their age and
immaturity, children need special protection. We have the laws to protect
children and their human rights. We need to make sure everyone in society
especially those with parental authority over children knows and observes
them and are appropriately punished for breaking them. We adults should
know better and need to step up.