TEACHING BAD (Yes, a Teacher Can Be Held Liable For Humiliating A Student)

By Siesta-friendly

When teachers are the bullies, it is not bullying, it is ABUSE …
and should not be tolerated!

Recently, a high school senior committed suicide after being allegedly “bullied” by his teacher.

Nothing can match the heartbreak knowing that someone has hurt a child.  The devastation is unspeakable when the hurt child loses his life as a result. 

After reading insensitive and condemnatory online comments against the student and his family for considering filing charges against his teacher, we have to say that “condemnation without investigation is the height of ignorance” [unknown origin].  But we digress.

Based on Merriam-Webster online, “bully” is defined as -

Bully    :  [noun] one habitually cruel to others who are weaker
              :[verb] to frighten, hurt, or threaten (a smaller or weaker person)
            : [verb] to cause (someone) to do something by making threats or insults or by using
            force

Thus, a teacher who humiliates, insults, threatens, or hurts a student is a bully; not to mention someone who is acting in abuse of his/her authority.

If we begin by choosing to value that both ourselves and our students have a HUMAN DIGNITY,

then we have a COMMON GROUND to establish a LEARNING RELATIONSHIP.

- Dale Knepper

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 CRC’s 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.

TEACHERS: Let your light shine so brightly

that others can see their way out of the dark.

 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“.

Bullying, as specifically addressed in the Anti-Bullying Act of 2013, includes causing emotional damage and distress.

Dear Teacher: the child that you like least
is probably the child who needs you the most.  

Anti-Bullying Act of 2013

Included in the definition of bullying in Sec. 2 of R.A. 10627 (“An Act Requiring All Elementary And Secondary Schools To Adopt Policies To Prevent And Address The Acts Of Bullying In Their Institutions” or the  “Anti-Bullying Act of 2013”) is –

“materially and substantially disrupting the education process or the orderly operation of a school; such as, but not limited to, the following:

xxx

a.      Any act that causes damage to a victim’s 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 victim’s looks, clothes and body; and

xxx”

Complaints of bullying and other acts shall be within the exclusive jurisdiction of the DepEd or the private school and shall not be brought for amicable settlement before the Barangay, subject to existing laws, rules and regulations. Complaints for acts covered by other laws shall be referred to the appropriate authorities. (Section 10.A)

While defining child abuse to include psychological abuse and emotional maltreatment, DepEd Order No. 40 s. 2012 also considers causing mental or emotional suffering as violence committed on a child.

“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.”

DepEd Child Protection Policy

Pursuant to Section 3 (2), Article XIV of the Constitution and the Convention on the Rights of the Child, the Department 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”). 

Under Sec. 3.I, “[C]hild abuse refers to the maltreatment of a child, whether habitual or not, which includes any of the following:

1)      psychological or 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 a child as a human being;

xxx”

In addition, Section 3.L states that “[v]iolence against children committed in schools refers to a single act or a series of acts committed by school administrators, academic and non-academic personnel against a child, which result in or is likely to result in physical, sexual, psychological harm or suffering, or other abuses including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts:

xxx

3.      Psychological violence refers to acts or omissions causing or likely to cause mental or emotional suffering of the child, such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, deduction or threat of deduction from grade or merit as a form of punishment, and repeated verbal abuse.

4.      Other acts of violence of a physical, sexual or psychological nature that are prejudicial to the best interest of the child.“

We note that Sec. 3.P sets the following guidelines for educators -

“Positive and Non-Violent Discipline of Children - is a way of thinking and a holistic, constructive and pro-active approach to teaching that helps children develop appropriate thinking and behavior in the short and long-term and fosters self-discipline.  It is based on the fundamental principle that children are full human beings with basic human rights.  Positive discipline begins with setting the long-term goals or impacts that teachers want to have on their students’ adult lives, and using everyday situations and challenges as opportunities to teach life-long skills and values to students

While Sec. 8 emphasizes the “Duties and Responsibilities of School Personnel” as follows:

“Article 218 of the Family Code of the Philippines provides the following responsibilities of school administrators, teachers, academic and non- academic and other personnel:

1. Exercise special parental authority and responsibility over the child while under their supervision, instruction and custody. Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution.

Articles 220 and 233 of the Family Code of the Philippines, Presidential Decree No. 603, and other related laws enumerated the following duties and responsibilities of the abovementioned persons and personnel over the children under their supervision, instruction and custody:

2. Keep them in their company and support, educate and instruct them by right precept and good example;
3. Give them love and affection, advice and counsel, companionship and understanding;
4. Enhance, protect, preserve and maintain their physical and mental health at all times;
5. 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;
6. Represent them in all matters affecting their interests;
7. Inculcate the value of respect and obedience;
8. Practice positive and non-violent discipline, as may be required under the circumstances; provided, that in no case shall corporal punishment be inflicted upon them;
9. Perform such other duties as are imposed by law upon them, as substitute parents or guardians; and
10. School personnel shall also strictly comply with the school’s child protection policy.“

Finally, under Section 20, “[a] complaint for child abuse, violence, exploitation or discrimination in a private school shall be filed with the School Head/Chief Executive Officer and shall be acted upon pursuant to the school’s rules of procedures on administrative cases. The penalty shall be that which is provided by the rules of the school, subject to the requirements of due process. The administrative case shall be without prejudice to any civil or criminal case that may be filed.” [emphasis supplied]

The best part of teaching is that it matters.
The hardest part of teaching is that every moment matters, every day.
– Todd Whitaker

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)”

Those exercising parental authority include teachers pursuant to Art. 218 and 233 –

“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.

Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution. (349a)

xxx

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 –

the power to lift someone from the depths of darkness,

or rip them to shreds.
- Kate Walton

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 -

“Article 2176.  Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done.  Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter.”

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.

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Careless Whispers (Secrets, Intrigues and Confidentiality)

By Obiter07

They say gossip travels fast but it may just bring you to jail. You may not know it but sharing secrets is a crime punishable under the Revised Penal Code if you are a manager, employee or servant.

“ARTICLE 291. Revealing secrets with abuse of office. — The penalty of arresto mayor[1] and a fine not exceeding 500 pesos shall be imposed upon any manager, employee, or servant who, in such capacity, shall learn the secrets of his principal or master and shall reveal such secrets.”

One wonders why only managers and employees are covered. Does that mean higher ranking officers are exempt from penalty when they should be the ones in a position to know and reveal more? Household help should also be forewarned that their employer’s private lives have to remain private, details of which may not travel beyond the clotheslines and walls of the house.

Naturally, revealing industrial secrets carries a higher penalty. Though the fine is not at all high.

“ARTICLE 292. Revelation of industrial secrets. — The penalty of prision correccional[2] in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon the person in charge, employee or workman of any manufacturing or industrial establishment who, to the prejudice of the owner thereof, shall reveal the secrets of the industry of the latter.”

However, the violation of intellectual property rights is a totally different matter and obviously subject to severe punishment.

For the benefit of Piolo and Sam, “intriga” is actually a crime too. Unfortunately, though, Lolit can just forego a short cab ride to cough up the fine -

“ARTICLE 364. Intriguing against honor. — The penalty of arresto menor[3] or fine not exceeding 200 pesos shall be imposed for any intrigue which has for its principal purpose to blemish the honor or reputation of a person.”

To add some bite and attempt to make up for the measly penal punishment, damages may be claimed for violations of privacy, and intriguing as well, under the New Civil Code:

“ARTICLE 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief:

(1) Prying into the privacy of another’s residence;

(2) Meddling with or disturbing the private life or family relations of another;

(3) Intriguing to cause another to be alienated from his friends;

(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition.”

The following general principles under the Civil Code may also be used:

“Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.

Art. 20. Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same.

Art. 21. Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.”

Of course, when you spread something that tends to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead, then the provisions on libel apply[4] And we need a whole new post to tackle that topic.

With the wider and faster variety of present-day communication tools, the penalties prescribed barely offset the damages done to the victims who may find themselves ready subjects of careless and harmful text messages, Photoshop-ed pictures or videos over the internet, or easy tabloid fodder. We hope the laws can be amended as soon as possible to reflect modern times.

[1] The duration of arresto mayor shall be from 1 month and 1 day to 6 months.(Art. 27, Revised Penal Code).

[2] The duration of prision correccional shall be from 6 months and 1 day to 6 years. (ibid)

[3] The duration of arresto menor shall be from 1 day 30 days. (ibid)

[4] Art. 353, ibid.

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WILLS OF FORTUNE (Making your last will and testament)

by Obiter07

Just recently, multi-billionaire New Yorker Leona Helmsley willed $12M to her dog. We may not have the billions to leave behind but we may have a thought or two as to where or to whom certain of our possessions will go and show our appreciation as Ms. Helmsley did.

A will is where one can be “permitted, with the formalities prescribed by law, to control to a certain degree the disposition of his estate, to take effect after his death (ARTICLE 783, New Civil Code).” It is with these formalities that it is almost impossible to dispense with the services of a lawyer.

Every will has to be in writing and should be “executed in a language or dialect known to the testator (ARTICLE 804).” The testator means you if you are the one who wants to make a will provided you are at least 18 years old (ARTICLE 797) and of sound mind at the time of its execution (ARTICLE 798). So it’s ok to lose your marbles later.

“The making of a will is a strictly personal act” (ARTICLE 784). And so the duration or efficacy of the designation of heirs, devisees of legatees (these are the recipients of the testator’s intentions), or the determination of the portion which they are to take, cannot be left to another’s discretion (ARTICLE 785). As there is much respect given to the testator’s intentions, in the event of doubt as regards any disposition, the interpretation shall be made in favor of that which makes the disposition operative (ARTICLE 788).

Being a strictly personal act, persons cannot jointly make a will (ARTICLE 817). Nor can there be a quid pro quo testamentary disposition where an heir is required to provide for the testator or any other person in his (the heir’s) own will (ARTICLE 875).

In the will you spell out how you want your property distributed. Note, however, that you can dispose only of what is called the “free portion” of your estate. You cannot dispose of the “legitime” or property reserved for your compulsory heirs (ARTICLES 841 and 886). This refers to property reserved by law for legitimate children and descendants, or it there are none, then the legitimate parents and descendants, the widow or widower, acknowledged natural and other illegitimate children.

The testator has to subscribe or sign the will himself or have some other person sign it for him. Apart from that, the tricky party is the attestation clause that has to be at the end of every will (ARTICLE 805). It won’t suffice just to have one or two witnesses. You need a group of at least 3 people plus a notary public to make a will. Why? Because a will needs at least 3 instrumental witnesses (ARTICLE 805) and has to be subscribed thereafter before a notary (ARTICLE 806). So much for keeping a will secret right?

And if any one of those witnesses turns out to be a beneficiary to the will, then you need an additional witness. Otherwise, the will insofar as this “interested” witness is concerned will be invalidated and he or she won’t receive anything (ARTICLE 823). What if you can’t come up with the required number? It can be supposed if at that point, if you can’t find three friends to call in, you don’t have that much to give away anyway or that you won’t be missed much. Just keep in mind that a chance at riches can make a friend out of a lot of people.

And apart from signing the will at the end, each and every page of the will must be signed on the left margin and all the pages should be numbered by means of letters (i.e. for page 5, it should read “page five” or “five”) placed in the upper part of each page.

The attestation clause must also contain specific facts, such as the number of pages of the will, and that the testator signed every page thereof and that the instrumental witnesses did the same as well.

To dispense with these formalities, there is the “do-it-yourself” will or the holographic will. “A person may execute a holographic will which must be entirely written, dated, and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of the Philippines, and need not be witnessed. (678, 688a), (ARTICLE 810).” You just have to write everything down yourself.

Think you are done? Not really, because both kinds of wills have to be considered by the court in something called probate proceedings. This is a process where the court verifies whether the will is sufficient in form and substance. You can have a will go through this procedure while you are still alive or later when you are not (ARTICLE 838).

As a testator, you can make your heirs earn what you intend to give them since you are allowed to impose conditions before they can benefit from your will (ARTICLES 876, 877), provided the conditions are not impossible and not contrary to law or good customs (ARTICLE 873). One such possible condition is to prohibit a spouse from marrying again (or at least get nothing from the will when he or she does)! It reads: “An absolute condition not to contract a first or subsequent marriage shall be considered as not written unless such condition has been imposed on the widow or widower by the deceased spouse, or by the latter’s ascendants or descendants. xxx (ARTICLE 874).”

They say you can’t take it with you but you can make sure no one else gets to enjoy it. To get something from a “will,” you may very well have to put up with a “won’t” or two. This could be things like, “Before you ever get a cent from me, you won’t ever get married” or “you won’t drop out of school.” This just goes to show that where there’s a will, there may not necessarily be a “way” to get around it.

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