THERE is a need for a teacher protection policy in all public and private schools to ensure that teachers are safeguarded from violence, intimidation, threats, harassment, discrimination, baseless complaints, public ridicule, and other forms of abuse as they play a vital role in the lives and education of our young learners.
There are five legal principles that support the protection of teachers, as set out in various laws.
First, teachers are deemed special parents of students under the Family Code. Foremost among teachers’ rights is their role as special parents of children under their supervision, instruction or custody. Under the law, teachers shall have special parental authority and responsibility over their minor students. This special authority and responsibility shall apply to all authorized activities, whether inside or outside the premises of the school, entity or institution, which also now includes cyberspace, social media and digital platforms, pursuant to the decision of the Supreme Court in Vivares v. St. Theresa’s College. While special parental authority is often viewed as a duty, responsibility, and even a liability, the authority granted to teachers also gives them a wide range of rights that would otherwise be exercised only by the children’s natural parents or legal guardians.
As teachers stand in loco parentis over their minor wards, teachers are clothed by law with the right to exercise parental authority over their students. This includes the right and duty to discipline children for as long as it does not involve corporal punishment or any form of abuse. Thus, in imposing proper discipline upon its students pursuant to this special parental authority, the teacher lacks the criminal intent to be held liable for child abuse as held by the Supreme Court in the case of Bagajo v. Marave, in relation to Bongalon v. People, where the court declared that not every laying of hands over a child is child abuse. Without the intention required by the law to debase, degrade, or demean the intrinsic worth and dignity of the child as a human being, words or deeds cannot be considered child abuse.
Second, teachers are deemed persons in authority as defined in the Revised Penal Code for purposes of defining the crime of direct assault. Thus, any person who shall attack, employ force, or seriously intimidate or resist any person in authority, while engaged in the performance of official duties, or on occasion of such performance, shall be held liable for the crime of direct assault. Moreover, Batas Pambansa Bilang 232 recognizes teachers as persons in authority and, as such, accords them due respect and protection.
Third, public and private school teachers are likewise accorded by Batas Pambansa 232 the right to be provided with free legal service when charged in an administrative, civil or criminal proceeding by parties other than the private school or the Department of Education for actions committed directly in the lawful discharge of professional duties and/or in defense of school policies.
Fourth, all teachers are guaranteed administrative due process in any disciplinary proceeding. Under the Magna Carta for Public School Teachers, or RA 4670, public school teachers are guaranteed equitable safeguards in any disciplinary proceeding and shall have the right to be informed, in writing, of the charges; the right to full access to the evidence in the case; the right to defend himself and to be defended by a representative of his choice and/or by his organization, adequate time being given to the teacher for the preparation of his defense; and the right to appeal to clearly designated authorities. Most importantly, the Magna Carta declares that no publicity shall be given to any disciplinary action being taken against a teacher during the pendency of his or her case. This policy is now supplemented by the Data Privacy Act, which safeguards individuals’ personal information against unlawful processing and disclosure, including details of pending administrative cases.
Fifth, teachers, like all citizens, are guaranteed the right to freedom of speech and expression as provided in the Constitution. According to Justice Fortas in the United States landmark case of Tinker v. Des Moines Community School District, teachers do not shed their constitutional rights to freedom of speech and expression at the schoolhouse gate. They are accorded the right to the free expression of opinion and suggestions, and to serve as effective channels of communication with appropriate academic and administrative bodies of the school or institution.
info@estradaaquino.com