FACTS OF A CASE:

Sometime in September 2010, at around 3:00 in the

afternoon, [Respondent] requested AAA to help him on
something and directed her to the school’s clinic. AAA
heeded Respondent’s request and while the two (2) were
inside said clini, Respondent sexually harassed AAA by
grabbing and kissing her, even to the extent of showing his
genitalia. In another occasion, sometime in January 2011,
when AAA was about to go inside the stockroom to
borrow some books, Respondent invited her inside and,
right there and then, touched her private parts and then
seduced her to perform sexual communication with him.
A senior high-school student admitted that she has lost interest in school after
being a victim of bullying by her classmates due to her height.
“I don’t want to go to school before because they always bully me and that
makes me sad,” [she] said.
-excerpt from UNTVNews,Posted online on June 6th, 2017
FACTS OF A CASE:

Petitioner, a married man, was employed as a

teacher by the [respondent- private school from
June 1980 until his dismissal on June 1, 1991.
Likewise working as a teacher for the private
respondent was [a married female teacher]. In
the course of their employment, the couple fell in
love [and had relationship].
ADDRESSING LEGAL AND
ETHICAL ISSUES IN TEACHING
16th Conference of Philippine Schools Overseas
18 June 2018
 Code of Ethics of Professional Teachers
(BPT Resolution No. 435 Series of 1997)

PREAMBLE
Teachers are duly licensed professionals who possess
dignity and reputation with high moral values as well as
technical and professional competence. In the practice
of their noble profession, they strictly adhere to, observe,
and proactive this set of ethical and moral principles,
standard, and values.
 Art. II THE TEACHER AND THE STATE
 Art. III THE TEACHER AND THE COMMUNITY
 Art. IV THE TEACHER AND THE PROFESSION
 Art. V THE TEACHER AND THE TEACHING COMMUNITY
 Art. VI THE TEACHER AND THE HIGHER AUTHORITIES IN THE PHILIPPINES
 Art. VII SCHOOL OFFICIALS, TEACHERS AND OTHER PERSONNEL
 Art. VIII THE TEACHER AND LEARNERS
 Art. IX THE TEACHER AND PARENTS
 Art. X THE TEACHER AND BUSINESS
 Art. XI THE TEACHER AS A PERSON
Art. VIII THE TEACHER AND LEARNERS

xxx
Section 2. 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.
xxx
 Art. XI THE TEACHER AS A PERSON

xxx
Section 3. A Teacher shall maintain at all times a dignified personality which
could serve as a role model worthy of emulation by learners, peers, and
others.
xxx
Child Abuse and Bullying Issues
Report on the Incidence of Child Abuse in Schools

2013-2014 2014-2015 2015-2016 2016-2017

521 2,706 7,558 1,863

Report on the Incidence of Bullying in Schools

2013-2014 2014-2015 2015-2016 2016-2017

1,190 10,339 29,723 19,672

Child Protection
Policy
Anti-Bullying
Act
DepEd Child Protection Policy
Policy and Guidelines on Protecting Children in School from Abuse, Violence,
Exploitation, Discrimination, Bullying and Other Forms of Abuse
(DepEd Order No. 40, s. 2012)
LEGAL BASES
United Nations Convention
on the Rights of the Child (UNCRC)

The 1987 Philippine Constitution

Family Code of the Philippines

Code of Ethics for Professional

Teachers
United Nations Convention
on the Rights of the Child
(UNCRC)

The Right
Best Interest to Life,
of Children Survival and
Development

The Right to be
Non-
heard and to
Discrimination
Participate
The 1987 Philippine
Constitution Art. XV. Sec. 3[2]

The State shall protect 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.
The 1987 Philippine
Constitution Article XIV, Section 3, (b)
All educational institutions shall, among
others:

-foster love for humanity and respect for

human rights.
-teach the rights and duties of citizenship.
-develop moral character and personal
discipline.
 Family Code
Article 218, 220,
of the Philippines 233 and PD 603

 Gives the school, its administrators and teachers, or the individual, entity or institution
engaged in child care the special parental authority and responsibility over the
minor child while under their supervision, instruction or custody.

 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 or individual engaged in child care
exercising special parental authority inflict corporal punishment upon the child.
 Code of Ethics for
Professional Teachers Art. VIII
xxx
Sec. 3 Under no circumstance shall a teacher be prejudiced nor discriminatory against
any learner.

Sec. 8 A teacher shall not inflict corporal punishment on offending learners nor make
deductions from their scholastic ratings as a punishment for acts which are clearly not
manifestation of poor scholarship.
DepEd’s MISSION

To protect and promote the right of every Filipino to quality,

equitable, culture-based, and complete basic education
where:

Students learn in a child-friendly, gender-sensitive, safe, and

motivating environment …
 Child Protection

Refers to programs, services, procedures and

structures that are intended to prevent and
respond to abuse, neglect, exploitation,
discrimination and violence
 The Department of Education shall ensure
that schools are a safe place for the
education of children.

The best interest of the child shall

be the paramount consideration in
all decisions and actions involving
children.

This is a zero-tolerance policy for any act of child

abuse, exploitation, violence, discrimination,
bullying and other related offenses
Who is a child?

Any person below eighteen (18) years of age or

those over but are unable to fully take care of
or protect themselves because of a physical or
mental disability or condition.

Pupils or students who may be eighteen (18)

years of age or older but are in school.
Prohibited Acts:

• Child abuse
• Discrimination against children;
• Child exploitation;
• Violence against children in school;
• Corporal punishment;
• Any analogous or similar acts; and
• Bullying or peer abuse
CHILD ABUSE

PHYSICAL

NEGLECT
AND
CRUELTY
PSYCHOLOGICAL

MALTREATMENT

DEGRADES
DIGNITY
EMOTIONAL

SEXUAL
CSC Resolution No. 150908
Dec. 23, 2015

 RULING:

[Respondent] clearly demonstrated an unlawful behavior brought about

by sexually harassing AAA … Scuh actuations … truly deserve serious attention
as these are irregular, unlawful and beyond decency and norms expected
from a high school teacher…His immoral and threatening acts are without
doubt unbecoming of a teacher. As a teacher, he is considered under the
law as a second parent to students in the school and, thus, would naturally
commit to provide special protection and assistance to them.
 xxx a school is considered the heart of formal education. It is where
students advance and learn. Its aim is to provide the basic education and
instill values for all learners, Hence, the law and society put high regard in
learning institutions and demand from those serving in them the highest
standard of morality and decency. Indeed, those who fail to live up to
these standards deserves accountability with the highest penalty and must
perforce be removed therefrom to protect and preserve the institution.

 Respondent was found liable for Grave Misconduct and penalized with
dismissal from the service with all its accessory penalties.
 DepEd Order
No. 55, 2013
IRR Anti-Bullying Act 2013
DUTIES AND
RESPONSIBILITIES
SCHOOLS
SCHOOL HEAD/
ADMINISTRATOR
Chairperson

REPRESENTATIVE OF GUIDANCE
PARENTS COUNSELOR/TEACHER
Member Vice Chairperson

Child
Protection
Committee

REPRESENTATIVE OF
REPRESENTATIVE OF
PUPILS, STUDENTS &
THE TEACHERS
LEARNERS
Member
Member

REPRESENTATIVE OF
THE COMMUNITY
Member
 Code of
Conduct for
Child Code of

Protection
Conduct for
Teachers and
Pupils, Students
other School & Learners
Personnel
Policy
POSITIVE DISCIPLINE IN EVERYDAY
TEACHING

An approach to teaching that helps children succeed,

gives them the information they need to learn, and
supports their development. It respects children’s rights to
healthy development, protection from violence, and
active participation in their learning.
Manual of Policies, Standards and Regulations
For Philippine Schools Oversea
3rd Edition

 Section 20. Policy. All Philippine Schools Overseas shall be established and
operated in accordance with the provisions of this MPSR, and shall be
subjected to the general supervision and regulation of DepEd.

 Section 57. Authority to Promulgate Students Handbook and Code of

Conduct. xxx
Each Philippine School Overseas is required ti incorporate in its student’s
handbook a provision about the Child Protection Policy and Anti-Bullying
Policy…
CONFIDENTIALITY

CHILD TEACHER

The identity or No publicity

other information shall be given
that may
reasonably to any
identify the pupil, disciplinary
student or action against
learner, whether a teacher
victim or during the
offender, shall pendency of
be withheld from
the public to his or her
protect his or her case.
privacy.
Data Privacy Issues
DATA PRIVACY ACT
RA 10173
SEC. 2. Declaration of Policy. – It is the policy of the State to protect the
fundamental human right of privacy, of communication while ensuring free
flow of information to promote innovation and growth. The State recognizes
the vital role of information and communications technology in nation-
building and its inherent obligation to ensure that personal information in
information and communications systems in the government and in the
private sector are secured and protected.
 SCOPE

WHAT: Processing of all types of

personal information
WHO: Natural or juridical person
involved in data personal
information processing
 TYPES OF INFORMATION

Personal information
Any information, recorded in a material form or
not, from which the identity of an individual:
Apparent
Can be reasonably and directly ascertained by
entity holding the information
When put together with other information, would
directly and certainly identify an individual
 TYPES OF INFORMATION

Sensitive personal information

 Personal information:
 Race, ethnic origin, marital status, color, age and religious, philosophical and
political affiliation
 Health, education, genetic or sexual life of a person, or to any proceedings
for any offense committed or alleged to have been committed by such
person, the disposal of such proceedings or the sentence of any court in
such proceedings
 Issued by government agencies peculiar to an individual which includes, but
not limited to, social security numbers, previous or current health records,
licenses or its denials, suspension, revocation and tax returns
 Specifically established by an executive order or an act of Congress to be
kept classified
Morality Issues
Santos, Jr. v. National Labor Relations Commission
G.R. No. 115795, [March 6, 1998], 350 PHIL 560-573)

xxxthe gravity and seriousness of the charges against {Respondent] stem

from his being a married man and at the same time a teacher. We
cannot over-emphasize that having an extra-marital affair is an afront to
the sanctity of marriage, which is a basic institution of society. Xxx

As a teacher, petitioner serves as an example to his pupils, especially

during their formative years and stands in loco parentis to them. To stress
their importance in our society, teachers are given substitute and special
parental authority under our laws. Consequently, it is but stating the
obvious to assert the teachers must adhere to the exacting standards of
morality and decency. There is no dichotomy of morality. 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 by ordinary citizens. In other words, the personal behavior
of teachers, in and outside the classroom, must be beyond reproach.
xxxthe gravity and seriousness of the charges against {Respondent] stem
from his being a married man and at the same time a teacher. We
cannot over-emphasize that having an extra-marital affair is an afront to
the sanctity of marriage, which is a basic institution of society. Xxx

As a teacher, petitioner serves as an example to his pupils, especially

during their formative years and stands in loco parentis to them. To stress
their importance in our society, teachers are given substitute and special
parental authority under our laws. Consequently, it is but stating the
obvious to assert the teachers must adhere to the exacting standards of
morality and decency. There is no dichotomy of morality. 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 by ordinary citizens. In other words, the personal behavior
of teachers, in and outside the classroom, must be beyond reproach.
Accordingly, teacher must abide by a standard of personal conduct which
not only proscribes the commission of immoral acts, but also prohibits behavior
creating a suspicion of immorality because of the harmful impression it might
have on the students. Likewise, they must observe a high standard of integrity
and honesty. From the foregoing, it seems obvious that when a teacher
engages in extra-marital relationship, especially when the parties are both
married, such behavior amounts to immorality, justifying his termination from
employment.
 Puse v. Santos-Puse
G.R. No. 183678, [March 15, 2010], 629 PHIL 483-505)

FACTS OF THE CASE:

Petitioner is a registered Professional Teacher stationed at S. Aguirre
Elementary School, East District, Jose Panganiban, Camarines Norte, while
respondent is a Barangay Rural Health Midwife assigned at the Municipal
Health Office of Jose Panganiban, Camarines Norte.
It appears that on 10 January 1992, petitioner married respondent Ligaya
delos Santos-Puse at the Municipal Trial Court (MTC) of Daet, Camarines Norte
before the Hon. Judge Oscar T. Osorio. He had two (2) children with her, and
had a church wedding before respondent found out that petitioner was
already married. Respondent discovered that petitioner had already gotten
married to Cristina Pablo Puse at the Municipal Trial Court in Cities of Laoag
City, Ilocos Norte on 27 December 1986. Respondent likewise learned that he
has two (2) children with his first wife.
 Neither is there merit to petitioner's contention that because he
contracted the bigamous marriage before he even became a teacher, he is
not required to observe the ethical standards set forth in the Code of Ethics of
Professional Teachers.

In the practice of his profession, he, as a licensed professional teacher, is

required to strictly adhere to, observe and practice the set of ethical and
moral principles, standards and values laid down in the aforesaid code. It is of
no moment that he was not yet a teacher when he contracted his second
marriage. His good moral character is a continuing requirement which he
must possess if he wants to continue practicing his noble profession. In the
instant case, he failed to abide by the tenets of morality. Petitioner kept his first
marriage secret to his second wife. Unfortunately for him, his second wife
discovered his true marital status which led to the filing of the administrative
and criminal cases against him.
CSC Resolution No. 992642
Dec. 2, 1999

A Teacher was charged for Disgraceful and Immoral

Conduct and Conduct Prejudicial to the Best Interest of the
Service due to the act of having a baby fathered by a man
other than her husband.
While the Teacher was married to her husband, Rio in 1981,
their physical union lasted only for a couple of years for the
latter unilaterally decided to leave the conjugal dwelling and
abandoned his responsibilities as a husband and a father to his
young family. That for a period of 14 years, she tried to locate
the whereabouts of her husband. However, the same served
futile, until such time that she learned that her husband had
allegedly died in the US. In the process of waiting for any news
about her husband and fending for himself and her children, she
met another man. This relationship produced an offspring in
1996. She filed a Petition for Declaration of the Presumptive
Death of her husband and the court decided in her favor. She
eventually married her paramour in 1997.
RULING:
Marriage is one of the basic rights of man…Although the act of bearing a
child outside of a lawful marriage is frowned upon, [the Teacher] cannot be
made to perpetually suffer the same when the incidents surrounding her case
is not of her own doing. She did not abandon her duties and
responsibilities…Instead she was the one abandoned and left to look after
herself. Further, she tried to rectify whatever wrong she had committed by
removing all the legal impediments in her married life in accordance with law
in order for her to be given a chance to finally enjoy the full benefits of
marriage.

She was exonerated of the charges.

 Thank you. *

*Thank you also to the DepEd-OULA Child Protection Program Secretariat

Through Ms. Edna for the borrowed slides and info.