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Court Cases of Teachers

Male student files case vs teacher
CEBU, Philippines - For allegedly molesting his student, a private university teacher is facing charges
before the Cebu Provincial Prosecutors Office.
The complaint filed by a 17-year-old student states that his male teacher sexually abused him against
his will.
He said he tried to resist when his teacher forced him to do indecent and lascivious acts normally
done by couples, but the teacher was much stronger and bigger than he.
He also gave in for fear that if I would not submit to his lewd desires he might fail me in the subjects
he was handling and might cause me to be kicked out, , the affidavit reads.
The student said he cried and begged the respondent to stop but the latter did not listen.
The Freeman is withholding the names of the complainant, the respondent and the school pending
their comments.
Freeman ( Article MRec ), pagematch: 1, sectionmatch:
The complainant was one of the students of a school set up by a nongovernment organization for
underprivileged young people. He was enrolled for a 3-year training for System and Network or
Software Development and Dual Training System in accordance with the agreement entered into by
the organization and the school.
In his complaint, he said the respondent was his teacher for System and Network Administration,
System Securities and Operating Systems.
He noticed that the respondent was very close to his students especially the male students.
I never thought that his effort of being close to us was his way of advancing his lewd designs, the
affidavit reads.
During their Christmas break in 2011, he said respondent called him through the mobile phone and
asked if he was free to go to a mall. In there, he said, the respondent brought him a pair of jeans and
a shirt. Then he was taken by the respondent to his boarding house in Labangon, Cebu City.
That when I saw his desktop computer inside his room, I asked permission from him to use the
same, to which he acceded. That while I was using his computer, respondent approached me and to
my surprise, begged me while his right hand was slowly sliding towards my private partand wanted
to remove my short pants, he narrated.

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He said respondent succeeded his sexual desire despite his objections. After that incident, he said he
was told by the latter not to tell his other classmates.
Before he left, he said he was brought by the respondent to a fast food chain and was given P200
to buy load.
The complainant said he thought that incident wont happen again but he was wrong after he was
invited by the respondent to visit his classmate in Dalaguete, Cebu.
That I was very hesitant and afraid to go with respondent, but due to my great fear that I might fail in
the subjects he was handling if I would refuse to go with him, I agreed to go with him in Dalaguete
with the hope that he will not anymore sexually abuse me, he said.
He heard reports that there was a former student who was kicked out after he failed in the subjects
handled by the respondent. The former student reportedly refused to accept the advances of the
respondent.
The complainant said because of the revelation made by the former student to one of the educators
about his horrifying experience with the respondent, he gained courage to reveal his
experience too and refused to the invitation of respondent sometime in January 2013.
His other classmates also revealed their experiences in the hands of the respondent.
To support his case, the general manager of the group executed an affidavit against the respondent
for a violation of Section 5(b) and 10(a) of Republic Act 7610 or child abuse, Article 336 of the
Revised Penal Code or acts of lasciviousness and RA 7877 or the anti-sexual harassment act.
(FREEMAN)

A decided case on immorality of a public-school teacher

A MEDIA person asks me whether her friend, who is a wife of a public-school teacher, could file an
administrative case for immorality against her husband (for having an illicit affair with another and for
abandoning her and/or for not providing support to her and their children). She also asked whether
she could file a case against her husband in the Professional Regulation Commission (PRC) to
revoke his license.
I said, Yes to both. toni-umaliThis question is similar to the issues involved in the Supreme Court
(SC)-decided case of Rene Puse v. Ligaya Puse, GR No. 183678, March 15, 2010. The relevant
facts of the case (all quoted directly or paraphrased from the SC ruling) are as follows:

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Rene Puse is a registered professional teacher stationed at S. Aguirre Elementary School, East
District, Jose Panganiban, Camarines Norte, while Ligaya Puse is a barangay rural-health midwife
assigned at the Municipal Health Office of Jose Panganiban, Camarines Norte.
It appears that on January 10, 1992, Rene married Ligaya at the Municipal Trial Court (MTC) of Daet,
Camarines Norte. He had two children with her, and had a church wedding before respondent found
out that petitioner was already married. Ligaya discovered that Rene had previously married a
certain Cristina Pablo Puse at the MTC in Laoag City, Ilocos Norte, on December 27, 1986. Ligaya,
likewise, learned that Rene has already two children with his first wife. Thus, on August 2, 2005,
Ligaya filed a letter-complaint with the director of the PRC, National Capital Region, Manila, through
the director, the PRC, Lucena City, seeking assistance regarding Rene, against whom she had filed a
criminal case for bigamy and abandonment. Ligaya alleged, among others, that Rene has not
been giving her and their children support.
In a letter dated August 16, 2005, the PRC of Lucena City directed Rene to answer the complaint for
immorality and dishonorable conduct filed by Ligaya. Per directive, Rene submitted his compliance,
dated August 31, 2005, denying the charges against him, and stating, among others, that [n]a ako ay
wala ng balita o komunikasyon sa aking unang asawa at ang paniwala ko ay siya ay patay na at ang
aking kasal ay nawala nang saysay.
After due consideration of the complaint, affidavits, supporting documents and pleadings filed, the
Board of Professional Teachers, PRC, Lucena City, found a prima facie case for immorality and
dishonorable conduct against Rene. The case was docketed as Adm. Case No. LCN-0016. On
February 16, 2007, the Board of Professional Teachers (BPT), PRC, Manila, found Rene
administratively liable of the charges and revoked his license as a professional teacher. Rene moved
for reconsideration of the decision, but his motion was denied by the BPT per resolution dated July 9,
2007. Rene then filed a petition for review, docketed as CA-G.R. SP No. 100421, before the Court of
Appeals (CA) assailing the resolutions dated February 16, 2007, and July 9, 2007, of the BPT. On
March 28, 2008, the CA dismissed Renes appeal. On June 30, 2008, the CA denied Renes motion
for reconsideration for lack of merit. Rene then went to the SC. One of the issues decided by the SC
is whether the BPT has jurisdiction to hear and decide the complaint filed by Ligaya against Rene.
The relevant portions of the SC decision on the case (all quoted directly or paraphrased from the SC
ruling) are as follows:
On the first issue, petitioner Rene argues that the proper forum to hear and decide the complaint was
either the Civil-Service Commission (CSC), pursuant to CSC Resolution 991936 (Uniform Rules on
Administrative Cases in the Civil Service); or the Department of Education (DepEd), pursuant to
Republic Act (RA) 4670 (Magna Carta for Public School Teachers). Since the charge was for violation
of the Code of Conduct and Ethical Standards for Public Officials and Employees, petitioner contends
that the complaint should have been brought before the CSC.
The SC disagreed with the petitioner on this point. It ruled that an administrative case against a
public-school teacher may be filed before the BPT-PRC, the DepEd or the CSC, which have
concurrent jurisdiction over administrative cases, such as for immoral, unprofessional or dishonorable
conduct.

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The SC then explained that concurrent jurisdiction is that which is possessed over the same parties
or subject matter at the same time by two or more separate tribunals. When the law bestows upon a
government body the jurisdiction to hear and decide cases involving specific matters, it is to be
presumed that such jurisdiction is exclusive, unless it be proved that another body is, likewise, vested
with the same jurisdiction, in which case, both bodies have concurrent jurisdiction over the matter.
The authority to hear and decide administrative cases by the BPT-PRC, the DepEd and the CSC
comes from RA 7836, RA 4670 and Presidential Decree (PD) 807, respectively. The SC mentioned
Section 23 of RA 7836 as the basis for this authority. Here, the BPT is given the power, after due
notice and hearing, to suspend or revoke the certificate of registration of a professional teacher for
causes enumerated therein (and one of the causes enumerated is immoral, unprofessional or
dishonorable conduct).
Thus, the SC said that if a complaint is filed under RA 7836, the jurisdiction to hear the same falls with
the BPT-PRC. However, if the complaint against a public-school teacher is filed with the DepEd, then
under Section 9 of RA 4670, or the Magna Carta for Public-School Teachers, the jurisdiction over
administrative cases of public-school teachers is lodged with the investigating committee created
pursuant to the said section, now being implemented by Section 2, Chapter VII of DECS Order 33,
Series of 1999, also known as the DECS Rules of Procedure. A complaint filed under RA 4670 shall
be heard by the investigating committee, which is under the DepEd, as emphasized by the SC.

The SC then explained that as to the CSC, under PD 807, also known as the Civil Service Decree of
the Philippines, particularly Sections 9(j) and 37(a) thereof, the CSC has the power to hear and
decide administrative disciplinary cases instituted directly with it or brought to it on appeal. As the
central personnel agency of the government, the CSC has jurisdiction to supervise and discipline all
government employees, including those employed in government-owned or -controlled corporations
with original charters. Consequently, if civil-service rules and regulations are violated, complaints for
said violations may be filed with the CSC. However, where concurrent jurisdiction exists in several
tribunals, the body or agency that first takes cognizance of the complaint shall exercise jurisdiction to
the exclusion of the others. Here, it was the BPT, before which respondent filed the complaint, that
acquired jurisdiction over the case and which had the authority to proceed and decide the case to the
exclusion of the DepEd and the CSC.
The SC later on explained why there was substantial evidence to show that petitioner was guilty of
immoral and dishonorable conduct. While Petitioner claims good faith and maintains that he married
respondent with the erroneous belief that his first wife was already deceased, the SC ruled that the
issues as to whether petitioner knew his first wife to be dead and whether respondent knew that
petitioner was already married have been ruled upon by both the BPT and the CA.
The BPT and the appellate court found untenable petitioners belief that his first wife was already
dead and that his former marriage was no longer subsisting. For failing to get a court order declaring
his first wife presumptively dead, his marriage to respondent was clearly unlawful and immoral.

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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.
Consequently, it is but stating the obvious to assert that 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, teachers 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 extramarital relationship,
especially when the parties are both married, such behavior amounts to immorality, justifying his
termination from employment.
Lawyer Toni Umali is the current assistant secretary for Legal and Legislative Affairs of the
Department of Education (DepEd). He is licensed to practice law not only in the Philippines, but also
in the state of California and some federal courts in the US after passing the California State Bar
Examinations in 2004. He has served as a legal consultant to several legislators and local chief
executives. As education assistant secretary, he was instrumental in the passage of the K to 12 law
and the issuance of its implementing rules and regulations. He is also the alternate spokesman of the
DepEd.

Man linked to child abuse case found teaching in school

A man accused of abusing a child but who managed to elude arrest for more than a year was finally
found this week working as a choreographer at a school.
Police from Iloilo province arrested Carlos Avelino in Guimaras province by virtue of an arrest warrant
issued in May 2013, GMA Iloilo's Fabienne Paderes reported.
The report said Avelino faces charges for violating Republic Act 7610, the law providing special
protection for children against abuse and exploitation.
But Avelino said he already settled the row with a male elementary school student.

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"Hinalikan umano ang bata, yung sabi ni Fiscal, puntahan ko raw para ayusin," he said.
Avelino was brought back to Molo in Iloilo City where he is now detained. A bail of P180,000 was
recommended for his temporary liberty.
Police said they received a tip Avelino was staying in San Miguel in Jordan town in Guimaras. The tip
proved positive, where they found him teaching as a choreographer at a local school. Joel
Locsin/LBG,GMA News

Corporal punishment exposes children to abuse, violence

The home and school are considered first and second homes of children.
The safety of children in these places however is put to the test with the prevailing culture that still
considers corporal punishment as part of the discipline regimen on children.
Most of the reported cases of violence on children however happened at home, said Emma
Patalinghug, child welfare specialist of the Department of Social Welfare and Development (DSWD).
She said its already a cultural norm for most families to inflict corporal punishment whenever a child
commits mistake.
We cant also blame the parents of these children. Probably they have also these experiences (of
being disciplined when they were growing up), Patalinghug said.
Wilfredo O. Tano, Administrative Officer of DepEd Region 7-Cebu City Division, said corporal
punishment is still happening in schools.
Tano, currently the Dep-Eds education program supervisor of private schools, said the governments
policy is not to tolerate it.
The online edition of Encylopedia Brittanica defines corporal punishment as inflicting of phyical pain
upon a persons body as punishment for a crime or infraction..
Nelma Ople, a 27-year-old mother of two, shared her experience in school corporal punishment 20
years ago.
She said her experience of being beaten up by teachers in Grade 1, as a form of disciple is still fresh
in her memory.
I was called by my teacher to answer on the board a division problem. For five minutes, I was still in
front of the black board staring on my Mathematics book. I was scared because I dont know the
answer. The next thing I knew, my teacher got the book that I was holding and struck me at the back,
hitting my head on the board, she said in Cebuano.

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Nihilak ko atong higayona kay alangan uwaw baya. Imong emotions nagsagol na baya. Ang kauwaw ang kasakit. Sakit baya, sakit gyud uy (I cried at the time, I was humiliated. You have conflicting
emotions of pain and embarassment. It was painful), she added.
Nelma said when she and her classmates get zero in their tests, they were ordered to place their
hands in the table so they can be beaten with a stick.
She recalled a seatmate who used white glue every after tests.
He told us to spread it evenly in our palms so that when were beaten by the stick, the impact is not
that painful, Nelma said.
At that time there was no law yet against corporal punishment in schools.
Public policy on punishment
Today, the Department of Education is already institutionalizing Personal Safety Lessons (PSL) in
both elementary and secondary schools nationwide with the view of creating a child-friendly
environment at all levels.
This is in keeping with Section 13, Article 11 of the Philippine Constitution and Section 32 of Republic
Act 7610 otherwise known as An Act Providing for Stronger Deterrence and Special Protection
against Child Abuse, Exploitation and Discrimination.
Tano said, there are punishments made by the school but we never tolerate corporal punishment.
The school can discipline a child but there are limitations. We dont impose corporal punishments,
he added.
Corporal punishment, he said, include inflicting physical harm and verbal abuse.
DePEd procedures on complaints
The DepEd has created a school grievance committee in public schools to deal with complaints on
corporal punishment.
This committee is mandated to investigate complaints against corporal punishment by parents and
pupils.
We have rules of procedure regarding handling administrative cases. If its oral complaint, the one
who will take action is the principal. The principal will call the child and the accused teacher together
with the parents. If the teacher will acknowledge that she did it, she will be reprimanded, Tano said.
The teacher will be advised. If the parents will understand the side of the teacher, the teacher will
promise that it will be on record. The next time she will do it, she will be recommended for disciplinary
sanctions, added Tano.
Why corporal punishment?

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Elizabeth Duma, guidance counselor of St. Theresas College said the heavy workload may have
something to do with teachers short temper which in some cases result in them hitting their pupils.
Such teachers may have a hard time coping with childrens energy and restlessness, she said.
With so many sessions in the morning and in the afternoon, that will be too taxing for the teachers,
Duma said.
Domestic problems at home could aggravate the stress teachers face in their work.
Duma said teachers are just human beings who bear a lot of pressure and problems at home and in
school.
Teachers faced with this situation, may find inflicting physical harm on pupils as an outlet.
But she said this only compounds the problem as violence is very traumatic to children.
If the gravity of the abuses is severe, then therapy or therapeutic treatment is needed for these
abused children, Duma said. /Tweeny Malinao, Correspondent

Students and teachers crossing the line

*Nadine saw her History professor getting on the same Taft-bound MRT train as she was. He didnt
see her, but from afar, she saw her professor holding hands with a stranger. She moved closer to the
couple only to find out that her professor was holding hands with her batch mate, who was at least 10
years younger than the professor.
Professors and teachers are supposed to co-exist in a professional environment. Students are
allowed to consult with their professors using a schedule the professor prescribes at the beginning of
the term. It is expected that such consultations will serve as an extension of the classroom lectures
and discussions. Queries on the curriculum offered are also welcome during the consultation hours.
However, there are some cases when this professional relationship shifts into a deeper kind. *Tintin, a
student from the College of Liberal Arts, admits that she had a romantic relationship with one of her
professors during her early years in the University.
I was adjusting to the environment and he came to me as a nice teacher willing to help, Tintin
shares. Despite the difficult part of pretending that she and her professor were not in a relationship,
she decided to continue to pursue the relationship and admitted that academic benefits do arise when
a student gets romantically inclined with his or her professor.
Subheading
*Nadines attention was caught by the intimate affection publicly displayed by the couple. She informs
The Lasallian that such actions did not stop until they reached the campus. She also always sees the
professor and her batch mate together in school and at times, even hugging each other in campus.

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The concern for the growing number of student-professor relationships and how such relationships
get exposed to other students and the members of the academe is very much present in the
University.
An assistant lecturer and DLSU graduate shares that there are many cases of student-professor
relationships because of the decreasing age gap between students and newly hired professors. He
continues that at times, DLSU graduates who pursue teaching careers in the University get life
partners from the student body.
Student-teacher relationships have been a concern for most universities and schools in the past
decades. Revisions of the schools codes of conduct and policies regarding such relationship have
extensively reviewed.
DLSU is not an exception. Frequent revisions are made in both the faculty and the student
handbooks to accommodate the increasing need to set limitations of student-professor relationships.
The handbooks do not have specific guidelines on allowing or prohibiting student-professor
relationships, but policies and guidelines for the prevention and investigation of sexual harassment is
included in the student manual under Appendix K.
It can be harassment
According to a member of the Faculty Association (FA), student-professor relationships are
considered harassment cases. A Commercial Law Department professor affirms that cases of
student-professor relationships can be tried under the Anti-Sexual Harassment Act of 1995.
Sec. 3 of the act defines sexual harassment as Work, education or training-related sexual
harassment is committed by an employee, manager,teacher, instructor, professor, coach, trainer, or
any other person who, having authority, influence or moral ascendancy over another in a work or
training or education environment, demands, requests or otherwise requires any sexual favor from
the other, regardless of whether the demand, request or requirement for submission is accepted by
the object of said act.
This means that romantic relationships between students and professors fall under the definition of
sexual harassment even if both parties entered the relationship consensually. The application of the
law is still unclear in instances when the professor was a former student of the University before the
student-professor relationship started or the couple already had a relationship before being teacher
and student.
The University of California-Berkeley, Yale University, University of Alabama (UA) and other American
schools have included their policies on student-professor relationships in their faculty handbooks.
The faculty in UA is forbidden to initiate or reciprocate sexual or romantic relationships with students
currently enrolled in their classes or under their supervision. If there is a pre-existing relationship with
a student who enrolls in professors, class the professor is required to disclose that information to the
chair of his or her department or the dean of the college, according to a commentary discussing the
ethical dilemma behind student-professor relationships by Lisa Barbella of UA.

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At DLSU, there are different types of offenses that are prohibited by Appendix K of the student
handbook. These include physical assault of a sexual nature, unwanted sexual advances,
propositions or other sexual comments, and retaliations for sexual harassment complaints. Any
complaints or violations against the Anti-Sexual Harassment Act of 1995 will be handled in
accordance with the policies of the University.
Sanctions for sexual harassments vary by the degree of the offense. The sanctions are severe
reprimand, suspension and prejudice to subsequent promotion, and dismissal. The same law
professor previously mentioned affirms that due process is still applied and clear protocols are set by
Committee on Decorum and Investigation to ensure that investigations and hearings are fair.
The complaint can be filed by the aggrieved party or by any person having direct knowledge of the
commission of the harassment.
A question of ethics
The Faculty Association member interviewed in the article admits that very few cases of consensual
relations are reported. The professor recalls only one case of consensual relationship, where a party
filed for sexual harassment. Considering that very few laws tackle consensual student-teacher
relationships, the interviewed professor says that it remains unethical.
In a Supreme Court case, G.R. No. 115795 March 6, 1998, it ruled that, It is but stating the obvious
to assert that 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
behaviour.
However, Cathie Carpio (V, POM-BMG) expresses that ethics is relative. Its whatever helps you
sleep at night, she adds. For students like Carpio, there is nothing unethical about student-professor
romantic relationships.
Another student shares that in her opinion, what is unethical is using the relationship to gain
advantage academically, but recognizes that such relationships can exist because both parties are
old enough to know the consequences and be responsible.
I think prohibiting that kind of relationship takes away an ounce of our [students] rights. I think they
should allow it, Carpio adds.
If the two eventually fall in love this only lends substance to the truism that the heart has reasons
of its own was also the concluding remark of the 1990 Chua-Qua v Clave case of a studentprofessor relationship that ended up in marriage.
However, one DLSU professor insists that There is always a matter of influence or who says who in
any kind of relationship. It just seems that in the student-professor romantic relationship, there are
ethical dilemmas and risks present.
A students close personal friendship, a romantic or sexual relationship with a professor can lead to
conflict of interests. Favoritism and preferential treatment may arise from the relationship. Information
like privacy of grades that need not be disclosed to any student is risked to be divulged.

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Teachers are in a position of authority and trust to foster the intellectual development of their
students. When they engage in sexual relations with a student, they violate that trust implicit in a
professional teacher-student relationship, reminds Brian Martin, a professor from the University of
Wollongong in Australia.
*Names have been changed as requested by the interviewees.

Teaching items for sale, other corrupt practices prevalent in some public schools ACT
MANILA Licensed teachers Athena, Vanessa and Elena (not their real names) came all the way
from Northern Luzon to expose their school principal who allegedly asked for money in exchange for
being granted teaching items or permanent positions.
With their faces covered, the three teachers from Pangasinan province, north of Luzon island, told
their stories before the media in a press conference in Quezon City last August 4. The teachers asked
not to be named, as well as the principal and the school, because the investigation being conducted
by the Department of Education Region 1 Division of City Schools is still ongoing.
In April 2012, the three teachers applied for teaching positions in the said public school. They
resigned from the private schools where they used to teach and obtained their requirements.
I received a call only last April of this year by the head teacher of our school. I was told to report to
work, Vanessa told Bulatlat.com in an interview. She was also told to prepare her papers.
Like Vanessa, Elena and Athena and another teacher Roma also received a call and were also told to
report to work in May. After being interviewed by the principal, the teachers volunteered to participate
in the Brigada Eskwela or school clean up activities in preparation for school year 2013 to 2014.
It was already the last week of May when we noticed that the school principal has not asked us to
submit our papers. Then the principal talked to us and asked us to pay P50,000 ($1,132) each to
process our papers. He said he would talk with the two master teachers to take care of the
processing of our papers, Vanessa said.
Athena said the school principal asked her to buy a La Germania gas range. The principal told me
that the gas range is for the school and I can use it in my teaching. But I do not teach a cooking class.
How can I use that? She suspects that the gas range was for the principals daughter who was also
newly hired in the same school and would teach cooking.
The teachers had no money to shell out for the processing of their papers. They had to acquire
loans to produce the said amount. Elena was able to give P40,000 ($913.97). I was able to loan
P50,000 ($1,132) from my relatives. I gave P40,000 ($913.97) to the principal and I spent the

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remaining P10,000 ($228.49) for my childs needs in school. She felt she had no other choice but to
agree to the principals demand. I was getting frustrated back then and I wanted my papers to be
processed so that my tenure would be secured.
Athena was only able to give P1,000 ($22.85). I just gave birth; my husband was new in his job. We
really have no money to shell out, she said. I was already handing my papers to the principal but he
did not accept it and asked for the gas range. When I gave the P1,000 ($22.85), he finally accepted
my papers.
Vanessa was only able to produce P10,000 ($228.49), which she loaned from a loan shark. My
father just died back then. I am the head of the family now and I support my mothers health
maintenance.
We were really dismayed. This caused us emotional distress. All we know is that once the principal
gets our papers he or she will just submit it to the national office of the Department of Education,
Elena said.
One of the teachers said cases were filed against the principal twice before but nothing happened. It
seems that this principal has connections with the higher ups. He always gets away with his wrong
doings, she said.
Harassment
When the teachers filed a complaint before the Division of City Schools, the principal started
harassing them.
Last June, the principal tried to force Elena, Vanessa and Roma to sign an affidavit stating that they
were not made to pay for the processing. They brought us somewhere. When we arrived there, the
affidavits were ready and a lawyer was there. They wanted us to sign the affidavits but we refused.
We said we did not have with us our Identification cards and licenses. The principal told us to get it
and to return to sign the affidavits; we never came back. We hid somewhere just to make him stop
bothering us, said Elena.
That was a Friday, said Elena, and they were not able to report to work the following Monday
because they were in hiding. They just found out that the principal filed a case of negligence of duty
against them. We never intended to neglect our duty, said Elena.
In a separate instance, Athena was also forced to sign an affidavit. They forced me to sign the
affidavit. I was alone at that time and I could not do anything. But she made another affidavit stating
that she was forced to sign the said document.
The principal is in cahoots with the two master teachers in trying to derail the investigation of the
Division office by forcing us to make false statements, said Vanessa.
Later, the principal once again attempted to make the teachers sign affidavits. A teacher fetched us
from the school and drove us to face an official of the DepEd [Department of Education] where a
lawyer was waiting. But once again, we managed to escape, Vanessa said.

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Even their families were not spared. Athena said the principal told her in-laws, If not for him I would
not have a job.
These incidents made them more determined to file a case against the said principal.
The said principal was also allegedly involved in another corruption case. He allegedly pocketed the
cash prize won by students amounting to P50,000 ($1,132) and P20,000 ($453). The students won in
a street dance competition last February during the town fiesta.
The principal held a meeting with the students without my knowledge. According to the students, the
principal made them sign a paper and told them that if someone asks they should reply that they
received P500 ($11.33) each. I asked some of the students if they really received P500 ($11.33) and
they said no. That is why I sent an inquiry letter to the Commission on Audit (COA) and asked about
the funds because the principal has no supporting documents showing that he indeed gave the
students in the group P500 each, Troy (not his real name) told Bulatlat. He is the groups
choreographer and also a teacher in the said school.
This has to stop, Elena said.
The Alliance of Concerned Teachers (ACT) said the practice of selling teaching items is rampant,
especially in provinces where political patronage is prevalent.
Many teachers are victimized by this kind of system. What is worse is that school principals are the
perpetrators of this (system). They violate the guidelines of Department of Education Order No. 12
series of 2012, ACT chairman Benjamin Valbuena said.
The DepEd order provides the procedure for hiring of teachers, as well as monitoring of division
compliance and grievance and protest procedures.
Teachers go through a rigorous process, said France Castro, secretary general of ACT. She said
that after the teachers have obtained their papers, such as the authenticated certificate of completion
of the Licensure Examination for Teachers and Professional Board Examination for Teachers and
certificates of trainings attended, among others, they are interviewed by the principal. Then after they
do demo teaching and are evaluated positively, they should be appointed. After which, the school
principal should facilitate the processing for teaching items for the said teachers. In this case, their
papers have still not been processed by the principal.
The alleged extortion by the principal is not an isolated case, according to ACT.
We have been receiving complaints through email and Facebook, especially from the Southern
Tagalog region, but the affected teachers are afraid to come out, said Castro.
In Nueva Ecija, Vladimir Quetua, deputy secretary general of ACT, said some teachers were forced to
give their pigs, cow and goats in exchange for teaching items.
Worse are the reported cases of sex in exchange for teaching items. Because the system is feudal,
many principals are abusing their power, Quetua said.

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That is why we commend these teachers for their courage to come out, Castro said.
Quetua also said some principals have been withholding the salaries of teachers. There is one case
in Central Luzon where the principal did not give the salary of a teacher for three months. The
principal reportedly told the teacher to choose only one from the three checks, which is supposedly
her salary for three months. We fought for that and the principal eventually gave her salary.
We denounce these corrupt practices. These teachers are qualified and are professionals. They do
not deserve this kind of treatment, said Castro.
But despite their traumatic experience, Athena, Elena and Vanessa said they would still continue
teaching in the said school even with the tense atmosphere. The school is divided between us and
the teachers who support us and the principal and his cohorts. But even if the working atmosphere is
not harmonious, we still have a responsibility to our students. They need us, Vanessa said.
The teachers demand for the principals preventive suspension. We hope that something will be
done in this case. Until he is reprimanded, many more teachers will be victimized by his corrupt
practices, said Vanessa.
ACT encourages all victims of corrupt practices to come forward and file a complaint against corrupt
school officials.
This principal should be punished. If the Aquino administration is really sincere in its anti-corruption
drive then it should act on this (case), Valbuena said.

Teacher accused of sexual harassment

CEBU, Philippines - A private school owner and teacher was accused of sexual harassment and child
abuse by a 14-year-old male student in Lapu-Lapu City.
The mother of the victim reported the alleged sexual harassment at the Lapu-Lapu City Police Office.
Based on the victims account, the incident happened inside the school bus on October 16 while he
was heading home.
The victim, whose name withheld by The FREEMAN, said the suspect was the one driving the school
since the school driver resigned. According to the victim, while the other students were already
brought home he was asked by the teacher to sit beside him.

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The victim obliged out of respect to the teacher. The suspect later asked if he could kiss him on the
cheek which he also agreed thinking that the teacher did not have any malice.
However, the teacher allegedly kissed his lips and touched his private part. The student said he was
given P30 by the suspect and warned not to tell anyone about what happened.
The incident allegedly resulted in the victims trauma. In fact, he is currently undergoing psychological
counseling because of the trauma that he has endured.
22 Students charged Valenzuela Teacher for Sexual Harrasment
Schools should be more discerning about the teachers they hire.
"James Lynn, a 61-year-old teacher, was arrested earlier this week after the students of Malinta
National High School in Valenzuela City filed complaints against him for reportedly sexually harassing
them," reports Rey Galupo in The Philippine Star.
According to Police Inspector Josephine Dalumpines, the first one to file a complaint was a 13-yearold girl who revealed that "Lynn, their MAPEH (music, arts, physical education and health) teacher,
tried to give her a ring in front of her classmates and called her mahal (beloved).'"
The report noted: "The girl then alleged that after Lynn ordered everyone to go outside for their
physical education class, he put his hands in her blouse and pulled her bra strap."
The report added that "after learning of James Lynns arrest, 21 more students from the same school
filed similar complaints against him."
Lynn will be charged with multiple counts of unjust vexation in relation to Republic Act 7610, the child
abuse law.
Filipino teachers declared World Teachers Day a day of indignation over murder of Teacher
Emok, 21 pesos proposed wage adjustment
Manila, Philippines The public school teachers under the Alliance of Concerned Teachers today
celebrated the 2015 World Teachers Day through series of nationwide protest actions to call for
justice over the brutal killing of Alternative Center of Agricultural Development (ALCADEV) executive
director Emerito Emok Samarca and to protest the P21 proposed salary adjustment for teachers
and public employees.
The Philippine Constitutions Article XIV, Section 5 clearly states the government must allot the
highest budgetary allocation to education and that salaries for the teachers must give satisfaction
and fulfillment to them. The current pay scheme of government fails to fulfill these criteria. Salaries of
public school teachers do not compare favorably with other occupation in government. A duly licensed
professional teacher earns P18,549 a month, substantially less than a high school graduate who
enters the Philippine Military Academy as a cadet who has a monthly salary of P21,709 per month,
said France Castro, Alliance of Concerned Teachers Philippines secretary-general.

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The salaries of public school teachers are currently unable to ensure a reasonable standard of life for
themselves and their families. According to the study of IBON Foundation, the Family Living Wage
(FLW) in the National Capital Region, estimated at P1, 054 per day or more than P31, 620 per month,
which means that many teachers resort to borrowing from government financial institutions such as
the Government Service Insurance System, private lending institutions, or loan sharks in order to
cope with this living salary gap.
We are aghast with his (PNoy) announcement that only a meager 5% salary adjustment to be
implemented for the public school teachers and employees next year. 5% of P18, 549 is P927 and
will only give us (teachers) P21 per day. This is not an increase but is rather a testament to the total
disregard of PNoy to our poor plight. We are asking for a substantial increase and not for alms! With
the sacrifice and service we are doing for the Filipino people, our demand is just and legitimate. Kahit
pulubi hindi tatanggapin ang limus na ito! stressed Ms. Castro.
Since 2012, teachers had been clamoring for a pay adjustment as stated in the Salary
Standardization Law III. The Magna Carta for Public School Teachers on the other hand stipulated
that teachers pay should be able to provide them and their families a decent standard of living.
Clearly, there is reason for this just and humane demand and we press for the immediate passing of
HB 245 proposed by ACT Teachers Party-list which aims to raise the entry level pay of public school
teachers to P25,000 from P18,549 per and of the non-teaching staffs from P9,000 to P15,000 per
month, added Ms. Casstro.
Aside from protesting the centavo increase, teachers are also raged over the brutal murder Teacher
Emok Samarca, executive director of ALCADEV, an alternative school serving the Lumad of Surigao
del Sur.
Since August 30, 2015, soldiers belonging to 36th Infantry Brigade of the Armed Forces of the
Philippines has been occupying the Lumad community together with members of the paramilitary
group Magahat Bagani Force. Both the soldiers and the paramilitary have been issuing threats
against the teachers and staff of ALCADEV that they will be killed and were given only two days to
leave the school. Teacher Emok was held and detained by the armed members of Magahat Bagani.
He was last seen tied in the neck, arms and legs and brought inside one of the ALCADEV
classrooms. He was found dead inside the classroom with a slit in the neck and multiple stab wounds.
He was brutally murdered because of his passion towards giving quality and relevant education to the
Lumad youth of Surigao del Sur. The Lumad has been denied the most basic social services like
education for decades already and this heinous crime is designed to further deny them their right for
education and other social services. PNoy and Secretary Luistro are equally liable on this after the
latter issued DepEd Memorandum # 221 which allowed the entry and use of soldiers for their military
activities and operations. Their hands are tainted with blood like the soldiers and the Magahat
Bagani, pointed out Ms. Castro.
While our fellow educators and fellow Filipinos in Mindanao are being brutally killed, he (PNoy) is
squeezing us also to death in the form of low salary and benefits, higher taxes and skyrocketing
increases in the prices of basic commodities and services. Clearly, his tuwid na daan is nothing but
an empty rhetoric aimed at making the lives of the common Filipinos miserable. The Filipino teachers

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has nothing to celebrate for this years World Teachers Day for are neglected, insulted and killed,
ended Ms. Castro.

Teachers deaths add weight to call for salary increase ACT

MANILA A harsh reality.
The killing of teachers who failed to pay their debt adds weight to our long time demand for salary
increase, France Castro, secretary general of the Alliance of Concerned Teachers (ACT) said after
four teachers were shot dead by a policeman at the Pangasinan National High School (PNHS) on
Monday, Sept. 1.
Castro said their group condoles with the families and joins calls for justice for the killed teachers.
She said it is a sad reality that because of the meager salary given to teachers, they are now
burdened by multi-loans just to make both ends meet.
The teachers identified as Acidello Sison and Linda Sison, both from the PNHS, Florenda Flores,
from Labrador National High School and loan collector Jonalito Urayan were killed by Police Officer
3 Domino Alipio, who went on a shooting spree after he failed to collect loan payments. Alipio was
arrested after the incident.
ccording to a news report, PNHS Principal Florante Tamondong said the teachers who have loans to
Alipio were receiving death threats weeks prior to the shooting. Linda Sison, according to
Tamondong, owed Alipino up to more than P200,000 ($4,586.55).
At least 39 teachers and employees from PNHS have loans to policeman Alipio who is engaged in
money lending.
The teachers and the loan collector were killed inside the PNHS premises. Four other teachers were
also reportedly wounded.
Borrowing money to survive
Castro said borrowing money from different lending institutions has been a way of life for the majority
of public school teachers.
As a matter of fact, teachers pawn their ATM cards to secure loans because their basic pay cannot
meet their familys needs. The exorbitant interest fees on those loans compound their problems.
An entry level teacher is currently receiving P18,495 ($424) per month while a non-teaching
personnel is receiving P9,000 ($206) per month. Our meager wages also pays for the materials we
need for our teaching, Castro said.

Prices of basic commodities and services like education and health went up tremendously over the
past years, but our demand for salary increase fell on deaf ears. The situation is aggravated by

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President Benigno S. Aquino IIIs removal of some of our benefits like the Performance Enhancement
Incentive and Performance Incentive Bonus, she added.
ACT has been pushing for the salary increase of teachers and non-teaching personnel. The teachers
group has conducted several campaigns and protest actions demanding salary increase from the
Aquino government, but Castro said their calls were unheeded.
This incident is very saddening. But what is more saddening is that the Aquino government remains
blind and deaf to the reality and correctness of our call for salary increase, Castro said.
Castro said they joined other sectors that filed an impeachment complaint against Aquino for his
illegal use of public funds that should be spent for social services like education and health as well as
for the salary increases. The three impeachment complaints against the president were all junked by
the House Committee on Justice this week.
This unfortunate incident will serve as an inspiration for us teachers to intensify our campaign for
decent and living wages, Castro said.
Meanwhile, the Department of Education (DepEd) also extends their condolences to the families of
the victims. In a statement, the DepEd said, We maintain that schools are zones of peace where the
safety and well-being of students, teachers, and personnel are of utmost importance.
The DepEd committed to foster a sense of normalcy by providing the necessary psychological
interventions to the community of PNHS. We enjoin local authorities to persevere in ensuring that
justice prevails.

Teacher-victims of recruitment agency file case of human trafficking

MANILA Working in the United States is not just a dream for Loel Naparato, 48, a teacher of 19
years.
It could have been a means to secure a better future for her three children. But this was snatched
away from her.
Sometime in April 2012, Naparato saw an online advertisement on a job offering for teachers who
want to work in the United States. Two months later, she inquired about the offer for a teaching job in
the US at the Renaissance Staffing Support Center, formerly Great Provider Service Exporters, an
agency owned by a certain Isidro Rodriguez.
Naparato, during their orientation sometime in June 2012, was presented with a work flow, a guide
they would follow so they could proceed with their application. The said workflow would begin upon
payment of $6,334.
I asked why it was not the other way around and that they should process my papers first before I
pay. But we were told that the application process is different in the US. They claimed that payment is

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necessary before they could begin processing my papers. We were told that we can leave within 90
days, Naparato said.
On Aug. 16, 2012, she trustingly handed $6,334 to Renaissance for the supposed processing of her
papers to the United States. She waited for three months before calling the recruitment agency for
updates. She later on learned that applicants who were able to leave within 90 days were just lucky
and that she would have to wait for a year.
The staff of Renaissance provided Naparato with positive updates whenever she inquired about why
she has not yet been given a teaching job in the US. She was subsequently asked to pay more. One
time Naparato was informed that her work permit has been approved and that she would need to pay
another $4,456 as service fee and $1,594 for her house rental in the US.
She also gave Renaissance $190 on October 18, 2013 for her embassy fee. After each payment, she
had difficulties contacting the staff of Renaissance.
Naparato was even scheduled for a US embassy interview. But these schedules were postponed
twice purportedly because Rodriguez was not available to accompany her. She wondered why the
agency owner would need to accompany her.
Soon, Naparato noticed that the employees of the recruitment agency were no longer welcoming.
She was told that she could only visit their office by appointment.
On Nov. 6, 2013, Naparatos interview at the US embassy was postponed for the third time. Two days
later, Naparato learned about the entrapment operation of the National Bureau of Investigation
against Rodriguez.
I want this case to be resolved. I hope that they would return our money. I need to pay the debt I
incurred with interest, Naparato said.
She incurred a $5,712 debt from the Manila Teachers Savings and Loans Association, $6,855 from
the Government Service Insurance System and another $3,884 from an individual.
Though Naparato was reinstated in her teaching post, she estimated that she would not receive a
single centavo of her salary for five years as she would have to pay all her debts.
Naparato is one of the many teachers victimized by Rodriguez. Most of them have been teaching for
four to 20 years. They mortgaged their homes, sold their cars, used the retirement pay of their
parents, and incurred debts from government agencies, private lending agencies, and loan sharks to
pay for the fees asked by the agency.
During a general assembly of the teacher-victims, they said they did not immediately think that it was
a scam since the agency is in good standing, based on the records of the Philippine Overseas
Employment Administration.
A case of human trafficking

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Some teachers who were recruited by Rodriguez eventually arrived in the US. Upon arriving there,
however, the jobs promised to them were nowhere to be found.
On Apr. 23, 2014, Philippine-based teachers, who were joined by their colleagues in the US through
Skype, held a press conference.
The teachers in the US shared how they begged for money to buy food and pay for their house rent
for the two years that they could not find work.
Noel, one of the US-based teachers, said via Skype that there are 12 teacher-victims in San
Francisco. There could be more as others preferred to process their T Visa, a type of visa that allows
victims of human trafficking to remain temporarily in the US, on their own.
Some, he said, married US citizens so that they could stay and work in the US.
Noel was first deployed in North Carolina. He went to her sister in San Francisco where he found a
job in a day care school. When Rodriguez learned of this, the recruiter offered to refund his money if
he would help the teachers the agency recruited.
Noel denied rumors that he is Rodriguezs business partner. That is not true. I helped the teachers
because I know what they are going through, he added.
The US-based teachers have already filed human trafficking cases against Rodriguez in the US and
have been granted T-Visas (trafficked visas) by US courts. Meanwhile, majority of the teachers
remain in the country and only learned about Rodriguez scam when he was arrested last November
2013. The Philippine-based teachers have filed cases of estafa and illegal recruitment in large scale
against Rodriguez et al, while two batches have already filed trafficking in persons cases against
him, Migrante International said in a statement.
Families affected
Many of the teachers who were victimized have yet to inform their families about what happened.
Some who managed to tell their families are having difficulties dealing with it. Their children would not
talk to them after being told that they could no longer attend school because there is no more money
and that their parents are heavily indebted.
There are others who insulted me and told me that this is what I get for being too ambitious. I used to
take these words seriously. But now I am taking in in stride. Whenever they ask me when I would
leave for the US, I tell them, I am already in the States, a state of calamity, one of the teachers said
during a general assembly of the victims organized by Migrante International.
Another teacher said his fathers life is now on the line because of the incident. She used her fathers
retirement pay to apply for the supposed teaching job in the United States. Her father is now sick but
could not afford hospitalization because their money is in Isidros hands.
Why human trafficking?

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Though Rodriguez was earlier charged with estafa and illegal recruitment in large scale, another
batch of teachers filed a human trafficking case against him.
Republic Act No. 9208 or the Expanded Anti-Trafficking in Persons Act of 2012 defined trafficking of
persons as the recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining,
harboring or receipt of persons with or without the victims consent, within or across national borders
by means of threat, or use of force, or other forms of coercion, abduction, fraud, deception, abuse of
power or of position, taking advantage of the vulnerability of the person, or the giving or receiving of
payments or benefits to achieve the consent of a person having control over another person for the
purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or
other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of
organs.
In a video message to the teachers during their general assembly, Alnie Foja, lawyer of the teachers
who filed the human trafficking case, explained that the elements of trafficking, which are exploitation,
deceit, debt-bondage, involuntary servitude, among others were experienced by the teachers.
Foja explained that the affidavit of teachers who filed the human trafficking case against Rodriguez
showed how the accused abused his power to solicit the exorbitant fees against the victims. Their
statement, she added, also showed how the deception was made for the purpose of exploitation.
We all know that it is not the intention of Mr. Isidro Rodriguez to provide the teachers with a better
future, Fojo said.
Migrante International said the rules of the Philippine Overseas Employment Administration stipulate
that the local agency should be independent from a foreign recruitment agency. However, Green Life
Care International, a New York-based recruitment agency, is also owned by Rodriguez.
Though there were teachers who were actually deployed to the US, Sarah Katrina Maramag,
campaign coordinator of Migrante International, said this was used excessively by the recruitment
agency to make others here in the Philippines wait and spend more money for their application.
Teachers, during the forum, said that even when Rodriguez was already detained, he still tried to
convince the teachers that if only he was not in jail, he could proceed with the processing of their
application to the US.
Support from progressive groups
During the forum, ACT Teachers Rep. Antonio Tinio said the entire Makabayan bloc in the House of
Representatives would support the fight of the teachers, adding that there is a connection between
the fight for a decent wage and the cases of trafficking in the country.
They are being lured to these offers because they bear the brunt of making both ends meet,
Gabriela Rep. Emmi De Jesus said, adding that even those considered as among the ranks of
professionals are now vulnerable to such syndicates.
In a previous statement, Gabriela said that the continuing cases of human trafficking are a result of
the intensification of labor export policy in the country.

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Many of them fall for the scam because they wanted a way out of being underpaid but overworked
public school teachers, Joms Salvador, secretary general of Gabriela, said in a statement.
Kilusang Mayo Uno chairperson Elmer Labog, for his part, said such case is not only happening
among the ranks of teachers but also to workers in other sectors, who are victims of
contractualization and the two-tired wage system.
He urged the teachers to not be afraid of going public to expose the syndicate. These recruiters, he
added, cannot thrive on their own and are surely in connivance with government officials.
Filipino groups based in the US also expressed support for the teachers.
This illegal recruitment and trafficking scheme made us suffer in slave-like conditions and in debt
bondage. We sacrificed so much just to try to support our families back home and we are still trying to
survive day by day, Ma. Fen Ecleo, one of the trafficked teachers who arrived in the US and now cochairperson of Gabriela Washington DC, said.
The Philippine government hails overseas Filipino workers as modern day heroes and yet in their
time of need, the OFWs are treated with apathy, Jo Quiambao, co-chairperson of Gabriela-DC, said,
Workers remittances to the country keep the economy afloat but the government fails to address the
concerns and well-being of distressed OFWs.