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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 CRCs Preamble states, children are entitled to special
care and assistance, should be raised in an atmosphere of happiness, love
and understanding, and, by reason of [their] physical and mental
immaturity, [need] special safeguards and care.

And we are not exactly lacking in laws, rules and regulations made especially
for the welfare of children and specifically applicable to teachers (and
schools) regarding their roles towards their students: the Constitution, the
Family Code, the Civil Code, the Anti-Bullying Act, and DepEd Order No. 40 s.
2012.

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 victims psyche and/or emotional well-
being;
b. Any slanderous statement or accusation that causes the victim undue
emotional distress like directing foul language or profanity at the target,
name-calling, tormenting and commenting negatively on victims looks,
clothes and body; and

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, theDepartment of Education issued DepEd Order
No. 40 s.2012, the DepEd Child Protection Policy (or the Policy and
Guidelines on Protecting Children in School from Abuse, Violence,
Exploitation, Discrimination, Bullying and Other Forms of Abuse).

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:

A. 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:
B. Keep them in their company and support, educate and instruct them
by right precept and good example;
C. Give them love and affection, advice and counsel, companionship and
understanding;
D. Enhance, protect, preserve and maintain their physical and mental
health at all times;
E. 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;
F. Represent them in all matters affecting their interests;
G. Inculcate the value of respect and obedience;
H. 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;
I. Perform such other duties as are imposed by law upon them, as
substitute parents or guardians; and
J. School personnel shall also strictly comply with the schools 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
schools 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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