The Teacher as an Advocate of Child Protection Policy

Introduction (10mins)
- Constitutional Mandate
- Code of Conduct for Professional Teachers Salient Features

List of Applicable Laws and Some Related SC Jurisprudence

1. DepED Order No. 40, Series of 2012 (CCP) (30mins)
- Anti-Bullying Law (RA 10627)
- Anti – Child Abuse Law (RA 7610)
2. Juvenile Delinquency Act (RA 9344) (10mins)
3. Anti – Sexual Harrassment Act (RA 7877) (10mins)
4. Civil Code Provisions (Art. 2180) (5mins)
5. Family Code Provisions (Art. 218, 219) (5mins)
6. RPC Provision – Art. 148, 151 on Direct Assault (5mins)
7. Questions/Concerns/Additional Info/Suggestions (5mins)

INTRODUCTION

1,700 cases of bullying reported

(SOURCE: https://www.philstar.com/metro/2014/07/28/1351137/1700-cases-bullying-reported)

MANILA, Philippines - The Department of Education (DepEd) documented more than 1,700
cases of child abuse and bullying in school year 2013-2014 after Republic Act 10627, the Anti-Bullying
Act, was passed last year. However, the DepEd said 60 percent of these cases have already been
resolved.

Education Secretary Armin Luistro said violence takes many forms – peer-to-peer bullying,
gender-based discrimination, physical assault, psychological punishment, public ridicule, and sexual
harassment. “Bullying and other forms of violence in schools should be viewed not just a school
problem but as societal problem as well,” he said.

Luistro said RA 10627 paved the way for a heightened awareness against child abuse. It has
helped advance the DepEd’s Child Protection Policy (CPP) through the creation of Child Protection
Committees in school divisions, he added. Luistro said RA 10627 requires public and private
elementary and secondary schools to adopt policies to deal with bullying to provide a safer
environment for students.

“At present, 93 school divisions in seven regions have their respective pool of trainers, who are
expected to roll out and to capacitate school personnel in handling child abuse and bullying cases,”
he said.

Luistro said teachers humiliating students face administrative sanctions under the CPP and RA
7610, the Special Protection of Children Against Abuse, Exploitation and Discrimination.

The DepEd continues to equip teachers and school principals with knowledge of the
government’s child protection policies through a series of forums and consultations, he added. Luistro
urged the public to report cases of bullying against students in public schools to the Child Protection
Committee so appropriate action could be taken.
I. RELATED CONSTITUTIONAL PROVISIONS TO PROTECTION OF CHILDREN

Article II, Declaration of State Principles and Policies

Section 11. The State values the dignity of every human person and guarantees full respect for human rights.

Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect
their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and
nationalism, and encourage their involvement in public and civic affairs.

Section 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster
patriotism and nationalism, accelerate social progress, and promote total human liberation and development.

Article III, Bill of Rights

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any
person be denied the equal protection of the laws.

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right
of the people peaceably to assemble and petition the government for redress of grievances.

Section 17. No person shall be compelled to be a witness against himself.

Section 18. No person shall be detained solely by reason of his political beliefs and aspirations. No involuntary
servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly
convicted.

Section 19. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither
shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress
hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. The
employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use
of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.

ARTICLE XIII, SOCIAL JUSTICE AND HUMAN RIGHTS

Section 1. The Congress shall give highest priority to the enactment of measures that protect and enhance the
right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural
inequities by equitably diffusing wealth and political power for the common good.

ARTICLE XIV, EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS

EDUCATION
Section 1. The State shall protect and promote the right of all citizens to quality education at all levels, and shall
take appropriate steps to make such education accessible to all.

Section 3. xxx All educational institutions shall inculcate patriotism and nationalism, foster love of humanity,
respect for human rights, appreciation of the role of national heroes in the historical development of the
country, teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral
character and personal discipline, encourage critical and creative thinking, broaden scientific and technological
knowledge, and promote vocational efficiency.

ARTICLE XV, THE FAMILY

Section 3. (2) The State shall defend: xx 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.

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II. Salient Features of Teachers’ Code of Professional Conduct in relation to Child Protection

Article VIII: The Teachers and Learners

Section 1. A teacher has a right and duty to determine the academic marks and the promotions of learners
in the subject or grades he handles, provided that such determination shall be in accordance with
generally accepted procedures of evaluation and measurement. In case of any complaint, teachers
concerned shall immediately take appropriate actions, observing due process.

Section 2. A teacher shall recognize that the interest and welfare of learners are of first and foremost
concern, and shall deal justifiably and impartially with each of them.

Section 3. Under no circumstance shall a teacher be prejudiced or discriminate against a learner.

Section 4. A teacher shall not accept favors or gifts from learners, their parents or others in their behalf in
exchange for requested concessions, especially if undeserved.

Section 5. A teacher shall not accept, directly or indirectly, any remuneration from tutorials other what is
authorized for such service.

Section 6. A teacher shall base the evaluation of the learner’s work only in merit and quality of academic
performance.

Section 7. In a situation where mutual attraction and subsequent love develop between teacher and
learner, the teacher shall exercise utmost professional discretion to avoid scandal, gossip and preferential
treatment of the learner.

Section 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.

Section 9. A teacher shall ensure that conditions contribute to the maximum development of learners are
adequate, and shall extend needed assistance in preventing or solving learner’s problems and difficulties.

Article XI: The Teacher as a Person

Section 1. A teacher is, above all, a human being endowed with life for which it is the highest obligation to
live with dignity at all times whether in school, in the home, or elsewhere.

Section 2. A teacher shall place premium upon self-discipline as the primary principle of personal behavior
in all relationships with others and in all situations.

Section 3. A teacher shall maintain at all times a dignified personality which could serve as a model worthy
of emulation by learners, peers and all others.

Section 4. A teacher shall always recognize the Almighty God as guide of his own destiny and of the
destinies of men and nations.

Article XII: Disciplinary Actions

Section 1. Any violation of any provision of this code shall be sufficient ground for the imposition against
the erring teacher of the disciplinary action consisting of revocation of his Certification of Registration and
License as a Professional Teacher, suspension from the practice of teaching profession, or reprimand or
cancellation of his temporary/special permit under causes specified in Sec. 23, Article III or R.A. No. 7836,
and under Rule 31, Article VIII, of the Rules and Regulations Implementing R.A. 7836.
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III. Salient Features of DepED Order No. 40, otherwise known as Child Protection Policy, in
connection to Anti – Child Abuse Law (RA 7610) and Anti – Bullying Act (RA 10627)

STATISTICS AND STUDIES

Violence, Physical, Verbal and Sexual Abuse Inflicted by Teachers & Other School Personnel

- 3 out of 10 children in Grades 1-3 and almost 5 out of 10 from high school experienced physical violence (such as
pinching and hitting) committed by teachers;

- 4 out of 10 children in Grades 1-3 and 7 out of 10 in higher grade levels experienced verbal abuse by their
teachers;

- 36.53 % of children in Grades 4-6 and 42. 88% of high school students experienced verbal sexual violence in
school and 11.95% of children in Grades 4-6 and 17.60% of high school students have experienced inappropriate
touching.

Physical, Verbal and Sexual Abuse and Violence Among Children, (i.e. Bullying, etc.)

- 73.58% of children in Grades 4-6 and 78.36% in high school surveyed in urban areas have suffered verbal abuse
violence from their peers;

- 30.17% of children in Grades 4-6 and 37.57% in high school surveyed in rural areas have experienced physical
abuse or violence committed by their peers;

- 26.74% of children in Grades 4-6 and 43. 71% in high school in urban areas surveyed have experienced verbal
sexual abuse committed by their peers and 9.65% of Grades 4-6 and 17.71 of high school students experienced
inappropriate touching.

Source: “Towards A Child-Friendly Education Environment”,

PWU-CWC-UNICEF for Plan Philippines in 2009

Summary of Reports on Bullying, Child and Sexual Abuse Cases (SY 2012-2013, including those reports
submitted to DEPED as of September 2013)
 The Convention on the Rights of the Child (CRC) aims to protect children from all forms of
physical or mental violence, injury and abuse, neglect or negligent treatment maltreatment and
exploitation, including sexual abuse.

HENCE, THE “POLICY AND GUIDELINES ON PROTECTING CHILDREN IN SCHOOL FROM

ABUSE, VIOLENCE, EXPLOITATION, DISCRIMINATION, BULLYING AND OTHER FORMS OF
ABUSE” also known as DepED Order No. 40, Series of 2012, which aims: 1) to protect the child from
all forms of violence that may be inflicted by adults, persons in authority as well as their fellow
students, including bullying; 2) to provide special protection to children who are gravely threatened
or endangered by circumstances which affect their normal development and over which they have no
control, and to assist the concerned agencies in their rehabilitation; 3) to ensure that such special
protection from all forms of abuse and exploitation and care as is necessary for the child’s well-being,
taking into account the primary rights and duties of parents, legal guardians, or other individuals who
are legally responsible and exercise custody over the child; and 4) to have zero tolerance for any act
of child abuse, exploitation, violence, discrimination, bullying and other forms of abuse.

DEFINITION OF SOME TERMS:

CHILD - refers to any person below eighteen (18) years of age or those over but are unable to fully
take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or
discrimination of physical or mental disability or condition (RA 7610). It also includes pupils or
students who may be eighteen (18) years of age or older but are in school.

CHILDREN IN SCHOOL - refers to bona fide pupils, students or learners who are enrolled in the basic
education system, whether regular, irregular, transferee or repeater, including those who have been
temporarily out of school, who are in the school or learning centers premises or participating in
school sanctioned activities.

PUPIL, STUDENT OR LEARNER - a child who regularly attends classes in any level of the basic
education system, under the supervision of a teacher or facilitator.

PROHIBITED ACTS
a. Child abuse; e. Corporal punishment;
b. Discrimination against children; f. Bullying or peer abuse; and
c. Child exploitation; g. Any analogous or similar acts
d. Violence against children in school;

CHILD ABUSE – refers to the maltreatment of a child whether habitual or not, which includes the
following :
1. Psychological or physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment.
2. Any act or deeds or words which debases, degrades or demeans the intrinsic
worth dignity of a child as a human being.
3. Unreasonable deprivation of the child’s basic needs for survival such as food and
shelter; or
4. Failure to immediately give medical treatment to an injured child resulting in
serious impairment of his or her growth and development or in the child’s permanent in
capacity or death.
(Section 3 (b) RA 7610)
DISCRIMINATION AGAINST CHILDREN – refers to an act of exclusion, distinction, restriction or
preference which is based on any ground such as age, ethnicity, sex, sexual orientation and gender
identity, language, religion, political or other opinion, national or social origin, property, birth, being
inflicted by AIDS, being pregnant, being a child in conflict with the law, being a child with disability or
other status or condition, and which has the purpose or effect of nullifying or impairing the
recognition, enjoyment or exercise by all persons on an equal footing, of all rights and freedom.

CORPORAL PUNISHMENT – a kind of punishment or penalty imposed for an alleged or actual offense,
which is carried out or inflicted, for the purpose of discipline, training or control, by a teacher, school
administrator, an adult, or any other child who has been given or has assumed authority or
responsibility for punishment or discipline. It includes physical, humiliating or degrading punishment,
including but not limited to the following :

1. Blows such as, but not limited to, beating, kicking, hitting, slapping, or lashing, of any
part of a child’s body, with or without the use of an instrument such as, but not limited to a
cane, broom, stick, whip or belt;
2. Striking of a child’s face or head, such being declared as a “no contract zone”;
3. Pulling hair, shaking, twisting joints, cutting or piercing skin, dragging, pushing or
throwing of a child;
4. Forcing a child to perform physically painful or damaging acts such as, but not limited
to, holding a weight or weights for an extended period and kneeling on stones, salt, pebbles or
other objects;
5. Deprivation of a child’s physical needs as a form of punishment;
6. Deliberate exposure to fire, ice water, smoke, sunlight, rain, pepper, alcohol, or forcing
the child to swallow substances, dangerous chemicals, and other materials that can cause
discomfort or threaten the child’s health, safety and sense of security such as, but not limited
to insecticides, excrement or urine;
7. Tying up a child;
8. Confinement, imprisonment or depriving the liberty of a child;
9. Verbal abuse or assaults, including intimidation or threat of bodily harm, swearing or
cursing, ridiculing or denigrating the child;
10. Forcing a child to swear a sign, to undress or disrobe, or put on anything that will make a
child look or feel foolish, which belittles or humiliates the child in front of others;
11. Permanent confiscation of personal property of pupils, students or learners, except when
such pieces of property pose a danger to the child or to others, and
12. Other analogous acts.

CHILD EXPLOITATION – refers to the use of children for someone else’s advantage, gratification or
profit resulting in an unjust, cruel and harmful treatment of the child. Two forms :
1. Sexual exploitation – abuse of position of vulnerability, differential power, or trust, for sexual
purposes.
2. Economic exploitation – use of the child in work or other activities for the benefit of others.

VIOLENCE 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 :
1. Physical violence – bodily or physical harm. It includes assigning tasks which are
hazardous to their physical well-being.
2. Sexual violence – acts that sexual in nature. It includes, but not limited to : rape, sexual
harassment, forcing the child to watch obsence or indicent shows, forcing the child to engage
in sexual activity.
 3. Psychological violence – acts or omissions causing or likely to cause mental or
emotional suffering of the child.
4. Other acts of violence of a physical, sexual or psychological nature that are prejudicial
to the best interest of the child.

BULLYING OR PEER ABUSE is committed when a student commits an act or a series of acts directed
towards another student, or a series of single acts directed towards several students in a school
setting or a place of learning, which results in physical and mental abuse, harassment, intimidation, or
humiliation.

• Threats to inflict a wrong upon a person, honor or property of the person or on his or her
family;
• Stalking or constantly following or pursuing a person in his or her daily activities, with
unwanted and obsessive attention;
• Taking of property;
• Public humiliation, or public and malicious imputation of a crime or of a vice or defect,
whether real or imaginary, or any act, omission, condition, status, or circumstance tending to
cause dishonor, discredit or expose a person to contempt;
• Deliberate destruction or defacement of, or damage to the child’s property;
• Physical violence committed upon a student, which may or may not result to harm or injury,
with or without the act of weapon. Such violence may be in the form of mauling, hitting,
punching, kicking, throwing things at the student, pinching, spanking, or other similar acts;
• Demanding or requiring sexual or monetary favors or exacting money or property from a
pupil or student; and
• Restraining the liberty and freedom of a pupil or student.

CYBER-BULLYING – is any conduct which results to harassment, intimidation, or humiliation, through

electronic means or other technology, such as, but not limited to texting, email, instant messaging,
chatting, internet, social networking websites or other platforms or formats.

DUTIES AND RESPONSIBILITIES OF SCHOOLS

- Ensure the institution of effective child protection policies and procedures and monitor compliance
thereof;
- Adopt a child protection policy, and organize and convene the Child Protection Committee (CPC)
of the school;
- Conduct the capacity building activities for the members of CPC and Guidance
Counselors/Teachers;
- Ensure that the participatory and other rights of children are respected and upheld in all matters
and procedures affecting their welfare;
- Coordinate with appropriate offices, agencies or instrumentalities for appropriate assistance and
intervention

CHILD PROTECTION COMMITTEE

Composition: 1. School Head/Administrator – Chairperson; 2. Guidance Counselor/ Teacher –Vice
Chairperson; 3. Representative of the Teachers as designated by the Faculty Club; 4. Representative of the
Parents as designated by the PTA; 5. Representative of pupils/students as designated by the Supreme
Student Council; and 6. Representative from the Community as designated by the Punong Barangay,
preferably from the Barangay Council for the Protection of Children

Functions:
1. Initiate information dissemination programs and organize activities for the protection of children;
2. Establish a system for identifying students who may be suffering from significant harm based on any
physical, emotional or behavioral signs;
3. Monitor the implementation of positive measures and effective procedures in providing the necessary
support for the child and for those who care for the child;
4. Ensure that the children’s right to be heard are respected and upheld in all matters and procedures affecting
their welfare;
5. The CPC shall accomplish an Intake Sheet to assess both the victims and the offenders and report actions
taken on the case.

PREVENTIVE MEASURES:

- Capacity Building of School Officials, Personnel, Parents & Students Strategies:

- Conducting sessions, trainings and seminars on positive peer relationships and enhancement of
social and emotional competence;
- Using training modules which include positive and nonviolent discipline in classroom management
and gender sensitivity;
- Integrating and teaching children’s rights in the classroom.

PROCEDURE: Protective & Remedial Measures to Address Bullying and Other Acts of Abuse by a Pupil,
Student or Learner:

- All bullying incidents shall be reported to the School Head.

- The School Head shall in turn inform the parents of the pupils concerned and a meeting shall be held
for that purpose.
- The student shall be referred to the CPC for counseling and other interventions.
- The School may impose Non-punitive Measures in accordance with the principles of Positive and Non-
Violent Discipline.
- Punitive measures will be a last resort.

Penalties :
1st Offense – reprimand
2nd offense and subsequent time – suspension for not more than one (1) week (this is after the offending child
has received counseling or other interventions)

Note: during the period of suspension, the offending child and the parents or guardians may be
required to attend further seminars and counseling.

In all cases where the imposable penalty on the offending child is suspension, exclusion or expulsion,
the following minimum requirements of due process shall be complied with :
1. The child and the parents or guardians must be informed of the complaint in writing;
2. The child shall be given the opportunity to answer the complaint in writing, with the assistance of the
parents or guardians;
3. The decision of the school head must be writing, stating the facts and the reasons for the decisions;
4. The decision of the school head may be appealed as provided in existing rules of the Department.

If the bullying or peer abuse resulted in serious physical injuries or death, whenever appropriate, the
case shall be dealt with in accordance with the provisions of Republic Act No. 7610 and its Implementing Rules
and Regulations.

Depending on the gravity of the bullying committed by any pupil, student or learner, the school may
impose other non-disciplinary measures.

PROCEDURE: Protective and Remedial Measures to Address Corporal Punishment and Other Acts of
Violence Committed by School Personnel

- Expeditious conduct of investigation and reporting of cases;

- School Head or the Schools Division Superintendent shall forward the complaint within 48 hours to the
Disciplining Authority, who shall issue an Order for the conduct of a fact-finding investigation, not later
than 72 hours from submission;
- If the person complained of is a non-teaching personnel, the Schools Division Superintendent shall
cause the conduct of a fact-finding investigation within the same period
 - Criminal and civil liability shall not be a bar to the filing of an administrative case;
- The Revised Rules of Procedure of DepED in Administrative Cases shall apply in all other aspects;
- The identity or other information that may reasonably identify the pupil or student shall remain
confidential; and
- The identity of a respondent-teacher shall likewise be kept confidential.

Assessment & Referral of Victims to the Local Social Welfare and Development Office (LSWDO)

- The School Head may refer the victims and offenders to the local social welfare and development office
(LSWDO) for assessment and appropriate intervention
- The CPC will coordinate closely with the Women and Child Protection Desks of the PNP, the LSWDO,
other government agencies and NGOs, as may be appropriate

Reporting and Monitoring System

- The Intake Sheets will be forwarded to the DepEd Division Office

- The DepEd Division Office will consolidate the reports on incidents and cases of all schools and submit
a Division Report to the Regional Office
- The DepEd Regional Office will consolidate the reports on incidents and cases of the Division Offices
within the Region and submit a Regional Report to the Undersecretary for Legal and Legislative Affairs
- The Central Office will be the Central Repository of Regional Reports

Republic Act No. 10627 (Anti-Bullying Act of 2013)

(Approved on September 12, 2013)
REQUIRING ALL ELEMENTARY AND SECONDARY SCHOOLS TO ADOPT POLICIES TO PREVENT AND ADDRESS
THE ACTS OF BULLYING IN THEIR INSTITUTIONS

BULLYING - any severe or repeated use by one or more students of a written, verbal or electronic expression,
or a physical act or gesture, or any combination thereof, directed at another student that has the effect of
actually causing or placing the latter in reasonable fear of physical or emotional harm or damage to his
property; creating a hostile environment at school for the other student; infringing on the rights of the other
student at school; or materially and substantially disrupting the education process or the orderly operation of a
school; such as, but not limited to, the following:
1. Any unwanted physical contact between the bully and the victim;
2. Any act that causes damage to a victim’s psyche and/or emotional well-being;
3. Any slanderous statement or accusation that causes the victim undue emotional distress; and
4. Cyber-bullying or any bullying done through the use of technology or any electronic means.

Mechanisms to Address Bullying

- The school principal or any person who holds a comparable role shall be responsible for the
implementation and oversight of policies intended to address bullying.
- Any member of the school administration, student, parent or volunteer shall immediately report any
instance of bullying or act of retaliation witnessed, or that has come to one’s attention, to the school
principal or school officer or person so designated by the principal to handle such issues, or both.
- Upon receipt of such a report, the school principal or the designated officer or person shall promptly
investigate.
- If it is determined that bullying or retaliation has occurred, the school principal or the designated school
officer or person shall: (a) Notify the law enforcement agency if the school principal or designee
believes that criminal charges under the Revised Penal Code may be pursued against the perpetrator;
(b) Take appropriate disciplinary administrative action; (c) Notify the parents or guardians of the
perpetrator; and (d) Notify the parents or guardians of the victim regarding the action taken to prevent
any further acts of bullying or retaliation.
- If an incident of bullying or retaliation involves students from more than one school, the school first
informed of the bullying or retaliation shall promptly notify the appropriate administrator of the other
school so that both may take appropriate action.
 Reporting Requirement

- All schools shall inform their respective schools division superintendents in writing about the anti-
bullying policies formulated within six (6) months from the effectivity of the Act.
- Notification shall be an administrative requirement prior to the operation of new schools.
- Every first week of the start of the school year, the schools division superintendents shall compile these
data and report the same to the Secretary of the DepED.

Sanction for Noncompliance

- The Secretary of DepED shall prescribe the appropriate administrative sanctions on school
administrators who shall fail to comply with the requirements under this Act.
- Erring private schools shall likewise suffer the penalty of suspension of their permits to operate.

Other Acts of Abuse - Section 10, RA 7610

Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's
Development: a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to
be responsible for other conditions prejudicial to the child's development; b) Any person who shall keep or
have in his company a minor, twelve (12) years or under or who in ten (10) years or more his junior in any
public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor,
beach and/or other tourist resort or similar places.

SUPREME COURT DECIDED CASES RE: CHILD ABUSE

1. Bongalon v. People, G.R. No. 169533, March 20, 2013

“Not every instance of the laying of hands on a child constitutes the crime of child abuse under
Section 10 (a) of Republic Act No. 7610. Only when the laying of hands is shown beyond reasonable doubt to
be intended by the accused to debase, degrade or demean the intrinsic worth and dignity of the child as a
human being should it be punished as child abuse. Otherwise, it is punished under the Revised Penal Code.

While it may be true that petitioner struck Jayson at the back with his hand and slapped Jayson on the
face, the records did not establish beyond reasonable doubt that his laying of hands on Jayson had been
intended to debase the "intrinsic worth and dignity" of Jayson as a human being, or that he had thereby
intended to humiliate or embarrass Jayson. The records showed the laying of hands on Jayson to have been
done at the spur of the moment and in anger, indicative of his being then overwhelmed by his fatherly concern
for the personal safety of his own minor daughters who had just suffered harm at the hands of Jayson and
Roldan. With the loss of his self-control, he lacked that specific intent to debase, degrade or demean the
intrinsic worth and dignity of a child as a human being that was so essential in the crime of child abuse.”

2. Torres v. People January 18, 2017, G.R. No. 206627

“Although it is true that not every instance of laying of hands on the child constitutes child
abuse, petitioner's intention to debase, degrade, and demean the intrinsic worth and dignity of a child
can be inferred from the manner in which he committed the act complained of. To note, petitioner used a
wet t-shirt to whip the child not just once but three (3) times. Common sense and human experience would
suggest that hitting a sensitive body part, such as the neck, with a wet t-shirt would cause an extreme amount
of pain, especially so if it was done several times. There is also reason to believe that petitioner used excessive
force. Otherwise, AAA would not have fallen down the stairs at the third strike. AAA would likewise not have
sustained a contusion.

Indeed, if the only intention of petitioner was to discipline AAA and to stop him from interfering, he
could have resorted to other less violent means. Instead of reprimanding AAA or walking away, petitioner
chose to hit the latter. Petitioner's act of whipping AAA on the neck with a wet t-shirt is an act that
debases, degrades, and demeans the intrinsic worth and dignity of a child. It is a form of cruelty. Being
smacked several times in a public place is a humiliating and traumatizing experience for all persons regardless
of age. Petitioner, as an adult, should have exercised restraint and self-control rather than retaliate against a
14-year-old child.
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IV. Juvenile Justice and Welfare Act of 2006
- shall cover the different stages involving children at risk and children in conflict with the law from
prevention to rehabilitation and reintegration.

The following State policies shall be observed at all times:

(a) The State recognizes the vital role of children and youth in nation building and shall promote and protect
their physical, moral, spiritual, intellectual and social well-being. It shall inculcate in the youth patriotism and
nationalism, and encourage their involvement in public and civic affairs.

(b) The State shall protect the best interests of the child through measures that will ensure the observance of
international standards of child protection, especially those to which the Philippines is a party. Proceedings
before any authority shall be conducted in the best interest of the child and in a manner which allows the
child to participate and to express himself/herself freely. The participation of children in the program and
policy formulation and implementation related to juvenile justice and welfare shall be ensured by the
concerned government agency.

(c) The State likewise recognizes the right of children to assistance, including proper care and nutrition, and
special protection from all forms of neglect, abuse, cruelty and exploitation, and other conditions prejudicial
to their development.

(d) Pursuant to Article 40 of the United Nations Convention on the Rights of the Child, the State recognizes
the right of every child alleged as, accused of, adjudged, or recognized as having infringed the penal law to
be treated in a manner consistent with the promotion of the child's sense of dignity and worth, taking into
account the child's age and desirability of promoting his/her reintegration. Whenever appropriate and
desirable, the State shall adopt measures for dealing with such children without resorting to judicial
proceedings, providing that human rights and legal safeguards are fully respected. It shall ensure that
children are dealt with in a manner appropriate to their well-being by providing for, among others, a variety
of disposition measures such as care, guidance and supervision orders, counseling, probation, foster care,
education and vocational training programs and other alternatives to institutional care.

(e) The administration of the juvenile justice and welfare system shall take into consideration the cultural and
religious perspectives of the Filipino people, particularly the indigenous peoples and the Muslims, consistent
with the protection of the rights of children belonging to these communities.

(f) The State shall apply the principles of restorative justice in all its laws, policies and programs applicable to
children in conflict with the law.

Definition of Terms.
"Best Interest of the Child" refers to the totality of the circumstances and conditions which are most congenial
to the survival, protection and feelings of security of the child and most encouraging to the child's physical,
psychological and emotional development. It also means the least detrimental available alternative for
safeguarding the growth and development of the child.

"Child at Risk" refers to a child who is vulnerable to and at the risk of committing criminal offenses because of
personal, family and social circumstances, such as, but not limited to, the following:

(1) being abused by any person through sexual, physical, psychological, mental, economic or any other means and the
parents or guardian refuse, are unwilling, or unable to provide protection for the child;
(2) being exploited including sexually or economically;
(3) being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot be found;
(4) coming from a dysfunctional or broken family or without a parent or guardian;
(5) being out of school;
(6) being a streetchild;
(7) being a member of a gang;
(8) living in a community with a high level of criminality or drug abuse; and
(9) living in situations of armed conflict.

"Child in Conflict with the Law" refers to a child who is alleged as, accused of, or adjudged as, having
committed an offense under Philippine laws.
"Community-based Programs" refers to the programs provided in a community setting developed for purposes
of intervention and diversion, as well as rehabilitation of the child in conflict with the law, for reintegration into
his/her family and/or community.

"Diversion" refers to an alternative, child-appropriate process of determining the responsibility and treatment
of a child in conflict with the law on the basis of his/her social, cultural, economic, psychological or educational
background without resorting to formal court proceedings.

"Diversion Program" refers to the program that the child in conflict with the law is required to undergo after
he/she is found responsible for an offense without resorting to formal court proceedings.

"Initial Contact With-the Child" refers to the apprehension or taking into custody of a child in conflict with the
law by law enforcement officers or private citizens. It includes the time when the child alleged to be in conflict
with the law receives a subpoena under Section 3(b) of Rule 112 of the Revised Rules of Criminal Procedure or
summons under Section 6(a) or Section 9(b) of the same Rule in cases that do not require preliminary
investigation or where there is no necessity to place the child alleged to be in conflict with the law under
immediate custody.

"Intervention" refers to a series of activities which are designed to address issues that caused the child to
commit an offense. It may take the form of an individualized treatment program which may include counseling,
skills training, education, and other activities that will enhance his/her psychological, emotional and psycho-
social well-being.

"Juvenile Justice and Welfare System" refers to a system dealing with children at risk and children in conflict
with the law, which provides child-appropriate proceedings, including programs and services for prevention,
diversion, rehabilitation, re-integration and aftercare to ensure their normal growth and development.

"Restorative Justice" refers to a principle which requires a process of resolving conflicts with the maximum
involvement of the victim, the offender and the community. It seeks to obtain reparation for the victim;
reconciliation of the offender, the offended and the community; and reassurance to the offender that he/she
can be reintegrated into society. It also enhances public safety by activating the offender, the victim and the
community in prevention strategies.

Rights of the Child in Conflict with the Law

Every child in conflict with the law shall have the following rights, including but not limited to:

(a) the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment;

(b) the right not to be imposed a sentence of capital punishment or life imprisonment, without the possibility of release;

(c) the right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or imprisonment being a disposition
of last resort, and which shall be for the shortest appropriate period of time;

(d) the right to be treated with humanity and respect, for the inherent dignity of the person, and in a manner which takes
into account the needs of a person of his/her age. In particular, a child deprived of liberty shall be separated from adult
offenders at all times. No child shall be detained together with adult offenders. He/She shall be conveyed separately to or
from court. He/She shall await hearing of his/her own case in a separate holding area. A child in conflict with the law shall
have the right to maintain contact with his/her family through correspondence and visits, save in exceptional
circumstances;

(e) the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the
deprivation of his/her liberty before a court or other competent, independent and impartial authority, and to a prompt
decision on such action;

(f) the right to bail and recognizance, in appropriate cases;

(g) the right to testify as a witness in hid/her own behalf under the rule on examination of a child witness;

(h) the right to have his/her privacy respected fully at all stages of the proceedings;
(i) the right to diversion if he/she is qualified and voluntarily avails of the same;

(j) the right to be imposed a judgment in proportion to the gravity of the offense where his/her best interest, the rights of
the victim and the needs of society are all taken into consideration by the court, under the principle of restorative justice;

(k) the right to have restrictions on his/her personal liberty limited to the minimum, and where discretion is given by law to
the judge to determine whether to impose fine or imprisonment, the imposition of fine being preferred as the more
appropriate penalty;

(I) in general, the right to automatic suspension of sentence;

(m) the right to probation as an alternative to imprisonment, if qualified under the Probation Law;

(n) the right to be free from liability for perjury, concealment or misrepresentation; and

(o) other rights as provided for under existing laws, rules and regulations.

Minimum Age of Criminal Responsibility - A child fifteen (15) years of age or under at the time of the
commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an
intervention program. A child above fifteen (15) years but below eighteen (18) years of age shall likewise be
exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with
discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with
this Act. The exemption from criminal liability herein established does not include exemption from civil liability,
which shall be enforced in accordance with existing laws.

Determination of Age. - The child in conflict with the law shall enjoy the presumption of minority. He/She shall
enjoy all the rights of a child in conflict with the law until he/she is proven to be eighteen (18) years old or
older. The age of a child may be determined from the child's birth certificate, baptismal certificate or any other
pertinent documents. In the absence of these documents, age may be based on information from the child
himself/herself, testimonies of other persons, the physical appearance of the child and other relevant evidence.
In case of doubt as to the age of the child, it shall be resolved in his/her favor.

Any person contesting the age of the child in conflict with the law prior to the filing of the information in any
appropriate court may file a case in a summary proceeding for the determination of age before the Family
Court which shall decide the case within twenty-four (24) hours from receipt of the appropriate pleadings of all
interested parties.

If a case has been fiied against the child in conflict with the law and is pending in the appropriate court, the
person shall file a motion to determine the age of the child in the same court where the case is pending.
Pending hearing on the said motion, proceedings on the main case shall be suspended.

In all proceedings, law enforcement officers, prosecutors, judges and other government officials concerned
shall exert all efforts at determining the age of the child in conflict with the law.

PREVENTION OF JUVENILE DELINQUENCY

THE ROLE OF THE DIFFERENT SECTORS

The Educational System. - Educational institutions shall work together with families, community organizations
and agencies in the prevention of juvenile delinquency and in the rehabilitation and reintegration of child in
conflict with the law. Schools shall provide adequate, necessary and individualized educational schemes for
children manifesting difficult behavior and children in conflict with the law. In cases where children in conflict
with the law are taken into custody or detained in rehabilitation centers, they should be provided the
opportunity to continue learning under an alternative learning system with basic literacy program or non-
formal education accreditation equivalency system.
FLOWCHARTS ON DIVERSION AND INTERVENTION PROGRAM
Source: http://manggagawangpanlipunan.blogspot.com/
V. Anti – Sexual Harassment Act (RA 7877)

R.A. No. 7877 declares sexual harassment unlawful only in three (3) situations, namely:
(1) Work/Employment;
(2) Education; and
(3) Training environment.

• Can sexual harassment be committed also against a man?

Yes. Sexual harassment is not the sole domain of women as men may also be subjected to the same despicable
act. Said law does not limit the victim of sexual harassment to women.

• Who are the persons who may be held liable for sexual harassment?
Work, education or training-related sexual harassment is committed by any employer, employee, manager,
supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, 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 another, regardless of whether
the demand, request or requirement for submission is accepted by the object of said act.

Further, any person who directs or induces another to commit any act of sexual harassment as defined in
the law, or who cooperates in the commission thereof by another without which it would not have been
committed, shall also be held liable under the law.

• How is sexual harassment committed in a work-related or employment environment?

In a work-related or employment environment, sexual harassment is committed when:

1. The sexual favor is made a condition in the hiring or in the employment, re-employment or
continued employment of said individual or in granting said individual favorable compensation,
terms, conditions, promotions, or privileges; or the refusal to grant the sexual favor results in
limiting, segregating or classifying the employee which in any way would discriminate, deprive or
diminish employment opportunities or otherwise adversely affect said employee;

2. The above acts would impair the employee’s rights or privileges under existing labor laws; or

3. The above acts would result in an intimidating, hostile, or offensive environment for the
employee.

• What are duties of the employer in regard to sexual harassment complaints?

It is the duty of the employer to prevent or deter the commission of acts of sexual harassment and to
provide the procedures for the resolution or prosecution of acts of sexual harassment. The employer or head of
office is required to:

1. promulgate appropriate rules and regulations, in consultation with and jointly approved by the
employees or students or trainees, through their duly designated representatives, prescribing the
procedure for the investigation of sexual harassment cases and the administrative sanctions
therefor. The said rules and regulations issued shall include, among others, guidelines on proper
decorum in the workplace and educational or training institutions.

2. create a committee on decorum and investigation of cases on sexual harassment. The committee
shall conduct meetings, as the case may be, with officers and employees, teachers, instructors,
professors, coaches, trainors and students or trainees to increase understanding and prevent
incidents of sexual harassment. It shall also conduct the investigation of alleged cases constituting
sexual harassment.
SC-decided cases about sexual harassment:

1. BACSIN VS. WAHIMAN

G.R. No. 146053, April 30, 2008

“The demand of a sexual favor need not be explicit or stated. It is true that the law calls for a ‘demand,
request or requirement of a sexual favor.’ But it is not necessary that the demand, request, or requirement of a
sexual favor be articulated in a categorical oral or written statement. It may be discerned, with equal certitude,
from the acts of the offender.

Even without an explicit demand from petitioner his act of mashing the breast of AAA was sufficient to
constitute sexual harassment. Moreover, under Section 3 (b) (4) of RA 7877, sexual harassment in an education
or training environment is committed “when the sexual advances result in an intimidating, hostile or offensive
environment for the student, trainee or apprentice.” AAA even testified that she felt fear at the time petitioner
touched her.

In grave misconduct, the elements of corruption, clear intent to violate the law, or flagrant disregard of
established rule must be manifest. The act of petitioner of fondling one of his students is against a law, RA
7877, and is doubtless inexcusable. The particular act of petitioner cannot in any way be construed as a case of
simple misconduct.”

2. CHUA-QUA v. CLAVE,
G.R. No. 49549, August 30, 1990

“With the finding that there is no substantial evidence of the imputed immoral acts, it follows that
the alleged violation of the Code of Ethics governing school teachers would have no basis. Private
respondent utterly failed to show that petitioner took advantage of her position to court her student. If
the two eventually fell in love, despite the disparity in their ages and academic levels, this only
lends substance to the truism that the heart has reasons of its own which reason does not know.
But, definitely, yielding to this gentle and universal emotion is not to be so casually equated with
immorality. The deviation of the circumstances of their marriage from the usual societal pattern cannot be
considered as a defiance of contemporary social mores.

It would seem quite obvious that the avowed policy of the school in rearing and educating children
is being unnecessarily bannered to justify the dismissal of petitioner. This policy, however, is not at odds
with and should not be capitalized on to defeat the security of tenure granted by the Constitution to
labor. In termination cases, the burden of proving just and valid cause for dismissing an employee rests on
the employer and his failure to do so would result in a finding that the dismissal is unjustified.”

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VI. Civil and Family Code Provisions

Article 218, Family Code

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.

Article 219, Family Code

Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for
damages caused by the acts or omissions of the unemancipated minor. The parents, judicial guardians or the
persons exercising substitute parental authority over said minor shall be subsidiarily liable. The respective liabilities
of those referred to in the preceding paragraph shall not apply if it is proved that they exercised the proper diligence
required under the particular circumstances. All other cases not covered by this and the preceding articles shall be
governed by the provisions of the Civil Code on quasi-delicts.
Article 2176, Civil Code
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.

Article 2180, Civil Code

The obligation imposed by article 2176 is demandable not only for one's own acts or omissions, but also for those of
persons for whom one is responsible.

The father and, in case of his death or incapacity, the mother, are responsible for the damages caused by the minor
children who live in their company. Guardians are liable for damages caused by the minors or incapacitated persons who
are under their authority and live in their company. The owners and managers of an establishment or enterprise are
likewise responsible for damages caused by their employees in the service of the branches in which the latter are
employed or on the occasion of their functions.

Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of
their assigned tasks, even though the former are not engaged in any business or industry. The State is responsible in like
manner when it acts through a special agent; but not when the damage has been caused by the official to whom the task
done properly pertains, in which case what is provided in article 2176 shall be applicable.

Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and
students or apprentices, so long as they remain in their custody.

The responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the
diligence of a good father of a family to prevent damage.

Art. 2217, Civil Code

Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded
feelings, moral shock, social humiliation, and similar injury. Though incapable of pecuniary computation, moral damages
may be recovered if they are the proximate result of the defendant's wrongful act for omission.

CASES:
1. PALISOC v. BRILLANTES, G.R. No. L-29025 October 4, 1971

“The phrase used in Article 2180, “so long as the students remain in their custody” means the protective and
supervisory custody that the school and its heads and teachers exercise over the pupils and students for as long as they
are at attendance in the school, including recess time. There is nothing in the law that requires that for such liability to
attach the pupil or student who commits the tortuous act must live and board in the school. The rationale of such liability
of school heads and teachers for the tortious acts of their pupils and students, so long as they remain in their custody, is
that they stand, in loco parentis to a certain extent to their pupils and students and are called upon to “exercise
reasonable supervision over the conduct of the child.” In this case, The unfortunate death resulting from the fight between
the protagonists-students could have been avoided, had said defendants complied with their duty of providing adequate
supervision over the activities of the students in the school premises to protect their students from harm.”

2. AMADORA v. COURT OF APPEALS, G.R. No. L-47745 April 15, 1988

“It is obviously the teacher-in-charge who must answer for his students' torts, in practically the same way that the
parents are responsible for the child when he is in their custody. The teacher-in-charge is the one designated by the dean,
principal, or other administrative superior to exercise supervision over the pupils in the specific classes or sections to which
they are assigned. It is not necessary that at the time of the injury, the teacher be physically present and in a position to
prevent it. Custody does not connote immediate and actual physical control but refers more to the influence exerted on
the child and the discipline instilled in him as a result of such influence. Thus, for the injuries caused by the student, the
teacher and not the parent should be held responsible if the tort was committed within the premises of the school at any
time when its authority could be validly exercised over him.

In any event, it should be noted that the liability imposed is supposed to fall directly on the teacher or the head of
the school of arts and trades and not on the school itself. If at all, the school, whatever its nature, may be held to answer
for the acts of its teachers or even of the head thereof under the general principle of respondeat superior, but then it may
exculpate itself from liability by proof that it had exercised the diligence of a bonus paterfamilias.

Such defense is, of course, also available to the teacher or the head of the school of arts and trades directly held
to answer for the tort committed by the student. As long as the defendant can show that he had taken the necessary
precautions to prevent the injury complained of, he can exonerate himself from the liability imposed by Article 2180.
 In this connection, it should be observed that the teacher will be held liable not only when he is acting in loco
parentis for the law does not require that the offending student be of minority age. Unlike the parent, who wig be liable
only if his child is still a minor, the teacher is held answerable by the law for the act of the student under him regardless of
the student's age.

At the time Alfredo Amadora was fatally shot, he was still in the custody of the authorities of Colegio de San Jose-
Recoletos notwithstanding that the fourth year classes had formally ended. It was immaterial if he was in the school
auditorium to finish his physics experiment or merely to submit his physics report for what is important is that he was
there for a legitimate purpose. As previously observed, even the mere savoring of the company of his friends in the
premises of the school is a legitimate purpose that would have also brought him in the custody of the school authorities.”

3. ST. JOSEPH COLLEGE v. MIRANDA, GR No. 182353 June 29, 2010

The class was conducting a science experiment about fusion of sulphur powder and iron fillings by combining
these elements in a test tube and heating the same. Tabugo, the science teacher, then left her class while it was doing the
experiment. In the middle of the experiment, Jayson (who was the assistant leader of one of the class groups) checked the
result of the experiment by looking into the test tube with magnifying glass. The test tube was being held by one of his
group mates who moved it close and toward the eye of Jayson. At that instance, the compound in the test tube spurted
out and several particles of which hit Jayson’s eye and the different parts of the bodies of some of his group mates. As a
result, Jayson’s eyes were chemically burned, particularly his left eye, for which he had to undergo surgery and had to
spend for his medication. Upon filing of this case in the lower court, Jayson’s wound had not completely healed and still
had to undergo another surgery.

Petitioners private school and teachers, on the other hand, alleged that before the science experiment was
conducted, Jayson and his classmates were given strict instructions to follow the written procedure for the experiment and
not to look into the test tube until the heated compound had cooled off. They further alleged that Jayson, “without
waiting for the heated compound to cool off, as required in the written procedure for the experiment and as repeatedly
explained by the teacher, violated such instructions and took a magnifying glass and looked at the compound, which at
that moment spurted out of the test tube, a small particle hitting one of Jayson’s eyes.”

Petitioners cannot simply deflect their negligence and liability by insisting that petitioner Tabugo gave specific
instructions to her science class not to look directly into the heated compound. This neglect in preventing a foreseeable
injury and damage equates to neglect in exercising the utmost degree of diligence required of schools, its administrators
and teachers, and, ultimately, was the proximate cause of the damage and injury to Jayson.

To be liable, there must be a finding that the act or omission considered as negligent was the proximate cause of
the injury caused because the negligence must have a causal connection to the accident. Petitioners’ negligence and
failure to exercise the requisite degree of care and caution is demonstrated by the following:

1. Petitioner school did not take affirmative steps to avert damage and injury to its students although it had full
information on the nature of dangerous science experiments conducted by the students during class;

2. Petitioner school did not install safety measures to protect the students who conduct experiments in class;

3. Petitioner school did not provide protective gears and devices, specifically goggles, to shield students from
expected risks and dangers; and

4. Petitioner Tabugo was not inside the classroom the whole time her class conducted the experiment,
specifically, when the accident involving Jayson occurred. In any event, the size of the classfifty (50) students conducting
the experiment is difficult to monitor.

4. YLARDE v. AQUINO, G.R. No. L-33722, July 29, 1988

“The contention that private respondent Aquino exercised the utmost diligence of a very cautious person is certainly
without cogent basis. A reasonably prudent person would have foreseen that bringing children to an excavation site, and
more so, leaving them there all by themselves, may result in an accident. An ordinarily careful human being would not
assume that a simple warning "not to touch the stone" is sufficient to cast away all the serious danger that a huge
concrete block adjacent to an excavation would present to the children. Moreover, a teacher who stands in loco parentis
to his pupils would have made sure that the children are protected from all harm in his company.
We close by categorically stating that a truly careful and cautious person would have acted in all contrast to the way
private respondent Aquino did. Were it not for his gross negligence, the unfortunate incident would not have occurred
and the child Ylarde would probably be alive today, a grown- man of thirty-five. Due to his failure to take the necessary
precautions to avoid the hazard, Ylarde's parents suffered great anguish all these years.”

VII. Revised Penal Code Provisions

ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO, PERSONS IN AUTHORITY AND THEIR AGENTS

Article 148. Direct assaults. - Any person or persons who, without a public uprising, shall employ force or intimidation for
the attainment of any of the purpose enumerated in defining the crimes of rebellion and sedition, or shall attack, employ
force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of
official duties, or on occasion of such performance, shall suffer the penalty of prision correccional in its medium and
maximum periods and a fine not exceeding P1,000 pesos, when the assault is committed with a weapon or when the
offender is a public officer or employee, or when the offender lays hands upon a person in authority. If none of these
circumstances be present, the penalty of prision correccional in its minimum period and a fine not exceeding P500 pesos
shall be imposed.

Article 149. Indirect assaults. - The penalty of prision correccional in its minimum and medium periods and a fine not
exceeding P500 pesos shall be imposed upon any person who shall make use of force or intimidation upon any person
coming to the aid of the authorities or their agents on occasion of the commission of any of the crimes defined in the next
preceding article.

Article 151. Resistance and disobedience to a person in authority or the agents of such person. - The penalty of arresto
mayor and a fine not exceeding 500 pesos shall be imposed upon any person who not being included in the provisions of
the preceding articles shall resist or seriously disobey any person in authority, or the agents of such person, while engaged
in the performance of official duties. When the disobedience to an agent of a person in authority is not of a serious nature,
the penalty of arresto menoror a fine ranging from 10 to P100 pesos shall be imposed upon the offender.

Article 152. Persons in authority and agents of persons in authority; Who shall be deemed as such. - In applying the
provisions of the preceding and other articles of this Code, any person directly vested with jurisdiction, whether as an
individual or as a member of some court or governmental corporation, board, or commission, shall be deemed a person in
authority. A barrio captain and a barangay chairman shall also be deemed a person in authority.

A person who, by direct provision of law or by election or by appointment by competent authority, is charged with the
maintenance of public order and the protection and security of life and property, such as a barrio councilman, barrio
policeman and barangay leader and any person who comes to the aid of persons in authority, shall be deemed an agent
of a person in authority.

In applying the provisions of Articles 148 and 151 of this Code, teachers, professors and persons charged with the
supervision of public or duly recognized private schools, colleges and universities, and lawyers in the actual performance
of their professional duties or on the occasion of such performance, shall be deemed persons in authority.

CASE:

GELIG VS PEOPLE OF THE PHILIPPINES

G.R. No. 173150, July 28, 2010

The following are the elements of Direct Assault: 1. The offender (a) makes an attack, (b) employs force,
(c) makes a serious intimidation, or (d) makes a serious resistance; 2. the person assaulted is a person in
authority or his agent; 3. at the time of the assault the person in authority or his agent (a) is engaged in the
actual performance of official duties, or [b] that he is assaulted by reason of the past performance of official
duties; 4. the offender knows that the one he is assaulting is a person in authority or his agent in the exercise of
his duties; and 5. That there is no public uprising.

On the day of the commission of the assault, Gemma was engaged in the performance of her official
duties, that is, she was busy with paperwork while supervising and looking after the needs of pupils who are
taking their recess in the classroom to which she was assigned. Lydia was already angry when she entered the
classroom and accused Gemma of calling her son a “sissy”. Lydia refused to be pacified despite the efforts of
Gemma who offered her a seat so that they could talk properly, Lydia instead unleashed a barrage of verbal
invectives. When Lydia continued with her abusive behavior, Gemma merely retaliated in kind as would a
similarly situated person. Lydia aggravated the situation by slapping Gemma and violently pushing her against
a wall divider while she was going to the principal’s office. The violent act resulted in Gemma’s fall to the floor.

Gemma being a public school teacher belongs to the class of persons in authority expressly mentioned
in Article 152 of the Revised Penal Code, as amended. In applying the provisions of articles 148 and 151 of this
Code, teachers, professors, and persons charged with the supervision of public or duly recognized private
schools, colleges and universities, and lawyers in the actual performance of their professional duties or on the
occasion of such performance shall be deemed persons in authority.