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SEMINAR ON TEACHER’S

LIABILITY

STATISTICS
TOP 3 CHILD ABUSE AND RELATED
COMPLAINTS
REFERRED TO CENTRAL OFFICE
AS OF AUGUST, 2010 TO PRESENT
1. NCR- 59
2. REGION IV-A – 22
3. REGION VII- 5

STATISTICS
• 500 to 800 cases of child abuse
are annually committed by
teachers
• Half of the perpetrators in
schools were teachers. A small
percentage
also
included
janitors, bus drivers, and other
school personnel.

VERBAL AND SEXUAL ABUSE

VERBAL SEXUAL VIOLENCE IN SCHOOL • 36.53 % of children in Grades 46 and 42.CWC.UNICEF for Plan Philippines . 88% of high school students surveyed indicated they have experienced verbal sexual violence in school Source: “ Towards A Child –Friendly Education Environment”. PWU.

95% of children in Grades 46 and 17.60% of high school students have experienced inappropriate touching.CWC.INAPPROPRIATE TOUCHING • 11. Source: “ Towards A Child –Friendly Education Environment”.UNICEF for Plan Philippines . PWU.

PHYSICAL VIOLENCE .

• at least 7 out of 10 in grades 4-6. PWU.CWC. Source: “ Towards A Child –Friendly Education Environment”.STATISTICS • at least 5 out of 10 Filipino children in grades 1-3. and • at least 6 out of 10 in high school have experienced some kind of violence in school.UNICEF for Plan Philippines in 2009 .

chalks. or having one’s head banged . hit on the head or nape area. choked.MOST COMMON FORMS OF PHYSICAL VIOLENCE • Pinching • Having objects such as books. erasers thrown at them • Being kicked.

PSYCHOLOGICAL AND VERBAL ABUSE .

MOST COMMON TYPE OF PSYCHOLOGICAL AND VERBAL ABUSE • • • • • teasing name-calling cursing shouting harsh language .

EFFECTS Low self-esteem Fear Anger Helplessness .

EXISTING LAWS .

Sec. “the State shall defend the right of children to assistance. including proper care and nutrition.. abuse. XV.1987 Philippine Constitution • Art. cruelty.. exploitation and other conditions prejudicial to their development. . 3(b). and special protection from all forms of neglect.

intellectual and social well-being.” .• “The State recognizes the vital role of the youth in nation building and shall promote and protect their physical. spiritual. moral.

Section 3. foster love of humanity.” . (b): “ all educational institutions shall inculcate patriotism and nationalism.• Article XIV.. respect for human rights..

its administrators and teachers.. entity or institution engaged in child care the special parental authority and responsibility over the minor child while under their supervision. instruction or custody”. . 220.Article 218. or the individual.. 233 of the Family Code • “gives the school...

entity or institution....” .• “Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school.

corporal punishment is prohibited. following the issuance in 1974 of the Child and Youth Welfare Code (Presidential Decree No.CHILD AND YOUTH WELFARE CODE • In the Philippines. It prohibits any mental and physical violence against children. Article 59). . 63.

and Discrimination Act (RA 7610) of 1992 ensures the safety and welfare of the Filipino youth. .RA 7610 • Child abuse is punishable by Philippine law – the Special Protection of Children against Abuse. Exploitation.

(3) Unreasonable deprivation of his basic needs for survival. neglect. (2) Any act by deeds or words which debases. degrades or demeans the intrinsic worth and dignity of a child as a human being. whether habitual or not. .SALIENT FEATURES “Child abuse” refers to the maltreatment. cruelty. of the child and includes any of the ff: (1) Psychological and physical abuse. such as food and shelter. sexual abuse and emotional maltreatment. or (4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death.

exploitation. bullying. abuse. violence. exploitation and discrimination in schools.CHILD PROTECTION POLICY OF DEPED • Department of Education (DepEd) has released a comprehensive policy that will ensure the protection of students against bullying. discrimination. and other forms of abuse in school . • The objective of the policy is to observe and promote zero tolerance on any act of child abuse.

CONSEQUENCES Involvement OR negligence of school personnel Students involved in abusing another student • could result in administrative cases or dismissal from services • counseling and other penalties .

Sexual Harassment Act of 1995” The State shall value the dignity of every individual. enhance the development of it human resources. . instruction or education. guarantee full respect for human rights. all forms of sexual harassment in the employment. education or training environment are hereby declared unlawful.RA 7877 “ Anti. applicants for employment. and uphold the dignity of workers. students or those undergoing training. employees. Towards this end.

ACTS PENALIZED: (WET) • Punishes sexual harassment if: Work.related Education.related Training-related .

related . manager.Who may be liable? Work. professor Training-related .By any coach or trainor .by any teacher. supervisor. instructor.related . employee. agent of the employer Education.any employer.

training or education environment Authority Influence Moral ascendancy • Demands. request or requirement for submission is accepted by victim .Who may be liable? • Any person who having (AIM) over another in a work. request or otherwise requires any sexual favor from the other • Regardless of whether the demand.

or . training.EDUCATION / TRAINING RELATED • Against one who is under the care or supervision of the offender • Against one whose education. apprenticeship or tutorship is entrusted to the offender • When sexual favor is made a condition to the giving of a passing grade or granting of honors and scholarships. or considerations. privileges. allowance or other benefits. or payment of stipend.

• When the sexual advances results in (IHO) for the student. trainee or apprentice Intimidating Hostile Offensive Environment .

NOTE: OTHER PERSON LIABLE? • Any person who DIRECTS or INDUCES another to commit any act of sexual harassment • Who COOPERATES in the commission thereof BY ANOTHER without which it would not have been committed .

training sessions • By telephone. fax machine or electronic mail . symposia. school.WHERE CAN IT TAKE PLACE? • Workplace. school. education. training institution • In any place where parties were found as a result of work. fora. training institution • Related travel • Official conferences. training • Related social functions • Official business outside the workplace. office. office. cellular phone.

ILLUSTRATIVE FORMS OF SEXUAL HARASSMENT • PHYSICAL  Malicious Touching  Overt sexual advances  Gestures with lewd insinuation .

pictures or graphics. letters or writing notes with sexual underpinnings .• VERBAL  Request or demands for sexual favors  Lurid remarks OTHERS  Use of objects.

honors. scholarship…  Other analogous cases .CLASSIFICATION OF SEXUAL HARASSMENT • GRAVE OFFENSES  Unwanted touching of private parts (genetalia. buttocks and breast)  Sexual assault  Malicious touching  Requesting sexual favors in exchange of passing grade.

LESS GRAVE OFFENSES  Unwanted touching or brushing against a victim’s body  Pinching not falling under grave offenses  Derogatory or degrading remarks or innuendo directed toward the member of one sex or one’s sexual orientation or used to describe a person  Verbal abuse with sexual overtones  Other analogous cases .

LIGHT OFFENSES  Surreptitiously looking or staring at a person’s private part or worn undergarments  Telling sexist/smutty jokes or sending it through electronic mail or other similar means. propositions  Offensive hand or body gestures  Unwanted attention with sexual overtones  Unwelcome phone calls with sexual overtones . advances. causing embarassment and by nature offensive or vulgar  Malicious look or gaze in a lascivious or unpleasant way  Display of sexually offensive pictures. materials or graffiti  Unwelcome inquiries or comments about a person’s sex life  Unwelcome sexual flirtation.

DUTIES OF THE EMPLOYER • Promulgate rules and regulations • Prescribing the procedure for the investigation • Create a committee on decorum and investigation to increase understanding on this one .

NOTE: • ADMINISTRATIVE SANCTIONS shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment .

head of office. educational training institution.LIABILITIES • Solidary liability for damages – employer. if informed of such acts by the offender and NO IMMEDIATE ACTION is taken • Will not preclude the victim to institute a separate and independent action .

000 • Or both .000 nor more than 20.PENALTIES • Imprisonment of not less than one month nor more than 6 months • Or a fine of not less than 10.

PRESCRIPTION • Action will prescribe in 3 years .

Sexual harassment is not limited to physical contact. Terms of endearment “honey” “dear” are considered verbal abuse. The victim has to be of the opposite sex of the harasser. . Friendly flirting is not sexual harassment when practiced between mutually consenting individuals who are equal in power or authority 4.QUIZ True or False 1. Sexual Harassment can occur outside the work site and still be considered work related 2. 5. 3.

THANK YOU FOR LISTENING .