School Discipline in Public

Secondary Schools
&
Conflict Management and
Resolution

Atty. JOSE MARIO M.

MACARILAY
 OVERVIEW
 Legal Bases
 Teacher’s Liability
 Students’ Rights
 School Liability
 Legal Bases
 D.O No. 92, s.1992
“Every school shall maintain discipline
inside the school campus as well as
outside the school premises when
pupils or students are engaged in
activities authorized by the school.”
Imposition of Disciplinary Action
 School officials and teachers shall have
the right to impose appropriate and
reasonable disciplinary measures in
case of minor offenses or infractions of
good discipline. However, no cruel or
physically harmful punishment
shall be imposed or applied against
any pupil or student.
 Special Parental Authority
 Article 218, Family Code
“The school, its administrators, and
teachers shall have special parental
authority and responsibility over the
minor child under their supervision,
instruction or custody.”
 Family Code (Article 218)
 “Special Parental Authority
and responsibility of the
school shall apply to all
authorized activities whether
inside or outside the premises
of the school…”
Discipline Outside the School
 Q:Does the school have
authority to impose discipline
for offenses committed outside
the school?
 Angeles v. Sison (112 SCRA 26)

 Two FEU students assaulted a professor

in a restaurant outside the university
premises. The school imposed
disciplinary sanctions against them.
 Discipline Outside the School
 “Common sense dictates that the
school retains its power to compel
its students in or off-campus to a
norm of conduct compatible with
their standing as members of the
academic community.”
Test of School’s Right
 “The true test of a school's right to
discipline a student for a misconduct
committed outside the school is not the
time or place of the offense..”
 “but its effect upon the morale and
efficiency of the school and whether it,
in fact, is adverse to the school's good
order, welfare and the advancement of
its students.”
 When may it apply?
 1. In cases of violations of school policies
or regulations occurring in connection with
a school-sponsored activity off-campus;
 2. In case where the misconduct of the
student involves his status as a student or
affects the good name or reputation of the
school.
 TEACHERS’ LIABILITY
 Vicarious Liability
 Basis of Teacher’s
Liability
 School Custody
 How to Avoid
Liability
 VICARIOUS LIABILITY
 Where a person is not only liable for
damages committed by himself.
 But also for damages committed by
others with whom he has a certain
relationship and for whom he is
responsible (Tamargo v. CA, 209 SCRA
518)
 Basis for Teacher’s Liability
 Article 2180, Civil Code:
 “Teachers or heads of establishment of
arts and trade shall be liable for
damages caused by their pupils and
students or apprentices, so long as they
remain in their custody.”
 Who are liable?
 The School AND the
Administrators AND the
teacher concerned are
solidarily liable.
 When is a student in school
custody?
 When he is inside the school
premises in pursuance of a legitimate
student objective.
 When he is outside the school in the
exercise and enjoyment of a student
right or privilege.
 Is the School still liable even during
school breaks?
 The case of Amadora v. CA
 Alfredo Amadora was shot dead by his
classmate, Pablito Daffon inside the school
auditorium of Colegio de San Jose-
Recoletos, Cebu.
 Incident happened during semester break.
Amadora went to school to submit his
Physics report.
Why was the school made liable?
 “The student is in the custody of
the school authorities as long as he
is under the control and influence
of the school and within its
premises, whether the semester
has not yet begun or has already
ended.”
How about if the student is
already of age?
 The case of Palisoc vs. Brilliantes
[1971]
 A 22 year old student accidentally
killed a 16 year old student while they
were exchanging fist blows inside the
Manila Technical Institute;
 The teacher and the school head were
held solidarily liable with the offender.
Why were they held liable?
 “The protective custody of the school
heads and teachers is mandatorily
substituted for that of the parents.”
 “It is their obligation to provide proper
supervision of the students' activities
during the whole time that they are at
school, including recess time”
Even if it was an accident?
 The school head and the teacher in
charge were obligated to take the
necessary precautions to protect the
students from dangers and hazards that
would reasonably be anticipated.
 Including injuries that some students
themselves may inflict willfully or
through negligence on their fellow
students.
Why are teacher’s held liable?
 “The teacher will be held liable as the
law does not require that the offending
student be of minority age.”
 “Unlike the parent, who will 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.”
Are teachers always liable?
 NO. They are only held liable if they
are proven to be negligent.
 The negligence must likewise be
proven to be the proximate cause of
the damages suffered.
 Teachers cannot be held liable if they
exercised due diligence (of a good
father of a family).
School is liable even if the
offenders are outsiders.
 The case of PSBA v. CA, 205 SCRA
729 [1992]
 Carlitos Bautista was stabbed to
death by outsiders while he was at
the 2nd floor of the PSBA building.
 The school was held liable.
 Why is the school liable?
 Contract for an atmosphere
conducive to learning. – “Institutions of
learning must meet the implicit or "built-
in" obligation of providing their students
with an atmosphere that promotes or
assists in attaining its primary undertaking
of imparting knowledge.”
 Why is the school responsible for security?
 “Certainly, no student can absorb the
intricacies of physics or higher mathematics
or explore the realm of the arts and other
sciences when bullets are flying or
grenades exploding in the air or where
there looms around the school premises a
constant threat to life and limb.”
 School is liable even if damage
was caused by accident
 The case of St. Francis School v. CA
 Picnic in the beach, not authorized by the
school but had some teachers. Two
students accidentally drowned. School is
liable.
 The presence of teachers legitimized the
activity.
 Teacher is liable if he signs
the letter for the activity.
 UST vs. Divina (2000 case)
 The LM Society held their annual assembly
at a beach in Batangas.
 Atty. Divina, as Adviser, signed the letter
addressed to the parents but he did not
attend the event.
 An alleged RAPE occurred.
 UST v. Divina
 The alleged victim filed a criminal case
against 4 of her classmates and a civil case
against Atty. Divina and UST.
 The criminal case was dismissed because
the fiscal found out that the girl consented.
 Civil Case dismissed as against UST.
 Atty. Divina was terminated and perpetually
disqualified to teach.
 How to avoid liability
 Diligence of a good father of the
family.
 Parents’ waiver (permit)
 Prior Notice / Disclaimer
 Force majeure (unforeseen,
inevitable)
 Cessation of special parental
authority
 STUDENTS’ RIGHTS
 Student Leaders
 Rights Outside the
School
 Administrative Due
Process
 Free Speech
 Free Assembly
 Associations
 Grading System
 Rights of Students
(outside the campus)
 Villar vs. TIP (1985 case)
 Student leaders led a rally outside the
school but also caused disruption and
boycott of classes.
 The student leaders were refused
enrollment in the next semester.
 The students appealed on the ground of
free speech and assembly.
 Students’ Rights vs.
Academic Freedom
 “The exercise of students’ rights cannot be
a basis for refusing their enrollment.”

Can you refuse enrolling a student without

violating the law or DepED orders?
 “However, students with academic
deficiencies may be refused enrollment.
This is within the school’s academic
freedom.
 Administrative Due Process
 Guzman vs. National University (1986)
 Student Council officers mounted an
attack against the school administration
by distributing leaflets and making public
speeches and rallies without any permit.
 The student leaders were immediately
expelled without hearing.
 CARDINAL RULES OF DUE PROCESS
 "(1)to be informed in writing of the nature and
cause of accusation against them;
 (2) the right to answer the charges against them
with counsel;
 (3) to be informed of the evidence against them;
 (4) the right to adduce evidence in their own
behalf; and
 (5) the evidence must be duly considered by the
investigating committee or official designated by
the school authorities to hear and decide the
case."
 FREE SPEECH NOT ABSOLUTE
 “The right of the students to free
speech in school premises, however, is
not absolute. The right to free
speech must always be applied in light
of the special characteristics of the
school environment.”[Miriam College
Foundation vs. Court of Appeals, December 15, 2000]
Miriam College vs. C.A.
 Chi-Ro (school paper, Sept.-Oct ’94)
 “Libog at iba pang mga tula”
 Parents and students complained
 The school, after investigation, expelled
some staff members and suspended
others.
 Q: May campus journalists be punished
as a result of what they had published?
 The nature of the articles
 Kaskas, written in Tagalog, treats of the
experience of a group of young, male, combo
players who went to see a bold show in a place
called "Flirtation". The articles described in detail
the group sex that followed.
 In the foreword which the students entitled
"Foreplay", the students justified the Magazine's
erotic theme arguing: “hindi ito garapal” and
ending:"Dahil para saan pa ang libog kung hindi
ilalabas?"
 Campus Journalists not Immuned
 The Supreme Court affirmed the expulsion.
 “Section 7 of the Campus Journalism Act
means that the school cannot suspend or
expel a student solely on the basis of the
articles he or she has written, except
when such article materially disrupt class
work or involve substantial disorder or
invasion of the rights of others.”
 Right to Free Expression
 Case of Political Science Forum vs. UST
 Some students were suspended for not wearing
school uniforms. The students sued UST on the
ground that the uniform policy violates their right
to free expression.
 The RTC of Manila dismissed the case on the
ground that students were free to enter any other
university. Once they are admitted, they must
abide by reasonable school policies.
 Right to Form Associations
 The right of students to form associations
not contrary to law cannot be abridged.
(Sec. 8, Art. III, 1987 Constitution)
 The school cannot prohibit fraternities nor
penalize members thereof, unless they
commit some violation of law [i.e. hazing].
 These organizations may be regulated thru
the school’s system of accreditation.
 Hazing in Fraternities
 Case of Ateneo de Manila v. Capulong(1993)
 Ateneo law students, members of Aquila
Legis fraternity, engaged in hazing causing
the death of Leny Villa.
 The students involved were refused
admission in the next semester although no
criminal case was filed against them.
 Is the school correct?
 Is the penalty correct?
 Yes. Hazing, as a ground for disciplining a
student, is justified by the increasing
frequency of injury, even death, inflicted
upon the neophytes by their insensate
"masters."
 Thus, it passes the test of reasonableness
and absence of malice on the part of the
school authorities.
Grading System
 “The final grade of a student in a given
subject should be based solely on his
scholastic performance.”
May honors be denied for misconduct?

 Ledesma vs. CA and Delmo [1988]

 Violeta Delmo was supposed to graduate as
magna cum laude. [West Visayas College]
 She was treasurer of a school club and she
lent money to club members in violation of
the school rules.
 Jose Ledesma (school president) did not allow
Delmo to graduate with honors on the ground
of misconduct.
School and Teacher were held liable.
 “Violeta Delmo went through a painful
ordeal which was brought about by the
teacher’s neglect of duty and the
school’s callousness. Thus, moral
damages are but proper.”
 “The law is clear. The basis of a
student’s grade is merit, not conduct.”
What is a grading system?
 What is essential is that the students
are apprised how their grades are
computed and the mechanics thereof
are transparent.
Liability of a Principal
“He must see to it that his own
teachers, regardless of their
status or position outside of the
university, must comply with the
rules set by the latter.”
Why not just hold the
teacher liable?
“The negligent act of a teacher
who fails to observe the rules of the
school, for instance by not promptly
submitting a student’s grade, is not
only imputable to the teacher but is
an act of the school.”
 The END of Part I
Realities of Conflict
 Unavoidable / inevitable - a fact of life
 Some can be prevented or minimized
 Has positive and negative aspects
What is conflict?
 A battle, contest or opposing forces
between primitive desires and moral,
religious or ethical values
 A state of incompatibility of ideas
between two or more parties or
individuals
Conflict Defined
 Conflict arises when two or more
values, perspectives and opinions are
contradictory in nature and have not
been aligned or agreed about
Types of Conflict
 Within yourself if not living according to
your values
 When your values and perspectives are
threatened
 Discomfort from fear of the unknown or
from lack of fulfillment
The Nature of Conflict
 Frequent conflict may be healthier than
no observable conflict
 Happens at all stages of a relationship
 A critical event – impact on relationship
 Positive or negative (counter productive
results, bad attitudes)
 Reflects group dynamics
The Nature of Conflict
 Critical event because:
 May lead to resentment, hostility, ending of
relationship
 If well-handled, can be productive leading
to deeper understanding, mutual respect
and closeness
 Success of a relationship based on how
conflicts are resolved
Stages of Negative Conflict
1. Avoidance or denial stage
2. Getting mad or blaming stage
3. Using power and influence
4. Manipulating
The Problem with Conflict
 Hampers productivity
 Lowers morale
 Causes more and continued conflicts
 Creates inappropriate behavior
Benefits of Positive Conflict
 Identifies differences and benefits from
differences
 Addresses problems
 Energizes work on most important
issues
 Motivates people to participate
 Stimulates competition
“Conflict is not the problem.
It is when conflict is poorly
managed that is the
problem.”
Conflict Management
 The practice of identifying and handling
conflict in a sensible, fair and efficient
manner
Causes of Conflict
 Complexity of organizations
 Interaction among workers
 Dependence on one another
Causes of Conflict
 Poor communications
 Inadequate resources
 Mismatch in values and actions
 Leadership problems
Managing Conflict - Factors
1. Players involved
2. Importance of the issues
3. Emotional states
4. Desired outcomes
Managing Conflict - Methods
1. Avoidance
2. Accommodation
3. Competing
4. Compromising
5. Collaborating (best option)
Conflict Management - Examples
1. Periodic review job descriptions
2. Build relationships
3. Do regular written status reports
4. Conduct basic training
5. Develop procedure for tasks and include
employee’s feedback
6. Hold management meetings or dialogues
A Rational Way to
Resolve Conflicts
1. Identify the problem
2. Explore possible solutions
3. Evaluate each alternative
4. Decide on best solution
5. Implement the agreed action
6. Monitor the outcomes
(Repeat process)
The end.
 MARAMING
SALAMAT
PO!