School Discipline in Public

Secondary Schools
&
Conflict Management and
Resolution
 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.”
 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
The end.
 MARAMING
SALAMAT
PO!