Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

5861

HOUSE BILL NO.

INTRODUCED BY: HONORABLE JOCELYN F. FORTUNO

EXPLANATORY NOTE

‘The implementation of Republic Act No. 7610 otherwise known at the “Special
Protection of Children Against Abuse, Exploitation, and Discrimination Act” has brought
a serious dilemma to teachers, who are considered to be a second parent, in terms of
imposing discipline upon school children.

The issue has been brought to national consciousness when a grandmother
complained to newsman Raffy Tulfo alleging that a teacher asked her grandson to step
out of the classroom over his failure to return his report card on time. In his popular radio-
television program, Mr. Tulfo pressured the teacher to quit her job and give up her license
or he would file child abuse case against her teacher for “traumatizing” the student. For
fear of facing a criminal prosecution and eventual imprisonment, and having no legal
protection in our country on a similar case, the teacher allegedly opted to resign.

In the United States, the Paul D. Coverdell Teacher Protection Act of 2001
explicitly grants protection to education professionals from being sued over efforts to
undertake “reasonable actions to maintain order, discipline, and an appropriate
educational environment.” Under this statute, the teacher shall not be held liable for harm
caused by an act or omission of the teacher on behalf of the school under certain
conditions.

It is therefore the paramount objective of this bill to shield the teachers from any
liabilty arising from imposing discipline upon school children, Thus, any act committed by
a teacher of non-teaching personnel pursuant to the disciplinary rules shall not be

Jeemed as child abuse, cruelty, exploitation as defined under Republic Act No. 7610.


In order to make the policy clear and unambiguous, this measure mandates the
DepEd to issue guidelines on teacher protection, and emphasize the rights and
responsibilities of teachers with respect to student discipline and classroom management.
‘The guidelines shall include clear description of disciplinary procedure of authorities who
may respond to interventions being administered by teachers. The crystal clear objective
iets aeist teachers in disciplining their students without violating child protection laws.

in view of the foregoing reasons, the approval ofthis bill eamestly sought.

Fifth District, Camarines Sur


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 5851

INTRODUCED BY: HONORABLE JOCELYN F. FORTUNO

i ee ee ee

AN ACT
INSTITUTIONALIZING SUPPORT MECHANISMS AND PROTECTION FOR PUBLIC
SCHOOL TEACHERS ON MATTERS OF STUDENT DISCIPLINE FOR CLASSROOM
MANAGEMENT

Be it enacted by the Senate and House of Representatives
of the Philippines in congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "Teachers Protection
Act.”

SEC. 2. Declaration of Policy. ~ \t is hereby declared the policy of the State to
protect and promote the physical, moral, spiritual, intellectual, and social well-being of
School children and to inculcate in them the values of dignity of every human person and
guarantee full respect for rights of teachers ‘and non-teaching personnel. Toward this end,
the institutionalization in all public schools of a clearly defined regulations on appropriate
student behaviour towards other students, teachers, non-teaching personnel and other
School staff, during classes and within and outside school premises is extremely
necessary.

‘The State shall also promote and improve the working conditions of public school
teachers and other school non-teaching personnel, which are understood to determine
whether or not the physical and emotional environments of children and teachers are
conducive to learning and teaching.

SEC. 3. Guidelines on the Implementation of Teacher Protection. — The
Department of Education (DepEd) is hereby tasked to issue the Guidelines on the
implementation of Teacher Protection, hereinafter referred to as “Guidelines” within one
hundred twenty (120) days from the effectivity of this Act.


For purposes of this Act, the Guidelines shall, among others, put in detail the
following:

(a) The rights and responsibilities of teachers with respect to student discipline and
classroom management, to the ‘end of fostering a positive school climate and
safe environment conducive to instruction and learning,

School administrators and teachers shall exercise special parental authority over
their students while under their supervision, instruction and custody. As such, the
guidelines to be produced by the DepEd shall recognize their authority in the schools and
in school-sanctioned events, and the need to conduct their classes in an organized
manner that is conducive to learning. Thus, teachers are authorized to ensure that their
students behave, respond and treat their teachers and classmates in a respectful manner.
They shall call out disorderly or disrespectful conduct and deal with the same consistent
with the law and the Guidelines to be issued by the DepEd;

(b) Permissible, appropriate, and effective responses and interventions that will
address violation of school rules and regulations to be administered by
teachers, the school head, and other school staff, and

(©) A clear description of the disciplinary procedure and clear designation of the
competent authorities to investigate, propose, and apply responses and
interventions.

SEC. 4. Acts Not Deemed as Child Abuse Pursuant to the Guidelines. — Any
act committed by a teacher or school staff pursuant to the disciplinary rules and
procedures issued by the DepEd shall not be deemed as child abuse, cruelty, or
exploitation as defined under Republic Act No. 7610 otherwise known as the “Special
Protection of Children Against Abuse, Exploitation and Discrimination Act’.

SEC. 5. Consultation of Sectors Involved in the Drafting of Guidelines. —
Students, parents, teachers, other school personnel, and the community, represented by
their respective organizations, as well as professionals in child behaviour and social work,
shall each have meaningful involvement in the formulation of the Guidelines.

SEC. 6. Information, Dissemination of the Guidelines. — The DepEd shall
provide, explanations, trainings, and workshops in order to familiarize students and
families with guidelines, explain the expectations of various sectors involved, and
described the various preventive and positive responses and interventions that may be
used.

{At the beginning of each school year, copies of the Guidelines shall be provided to
each student as well as their parents or legal guardians.


SEC. 7. Training of Teachers and School Personnel. — All teachers and non-

teaching personnel of the Division shalll receive annually instructions relative to specific
contents of the Guidelines.

SEC. 8. Professional Development Relating to Student Discipline and
Classroom Management. — The DepEd shall provide teachers the appropriate pre-
service and in-service trainings on child behaviour and psychology, classroom
management techniques, positive discipline, and other related fields, as well as on its
Guidelines and the scope of their duties and responsibilities with respect student
discipline and classroom management.

SEC. 9. Support Personnel. ~ The DepEd, with the Department of Budget and
Management (DBM), shall ensure that there is a ‘sufficient number of items for guidance
counsellors, who will serve as ‘support personnel to teachers and school administrators
in matters of student discipline.

For purposes of this Act, the DepEd shall endeavour to meet the recommended
ratio of one (1) guidance counsellor for every two hundred (200) students in public
elementary and high schools.

SEC. 10. Other Support Mechanisms for Student Discipline and Classroom
Management. - The Department shall provide such other mechanisms necessary to
capacitate its teachers and other non-teaching personnel on matters regarding child
behaviour and psychology, classroom management techniques, positive discipline, and
other related fields. These measures shall include but not limited to the conduct of periodic
Seminars and formulation of primers and other explanatory materials.

SEC. 11.Protection to Teachers and School Personnel in Charges to Student
Discipline and Classroom Management - In all cases related to student discipline and
classroom management, including criminal and administrative charges of child abuse, the
Department shall extend to its teachers and other personnel the necessary protection,
including but not limited to legal assistance and representation.

The Department shall ensure that respondents, in all stages of the disciplinary
proceedings, are amply represented by the accredited union, or registered union where
there is no existing accredited union, of teachers or non-teaching personnel as the case
may be.

Violation of this Section shall be construed as a violation of due process and shall
render the proceedings void and all responsible persons ‘administratively, civilly, and
criminally liable.


SEC. 12. Confidentiality of Identity of Parties and Proceedings. — No person,
whether public or private and whether a party to the case or ‘otherwise, shall publicise a
case during its pendency. n no case shall the identity of complainants and respondents,
or any information that may reasonably identify them, be disclosed to the public during
the pendency of the proceedings.

Violation of this Section shall subject the person to appropriate administrative, civil,
criminal and other liabilities.

The Department shall issue its guidelines for the media with regard to the handling
of cases within the contemplation of this Act.

SEC. 13, Rules and Regulations. — Within ninety (90) days from the effectivity of
this Act, the Department shall promulgate the necessary rules and regulations to
implement the provisions of this Act.

SEC. 14. Separability Clause. — If any of the sections or provisions of this Act is
held invalid, all other provisions not affected thereby shall remain valid and effective.

SEC. 15. Repealing Clause. - Republic Act No. 7610 is hereby modified
accordingly. All other laws, decrees, orders, rules and regulations, of other issuances or
paris thereof inconsistent with the provisions of this Act are hereby repealed.

SEC. 16. Effectivity. - This Act shall take effect fifteen (15) after its publication in
the Official Gazette or in a newspaper of general circulation

Approved,