Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

364

House Bill No.

INTRODUCED BY REPRESENTATIVE MARISSA “DEL MAR” P. MAGSINO

AN ACT
INSTITUTIONALIZING SUPPORT MECHANISMS FOR PUBLIC SCHOOL
TEACHERS AND SCHOOL PERSONNEL IN MATTERS OF STUDENT
DISCIPLINE AND MECHANISMS FOR CLASSROOM MANAGEMENT
AND PROVIDING FOR THEIR PROTECTION IN CASES RELATED
THERETO

EXPLANATORY NOTE

‘Ask any successful individual to list down his/her heroes, and surely, he will
mention at least one (1) teacher. This is because teachers not only serve as educators,
but they are also second parents to our children who at school age, spend at least a third
(1/3) of their day in school.

Teachers and school personnel play important roles in honing and nurturing the
youth whom we so fondly call the future of our nation. It is the lessons they impart that
our children carry along with them as they turn every chapter of our lives. And these are
actually not limited to academic learnings - many of the teachings they share are
important life hacks and trainings that help our children steer through life’s challenges.

But just what is the role of teachers and school personnel legally speaking? Under
Article 218 of the Family Code, the school, together with its administrators and teachers,
exercise “special parental authority and responsibility” over minor children while under
their instruction or custody. That is precisely the Latin term loco parentis. Teachers and
professions exercise Substitute Parental Authority over their students according to
Article 943 of the Civil Code. These legal provisions could only mean that the scope of
their duties include not only teaching, but as well as disciplining to ensure the good
behavior of their students in school, and even outside school whenever there are school-
sanctioned activities.

However, when they exercise this duty which is within the scope of their authority,
many of them are ridiculed, while some are subjected to attacks from students and their
teachers, and even spectators. Before the advent of technology, when teachers
reprimand their students, expect that too clingy parents would step in and draw the line
— even when under loco parentis, no line should be drawn. After all, when children
misbehave and cause trouble while under the custody of teachers and other school
personnel, it would be the latter who would be, by law, liable.


Now with every story made viral online with just one click or swipe, teachers and
school personnel have been placed under the microscope. Even when the exercise their
duties within what is allowed by law, some teachers and school personnel have become
vulnerable to online attacks and malicious and false imputations.

‘These attacks hamper teachers from fully discharging their duties. Many of them
just choose to look the other way, for fear of having their reputation smeared and losing
their jobs. Instead of confidently helping the parents and the State in rearing law-

abiding and good citizens of the land among the youth, teachers and school personnel
would now think twice before exercising their duties — lest they be the next social media
antagonist in somebody else’s version of the story.

What this proposed measure thus seeks to implement is a mechanism whereby
teachers and school personnel are protected from the threats of false and malicious
accusations that have the tendency of standing in the way of the teaching processand
costing them their reputation and livelihood.

Under this bill, Classroom Management Guidelines are laid down to help teachers
and school personnel in the discharge of their duties and functions. It is also made clear
that any act committed within the bounds of law, good morals, good customs, public
order and public policy, done in the exercise of their functions and duties and for the
purpose of teaching and/or disciplining students, shall not be considered Child Abuse.
This will protect teachers and school personnel from being repeatedly beaten by legal
suits that would not only be financially, psychologically and emotionally draining, but
will likewise destroy the learning flow of students because teachers will be too
preoccupied every time a lawsuit — often unfounded, is brought against them.

To ensure that the mechanism is well-balanced to serve interests of both teachers
and their students, the former shall be given training and professional development
relating to student discipline and classroom management on child behavior and
psychology, classroom management techniques, positive discipline, and other related
fields. This would guarantee that no abuse would take place, and that teachers and other
school personnel will be well-equipped in instilling lessons and values among their
students.

Striking a balance is always necessary. This law does not only ensure that the
learning process is unhampered by unnecessary delays and unfounded lawsuits, but also
that teachers are protected from abuse while students are reared into good members of
the society.

In view of the foregoing, approval of this measure is earnestly sought.

wand ee. MAR” P. \GSINO


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

House Bill No. 364

INTRODUCED BY REPRESENTATIVE MARISSA “DEL MAR” P. MAGSINO

AN ACT
INSTITUTIONALIZING SUPPORT MECHANISMS FOR PUBLIC SCHOOL
TEACHERS AND SCHOOL PERSONNEL IN MATTERS OF STUDENT
DISCIPLINE AND MECHANISMS FOR CLASSROOM MANAGEMENT
AND PROVIDING FOR THEIR PROTECTION IN CASES RELATED
THERETO

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 “Classroom Management
Support and Protection for Teachers Act”

Sec.2. Declaration of Policy.— In all actions relating to children, the State shall
accord special protection to children from all forms of abuse, exploitation, cruelty, and
other conditions prejudicial to their development. Furthermore, the State has the duty
to establish and maintain a complete and adequate system of public basic education
geared towards the holistic development of a child.

These policies are understoodto encompassthe State'sresponsibilityto provide
appropriate instruction and guidance to students about school discipline, their
dutiesand responsibilities with respect to their peers, to their teachers and other persons
of authority, to members oftheir community, and to society.

To this end, the State shall institutionalize measuresto implement in all
publicschoolsclearly defined regulations on appropriate student behavior towards other
students, teachers, and school staff and personnel, during classes, and within and

outside school premises.

The State is also hereby bound to establish and maintain support systems,
including training on classroom management and child discipline, as well as legal
assistance, for teachers and school staff and personnel, who come in daily direct with
students, and thus find themselves in situations that could expose them to false
accusations of child abuse in the course of the discharge of their duties.

It is hereby also declared that the State shall promote and improve the working
conditions of public school teachers and other school personnel, which are understood


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to determine whether or not the physical and emotional environments of children
and teachers are conducive to learning and teaching.

Sec.3. Coverage.— This Act shall be applicable to all teaching personnel of all
public school institutions, including non-teaching personnel who stand in direct contact

with students in the course of the discharge of their duties.

Sec. 4. Classroom Management Guidelines. - The Department of Education
(DepEd) shall formulate guidelines for classroom management forteachers and school
personnel. Said guidelines shall include the following:

(1) The rules and regulations to be observed by teaching and non-teaching
personnel who interact directly with students in the course of the
discharge of their duties, with respect to students, whenever inside the
premises ofpublic schools, or even outside incase ofschool-sanctioned
activities;

(2) The rights and responsibilities of teaching and non-teaching personnel
who interact directly with students, with respect tostudent discipline and
classroom management, to the end offostering a positive school climate
and safe environment conducive to instruction and learning.School
administrators and teachers 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. It is
likewise recognized that the teachers have the authority to ensure that
their students behave, respond and treat their teachers and classmates in a
respectful manner. They have the right to call out disorderly or
disrespectful behavior, and deal with the same consistent withthe law and
the Guidelines to be implemented;

(3) Permissible, appropriate, and effective responses and interventions
that will address violations of school rules andregulations to be
administered by teachers, the school head, andother school staff and

personnel; and

(4) A clear description of the disciplinary procedure and clear designation
of the authorities competent to investigate, propose,and apply the

responses and interventions.

Sec. 5. ActsNot Considered as ChildAbuse. - Any act committed by teachingand
non-teaching personnel who stand in direct contact with studentsin the course ofthe
discharge oftheir duties pursuant to the Guidelines, provided they are within thebounds


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oflaw, good morals, good customs, public order and public policy, shall not be
deemed as child abuse, cruelty, and exploitation as prohibited by Republic Act No.7610,
otherwise known as the “Special Protection of Children Against Abuse, Exploitation and
Discrimination Act.”

Sec. 6. Consultation with Stakeholders. — Students, parents, teachers,
otherschool personnel, and the community, represented by their respective
organizations,as well as professionals in child behavior and social work, shall each have
meaningful involvement in the formulation ofthe Guidelines.

Sec. 7. Information Dissemination of the Guidelines. -The DepEd shall provide
explanations, training, and workshops in order to familiarize teachers, students and

families with the Guidelines, explain the expectations of various sectors involved, and
describe the various preventive and positive responses and interventions that may be
used.

At the beginning ofeach school year, copies ofthe Guidelines shall be providedto
each student as well astheir parents or legal guardians.

Sec. 8. Training of Teachers and School Personnel on the Guidelines. — All
public school teachers and school personnel shall receive trainings and
instructionsrelated to the specific contents ofthe Guidelines.

Sec. 9. Professional Development Relating to Student Discipline and Classroom
Management - The DepEd shall provide teachers the appropriate pre-service and in-
service training on child behavior and psychology, classroommanagement techniques,

positive discipline, and other related fields, as well as theGuidelines under Section 4 and

Section 5 ofthis Act and the scope oftheir duties and responsibilities with respect to

student discipline and classroom management.

Sec. 10. SupportPersonnel. ~ The DepEd, with the Department of Budget and
Management(DBM), shall also ensure that there areenough items for guidance
counselors, who will serve as support personnel to teachers and schooladministrators in

matters ofstudent discipline.

For purposes of this Act, the DepEd shall endeavor to meet the recommended
ratios of guidance counselors to students in public elementary’ and high schools.

Sec. 11. Other Support Mechanisms for Student Discipline and Classroom
Management. — The DepEd shall provide such other mechanisms necessary to
capacitate its teachers and other personnel on matters regarding child behavior and
psychology, classroom management techniques, positive discipline, and other related
fields. These measures shall include but not be limited to the conduct of periodic

seminars and formulation of primers and other explanatory materials.


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Sec. 12. Protection to Teachers and School Personnel in Charges Related to
Student Discipline and Classroom Management. - In all cases related to
studentdiscipline and classroom management, including criminal and administrative
chargesof child abuse, the DepEd shall extend to its teachers and other personnel the
necessary protection, including but not limited to legal assistance and representation.

‘The DepEd 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 employees, as the case
may be.

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

Sec. 13. Confidentiality of Identity of Parties and Proceedings under this Act.—
No person, whether public or private and whether a party to the case or otherwise, shall
publicize a case during its pendency. In 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 the appropriate
administrative, civil, criminal, and other liabilities.

The DepEd shall issue guidelines for the media with regard to the handling of
cases within the contemplation ofthisAct.

Sec. 14. Implementing Rules andRegulations. - Within ninety (90) daysfrom the
effective date of this Act, the DepEd, in coordination with other implementing agencies,
shall promulgate the rules and regulations necessary for the implementationofthis Act.
The implementing rules and regulations (IRR) provided for under this Actshall be

reviewed periodically, and revised, if necessary.

Sec. 15. Separability Clause. - Should any provision of this Act be found
unconstitutional by a court of law, such provision shall be severed from the remainder of

this Act, and such action shall not affect the enforceability of the remaii
this Act.

ing provisions of

Sec. 16. Repealing Clause. — All laws, decrees, letters of instruction, resolutions,
orders or parts thereof which are inconsistent with the provisions of this Act are hereby
repealed, modified or amended accordingly

Sec. 17. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,