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Republic of the Philippines

House of Representatives
Batasan Hills, Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILLNO. 5391

Introduced by Representative Florencio Gabriel “Bem” G. Noel

EXPLANATORY NOTE

The chronically overworked state of public-school teachers in the
Philippines is well-known. The workload of public-school teachers is not
only limited to teaching but also to other nonteaching tasks. Given this
workload, actual teaching is increasingly being sidelined by the multitude
of other responsibilities and roles that teachers play resulting to
depression or worst, suicide.

Public school teachers lack the institutional support in standards
and the permissible and effective methods of instilling discipline,
guidance counselors to serve as support personnel. Considering all these,
it is now appropriate to ensure a nurturing and safe school environment
not only for all students, but for our educators as well.

As teacher protection is as indispensable as child protection. To
this end, this bill seeks to amend Republic Act 7610, otherwise known as
the Special Protection of Children Against Abuse, Exploitation and
Discrimination Act. As long as any act committed by teacher or school
personnel is pursuant to the disciplinary rules and procedures prescribed
by the DepEd, it shall not be deemed as “child abuse”.

This bill further seeks to institutionalized support mechanisms by
giving teachers free legal assistance and trainings in matters involving
classroom management and discipline. Further, the proposed measure
aims to create guidelines that will set out, among others, the appropriate


and effective responses and interventions that will address violation of
school rules and regulations.

This bill was approved on its third and final reading in the 17"
Congress. Therefore, approval of this bill is earnestly sought.

nem <
FLORENCIO GABRIEL “BEM” G. NOEL

An WARAY Partylist Representative


‘Republic of the Philippines
House of Representatives
Patusan Hille, Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILLNo.__ 5392

Introduced by Representatives Florencio Gabriel “Bem” G. Noel

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

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

Section 1. Short Title. - This Act shall be known as the "Teachers’ Protection 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 henceforth understood to encompass the State's responsibility to
provide appropriate instruction to students about school discipline, their duties and
responsibilities with respect to their peers, to their teachers and other persons of
authority, and to members of their community.

To this end, the State shall institutionalize measures to implement in all public
schools clearly defined regulations on appropriate student behavior towards other
students, teachers, and school staff 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 and legal assistance for teachers
and school staff, who interact daily with students and thus find themselves in situations
that could expose them to allegations 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
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 and
twenty (120) days from the effectivity of this Act.

For purposes of this Act, the Guidelines shall, among others, 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
cover their students while under their supervision, instruction, and custody. As
such, the Guidelines to be produced by 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 behavior and deal with the same consistent with the law and the
Guidelines to be issued by 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 the responses and
interventions.

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

Sec. 5. Consultation of Involved Sectors 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 behavior 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
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 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 on the Guidelines. - All employees
of the Division shall also annually receive instructions related to the 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 behavior and psychology, classroom management techniques,
positive discipline, and other related fields, as well as on the Guidelines and the scope
of their duties and responsibilities with respect to student discipline and classroom
management.

Sec. 9. Support Personnel. - The DepEd, with the Department of Budget and
Management, shall also 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, DepEd shall endeavor to meet
the recommended ratios of one guidance counsellor for every 200 students in public
elementary and high schools

Sec. 10. 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 the conduct of periodic seminars and formulation
of primers and other explanatory materials.

Sec. 11. Protection for Teachers and School Personnel in Charges Related to Student
Discipline and Classroom Management. - \n all cases related to student discipline and
classroom management, including criminal and administrative charges of child abuse,
DepEd shall extend to its teachers and other personnel the necessary protection,
including 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, 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 hold all responsible persons administratively,
civilly, and criminally liable.

Sec. 12. 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 its guidelines for the media with regard to the handling of cases
within the contemplation of this Act.


Sec. 13. Implementing Rules and Regulations. - Within ninety (90) days from the
effectivity of this Act, DepEd shall promulgate the rules and regulations necessary to
implement the provisions of this Act.

Sec. 14. Separability Clause. - If any portion or provision of this Act is subsequently
declared invalid or unconstitutional, other provisions hereof which are not affected
thereby shall remain in full force and effect

Sec. 15. Repealing Clause. - Republic Act No. 7610 is hereby modified accordingly.
All other laws, acts, presidential decrees, executive orders, presidential proclamations,
issuances, rules and regulations, or parts thereof which are contrary to or inconsistent
with any of the provisions of this Act are hereby repealed, amended, or modified
accordingly

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

Approved,