SEMINAR ON TEACHERS

LIABILITY

STATISTICS
TOP 3 CHILD ABUSE AND RELATED
COMPLAINTS
REFERRED TO CENTRAL OFFICE
AS OF AUGUST, 2010 TO PRESENT
1. NCR- 59
2. REGION IV-A 22
3. REGION VII- 5

STATISTICS
500 to 800 cases of child abuse
are annually committed by
teachers
Half of the perpetrators in
schools were teachers. A small
percentage
also
included
janitors, bus drivers, and other
school personnel.

VERBAL AND SEXUAL ABUSE

VERBAL SEXUAL VIOLENCE IN SCHOOL

36.53 % of children in Grades 46 and 42. 88% of high school

students surveyed indicated
they have experienced verbal
sexual violence in school
Source: Towards A Child Friendly Education Environment,
PWU- CWC- UNICEF for Plan Philippines

INAPPROPRIATE TOUCHING
11.95% of children in Grades 46 and 17.60% of high school
students have experienced
inappropriate touching.

Source: Towards A Child Friendly Education Environment,

PWU- CWC- UNICEF for Plan Philippines

PHYSICAL VIOLENCE

STATISTICS
at least 5 out of 10 Filipino children in
grades 1-3,
at least 7 out of 10 in grades 4-6, and
at least 6 out of 10 in high school
have experienced some kind of
violence in school.
Source: Towards A Child Friendly Education Environment,
PWU- CWC- UNICEF for Plan Philippines in 2009

MOST COMMON FORMS OF

PHYSICAL VIOLENCE
Pinching
Having objects such as books, chalks,
erasers thrown at them
Being kicked, choked, hit on the head
or nape area, or having ones head
banged

PSYCHOLOGICAL AND VERBAL

ABUSE

MOST COMMON TYPE OF PSYCHOLOGICAL AND VERBAL ABUSE

teasing
name-calling
cursing
shouting
harsh language

EFFECTS
Low self-esteem
Fear
Anger
Helplessness

EXISTING LAWS

1987 Philippine Constitution

Art. XV. Sec. 3(b). the State
shall defend the right of children
to assistance, including proper
care and nutrition, and special
protection from all forms of
neglect,
abuse,
cruelty,
exploitation
and
other
conditions prejudicial to their
development...

 The State recognizes the vital

role of the youth in nation
building and shall promote and
protect their physical, moral,
spiritual, intellectual and social
well-being.

 Article XIV, Section 3, (b): all

educational institutions shall
inculcate patriotism and
nationalism, foster love of
humanity, respect for human
rights...

Article 218, 220, 233

of the Family Code

gives
the
school,
its
administrators and teachers, or
the
individual,
entity
or
institution engaged in child care
the special parental authority
and responsibility over the
minor child while under their
supervision,
instruction
or
custody.....

 Authority and responsibility

shall apply to all authorized
activities whether inside or
outside the premises of the
school, entity or institution....

CHILD AND YOUTH WELFARE CODE

In the Philippines, corporal

punishment
is
prohibited,
following the issuance in 1974
of the Child and Youth Welfare
Code (Presidential Decree No.
63, Article 59). It prohibits any
mental and physical violence
against children.

RA 7610
Child abuse is punishable by
Philippine law the Special
Protection of Children against
Abuse,
Exploitation,
and
Discrimination Act (RA 7610) of
1992 ensures the safety and
welfare of the Filipino youth.

SALIENT FEATURES
Child abuse
refers to the maltreatment, whether habitual or
not, of the child and includes any of the ff:
(1) Psychological and physical abuse, neglect, cruelty, sexual
abuse and emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or
demeans the intrinsic worth and dignity of a child as a human
being;
(3) Unreasonable deprivation of his basic needs for survival, such
as food and shelter; or
(4) Failure to immediately give medical treatment to an injured
child resulting in serious impairment of his growth and
development or in his permanent incapacity or death.

CHILD PROTECTION POLICY

OF DEPED

Department of Education (DepEd) has

released a comprehensive policy that will
ensure the protection of students against
bullying,
abuse,
exploitation
and
discrimination in schools.
The objective of the policy is to observe and
promote zero tolerance on any act of child
abuse, exploitation, violence, discrimination,
bullying, and other forms of abuse in school

CONSEQUENCES
Involvement OR
negligence of school
personnel

Students involved in
abusing another
student

could result in
administrative
cases or
dismissal from
services

counseling and
other penalties

RA 7877
Anti- Sexual Harassment
Act of 1995

The State shall value the dignity of every

individual, enhance the development of it
human resources, guarantee full respect for
human rights, and uphold the dignity of
workers, employees, applicants for
employment, students or those undergoing
training, instruction or education. Towards this
end, all forms of sexual harassment in the
employment, education or training
environment are hereby declared unlawful.

ACTS PENALIZED: (WET)

Punishes sexual harassment if:
Work- related
Education- related
Training-related

Who may be liable?

Work- related
- any employer, employee, manager,
supervisor, agent of the employer
Education- related
- by any teacher, instructor, professor
Training-related
- By any coach or trainor

Who may be liable?

Any person who having (AIM) over another in a
work, training or education environment
Authority
Influence
Moral ascendancy
Demands, request or otherwise requires any
sexual favor from the other
Regardless of whether the demand, request or
requirement for submission is accepted by victim

EDUCATION / TRAINING RELATED

Against one who is under the care or
supervision of the offender
Against one whose education, training,
apprenticeship or tutorship is entrusted
to the offender
When sexual favor is made a condition to
the giving of a passing grade or granting
of honors and scholarships, or payment
of stipend, allowance or other benefits,
privileges, or considerations; or

 When the sexual advances

results in (IHO) for the student,
trainee or apprentice
Intimidating
Hostile
Offensive Environment

NOTE: OTHER PERSON LIABLE?

Any person who DIRECTS or
INDUCES another to commit any
act of sexual harassment
Who COOPERATES in the
commission thereof BY
ANOTHER without which it
would not have been committed

WHERE CAN IT TAKE PLACE?

Workplace, office, school, training institution
In any place where parties were found as a
result of work, education, training
Related social functions
Official business outside the workplace, office,
school, training institution
Related travel
Official conferences, fora, symposia, training
sessions
By telephone, cellular phone, fax machine or
electronic mail

ILLUSTRATIVE FORMS OF SEXUAL HARASSMENT

PHYSICAL
Malicious Touching
Overt sexual advances
Gestures with lewd insinuation

 VERBAL
Request or demands for sexual
favors
Lurid remarks
OTHERS
Use of objects, pictures or
graphics, letters or writing notes
with sexual underpinnings

CLASSIFICATION OF SEXUAL HARASSMENT

GRAVE OFFENSES
Unwanted touching of private
parts (genetalia, buttocks and
breast)
Sexual assault
Malicious touching
Requesting sexual favors in
exchange of passing grade,
honors, scholarship
Other analogous cases

LESS GRAVE OFFENSES

Unwanted touching or brushing against
a victims body
Pinching not falling under grave offenses
Derogatory or degrading remarks or
innuendo directed toward the member of
one sex or ones sexual orientation or
used to describe a person
Verbal abuse with sexual overtones
Other analogous cases

LIGHT OFFENSES
Surreptitiously looking or staring at a persons private part
or worn undergarments
Telling sexist/smutty jokes or sending it through electronic
mail or other similar means, causing embarassment and by
nature offensive or vulgar
Malicious look or gaze in a lascivious or unpleasant way
Display of sexually offensive pictures, materials or graffiti
Unwelcome inquiries or comments about a persons sex life
Unwelcome sexual flirtation, advances, propositions
Offensive hand or body gestures
Unwanted attention with sexual overtones
Unwelcome phone calls with sexual overtones

DUTIES OF THE EMPLOYER

Promulgate rules and
regulations
Prescribing the procedure for
the investigation
Create a committee on decorum
and investigation to increase
understanding on this one

NOTE:
ADMINISTRATIVE SANCTIONS
shall not be a bar to prosecution
in the proper courts for unlawful
acts of sexual harassment

LIABILITIES
Solidary liability for damages
employer, head of office, educational
training institution, if informed of
such acts by the offender and NO
IMMEDIATE ACTION is taken
Will not preclude the victim to
institute a separate and independent
action

PENALTIES
Imprisonment of not less than
one month nor more than 6
months
Or a fine of not less than 10,000
nor more than 20,000
Or both

PRESCRIPTION
Action will prescribe in 3 years

QUIZ
True or False
1. Sexual Harassment can occur outside the work
site and still be considered work related
2. Sexual harassment is not limited to physical
contact.
3. Friendly flirting is not sexual harassment when
practiced between mutually consenting
individuals who are equal in power or authority
4. The victim has to be of the opposite sex of the
harasser.
5. Terms of endearment honey dear are
considered verbal abuse.

THANK YOU FOR

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