Legal Recourse for Teacher Harassment and Verbal Abuse in Philippine Schools: A Comprehensive Overview

Harassment and verbal abuse in the school setting are serious matters, especially when they involve teachers who stand in loco parentis (i.e., in the place of a parent) and are entrusted with the duty to educate, protect, and guide students. In the Philippines, several laws, regulations, and administrative policies protect students and other members of the school community from abusive behavior. This article outlines the legal framework, relevant statutes, and possible remedies for victims of teacher harassment and verbal abuse—whether the complainant is a student, a parent, or a fellow teacher. It likewise addresses the liabilities that erring teachers may face.

1. Overview of Key Legal Provisions

1.1. The 1987 Philippine Constitution

Article II, Section 13: Upholds the State’s duty to protect the welfare of the youth and promote their moral, spiritual, and social well-being.
Article XIV, Section 1: Establishes that the State must protect and promote the right of all citizens to quality education and take appropriate steps to make such education accessible to all.

These constitutional provisions form the backbone of the country’s legal safeguards for children and learners.

1.2. Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act)

Defines “child abuse” as the maltreatment of a child, which includes psychological and physical abuse, neglect, cruelty, sexual abuse, and emotional maltreatment.
Teacher harassment or verbal abuse of a student can fall under “psychological and emotional maltreatment” if it causes or could cause mental or emotional suffering.
Criminal liability may be imposed on any person—including teachers—who commits acts constituting child abuse. Penalties vary depending on the severity and nature of the offense.

1.3. Republic Act No. 10627 (Anti-Bullying Act of 2013)

Primarily addresses bullying among peers, but DepEd issuances and policies under this law also consider bullying done by authority figures, if they inflict psychological harm on the child or student.
Under DepEd Order No. 55, s. 2013, schools have the duty to craft anti-bullying policies. While the emphasis is on peer bullying, teachers who engage in bullying-like behavior may likewise be covered by the school’s code of conduct or child protection mechanisms.

1.4. DepEd Order No. 40, s. 2012 (DepEd Child Protection Policy)

Explicitly prohibits any form of abuse (physical, verbal, sexual, psychological) by any member of the teaching or non-teaching staff.
Requires each school to create a Child Protection Committee (CPC) tasked with handling complaints of abuse, exploitation, violence, discrimination, and bullying.
Stipulates that all suspected cases of child abuse must be reported immediately and handled in accordance with the law and due process.

1.5. The Revised Penal Code (RPC)

Certain acts of verbal abuse may also be prosecuted under the RPC if they amount to:

Oral defamation (Slander) under Articles 353-355.
Unjust vexation, a catch-all provision under Article 287, if the harassment or abuse causes annoyance, irritation, or distress without a justifiable reason.

1.6. Code of Ethics for Professional Teachers (Board for Professional Teachers Resolution No. 435, s. 1997)

Imposes ethical standards on teachers and other licensed educational professionals.
Teachers are expected to respect the dignity of every learner, deal with them justly and impartially, and refrain from inflicting physical, psychological, or verbal harm.

1.7. The Magna Carta for Public School Teachers (Republic Act No. 4670)

While this law focuses more on the rights, benefits, and protections afforded to public school teachers, it also recognizes grounds for disciplinary action if a teacher commits any form of misconduct, including harassment or verbal abuse.
The teacher may face administrative proceedings led by the DepEd or the Civil Service Commission (CSC).

2. Types of Harassment and Verbal Abuse

In school settings, harassment and verbal abuse may manifest in various ways:

Insults, name-calling, belittling remarks that undermine a student’s or colleague’s dignity.
Threatening language meant to intimidate or instill fear in the victim.
Public humiliation carried out in front of peers or co-workers.
Chronic emotional abuse such as persistent scolding that goes beyond acceptable disciplinary methods.

Any of the above may expose a teacher to legal and administrative consequences if it meets the threshold under child protection laws or labor/administrative regulations.

3. Administrative and Disciplinary Remedies

3.1. Filing a Complaint Within the School

Child Protection Committee (CPC): Public and private elementary and secondary schools are mandated to form CPCs, which receive and investigate complaints of child abuse, bullying, or misconduct by a member of the academic community.
Guidance Office / Office of the Principal: Students, parents, or other staff who feel aggrieved can also approach the school principal or guidance counselor.

3.2. Department of Education (DepEd)

Division Office Complaint: If the school does not adequately address the complaint or if the incident is severe, the aggrieved party may lodge a complaint with the DepEd Division Office.
Regional Office / Central Office: In more serious cases, especially if there’s a conflict of interest or the local Division Office cannot address it, the complaint can be elevated to higher DepEd offices.
Administrative Charges: A teacher found guilty of misconduct (including verbal abuse and harassment) may face suspension, dismissal, or other penalties, depending on the severity and frequency of the violations.

3.3. Civil Service Commission (CSC)

For public school teachers, administrative complaints can also be filed with the CSC if the allegations involve conduct prejudicial to the best interest of the service or other administrative offenses enumerated under civil service laws.

3.4. Professional Regulation Commission (PRC)

Licensed teachers (public or private) who violate the Code of Ethics for Professional Teachers may face administrative cases before the Board for Professional Teachers under the PRC, which has the power to revoke or suspend the teacher’s license.

4. Criminal and Civil Liabilities

4.1. Criminal Liability

Child Abuse under RA 7610: A teacher found to have committed psychological or emotional maltreatment of a child can be criminally charged under RA 7610.
Oral Defamation (Slander): If the verbal abuse is deemed defamatory, a criminal complaint for slander may be pursued under the Revised Penal Code.
Grave Threats or Light Threats: If the teacher threatens the student or colleague, the relevant provisions of the RPC on threats could apply.

4.2. Civil Liability

Damages under the Civil Code: The victim (or parents, if the victim is a minor) may file a civil action for moral damages, nominal damages, or even exemplary damages, depending on the circumstances, especially if the abuse has caused mental anguish, emotional distress, or reputational harm.

5. Due Process and Procedure

Documentation of Incidents: The complainant (or the student’s parents) should keep a record of dates, times, witnesses, and exact statements or actions of harassment or verbal abuse.
Immediate Reporting: Report the incident promptly to the principal, guidance counselor, or the Child Protection Committee.
Preliminary Inquiry or Investigation: The school or the relevant DepEd office will conduct a preliminary investigation. If there is probable cause or sufficient basis, a formal administrative charge may follow.
Right to be Heard: The teacher has the right to respond and present evidence in defense.
Resolution / Decision: Depending on the results of the administrative or judicial proceeding, the teacher may be exonerated or subjected to penalties (administrative and/or criminal).
Appeals: The decision may be appealed to the next higher authority (DepEd Regional Office, Civil Service Commission, Court of Appeals, etc.).

6. Possible Penalties

Administrative Penalties: Reprimand, suspension, or dismissal from service (for government teachers).
Revocation or Suspension of License: If found guilty by the PRC’s Board for Professional Teachers.
Criminal Penalties: Fine or imprisonment under RA 7610 or the Revised Penal Code, depending on the gravity of the offense.
Civil Liabilities: Payment of damages if a civil suit is successful.

7. Harassment of Teachers by Others

While this article focuses on harassment by teachers, it is worth noting that teachers themselves can be victims of harassment or verbal abuse by colleagues, superiors, or parents. In such cases, teachers also have the following recourse:

Administrative complaint if the perpetrator is a fellow government employee (through the CSC or DepEd).
Complaint for workplace harassment within the school’s internal grievance mechanisms (especially in private schools).
Criminal and civil complaints if the acts constitute slander, threats, unjust vexation, or other punishable offenses under the Revised Penal Code.

8. Preventive Measures and Best Practices

Professional Development and Training: Schools are encouraged to provide regular training for teachers on classroom management, conflict resolution, and child protection standards to minimize incidents of verbal abuse or harassment.
Clear Code of Conduct: Both public and private schools should have robust internal rules that clearly define prohibited behavior and outline disciplinary processes.
Open Communication Channels: Maintaining a trusting environment encourages students to speak up if they feel uncomfortable or abused.
Frequent Monitoring and Reporting Mechanisms: Regular teacher evaluations, peer reviews, and guidance counselor reports can help identify early signs of problematic conduct.
Legal Awareness: Teachers and administrators should familiarize themselves with laws like RA 7610, DepEd Orders, and the RPC provisions, ensuring they understand the consequences of abusive behavior.

9. Conclusion

Harassment and verbal abuse by teachers in Philippine schools are grave offenses that can result in administrative sanctions, criminal prosecution, and civil liability. The Philippines has established a robust legal framework—ranging from the Constitution’s directive to protect youth, to specific laws like RA 7610 and DepEd’s Child Protection Policy—to safeguard the well-being of students and uphold the integrity of the teaching profession.

If a student, parent, or colleague experiences or witnesses teacher harassment or verbal abuse, prompt and proper reporting is crucial. Mechanisms exist at the school, Department of Education, Civil Service Commission, and even the Professional Regulation Commission to address complaints. By understanding the laws and policies in place, the school community can foster a safer, more respectful environment where both teachers and students thrive.