Letter to a Lawyer

Dear Attorney,

Good day! I am writing to seek clarification regarding a situation in our school. A teacher has been calling us students names, often in a manner that feels demeaning and offensive, for the past few weeks. I believe this is improper behavior and may even be against the law. However, I am unsure of the specific legal protections available to us as students under Philippine law.

Could you please enlighten me on whether such conduct constitutes a legal violation? If it does, what steps can be taken to address this issue? Additionally, I would appreciate your advice on how to handle this matter appropriately without escalating tensions unnecessarily.

Thank you for your time and guidance. I look forward to your advice.

Sincerely,
A Concerned Student

Understanding Verbal Abuse by Teachers Under Philippine Law

In the Philippines, the teacher-student relationship is built on mutual respect and trust, with teachers expected to uphold high moral and ethical standards. The behavior described, where a teacher calls students demeaning names, raises concerns under several legal frameworks and educational policies. Below is a comprehensive discussion of the laws, regulations, and remedies applicable to this issue.

1. Philippine Laws on Verbal Abuse

a. Child Protection Policy under Republic Act No. 7610
Republic Act No. 7610, or the "Special Protection of Children Against Abuse, Exploitation, and Discrimination Act," defines child abuse as acts that debase, degrade, or demean the intrinsic worth and dignity of a child as a human being. Teachers, as persons in authority, are explicitly prohibited from engaging in any acts that may harm or demean students.

Under Section 3(b) of the Act, psychological abuse includes any verbal abuse that results in emotional distress to the child. Calling students names in a demeaning or offensive manner falls within this scope, especially if the comments have caused mental anguish, public humiliation, or loss of self-esteem.

b. Anti-Bullying Act of 2013 (Republic Act No. 10627)
The Anti-Bullying Act mandates that all schools adopt policies to address and prevent bullying. The law defines bullying to include verbal acts that cause harm or discomfort to a student. Teachers are also subject to this policy, as their conduct must conform to professional standards and avoid any behavior that could constitute bullying or harassment.

c. Revised Penal Code (Grave Slander or Oral Defamation)
In extreme cases, verbal abuse may rise to the level of oral defamation or slander under Articles 353 and 358 of the Revised Penal Code. If the name-calling includes imputations that damage a student's honor or reputation, the teacher could be held criminally liable.

d. Civil Code of the Philippines (Obligations and Damages)
Articles 19, 20, and 21 of the Civil Code establish that every person must act with justice and observe honesty and good faith. Acts that cause harm or injury to another person may result in liability for damages. Students who suffer emotional distress due to verbal abuse by a teacher may claim compensation under these provisions.

2. Administrative and Professional Standards

a. Code of Ethics for Professional Teachers (Philippine Teachers’ Code)
The Code of Ethics for Professional Teachers requires educators to uphold the dignity of the teaching profession. Under Section 3, teachers must refrain from using offensive language or behavior that could harm students. Violating this code could result in administrative sanctions, including suspension or revocation of the teacher’s license.

b. Department of Education (DepEd) Child Protection Policy
DepEd Order No. 40, s. 2012 establishes a comprehensive child protection policy for schools. It mandates teachers to create a safe and nurturing environment for students. Acts of verbal abuse are expressly prohibited and must be reported immediately to school authorities for appropriate action.

3. Remedies for Affected Students

a. Internal School Remedies

Report the Incident: Students or their parents may report the teacher's behavior to the school administration or the Child Protection Committee (CPC) established under DepEd guidelines.
Initiate a Complaint: The complaint should detail the specific incidents, including dates, times, and the nature of the verbal abuse. Witnesses, if any, should also be identified.

b. Filing a Case with DepEd
If the school fails to address the issue adequately, the matter can be elevated to the Department of Education. DepEd has jurisdiction over administrative complaints against teachers for misconduct.

c. Criminal or Civil Actions

File a Criminal Complaint: If the verbal abuse meets the threshold of slander or psychological abuse under RA 7610, a criminal case can be filed with the local prosecutor’s office.
Seek Civil Damages: Affected students or their parents may file a civil case for damages arising from the emotional distress caused by the teacher's actions.

4. Preventive Measures and Advocacy

a. Awareness and Education
Schools must educate teachers, students, and parents about the legal and ethical responsibilities of educators. Training sessions on child protection laws and professional ethics should be conducted regularly.

b. Strengthening Child Protection Committees
CPCs must be empowered to investigate complaints promptly and ensure that disciplinary measures are enforced. This helps prevent future incidents and reassures students of their right to a safe learning environment.

c. Promoting Open Communication
Establishing a culture of open dialogue between students, parents, and school authorities can help address issues early before they escalate.

5. Case Law and Precedents

Several court decisions highlight the legal principles surrounding verbal abuse in educational settings. For instance, the Supreme Court has ruled that teachers who abuse their position and harm students may face administrative, civil, and criminal liability. These rulings reinforce the duty of care owed by teachers to their students.

Conclusion

The behavior described—where a teacher engages in name-calling—contravenes Philippine laws, ethical standards, and educational policies. Students have the right to be treated with dignity and respect in school. If such incidents occur, affected individuals can seek redress through administrative channels, legal remedies, and advocacy measures.

It is essential for schools to maintain strict compliance with child protection policies and for teachers to adhere to professional ethics. By fostering a safe and respectful learning environment, we uphold the integrity of the education system and the rights of students.