School Discipline in Public

Schools
&
Conflict Management and
Resolution
Atty. JOSE MARIO M.
MACARILAY

OVERVIEW

Legal Bases
Teachers Liability
Students Rights
School Liability

Legal Bases
D.O No. 92, s.1992
Every school shall maintain
discipline inside the school
campus as well as outside the
school premises when pupils or
students are engaged in activities
authorized by the school.

Imposition of Disciplinary
Action

School officials and teachers shall

have the right to impose appropriate
and reasonable disciplinary measures
in case of minor offenses or infractions
of good discipline. However, no cruel
or physically harmful punishment
shall be imposed or applied
against any pupil or student.

Special Parental Authority

Article 218, Family Code

The school, its administrators,
and teachers shall have special
parental
authority
and
responsibility over the minor child
under
their
supervision,
instruction or custody.

Family Code (Article

218)

Special Parental Authority

and responsibility of the
school shall apply to all
authorized activities whether
inside or outside the
premises of the school

Discipline Outside the

School

Q:Does the school have

authority to impose
discipline for offenses
committed outside the
school?

Angeles v. Sison (112 SCRA 26)

Two FEU students assaulted a

professor in a restaurant outside
the university premises. The school
imposed disciplinary sanctions
against them.

Discipline Outside the

School

Common sense dictates that

the school retains its power to
compel its students in or offcampus to a norm of conduct
compatible with their standing
as members of the academic
community.

Test of Schools Right

The true test of a school's right to

discipline a student for a misconduct
committed outside the school is not
the time or place of the offense..
but its effect upon the morale and
efficiency of the school and whether
it, in fact, is adverse to the school's
good order, welfare and the
advancement of its students.

When may it apply?

1. In cases of violations of school

policies or regulations occurring in
connection with a school-sponsored
activity off-campus;
2. In case where the misconduct of
the student involves his status as a
student or affects the good name or
reputation of the school.

TEACHERS LIABILITY
Vicarious Liability
Basis of Teachers
Liability
School Custody
How to Avoid
Liability

VICARIOUS LIABILITY

Where a person is not only liable

for
damages
committed
by
himself.
But also for damages committed
by others with whom he has a
certain relationship and for whom
he is responsible (Tamargo v. CA,
209 SCRA 518)

Basis for Teachers

Liability

Article 2180, Civil Code:

Teachers or heads of establishment
of arts and trade shall be liable for
damages caused by their pupils
and students or apprentices, so long
as they remain in their custody.

Who are liable?

The School AND the

Administrators
AND
the teacher concerned
are solidarily liable.

When is a student in school

custody?

When he is inside the school

premises in pursuance of a
legitimate student objective.
When he is outside the school in
the exercise and enjoyment of a
student right or privilege.

Is the School still liable even

during school breaks?

The case of Amadora v. CA

Alfredo Amadora was shot dead by his
classmate, Pablito Daffon inside the
school auditorium of Colegio de San
Jose-Recoletos, Cebu.
Incident happened during semester
break. Amadora went to school to
submit his Physics report.

Why was the school made liable?

The student is in the custody

of the school authorities as
long as he is under the control
and influence of the school and
within its premises, whether
the semester has not yet
begun or has already ended.

How about if the student

is already of age?

The case of Palisoc vs. Brilliantes

[1971]
A 22 year old student accidentally
killed a 16 year old student while
they were exchanging fist blows
inside the Manila Technical Institute;
The teacher and the school head
were held solidarily liable with the
offender.

Why were they held liable?

The protective custody of the school

heads and teachers is mandatorily
substituted for that of the parents.
It is their obligation to provide
proper supervision of the students'
activities during the whole time that
they are at school, including recess
time

Even if it was an
accident?

The school head and the teacher in

charge were obligated to take the
necessary precautions to protect the
students from dangers and hazards
that would reasonably be anticipated.
Including injuries that some students
themselves may inflict willfully or
through negligence on their fellow
students.

Why are teachers held

liable?

The teacher will be held liable as the

law does not require that the
offending student be of minority age.
Unlike the parent, who will be liable
only if his child is still a minor, the
teacher is held answerable by the law
for the act of the student under him
regardless of the student's age.

Are teachers always

liable?

NO. They are only held liable if

they are proven to be negligent.
The negligence must likewise be
proven to be the proximate cause
of the damages suffered.
Teachers cannot be held liable if
they exercised due diligence (of a
good father of a family).

School is liable even if the

offenders are outsiders.

The case of PSBA v. CA, 205

SCRA 729 [1992]
Carlitos Bautista was stabbed
to death by outsiders while he
was at the 2nd floor of the PSBA
building.
The school was held liable.

Why is the school

liable?

Contract for an atmosphere

conducive to learning.
Institutions of learning must meet
the implicit or "built-in" obligation of
providing their students with an
atmosphere that promotes or assists
in attaining its primary undertaking of
imparting knowledge.

Why is the school responsible for security?

Certainly, no student can absorb the

intricacies of physics or higher
mathematics or explore the realm of
the arts and other sciences when
bullets are flying or grenades
exploding in the air or where there
looms around the school premises a
constant threat to life and limb.

School is liable even if damage

was caused by accident

The case of St. Francis School v. CA

Picnic in the beach, not authorized by the
school but had some teachers. Two
students accidentally drowned. School is
liable.
The presence of teachers legitimized the
activity.

Teacher is liable if he
signs the letter for the
activity.

UST vs. Divina (2000 case)

The LM Society held their annual
assembly at a beach in Batangas.
Atty. Divina, as Adviser, signed the
letter addressed to the parents but he
did not attend the event.
An alleged RAPE occurred.

UST v. Divina

The alleged victim filed a criminal case

against 4 of her classmates and a civil
case against Atty. Divina and UST.
The criminal case was dismissed because
the fiscal found out that the girl
consented.
Civil Case dismissed as against UST.
Atty. Divina was terminated and
perpetually disqualified to teach.

How to avoid liability

Diligence of a good father of the

family.
Parents waiver (permit)
Prior Notice / Disclaimer
Force majeure (unforeseen,
inevitable)
Cessation of special parental
authority

STUDENTS RIGHTS

Student Leaders
Rights Outside the
School
Administrative Due
Process
Free Speech
Free Assembly
Associations
Grading System

Rights of Students
(outside the campus)

Villar vs. TIP (1985 case)

Student leaders led a rally outside the
school but also caused disruption and
boycott of classes.
The student leaders were refused
enrollment in the next semester.
The students appealed on the ground
of free speech and assembly.

Students Rights vs.

Academic Freedom

The exercise of students rights

cannot be a basis for refusing their
enrollment.

Can you refuse enrolling a student

without violating the law or DepED
orders?

However, students with academic

deficiencies may be refused
enrollment. This is within the
schools academic freedom.

Administrative Due Process

Guzman vs. National University (1986)

Student Council officers mounted an
attack against the school administration
by distributing leaflets and making public
speeches and rallies without any permit.
The student leaders were immediately
expelled without hearing.

CARDINAL RULES OF DUE

PROCESS

"(1)to be informed in writing of the nature and

cause of accusation against them;
(2) the right to answer the charges against
them with counsel;
(3) to be informed of the evidence against
them;
(4) the right to adduce evidence in their own
behalf; and
(5) the evidence must be duly considered by
the investigating committee or official
designated by the school authorities to hear
and decide the case."

FREE SPEECH NOT

ABSOLUTE

The right of the students to free

speech in school premises, however,
is not absolute. The right to free
speech must always be applied in
light of the special characteristics of
the school environment.[Miriam
College Foundation vs. Court of Appeals, December
15, 2000]

Miriam College vs. C.A.

Chi-Ro (school paper, Sept.-Oct 94)

Libog at iba pang mga tula
Parents and students complained
The school, after investigation,
expelled some staff members and
suspended others.
Q: May campus journalists be
punished as a result of what they had
published?

The nature of the

articles

Kaskas, written in Tagalog, treats of the

experience of a group of young, male, combo
players who went to see a bold show in a
place called "Flirtation". The articles described
in detail the group sex that followed.
In the foreword which the students entitled
"Foreplay", the students justified the
Magazine's erotic theme arguing: hindi ito
garapal and ending:"Dahil para saan pa ang
libog kung hindi ilalabas?"

Campus Journalists not

Immuned

The Supreme Court affirmed the expulsion.

Section 7 of the Campus Journalism Act
means that the school cannot suspend or
expel a student solely on the basis of the
articles he or she has written, except
when such article materially disrupt class
work or involve substantial disorder or
invasion of the rights of others.

Right to Free
Expression

Case of Political Science Forum vs. UST

Some students were suspended for not
wearing school uniforms. The students sued
UST on the ground that the uniform policy
violates their right to free expression.
The RTC of Manila dismissed the case on the
ground that students were free to enter any
other university. Once they are admitted, they
must abide by reasonable school policies.

Right to Form
Associations

The right of students to form associations

not contrary to law cannot be abridged.
(Sec. 8, Art. III, 1987 Constitution)
The school cannot prohibit fraternities nor
penalize members thereof, unless they
commit some violation of law [i.e.
hazing].
These organizations may be regulated
thru the schools system of accreditation.

Hazing in Fraternities

Case of Ateneo de Manila v. Capulong(1993)

Ateneo law students, members of Aquila
Legis fraternity, engaged in hazing causing
the death of Leny Villa.
The students involved were refused
admission in the next semester although no
criminal case was filed against them.
Is the school correct?

Is the penalty correct?

Yes. Hazing, as a ground for disciplining

a student, is justified by the increasing
frequency of injury, even death,
inflicted upon the neophytes by their
insensate "masters."
Thus, it passes the test of
reasonableness and absence of malice
on the part of the school authorities.

Grading System

The final grade of a student in a

given subject should be based
solely on his scholastic
performance.

May honors be denied for misconduct?

Ledesma vs. CA and Delmo [1988]

Violeta Delmo was supposed to graduate
as magna cum laude. [West Visayas
College]
She was treasurer of a school club and
she lent money to club members in
violation of the school rules.
Jose Ledesma (school president) did not
allow Delmo to graduate with honors on
the ground of misconduct.

School and Teacher were held

liable.

Violeta Delmo went through a painful

ordeal which was brought about by
the teachers neglect of duty and the
schools callousness. Thus, moral
damages are but proper.
The law is clear. The basis of a
students grade is merit, not conduct.

What is a grading system?

What is essential is that the

students are apprised how their
grades are computed and the
mechanics thereof are transparent.

Liability of a Principal
He must see to it that his
own teachers, regardless of
their status or position
outside of the university,
must comply with the rules
set by the latter.

Why not just hold the

teacher liable?
The

negligent act of a teacher

who fails to observe the rules of
the school, for instance by not
promptly submitting a students
grade, is not only imputable to the
teacher but is an act of the
school.

The END of Part I

Realities of Conflict

Unavoidable / inevitable - a fact of

life
Some can be prevented or
minimized
Has positive and negative aspects

What is conflict?

A battle, contest or opposing

forces between primitive desires
and moral, religious or ethical
values
A state of incompatibility of ideas
between two or more parties or
individuals

Conflict Defined

Conflict arises when two or more

values, perspectives and opinions
are contradictory in nature and
have not been aligned or agreed
about

Types of Conflict

Within yourself if not living

according to your values
When your values and
perspectives are threatened
Discomfort from fear of the
unknown or from lack of fulfillment

The Nature of Conflict

Frequent conflict may be healthier

than no observable conflict
Happens at all stages of a relationship
A critical event impact on
relationship
Positive or negative (counter
productive results, bad attitudes)
Reflects group dynamics

The Nature of Conflict

Critical event because:

May lead to resentment, hostility,

ending of relationship
If well-handled, can be productive
leading to deeper understanding,
mutual respect and closeness
Success of a relationship based on
how conflicts are resolved

Stages of Negative
Conflict
1.
2.
3.
4.

Avoidance or denial stage

Getting mad or blaming stage
Using power and influence
Manipulating

The Problem with Conflict

Hampers productivity
Lowers morale
Causes more and continued
conflicts
Creates inappropriate behavior

Benefits of Positive
Conflict

Identifies differences and benefits

from differences
Addresses problems
Energizes work on most important
issues
Motivates people to participate
Stimulates competition

Conflict is not the

problem.
It is when conflict is poorly
managed that is the
problem.

Conflict Management

The practice of identifying and

handling conflict in a sensible, fair
and efficient manner

Causes of Conflict

Complexity of organizations
Interaction among workers
Dependence on one another

Causes of Conflict

Poor communications
Inadequate resources
Mismatch in values and actions
Leadership problems

Managing Conflict - Factors

1.
2.
3.
4.

Players involved
Importance of the issues
Emotional states
Desired outcomes

Managing Conflict Methods

1.
2.
3.
4.
5.

Avoidance
Accommodation
Competing
Compromising
Collaborating (best option)

Conflict Management Examples

1.
2.
3.
4.
5.

6.

Periodic review job descriptions

Build relationships
Do regular written status reports
Conduct basic training
Develop procedure for tasks and
include employees feedback
Hold management meetings or
dialogues

A Rational Way to
Resolve Conflicts
1.
2.
3.
4.
5.
6.

Identify the problem

Explore possible solutions
Evaluate each alternative
Decide on best solution
Implement the agreed action
Monitor the outcomes
(Repeat process)

The end.

MARAMING
SALAMAT
PO!