Teachers as Persons in Authority PDF

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Chapter IV: The Rights and Privileges of Teachers in the PhilippinesEDUC 55TEACHERS AS PERSONS IN AUTHORITYWHO ARE TEACHERS?THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS, Republic Act No. 4670 June 18, 1966Sec. 2 “Teachers" and shall apply to all public school teachers except those in the prof...

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Chapter IV: The Rights and Privileges of Teachers in the Philippines EDUC 55 TEACHERS AS PERSONS IN AUTHORITY WHO ARE TEACHERS? THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS, Republic Act No. 4670 June 18, 1966 Sec. 2 “Teachers" and shall apply to all public school teachers except those in the professorial staff of state colleges and universities. As used in this Act, the term "teacher" shall mean all persons engaged in classroom teaching, in any level of instruction, on full-time basis, including guidance counselors, school librarians, industrial arts or vocational instructors, and all other persons performing supervisory and/or administrative functions in all schools, colleges and universities operated by the Government or its political subdivisions; but shall not include school nurses, school physicians, school dentists, and other school employees.

Presidential Decree No. 1006- promulgated on September 22, 1976 and made effective on January 1, 1972. According to this decree, teaching refers to the profession primarily concerned with the classroom instruction at the elementary and secondary levels in both public and private schools. The term teacher refers to all persons engaged in teaching, including guidance counselor, school librarians, industrial arts/vocational teachers and all other person performing supervisory and administrative functions. A professional teacher is one who has “a permanent appointment under the Magna Carta for Public Scholl Teachers and all others who may qualify for registration.”

WHO IS A PERSON IN AUTHORITY? Batas Pambansa Blg. 232, “Education Act of 1982”, September 11, 2982 Sec. 11, Par. 3. Teachers shall be deemed persons in authority when in the discharge of lawful duties and responsibilities, and shall, therefore, be accorded due respect and protection.

Commonwealth Act No. 578, June 8, 1940 COMMONWEALTH ACT NO. 578 - AN ACT TO AMEND ARTICLE ONE HUNDRED FIFTYTWO OF THE REVISED PENAL CODE, SO AS TO INCLUDE TEACHERS, PROFESSORS, AND PERSONS CHARGED WITH THE SUPERVISION OF PUBLIC OR DULY RECOGNIZED PRIVATE SCHOOLS, COLLEGES, AND UNIVERSITIES, WITHIN THE TERM "PERSONS IN AUTHORITY"

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Section 1. Article one hundred fifty-two of Act Numbered Three thousand eight hundred and fifteen, known as the Revised Penal Code, is amended to read as follows: "ARTICLE 152. Persons in authority. – Who shall be deemed as such. – In applying the provisions of the preceding and other articles of this Code, any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission, shall be deemed a person in authority. "In applying the provisions of articles one hundred forty-eight and one hundred fifty-one of this Code, teachers, professors, and persons charged with the supervision of public or duly recognized private schools, colleges, and universities, shall be deemed persons in authority." Section2. This Act shall take effect upon its approval. Enacted, without Executive approval, June 8, 1940

BATAS PAMBANSA BLG. 873, June 12, 1985 AN ACT AMENDING ARTICLE 152 OF THE REVISED PENAL CODE BY CONSIDERING LAWYERS AS PERSONS IN AUTHORITY WHEN IN THE PERFORMANCE OF THEIR DUTIES OR ON THE OCCASSION THEREOF Section 1. Article 152 of the Revised Penal Code is amended as follows: "Article 152. Persons in authority and agents of persons is authority - Who shall be deemed as such. - In applying the provisions of the preceding and other articles of this Code, any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission, shall be deemed a person in authority. A barrio captain and a barangay chairman shall also be deemed a person in authority. "Any person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as barrio councilman, barrio policeman and barangay leader, and any person who comes to the aid of persons in authority, shall be deemed an agent of a person in authority." "In applying the provisions of Articles 148 and 151 of this Code, teachers, professors, and persons charged with the supervision of public or duly recognized private schools, colleges and universities, and lawyers in the actual performance of their professional duties or on the occasion of such performance shall be deemed persons in authority." Section 2. After approval, this amendment shall take effect thirty (30) days after its publication in the Official Gazette. Approved, June 12, 1985.

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The immediate foregoing provisions confer the status of persons in authority upon supervisor, principals, teachers, and professors of public or private school.

CHAPTER VI of the New Civil Code, Book I Persons Substitute parental authority Art. 349. The following persons shall exercise substitute parental authority: (1) Guardians; (2) Teachers and professors; (3) Heads of children's homes, orphanages, and similar institutions; (4) Directors of trade establishments, with regard to apprentices; (5) Grandparents; (6) The oldest brother or sister. Art. 350. The persons named in the preceding article shall exercise reasonable supervision over the conduct of the child. Art. 351. A general guardian or a guardian over the person shall have the same authority over the ward's person as the parents. With regard to the child's property, the Rules of Court on guardianship shall govern. Art. 352. The relations between teacher and pupil, professor and student, are fixed by government regulations and those of each school or institution. In no case shall corporal punishment be countenanced. The teacher or professor shall cultivate the best potentialities of the heart and mind of the pupil or student.

LIABILITY Book Two, Civil Code- Obligations and Contracts QUASI-DELICTS Art. 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter. (1902a) Art. 2180. The obligation imposed by Article 2176 is demandable not only for one's own acts or omissions, but also for those of persons for whom one is responsible. The father and, in case of his death or incapacity, the mother, are responsible for the damages caused by the minor children who live in their company. Page 3 of 7

Guardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company. The owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions. Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry. The State is responsible in like manner when it acts through a special agent; but not when the damage has been caused by the official to whom the task done properly pertains, in which case what is provided in Article 2176 shall be applicable. Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices, so long as they remain in their custody. The responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence of a good father of a family to prevent damage. (1903a) FAMILY CODE OF THE PHILIPPINES Art. 218. The school, its administrators and teachers, or the individual, entity or institution engaged in child care shall have 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. (349a) Art. 219. Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. The parents, judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable. The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved that they exercised the proper diligence required under the particular circumstances. All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts.

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