After the controversial talk involving a teacher, many people released their thoughts by posting on their social media account.
A Dean Institute of Law, Mel Sta Maria (Facebook account name), posted a video explaining the teacher's limitations towards disciplining the students at school.
He gave a scenario where the teacher does the disciplinary action by letting the student stayed outside for an hour or more.
The question:
Does the teacher have the power to do that?
Did the teacher do something wrong?
Is the teacher go beyond her authority to punish the child?
Mel Sta Maria then explained the Family Code of the Philippines (Executive Order No. 209 S. 1987).
He said that within school setting there should be no corporal punishments.
Corporal punishment means a punishment involving physical hit or infliction of body harm. The teachers are not allowed to beat the hand nor to punch the ears of the students. They should not even throw chalk and eraser to them.
But the law does not say other types of punishment are less than corporal punishments.
Squat and letting the student stayed outside are not a corporal punishments not unless it leads to abusive act.
He even then explained about the Child Abuse Law. He said that not all corporal inflection towards the child is child abuse law.
According to the Supreme Court, the child abuse is only possible if the intention of the offender is to diminish the child's personality, look down their intrinsic humanity, and let them feel as useless person.
But if the purpose is to discipline, make good and understand the child's wrongdoings is not involved in child abuse law.
"There is no crime, when there is no criminal mind", Mel Sta Maria said.
The teacher has a Special Parental Authority and the parents have Principal Parental Authority.
Please watch the whole video, just click the link
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