Teacher may face admin, civil liability

CEBU, Philippines - The teacher who refused to sign the clearance, which may have led to the suicides of two students in Daanbantayan may face administrative and civil liabilities.

Former Integrated Bar of the Philippines – Cebu City President Elaine Bathan, the Assistant Dean of the University of San Jose – Recoletos College of Law, said the teacher may be held liable if the refusal to sign the clearance “was baseless, unfounded, flimsy, and arbitrary.”

“This standard should have been properly set and will be given sa students at the start of the school year and failure to comply would cause delay,” Bathan said.

“If the part of the teacher if there was valid reason she is not liable. But if the reason was baseless unfounded and flimsy, that is arbitrary which you be held accountable and liable,” she added.

However, Bathan said the teacher cannot be held liable criminally.

“We expect 15 years old to act with discernment and they know what’s right and what’s wrong, and taking their lives is wrong,” she said.

If investigation would point to the action of the teacher as a “proximate cause” of death, then the teacher has civil liability.

“That’s another story though it could be a contributory factor to discern and decide to take their lives. We have to take the gravity of the proximate cause,” she said.

The Department of Education has already sent a legal team to Daanbantayan to investigate the incident.

Cebu Provincial Division Supt. Arden Monisit said he is also waiting for the situational report from the principal of Daanbantayan National High School.

Regional Director Juliet Jeruta said students are supposed to be protected while inside the school through the child protection policy especially against bullying.

 Department of Education order No. 40 series 2012 puts primary importance on the wellbeing of the children based on Republic Act 10627 or the Anti-Bullying Act.

 Jeruta said the multi-sector Child Protection Committee of the agency is composed of teachers, students, and concerned stakeholders.

 The committee’s objective is to ensure that the welfare of the child is prioritized.

 Jeruta emphasized that a clearance should not be used by teachers to threaten, more so harass, students.

 The teacher involved in the incident is reportedly “depressed.” A relative said the teacher has stopped reporting to school and is undergoing counseling.

 The teacher’s family promised to release an official statement in due time. — /JMO (FREEMAN)