THE RIGHT OF PARENTS TO

DISCIPLINE THE CHILD

Article 45 Youth & Welfare Code. Right
to Discipline the Child. - Parents have the
right to discipline the child as may be
necessary for the formation of his good
character, and may therefore require
from him obedience to just and
reasonable rules, suggestions and
admonitions.
Section 2 par. c, IRR RA 7610. Discipline
administered by a parent or legal guardian to a
child does not constitute cruelty provided it is
reasonable in manner and moderate in degree
and does not constitute physical or
psychological injury.
 TEACHERS AS PARENTS
Art. 218 Family Code. The school, its
administrators and teachers, or the individual,
entity or institution engaged in child care shall
have special parental authority & 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.
 TEACHERS AS PARENTS
• Before the Family Code of 1987 took effect, in
loco parentis (in place of the parent) was required
of teachers; that is, another set of parents could
substitute by taking full responsibilities as parents
over the children.
• Under the Family Code, it has been modified to
‘special parental authority’. Teachers are no
longer substitutes but are rather legally exercising
parental authority & responsibility over the
children in school, simultaneously with the
natural or biological parents.” (Atty. Ulan
Sarmiento)
LEGAL BASES FOR PROHIBITING CORPORAL
PUNISHMENT & THE PRACTICE OF
POSITIVE DISCIPLINE
Art. 233 Family Code. … In no case shall the school
administrator, teacher or individual engaged in child
care exercising special parental authority inflict
corporal punishment upon the child.
 It must be noted that only persons exercising
special parental authority cannot inflict corporal
punishment. Parents and persons exercising
substitute parental authority can inflict corporal
punishment.
 Section 2 par. c, IRR RA 7610. Discipline
administered by a parent or legal guardian to
a child does not constitute cruelty provided it
is reasonable in manner and moderate in
degree and does not constitute physical or
psychological injury.
Article 28 of the UN Convention on the Rights
of the Child (Right to education): … Discipline in
schools should respect children’s dignity. For
children to benefit from education, schools must
be run in an orderly way – without the use of
violence. Any form of school discipline should
take into account the child's human dignity.
Therefore, governments must ensure that
school administrators review their discipline
policies and eliminate any discipline practices
involving physical or mental violence, abuse or
neglect…
Sec. 15, DepEd Child Protection Policy. Prohibited
Acts. The following acts, as defined under Sec. 3 of
this Order, are hereby prohibited & shall be
penalized in administrative proceedings as Grave or
Simple Misconduct depending on the gravity of the
act & its consequences, under existing laws, rules &
regulation:
1. Child abuse
2. Discrimination against children
3. Child Exploitation
4. Violence against children in schools
5. Corporal punishment
6. Any analogous or similar acts
Sec. 8 par. H, DepEd Child Protection Policy.
Duties & Responsibilities of School Personnel.
Practice positive & non-violent discipline, as may
be required under the circumstances; provided
that in no case shall corporal punishment be
inflicted upon them (children).