Pursuant to the 1987 Constitution, the State shall defend the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development (Article XV Section 2 [2]).

The Constitution further provides that all educational institutions shall inculcate patriotism and nationalism, foster love of humanity, respect for human rights, appreciation of the role of national heroes in the historical development of the country, teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency. (Article XIV, Section 3 [2]).

The Convention of the Rights of the Child (CRC) aims to protect children from all forms of physical or mental violence, injury and abuse, neglect or negligent treatment, maltreatment, and exploitation, including sexual abuse. The same Convention establishes the right of the child to education, and with a view to achieving this right progressively, and on the basis of equal opportunity, it obliges the government to take measures to encourage regular attendance in school and reduce drop-out rates. Thus, it is mandated that all appropriate measures be undertaken to ensure that school discipline is administered in a manner consistent with the child’s human dignity and in conformity with CRC.

Towards this end, the Department of Education (DepEd), in collaboration with its partners and stakeholders, shall ensure that all schools are conducive to the education of children. The best interest of the child shall be the paramount consideration in all decisions and actions involving children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle of First Call for Children, as enunciated in the CRC. Teachers and learning facilitators especially in learning centers are their substitute parents and are expected to discharge their functions and duties with this in mind. In this connection, the Family Code empowers the school, its administrators and teachers, or the individual, entity or institution engaged in childcare to exercise the special parental authority and responsibility over the child, while under their supervision, instruction, or custody.