Filing a Complaint Against a Private-College Professor in the Philippines
A comprehensive legal-practical guide (updated to May 2025)
Quick take-away:
- Start in-house. Each private higher-education institution (HEI) is legally required to have its own grievance or Committee on Decorum and Investigation (CODI) procedure.
- Escalate externally if the internal process is unavailable, tainted, or ineffective: CHED for school-level violations, the Professional Regulation Commission (PRC) for licensed teachers, the City/Provincial Prosecutor for criminal acts, and other specialized agencies (e.g., National Privacy Commission for data-privacy breaches).
- Observe prescriptive periods. Administrative claims normally prescribe in 3 years (MORPHE), while criminal complaints follow the Revised Penal Code or special laws.
- Document everything—the success of any case turns on evidence.
- No retaliation. Retaliatory acts against complainants and witnesses are themselves punishable under multiple statutes (e.g., Safe Spaces Act).
1. Legal Framework & Sources of Authority
| Area | Key Statutes / Regulations | What They Cover | Where to File |
|---|---|---|---|
| Administrative control of private HEIs | • MORPHE (Manual of Regulations for Private Higher Education) 2019 rev. • CHED Memorandum Orders (e.g., CMO 40 s. 2008 on governance) |
Discipline, tenure, dismissal of faculty, student rights | Start with school grievance body; appeal to CHED Regional Office, then Commission en banc |
| Sexual harassment | • RA 7877 (Anti-Sexual Harassment Act) – still applies in academe • RA 11313 (Safe Spaces Act) – expands coverage, penalizes gender-based online harassment |
Administrative and criminal liability; mandatory CODI | Internally: CODI; Externally: Prosecutor’s Office/ courts |
| Violence, threats, acts of lasciviousness, fraud, etc. | Revised Penal Code & special penal laws (e.g., Anti-Photo & Video Voyeurism Act, Anti-Bullying Act where applicable) | Criminal prosecution | City/Provincial Prosecutor |
| Professional misconduct (if the professor holds a teaching license, nursing license, etc.) | RA 7836 & RA 9293 (Teachers’ Licensure laws); RA 8981 (PRC Modernization Act) | Suspension or revocation of license | PRC (Professional Board concerned) |
| Data-privacy breaches | RA 10173 (Data Privacy Act) | Unauthorized disclosure of grades, recordings, etc. | National Privacy Commission (NPC) |
| Human-rights violations | Constitution Art. III; CHR Charter (RA 10367) | Discrimination, degrading treatment | Commission on Human Rights |
Note: A single incident (e.g., a professor sending lewd messages) can give rise to multiple proceedings: a CODI case, a criminal complaint, and a PRC case.
2. Threshold Question: Is It Actually Misconduct?
- Academic judgment (e.g., “my grade is unfair”) is generally not actionable unless coupled with proof of bad faith, discrimination, or violation of written grading policies.
- Mere personality clashes are not misconduct unless they cross into harassment, abuse, or discrimination.
- Protected speech—critical or unpopular opinions—enjoy constitutional latitude, but hate speech, threats, and discriminatory remarks do not.
3. Step-by-Step Procedure
A. Internal (School-Level) Process
Consult the Student/Faculty Manual. Look for chapters titled Grievance, Discipline, or CODI.
Prepare a verified written complaint (sworn before a notary or any authorized admin officer) stating:
- Full name & contact of complainant(s) and respondent(s)
- Precise statement of facts (dates, places, acts)
- Specific rule/law violated, if known
- Reliefs sought (e.g., reprimand, dismissal, protective measures)
Attach evidence: screenshots, emails, class recordings, affidavits of classmates, medical reports, CCTV clips.
File with the proper office—Dean, HR, Student Affairs, or CODI Secretariat.
Expect a written answer from the professor within 3–5 working days (varies by manual).
Conference/hearing. You may bring a support person or counsel. The CODI must finish the investigation within the timeline set by law (e.g., 10 days under RA 11313 for sexual-harassment preliminary conference, 30–60 days total in most student manuals).
Decision & appeal. Decisions are usually appealable to the President/Board of Trustees within 10–15 days.
B. Escalation to CHED
If the school fails to act, or you believe due process was violated:
Grounds: Section 106, MORPHE—“Neglect in the supervision of student welfare,” “Gross inefficiency,” “Any act inimical to the interest of the student or the institution.”
Where: CHED Regional Office having jurisdiction over the school.
Form & contents: Verified complaint + proof you exhausted or were prevented from using internal remedies (e.g., no CODI, undue delay).
CHED procedure in brief:
- Docketing (within 5 days)
- Directive to answer (15 days)
- Clarificatory conference/hearing (optional)
- Regional Director’s decision within 60 days from joinder of issues
- Appeal to the CHED Commission en banc within 15 days
Sanctions: Warning, suspension, revocation of permit/recognition, recommendation to dismiss faculty.
C. Professional Regulation Commission (Optional)
- File a Verified Petition for Administrative Case with the appropriate PRC Board (e.g., Board for Professional Teachers, Board of Nursing) citing immoral/unprofessional conduct (Sec. 23, RA 7836).
- Prescription: 3 years from commission of act or discovery, whichever is later.
- Outcome: Reprimand, suspension, or revocation of professional license.
D. Criminal Complaint (When Acts Are Offenses)
| Common Charge | Statute | Where to Start | Key Time Limit |
|---|---|---|---|
| Acts of Lasciviousness | Art. 336 RPC | City/Provincial Prosecutor | 15 years from date (Art. 90 as amended) |
| Sexual Harassment (Work, Edu.) | RA 7877 | Prosecutor / CODI (admin) | 3 years (special law, courts differ; file ASAP) |
| Gender-Based Online Harassment | RA 11313 | Prosecutor | 5 years |
| Light Threats, Coercion | Art. 282 & 286 RPC | Prosecutor / Barangay (if ≤ 1 year max penalty) | 1 year |
| Libel/Slander | Art. 355 & 358 RPC | Prosecutor | 1 year |
Barangay Katarungang Pambarangay conciliation is not required for work/school relationships and for offenses punishable by >1 year.
4. Evidentiary Pointers
- Print or export electronic evidence (social-media messages, LMS posts) and have them authenticated (Sec. 1, Rule 5, Rules on Electronic Evidence).
- *Contemporaneous notes add credibility; send yourself an email summary right after an incident.
- Corroborate with classmates’ sworn statements—even a short Sinumpaang Salaysay helps.
- Preserve digital forensics: ask IT for system logs; request CCTV backups within seven days (Data Privacy Act allows it if security is involved).
- Medical/legal examination (UP–PGH, PNP WCPUs) within 72 hours for physical or sexual abuse strengthens both administrative & criminal cases.
5. Rights and Protections for the Complainant & Witnesses
| Right | Source | Practical Effect |
|---|---|---|
| Freedom from retaliation | RA 7877 & RA 11313; MORPHE; Labor Code for employees | Dismissal, harassment, grade demotion, or intimidation in retaliation is itself a punishable offense/serious misconduct |
| Confidentiality | Data Privacy Act; RA 11313 Sec. 8 | Identities must be kept confidential except to parties with a need to know |
| Legal counsel & support person | Constitution Art. III, Rule 6 CHED Rules | You may be accompanied by a lawyer, parent, or advocate in hearings |
| Speedy disposition | Constitution Art. III Sec. 16 | Unjustified delay can be ground to dismiss or sanction the hearing body |
| Psychosocial services | RA 11036 (Mental Health Act) | Schools must provide counseling for trauma survivors |
6. Possible Outcomes & Remedies
| Forum | Possible Sanctions vs. Professor | Possible Remedies for You |
|---|---|---|
| School/CODI | Written reprimand, suspension, non-renewal of contract, dismissal, no-contact orders | Grade correction, classroom reassignment, refund of tuition, apology |
| CHED | Warning to school, order to dismiss faculty, suspension/revocation of program permit, fines | Implementation of policies, compensation (rare), referral to prosecutor |
| PRC | Reprimand, 1–6 month suspension, revocation of license | Satisfaction that prof. cannot teach/practice during suspension |
| Courts | Imprisonment, fine, damages, protection order | Moral, exemplary and actual damages; restitution; civil indemnity |
7. Prescription & Deadlines (Cheat Sheet)
| Cause of Action | File Within | Counting From |
|---|---|---|
| CHED administrative complaint (MORPHE) | 3 years | Date of act or discovery |
| PRC administrative complaint | 3 years | Date of act or discovery |
| CODI sexual-harassment case (RA 7877 rules) | 30 days preferred (no strict bar but delay weakens case) | Date of last incident |
| Criminal complaints (acts of lasciviousness, libel, threats) | 1–15 years depending on penalty | Date of act |
| Civil action for damages | 4 years (torts) | Date of act |
Tip: If you are close to the deadline, skip internal remedies and file externally, explaining exceptional circumstances (undue delay, safety risk).
8. Template: Sworn Complaint-Affidavit (Essential Elements)
Republic of the Philippines Province/City of __________ x x
[YOUR NAME], Complainant, - versus - [PROFESSOR’S NAME], Respondent. x x
COMPLAINT-AFFIDAVIT
- I am [age], Filipino, student of [course/department] at [college], residing at [address].
- On [specific date, time, place], respondent [describe act]…
- [Attach numbered paragraphs recounting incidents in chronological order.]
- These acts constitute [sexual harassment under Sec. 3 RA 7877 / gross misconduct under Art. X of Student Manual, etc.].
- I execute this affidavit to initiate administrative/criminal proceedings and to attest to the truth of the foregoing.
[Signature over printed name] SUBSCRIBED AND SWORN to before me this ___ day of ______ 2025…
9. Frequently Asked Questions
| Question | Short Answer |
|---|---|
| Can I go straight to CHED? | Yes, if internal remedies are unavailable or futile, or the safety of the complainant is at stake. |
| Do I need a lawyer? | Not required but highly advisable, especially for criminal cases or PRC proceedings. Student legal-aid clinics may assist pro bono. |
| What if the professor is a visiting foreign instructor? | The school and CHED still have jurisdiction; the Bureau of Immigration may also be alerted for visa cancellation. |
| Will the complaint go on my transcript? | No. Discipline records attach to the respondent, not the complainant. |
| Can I settle? | Yes, for administrative/civil aspects. Criminal liability for offenses against chastity or violence cannot be compromised once filed. |
10. Practical Tips for Complainants
- Keep interactions in writing whenever possible.
- Act promptly; delay erodes credibility and evidence.
- Use neutral language in your affidavit—let facts, dates, and exhibits speak.
- Secure academic standing: request an incomplete grade or special examination if proceedings disrupt your studies.
- Leverage support systems: guidance counselors, parents, student government, and NGOs (e.g., Women’s Crisis Center, CHR regional desks).
- Follow up in writing (email) after every procedural step; ask for receiving copies.
Final Caveat
This article synthesizes statutes, regulations, and typical school policies current as of May 25 2025. Individual circumstances vary, and new CHED Memorandum Orders or case law may modify procedures and prescriptive periods. Consult a Philippine lawyer or accredited student-discipline officer for formal advice.