I. Introduction

Schools are legally and morally obligated to be safe spaces for learning. Yet many Filipino students experience harm not through physical violence, but through verbal harassment (insults, humiliation, threats, sexual jokes, slurs, or persistent belittling) and teacher bias (unequal treatment based on gender, socioeconomic status, appearance, disability, religion, ethnicity, political belief, academic standing, or family background). These acts can cause profound psychological damage, distort academic outcomes, and push learners out of school.

Philippine law does not treat these harms as “normal discipline” or “part of growing up.” A web of constitutional principles, statutes, administrative rules, child-protection policies, and civil/criminal remedies recognizes students as rights-holders and imposes duties on teachers and schools.

II. Key Concepts and Definitions

A. Verbal Harassment in School Settings

While not always named in one statute, verbal harassment is covered by multiple laws and policies when it includes:

Profanity, screaming, name-calling, mocking, humiliation
Threats of violence or academic retaliation
Sexual remarks, jokes, or insinuations
Discriminatory slurs or degrading comments about identity
Repeated belittling leading to emotional distress

In school policy, verbal harassment is often treated as:

Child abuse or psychological violence
Bullying (if peer-to-peer, but teachers can be perpetrators too)
Sexual harassment (if sexual in nature)
Discrimination (if rooted in bias)

B. Teacher Bias

Teacher bias is the unfair, prejudicial, or discriminatory conduct by a teacher that affects:

Classroom treatment (favoritism, exclusion, ridicule)
Discipline (selective punishment)
Assessment (unjust grading, refusal to help)
Opportunities (blocking participation, leadership roles)

Bias may be explicit (open discrimination) or implicit (patterns of unequal treatment).

III. Foundations in the Constitution

The Constitution anchors students’ protections even before specific statutes:

Right to Human Dignity (Art. II, Sec. 11) Every person—especially children—is entitled to dignity. Verbal degradation violates this core principle.
Right to Due Process and Equal Protection (Art. III, Sec. 1) Students should not be targeted or treated differently without lawful, reasonable basis.
Right to Quality Education (Art. XIV, Secs. 1–2) Education must be accessible and humane. A hostile classroom undermines this right.
State Protection of Children (Art. II, Sec. 13; Art. XV, Sec. 3) The State must protect children from all forms of neglect and abuse, including psychological harm.

These principles guide interpretation of school rules and teacher conduct.

IV. Major Philippine Laws Protecting Students

A. Child Protection and Anti-Abuse Laws

1. RA 7610 – Special Protection of Children Against Abuse, Exploitation and Discrimination Act

RA 7610 covers child abuse, including psychological and emotional maltreatment. Verbal harassment by teachers can qualify when it:

Causes emotional suffering
Is repeated and degrading
Results in fear, trauma, or severe anxiety

Teachers and school authorities who commit or allow abuse may face criminal liability.

2. RA 9262 – Anti-Violence Against Women and Their Children Act

Applies when:

The perpetrator is a spouse/partner of the child’s parent, or
The act is within a domestic relationship.

This is less common in teacher-student settings, but relevant in boarding or guardianship contexts.

B. School-Specific Protection

1. RA 10627 – Anti-Bullying Act of 2013

Although focused on peer bullying, it requires schools to prevent any severe or repeated use of verbal, written, or electronic expression that causes emotional harm. Many schools interpret and implement it broadly to include staff misconduct, especially when DepEd child protection rules apply alongside it.

Schools must:

Adopt anti-bullying policies
Create reporting and response mechanisms
Protect complainants from retaliation

C. Discrimination and Bias-Related Laws

Teacher bias becomes legally actionable when connected to protected traits:

1. Gender-Based Discrimination

RA 9710 – Magna Carta of Women Requires elimination of discrimination in education and mandates gender-sensitive environments.
DepEd Gender-Responsive Basic Education Policy (and related issuances) Operationalizes gender protection in schools.

2. Disability-Based Discrimination

RA 7277 – Magna Carta for Persons with Disability
RA 10524 and inclusive education policies Schools must provide equal access and reasonable accommodations. Mocking a disability or refusing support due to disability may violate these laws.

3. Ethnic, Cultural, Religious, or Socioeconomic Bias

The Constitution’s equal protection clause
Indigenous Peoples’ Rights Act norms in education
DepEd inclusion policies

Even without a single “anti-discrimination education statute,” discriminatory teacher conduct is punishable through administrative and civil routes.

D. Sexual Harassment and Gender-Based Verbal Abuse

1. RA 7877 – Anti-Sexual Harassment Act

Covers harassment in education by a person in authority (teachers, coaches, administrators). Sexual jokes, comments on bodies, requests for dates in exchange for grades, or humiliating sexual speech can fall here.

2. RA 11313 – Safe Spaces Act

Expands coverage to gender-based sexual harassment in schools, including verbal, psychological, and online harassment. It explicitly recognizes:

Catcalling, sexist slurs, relentless sexual teasing
Homophobic/transphobic remarks
Leering and sexual humiliation tied to identity

Schools must set up codified safe spaces mechanisms.

E. Cyber Harassment

If the verbal harassment occurs through:

Class group chats
Social media
Email or learning platforms

It may invoke:

Cybercrime Prevention Act (RA 10175)
Safe Spaces Act (online contexts)
School disciplinary rules

V. DepEd / CHED / School Administrative Frameworks

A. DepEd Child Protection Policy

DepEd policy treats as prohibited:

Humiliating, ridiculing, or degrading language
Threats, intimidation, or shaming
Discrimination and bias
Psychological violence

It obligates schools to:

Create a Child Protection Committee (CPC)
Provide confidential reporting channels
Conduct prompt fact-finding
Protect the student from retaliation
Offer psychosocial support and referral

B. Code of Ethics for Professional Teachers

Teachers must:

Respect learners’ rights and dignity
Avoid favoritism or discrimination
Maintain professional boundaries
Use discipline consistent with child welfare

Verbal harassment breaches professional ethics independently of criminal law.

C. CHED and Private School Rules

For higher education and private basic education, CHED/DO standards and institutional student handbooks usually mirror:

Non-discrimination duties
Anti-sexual harassment structures
Student discipline due process
Grievance systems

Even private schools are bound by constitutional values through regulation and contracts.

VI. What Rights Students Have in Practice

1. Right to Be Free from Psychological Violence

Students are protected from conduct causing mental or emotional harm, not only physical acts.

2. Right to Non-Discrimination and Equal Treatment

No student may be singled out, mocked, or graded unfairly because of identity or background.

3. Right to Safe Reporting

Schools must provide accessible complaint channels and protect complainants.

4. Right to Due Process in School Discipline

If the school responds by disciplining the student (for reporting or reacting), the student is entitled to:

Notice of allegations
Opportunity to explain
Neutral decision-making

5. Right to Confidentiality

Child protection frameworks emphasize privacy.

6. Right to Remedies

Students may seek:

Administrative sanctions
Criminal prosecution (for severe abuse or harassment)
Civil damages
Protective orders (in extreme cases)

VII. Legal Liabilities of Teachers and Schools

A. Administrative Liability (Most common)

Teachers may be charged for:

Grave misconduct
Conduct prejudicial to the best interest of the service
Oppression or abuse of authority
Discrimination
Sexual harassment
Violation of DepEd/CHED policies

Sanctions range from reprimand to dismissal and license revocation.

B. Criminal Liability

Depending on facts, teachers may face:

Child abuse under RA 7610
Sexual harassment under RA 7877 / RA 11313
Unjust vexation, threats, slander/defamation (Revised Penal Code)
Cybercrime offenses (if online)

Criminal cases require proof beyond reasonable doubt; schools often begin with administrative action.

C. Civil Liability

Students/parents may claim damages when harm is proven, against:

The teacher (personal liability)
The school (vicarious or institutional negligence)

Schools that ignore complaints can be liable for failure to prevent foreseeable harm.

VIII. How Complaints Typically Work

Step 1: Document What Happened

Students should record:

Date, time, place
Exact words used
Witnesses
Screenshots for online harassment
Impact on wellbeing or grades

Step 2: Report Through School Mechanisms

Adviser, guidance office, CPC, department chair, principal
For colleges: student affairs, grievance committees, gender office

Step 3: School Fact-Finding / Investigation

A neutral committee gathers statements. Protection against retaliation must be observed.

Step 4: Administrative Decision

Possible outcomes:

Mediation (only if safe and not coercive)
Sanctions
Referral to external agencies

Step 5: Escalation

If unresolved:

DepEd Division/Regional Office
CHED Regional Office
PRC (professional discipline)
Local social welfare office or police (criminal complaint)

IX. Evidence and Standards of Proof

Administrative cases: substantial evidence (lower threshold)
Criminal cases: proof beyond reasonable doubt (higher)
Civil cases: preponderance of evidence

Evidence can include:

Witness testimony
Audio/video (if lawful and not violating school rules excessively)
Chat logs or emails
Guidance counselor reports
Medical/psychological assessments
Patterns of complaints

X. Special Concerns and Real-World Scenarios

A. “Discipline” vs. Abuse

Teachers can correct behavior, but not through humiliation or fear-based tactics. Discipline must be:

Proportionate
Educational
Respectful of dignity
Non-discriminatory

B. Academic Retaliation

Threatening grades or opportunities because a student complains is:

Abuse of authority
Obstruction of child protection processes
Potentially a separate offense

C. Power Imbalance

Philippine policy recognizes adult authority as a risk factor. Students may feel unable to resist or report, which is why the system requires proactive school action.

D. Mental Health Impacts

Verbal harassment and bias can lead to:

Anxiety, depression, trauma
School avoidance
Dropout risk
Self-harm ideation

These harms strengthen the seriousness of the case and urgency of protection.

XI. Defenses Teachers Might Raise—and How Law Views Them

“It was a joke.” If the student experiences humiliation or it targets identity, law still treats it as harm.
“I’m just strict.” Strictness is not a license to degrade. “Strict discipline” must still be humane.
“The student is oversensitive.” Child protection focuses on impact and reasonableness, not adult minimization.
“No one else complained.” One credible complaint is enough; patterns only aggravate liability.

XII. Duties of Schools Beyond Punishment

Even if a teacher is sanctioned, schools must:

Provide counseling and support
Prevent recurrence (training, monitoring)
Review policies
Ensure academic repair (fair grading review if bias affected evaluation)
Create inclusive classroom culture

Failure to take these steps may constitute institutional negligence.

XIII. Practical Guidance for Stakeholders

For Students

You are not “weak” for feeling harmed.
Write it down, save screenshots, identify witnesses.
Report to a trusted adult or guidance office.
Ask for support if you feel unsafe.

For Parents/Guardians

Listen without blaming the student.
Request a meeting with school authorities.
Ask about CPC procedures and timelines.
Escalate if the school ignores or retaliates.

For Teachers

Discipline should correct behavior, not destroy dignity.
Avoid sarcasm about identity, family background, or ability.
Use restorative and trauma-informed practices.
Be alert to implicit bias patterns.

For School Leaders

Ensure complaint systems are real, not performative.
Train staff regularly.
Track repeat offenders and hotspots.
Protect reporters and witnesses.

XIV. Conclusion

Verbal harassment and teacher bias are not minor classroom issues; under Philippine law they can be child abuse, discrimination, sexual harassment, or professional misconduct. Students have enforceable rights to dignity, equality, safe learning environments, and meaningful remedies. Teachers and schools carry corresponding legal duties to prevent harm and respond decisively.

When schools treat emotional safety as seriously as academic performance, they don’t just follow the law—they fulfill the true purpose of education: the formation of a free, respected, and fully human learner.