Art.
232
In the school premises and during school activities and affairs, the teacher exercises substitute
parental authority over the students. (Article 349, Civil Code.) More specifically, according to Article
352, "The relations between teacher and pupil, professor and student, are fixed by government
regulations and those of each school or institution. In no case shall corporal punishment be
countenanced. The teacher or professor shall cultivate the best potentialities of the heart and mind
of the pupil or student." And pursuant to this provision, Section 150 of the Bureau of Public Schools
Service Manual enjoins:
The use of corporal punishment by teachers (slapping, jerking, or pushing pupils
about), imposing manual work or degrading tasks as penalty, meting out cruel and
unusual punishments of any nature, reducing scholarship rating for bad conduct,
holding up a pupil to unnecessary ridicule, the use of epithets and expressions
tending to destroy the pupil's self-respect, and the permanent confiscation of
personal effects of pupils are forbidden.
In other words, under the foregoing Civil Code and administrative injunctions, no teacher may
impose corporal punishment upon any student in any case. But We are not concerned in this appeal
with the possible administrative liability of petitioner. Neither are we called upon here to pass on her
civil liability other than what could be ex-delicto, arising from her conviction, if that should be the
outcome hereof. The sole question for Our resolution in this appeal relates exclusively to her criminal
responsibility for the alleged crime of slight physical injuries as defined in Article 266, paragraph 2, of
the Revised Penal Code, pursuant to which she was prosecuted and convicted in the courts below.