PRACTICES INJURIOUS TO PROFESSIONAL RELATIONSHIP

1. The Educator and the Society
By nature, and character of his profession, the educator tends to
facilitate the individual learning experience among his pupils/students. This
experience is that which posts the learners to act accordingly and manifest
what has been learned by way of communicating, behaving, ng, and serving
It, then, brings about changes in views and outlook. ways and traits, and
attitude and behavior, replacing the old inappropriate ones with new ones in
harmony with the said experience. In other words, the educator initiates
human transformation.
Now, since his learners make up the society where they live, interact,
and belong while living their learnings out, the educator, in one way of
another, contributes to the transformation of the society.
To work for such transformation, the educator should first study and
learn the specific customs, values, and traditions of the people by immersing
into the reality of the scenario. Therefrom, he can exert his efforts, as
appropriate, to identify himself with and be sensitive to the cultural heritage
of the society without losing his own sense of purpose so that he can
formulate suitable approaches leading to the process of the desired social
transformation.
Likewise, the educator is duty bound to epitomize good reputation
and integrity, emanating from within his very person. He has to be a living
example of the change he wishes to bring about to his learners and the
people. He has to be ever cordial in his relations with other professionals,
persons in authority, and members of different sectors. Finally, the educator
must always be ready to make himself available, as appropriate, in case his
services are needed for the good of the entire society.
Practices Injurious to Professional Relationship

2. Practices inimical to professional relationships particularly in education are
enumerated below:
1. Negligence is a failure of duty to employ a reasonable amount of care
characterized by either commission of an act which ought to be
avoided or omission of an act which ought to be performed, resulting
in harm and injury upon another.
"Duty of Care" in education, is an exercise of reasonable skills and
competence, incumbent upon the nature of the educator’s profession, to
ensure safety and protection of learners from harm and injury.
Safety pertains to the physical, social intellectual, of psychoemotional,
moral, and spiritual being of the learners and while harm and injury
pertain the damages along the mentioned from which the leaners should
be protected.
Conditions for the Liability of Negligence
Basically, several conditions need to be satisfactorily met to validate a claim
against negligence, to wit:
A. An educator-learner relationship exists. The duty of care presupposes
such relationship which resides in the complementary nature of
existence of the teacher who teaches and the student who learns, the
educator who dispenses education and the learner who undergoes it.
This kind relationship necessitates that the one performing the duty of
care the educator, whereas the other for whom the said duty is
performed is learner.
A court described the said relationship in the sense that the teacher
assumes particular responsibility for the student's safety because of
student's special dependence or vulnerability
B. The act of negligence is determined. This is evident when the teacher
recklessly performs an action that should be evaded which is contrary
to the discharge of reasonable skills or omits an action that should be

3. performed. It means that the capability of keeping the students away
from risks and dangers and of performing supposed action to establish
safety and protection falls within the ambit of authority, jurisdiction,
and capacity of the concerned educator.
C. The negligent act brings about harm or injury to the learner. The harm
or injury is directly ascribed to negligence either by commission or
omission of an action.
Negligence is a violation of the fundamental principles governing human
relationships, namely, principles of beneficence and non-maleficence.
To avoid negligence and ensure safety and protection of pupils and
students, the educator should conform the execution of his duty to a
"standard of care required of the profession.
Standard of care may refer to the objectively held norms governing the
practice of the teaching/educating profession as a form of protection of the
learners from harm and injury.
This requires a reasonable degree of skill and competence, along with the
ability to make right judgments as they ought to be inherent to the
profession presupposing tedious process of studies and practicum.
2. Discrimination is a biased and partial treatment against a person or group
of persons on the basis of preconceived marginalizing ideas resulting to
social ostracism.
Two Types of Discrimination
A. Direct discrimination "occurs when a person or a group of people is
treated less favorably than another person or group of people in the
same circumstances.
B. Indirect discrimination can be described as a requirement or rule that
is the same for everyone but has the result of unfairly excluding or
disadvantaging a group of people in an unreasonable manner.
Basic Possible Grounds for Discrimination.

4. These include the following:
a. physical features and impairment such as ugliness, shortness or tallness in
height, undesirable complexion, bodily disabilities and infirmities, and the
like;
b. parental and social status including being a single or unwed mother or
father, being an illegitimate child, etc.;
c. religious and political beliefs like a strong Catholic faith appearing
obnoxious to hedonistic society, seemingly peculiar religious contentions of
Jehovah's Witnesses, the Muslim way of life, etc.;
d. gender factor, examples of which are the exclusion of girls/ boys from
certain school activities purely on the basis of gender undesirability, gays
being degraded and humiliated on the bas of traits and movements;
e. racial factors such as, being a Negro, having a cultural lineage, etc.; and
f. others.
Discrimination is unreasonable because it is against the expression of fair
scheme of human treatment that should take place equitably and regardless
of social status, economic standing, and individual condition. It runs counter
to the dignity of the human person who should be treated with utmost
respect and regarded as such because of his uniqueness from other creatures
as taken from the image and likeness of his Creator.
3. Corporal Punishment "is any act that inflicts pain or harm op a child's body
as punishment for wrongdoing, usually thro beating or spanking."
Ordinarily, the punishment is inflicted upon an erring dile whatever age as a
form of discipline for the purpose of de him and others from committing the
same mistakes and front more wrong in their growing age. In short, he is
punished so baric may become a law-abiding citizen, a good human person,
and menace to the society someday.
Examples of Corporal Punishment

5. Deducing from its definition, corporal punishment may take on the following
forms:
a. striking the buttocks of a child with a bamboo stick:
b. whipping with a rod or a straight slim piece of wood or other material.
c. stoning with an eraser,
d. slapping one's face.
e. and others.
Such punishment was the usual way of disciplining a child the past, for the
wrong he has done. It was also allowed, to certain tolerable extent, by the
judicial system in the Philippines.
However, it was altogether eradicated by virtue of the Article 233 of the
Family Code stating that:
"In no case shall the school administrators, teacher or individual, engaged in
child care and exercising special parental authority, inflict corporal
punishment upon the child."*
Pointers for the Exclusion of Corporal Punishment from the School
Discipline Sarmiento enumerated several pointers for the exclusion of
corporal punishment from the school discipline, as follows:"
A. Children get hurt. When parents administer corporal punishment, it is
most often mitigated by the parents' affection for the child. It is not
always the case with someone who has no such natural affection; can
B. The power to use corporal punishment can lead to extreme
punishments for relatively little causes;
C. Corporal punishment models violence and the inappropriate use of
power. In other words, "when we use violence, we teach children to use
violence to solve problems. This comes at a time, when the country is
staggered by every kind of violence from domestic beating to drive-by
shooting":

6. D. Recent research indicates that corporal punishment violates the
psychological and physical boundaries of children. It may give them
the sense that they cannot defend their boundaries (making) them
more likely to be victimized by violence or sexual abuse later in life, and
E. Children who are rarely or never smacked (rate) better on some
intelligence tests than children who are frequently spanked. It could be
because parents/teachers who do not spank their children spend more
time talking to them and reasoning with them. This is not a waste of
time, as many parents believe, for research show that such verbal
parent-child interaction enhances the child's cognitive ability.
Nevertheless, "sparing the rod" does not mean spoiling the child. It is even
imperative for the educator to ensure observance of discipline among pupils
and students as part of their formation program. Otherwise, they would grow
up unaware of human values they should live out as rational beings distinct
from brute animals Discipline, basically, consists of training, counseling,
admonition, and most importantly, setting good examples by adults and
educators.
The so-called 'grounding' may also be in place which constitutes temporary
curtailment of some privileges commensurate to the gravity of misdeeds a
child commits. Such grounding may be lessened in degree as the child
progresses in the modification of his attitude and behavior. In other words,
discipline should be formative without having to inflict physical pain. It is
directed towards the child's realization of his wrongdoing and mindfulness
of rules and regulations meant to make him a better human being.
4. Defamation is the uttering or publishing of slanderous words with the
purpose of injuring another's reputation.**** Defamatory statements may fall
under the category of stander and libel.
Slander "is the utterance in the presence of another person af a false
statement or statements damaging to a third person's character or

7. reputation." Usually, it takes the form of spoken language Slander is different
from libel.
Libel "is a malicious writing or representation which brings its object into
contempt or exposes him to public derision. In a way, defamatory words
stipulated in any document, written of printed, such as newspapers,
magazines and the like, may constitute libel, bringing about harm and
damage to the victim.
Conditions for a Cause of Action against Defamation
A. A defamatory remark is issued against the other. The a. declaration
which is detrimental to the reputation of the person defamed is
apparent For example, Sandra alleges that Dennis has a sexual affair
with a woman other than his wife.
B. The said remark is issued to a person or group of persons other than
the defamed one. In the case of slander, a statement is usually uttered
by the defaming person in the presence of someone other than the
victim. In the case of libel, a written or printed document embodying
said statement that may serve as concrete evidence is made available
for others to see.
C. If the defamatory remark concerns the public, the minimum fault that
can be attributed to the one who issued it is his failure to employ a
reasonable amount of care and that said failure causes harm and
damage to the victim's reputation. The liability may vary depending on
the gravity of the matter, motive of the one who issued it, and other
circumstances under which the act is done that may either be
mitigating or aggravating.
A defamatory statement is issued when it is made before another person
against someone else. A statement issued may basically consist of
defamation when the three aforesaid conditions are evident.
Defamation is both illegal and immoral. It is an act not only of destroying but
also of 'murdering' the good reputation of a human person which he is,

8. rather, obliged to sustain by reason of his human dignity. Much worse, the
victim is instantly subjected to subjective impression and prejudgment
among those to whom the defamatory remarks were issued by the defaming
person about which the victim cannot defend himself under the
circumstance, making the act plainly and tangibly unjust.
5. Insubordination is a deliberate act of a subordinate to refuse and disobey
a lawful order from a superior.
Elements of Insubordination
Insubordination can be established against an educator when the following
elements are existing:
A. Deliberate Act. The act of refusing and disobeying is consciously and
purposely performed by the subordinate. A subordinate is one who
belongs to the lower rank in the chain of command and is dury-bound
to obey as he is ordered. He is aware of what he is doing. He
understands the order and knows what it means to refuse and disobey.
B. Refusal and Disobedience to a Lawful Order from a Superior. The order
must be clear, valid, and legitimate. It pertains to the work of a
subordinate according to his defined position and functions. The order
also emanates from the one in authority and jurisdiction, and the
subordinate is able to recognize it as an order.
A college professor who refuses to perform his teaching assignment as
ordered by his dean can be a ground for insubordination.
C. issuance of a Plain Warning of the Repercussion. This presupposes
perennial defiance of a lawful order. The superior should make a prior
categorical declaration on the appropriate sanction which can be
imposed upon the defying subordinate
Conditions for Omission of Obedience without the Elements of
Insubordination

9. A. Subordinate's failure to execute a directive. It may be because the
subordinate does not know and understand an order for he is not
informed about it. Besides, failure is not identical with deliberate refusal
to obey an order. If the failure is culpable, the subordinate may still face
charges lesser than insubordination.
B. Defiance of an order that is immoral and illegal. For instance, an
elementary teacher cannot be charged with insubordination for not
obeying the order of her principal º manipulate the results of the
pupils' achievement test in an effort to uplift the name of their school.
The order is immoral as it is in transgression of the dictates of right
reason. It is incapable of being ordered to the principle of truthfulness,
C. Non-compliance to an order that is not within the scope of jurisdiction
and authority of the superior issuing the said order and/or is beyond
the defined field of expertise and functions of the subordinate to whom
the order is directed. A college dean cannot accuse an English lady
professor of insubordination for refusing to follow his directive of
handling the subject in Rizal as it does not belong to her line of
specialization. Clearly, ordering the professor to do such is not within
her defined field of expertise and functions. Rizal must be handled by
History or Rizal teachers.
D. The order is deleterious to the well-being of the subordinate and/or
public interest. For example, an elementary teacher assisting in an
election poll is ordered by her principal to tamper. with its real results
in favor of a particular group of candidates. This act does not only make
up an immoral and illegal order but most significantly a command
catastrophic to public interest for it would ruin the choice of the people
expressed in the exercise of their rights to suffrage.
insubordination is contrary to the order of organizational hierarchy and
leadership recognized by the dictates of right reason. Reason dictates that
leadership should be respected and obeyed to sustain order, harmony,
and professional relationships in any human organization.

10. On the other hand, it is incumbent upon the nature of leadership to
manifest authentic responsibility and authority to ensure, not only order
in the organization, but also the attainment of the organizational goal
which is basically, organizational growth revealing individual development
of all its members.
6. Abuse of Authority
Authority "is the right and power of ordering others to act in a certain
manner and of exacting obedience.***
Like leadership, authority is in accordance with the order of nature. Since,
he is a social being by nature, man tends to interact with his fellowmen
for self-realization and human fulfillment. They them, aimed at the
achievement of both personal and common form society where they co-
exist and manifest solid union among goals. However, not infrequently, in
his interactions with others, motives of meeting his personal goals, and
biases or prejudices stemming from subjective experiences along with
ignorance, passion and concupiscence, it is possible for man to dominate
and assert himself to the detriment of others resulting in disorder, turmoil,
and discord-contrary to what the society is for.
Thus, it is rationally imperative for a human society to exist as it ought to
be with an entity or a body responsible for the attainment not only of the
good of one person or group but of all. This necessitates investing of the
said entity with the right and power to govern, to make orders, and to
exact obedience among the people thereby constituting authority whose
essential role "is to ensure as far as possible the common good of the
society." Authority is based on the moral order fitted to continuing
harmonious relationships and the orderly existence of mankind.
The Compendium of the Social Doctrine of the Church exhorts: "It is from
the moral order that authority derives its power to impose obligations and
its moral legitimacy, not from some arbitrary will or from the thirst for

11. power, and it is to translate this order into concrete to achieve the
common good."
In other words, the power, right and moral legitimacy of authority are
fundamentally derived from the moral order requiring observance of
natural law, basic human rights, and public order, and not from accorded
social or institutional recognitions. Basically, authority acts pursuant to
dictate of right reason that is universally mandatory by reason of the same
human nature within which it is embedded.
Abuse of Authority is the unreasonable use of power and right to make
orders and exact obedience among its subjects. The use of power and
right becomes unreasonable when authority exacts obedience upon its
subjects with orders that are not capable of being ordered to the good of
human nature, natural law and God's eternal law.
For example, a college professor makes a precept ordering students to
strip off their clothes piece by piece, whenever a series of questions the
professor asks are not accurately answered. This is a blatant abuse of
authority; he makes orders inimical to the dictates of right reason.
The Catechism of the Catholic Church (CCC) makes it vividly clear that:
"Authority is exercised legitimately only when it secks the common good
of the group concerned and if it employs morally licit means to attain it.
If rulers were to enact unjust laws or take measures contrary to the moral
order, such arrangements would not be binding in conscience. In such a
case, authority breaks down completely and results in shameful abuse.
Hence, "authority must be guided by the moral law. (So that) all of its
dignity derives from its being exercised within the context of the moral
order which in turn has God for its first source and final end."
7. Sexual Harassment is a human conduct of sexual nature, which in and
of itself, takes the element of taking advantage over one in a vulnerable

12. by another in an advantageous position and is against human dignity,
purity and decency. The term is more of a legal perspective, taking a
variety of forms and definitions depending on its determined boundaries.
In the Philippines, the Republic Act No. 7877 dated February 14, 1995,
otherwise known as the "Anti-Sexual Harassment Act," defined the term
within the parameters of work, education, or training, to wit:
"Work, education or training related sexual harassment is committed by
an employer, employee, manager, supervisor, agent of the employer,
teacher, instructor, professor, coach, trainer, or any other person who,
having authority influence or moral ascendancy over another in a work or
training or education environment, demands, requests or otherwise
requires any sexual favor from the other, regardless of whether the
demand, request or requirement for submission is accepted by the object
of said act.****
Obviously, the occurrence of this type of harassment is possible when a
person, whether man or woman, manifests a significant sense of
vulnerability, dependency, and reliance as in occupational, professional or
schooling sphere upon the other who has authority over him/her so that
the indecent proposal can appropriately be construed as an act of taking
advantage in asexual realm. It is crystal clear that sexual harassment takes
place prior to and regardless of whether the desired sexual act is
consummated. It takes on a new form of crime such as rape, as the case
maybe, when the sexual act is consummated with the usual element of
coercion as it is against the will of the victim.