1) The document discusses student disciplinary procedures in private schools and institutions in the Philippine setting. It outlines the sources of authority to discipline students, due process requirements, and types of misconduct and sanctions. 2) Key authorities that can discipline students include school administrators and teachers based on the Private School Law and Civil Code provisions. Disciplinary proceedings must follow due process, including notice of charges and a fair hearing. 3) Common types of student misconduct addressed include cheating, theft, vandalism, and drug use. Sanctions are categorized as dropping, suspension, or expulsion depending on the offense. Decisions can be appealed following established rules.

1. Student Disciplinary
Procedures in Private
Schools/ Institutions
(Philippine Setting)
Rhea Ruto legaspi- Crispolon
MaEd- EdM – PNU, Manila

2.  Discipline – is a term used to refer to action
resulting from both failure to meet scholastic
standards and from infractions of rules or
violations of social code.
 Student Discipline – refers to the desired and/or
expected norm of conduct of students and the
corresponding administrative sanctions for
violations thereof, as set forth in the duly
approved and promulgated school rules and
regulations.

3. AUTHORITY TO DISCIPLINE: IN WHOM VESTED
 Philippine Legislature Act 2706 otherwise
known as the Private School Law, on the
basis of which the Manual of Regulations for
Private Schools has been promulgated. The
Manual provides that “every school is required
to maintain good school discipline” and that it
“shall have the authority and prerogative to
promulgate such rules and regulations as it
may deem necessary from time to time
effective as of the date of their promulgation
unless otherwise specified”.

4.  For the Bureau of Public Schools, the
source of authority to discipline is contained
in the Service Manual (1912), its latest
edition is 1960. The Service Manual
provides that “pupil should be required to
be clean, orderly, courteous and respectful,
prompt, obedient, industrious and
reasonably regular in attendance”.

5.  Provisions of the New Civil Code:
“Art. 349. The following persons shall exercise
substitute parental authority:
(2) Teachers and professors
“ Art 350.( They shall exercise reasonable
supervision over the conduct of a
child.(doctrine of in loco parentis)
“Art 352. The relations between the teacher
and pupil, professor and student, are fixed by
government regulations and those of each
school or institution. In no case case corporal
punishment be countenanced.

6.  The Civil Code of the Philippines
expressly recognizes the doctrine of in
loco parentis by providing that “teachers
and professors shall exercise substitute
parental authority” and “shall cultivate the
best potentialities of the heart and mind
of the pupil or student”.

7. SUMMARY
 Primary concern with matters which
impinge upon academic achievement and
standards and the personal integrity of its
students.
 An obligation to protect its property and
the property of members of its community.
 A special interest in the mental and
physical health and safety of members of
its community.

8.  A fundamental concern for preserving the
peace for insuring orderly procedures and
for maintaining student morals.
 A responsibility for character development,
for maintaining standards of decency and
good taste, and for providing a moral
climate on the campus.
 A commitment to enforce its contractual
obligations

9.  To protect its public image as an
educational institution through its governing
board in a nationwide community.

10. WHO MAY EXERCISE AUTHORITY
 In the case of the institutions under the
Bureau of Public Schools, a Service
Manual has been issued pursuant to Act
No. 74, as amended by the Director. It
says, “pupils may present petitions or
protests to their teachers or higher
school officials but they are subject to
disciplinary measures in case of false
statements , accusations or charges.

11.  For the Bureau of Private Schools, A
Manual of Regulations for Private
Schools, 7th edition was promulgated on
discipline states:
Every private school is required to maintain
good school discipline. No cruel or
physically harmful punishment shall be
imposed nor shall corporal punishment be
countenanced. The school rules governing
discipline and the corresponding sanctions
therefore must

12. Be clearly specified and defined in writing
and made known to the students and/or
their parents and guardians. Schools
shall have the authority and prerogative
to promulgate such rules and
regulations as they may deem
necessary from time to time effective as
of the date of their promulgation unless
otherwise specified.

13. DELEGATION OF AUTHORITY
 In the private schools, their respective
governing boards, be they a Board of
Regents, a Board of Trustees or Board of
Directors define the broad policies on
discipline and leave their detailed
implementation to a committee, the Dean
of Student Affairs or other college official
with a machinery to handle disciplinary
actions on the basis of a set of guidelines
and procedures.

14. In public schools, the principal without the
prior approval of the division
superintendent, may suspend a student
from school from a period not to exceed
three days. Where the suspension for a
longer period but not exceeding one school
year, the suspension should be with the
prior approval of the division
superintendent.

15. LIMITATIONS ON THE POWER TO DISCIPLINE
 The Manual of Regulations contains a provision
which constitutes a limitation on the college authority to
discipline students. It states:
No penalty shall be imposed upon any student except
for cause as defined in this Manual and/or in the school
rules and regulations as duly promulgated and only
after due investigation shall have been conducted.
The administrative sanctions should be “commensurate
with the nature and gravity of the violation of school
rules and regulations committed”.

16.  The Service Manual provides that a “reasonable
consideration for parents requires that they be fully
informed by the teacher or the principal on any
misconduct on the part of their children for which
disciplinary action is necessary. The Service
Manual advises teachers that in handling
disciplinary cases, that their attitude should be
professionally correct and that punishments,
meted out to pupils should never come from
malice, prejudice or anger.

17.  A more direct limitation on the power to enforce
disciplinary sanctions against violation is the
prohibition to corporal punishment. The New
Civil Code in a more terse and precise language
states that “in no case shall corporal punishment
be countenanced”.
 Service Manual of the Bureau of Public Schools
banned corporal punishment. Section 150 of the
said manual provides: “The use of corporal
punishment by teachers (slapping, jerking or
pushing pupils about)…..is forbidden”.

18. DUE PROCESS
Due Process – a law which hears before it
condemns, which proceeds upon inquiry,
and renders judgment only after trial. It
means that every citizen shall hold his life,
liberty, property and immunities under the
protection of the general rules which
govern society. (Daniel Webster)

19. UNDERSTANDING THE CONCEPT OF DUE
PROCESS:
 College proceedings in handling disciplinary
cases cannot follow the technical rules of court in
trial. It is because educational institutions are not
vested by coercive powers possessed by courts
of justice, such as to subpoena witnesses and
compel them to testify under oath and to punish
them for perjury in case they lie.
 The college jurisdiction is limited over students
who are more transients in the academic
community.

20.  Hence the rigidity of technical requirements
prevailing in judicial proceedings have no place in
disciplinary administrative proceedings.
 College disciplinary proceedings are not criminal
but are administrative (civil) proceedings of an
adjudicatory nature.
 The procedure of conducting administrative
hearings by commissioners is well established
and recognized as in fact it has been and still is
the current practice in practically all quasi- judicial
as well as administrative bodies in the country
today.

21. APPLICATION IN PRIVATE SCHOOLS
 Authorities of the private colleges could
effect dismissal of students “at any time
and for any reason without notice to the
student concerned and without
opportunity for a hearing”, thereby not
only recognizing the inherent power of
these schools to discipline their students,
but extending it.

22. CLARIFICATIONS:
 This should not be interpreted to mean that
school authorities of private colleges can ignore
altogether the rights of students which are
protected and guaranteed in the Constitution and
the statutes. They cannot.
 Students as such do not cease to be citizens
who are entitled to the due process clause.
 But where the school has established
reasonable rules and regulations for discipline
and included them in the school catalogue and

23.  provided students with a copy or notice of
these rules, these have the force and
effect of a contract between the school
and the student.

24.  When is a school regulation considered
REASONABLE?
 A school regulation is considered
reasonable whenever it supplements and
conforms with the legitimate purposes and
objectives of the college and university
concerned and at the same time is
supported by good, valid and justifiable
reasons and legislation

25.  As education being necessary for the
future of a person, a student cannot be
dismissed validly from school without a
fair hearing afforded him. Moreover, it
should be guided by the criterion of justice
and fair play; that it does so in an
arbitrary manner.

26. DUE PROCESS IN ADMINISTRATIVE PROCEEDINGS
 Two Aspects of Due Process
1. Procedural – requires that there must be a
procedure to be followed which should insure
fairness and justice. It is indispensable requisite
that there be due notice and hearing.
2. Substantive – requires that the person or
body to conduct the trial acquires jurisdiction, is
competent to act with judgment and free from bias
and prejudice.

27. PROCEDURAL SAFEGUARDS
 The accused shall be given a notice giving
the specific charges made against him.
 A hearing should be held where both
sides of the case are heard.
 The accused should be able to face his
accuser or, if not, he should be furnished
a list of the names of the witnesses
against him and a statement of the facts
testified to.

28.  The accused should be allowed to present
his oral or written testimony in his behalf.
 The accused shall be advised of the
results of the hearing.

29. MINIMAL REQUIREMENTS IN DUE PROCESS
 The right to be informed in writing of the charge
or charges against him.
 The right to submit his answer within a period of
not less than three consecutive class days from
receipt by him of the complaint.
 In an investigation to conduct after due notices to
the parties concerned, the right to confront the
witnesses presented against him, the right to
present evidence in his behalf and the right to be
represented by counsel if he so desires.

30. TYPES OF MISCONDUCT
 Dishonesty such as cheating during examinations
or plagiarism in connection with any academic
work.
 Forgery, alteration or misuse of university
documents, records of credentials; knowingly
furnishing false information to the university in
connection with official documents filed by him
and making publishing or circularizing false
information about the university, its officials,
faculty members and/or students.

31.  Obstruction or disruption of teaching,
administrative work, disciplinary proceedings or
other university activities.
 Physical assault on any person within the
premises of the university.
 Defamation committed against any student,
teacher or professor or university authority or his
agents.
 Theft of, or damage to property of the university or
of property in the possession of, or owned by a
member of the university community.
 Unauthorized entry to or use of university facilities.

32.  Vandalism, which is the willful destruction of any
university property and which includes, but is not
limited to, such acts as tearing off or defacing any
library book, magazine or periodical; writing or
drawing on the wall or pieces of furniture;
breakage of glass windows, showcases, cabinet
doors, electrical, mechanical or electronic device
or contrivances; unauthorized removal of official
notices and posters from the bulletin boards and
other similar offenses.

33.  Hazing, which is any act that injures, degrades or
tends to injure, degrade or disgrace any fellow
student or person attending the university,
whether it is a mere conspiracy or actually
engaging in this activity, and it includes but it not
limited to initiations; admissions to fraternities,
sororities and other student organization.
 Illegal use, possession or distribution of narcotic
or dangerous drugs.
 Unlawful possession or use of explosives or
deadly weapons.

34.  Engaging in lewd, incident, obscene or immoral
conduct while within the university premises or
during a university function.
 Abusive behavior or discourtesy towards
university officials or faculty members.
 Entering the school premises in a state of
intoxication.
 Engaging in any form of gambling within the
premises of the university.
 Smoking inside the classroom during class hours,
or in laboratories, libraries or auditorium at any
time.

35.  Violation of any penal statute or of rules and
regulations or of any valid order of a competent
university authority.
 Any other conduct which threatens or endangers
the health and/or safety of any person inside the
university premises or which adversely effects
the student’s suitability as member of the
academic community.

36.  What is the quantum evidence required for
conviction for these offenses?
Since college disciplinary proceedings are not
criminal in nature and are not bound by the
technical rules of procedure, it is believed that
substantial evidence rather than its
preponderance is sufficient.
Substantial evidence - such relevant evidence
as a reasonable mind might accept as adequate
to support a conclusion.

37. ADMINISTRATION OF STUDENT DISCIPLINE
 In Philippine private schools, the authorities
concerned are free to adopt the rules to follow in
administering discipline to students, subject to the
regulations of the Manual and the well- known
limitations of the process. This is apparent from
the provision of the Manual that “schools shall
have the authority and prerogative to promulgate
such rules and regulations as that may deem
necessary from time to time.”

38. THE RULE IN THE PHILIPPINES
 “All complaints against students which are
punishable by dropping, suspension or expulsion
shall be investigated or proceeded with in
accordance with due process of law by the
Committee on Student Affairs”. This committee
shall be composed of the head of the college or
university or his duly authorized representative,
who shall act as chairman; and with two
members, namely the president of the faculty club
or his duly authorized representative and the
president of the Student

39. Government or his duly authorized representative.

40. TYPES OF DISCIPLINARY SANCTIONS
 Sanction – is a penalty or punishment imposed for
disobedience to lawful and valid orders of
authorities.
 Section 2 of Executive Order No. 200 states that
“every student has the responsibility to recognize
and comply with the policies and regulations
concerning school duties, campus activities and
discipline within the school”.

41. DISCIPLINARY SANCTIONS CATEGORIZED
 Paragraph 146 of Section IX of the Manual states
the three categories of disciplinary administrative
sanctions which may be imposed upon erring
students, commensurate with the nature and
gravity of the violation of school rules and
regulations committed these are:
 Dropping
 Suspension- a school may suspend an erring
student during the school year or a term for a
period not exceeding 20% of the prescribed school
days.

42.  Expulsion – an extreme form of administrative
sanction which debars the student from all public
and private schools
 Expulsion may be imposed on students
“instigating, leading or participating in concerted
activities leading to a stoppage of classes".
Expulsion does not entitle the student to his
diploma, transfer credential or other official school
records unless the Secretary lifts his expulsion
order.

43.  Attention is invited to the amendatory
provision of the revised Manual of
Regulations according to which the
student who has incurred absences of
more than 20% of the required total
number of hours “should not be given
credit”. This is retained in the proposed
Private Education Code.

44. APPEAL FROM DECISIONS
 From the decision of the school disciplinary officer
or committee, the aggrieved student may appeal
to the Department of Education and Culture or
government agency concerned. But if he does
not, the decision becomes final and he is
immediately bound to the penalty which had been
imposed.
 It is an elementary rule that the decision of
university in administrative cases involving
dropping of students is subject to review by higher
authorities or even by the courts.

45.  A student aggrieved by a decision of the
disciplinary officer or body should seek the
remedy with higher administrative authorities first
before going to the court. Based on the doctrine of
exhaustion of administrative remedies, which the
Supreme Court had upheld by declaring that “the
administrative remedies afforded by law must first
be exhausted before resort can be had to the
courts ,especially when the administrative
remedies are by law exclusive and final.

46. RULES
 Such an appeal must be made within ten days
from the date of the receipt by the student of his
copy of the decision of the Committee on Student
Affairs.
 The committee shall forward the complete records
of the case and proceedings conducted, together
with a certified true copy of the decision rendered,
within three days from receipt of the notice of
appeal from the Secretary of Education or his duly
authorized representatives.

47.  The Department of Education shall decide
the appeal within thirty days from the date
the appeal is filed with it, which decision
shall be final.
 Students under investigation will be
allowed to remain in school and to attend
classes without prejudice to the immediate
imposition in the proper cases of penalties.

48. Suspension – is a penalty imposed upon a
student by school authorities for violation of
school rules and regulations or for offenses
against good order and discipline of the
school. It may either be punitive or
preventive, the first is punishment that is
given after due investigation and the
second as an interim measure pending
such investigation.

49. PREVENTIVE SUSPENSION
 The Manual of Regulations for Private Schools
does not authorize heads of schools to impose
preventive suspension even when the presence of
erring students on campus poses danger to
themselves, to other students and the school
property.
 Paragraph 145 of the Manual provides that no
penalty shall be imposed upon any student except
for the cause and only after due investigation;
students shall be allowed to remain in school and
to attend classes without

50.  Prejudice to the immediate imposition in
proper cases, of penalties allowed.

51. INTERIM SUSPENSION
 - pending a full hearing followed by a decision on
the merit
 - it involves two elements; danger and timing
 - could be imposed if the school officials had
reason to believe that danger will be present if a
student is permitted to remain on campus,
pending a decision following a full hearing
 - however, even if the element of danger is
present an interim suspension may not be
imposed without a preliminary hearing,

52.  Unless it can be shown that such hearing
would be impossible or unreasonably
difficult to accord the student.

53.  Students awaiting action on charges
against them should have the right to
attend classes except:
 For reasons relating to his physical or
emotional safety and well being.
 For reasons relating to the safety and well-
being of students, faculty or university
property.

54. PUNITIVE SUSPENSION
 Existing rules in the private schools allow the
suspension of erring students during the school
year or term under the condition that the period of
suspension should not exceed 20% of the
prescribed school days but that if such
suspension should involve the loss of the entire
school year or term that it should be approved by
the Director of Private Schools in order to be
effective.

55.  In all cases of suspension, a written
promise of future exemplary conduct
signed by the pupil/student and
countersigned by his parents or guardian
may be required in the case of suspension
for more than three days.

56. LEGAL ASPECTS
 Can a student be punished by his school for acts
committed outside the campus?
 Authority on this point may be found in the
following provision of the Service Manual.
 School, authorities are not, under ordinary
circumstances, warranted in applying school
punishment to pupils for acts committed outside of
the jurisdiction of the school buildings and
grounds. As a rule, the authority and responsibility
of the school stop at the border

57.  of the school grounds, and any action
taken for acts committed without these
boundaries should in general be left to the
police authorities, the courts of justice and
the family concerned.
 The fact that the misconduct has been
committed outside of the university campus
shall constitute no defense if it involves his
status as a student or affects the good
name or reputation of the university.(Code
of the University of the Philippines.)

58. SUMMARY
 Administrative Discipline
 - the power of the school to deal when a
student transgresses the school rules and
regulations on student behavior
 - the power should be exercised with
extreme caution because whatever action
is taken against the student might have
repercussion on his future.

59.  Procedural Requirements to be followed in
the exercise of authority:
 That there be rules and regulations properly
promulgated by the school and published
before their effectivity.These rules must be
reasonable, definite and clear as to the acts
prohibited and the sanctions therefore.
 That the imposition of penalty is for cause; that
the sanction imposed is commensurate with
the nature and gravity of violation; and that it
be equally administered.

60.  That there is no cruel, physically harmful or
corporal punishment imposed.
 There must be an investigation conducted
in accordance of due process of law where
the dismissal of the student is sought on
the grounds of misconduct.

61.  The exercise of this power to discipline by
the school or its duly delegated officer will
not be unduly restrained or interfered with
by the courts, as borne out by a long string
of judicial decisions, except where there is
a clear abuse of discretion or where the
action is unfair, capricious or palpably
unreasonable.