I couldn't go to school today. I am down with the flu. I have been shivering lst night. The bad thing is the kids also have to miss school as nobody can drive them to school.
Anyway, I just realized that there might be teachers who do not actually know the extent of their responsibilities and the consequent liabilities they have as custodians of minors. AS the speaker in one of the seminars I attended said, "What you do not know might hurt you." It will if we don't know the responsibilities we are faced with.
Teaching is not solely about imparting knowledge but has legal responsibilities to their ward attached to it. Hence, I decided I would impart some of my knowledge about the liabilities of teachers. I just hope Sassy is reading this so that she can shed more light if there is something wrong with what I have written and can correct it.
Teachers have two basic duties. These are instruction, which is to impart knowledge and supervision, taking care of their students.
From various seminars and readings I had, specifically the annotated book of Atty. Ulpiano Ulan, the New Family Code differentiates the in loco parentis clause with that of the exercise given to teachers of minors which is special parental authority. While the former is applied in the case of death, absence, or unsuitabiltiy of the minor students' parents, it is not exercised when there is actual parental authority. There is a big difference in that special parental authority is exercised concurrently with actual parental authority. It rests on the theory that while the child is in the care and custody of the person exercising SPA the parents temporarily relinquish parental authority.
What this means is that teachers have civil obligations to their wards. There are four sources of liabilities. These are: fraud, the deliberate deception of others; delay, not doing what should be done on time, like giving of grades; negligence and contravention of the tenor of obligation. From among these sources, negligence is usually what teachers have been charged with.
There are four elements of negligence. These are 1. duty - it is the duty of every teacher to show reasonable care to all "foreseeable" persons and property; 2. breach - results whenever an individual fails to provide reasonable care to forseeable plaintiff; 3. causation - the teacher must have "caused" the damage for which the victim is seeking compensation; and, 4. injury- that there is actual injury, be it emotional or physical.
How do we safeguard our own interest as teachers, then? Do what we're supposed to do, never lose contact of our students, and make sure we practice reasonable diligence in inspecting property and equipment to ensure that such is in good working condition. This especially holds true with laboratories, and technical subjects like Work Ed. Our only defense against negligence is to prove that we have acted accordingly as any normal person culd have. With that, happy teaching ahead.