00:00 The questions in the law will be answered.
00:02 Just ask because your heart is always at your service.
00:07 Atty. Gabby Concepcion, happy hump day!
00:09 I am allowing my son to be disciplined by the teacher.
00:19 Wait, wait, wait.
00:21 What is this?
00:22 Agreement on disciplining?
00:25 To the parents there, have you signed this document from your children's school?
00:31 A concerned citizen sent a discipline waiver,
00:38 just like this one in GMA News,
00:41 that is being signed by a teacher from Rizal.
00:45 But before you sign, do you know what that means?
00:49 Well, here's all you need to know.
00:52 Ask Atty. Gabby.
00:54 [music]
00:59 #AskAttorney
01:01 Attorney, is this waiver really legal?
01:04 And what does it mean once I sign it?
01:07 Well, this kind of waiver is really a bit of a burden
01:11 on the children while they are in school.
01:15 First of all, the DEPED has a policy
01:18 that strictly prohibits the harm to students.
01:22 Actually, zero tolerance policy in fact,
01:25 the DEPED about child abuse, bullying, exploitation,
01:29 and other things that can harm our children.
01:32 Under Article 233 of the Family Code,
01:35 corporal punishment or physical harm to children in schools is also prohibited.
01:41 So, you really wonder why a waiver is needed
01:44 if they are not doing anything wrong or against the requirement of the law.
01:49 It is difficult if the waiver is because you are asking the school
01:54 to use any kind of discipline for the children
01:58 which might include corporal punishment or any form of child abuse.
02:03 Because emotional or psychological punishment is prohibited
02:06 or like the use of painful words that can harm the human being or the dignity of the child.
02:13 The teachers or the school might be the only ones to be punished,
02:17 but also the parents who gave the order to do this because it is child abuse.
02:23 Anyway, #AskAttorney, attorney!
02:26 Aside from this, are there other waivers that we encounter that need to be signed?
02:31 What should we look at or remember before signing this?
02:36 Remember, you should be alert if someone is asking you to sign a waiver.
02:40 Why? Because if someone asks you to sign a waiver,
02:43 it means that you have a right or privilege to give up.
02:49 So, you should always be clear and sure of what you are giving up.
02:56 Usually, in the cases of a waiver, it is if there is a school field trip.
03:01 We are used to having a waiver that does not answer the request of the school in case of an accident.
03:07 It means that usually, you cannot file a case if there is an accident for damages, for example.
03:14 But take note, this waiver will not identify if it is gross negligence or if it is too much neglect of education or if it is a crime.
03:24 So, if there is a waiver that you are being asked to sign, you should be clear on what you are being asked to waive.
03:31 Although, under the law, a waiver that is contrary to law or public policy, morals or good customs,
03:40 does not have a visa, null and void.
03:43 So, even if you signed a waiver that you will not file a case against the school,
03:47 if something happens while your child is being disciplined,
03:50 the waiver does not have a visa and you can still file a case against the teacher or the school if your child was harmed.
03:58 So, the teacher cannot say, "You signed a waiver, we can now discipline your child."
04:04 Well, the harm or the discipline that is prohibited by the law is not included in that.
04:10 So, be careful with what you are signing because later, you might be the one who will be jailed contrary to the law.
04:19 So, as long as it is contrary to the law, we will give clarity for the peace of mind.
04:25 Don't think twice.
04:28 I'm Bernie Gavis.
04:31 Bernie?
04:32 [BLANK_AUDIO]
Comments