Guidance Counselor = Teacher

Hello to all! Is a guidance counselor considered as a teacher? Or is a Guidance Counselor included in the individuals or entities mentioned in Art. 218 and Art. 349 or the Civil Code?

Thanks in advance.

anongmeron2014 wrote:Hello to all!  Is a guidance counselor considered as a teacher?  Or is a Guidance Counselor included in the individuals or entities mentioned in Art. 218 and Art. 349 or the Civil Code?

Thanks in advance.

I do not see the relationship between a guidance counselor and Art. 218 of the NCC. For me, there is no connection between the two.

However, a guidance counselor can also be considered a teacher in my opinion when interpreting the provision of Art. 349 of the NCC. This is true if the counselor is included in field trips wherein he/she acts as a guardian over his/her assigned students.

Sorry, I mean Art. 218 and 219 of the Family Code. Thanks again.

Art. 218. The school, its administrators and teachers, or the individual, entity or institution engaged in child are shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody.

Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution. (349a)

Art. 219. Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. The parents, judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable.

The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved that they exercised the proper diligence required under the particular circumstances.

All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts. (n)

- As long as the guidance counselor is part of the teaching faculty and also teaches students as part of his/her scope of support, then he is also considered a teacher and can be held liable for Art. 218 and 219 of the FC if violated.

Is there a specific case here that you wanted legal advice for?