Bacolod - Code of Ethics 090408

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    The Code of Ethics for

    Professional Teachers in

    Their Dual Role as

    Educator and Parent.

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    Code of Ethics for Professional

    Teachers adopted and promulgated

    by the Board for Professional

    Teachers through Board Resolution

    No. 435, series of 1997, pursuant tothe provisions of paragraph (e),

    Article II of RA No. 7836, otherwise

    known as the Philippine TeachersProfessionalization Act of 1994

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    VIOLATION OF CODE OF ETHICSFOR PROFESSIONAL TEACHERS

    Article XII, Section 1--

    Any violation x x x

    shall be sufficient

    ground for the x x x

    revocation of x x x

    license x x x

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    TEACHERS AS PROFESSIONALS

    Duly licensed professionals whopossess dignity and reputation withhigh moral values as well as technical

    and professional competence. In thepractice of their noble profession, theystrictly adhere to observe, and practicethis set of ethical and moral principles,standard and values.

    (Preamble, Code of Ethics for

    Professional Teachers)

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    Every teacher shall merit reasonablesocial recognition for which purpose he shall

    behave with honor and dignity at all times andrefrain from such activities as gambling,smoking, drunkenness and other excesses,much less illicit relations.

    (Code of Ethics, Article III, Section 3)

    A teacher shall place premium upon self-respect and self-discipline as the principle ofpersonal behavior in all relationships withothers and in all situations.

    (Code of Ethics, Article XI, Section 2)

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    A teacher shall maintain at all times adignified personality which could serve as

    model worthy of emulation by learners,peers, and others.

    (Code of Ethics, Article XI, Section 3)

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    Joseph Santos vs. NLRC, Hagonoy Institute, Inc.

    As teacher, (one) serves as an example to

    his/her pupils xxx.

    Consequently xxx teachers must adhere to the

    exacting standards of morality and decency. xxx

    A teacher both in his official and personalconduct must display exemplary behavior.

    He must freely and willingly accept

    restrictions on his conduct that might be viewed

    irksome xxx the personal behavior of teachers, INAND OUTSIDE THE CLASSROOM, must be

    beyond reproach xxx they must observe a high

    standard of integrity and honesty.

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    To strictly honor contractual obligationwith the School

    Art. VI, Sec. 6, Code of Ethics:

    A teacher who accepts aposition assumes a contractualobligation to live up to his contract,

    assuming full knowledge of theemployment terms andconditions.

    TO ACT WITH HONOR:

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    As an EDUCATOR

    1987 Constitution states:

    x x x The State shall protectand promote the right of all citizensto quality education at all levelsand shall take appropriate steps to

    make such education accessible toall.

    (Article XIV, Section 1)

    DUTY OF TEACHERS(Based on Law)

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    As a PARENT

    Article 218 of the Family Code provides

    The school, its administrators andteachers, x x x engaged in child care shallhave special parental authority andresponsibility over the minor child while

    under their supervision, instruction orcustody.

    Article 219 of the Family Code provides

    Those given the authority andresponsibility under (Article 218) shallprincipally and solidarily liable fordamages caused by acts or omissions of

    the unemancipated minor.

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    What is QUALITY EDUCATION?

    Principal Duty or Obligation is ToEnsure Quality Education

    x x x making sure that basic educationis really solid, because if it is not solid, it

    affects the quality of secondary education.If secondary education is poor, then theperson goes to college unprepared forcollege work. And if he is allowed to

    graduate again with a poor quality collegeeducation, he goes to universityprofessional education even moreunprepared.

    - Rev. Fr. Joaquin Bernas, SJ

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    In short

    A school, before promoting or

    graduating a student, must be surethat he/she (the student) is

    functionally literate to go through

    next higher level.

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    To ensure Quality Education:

    1) Must be COMPETENT and EFFICIENT

    Code of Ethics for Professional Teachers,

    Article IV, Section 2

    Every teacher shall uphold the

    highest possible standards ofquality education, shall make thebest preparation for the career ofteaching, and shall be at his best atall times in the practice of hisprofession.

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    BP 232 (Education Act of 1982), Section 16 (2)

    provides

    The teacher shall xxx be accountable

    for efficient and effective attainment ofspecified learning objectives xxx.

    Code of Ethics further mandates that

    Every teacher shall participate in thecontinuing professional education (CPE)program of the PRC, and shall pursue suchother studies as will improve his efficiency,

    enhance the prestige of the profession, andstrengthen his competence, virtue andproductivity in order to be nationally and

    internationally competitive.

    (Article IV, Section 3)

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    A teacher shall ensure

    that conditions contributive

    to the maximumdevelopment of learners are

    adequate and shall extend

    assistance in preventing orsolving learners problems

    and difficulties.

    (Article IV, Section 3)

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    In short

    A teacher is expected to be efficient and

    competent in the performance of his academic

    duties at all times. Otherwise,A teacher who has consistently shows his

    inability to efficiently perform his duties and

    responsibilities, within a common performancestandards should not be allowed to stay in school

    xxx.

    The MRPS provides as just cause ofterminating a faculty

    Gross inefficiency and incompetence in the

    performance of his duties xxx.

    (Section 3 (a))

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    Hence, the SC held in Evelyn Pea vs. NLRC

    that

    x x x schools can set

    high standards of

    efficiency for its

    teachers since quality

    education is a mandate

    of the Constitution xxx

    security of tenure xxxcannot be used to shield

    incompetence.

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    2) Must EVALUATE LEARNERS

    (i) Duty to give grades/evaluation

    Render regular reports onperformance of each student and to the

    latter and to the latters parents andguardians with specific suggestions forimprovement.

    Section 16(3) of BP 232, TEACHERSHALL

    and...

    Must promptly render or givegrades. Otherwise, the unjustified orunreasonable delay in giving gradesconstitutes gross neglect of duty.

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    In the case of University of the East vs. Romeo A.

    Jader, the SC declared

    It is the contractual obligation of theschool (through the teachers) to TIMELYINFORM AND FURNISH sufficient notice andinformation to each and every student as to

    whether he/she had already complied withall the requirements xxx.

    The negligent act of a teacher who fails

    to observe the rules of the school, forinstance, by not promptly submitting astudents grade is not only imputable to theteacher but is an act of the school being

    his/her employer xxx.

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    In evaluating/giving grades the following

    rules of conduct must be observed

    Code of Ethics provides

    A teacher has the duty to determinethe academic marks and the promotion of

    learners in the subject they handle. Suchdetermination shall be in accordance withgenerally accepted procedure ofevaluation and measurement on case of

    any complaint, teachers concerned shallimmediately take appropriate action,observing the process.

    (Article VIII, Section 1)

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    Under no circumstances shall ateacher be prejudiced nor discriminatory

    against any learner. (Article VIII, Section 3)

    A teacher shall not accept favors orgifts from learners, their parents or others

    in their behalf in exchange for requestedconcessions, especially if undeserved.

    (Article VIII, Section 4)

    A teacher shall base the evaluation ofthe learners work on merit and quality ofacademic performance.

    (Article VIII, Section 6)

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    (i) In computing the grades

    Section 16 (5) of BP 232 mandates

    that a teacher shallRefrain from making deductions or

    additions in students scholastic ratings for

    acts that are clearly not manifestations of xxx

    scholarship.

    Hence, Section 79 of the MRPS

    Basis for Grading. The xxx grade or

    rating xxx in a student should be basedSOLELY on his scholastic performance. Any

    addition or diminution to the grade in a

    subject for co-curricular activities, attendance,

    or misconduct shall NOT be allowed xxx.

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    Code of Ethics provides

    A teacher shall not xxx make deductions

    from their scholastic ratings as a punishment foracts which are clearly not manifestations of poor

    scholarship.(Article VIII, Section 8)

    Thus, it is not a matter of discretion on the partof the teachers in the giving of the studentsgrades, but rather it is a clear obligation for theteachers to determine student academic marks

    solely based on scholastic performance. For ateacher to do otherwise, would be seriousacademic malpractice or grave misconduct inthe performance of his/her duties.

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    In Padilla vs. NLRC, SBC the Supreme Court

    said

    This Court is convinced that thepressure and influence exerted by (a

    teacher) on his colleague to change afailing grade to passing one xxxconstitute serious misconduct whichis a valid ground for dismissing anemployee.

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    B. As a PARENT: Principal Duty to ExerciseParental Authority and Responsibility

    Article 218, Family Code provides

    The school, its administrators andteachers xxx engaged in child careshall have special parental authorityand responsibility over the minorchild while under their supervision,

    instruction or custody.

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    A teacher shall recognize thatthe interest and welfare of learnersare his first and foremost concern,

    and shall handle each learner justlyand impartially.(Article VII, Section 2)

    Code of Ethics states

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    Parental Authority to Discipline

    As parents, the teachers shall usediscipline not to punish but to correct,not to force, but to motivate; and not toobey with rigid cadence, but to choose

    to follow the right way.Hence, teachers cannot generally

    use methods of punishing or such

    degree of penalties that a good motheror a good father would not likely use onher/his own children.

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    Corporal Punishment - Article 233 (2nd par.)

    In no case x x x inflict corporalpunishment upon the child.

    Definition: An act that inflict pain or harmupon a childs body as punishment for

    wrong doing usually through beating

    and spanking

    Elements:

    (a) physical contact

    (b) to inflict pain

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    VIII, 8. A teacher shallnot inflict corporal

    punishment onoffending learners normake deductions

    from their scholasticratings as apunishment for acts

    which are clearly notmanifestations ofpoor scholarship.

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    Sale of Tickets; Collection of Contribution/Donations from Pupils / Parents

    BP 232, Sec. 9 (9) - students have right tobe free from (voluntary) involuntarycontributions

    Improper or unauthorized

    solicitation of contributions fromsubordinate employees and by

    teachers or school officials from

    school children

    VIII, 5. A teacher shall not accept,

    directly or indirectly, any remuneration

    from tutorials other than what is

    authorized for such service.

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    Anita Y. Salvarria vs. Letran College, et al.

    (296 SCRA 184)

    The Supreme Court declared--

    Petitioner contended that her

    dismissal was arbitrarily xxx, havingbeen effected without just cause, onthe premise that the solicitation offunds xxx was initiated by the

    students and that her participationwas merely limited to approving thesame. xxx

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    If there is one person more

    knowledgeable of xxx policy againstillegal exactions from students, itwould be xxx Salavarria.

    Hence, regardless of who initiatedthe collections, the fact that thesame was approved or indorsed by

    petitioner, made her in effect theauthor of the project.

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    xxx (Department of Education)

    considers the act of teachers in xxxcontracting loans from parents of theirstudents xxx not only seriousmisconduct but xxx violation of students

    right to be free from involuntarycontribution xxx.

    - USEC Nachura, 13 Feb. 98

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    Parental Responsibility

    The student / pupil while in school,is in the custody and hence, the

    responsibility of the school authorities

    as long as he is under the control andinfluence of the school,

    whether the semester

    has not yet begunor has already ended.

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    In Amadora vs. CA, the SupremeCourt said--

    Even if the student is just relaxingin the campus in the company of hisclassmates, x x x the student is still

    within the custody and subject to thediscipline and responsibility of theteachers x x x.

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    Hence--

    A teacher required to exercisespecial parental authority but whofails to observe all the diligence of

    a good father of a family in thecustody and care of the pupils andstudents, shall be held liable for

    gross neglect of duty.

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    The Court takes this opportunity topay a sincere tribute to the school

    teachers, who are always at the forefrontin the battle against illiteracy andignorance. If only because it is they whoopen the minds of their pupils to an

    unexplored world awash will the magic ofletters and numbers, which is anextraordinary feat indeed, these humble

    mentors deserve all our respect andappreciation. Justice Isagani A. CruzChiang Kai Shek School vs. CA

    G.R. No. 58028, April 18, 1989

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    Halleys CometA memorandum, as it goes

    down the chain of command

    in an educational institution.

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    SUBJECT : Operation Halleys Comet

    FROM : Chairman of the Board of Trustees

    TO : The President

    Tomorrow evening at approximately eight(8) p.m., Halleys Comet will be visible in thisarea, an event which occurs only once everyseventy five (75) years. Have the studentsfall out in the football field in uniforms and Iwill explain this rare phenomenon to them.

    In case of rain, we will not be able to seeanything, so assemble the students in theauditorium and I will show them film of it.

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    FROM : The President

    TO : Vice President for Academic Affairs

    By order of the Chairman of the Board,tomorrow, at eight in the evening, Halleys

    Comet will appear above the football field,if it rains, fall the students out in uniforms.Then lead them to the auditorium wherethe rare phenomenon will take place,something which occurs only once everyseventy five years.

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    FROM : Vice President for

    Academic Affairs

    TO : College Dean

    By order of the Chairman of the Board,in uniform, at eight oclock in the evening

    tomorrow, the phenomenal Halleys Cometwill appear in the auditorium. In case ofrain in the football field, the Chairman ofthe Board will give another order,something which occurs once everyseventy five years.aria

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    FROM : Dean of College

    TO : Academic Coordinators

    Tomorrow at eight oclock in theevening, the Chairman of the Board will

    appear in the auditorium with HalleysComet, something which happens everyseventy-five years. If it rains, theChairman of the Board will order theCOMET into the football area in uniform.

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    FROM : Academic Coordinators

    TO : Department Heads

    When it rains tomorrow at eight in theevening, the phenomenal, seventy-five

    year old Chairman Halley, accompaniedby the President will drive his Comet thruthe football field area theater in uniform.

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    -END-