Fr. Pascual Salas, OSMLEGAL FOUNDATION OF EDUCATION

Phil. Const. of 1987; the Educational Decree 6-A;

the Educational Act of 1982, otherwise known as Batas Pambansa Bilang 232 and

the Educational Act of 1994, otherwise known as Public Act No. 7722

various educational legislations and other related

laws, general orders and issuances

on policies

1. academic freedom, 2. the rights of parents,

students, teachers, school administrators

and other school personnel and their

3. duties and obligations

Educational Development Decree of 1972 and the

NECS – New Elementary School Curriculum and

the New Secondary School Curriculum

•Quality education accessible to all. (Section 1)•Complete, adequate, and integrated relevant education. (2.1.)•Free public education in the elementary and high school level. (2.2.)•Scholarship grants, loans, subsidies and other incentives to deserving students in both private and public schools. (2.3.)•Non-formal, formal, and indigenous learning systems. (2.4)•Vocational training to adults, disabled and out of school youth. (2.5)•Study of the constitution. (3.1)•Study of values. (3.2)•Optional religious instruction in public schools. (3.3.)•Supervision and regulation of all schools. (3.4.)•Control and administration of schools by Filipinos. (3.5)•Exemption from taxes and duties. (3.6.)•Academic freedom in institutions in higher learning. (5.2,3,4.)•Assigning highest budget priority to education. (5.5.)•National language is Filipino. (6.1.)

1. to foster patriotism and nationalism; 2. to accelerate social progress; 3. to promote total human liberation

and development which is to foster love of humanity, respect for human rights, and

4. to provide quality education to all citizens

THE EDUCATORS’ SHOW

LEGAL FOUNDATION OF EDUCATION

the States encourages non-formal, informal and indigenous learning systems. Informal and

indigenous learning include various ways and methods

within the cultural communities of preserving the indigenous life

systems of these cultural communities

1. to provide training in civics, vocational efficiency and other skills to adult citizens, the disable and out of school youth.

2. Adult education is designed to provide training and skills development to unemployed and underemployed youth and adults so that they can be employed.

3. And Special education is likewise designed to meet the particular needs of exceptional children, physically handicap or gifted.

religion shall be allowed to be taught on a

voluntary basis in public elementary and high schools

RA 7722: HIGHER EDUCATION ACT OF

1994

RA 7796: AN ACT CREATING THE TECHNICAL EDUCATION AND

SKILLS DEVELOPMENT AUTHORITY OF 1994

RA 9155: AN ACT INSTITUTING A FRAMEWORK OF GOVERNANCE

FOR BASIC EDUCATION, ESTABLISHING AUTHORITY AND

ACCOUNTABILITY, RENAMING THE DEPARTMENT OF EDUCATION, CULTURE AND SPORTS AS THE

DEPARTMENT OF EDUCATION AND FOR OTHER PURPOSES

RA 4670 of 1966.

The COVERAGE: are All public school teachers

ELIGIBILITY:•Elementary School Teachers•BEED Graduate•PBET/LET Passer•Secondary School Teachers•BSE/ BSEd Graduate/ Bachelor’s Degree•18 units in major subject/ 18 units of professional education subject•PBET/LET Passer

THE EDUCATORS’ SHOWLEGAL FOUNDATION OF EDUCATION

Act No. 74January 1, 1901

•Laid the foundations of Philippine public school system and made English as the language of instruction.•Established in the Philippine Normal School and Trade school in Manila, and an Agricultural school in Negros.

RA 476June 18, 1949•Converted the Philippine Normal School into a Teacher college and offered courses leading to Bachelor of Science in Elementary Education and Master of Arts in education.

RA 7168December 26, 1991•Converted the Philippine Normal School into a University.

RA 6655•Also known as the Free Public Secondary Education Act of 1988. •Public secondary schools were nationalized and they were reclassified by source of funding and curriculum type.

DECS ORDER NO. 38, s. 1994•NSAT is required for all senior high school students.

PD 603•Required that every school division should organize special classes for children with special needs.

RA 5250 (1966)•Provided a ten – year teacher education program in Special education for the teaching of the gifted, mentally – retarded and those with behaviour problems.•Only two schools offered undergraduate in SPEd: UP COEd and CEU.

RA 7686•Being paid in OJTs in private industries.

RA 7687•Scholarship programs for careers in science and technology.

PD 1006September 22, 1976•Considered teachers as professionals and teaching promulgated as a profession.•Teachers need to pass the PBET before they could teach, whether in private or public school.

PD 146•Required all high school graduates seeking admissions to post – secondary degrees necessitating a minimum of four years study to pass a national entrance examination.RA 7731•Abolished the NCEE to give the marginalized sector greater access to college education.

RA 7743•Created the Center of Excellence in Teacher Education.

RA 7791•Stretched the school year from 185 – 200 days.

RA 1265•Made the observance of the flag ceremony compulsory,

RA 7836•An act professionalizing the teaching profession.•Established the Licensure Examinations for Teachers.

RA 10157•Kindergarten Education Act•Provides the inclusion of the Kindergarten level into the basic education program. It is a must that children must undergo kinder before entering grade 1.

Senate Bill 3286: Enhanced Basic Education Act of 2012

An addition of two years in the basic education.

Republic Act No. 10627 (Sept. 12) otherwise known as the

"Anti-Bullying Act of 2013.“REPUBLIC ACT NO. 7877

     AN ACT DECLARING SEXUAL

HARASSMENT UNLAWFUL IN THE  EMPLOYMENT, EDUCATION OR TRAINING

ENVIRONMENT, AND FOR  OTHER PURPOSES.

I. Student Matters

A. Student Discipline

B. Right to Quality Education vis-à-vis Obligation to Pay Tuition and Other Fees

Section 74. Authority to Maintain School Discipline. Every private school shall maintain good school discipline inside the school campus as well as outside the school premises when pupils or students are engaged in activities authorized by the school.

MRPS (DECS Order No. 92, s. 1992)Manual of Regulations for Private Schools

Legal Basis of School’s Authority to Discipline

REASON:

For a school system to function properly, the conduct of pupils

must conform to conditions that are conducive to learning.

How far does the school’s authority to maintain school

discipline among its community members, particularly its

students, extend?

Extent of School Authority to Discipline

It is undisputed that the school can discipline its community members within the school campus during class hours.

Whether that authority applies even outside of the school premises and class hours, the Supreme Court said--

ANSWER

“x x x It is the better view that there are instances when the school might be called upon to exercise its power over its students x x x for acts committed outside the school and beyond school hours in the following:

a) In cases of violations of school policies or regulations occurring in connection with a school-sponsored activity off-campus;

b) In case where the misconduct of the student involves his status as a student or affects the good name or reputation of the school.”

Section 75. Imposition of Disciplinary Action. School officials and academic personnel shall have the right to impose appropriate and reasonable disciplinary measures in case of minor offenses or infractions of good discipline committed in their presence. However, no cruel or physically harmful punishment shall be imposed or applied against any pupil or student.

Imposition of Sanctions

As parents, the teachers shall use discipline not to punish but to correct, not to force, but to motivate; and not to obey with rigid cadence, but to choose to follow the right way.

BASIC RULE

Common Types of Penalties for Minor Offenses

1) Fine2) Extra Work3) Corporal Punishment4) Grade Reduction

Section 76. Filing of Administrative Action. When the offense committed is serious x x x the school head shall cause the filing of the corresponding administrative action against the erring pupil or student. No disciplinary sanction shall be applied upon any pupil or student except for cause as defined in the rules and regulations of the school or in this Manual, and after due process shall have been observed. The punishment shall be commensurate with the nature and gravity of the offense.

Sanctions for Grave Offenses

Section 77. Categories of Administrative Penalties. The three categories of disciplinary administrative sanctions for serious offenses or violation of school rules and regulations which may be applied upon an erring pupil or student are: Suspension, Exclusion and Expulsion.(Note: Also Non-Readmission)

Three (3) requirements before disciplinary sanction (Section 77) may be imposed:

a) Must be for cause as defined

b) Observance of due process

c) Punishment must be commensurate

I. Must be for cause as defined in the printed rules and regulations of the school or in the MRPS

Section 78. Authority to Promulgate Disciplinary Rules. Every private schools shall have the right to promulgate reasonable norms, rules and regulations it may deem necessary and consistent with the provisions of this Manual for the maintenance of good school discipline and class attendance. Such rules and regulations shall be effective as of the date of promulgation and notification to students in an appropriate school issuance or publication.

What if the misconduct is not defined and penalized by written school rules, may the

student still be administratively charged for

said act or omission?

* Two types of offenses

i) Generally accepted acts and/or omission that are subject to disciplinary action and imposition of sanctions;

ii) Acts and/or omission which by certain school rule of conduct and standard of morality are subject to disciplinary action and imposition of sanctions.

Depends on the Type of Offense Committed

The framers of our Constitution placed due process first among the provisions of the Bill of Rights. The section states--

“No person shall be deprived of life, liberty or property without due process of law.”

Requirement of Due Process

II. After due process shall have been observed

3) They shall be informed of the evidence against them;

4) They shall have the right to adduce evidence in their own behalf; and

5) The evidence must be considered by the investigating committee or official designated by the school authorities to hear and decide the case.

III. The punishment shall be commensurate with the nature and gravity of the offense

Although school authorities may have strictly complied with the minimum requirements of due process, courts may still INVALIDATE penalty imposed if NOT commensurate to the nature and gravity of the offense.

Article XIV, Sec. 1, 1987 Constitution

“The State shall protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all.”

B. Right to Quality Education vis-à-vis Obligation to Pay Tuition and Other Fees

Two (2) Basic Methods of Ensuring Quality Education

1. Continuous Evaluation of Faculty and Staff Competence and Efficiency

2. Evaluate Students: Determine Level of Learning Competencies

Students have the RIGHT—

Section 9 (4)—

“x x x to access to school records x x x.”

and Section 9 (5)—

“x x x issuance of (school records) within 30 days from request.”

In Reporting--

Paragraph 119, Manual of Information for Private Schools provide—

“x x x When a student fails to meet his financial obligations, the school should drop him from the rolls. But when he is allowed to remain in school until the end of the term he should not be deprived of the examinations. The school may, however, withhold x x his final grade xxx”

“Withholding of Credentials – The release of x x x (school records) of any pupil or student may be withheld for reasons of x x x NON-PAYMENT OF FINANCIAL OBLIGATIONS or PROPERTY RESPONSIBILITY of the pupil or student to the school. The (records) shall be released as soon as his obligations shall have been settled x x x. ”

Principle involved: “TACIT RESOLUTORY CONDITION” (Civil Code, Art. 1191)

Section 72, MRPS--

It is suggested that the students/ parents be duly informed in writing before enrollment that FAILURE to pay the school fees shall give the school the authority/right to rescind the enrollment contract and deny the student concerned his continued stay in school.

“To recognize without reservation, the authority of _____________ School to bar or not to allow our child/children from entering the school campus and attending his/her classes in case we fail to pay two (2) consecutive installments of the due and demandable tuition and other school fees as indicated in the current schedule of payment and that he/she shall only be readmitted as soon as the tuition and other school fees are paid; provided however, that our child will be solely responsible in keeping up with the lessons, assignments and taking examinations given during the school days our child was not allowed to enter and attend classes.”

This should be included as part of the the enrollment form:

Absences/Tardiness to be considered valid

causes for termination under Section 94 of MRPS, Section 78 of TVET Manual and Article 283 of the Labor Code, absences and tardiness must be habitual and inexcusable.

INEFFICIENCY AND INCOMPETENCE

II. School Personnel Matters

ISSUE:What if the frequency of absences is “Habitual” in

character but EXCUSABLE? Can teacher be terminated?

ANSWERSupreme Court said--

“A working mother who has to frequently absent because she has also to take care of her child may also be removed because of her poor attendance, x x x however, the award of separation pay would be sustained under the social justice x x x.” (PLDT vs. NLRC, 164 SCRA 671)

ABANDONMENT (absence from work and deliberate intent to discontinue to return)

Two (2) Requisites

(a) Absences without authority

(b) Intention not to return

Two (2) Letter Principle

How to declare ABANDONMENT?

As soon as a teacher starts to incur absences continuously without official leave or authority--

send 1st letter requiring him to report immediately and explain;

ANDsend 2nd letter informing him of termination due to abandonment

N.B.Unless employee is

sent the second letter of termination, he/she remains an employee Hence, if he/she comes back, the right to his/her position may still legally exist no matter how long the absence.

NEGLECT OF DUTY

Neglect is defined as the failure to carry out an expected or required action through carelessness or by intention.

As a rule, “Neglect of Duty”, to be ground for termination, must be both GROSS and HABITUAL.

Single or isolated acts of negligence do not constitute just cause for dismissal

But if the negligent act results to substantial loss/damage to property or injury to person, habituality is NOT necessary to justify dismissal

Failure to Exercise Parental Responsibility

“The school, its administrators and teachers, x x x engaged in child care 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, x x x.”

Article 218, Family Code

“A teacher shall recognize that the interest and welfare of learners are his first and foremost concern, and shall handle each learner justly and impartially.” (Article VII, Section 2)

Parental Responsibility

The student while in school, is in the custody and hence, the responsibility of the school authorities as long as he is under the control and influence of the school, whether the semester has not yet begun or has already ended.

In Amadora vs. CA, the Supreme Court said-

“Even if the student is just relaxing in the campus x x x the student is still within the custody and subject to the discipline and responsibility of the teachers x x x.”

Unreasonable Delay to Submit Students’ Grades

A teacher should be held answerable for failure to submit grades or reports on time in accordance with the reasonable deadline.

BP 232 mandates that teachers shall “(r)ender regular reports on performance of each student and to the latter and the latter’s parents or guardians with specific suggestions for improvement.”

In the recent case of University of the East vs. Romeo A. Jader, the Supreme Court, in no uncertain terms, declared--

“The court takes judicial notice of the traditional practice in educational institutions wherein (teacher) directly furnishes x x x students their grades. It is the contractual obligation of the school (through the teachers) to TIMELY INFORM AND FURNISH sufficient notice and information to each and every student x x x.”

“x x x The negligent act of a (teacher) who fails to observe the rules of the school, for instance, by not promptly submitting a student’s grade is not only imputable to the teacher but is an act of the school being his/her employer x x x.”

Neglect to Keep School Records

School Personnel do have the duty to keep the school records of each of his students.

Duty is based on the pupils’/students’ or their parents’ rights to access to their own school records and the issuance thereof at least within thirty (30) days from request.

IMMORALITY

School employees, particularly teachers and other academic personnel, are definitely bound by the rule that immorality is a valid cause for termination. For as teachers, they serve as an example to the pupils and the students, especially during their formative years.

TEACHERS AS PROFESSIONALS

Duly licensed professionals who possess dignity and reputation with high moral values as well as technical and professional competence. In the practice of their noble profession, they strictly adhere to observe, and practice this set of ethical and moral principles, standard and values.

(Preamble, Code of Ethics for Professional Teachers)

“Every teacher shall merit reasonable social recognition for which purpose he shall behave with honor and dignity at all times and refrain 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 of personal behavior in all relationships with others and in all situations.”

(Code of Ethics, Article XI, Section 2)

“A teacher shall maintain at all times a dignified personality which could serve as model worthy of emulation by learners, peers, and others.”

(Code of Ethics, Article XI, Section 3)

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 personal conduct 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, IN AND OUTSIDE THE CLASSROOM, must be beyond reproach xxx they must observe a high standard of integrity and honesty.”

SERIOUS MISCONDUCT

Misconduct is improper or wrong conduct. It is the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty.

Giving Failing Students Passing Grades They Did Not Deserve

Section 79 of the MRPS provides that the final grade or rating given to a pupil or student in a subject should be based solely on his scholastic performance.

Thus, it is not a matter of discretion on the part of the teachers in the giving of the students’ grades, but rather it is a clear obligation for the teachers to determine student academic marks solely based on scholastic performance. For a teacher to do otherwise, would be serious academic malpractice or grave misconduct in the performance of his/her duties.

Influencing a Co-Faculty to Change Grade

In the case of Wilfredo T. Padilla vs. NLRC and San Beda College, the Supreme Court said--

“This Court is convinced that the pressure and influence exerted by petitioner on his colleague to change a failing grade to a passing one, x x x constitute serious misconduct, which is a valid ground for dismissing an employee.”

Failure to Maintain Confidentiality of School Records

BP 232 provides that the students shall have the right to “x x x the CONFIDENTIALITY of (their school records) which the School shall maintain and preserve.

• Confidentiality covers only STRICTLY confidential records

1) Personal records2) Academic

records/ reports

3) Birth Certificates

4) Adoption papers

5) Medical/guidance reports

6) Disciplinary records

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

BP 232, Sec. 9 (9) - students have right to be free from (voluntary) involuntary contributions

Improper or unauthorized solicitation of contributions from parents and school children

VIII, 5. A teacher shall not accept, directly or indirectly, any remuneration from tutorials other than what is authorized for such service.

Anita Y. Salvarria vs. Letran College, et al. (296 SCRA 184)

The Supreme Court declared--

“Petitioner contended that her dismissal was arbitrarily x x x, having been effected without just cause, on the premise that the solicitation of funds x x x was initiated by the students and that her participation was merely limited to approving the same. x x x”

If there is one person more knowledgeable of x x x policy against illegal exactions from students, it would be x x x Salavarria.

Hence, regardless of who initiated the collections, the fact that the same was approved or indorsed by petitioner, made her ‘in effect the author of the project.’”

Contracting Loans from Students/Parents

“ x x x the Department considers the act of teachers in “x x x contracting loans from parents of their students x x x” not only a serious misconduct based on Art. 282 (a) of the Labor Code, but is likewise a violation of a student’s right “x x x to be free from involuntary contribution x x x” (Sec. 9 (9) of BP 232).”

Usec. Antonio E.B. Nachura

CONTRACTING LOANS IS GRAVE OFFENSE

… because reprehensible behavior such as the use of trust relationship as leverage for borrowing money is involved.

… to avoid exertion of undue influence by teachers over the students or their parents

WILLFUL DISOBEDIENCE

The orders, regulations, or instructions of the employer or representative must be:

1. Reasonable and lawful

2. Sufficiently known to the employee; and

3. In connection with the duties which the employee has been engaged to discharge

Refusal to Relinquish Teaching as Required by School Administration

In Cruz vs. Medina, a faculty who rose from the rank to the Deanship, but refused to relinquish her teaching load even after accepting the Dean’s position and required to by Administration the Supreme Court stated--

“x x x Considering the fact that she was holding a managerial position, her refusal to abide by the lawful orders of her employers would lead to the erosion of the trust and confidence reposed on her.”

Disobedience to Transfer

ISSUES

-- It is management’s prerogative to transfer an employee from one office to another within the school system, provided that it does not amount to a demotion in rank or diminution in pay.

-- Only limitation is mala fides. That is, the employer cannot exercise this right is where it is vitiated by improper motive;

-- Employee may disobey an inconvenient transfer.

Refusal to Accept Promotion

- This is not insubordination. No law exists compelling the acceptance of a promotion, since this takes the nature of a gift which a person has the right to refuse.

- A transfer may be refused by the employee if the transfer is coupled with or is in the nature of a promotion.

REQUIREMENT OF DUE PROCESS

For termination of employment, the following standards on just causes as defined in Article 282 of the Labor Code:

a) A written notice served on the employee specifying the ground for termination, and giving employee reasonable opportunity to explain his side;

b) A hearing during which the employee is given the opportunity to respond to the charge, present his evidence or rebut the evidence presented against him; and

c) A written notice of termination served indicating that upon due consideration of all the circumstances, grounds have been established to justify his termination.

Pursuant to the pertinent provision of the Manual of Regulations for Private Schools and the Labor Code, you are hereby charged of ________________, an offense punishable by ____________, which was allegedly committed as follows:

(Attached copy of the complaint, if any)

Considering the foregoing, you are hereby required to explain in writing within three (3) days from receipt of this notice why no disciplinary action should be taken against you. Failure on your part to answer said charges within the prescribed period shall be deemed a waiver of your right to be heard and the case shall be resolved on the basis of the evidence available at hand.

Very truly yours,

SAMPLE NOTICE:

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