CLAREISSE F.

GABINETE, LPT
PEDRITO MAYO, LPT.
CLOTELDE FIEDACAN, LPT

LEGAL 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
3. 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:
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’SHOW
LEGAL FOUNDATION OF
EDUCATION
Act No. 74
January 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 476
June 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 7168
December 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 1006
September 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
Legal Basis of School’s Authority to Discipline

MRPS (DECS Order No. 92, s. 1992)

Manual of Regulations for Private Schools
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.
REASON:
For a school system to function
properly, the conduct of pupils
must conform to conditions that
are conducive to learning.
Extent of School Authority to Discipline

How far does the school’s

authority to maintain school
discipline among its community
members, particularly its
students, extend?
ANSWER

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--
 “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.”
 Imposition of Sanctions
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.
BASIC RULE

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.
Common Types of Penalties for Minor
Offenses

1) Fine
2) Extra Work
3) Corporal Punishment
4) Grade Reduction
 Sanctions for Grave Offenses
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.
 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?
 Depends on the Type of Offense
Committed
* 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.
II. After due process shall have been observed
Requirement of Due Process
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.”
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.
B. Right to Quality Education vis-à-vis
Obligation to Pay Tuition and Other Fees
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.”
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
In Reporting--

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.”
 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”
Section 72, MRPS--

“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)
 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.
This should be included as part of the the
enrollment form:
“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.”
II. School Personnel Matters
INEFFICIENCY AND INCOMPETENCE
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.
ISSUE:
What if the frequency of absences is “Habitual” in
character but EXCUSABLE? Can teacher be
terminated?
ANSWER
Supreme 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
How to declare ABANDONMENT?

Two (2) Letter Principle

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;
AND
 send 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 GradesThey
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 records 4) Adoption papers
2) Academic 5) Medical/guidance
records/ reports reports
3) Birth Certificates 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 Requiredby
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.”
ISSUES
 Disobedience toTransfer

-- 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.
SAMPLE NOTICE:
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,
-END-