LEGAL FOUNDATIONS OF

EDUCATION
 The Constitution of the Philippines
Section 1 Article XIV
The right of all Filipino citizens to quality education
at all level. The state shall take appropriate steps
to make such education accessible to all.

. Section 2 Article XIV

-Complete, Adequate and Integrated System
(preparatory, elem, secondary and higher ed)
. Section 2 Article XIV

 Free Public Elem and Secondary Educ

 Scholarship Grants and Incentives
 Non-formal, informal and Indigenous Learning
systems
 Curriculum(includes patriotism, nationalism,
respect for human rights, moral, ethical and
spiritual development, scientific and technological
knowledge and vocational efficiency)
 Complementary Roles of Public and private
institutions
 Ownership, Control and Administration of
Educational institutions
 Sec 5, Article XIV

Regional and Sectoral Needs

Academic Freedom(choice of course of study, fair
and reasonable admission and academic
requirements)
Budgetary Priority
National Language (Sec 6)
Research & Dev’t (Sec 10)
Free Artistic and Intellectual Expression (Sec 14)
Cultural Opportunities (Sec 17 & 18)
Physical Educ(Sec 19)
Education Act of 1982
Envisions an integrated educational system that will
ensure harmonious workings of non-formal education
which will complement and supplement formal
education
Governs both formal and non-formal systems in both
public and private schools in all levels of the entire
educational system
Natural Rights and Duties of Parents in
the Education of Children
Students Rights and Responsibilities

Bill 4288
Suspension and Expulsion
Search and Seizure
Freedom of Expression
Rights of Schools

The State’s power over private educational institutions

is limited to supervision and regulation and not
control. Although the DECS may impose minimum
requirements.

Ownership and Administration of Schools

Rights of Parents

Batas Pambansa Blg. 232

parents have the right to organize themselves and/or
with teachers for the purpose of providing a forum for
discussion of matters relating to school programs.
They also have right to access any official record
directly relating to children under parental responsibility.

Parents retain access to their children’s school records

until the child reaches the age of 18. After which parents
parties may gain access to only upon written authority
from the student.
Special Rights of Teachers
Teachers and school administrators shall be deemed
persons in authority while in discharge of lawful duties
and responsibilities and shall. Therefore be accorded
due respect and protection.
Additional compensation of teachers(national
elections)
 The Teacher Education and Development Map
Retirement
Preparation DepED
Entry to
Teacher
Education
DepED/CHED/TEIs CHED/TEIs/Schools
In-Service Training Pre-Service
and Professional Training
Development (BEEd/BSEd/PGCEd)
National
Competency-Based Teacher
DepED Standards
PRC
Induction
Teacher
Training
Licensure
DepED* / Civil Service
Teacher Human Resource
Planning, Recruitment, *Includes public and private schools
Selection, Deployment
and Recognition System
Magna Carta for Teachers R.A. 4670

Contract
(upon appointment)

Probation, Tenure, Breach of Contract(probation ranges

from 1sem to 6sems and tenure is provided wherein teachers
are prevented from dismissal without cause and due process be
provided)

Due Process(dismissal of tenured teachers has rules:teacher

be given notice of dismissal, time to prepare for a defense,
right to have a counsel, right to present evidence, be heared by
impartial body and appeal to that higher body.
Academic Freedom(freedom to discuss topics/issues
within their fields of expertise, selct teaching methods,
supplemental materials, projects)

Teachers as models(should be an example of high moral

standards, impeccable character, conservative dress and
grooming and refined manners.Behavioral problems may
cause nonrenewal of appointment ; living in w/ opposite
sex, admitted homosexuality, sexual involvement w/
students, telling of obscene jokes,taking drugs, drunk while
teaching, wearing provocative dresses, pigtails for men)
Tort Liability and Negligence
(teachers are guilty if students are injured in the
classroom, playground, lab because of neglect, parent’s
waiver during field trips does not release teachers from
obligations to protect students in their care)

Loco Parentis
(rights of students should be protected while under the
supervision of the school and no corporal punishment
allowed)
PD 907
Granting Civil Service Eligibility To College Honor
Graduates
RA 6655 – Free Secondary Education Act of
1988
Free payment of tuition fees and other fees (national
high schools, SUCs, specialized schools, trade schools,
technical schools, vocational and fishery schools
Other Legal Bases
DECS Order No. 37 s. 1994 National Elementary
Assessment Test (NEAT)
DECS Order No. 1 s. 1994 School Calendar
Congressional Commission on Education (Edcom)
Financing Public Education
Public education is generally supported by the national
government
Special Educ Fund Act (to aid provincial, municipal,
city and barrio schools)
Special Educ Fund is derived from real property tax,
cigarette and tobacco tax
Financing Elem Education
Supported largely by national government

Financing Special Schools

-supported by voluntary contributions, national funds
and PCSO (Phil Charity Sweepstakes Office)
Financing State Univ & Colleges (SUC)
Supported by the national government and from
fees collected from students.

Financing Private Education

-private schools do not receive aids from
government, they are financed from tuition and
other fees collected from students that is why these
schools charged high tuition fees
Overview of Philippine Educational System

Mandate
 1987 1994 2001

 

1987 Philippine Constitution

 DECS is the principal government agency responsible for education and
manpower development.
 “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." (Art. XIV, Sec. 1)
 Overview of Philippine Educational System

Mandate
1987 1994 2001
  
Tri-focalization of Education Management
 RA 7722 and RA 7796 created:
 DECS for basic education
 CHED for higher education
 TESDA for post-secondary, middle-level manpower training and development
II. Overview of Philippine Educational System

Mandate
1987 1994 2001
  
“Governance of Basic Education Act of 2001”
 RA 9155:
 Formally renamed DECS as the Department of Education and transferred
“culture” and “sports” to the National Commission for the Culture and the Arts
and the Philippine Sports Commission
 II. Overview of Philippine Educational System

Structure of the Formal Public Educational System

Age 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20, 21 AND ABOVE

Grade/
Year 1 2 3 4 5 6 I II III IV

PRE – ELEMENTARY SECONDARY TERTIARY GRADUATE POST

Level GRADUATE
SCHOOL (Compulsory) (Optional)
General General, Humanities,
Educ/Teacher Trng, Masteral Doctoral
Secondary Social/Beh. Sci. Courses Courses
School Business Ad.,
Natural Science
Mathematics
Vocational
Secondary
School Trades, Crafts
Home Econ.
Service Traders
Mass Com, Other Dis.,
Special Schools Fine Arts, Architectural,
Religious/Theology,
Law & Jurisprudence,
Non-Formal Education Medical, Engineering,
Veterinary, Medicine
AGE LEVEL
15-24 – Out of School Youth` Basic Literacy Level Post Secondary
25 above-Adults Elementary Level
2-3 Yr. Technical or
Secondary Level Technician
• ICT in Education Vision: Functionally Literate Filipinos
• Partnerships with Private
Sector/Industry
• Increase spending Teacher Development
for Basic Education • RBEC and Supply
• Tech Voc
• Hiring and • Food for
• English,

Curr
deployment school

Students
ol s
Science, Math

Teachers
• SBM • Every Child a

iculu
• Training • NAT

Scho
• Critical Reader
• Certification • NCAE

m
learning
resources Program • Multi-Grade • A&E CHED
• Teachers • Distance and
benefits and alternative Special Education
• Pre- school
Welfare learning College/
• Feeding University
B A S I C E D U C AT I O N ?
Elementary High School Technical
Grade 1 Vocational
ECE Public Schools NCAE +
Readiness
Private Schools Counselling
Test
Drop-outs TESDA
DSWD
DOH
TPE
LGUs S
GA
Labor Force

Alternative Learning Accreditation & Equivalency

INDUS-
TRY
Basic Education Framework
Five Dimensions to
Professionalism
Five Dimensions to Professionalism
1. Specialized Knowledge
2. Skills
3. Standards
4. Spirit
5. Supportive Environment
 A. Specialized Knowledge
Know – What and know – How when a person does his
job well. He is the person who can best do the job.

B. Skills
Knowledge is translated in the quality of
our work in the way we put specialized
knowledge into practice.
 a. Technical Skills
 Accuracy in routine office work
 Speed in routine office work
 Planning work in advance
 Neat and orderly results
 Knowing general office methods
 Learning about new methods

b. Social Skills
Appropriate personal appearance
Suitable use of language
Keeping business secret
CO – operating with other workers
 Personal Qualities
 Getting to work on time
 Getting to work done before deadlines
 Using suitable initiative
 Accepting appropriate responsibility
 Accepting suggestions and criticisms.
a. Time management
b. Resource/s management
c. Space management
d. Faculty
1. Starting on the Dot
 Make Filipino time synonymous with
Punctuality
 Be prompt
2. Making good use of Time
 Time is opportunity, time is gold, time is
glory.
C. Standards
 They are the yardstick of our work; they measure the quality of our work.
a. internal
b. external

 Mediocrity vs. Excellence

 Complacency vs. Dynamism
 Reactive vs. Proactive
 Self – Interest vs. Principle

D. Spirit
It refers to the esprit d’ corps.

Elements
Acceptance
Understanding
collaboration

E. Supportive Environment
 Code of Ethics
of
Professional Teachers
 Code of Ethics for Professional
Teachers adopted and promulgated by
the Board for Professional Teachers
through Board Resolution No. 435,
series of 1997, pursuant to the
provisions of paragraph (e), Article II
of RA No. 7836, otherwise known as
the “Philippine Teachers
Professionalization Act of 1994”
Teachers are duly licensed
professionals who posses dignity and
reputation with high moral values as
well
as technical and
professional
competence.
 1. The Teacher and the State
 A Trustee of the cultural and educational heritage of the
nation.

 Elevate national morality, promote national pride, cultivate

love of country.

 Actively help carry out the declared policies of the state.

 Physically, mentally and morally fit.

 Posses and actualize full commitment and devotion to duty.

 Shall not engage in the promotion of any political, religious,

or other partisan interest.

 Shall vote and shall exercise all other constitutional rights

and responsibilities.

 Shall enjoy academic freedom.

 2. The Teacher and the Community
Shall render the best services

Provide leadership and initiative to actively participate in

community movements.

Behave with honor and dignity at all times and refrain

from gambling, smoking, drunkenness and illicit relations.
Study and understand local customs and traditions.

Inform the community about the schools work,

accomplishments, its needs and problems.

Provide leadership in community when needed; extend

counseling services.

Posses freedom to attend church and worship.

 3. The Teacher and the Profession
Ensure that teaching is the noblest profession.
Uphold the highest possible standards of quality
education.
Participate in the continuing Professional Education
program.
Help if duly authorized to seek support for the school
Use teaching profession in a manner that makes it a
dignified means for earning a decent living.
 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)
 4. The Teacher and the Teaching Community
Be imbued with the spirit of professional loyalty,
mutual confidence and faith in one another, self-
sacrifice for the common good and full cooperation
with colleagues.
Not to claim for work not of his own and give due
credit for the work of others which he may use.
Organize and leave to his successor such records and
other data as are necessary to carry on the work.
Hold inviolate all confidential information concerning
associates and the school.
May seek correctives for what may appear to be on
unprofessional and unethical conduct of any associate.

May submit to the proper authorities any justifiable

criticism against an associate preferably in writing,
without violating any right of the individual
concerned.

May apply for a vacant position for which he is

qualified, provided that he respects the system of
selection on the basis of merit and competence.
 5. The Teacher and Higher Authorities in the
Philippines
Make an honest effort to understand and support the
legitimate policies of the school and the administration.
Make no false accusation or charges against superiors,
especially under anonymity.
Transact all official business through channels.
Seek redress against injustice and discrimination and raise
his grievances within democratic processes.

Invoke the Principle that appointments, promotions, and

transfer of teachers are made only on the basis of merit
and need in the interest of the service.

Live up to his contractual obligation – assuming full

knowledge of the employment terms and conditions.
 6. School Officials, Teachers and Other
Personnel
School officials show professional courtesy, helpfulness
and sympathy towards teachers and other personnel.

Formulate policies or introduce important changes in

system at all levels.

Encourage and attend to the professional growth of all

teachers.
Shall not dismiss or recommend for dismissal a teacher or
other subordinates except for a cause.

Ensure that public school teachers are employed in

accordance with pertinent civil service rules.
 7. The Teacher and Learners
Has the right and duty to determine the academic
marks and promotion of learners in the subjects they
handle.
Recognize that the interest and welfare of learners are
his first and foremost concern, and handle each
learner justly and impartially.
Shall not be prejudiced nor discriminate any learner.
Shall not accept favors or gifts from learners, parents
and others in exchange for requested concessions.
Shall not accept, directly or indirectly, any
remuneration from tutorials.
Base evaluation of the learner’s work on merit and
quality of academic performance.
Exercise utmost discretion to avoid scandal, gossip
and preferential treatment of the learner.
Shall not inflict corporal punishment on offending
learners nor make deductions from their scholastic
ratings.
Insure that conditions contributive to the maximum
development of learners are adequate.
 8. The Teacher and Parents
Establish and maintain cordial relations with parents.

Inform parents, through proper authorities of the progress

or deficiencies of learners under him.

Hear parents’ complaint with sympathy and

understanding.
 9. The Teacher and Business
Has a right to engage, directly or indirectly, in legitimate
income generation.

Maintain a good reputation with respect to financial

matters.

Not to act, directly or indirectly, as agent of or be

financially interested in any commercial venture.
 10. The Teacher as a Person
Live with dignity in all places at all times.
Place premium upon self-respect and self-discipline.
Maintain at all times a dignified personality.
Recognize the Almighty God or Being as guide of his own
destiny and of the destinies of men and nations.
 “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)
 Principal Duty or Obligation is To
Ensure “Quality Education”
What is QUALITY EDUCATION?
“making sure that basic education is really
solid, because if it is not solid, it affects the
quality of secondary education. If secondary
education is poor, then the person goes to
college unprepared for college work. And if he
is allowed to graduate again with a poor
quality college education, he goes to
university professional education even more
unprepared.”
- Rev. Fr. Joaquin Bernas, SJ
In short—
“A school, before promoting or
graduating a student, must be sure that
he/she (the student) is functionally
literate to go through next higher level.”
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 of
quality education, shall make the
best preparation for the career of
teaching, and shall be at his best at
all times in the practice of his
profession.”
BP 232 (Education Act of 1982), Section 16 (2) provides—

“The teacher shall be accountable for

efficient and effective attainment of specified
learning objectives .”
Code of Ethics further mandates that—
“Every teacher shall participate in the
continuing professional education (CPE)
program of the PRC, and shall pursue such
other studies as will improve his efficiency,
enhance the prestige of the profession, and
strengthen his competence, virtue and
productivity in order to be nationally and
internationally competitive.”
(Article IV, Section 3)
 “A teacher shall ensure
that conditions contributive
to the maximum
development of learners are
adequate and shall extend
assistance in preventing or
solving learners’ problems
and difficulties.”

(Article IV, Section 3)

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 performance
standards should not be allowed to stay in school .

The MRPS provides as just cause of terminating

a faculty—
“Gross inefficiency and incompetence in the
performance of his duties .”
(Section 3 (a))
Hence, the SC held in Evelyn Peña vs. NLRC
that—

“schools can set

high standards of
efficiency for its
teachers since quality
education is a mandate
of the Constitution
security of tenure
cannot be used to
shield incompetence.”
2) Must EVALUATE LEARNERS
(i) Duty to give grades/evaluation
Section 16(3) of BP 232, TEACHER
SHALL—
“Render regular reports on
performance of each student and to the
latter and to the latter’s parents and
guardians with specific suggestions for
improvement.”
and...
Must promptly render or give grades.
Otherwise, the unjustified or unreasonable
delay in giving grades constitutes gross
neglect of duty.
In the case of University of the East vs. Romeo A.
Jader, the SC declared—
“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 as to whether he/she
had already complied with all the requirements.”

“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.”
In evaluating/giving grades the following
rules of conduct must be observed—
Code of Ethics provides—
“A teacher has the duty to determine the
academic marks and the promotion of
learners in the subject they handle. Such
determination shall be in accordance with
generally accepted procedure of evaluation
and measurement on case of any complaint,
teachers concerned shall immediately take
appropriate action, observing the process.”

(Article VIII, Section 1)

 “Under no circumstances shall a teacher
be prejudiced nor discriminatory against any
learner.”
(Article VIII, Section 3)

“A teacher shall not accept favors or gifts

from learners, their parents or others in their
behalf in exchange for requested
concessions, especially if undeserved.”
(Article VIII, Section 4)

“A teacher shall base the evaluation of the

learner’s work on merit and quality of
academic performance.”
(Article VIII, Section 6)
(i) In computing the grades
Section 16 (5) of BP 232 mandates that a
teacher shall—
“Refrain from making deductions or additions
in student’s scholastic ratings for acts that are
clearly not manifestations of scholarship.”

Hence, Section 79 of the MRPS—

“Basis for Grading. – The grade or rating in a
student should be based SOLELY 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.”
Code of Ethics provides—
“A teacher shall not xxx make deductions from
their scholastic ratings as a punishment for acts
which are clearly not manifestations of poor
scholarship.”
(Article VIII, Section 8)

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.
Parental Authority to Discipline

“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.
Hence, teachers cannot generally
use methods of punishing or such
degree of penalties that a good mother
or a good father would not likely use on
her/his own children.”
Corporal Punishment - Article 233 (2nd par.)

“In no case inflict corporal punishment

upon the child.”

Definition: An act that inflict pain or harm

upon a child’s body as punishment for
wrong doing usually through beating and
spanking
Elements:
(a) physical contact
(b) to inflict pain
 VIII,8. A teacher shall
not inflict corporal
punishment on
offending learners nor
make deductions
from their scholastic
ratings as a
punishment for acts
which are clearly not
manifestations of
poor scholarship.
 THE TEACHING PROFESSION

Can be regarded in three ways:

Teaching as a profession

Teaching as a mission

Teaching as a vocation
Teaching as a profession

“Teaching is a noble profession”

The word “profession” is synonymous to:

Occupation, job, career, work, line of work

The word “professional” means long & arduous years of preparation, a

striving for excellence, a dedication to public interest and commitment
to moral & ethical values.
If you consider teaching as a profession then:

You must be willing to go through a long period of

preparation.

You must be willing to go through continuing education

(continuous development of potentials)

You must strive for excellence ( not “pwede na” mentality )

You commit yourself to moral, ethical and religious

values & dedicate yourself to service.
 Teaching as a mission

The word mission is derived from the Latin word “misio” which
means “to send”.

The Webster’s Dictionary defines “mission” as “task assigned”.

If teaching is your mission then it means:
a. It is the “task” entrusted to you in this world.

b. It is your assigned task thus you’ve got to prepare for it!

c. It calls for a continuing professional education.

“Once a teacher, forever a student”

 Teaching as a vocation

The word “vocation” comes from the Latin word “vocare” which
means “to call” thus vocation is a “call”.

For Catholics, the CALLER is GOD Himself.

“Many are called but few are chosen”

For Non-believers, the CALLER might be a man calling another

man.
If teaching is your vocation then it means:
You said YES to your call to teach!

You commit yourself in the total transformation of the learner.

You consider teaching as a lifetime commitment thus aim through

the years towards quality teaching.

“Teaching may not guarantee financial security but love of teaching

has served as a motivating factor to many teachers through the
years”. Teaching has remained inspiring & fulfilling.
Thank you !