prof. ed. legal foundations of education

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PHILIPPINE EDUCATIONAL PHILIPPINE EDUCATIONAL SYSTEM SYSTEM (Legal Foundation & (Legal Foundation & Professional Code of Professional Code of Ethics) Ethics) + =

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Page 1: Prof. ed.   legal foundations of education

PHILIPPINE EDUCATIONAL PHILIPPINE EDUCATIONAL SYSTEMSYSTEM

(Legal Foundation & (Legal Foundation & Professional Code of Ethics)Professional Code of Ethics)

+ =

Page 2: Prof. ed.   legal foundations of education

Did you know that…Did you know that…

- For every 100 Filipino children For every 100 Filipino children

who enters grade I, who enters grade I,

- only 66 will finished grade VI, only 66 will finished grade VI,

- 60 will go to high school, 60 will go to high school,

- 40 will graduate, 40 will graduate,

- 25 will go to college, 25 will go to college,

- 13 will complete a degree 13 will complete a degree

- and only 1-2 will get a stable joband only 1-2 will get a stable job

Page 3: Prof. ed.   legal foundations of education

LEGAL LEGAL BASES BASES

OF OF PHILIPPINE PHILIPPINE

EDUCATIONALEDUCATIONALSYSTEMSYSTEM

Page 4: Prof. ed.   legal foundations of education

Legal Bases of Education in Legal Bases of Education in the Philippines (Major the Philippines (Major Laws)Laws)

1987 Constitution of the Philippines

Education Act of 1982

Republic Act 4670- Magna Carta for Public School Teachers

Code of Ethics for Professional Teachers

Executive Orders

DEPED Memorandum and Circulars

CHED Memorandum and Circulars

RA 7836 – Philippine Teachers RA 7836 – Philippine Teachers Professionalization Act of 1994Professionalization Act of 1994

Page 5: Prof. ed.   legal foundations of education

1987 Philippine Constitution1987 Philippine Constitution Article XIV - Education, Science, Technology, Arts, Article XIV - Education, Science, Technology, Arts,

Culture and SportsCulture and SportsSection 1Section 1.. Ensures the right of all citizens to quality Ensures the right of all citizens to quality education at all levels. The State shall take appropriate education at all levels. The State shall take appropriate steps to make education accessible to all.steps to make education accessible to all.

Section 2Section 2 stipulates: stipulates:the establishment and maintenance of a completethe establishment and maintenance of a completeadequate and integrated system of education adequate and integrated system of education relevant to the needs of the people and society.relevant to the needs of the people and society.

free and compulsory public elementary educationfree and compulsory public elementary education

free secondary educationfree secondary education

scholarship grants and incentivesscholarship grants and incentives

non-formal, informal non-formal, informal and indigenous learning systemand indigenous learning system

Page 6: Prof. ed.   legal foundations of education

RIGHTS OF THE TEACHERSRIGHTS OF THE TEACHERSR.A. 4670 Magna Carta of Public School R.A. 4670 Magna Carta of Public School TeachersTeachers

Right to be informed of the charges in writing

Right to full access to the evidence in the case

Right to defend himself and be defended by a representative of his choice

Right to appeal to clearly designated authorities

Right to a married couple, both of whom are school teacher, to be employed in the same localities whenever possible.

Page 7: Prof. ed.   legal foundations of education

Republic Act 4670Magna Carta for Public School Teachers

RECRUITMENT

Elementary school teachers BEED graduates

LET passers Secondary school teachers

BSE graduates 18 units in major subject

LET passer

1. Study Leave (Sabbatical Leave) 2. Indefinite Leave3. Maternity leave with pay for 60 days4. Vacation leave with pay5. Enjoy one range salary raise upon retirement.

LEAVE & RETIREMENT BENEFITS

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Hours of Work and RemunerationHours of Work and Remuneration1. enjoy academic freedom in the discharge of 1. enjoy academic freedom in the discharge of professional duties regarding teaching and professional duties regarding teaching and classroom methodsclassroom methods

2. enjoy free physical exam and medical 2. enjoy free physical exam and medical treatment or treatment or hospitalizationhospitalization

3. salary scale – gradual progression from a 3. salary scale – gradual progression from a minimum to a maximum salary by means of minimum to a maximum salary by means of regular increments, granted automatically every regular increments, granted automatically every after 3 yearsafter 3 years

4. granting of cost of living allowance4. granting of cost of living allowance

5. additional compensation for service in excess 5. additional compensation for service in excess of 6 hrs of actual of 6 hrs of actual classroom teaching, classroom teaching, hardship allowance and automatic hardship allowance and automatic retirement retirement promotionpromotion

Republic Act 4670Magna Carta for Public School Teachers

Page 9: Prof. ed.   legal foundations of education

1.1. Basic salary based from the salary standardization lawBasic salary based from the salary standardization law2.2. Clothing Allowance – P4,000/yrClothing Allowance – P4,000/yr3.3. Productivity Pay – P2,000/yrProductivity Pay – P2,000/yr4.4. Proportional Vacation Pay – salary for April and MayProportional Vacation Pay – salary for April and May5.5. 1313thth Month Pay – midyear and end of the year Month Pay – midyear and end of the year6.6. Bonus – P5,000/yr as part of the 13Bonus – P5,000/yr as part of the 13thth month pay month pay7.7. Study leave (sabbatical leave) with pay equivalent to 100% of salary Study leave (sabbatical leave) with pay equivalent to 100% of salary

after 7 years of serviceafter 7 years of service8.8. Maternity leave with pay for 60 daysMaternity leave with pay for 60 days9.9. Paternity leave with pay for 7 working days Paternity leave with pay for 7 working days

(Paternity Act of 1996- RA 8187)(Paternity Act of 1996- RA 8187)10.10. Indefinite leaveIndefinite leave11.11. LOANSLOANS

- salary loan – 1 mo; 3 mos; 5 mos; 8 mos- salary loan – 1 mo; 3 mos; 5 mos; 8 mos- policy loan- policy loan- pag-ibig loan- pag-ibig loan- emergency loan- emergency loan- calamity loan, etc…- calamity loan, etc…

Monetary and other Monetary and other BenefitsBenefits

Page 10: Prof. ed.   legal foundations of education

Education Act of 1982Education Act of 19821. 1. The Act provided for the establishment The Act provided for the establishment

and maintenance of an integrated system and maintenance of an integrated system of educationof education

2. It provided for the establishment of the 2. It provided for the establishment of the Board of Higher Education; Bureau of Board of Higher Education; Bureau of Elementary Education, Secondary Elementary Education, Secondary Education, Continuing Education, Education, Continuing Education, Technical and Vocational EducationTechnical and Vocational Education

3. It provided for the training of the 3. It provided for the training of the nation’s manpower in the middle-level nation’s manpower in the middle-level skills required for national developmentskills required for national development

Page 11: Prof. ed.   legal foundations of education

RIGHTS AND DUTIES OF THE STUDENTSRIGHTS AND DUTIES OF THE STUDENTSEducation Act of 1982Education Act of 1982

Right to receive competent instruction, relevant Right to receive competent instruction, relevant quality educationquality education

Right to freely choose their field of study Right to freely choose their field of study Right to school guidance and counseling servicesRight to school guidance and counseling servicesRight to access to his own school records,Right to access to his own school records,Right to the issuance of official documents within Right to the issuance of official documents within

thirty days from request.thirty days from request.Right to publish a school newspaperRight to publish a school newspaperRight to free expression of opinions Right to free expression of opinions Right to form, establish and join organizationRight to form, establish and join organizationRight to be free from involuntary contributionRight to be free from involuntary contribution

Page 12: Prof. ed.   legal foundations of education

Republic Act 7722Republic Act 7722The Higher Education Act of 1994The Higher Education Act of 1994

• It created the Commission on Higher Education (CHED) It created the Commission on Higher Education (CHED) independent from the Department of Educationindependent from the Department of Education

• Its coverage include both public and private Its coverage include both public and private institutions of higher education as well as degree institutions of higher education as well as degree granting programs in all post-secondary educational granting programs in all post-secondary educational institutionsinstitutions

• Authorizes the CHED to develop certain mandatory Authorizes the CHED to develop certain mandatory curricular offerings particularly in the general curricular offerings particularly in the general education programeducation program

Page 13: Prof. ed.   legal foundations of education

Republic Act 7796An Act Creating the Technical Education and Skills

Development Authority (TESDA)

It created TESDA to provide relevant, accessible It created TESDA to provide relevant, accessible high quality and efficient technical education high quality and efficient technical education and skills development in support of the and skills development in support of the development of higher quality Filipino middle-development of higher quality Filipino middle-level manpower responsive to and in accordance level manpower responsive to and in accordance with Philippine Development and prioritieswith Philippine Development and priorities

Page 14: Prof. ed.   legal foundations of education

RA #7836 – Philippine Teachers RA #7836 – Philippine Teachers Professionalization Act of 1994Professionalization Act of 1994

• Prescribes the Licensure Examination for Teachers Prescribes the Licensure Examination for Teachers (LET) to make them duly licensed professionals who (LET) to make them duly licensed professionals who possess dignity and reputation with high moral possess dignity and reputation with high moral values as well as technical and professional values as well as technical and professional competencecompetence

• Provides that within 2 years after January 12, 1996, Provides that within 2 years after January 12, 1996, no person shall teach in preschool, elementary or no person shall teach in preschool, elementary or secondary level or in vocational courses unless he is secondary level or in vocational courses unless he is a duly registered professional teachers.a duly registered professional teachers.

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1.1.Objectives (Article 1, Objectives (Article 1, Section 3)Section 3)

1.1. The promotion, development The promotion, development and professionalization of and professionalization of teachers and the teaching teachers and the teaching profession; andprofession; and

2.2. The supervision and The supervision and regulation of the licensure regulation of the licensure examinationexamination

Page 16: Prof. ed.   legal foundations of education

2. 2. Creation and Composition of the Creation and Composition of the Board(Article II, Section 5)Board(Article II, Section 5)

-Created under this Act of Board for -Created under this Act of Board for Professional Teachers called the Professional Teachers called the Board under the general supervision Board under the general supervision and administrative control of the and administrative control of the Professional Regulation Commission Professional Regulation Commission , called the Commission, called the Commission

- Composition of the Board: Five (5) - Composition of the Board: Five (5) members to be appointed by the members to be appointed by the President of the Philippines.President of the Philippines.

Page 17: Prof. ed.   legal foundations of education

3. 3. Examination, Registration and Examination, Registration and License Required (Article III, License Required (Article III,

Section 13)Section 13)

1. Written Examination given at 1. Written Examination given at least once a yearleast once a year

2. A valid certificate of 2. A valid certificate of registration and a valid registration and a valid professional license from the professional license from the Commission are required before Commission are required before any person is allowed to practice any person is allowed to practice as a professional teacher in the as a professional teacher in the Philippines.Philippines.

Page 18: Prof. ed.   legal foundations of education

4. 4. Scope and Examination (Article Scope and Examination (Article III, Section 14)III, Section 14)

1. Elementary level, there are two 1. Elementary level, there are two parts namely; professional parts namely; professional education and general educationeducation and general education

2. For secondary level, there are 2. For secondary level, there are three parts, namely; professional three parts, namely; professional education, general education and education, general education and field of specializationfield of specialization

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5. Qualification Requirements of 5. Qualification Requirements of Applicants (Article III, Section 15)Applicants (Article III, Section 15)

1. A citizen of the Philippines or an 1. A citizen of the Philippines or an alien whose country has reciprocity alien whose country has reciprocity with the Philippines in the practice with the Philippines in the practice of the teaching professionof the teaching profession

2. At least 18 yrs. Old of age2. At least 18 yrs. Old of age

3. In good health and good 3. In good health and good reputation with high moral valuesreputation with high moral values

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4. Has not been convicted by final 4. Has not been convicted by final judgment by a court for an offense judgment by a court for an offense involving moral turpitudeinvolving moral turpitude

5. A graduate of a school, college or 5. A graduate of a school, college or university recognized by the university recognized by the government and possesses the government and possesses the minimum educational qualifications, minimum educational qualifications, as follows:as follows:

for teachers in preschool, a for teachers in preschool, a bachelor’s degree in early childhood bachelor’s degree in early childhood education or its equivalenteducation or its equivalent

Page 21: Prof. ed.   legal foundations of education

for teachers in the elementary grades, a for teachers in the elementary grades, a bachelor’s degree in elementary bachelor’s degree in elementary education (BEED) or its equivalent;education (BEED) or its equivalent;

for teachers in the secondary grades, a for teachers in the secondary grades, a bachelor’s degree in education or its bachelor’s degree in education or its equivalent with a major and minor, or a equivalent with a major and minor, or a bachelor’s degree in arts and sciences bachelor’s degree in arts and sciences with at least 18 units in professional with at least 18 units in professional educationeducation

For teachers of vocational and two- For teachers of vocational and two- year technical courses, a bachelor’s year technical courses, a bachelor’s degree in the field of specialization or its degree in the field of specialization or its equivalent, with at least 18 units of equivalent, with at least 18 units of professional education.professional education.

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6.6. Issuance of Certificate of Issuance of Certificate of Registration and Professional Registration and Professional License (Article III, Section 17)License (Article III, Section 17)

1. The registration of a 1. The registration of a professional teacher commences professional teacher commences from the date his name is enrolled from the date his name is enrolled in the roster of professional in the roster of professional teachersteachers

Page 23: Prof. ed.   legal foundations of education

CODE OF ETHICS FOR PROFESSIONAL TEACHERS

THE TEACHER AND THE COMMUNITY

THE TEACHER AND THE STATE

THE TEACHER AND THE

PROFESSION

THE TEACHER AND THE

TEACHING COMMUNITY

THE TEACHER AND HIFGHER AUTHORITIES IN THE PROFESSION

SCHOOLS OFFICIALS TEACHERS AND OTHER PERSONNEL

THE TEACHER AND THE

LEARNERS

THE TEACHER AND THE PARENT

THE TEACHER

AND BUSSINESS

THE TEACHER AS

A PERSON

Page 24: Prof. ed.   legal foundations of education

Code of Ethics for Professional Code of Ethics for Professional TeachersTeachers

PREAMBLEPREAMBLE

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

Page 25: Prof. ed.   legal foundations of education

SCOPE AND LIMITATIONSSCOPE AND LIMITATIONS

This Code covers all public and private school This Code covers all public and private school teachers in all educational institutions at teachers in all educational institutions at the preschool, primary, elementary, and the preschool, primary, elementary, and secondary levels whether academic, secondary levels whether academic, vocational, special technical, or non-formal. vocational, special technical, or non-formal.

The term “teacher” shall include industrial The term “teacher” shall include industrial arts or vocational teachers and all other arts or vocational teachers and all other persons performing supervisory and/or persons performing supervisory and/or administrative functions in all schools at administrative functions in all schools at the aforesaid levels, whether on full-time of the aforesaid levels, whether on full-time of part-time basis.part-time basis.

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THE TEACHER AND THE STATETHE TEACHER AND THE STATE1.1. The schools are the nurseries of the future citizens of the state, each The schools are the nurseries of the future citizens of the state, each

teacher is a trustee of the cultural and educational heritage of the teacher is a trustee of the cultural and educational heritage of the nation and is under obligation to transmit to learners such heritage as nation and is under obligation to transmit to learners such heritage as well as to elevate national morality, promote national pride, cultivate well as to elevate national morality, promote national pride, cultivate love of country, instill allegiance to the Constitution and respect for all love of country, instill allegiance to the Constitution and respect for all duly constituted authorities, and promote obedience to the laws of the duly constituted authorities, and promote obedience to the laws of the state.state.

2.2. In the interest of the State and of the Filipino people as much as of his In the interest of the State and of the Filipino people as much as of his own, every teacher shall be physically, mentally and morally fit.own, every teacher shall be physically, mentally and morally fit.

3.3. A teacher shall not engage in the promotion of any political, religious A teacher shall not engage in the promotion of any political, religious and other partisan interest, and shall not, directly or indirectly, solicit, and other partisan interest, and shall not, directly or indirectly, solicit, require, collect, or receive any money or service or other valuable require, collect, or receive any money or service or other valuable material from any person or identity for such purposes.material from any person or identity for such purposes.

4.4. Every teacher shall vote and shall exercise all other constitutional Every teacher shall vote and shall exercise all other constitutional rights and responsibilities.rights and responsibilities.

5.5. A teacher shall not use his position or official authority or influence to A teacher shall not use his position or official authority or influence to coerce any other person to follow any political course of action.coerce any other person to follow any political course of action.

Page 27: Prof. ed.   legal foundations of education

THE TEACHER AND THE TEACHING THE TEACHER AND THE TEACHING COMMUNITYCOMMUNITY

Every teacher shall Every teacher shall merit reasonablemerit reasonablesocial recognitionsocial recognition for for which purpose he which purpose he shall behave with shall behave with honor and dignity at honor and dignity at all times and refrain all times and refrain from such activities from such activities as gambling, as gambling, smoking, smoking, drunkenness and drunkenness and other excesses, mush other excesses, mush less illicit relations.less illicit relations.

Every teacher shall help Every teacher shall help the school to keep the the school to keep the people in the communitypeople in the community informed about the informed about the school’s work and school’s work and accomplishments as well accomplishments as well as its needs and as its needs and problems.problems.

Every teacher shall Every teacher shall provide provide leadership and leadership and initiative to actively initiative to actively participate in community participate in community movements for moral, movements for moral, social, educational, social, educational, economic and civic economic and civic betterment involved in betterment involved in matters affecting the matters affecting the welfare of the people.welfare of the people.

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THE TEACHER AND THE PROFESSIONTHE TEACHER AND THE PROFESSION

1.1. Every teacher shall actively help ensure that Every teacher shall actively help ensure that teaching is the teaching is the noblest professionnoblest profession, and shall , and shall manifest genuine enthusiasm and pride in manifest genuine enthusiasm and pride in teaching as a noble calling.teaching as a noble calling.

2.2. Every teacher shall participate in the Every teacher shall participate in the continuing continuing professional educationprofessional education (CPE) program of the (CPE) program of the Professional Regulation Commission, and shall Professional Regulation Commission, and shall pursue such other studies as will improve his pursue such other studies as will improve his efficiency, enhance the prestige of the profession, efficiency, enhance the prestige of the profession, and strengthen his competence, virtues, and and strengthen his competence, virtues, and productivity in order to be nationally and productivity in order to be nationally and internationally competitive.internationally competitive.

3.3. Every teacher shall use the teaching profession in Every teacher shall use the teaching profession in a manner that makes it a manner that makes it a dignified means of a dignified means of earning a decent living.earning a decent living.

Page 29: Prof. ed.   legal foundations of education

THE TEACHER AND HIGHER AUTHORITIES THE TEACHER AND HIGHER AUTHORITIES IN THE PROFESSIONIN THE PROFESSION

1.1. Every teacher shall make it his duty to make an honest Every teacher shall make it his duty to make an honest effort to understand and support the legitimate policies of effort to understand and support the legitimate policies of the school and the administration regardless of personal the school and the administration regardless of personal feeling or private opinion and shall faithfully carry them out.feeling or private opinion and shall faithfully carry them out.

2.2. A teacher shall transact all official business through channels A teacher shall transact all official business through channels except when special conditions warrant a different except when special conditions warrant a different procedure, such as when reforms are advocated but are procedure, such as when reforms are advocated but are opposed by the immediate supervisor, in which case the opposed by the immediate supervisor, in which case the teacher shall appeal directly to the appropriate higher teacher shall appeal directly to the appropriate higher authority.authority.

3.3. Every teacher, individually or as part of a group, has the Every teacher, individually or as part of a group, has the right to seek redress against injustice and discrimination right to seek redress against injustice and discrimination and, to the extent possible, shall raise his grievances within and, to the extent possible, shall raise his grievances within acceptable democratic processes.acceptable democratic processes.

4.4. Every teacher has a right to invoke the principle that Every teacher has a right to invoke the principle that appointments, promotions, and transfers of teachers are appointments, promotions, and transfers of teachers are made only on the basis of merit and need in the interest of made only on the basis of merit and need in the interest of service.service.

Page 30: Prof. ed.   legal foundations of education

SCHOOL OFFICIALS, TEACHERS AND OTHER SCHOOL OFFICIALS, TEACHERS AND OTHER PERSONNELPERSONNEL

1.1. All school officials shall at all times show All school officials shall at all times show professional courtesy, helpfulness and sympathy professional courtesy, helpfulness and sympathy towards teachers and other personnel, such towards teachers and other personnel, such practices being standards of effective school practices being standards of effective school supervision, dignified administration, responsible supervision, dignified administration, responsible leadership and enlightened direction.leadership and enlightened direction.

2.2. School officials, teachers, and other personnel School officials, teachers, and other personnel shall consider in their cooperative responsibility to shall consider in their cooperative responsibility to formulate policies or introduce important changes formulate policies or introduce important changes in the system at all levels.in the system at all levels.

3.3. School officials shall encourage and attend to the School officials shall encourage and attend to the professional growth of all teachers under them professional growth of all teachers under them such as in recommending them for promotion, such as in recommending them for promotion, giving them due recognition for meritorious giving them due recognition for meritorious performance, and allowing them to participate in performance, and allowing them to participate in conferences and training programs.conferences and training programs.

4.4. No school official shall dismiss or recommend for No school official shall dismiss or recommend for dismissal a teacher or other subordinates except dismissal a teacher or other subordinates except for a cause.for a cause.

Page 31: Prof. ed.   legal foundations of education

THE TEACHER AND THE LEARNERSTHE TEACHER AND THE LEARNERS

1.1. A teacher shall recognize that the interest and welfare of learners A teacher shall recognize that the interest and welfare of learners are of first and foremost concern, and shall deal justly and are of first and foremost concern, and shall deal justly and impartially with each of them.impartially with each of them.

2.2. Under no circumstances shall a teacher be prejudiced nor Under no circumstances shall a teacher be prejudiced nor discriminatory against any learner.discriminatory against any learner.

3.3. A teacher shall not accept any favors or gifts from learners, their A teacher shall not accept any favors or gifts from learners, their parents, or others in their behalf in exchange for requested parents, or others in their behalf in exchange for requested concessions, especially if undeserved.concessions, especially if undeserved.

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

5.5. In a situation where mutual attraction and subsequent love In a situation where mutual attraction and subsequent love develop between teacher and learner, the teacher shall exercise develop between teacher and learner, the teacher shall exercise utmost professional discretion to avoid scandal, gossip, and utmost professional discretion to avoid scandal, gossip, and preferential treatment of the learner.preferential treatment of the learner.

6.6. A teacher shall not inflict corporal punishment on offending A teacher shall not inflict corporal punishment on offending learners nor make deductions from their scholastic ratings such learners nor make deductions from their scholastic ratings such as a punishment for acts which are clearly not manifestations of as a punishment for acts which are clearly not manifestations of poor scholarship.poor scholarship.

Page 32: Prof. ed.   legal foundations of education

THE TEACHER AND THE PARENTSTHE TEACHER AND THE PARENTS

1.1. Every teacher shall establish and maintain cordial Every teacher shall establish and maintain cordial relations with parents, and shall conduct himself to relations with parents, and shall conduct himself to merit their confidence and respect.merit their confidence and respect.

2.2. Every teacher shall inform parents, through proper Every teacher shall inform parents, through proper authorities, of the progress or deficiencies of authorities, of the progress or deficiencies of learners under him, exercising utmost candor and learners under him, exercising utmost candor and tact in pointing out learners’ deficiencies and in tact in pointing out learners’ deficiencies and in seeking parents’ cooperation for the proper seeking parents’ cooperation for the proper guidance and improvement of learners.guidance and improvement of learners.

3.3. A teacher shall hear parents’ complaints with A teacher shall hear parents’ complaints with sympathy and understanding, and shall discourage sympathy and understanding, and shall discourage unfair criticism.unfair criticism.

Page 33: Prof. ed.   legal foundations of education

THE TEACHER AND BUSINESSTHE TEACHER AND BUSINESS

1.1. A teacher has the right to engage, directly or indirectly, in A teacher has the right to engage, directly or indirectly, in legitimate income generation activities, provided that it legitimate income generation activities, provided that it does not relate to or adversely affect his work as a does not relate to or adversely affect his work as a teacher.teacher.

2.2. A teacher shall maintain a good reputation with respect to A teacher shall maintain a good reputation with respect to financial matters such as in the settlement of his debts and financial matters such as in the settlement of his debts and loans and in arranging satisfactorily his private financial loans and in arranging satisfactorily his private financial affairs.affairs.

3.3. No teacher shall act, directly or indirectly, as agent of, or No teacher shall act, directly or indirectly, as agent of, or be financially interested in, any commercial venture which be financially interested in, any commercial venture which furnish textbooks and other school commodities in the furnish textbooks and other school commodities in the purchase and disposal of which he can exercise official purchase and disposal of which he can exercise official influence, except only when his assignment is inherently, influence, except only when his assignment is inherently, related to such purchase and disposal, provided that such related to such purchase and disposal, provided that such shall be in accordance with existing regulations, provided, shall be in accordance with existing regulations, provided, further, that members of duly recognized teachers’ further, that members of duly recognized teachers’ cooperatives may participate in the distribution and sale of cooperatives may participate in the distribution and sale of such commodities.such commodities.

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THE TEACHER AS A PERSONTHE TEACHER AS A PERSON

1.1. A teacher is, above all, a human being endowed with life for which A teacher is, above all, a human being endowed with life for which it is his highest obligation to live with dignity at all times whether it is his highest obligation to live with dignity at all times whether in school, in the home, or elsewhere.in school, in the home, or elsewhere.

2.2. A teacher shall place premium upon self-respect and self-discipline A teacher shall place premium upon self-respect and self-discipline as the primary principles of personal behavior in all relationships as the primary principles of personal behavior in all relationships with others and in all situations.with others and in all situations.

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

4.4. A teacher shall always recognize the Almighty God as guide of his A teacher shall always recognize the Almighty God as guide of his own destiny and of the destinies of men and nations.own destiny and of the destinies of men and nations.

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DISCIPLINARY ACTIONDISCIPLINARY ACTION

Any violation of any provision of this Code shall be Any violation of any provision of this Code shall be sufficient ground for the imposition against the sufficient ground for the imposition against the erring teacher of disciplinary action consisting of erring teacher of disciplinary action consisting of revocation of his Certificate of Registration and revocation of his Certificate of Registration and License as a Professional Teacher, suspension from License as a Professional Teacher, suspension from the practice of the teaching profession, reprimand, the practice of the teaching profession, reprimand, or cancellation of his temporary/special permit or cancellation of his temporary/special permit under causes specified in Sec. 23, Article III of R.A. under causes specified in Sec. 23, Article III of R.A. 783663., and under Rule 31, Article VIII, of the 783663., and under Rule 31, Article VIII, of the Rules and Regulations implementing RA 78Rules and Regulations implementing RA 78

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Dear Teacher;I am a survivor of a concentration camps . I am a survivor of a concentration camps .

My eyes saw what no man should witness: My eyes saw what no man should witness: Gas chambers built by learned engineers. Gas chambers built by learned engineers. Children Poison by educated physicians. Children Poisoned by educated physicians.

Infants killed by trained nurses. Infants killed by trained nurses. Women and babies shot and burned by high school and college Women and babies shot and burned by high school and college

graduates. graduates. So I am suspicious of education. So I am suspicious of education.

My request is to help your students become human. My request is to help your students become human. Your efforts must never produce learned monsters, skilled Your efforts must never produce learned monsters, skilled

psychopaths, educated psychopaths, educated EichmannsEichmanns. . Reading, writing arithmetic are important only Reading, writing arithmetic are important ONLYif they serve to make our children more humanif they serve to make our children MORE HUMAN

Page 37: Prof. ed.   legal foundations of education

““When I was When I was youngyoung and and

freefree and my and my imagination imagination

had no had no limits, I limits, I

dreamed of dreamed of changing the changing the

worldworld.”.”

Page 38: Prof. ed.   legal foundations of education

“As I grew older and wiser, I discovered the

world would not change, so I shortened my sights somehow and decided to

change only my country..”

Page 39: Prof. ed.   legal foundations of education

““But it too But it too seemed seemed

immovableimmovable!.”!.”

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““As I grew into my As I grew into my twilight twilight years,years, in one last in one last

desperate attempt, I desperate attempt, I settled for changing only settled for changing only my my familyfamily, those closer to , those closer to me, but alas, they would me, but alas, they would

have none of it.”have none of it.”

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“And now as I lie on my deathbed, I

suddenly realized: If I had

only changed myself first, then

by example I would have changed my

family.”

Page 42: Prof. ed.   legal foundations of education

““From their From their inspiration and inspiration and

encouragement, I encouragement, I would then have would then have

been able to better been able to better my my country country and, who and, who

knows, I may have knows, I may have even changed the even changed the

WORLD!WORLD!.”.”

Page 43: Prof. ed.   legal foundations of education

Other Legal Other Legal

BasesBases

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R.A # 1265 and DECS Ruling # 8R.A # 1265 and DECS Ruling # 8 – – Penalize all education institutions Penalize all education institutions which do not observe the flag which do not observe the flag ceremony. Supreme Court resolution ceremony. Supreme Court resolution declares that school children cannot declares that school children cannot be compelled to salute and pledge be compelled to salute and pledge allegiance to the flag if their religious allegiance to the flag if their religious beliefs ban them from doing so.beliefs ban them from doing so.

R.A # 6728R.A # 6728 – Government assistance to – Government assistance to students and teachers in Private students and teachers in Private Education. Education.

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R.A # 7722R.A # 7722 – An act creating the Commission – An act creating the Commission on Higher Education. ( Task of overseeing on Higher Education. ( Task of overseeing

tertiary Education).tertiary Education).

DECS focus on basic education elementary and DECS focus on basic education elementary and secondary education.secondary education.

R.A # 7784R.A # 7784 – An act strengthening Teacher – An act strengthening Teacher Education in the Philippines by establishing Education in the Philippines by establishing Centers of Excellence: creating a teacher Centers of Excellence: creating a teacher education council for the appropriation of education council for the appropriation of national network with elementary schools, national network with elementary schools, high schools and/0r a part fro laboratory high schools and/0r a part fro laboratory purposes.purposes.

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R.A # 7796R.A # 7796 – Philippine Teachers – Philippine Teachers Professionalization Act of 1994.Professionalization Act of 1994.

1.) Prescribes the Licensure Examination for 1.) Prescribes the Licensure Examination for teachers (LET) to make them duly licensed teachers (LET) to make them duly licensed professionals who possess dignity and reputation professionals who possess dignity and reputation with high moral values as well as technical and with high moral values as well as technical and professional competence.professional competence.

2.) Provides that within two (2) years after January 2.) Provides that within two (2) years after January 12, 1996, no person shall teach the pre school, 12, 1996, no person shall teach the pre school, elementary, or secondary level nor in vocational elementary, or secondary level nor in vocational courses unless he is a duly registered professional courses unless he is a duly registered professional teacher.teacher.

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R.A # 8187R.A # 8187 – Paternity Leave Act of – Paternity Leave Act of 19961996

1.) Grants paternity leave of even (7) 1.) Grants paternity leave of even (7) work days with full pay to married work days with full pay to married male employees for the first four male employees for the first four deliveries of the legitimate spouse deliveries of the legitimate spouse with whom he is cohabiting.with whom he is cohabiting.

  

2.) Such leave is not cumulative and 2.) Such leave is not cumulative and strictly non-convertible to each.strictly non-convertible to each.

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R.A # 7192R.A # 7192 – An Act Promoting the – An Act Promoting the Integration of Women as Full Equal Integration of Women as Full Equal partners of Men in Development and partners of Men in Development and Nation Building and for Other Purposes.Nation Building and for Other Purposes.

  

Educational Assistance Act of 1976Educational Assistance Act of 1976 - - Study Now Pay later Plan.Study Now Pay later Plan.

PD # 176 PD # 176 – Ownership, Control and – Ownership, Control and Administration of Educational Administration of Educational Institutions.Institutions.

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R.A 578R.A 578 – Confers the status of – Confers the status of persons in authority upon teachers, persons in authority upon teachers, principals and professors.principals and professors.

DECS Order # 25 s. 1974 DECS Order # 25 s. 1974 – Bilingual – Bilingual Education PolicyEducation Policy

  

DECS order No. 52 s. 1987DECS order No. 52 s. 1987 – – mandates the use of the regional mandates the use of the regional language as an auxiliary medium of language as an auxiliary medium of instruction.instruction.

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R.A # 6655 DECS Order # 44 s. 1988R.A # 6655 DECS Order # 44 s. 1988 – – promulgated the nationalization of the promulgated the nationalization of the Public secondary School: free from Public secondary School: free from payment of tuition and other school fees.payment of tuition and other school fees.

  

R.A # 4090R.A # 4090 – provides for state – provides for state scholarships in Science, Arts and Letters scholarships in Science, Arts and Letters for the Poor but Deserving Students, for the Poor but Deserving Students, Creating a State Scholarship Council to Creating a State Scholarship Council to Integrate, Systematize., Administer and Integrate, Systematize., Administer and Implement All program of Scholarships Implement All program of Scholarships and appropriating funds thereof. and appropriating funds thereof.

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R.A # 5447R.A # 5447 – creation of a special – creation of a special education fund Act enacted 1968 (to be education fund Act enacted 1968 (to be constituted from the proceeds of an constituted from the proceeds of an additional real property tax and certain additional real property tax and certain portion of Virginia type cigarettes and portion of Virginia type cigarettes and duties on imported tobacco leaf ). duties on imported tobacco leaf ). Activities shall be limited to:Activities shall be limited to:

  

1.) organization and extension of classes1.) organization and extension of classes

2.) construction and repair of school 2.) construction and repair of school buildings ( aiding provincial, municipal, buildings ( aiding provincial, municipal, city and barrio school ).city and barrio school ).

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3.) acquisition of school sites3.) acquisition of school sites

• Local school board was created to Local school board was created to determine the annual budgetary determine the annual budgetary needs for operation and maintenance needs for operation and maintenance of public schools: to apply Bureau of of public schools: to apply Bureau of Vocational Education R.A No. 98; and Vocational Education R.A No. 98; and to authorize municipal treasurers to to authorize municipal treasurers to disburse funds approved by higher disburse funds approved by higher authorities.authorities.

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Republic Act No. 1124Republic Act No. 1124 – created 15 – created 15 members of the Board of National members of the Board of National Education and reduced the Education and reduced the membership of the Board to eight membership of the Board to eight (8). The highest policy making body (8). The highest policy making body in formulating educational policies in formulating educational policies and direction and interests.and direction and interests.

  

R.A No 6139R.A No 6139 – regulated the – regulated the sectarian schools/private schools in sectarian schools/private schools in charging higher tuition fees.charging higher tuition fees.

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R.A No 5698R.A No 5698 – Legal Education Board was – Legal Education Board was created to improve the quality of law created to improve the quality of law schools.schools.

  

R.A 7687R.A 7687 – an act instituting/establishing – an act instituting/establishing scholarship program for courses that will scholarship program for courses that will encourage the students to pursue careers encourage the students to pursue careers in science and technology. ( Science and in science and technology. ( Science and tech Scholarship Act of 1994 )tech Scholarship Act of 1994 )

R.A 7743R.A 7743 – establishment of city and – establishment of city and municipal libraries.municipal libraries.

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R.A No 7880R.A No 7880 – an act providing for the fair – an act providing for the fair and equitable allocation of the Dep’t. of and equitable allocation of the Dep’t. of ed and Culture and Sports’ Budget for ed and Culture and Sports’ Budget for capital outlay ( Fair and Equitable Access capital outlay ( Fair and Equitable Access to education Act ) providing for the to education Act ) providing for the development of its citizenry upholding development of its citizenry upholding primacy of education; fostering primacy of education; fostering patriotism and nationalism, accelerating patriotism and nationalism, accelerating social progress and promoting total social progress and promoting total human liberation/ ensuring fair and human liberation/ ensuring fair and equitable access to the infrastructure and equitable access to the infrastructure and tools necessary for quality education.tools necessary for quality education.

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R.A No 8292R.A No 8292

* Higher Education Modernization Act * Higher Education Modernization Act of 1997 establish, maintain and of 1997 establish, maintain and support a complete, adequate and support a complete, adequate and integrated system of education integrated system of education relevant to the needs of the people relevant to the needs of the people and society.and society.

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The governing board of chartered state The governing board of chartered state and universities and colleges is and universities and colleges is modified in order to : (a) a more modified in order to : (a) a more coordinated and integrated system of coordinated and integrated system of higher education (b) render them higher education (b) render them more effective in the formulation and more effective in the formulation and implementation of policies on higher implementation of policies on higher education (c) ensure the enjoyment education (c) ensure the enjoyment of academic freedom as guaranteed of academic freedom as guaranteed by the Constitution.by the Constitution.

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R.A No 8190R.A No 8190 – granting priority to – granting priority to residents of the barangay, residents of the barangay, municipality or city where the school municipality or city where the school is located, in the assignment of is located, in the assignment of classroom public school teachers as classroom public school teachers as long as they possess all the minimum long as they possess all the minimum qualifications.qualifications.

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R.A Act No. 8445R.A Act No. 8445 – amending R.A Act – amending R.A Act No. 6728 – ‘an act providing No. 6728 – ‘an act providing government assistance to students government assistance to students and teachers in private education and teachers in private education and appropriating funds’, and appropriating funds’, establishing a fund for the purpose of establishing a fund for the purpose of subsidizing salaries of private school subsidizing salaries of private school teachers and appropriating funds. – teachers and appropriating funds. – Expanded Government Expanded Government Assistance to Students and Assistance to Students and Teachers in Private Education Teachers in Private Education Act.Act.

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R.A Act 8525 R.A Act 8525 – 1998 Act – – 1998 Act – establishing ‘ Adopt – a School establishing ‘ Adopt – a School Program’, allowing private schools, Program’, allowing private schools, companies to assist/support public companies to assist/support public schools in upgrading and schools in upgrading and modernization of public schools modernization of public schools particularly those in poverty-stricken particularly those in poverty-stricken provinces.provinces.

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R.A No 8491 R.A No 8491   • prescribing the code of the national flag, prescribing the code of the national flag,

anthem, motto, coat of arms and other heraldic anthem, motto, coat of arms and other heraldic items and devices of the Philippines (Flag and items and devices of the Philippines (Flag and Heraldic Code of the Philippines)Heraldic Code of the Philippines)

• reverence and respect shall be accorded to the reverence and respect shall be accorded to the flag, anthem, and national symbols, which flag, anthem, and national symbols, which express the sovereignty and national solidarity.express the sovereignty and national solidarity.

• heraldic items and devices - should manifest heraldic items and devices - should manifest national virtues, pride in our native land, national virtues, pride in our native land, respect and affection for the national flag and respect and affection for the national flag and anthem, proper use of motto and coat of arms.anthem, proper use of motto and coat of arms.

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