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a.

b.

To teach subjects or perform school assignments effectively, observe regular attendance in his
work, and give fair and just ratings to his students on the basis of prescribed standards;
a. Article IV, Section 2, Every teacher shall uphold the highest possible standards of quality
education, shall make the best preparation for the career
b. Section 16(3) of BP 232 Render regular reports on performance of each student and
to the latter and to the latters parents and guardians with specific suggestions for
improvement
c. Article VIII, Section 1 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.
d. Article VIII, Section 3 Under no circumstances shall a teacher be prejudiced nor
discriminatory against any learner
e. Article VIII, Section 4 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
f.
Article VIII, Section 6 A teacher shall base the evaluation of the learners work on merit
and quality of academic performance
g. Basis for grades
i. Section 16 (5) of BP 232 Refrain from making deductions or additions in
students scholastic ratings for acts that are clearly not manifestations of xxx
scholarship.
ii. Sec. 144Revised MPSBE The final grade or rating given to a pupil or student in
a subject shall be based solely on his scholastic performance.xxx
iii. Deductions
1. Article VIII, Section 8 A teacher shall not make deductions from
their scholastic ratings as a punishment for acts which are clearly
not manifestations of poor scholarship
iv. Giving Passing Grade to Failing Students: Serious Misconduct
Salgarino v. St Jude Catholic School et.al. (NLRC CA No 027878-01)
v. Influencing Co faculty to Change Grade Parents: Serious Misconduct
Padilla v. NLRC, San Beda (G.R. 114764, June 13, 1997) [T]he pressure and
influence exerted by (a teacher) on his colleague to change a failing grade to
passing one xxx constitute serious misconduct xxx
To recognize and respect the rights of his school superiors, co-workers and students;
a. Discipline
b. Corporal Punishment
i. Article VIII Sec. 8 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.
ii. Art. 352. The relations between teacher and pupil,

professor and student are fixed by government


regulations and those of each school or institution. In
no case shall corporal punishment be
countenanced. The teacher or professor shall cultivate
the best potentialities of the heart and mind of the pupil
or student.
c.
d.

R.A. 7610
Sexual Harassment: Education and Training Related Sexual Harassment (Anti-Sexual
Harassment Act of 1995 R.A. 7877)
i. Essence of Sexual Harassment
1. Power Being exercised by a superior agains a subordinate (Floralde
et.al v. Ca ( 337 SCRA 371)
ii. By whom Committed:
[A] teacher, instructor, professor, coach, trainor, or any other person who, having
authority, influence or moral ascendancy over another in a xxx training or
education environment Sec. 3 R.A 7877
iii. Against whom committed
(1) Against one who is under the care, custody or supervision of the offender;
(2) Against one whose education, training, apprenticeship or tutorship is
entrusted to the offender
iv. Purpose/Effect of Sexual Favor

(3) When the sexual favor is made a condition to the giving of a passing
grade, or the granting of honors and scholarships, or the payment of a stipend,
allowance or other benefits, privileges, or consideration; or
(4) When the sexual advances result in an intimidating, hostile or offensive
environment for the student, trainee or apprentice.Sexual Favor need not be
expressly accompanied by a condition

e.

c.

v. Demand for sedxual favor NEED NOT be expressed But it is not necessary that
the demand, request or requirement of a sexual favor be articulated in a
categorical oral or written statement. It may be discerned, with equal certitude,
from the acts of the offender. (Domigo v. Rayala)
Relationship with students:
Chua Qua v. Clave 189 SCRA 117: the heart has reasons of its own which reason does
not know. Falling in love with a student is not necessarily an illicit/immoral relation.

Malto v. People of the Philippines 533 SCRA 647


Teacher pressures student t to have sexual relationship with him
f. Uttering Offensive Words against A superior: Serious Misconduct
Asia Design Manufacturing Corp. v. minister of Labor (G.R. 70552 May 12, 1986)
g. Fighting in Company Premises
Flores v. NLRC (G.R. 109362, May 15, 1996)
To teach by precepts and example in terms of excellence and personal integrity;
a. Art. III Sec 3: a teacher shall merit reasonable social recognition for which purpose he
shall behave with honor and dignity and at all times refrain from such activity as gambling,
smoking, drunkenness, and other excess, much less illicit relations.
b. Article XI, Section 2 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.
c. Article XI, Section 3 A teacher shall maintain at all times a dignified personality which
could serve as model worthy of emulation by learners, peers, and others.
d.

Joseph Santos v. NLRC, Hagonoy Institute, Inc.


[A teacher] serves as an example to his pupils, especially during their formative years.
xxx
[T]eachers must adhere to the exacting standards of morality and decency. There is no
dichotomy of morality.. xxx
A teacher both in his official and personal conduct must display exemplary behavior.

d.
e.

f.
g.
h.

. To refrain from discussing matters outside the scope of his course or discipline inside the classroom;
To broaden and update his competence through reading professional and scientific publications and
journals, and when appropriate through purposeful participation in local and national meetings, seminars,
conferences, workshops, and other similar for a;
a. 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.
b. Article IV, Section 3, 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
c. Gross inefficiency and incompetence in the performance of his duties: Ground for
termination (Section 76 MSPB)
d. It is the prerogative of schools can set high standards of efficiency for its teachers
since quality education is a mandate of the Constitution xxx security of tenure xxx
cannot be used to shield incompetence. (Pea v. NLRC 258 SCRA 65)
e.
To share his expertise toward the expansion of the frontiers of knowledge in his profession
through researches, creative writings, and active participation in professional and educational conferences;
To assist in every way feasible the school administration and his coworkers in all activities aimed at
improving and strengthening the operations and programs of the school;
To conscientiously fulfill the terms and conditions of his employment for the period of time
agreed upon and to give the school administration a reasonable time to assign his replacement when he
decides to terminate his relationship with the school;

a.
b.

c.

Art. VI, Sec. 6 A teacher who accepts a position assumes a contractual obligation to live
up to his contract, assuming full knowledge of the employment terms and conditions.
Serrano v. Gallant G.R. No. 167614 March 24, 2009: as to laws already in existence,
their provisions are read into contracts and deemed a part thereof.
Duties of a teacher towards a student under the law Article 218 and 219 of the Family
Code
Article 219 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.
Article 218 Those given the authority and responsibility under (Article 218) shall
principally and solidarily liable for damages caused by acts or omissions of the
unemancipated minor

d.
e.

Article VII, Section 2, 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
When is there custody?
[T]he student is in the custody of the school authorities as long as he is under the control
and influence of the school and within its premises, whether the semester has not yet
begun or has already ended. (Amadora v. CA G.R. No. L-47745
April 15, 1988]

i.

To avoid any professional or personal action or activity which may result in economic loss or legal
and social embarrassment of his/ school;
a. Art. VIII Sec. 4 A teacher is expected to maintain a good reputation with respect to
financial matters such as in the settlement of his just debts, loans and other financial
affairs, and shall not acceot any favors or gifts from learnes, their parents and other in
their behalf in exchange for requested concessions
b.

BP 232, Sec. 9 (9) (Education Act of 1982) - students have right to be free from
(voluntary) involuntary contributions

c.

Obtaining Loan from Students/Parents: Serious Misconduct


Medical Doctors Inc. v. NLRC 136 SCRA 1 borrowing money per se is not illegal or
immoral or criminal
Pearl S. Buck Foundation v. NLRC 182 SCRA 446 Only when loan or contribution is in
abuse of the teacher;s Special Parental Authority, or the exercise of the undue influence
through solicitation that the act of obtaining loan becomes serious misconduct.

d.

j.
k.

xxx (Department of Education) considers the act of teachers in xxx contracting loans
from parents of their students xxx not only serious misconduct but xxx violation of
students right to be free from involuntary contribution xxx. Under Secretary Eduardo
Nachura Feburary 13, 1998.

To state clearly, when giving out public statements, whether he speaks as an official representative of
his school or as an individual citizen; and
To enforce the reasonable rules, standards, and policies of his school with objectivity and to
maintain at all times good discipline among his students inside or outside the classroom.