Republic of the Philippines

Region IX , Zamboanga Peninsula

Zamboanga City State Polytechnic College
GRADUATE SCHOOL
RT Lim Boulevard, Zamboanga City

Mission: Provide effective and efficient Core Values:

Vision: ZCSPC as the leading services through advanced technological 1. Love of God and Country
provider of globally studies and researches for _the 2. Social Responsibility
competitive human resources. empowerment of the nation’s human 3. Commitment/Dedication to the service
resources. 4. Accountability

COURSE TITLE : EDUCATIONAL LEGISLATION

SUBJECT : Ed. Ad 312

PROFESSOR : DR. ROSALES

LEGAL BASES FOR TEACHERS

By: JUVELYN ENRIQUEZ - ISMAEL

Outline

 Who are Teachers ?

 Persons in Authority ?

 Security of Tenure and Separation of Teachers: Some Legal

Bases

 Magna Carta for Teachers (RA 4670)

 Code of Ethics

 RA 7836 – An act to Strengthen the regulation and

Supervision of the Practice of Teaching in The Philippines.

 RA 9293 – The Philippine Teachers Professionalization Act of

1994
 Teachers as Persons in Authority

Who are teachers?

Republic Act No. 4670 June 18, 1966

THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS

Sec. 2 Teachers" and shall apply to all public school teachers except those in the

professorial staff of state colleges and universities. As used in this Act, the term

"teacher" shall mean all persons engaged in classroom teaching, in any level of

instruction, on full-time basis, including guidance counselors, school librarians,

industrial arts or vocational instructors, and all other persons performing supervisory

and/or administrative functions in all schools, colleges and universities operated by

the Government or its political subdivisions; but shall not include school nurses,

school physicians, school dentists, and other school employees.

Presidential Decree No. 1006- promulgated on September 22, 1976 and made

effective on January 1, 1972.

According to this decree, teaching refers to the profession primarily concerned with

the classroom instruction at the elementary and secondary levels in both public and

private schools. The term teacher refers to all persons engaged in teaching, including

guidance counselor, school librarians, industrial arts/vocational teachers and all other

person performing supervisory and administrative functions. A professional teacher is

one who has “a permanent appointment under the Magna Carta for Public Scholl

Teachers and all others who may qualify for registration.”

Who is a person in Authority?

Commonwealth Act No. 578, June 8, 1940

This confers the status of persons in authority upon supervisor, principals, teachers,

and professors of public or private school. This act also provides penalty to any

person found guilty of assault upon these teaching personnel imprisonment ranging

from 6 months and I day to 6 years and a fine of 500 to 1000 pesos.

Batas Pambansa Blg. 232, “Education Act of 1982”,

September 11, 2982

Sec. 11, Par. 3. Teachers shall be deemed persons in authority when in the discharge

of lawful duties and responsibilities, and shall, therefore, be accorded due respect and

protection.

Article 152. Persons in Authority and agents of persons in authority

Any person directly vested with jurisdiction, whether as an individual or as member

of some court or governmental corporation, board, or commission, shall be deemed a

person in authority. A Barangay captain and a Barangay chairman shall also be

deemed a person in authority.

Any person who, by direct provision of aw or by election or by appointment by

competent authority, is charged with the maintenance of public order and the

protection and security of life and property, such as barrio councilman and Barangay

leader, and any person who comes to the aid of a person in authority, shall be deemed

an agent of a person in authority.

In applying the provisions of Articles 148 and 151 of this code, teachers, professors

and persons charged with the supervision of public or duly recognized private

schools, colleges and universities, and lawyers in the actual performance of their

professional duties or on the occasion of such performance shall be deemed persons in

authority. (As amended by B.P. Blg.873, approved June 12, 1985). The Revised Penal

Code, 17th Edition. Luis B. Reyes 2008, Rex Book Store Inc. Manila, Philippines

CHAPTER 6 of the New Civil Code, Book I, Persons Substitute parental authority

Art. 349.

The following persons shall exercise substitute parental authority:

(1) Guardians;

(2) Teachers and professors;

(3) Heads of children's homes, orphanages, and similar institutions;

(4) Directors of trade establishments, with regard to apprentices;

(5) Grandparents;

(6) The oldest brother or sister.

Art. 350. The persons named in the preceding article shall exercise reasonable

supervision over the conduct of the child.

Art. 351. A general guardian or a guardian over the person shall have the same

authority over the ward's person as the parents. With regard to the child's property, the

Rules of Court on guardianship shall govern.

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.

Liability

Book Two, Civil Code- Obligations and Contracts QUASI-DELICTS

Art. 2176. Whoever by act or omission causes damage to another, there being fault or

negligence, is obliged to pay for the damage done. Such fault or negligence, if there is

no pre-existing contractual relation between the parties, is called a quasi-delict and is

governed by the provisions of this Chapter. (1902a)

Art. 2180. The obligation imposed by Article 2176 is demandable not only for one's

own acts or omissions, but also for those of persons for whom one is responsible.

The father and, in case of his death or incapacity, the mother, are responsible for the

damages caused by the minor children who live in their company.

Guardians are liable for damages caused by the minors or incapacitated persons who

are under their authority and live in their company.

The owners and managers of an establishment or enterprise are likewise responsible

for damages caused by their employees in the service of the branches in which the

latter are employed or on the occasion of their functions.

Employers shall be liable for the damages caused by their employees and household

helpers acting within the scope of their assigned tasks, even though the former are not

engaged in any business or industry.

The State is responsible in like manner when it acts through a special agent; but not

when the damage has been caused by the official to whom the task done properly

pertains, in which case what is provided in Article 2176 shall be applicable.

Lastly, teachers or heads of establishments of arts and trades shall be liable for

damages caused by their pupils and students or apprentices, so long as they remain in

their custody.

The responsibility treated of in this article shall cease when the persons herein

mentioned prove that they observed all the diligence of a good father of a family to

prevent damage. (1903a)

Family Code of the Philippines

Art. 218. The school, its administrators and teachers, or the individual, entity or

institution 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, entity or institution. (349a)

Art. 219. Those given the authority and responsibility under the preceding Article

shall be principally and solidarily liable for damages caused by the acts or omissions

of the unemancipated minor. The parents, judicial guardians or the persons exercising

substitute parental authority over said minor shall be subsidiarily liable.

The respective liabilities of those referred to in the preceding paragraph shall not

apply if it is proved that they exercised the proper diligence required under the

particular circumstances.

All other cases not covered by this and the preceding articles shall be governed by the

provisions of the Civil Code on quasi-delicts.

SOME RELATED DECIDED CASES

Attacking a teacher who had inflicted corporal punishment on a pupil is direct

assault.

The corporal punishment (for instance, slightly slapping) inflicted by the offended

party upon her pupil does not in any way strip the teacher of her being a person in

authority. A teacher in public elementary school has authority to inflict corporal

punishment on a pupil if no bodily harm is cause and the punishment inflicted is

moderate , is not dictated by any bad motive, is such as usual in school, and such as

the parent of the child might expect that the child would receive if he did wrong. Such

authority which is inherent to the position of a teacher, especially in grade schools is

complement of the old adage-“spare the rod and spoil the child.” (People vs. Javier,

C.A. G.R.No.6203, Oct 28, 1940; People vs. Padua C.A., 49 O.G 156)

Reasons why teachers and professors are protected in Arts.148 and 151

The spirit and purpose behind Commonwealth Act No. 578 is to give teachers

protection, dignity and respect while in the performance of their official duties. This

protection extends not only against pupils or relatives of pupils, but against all persons

who knowingly attack a teacher while engaged in the performance of his official
duties. Respect for a teacher is required of all persons, whether pupils, parents, or

otherwise, if we are to uphold and enhance the dignity of the teaching profession

which the law similarly enjoins upon all persons for the sake of the pupils and the

profession itself. (People vs. Ceprioso, C.A., 52 O.G. 2609)

Exconde vs Capuno 101 Phil 843 Torts and Damages - Liability of Parents

Facts: Dante Capuno was a 15 year old boy who was a pupil of Balintawak

Elementary School. In March 1949, he attended a Boy Scout parade for Dr. Jose

Rizal. While they were inside a jeep, he took control of the wheels which he later lost

control of causing the jeep to go turtle thereby killing two other students, Isidoro

Caperina and one other. Isidoro’s mother sued Dante Capuno for the death of her son.

Pending the criminal action, the mother reserved her right to file a separate civil

action which she subsequently filed against Dante and his dad, Delfin Capuno.

ISSUE: Whether or not Delfin Capuno, as the father of Dante is liable for damages.

HELD: Yes. The civil liability which the law imposes upon the father, and, in case of

his death or incapacity, the mother, for any damages that may be caused by the minor

children who live with them, is obvious. This is necessary consequence of the parental

authority they exercise over them which imposes upon the parents the "duty of

supporting them, keeping them in their company, educating them and instructing them

in proportion to their means", while, on the other hand, gives them the "right to

correct and punish them in moderation". The only way by which they can relieve

themselves of this liability is if they prove that they exercised all the diligence of a

good father of a family to prevent the damage which Delfin failed to prove. On the

other hand, the school is not liable. It is true that under the law, "teachers or directors

of arts and trades are liable for any damages caused by their pupils or apprentices
while they are under their custody", but this provision only applies to an institution of

arts and trades and not to any academic educational institution.

Palisoc vs Brillantes et al 41 SCRA 548 Torts and Damages – Liability of

teachers/heads of establishments of arts and trades

Facts: In March 1966, while Dominador Palisoc (16 years old) was watching Virgilio

Daffon and Desiderio Cruz work on a machine in their laboratory class in the Manila

Technical Institute (a school of arts and trades), Daffon scolded Palisoc for just

standing around like a foreman. This caused Palisoc to slightly slap the face of Daffon

and a fistfight ensued between the two. Daffon delivered blows that eventually killed

Palisoc. The parents of Palisoc sued Daffon, the school president (Teodosio

Valenton), the instructor (Santiago Quibulue), and the owner (Antonio Brillantes).

The basis of the suit against Valenton, Quibulue, and Brillantes was Article 2180 of

the Civil Code.

The lower court, as well as the CA, ruled that only Daffon is liable for damages and

that Valenton, Quibulue, and Brillantes are not liable because under Article 2180,

they are only liable “so

long as they [the students] remain in their custody.” And that this means, as per

Mercado vs Court of Appeals, that teachers or heads of establishments are only liable

for the tortious acts of their students if the students are living and boarding with the

teacher or other officials of the school – which Daffon was not.

ISSUE: Whether or not the ruling in the Mercado Case still applies.

HELD: No. The SC abandoned the ruling in the Mercado Case as well as the ruling

in the Exconde Case as they adopted Justice JBL Reyes’ dissenting opinion in the
latter case. Valenton and Quibulue as president and teacher-in-charge of the school

must be held jointly and severally liable for the quasi-delict of Daffon. The

unfortunate death resulting from the fight between the students could have been

avoided, had said defendants but complied with their duty of providing adequate

supervision over the activities of the students in the school premises to protect their

students from harm, whether at the hands of fellow students or other parties. At any

rate, the law holds them liable unless they relieve themselves of such liability, in

compliance with the last paragraph of Article 2180, Civil Code, by "(proving) that

they observed all the diligence of a good father of a family to prevent damage." In the

light of the factual findings of the lower court's decision, said defendants failed to

prove such exemption from liability. The SC reiterated that there is nothing in the law

which prescribes that a student must be living and boarding with his teacher or in the

school before heads and teachers of the school may be held liable for the tortious acts

of their students.

SEPARATION OF TEACHERS : Some Legal Bases

Nemo Tenetur ad imposiblia

“ No one is bound to do things that are impossible “

 Knowing the grounds for ismissal of teachers is of paramount

importance for everyone engaged in the business of education .

The Law of Dismisssal

 The law of dismissal was first introduced under the code of

Commerece of the Philippines during the Spanish period . It was then

popularly known as the “ Mesada” ( Article 302 , Code of Commerce ).

 This law regulate the dismissal of employees under which the

employer is merely required to give an advance notice of one month to

the employees to be dismmised or in lieu , thereof , a separation of one

month.

 This basic concept of Mesada was re-embodied in subsequent laws

enacted by the congress of the Philippines .

Other Laws on Dismissal

 RA 1052 , known as the Termination Pay law enacted in June 1954.

 RA 1787 on June 21 , 1957 subsequently amended it . The basic

principle of extending pay to the employees remained unchanged until

the enactment of Presidential Decree no. 442 , known as the Labor

Code of the Philippines .

 Serious Physical injury caused by the teacher is another ground for

his or her dismissal

 Permanent Teacher shall be given appointment with permanent status -

no teacher will be suspended or terminated from the service during the

pendency of his contract or appointment except for cause and after due

process.

 On this point, the 1987 Philippine Constitution mandated the State to afford

protection to labor, promote full employment and equality in employment,

 ensure equal work opportunities regardless of sex, race, or creed, and regulate

the relation between workers and employees.

 It further required the state to assure the rights of employees to self-

organization, collective bargaining, security of tenure, just and human

condition of work, and the institution of machinery for the settlement of

dispute through compulsory arbitration.

 These laws, which have something to do with security of tenure, were enacted

in different epochs, scenarios, time, and conditions,

 The situation obtaining at the time of the enactment of the Labor Code of

presidential decree No. 442, buy then President Marcos was totally different

from the present situation we are in now and from the situation prior to Martial

Law Times.

 The employees and the lawmakers realised the one-sidedness of the Mesada as

well as the Termination Pay Law.

 Thus, the Labor Code abolished the concept of the almost absolute power of

the employer to terminate the employee –employer relationship by merely

paying the separation pay.

 All teachers, instructors, and professors, as well as school administrators must

be aware that the Law on Dismissal compromises two parts:

substantive

procedural aspects.
 Book VI of the Labor Code popularly known as Post Employment.

 Employer is also authorized to terminate the employee-employer relationship

by merely paying the separation pay.

 the reduction of personnel by reason of redundancy, retrenchment, installation

of Labor saving devices.

 Illness and other similar causes.

Causes for Disciplinary Action and /or Dismissal

 The closing of cessation of operation of the establishment or enterprise.

 Serious misconduct or wilful disobedience.

 Gross and habitual neglect by the employee of his duty

 Fraud or wilful breach by the employee of the trust reposed in him or by his

employer or representative.

 Commission of a crime or offense by the employee against the person of his

employer or any immediate member of his family or representative.

 Other analogous to the foregoing.

 Termination cases are those commenced by complaints for unjust dismissal or

application for clearance to dismiss or to shutdown an establishment,

including issues of preventive suspension.

The essential content of an application for clearance for termination are:

a) the just cause for dismissal or shutdown relied upon by the employer;

b) the facts which provide the ground for such just cause;
 c) a statement whether the employee has been or will be placed under

preventive suspension and the facts justifying the suspension;

d) proof that the copy of the application has been served upon the employee

concerned. ( No. 9, policy of Ins. No. 4, sec. of Labor ).

 To effect the termination, it is necessary to file a petition for clearance to

terminate in the regional office in the Department of Labor and Employment

where the school, college and university is located.

 After the application is filed, the employee to be dismissed may file as

opposition within ten days from receipt of the application.

 If the employer may affect the shutdown or termination, except when the

Regional Director Moto Propio denies the application.

As a general rule, the regional Director shall deny the application for clearance:

1) if there is a showing of unfair labor practice in connection with the proposed

shutdown or dismissal:

2) when the alleged ground cited is not one of the causes just provided for the law;

3) where the projected shutdown will seriously affect public interest. (Rule XIV,

implementing Rules and Regulations, LCP).

IMPLICATION :

This law is anchored on the philosophy that stabilized industrial peace that promote

permanency or continuity of employment based on the concept of social justice. It is

indubitable that the efficient, the honest, the productive, and the obedient employees

should be awarded and protected under the law.

TEACHERS AND THEIR SECURITY OF TENURE : Some Legal Bases

 The phrase security of Tenure is a constitution guarantee. The 1987

Philippine Constitution , Article IX ,B. The Civil Service Commission ,

Sec. 2 , sub section 3 states : No officer or employee of the civil service

shall be removed or suspended except for cause provided by law .

 Sub-section 6 also provides : Temporary Employee of the Government

shall be given such protection as may be provided by law.

THE ESSENCE OF SECURITY OF TENURE

 Professor Vicente G. Sinco in his book Philippine Political Law , has

stated : “ Nothing can be more demoralizing to a group of civil

servants than the fear that they might be removed from their posts

anytime at the pleasure of their superiors.”

 Thus , it is essentially true that a demoralized force is an inefficient

force.

 Security of tenure is a condition sine qua non ( condition that is

indispensable ) for obtaining efficiency and effectiveness in the Civil

Service

 Security tenure is not only mean that the employee is protected by

illegal dismissal . It is also guarantees the employees against

unwarranted transfers made without their consent .

 REPUBLIC ACT NO. 4670 June 18, 1966

THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS

I. DECLARATION OF POLICY COVERAGE

Sec. 1. Declaration of Policy. It is hereby declared to be the policy of this Act to

promote and improve the social and economic status of public school teachers, their

living and working conditions, their terms of employment and career prospects in

order that they may compare favorably with existing opportunities in other walks of

life, attract and retain in the teaching profession more people with the proper

qualifications, it being recognized that advance in education depends on the

qualifications and ability of the teaching staff and that education is an essential factor

in the economic growth of the nation as a productive investment of vital importance.

Sec. 2. Title Definition. This Act shall be known as the "Magna Carta for Public

School Teachers" and shall apply to all public school teachers except those in the

professorial staff of state colleges and universities.

As used in this Act, the term "teacher" shall mean all persons engaged in classroom

teaching, in any level of instruction, on full-time basis, including guidance counselors,

school librarians, industrial arts or vocational instructors, and all other persons

performing supervisory and/or administrative functions in all schools, colleges and

universities operated by the Government or its political subdivisions; but shall not

include school nurses, school physicians, school dentists, and other school employees.

II. RECRUITMENT AND CAREER

Sec. 3. Recruitment and Qualification. Recruitment policy with respect to the

selection and appointment of teachers shall be clearly defined by the Department of

Education: Provided, however, That effective upon the approval of this Act, the

following shall constitute the minimum educational qualifications for teacher-

applicants:

(a) For teachers in the kindergarten and elementary grades, Bachelor's degree in

Elementary Education (B.S.E.ED.);

(b) For teachers of the secondary schools, Bachelor's degree in Education or its

equivalent with a major and a minor; or a Bachelor's degree in Arts or Science with at

least eighteen professional units in Education.

(c) For teachers of secondary vocational and two years technical courses, Bachelor's

degree in the field of specialization with at least eighteen professional units in

education;

(d) For teachers of courses on the collegiate level, other than vocational, master's

degree with a specific area of specialization;

Provided, further, That in the absence of applicants who possess the minimum

educational qualifications as hereinabove provided, the school superintendent may

appoint, under a

temporary status, applicants who do not meet the minimum qualifications: Provided,

further, That should teacher-applicants, whether they possess the minimum

educational qualifications or not, be required to take competitive examinations,

preference in making appointments shall be in the order of their respective ranks in

said competitive examinations: And provided, finally, That the results of the

examinations shall be made public and every applicant shall be furnished with his

score and rank in said examinations.

Sec. 4. Probationary Period. When recruitment takes place after adequate training

and professional preparation in any school recognized by the Government, no

probationary period preceding regular appointment shall be imposed if the teacher

possesses the appropriate civil service eligibility: Provided, however, That where, due

to the exigencies of the service, it is necessary to employ as teacher a person who

possesses the minimum educational qualifications herein above set forth but lacks the

appropriate civil service eligibility, such person shall be appointed on a provisional

status and shall undergo a period of probation for not less than one year from and after

the date of his provisional appointment.

Sec. 5. Tenure of Office. Stability on employment and security of tenure shall be

assured the teachers as provided under existing laws.

Subject to the provisions of Section three hereof, teachers appointed on a provisional

status for lack of necessary civil service eligibility shall be extended permanent

appointment for the position he is holding after having rendered at least ten years of

continuous, efficient and faithful service in such position.

Sec. 6. Consent for Transfer Transportation Expenses. Except for cause and as

herein otherwise provided, no teacher shall be transferred without his consent from

one station to another.

Where the exigencies of the service require the transfer of a teacher from one station

to another, such transfer may be effected by the school superintendent who shall

previously notify the teacher concerned of the transfer and the reason or reasons

therefor. If the teacher believes there is no justification for the transfer, he may appeal
his case to the Director of Public Schools or the Director of Vocational Education, as

the case may be. Pending his appeal and the decision thereon, his transfer shall be

held in abeyance: Provided, however, That no transfers whatever shall be made three

months before any local or national election.

Necessary transfer expenses of the teacher and his family shall be paid for by the

Government if his transfer is finally approved.

Sec. 7. Code of Professional Conduct for Teachers. Within six months from the

approval of this Act, the Secretary of Education shall formulate and prepare a Code of

Professional Conduct for Public School Teachers. A copy of the Code shall be

furnished each teacher: Provided, however, That where this is not possible by reason

of inadequate fiscal resources of the Department of Education, at least three copies of

the same Code shall be deposited with the office of the school principal or head

teacher where they may be accessible for use by the teachers.

Sec. 8. Safeguards in Disciplinary Procedure. Every teacher shall enjoy equitable

safeguards at each stage of any disciplinary procedure and shall have:

a. the right to be informed, in writing, of the charges;

b. the right to full access to the evidence in the case;

c. the right to defend himself and to be defended by a representative of his choice

and/or by his organization, adequate time being given to the teacher for the

preparation of his defense; and

d. the right to appeal to clearly designated authorities.

No publicity shall be given to any disciplinary action being taken against a teacher

during the pendency of his case.

Sec. 9. Administrative Charges. Administrative charges against a teacher shall be

heard initially by a committee composed of the corresponding School Superintendent

of the Division or a duly authorized representative who should at least have the rank

of a division supervisor, where the teacher belongs, as chairman, a representative of

the local or, in its absence, any existing provincial or national teacher's organization

and a supervisor of the Division, the last two to be designated by the Director of

Public Schools. The committee shall submit its findings and recommendations to the

Director of Public Schools within thirty days from the termination of the hearings:

Provided, however, That where the school superintendent is the complainant or an

interested party, all the members of the committee shall be appointed by the Secretary

of Education.

Sec. 10. No Discrimination. There shall be no discrimination whatsoever in entrance

to the teaching profession, or during its exercise, or in the termination of services,

based on other than professional consideration.

Sec. 11. Married Teachers. Whenever possible, the proper authorities shall take all

steps to enable married couples, both of whom are public school teachers, to be

employed in the same locality.

Sec. 12. Academic Freedom. Teachers shall enjoy academic freedom in the discharge

of their professional duties, particularly with regard to teaching and classroom

methods.

III. HOURS OF WORK AND REMUNERATION

Sec. 13. Teaching Hours. Any teacher engaged in actual classroom instruction shall

not be required to render more than six hours of actual classroom teaching a day,

which shall be so scheduled as to give him time for the preparation and correction of

exercises and other work incidental to his normal teaching duties: Provided, however,

That where the exigencies of the service so require, any teacher may be required to

render more than six hours but not exceeding eight hours of actual classroom teaching

a day upon payment of additional

compensation at the same rate as his regular remuneration plus at least twenty-five per

cent of his basic pay.

Sec. 14. Additional Compensation. Notwithstanding any provision of existing law to

the contrary, co-curricula and out of school activities and any other activities outside

of what is defined as normal duties of any teacher shall be paid an additional

compensation of at least twenty-five per cent of his regular remuneration after the

teacher has completed at least six hours of actual classroom teaching a day.

In the case of other teachers or school officials not engaged in actual classroom

instruction, any work performed in excess of eight hours a day shall be paid an

additional compensation of at least twenty-five per cent of their regular remuneration.

The agencies utilizing the services of teachers shall pay the additional compensation

required under this section. Education authorities shall refuse to allow the rendition of

services of teachers for other government agencies without the assurance that the

teachers shall be paid the remuneration provided for under this section.
Sec. 15. Criteria for Salaries. Teacher's salaries shall correspond to the following

criteria:

(a) they shall compare favorably with those paid in other occupations requiring

equivalent or similar qualifications, training and abilities;

(b) they shall be such as to insure teachers a reasonable standard of life for themselves

and their families; and

(c) they shall be properly graded so as to recognize the fact that certain positions

require higher qualifications and greater responsibility than others: Provided,

however, That the general salary scale shall be such that the relation between the

lowest and highest salaries paid in the profession will be of reasonable order.

Narrowing of the salary scale shall be achieved by raising the lower end of the salary

scales relative to the upper end.

Sec. 16. Salary Scale. Salary scales of teachers shall provide for a gradual progression

from a minimum to a maximum salary by means of regular increments, granted

automatically after three years: Provided, That the efficiency rating of the teacher

concerned is at least satisfactory. The progression from the minimum to the maximum

of the salary scale shall not extend over a period of ten years.

Sec. 17. Equality in Salary Scales. The salary scales of teachers whose salaries are

appropriated by a city, municipal, municipal district, or provincial government, shall

not be less than those provided for teachers of the National Government.

Sec. 18. Cost of Living Allowance. Teacher's salaries shall, at the very least, keep

pace with the rise in the cost of living by the payment of a cost-of-living allowance

which shall automatically follow changes in a cost-of-living index. The Secretary of

Education shall, in consultation with the proper government entities, recommend to

Congress, at least annually, the appropriation of the necessary funds for the cost-of-

living allowances of teachers employed by the National Government. The

determination of the cost-of-living allowances by

the Secretary of Education shall, upon approval of the President of the Philippines, be

binding on the city, municipal or provincial government, for the purposes of

calculating the cost-ofliving allowances of teachers under its employ.

Sec. 19. Special Hardship Allowances. In areas in which teachers are exposed to

hardship such as difficulty in commuting to the place of work or other hazards

peculiar to the place of employment, as determined by the Secretary of Education,

they shall be compensated special hardship allowances equivalent to at least twenty-

five per cent of their monthly salary.

Sec. 20. Salaries to be Paid in Legal Tender. Salaries of teachers shall be paid in

legal tender of the Philippines or its equivalent in checks or treasury warrants.

Provided, however, That such checks or treasury warrants shall be cashable in any

national, provincial, city or municipal treasurer's office or any banking institutions

operating under the laws of the Republic of the Philippines.

Sec. 21. Deductions Prohibited. No person shall make any deduction whatsoever

from the salaries of teachers except under specific authority of law authorizing such

deductions: Provided, however, That upon written authority executed by the teacher

concerned, (1) lawful dues and fees owing to the Philippine Public School Teachers

Association, and (2) premiums properly due on insurance policies, shall be considered

deductible.
 IV. HEALTH MEASURES AND INJURY BENEFITS

Sec. 22. Medical Examination and Treatment. Compulsory medical examination

shall be provided free of charge for all teachers before they take up teaching, and shall

be repeated not less than once a year during the teacher's professional life. Where

medical examination show that medical treatment and/or hospitalization is necessary,

same shall be provided free by the government entity paying the salary of the

teachers.

In regions where there is scarcity of medical facilities, teachers may obtain elsewhere

the necessary medical care with the right to be reimbursed for their traveling expenses

by the government entity concerned in the first paragraph of this Section.

Sec. 23. Compensation For Injuries. Teachers shall be protected against the

consequences of employment injuries in accordance with existing laws. The effects of

the physical and nervous strain on the teacher's health shall be recognized as a

compensable occupational disease in accordance with existing laws.

V. LEAVE AND RETIREMENT BENEFITS

Sec. 24. Study Leave. In addition to the leave privileges now enjoyed by teachers in

the public schools, they shall be entitled to study leave not exceeding one school year

after seven years of service. Such leave shall be granted in accordance with a schedule

set by the Department of Education. During the period of such leave, the teachers

shall be entitled to at least sixty per cent of their monthly salary: Provided, however,
That no teacher shall be allowed to accumulate more than one year study leave, unless

he needs an additional semester to finish his thesis for a graduate study in education

or allied courses: Provided,

further, That no compensation shall be due the teacher after the first year of such

leave. In all cases, the study leave period shall be counted for seniority and pension

purposes.

The compensation allowed for one year study leave as herein provided shall be

subject to the condition that the teacher takes the regular study load and passes at least

seventy-five per cent of his courses. Study leave of more than one year may be

permitted by the Secretary of Education but without compensation.

Sec. 25. Indefinite Leave. An indefinite sick leave of absence shall be granted to

teachers when the nature of the illness demands a long treatment that will exceed one

year at the least.

Sec. 26. Salary Increase upon Retirement. Public school teachers having fulfilled the

age and service requirements of the applicable retirement laws shall be given one

range salary raise upon retirement, which shall be the basis of the computation of the

lump sum of the retirement pay and the monthly benefits thereafter.

VI. TEACHER'S ORGANIZATION

Sec. 27. Freedom to Organize. Public school teachers shall have the right to freely

and without previous authorization both to establish and to join organizations of their

choosing, whether local or national to further and defend their interests.

Sec. 28. Discrimination Against Teachers Prohibited. The rights established in the

immediately preceding Section shall be exercised without any interference or

coercion. It shall be unlawful for any person to commit any acts of discrimination

against teachers which are calculated to

(a) make the employment of a teacher subject to the condition that he shall not join

an organization, or shall relinquish membership in an organization,

(b) to cause the dismissal of or otherwise prejudice a teacher by reason of his

membership in an organization or because of participation in organization activities

outside school hours, or with the consent of the proper school authorities, within

school hours, and

(c) to prevent him from carrying out the duties laid upon him by his position in the

organization, or to penalize him for an action undertaken in that capacity.

Sec. 29. National Teacher's Organizations. National teachers' organizations shall be

consulted in the formulation of national educational policies and professional

standards, and in the formulation of national policies governing the social security of

the teachers.

VII. ADMINISTRATION AND ENFORCEMENT

Sec. 30. Rules and Regulations. The Secretary of Education shall formulate and

prepare the necessary rules and regulations to implement the provisions of this Act.

Rules and regulations issued pursuant to this Section shall take effect thirty days after

publication in a newspaper of general circulation and by such other means as the

Secretary of Education deems reasonably sufficient to give interested parties general

notice of such issuance.

Sec. 31. Budgetary Estimates. The Secretary of Education shall submit to Congress

annually the necessary budgetary estimates to implement the provisions of the Act

concerning the benefits herein granted to public school teachers under the employ of

the National Government.

Sec. 32. Penal Provision. A person who shall willfully interfere with, restrain or

coerce any teacher in the exercise of his rights guaranteed by this Act or who shall in

any other manner commit any act to defeat any of the provisions of this Act shall,

upon conviction, be punished by a fine of not less than one hundred pesos nor more

than one thousand pesos, or by imprisonment, in the discretion of the court.

If the offender is a public official, the court shall order his dismissal from the

Government service.

Sec. 33. Repealing Clause. All Acts or parts of Acts, executive orders and their

implementing rules inconsistent with the provisions of this Act are hereby repealed,

amended or modified accordingly.

Sec. 34. Separability Clause. If any provision of this Act is declared invalid, the

remainder of this Act or any provisions not affected thereby shall remain in force and

in effect.

CODE OF ETHICS FOR PROFESSIONAL TEACHERS

Pursuant to the provisions of paragraph (e), Article 11, of R.A. No. 7836, otherwise

known as the Philippine Teachers Professionalization Act of 1994 and paragraph (a),

section 6, P.D. No. 223, as amended, the Board for Professional Teachers hereby

adopt the Code of Ethics for Professional Teachers.

Preamble

Teachers are duly licensed professionals who possesses dignity and reputation with

high moral values as well as technical and professional competence in the practice of

their noble profession, and they strictly adhere to, observe, and practice this set of

ethical and moral principles, standards, and values.

Article I: Scope and Limitations

Section 1. The Philippine Constitution provides that all educational institution shall

offer quality education for all competent teachers. Committed to its full realization,

the provision of this Code shall apply, therefore, to all teachers in schools in the

Philippines.

Section 2. This Code covers all public and private school teachers in all educational

institutions at the preschool, primary, elementary, and secondary levels whether

academic, vocational, special, technical, or non-formal. The term “teacher” shall

include industrial arts or vocational teachers and all other persons performing

supervisory and /or administrative functions in all school at the aforesaid levels,

whether on full time or part-time basis.

Article II: The Teacher and the State

Section 1.

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 nation and is under obligation to

transmit to learners such heritage as well as to elevate national morality, promote

national pride, cultivate love of country, instill allegiance to the constitution and for

all duly constituted authorities, and promote obedience to the laws of the state.

Section 2. Every teacher or school official shall actively help carry out the declared

policies of the state, and shall take an oath to this effect.

Section 3. 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.

Section 4. Every teacher shall possess and actualize a full commitment and devotion

to duty.

Section 5. A teacher shall not engage in the promotion of any political, religious, or

other partisan interest, and shall not, directly or indirectly, solicit, require, collect, or
receive any money or service or other valuable material from any person or entity for

such purposes.

Section 6. Every teacher shall vote and shall exercise all other constitutional rights

and responsibility.

Section 7. A teacher shall not use his position or official authority or influence to

coerce any other person to follow any political course of action.

Section 8. Every teacher shall enjoy academic freedom and shall have privilege of

expounding the product of his researches and investigations; provided that, if the

results are inimical to the declared policies of the State, they shall be brought to the

proper authorities for appropriate remedial action.

Article III: The Teacher and the Community

Section 1. A teacher is a facilitator of learning and of the development of the youth;

he shall, therefore, render the best service by providing an environment conducive to

such learning and growth.

Section 2. Every teacher shall provide leadership and initiative to actively participate

in community movements for moral, social, educational, economic and civic

betterment.

Section 3. 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.
Section 4. Every teacher shall live for and with the community and shall, therefore,

study and understand local customs and traditions in order to have sympathetic

attitude, therefore, refrain from disparaging the community.

Section 5. Every teacher shall help the school keep the people in the community

informed about the school’s work and accomplishments as well as its needs and

problems.

Section 6. Every teacher is intellectual leader in the community, especially in the

barangay, and shall welcome the opportunity to provide such leadership when needed,

to extend counseling services, as appropriate, and to actively be involved in matters

affecting the welfare of the people.

Section 7. Every teacher shall maintain harmonious and pleasant personal and

official relations with other professionals, with government officials, and with the

people, individually or collectively. Section 8. A teacher posses freedom to attend

church and worships as appropriate, but shall not use his positions and influence to

proselyte others.

Article IV: A Teacher and the Profession

Section 1. Every teacher shall actively insure that teaching is the noblest profession,

and shall manifest genuine enthusiasm and pride in teaching as a noble calling.
Section 2. Every teacher shall uphold the highest possible standards of quality

education, shall make the best preparations for the career of teaching, and shall be at

his best at all times and in the practice of his profession.

Section 3. Every teacher shall participate in the Continuing Professional Education

(CPE) program of the Professional Regulation Commission, and shall pursue such

other studies as will improve his efficiency, enhance the prestige of the profession,

and strengthen his competence, virtues, and productivity in order to be nationally and

internationally competitive.

Section 4. Every teacher shall help, if duly authorized, to seek support from the

school, but shall not make improper misrepresentations through personal

advertisements and other questionable means.

Section 5. Every teacher shall use the teaching profession in a manner that makes it

dignified means for earning a descent living.

Article V: The Teachers and the Profession

Section 1. Teachers shall, at all times, 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. When the best interest of the learners, the

school, or the profession is at stake in any controversy, teachers shall support one

another.
Section 2. A teacher is not entitled to claim credit or work not of his own, and shall

give due credit for the work of others which he may use.

Section 3. Before leaving his position, a teacher shall organize for whoever assumes

the position such records and other data as are necessary to carry on the work.

Section 4. A teacher shall hold inviolate all confidential information concerning

associates and the school, and shall not divulge to anyone documents which has not

been officially released, or remove records from files without permission.

Section 5. It shall be the responsibility of every teacher to seek correctives for what

may appear to be an unprofessional and unethical conduct of any associate. However,

this may be done only if there is incontrovertible evidence for such conduct.

Section 6. A teacher may submit to the proper authorities any justifiable criticism

against an associate, preferably in writing, without violating the right of the individual

concerned.

Section 7. A teacher 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; provided, further, that all qualified candidates are given the opportunity

to be considered.
 Article VI: The Teacher and Higher Authorities in the Profession

Section 1. Every teacher shall make it his duty to make an honest effort to understand

and support the legitimate policies of the school and the administration regardless of

personal feeling or private opinion and shall faithfully carry them out.

Section 2. A teacher shall not make any false accusations or charges against superiors,

especially under anonymity. However, if there are valid charges, he should present

such under oath to competent authority.

Section 3. A teacher shall transact all official business through channels except when

special conditions warrant a different procedure, such as when special conditions are

advocated but are opposed by immediate superiors, in which case, the teacher shall

appeal directly to the appropriate higher authority.

Section 4. Every teacher, individually or as part of a group, has a right to seek redress

against injustice to the administration and to extent possible, shall raise grievances

within acceptable democratic possesses. In doing so, they shall avoid jeopardizing the

interest and the welfare of learners whose right to learn must be respected.

Section 5. Every teacher has a right to invoke the principle that appointments,

promotions, and transfer of teachers are made only on the basis of merit and needed in

the interest of the service.

Section 6. A teacher who accepts a position assumes a contractual obligation to live

up to his contract, assuming full knowledge of employment terms and conditions.

Article VII: School Officials, Teachers, and Other Personnel

Section 1. All school officials shall at all times show professional courtesy,

helpfulness and sympathy towards teachers and other personnel, such practices being

standards of effective school supervision, dignified administration, responsible

leadership and enlightened directions.

Section 2. School officials, teachers, and other school personnel shall consider it their

cooperative responsibility to formulate policies or introduce important changes in the

system at all levels.

Section 3. School officials shall encourage and attend the professional growth of all

teachers under them such as recommending them for promotion, giving them due

recognition for meritorious performance, and allowing them to participate in

conferences in training programs.

Section 4. No school officials shall dismiss or recommend for dismissal a teacher or

other subordinates except for cause. Section 5. School authorities concern shall ensure

that public school teachers are employed in accordance with pertinent civil service

rules, and private school teachers are issued contracts specifying the terms and

conditions of their work; provided that they are given, if qualified, subsequent

permanent tenure, in accordance with existing laws.

 Article VIII: The Teachers and Learners

Section 1. A teacher has a right and duty to determine the academic marks and the

promotions of learners in the subject or grades he handles, provided that such

determination shall be in accordance with generally accepted procedures of evaluation

and measurement. In case of any complaint, teachers concerned shall immediately

take appropriate actions, observing due process.

Section 2. A teacher shall recognize that the interest and welfare of learners are of

first and foremost concern, and shall deal justifiably and impartially with each of

them.

Section 3. Under no circumstance shall a teacher be prejudiced or discriminate against

a learner.

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.

Section 5. A teacher shall not accept, directly or indirectly, any remuneration from

tutorials other what is authorized for such service.

Section 6. A teacher shall base the evaluation of the learner’s work only in merit and

quality of academic performance.

Section 7. In a situation where mutual attraction and subsequent love develop

between teacher and learner, the teacher shall exercise utmost professional discretion

to avoid scandal, gossip and preferential treatment of the learner.

Section 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 manifestation of poor scholarship.

Section 9. A teacher shall ensure that conditions contribute to the maximum

development of learners are adequate, and shall extend needed assistance in

preventing or solving learner’s problems and difficulties.

Article IX: The Teachers and Parents

Section 1. Every teacher shall establish and maintain cordial relations with parents,

and shall conduct himself to merit their confidence and respect.

Section 2. Every teacher shall inform parents, through proper authorities, of the

progress and deficiencies of learner under him, exercising utmost candor and tact in

pointing out the learner's deficiencies and in seeking parent’s cooperation for the

proper guidance and improvement of the learners.

Section 3. A teacher shall hear parent’s complaints with sympathy and understanding,

and shall discourage unfair criticism.

 Article X: The Teacher and Business

Section 1. A teacher has the right to engage, directly or indirectly, in legitimate

income generation; provided that it does not relate to or adversely affect his work as a

teacher.

Section 2. A teacher shall maintain a good reputation with respect to the financial

matters such as in the settlement of his debts and loans in arranging satisfactorily his

private financial affairs.

Section 3. No teacher shall act, directly or indirectly, as agent of, or be financially

interested in, any commercial venture which furnish textbooks and other school

commodities in the purchase and disposal of which he can exercise official influence,

except only when his assignment is inherently, related to such purchase and disposal;

provided they shall be in accordance with the existing regulations; provided, further,

that members of duly recognized teachers cooperatives may participate in the

distribution and sale of such commodities.

Article XI: The Teacher as a Person

Section 1. A teacher is, above all, a human being endowed with life for which it is the

highest obligation to live with dignity at all times whether in school, in the home, or

elsewhere.
Section 2. A teacher shall place premium upon self-discipline as the primary principle

of personal behavior in all relationships with others and in all situations.

Section 3. A teacher shall maintain at all times a dignified personality which could

serve as a model worthy of emulation by learners, peers and all others.

Section 4. A teacher shall always recognize the Almighty God as guide of his own

destiny and of the destinies of men and nations.

Article XII: Disciplinary Actions

Section 1. Any violation of any provision of this code shall be sufficient ground for

the imposition against the erring teacher of the disciplinary action consisting of

revocation of his Certification of Registration and License as a Professional Teacher,

suspension from the practice of teaching profession, or reprimand or cancellation of

his temporary/special permit under causes specified in Sec. 23, Article III or R.A. No.

7836, and under Rule 31, Article VIII, of the Rules and Regulations Implementing

R.A. 7836.
 REPUBLIC ACT 7836

AN ACT TO STRENGTHEN THE REGULATION AND SUPERVISION OF

THE PRACTICE OF TEACHING IN THE PHILIPPINES AND
PRESCRIBING A LICENSURE EXAMINATION FOR TEACHERS AND FOR
OTHER PURPOSES

SECTION 1. This Act shall be known as the "Philippine Teachers

Professionalization Act of 1994."

Sec. 2. The State recognizes the vital role of teachers in nation-building

and development through a responsible and literate citizenry. Towards this

end, the State shall ensure and promote quality education by proper

supervision and regulation of the licensure examination and

professionalization of the practice of the teaching profession.

Sec. 3. Objectives. — This Act has the herein objectives:

(a) The promotion, development and professionalization of teachers and the

teaching profession; and

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(b) The supervision and regulation of the licensure examination.

Sec. 4. Definition of Terms. — For purposes of this Act, the following terms shall

mean:chanroblesvirtualawlibrary

(a) "Teaching" — refers to the profession concerned primarily with classroom

instruction, at the elementary and secondary levels in accordance with the curriculum

prescribed by the Department of Education, Culture and Sports, whether on part-time

or full-time basis in the private or public schools.

(b) "Teachers" — refers to all persons engaged in teaching at the elementary and

secondary levels, whether on full-time or part-time basis, including industrial arts or

vocational teachers and all other persons performing supervisory and/or

administrative functions in all schools in the aforesaid levels and qualified to practice

teaching under this Act.

(c) "Board" — refers to the Board for Professional Teachers duly established and

constituted under this Act.

(d) "Commission" — refers to the Professional Regulation Commission

ARTICLE II
BOARD FOR PROFESSIONAL TEACHERS

Sec. 5. Creation and Composition of the Board. — There is hereby created under this

Act a Board for Professional Teachers, hereinafter called the Board, a collegial body

under the general supervision and administrative control of the Professional

Regulation Commission, hereinafter referred to as the Commission, composed of five

(5) members who shall be appointed by the President of the Philippines from among

the recommendees chosen by the Commission.The recommendees shall be chosen

from the list of nominees selected by the accredited association of teachers, who duly

possess all the qualifications prescribed in Section 8 of this Act.

The chairman and the voice-chairman of the Board shall be appointed from these five

(5) members by the President: Provided, That the members of the first Board

appointed under this Act shall be automatically registered as professional teachers and

issued with the certificate of registration and professional license upon payment of the

fees for examination, registration, and other fees prescribed by the Commission.

Sec. 6. Duties and Function of the Board. — The Board shall have the following

duties and functions:

(a) Promulgate, administer and enforce rules and regulations necessary for carrying

out the provisions of this Act in accordance with the charter of the Professional

Regulation Commission;

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(b) Determine and fix the frequency, dates, and places of examination, appoint

supervisors, proctors, and other personnel as needed who shall be entitled to a daily

allowance to be fixed by the Board for every examination day actually attended, use

buildings and facilities of public or private schools for examination purposes;

(c) Issue, suspend, or revoke the certificate of registration for the practice of the

teaching profession;

(d) Prescribe and collect examination and other fees as it may deem proper;

(e) Prescribe and/or adopt a code of ethical and professional standards for the practice

of the teaching profession.Such ethical standards, rules and regulations to take effect

sixty (60) days after its publication in the Official Gazette or in any newspaper of

general circulation;

(f) Administer oaths in connection with the administration of this Act;

(g) Supervise and regulate the registration, licensure and practice of professional

teachers in the Philippines;

(h) Adopt an official seal of the Board;cralaw

(i) Look into the conditions affecting the practice of the teaching profession and

whenever necessary, adopt such measures as may be deemed proper for the

enhancement and maintenance of high professional and ethical standards of the

profession;
(j) Ensure that all educational institutions offering elementary and secondary

education comply with the essential requirements for curricula, faculty and facilities

for the elementary and secondary levels;

(k) Investigate such violations of this Act, the rules and the code of ethical and

professional standards for professional teachers as it may come to the knowledge of

the Board, and for this purpose, to issue subpoena and subpoena duces tecum to

secure the appearance of witnesses and the production of documents in connection

therewith; and

(l) Discharge such other powers, duties and functions as the Board may deem

necessary for the practice of the teaching profession and the upgrading, enhancement,

development and growth of education in the Philippines.

Sec. 7. Term of Office. — The members of the Board shall hold office for a term of

three (3) years from the date they assume office:Provided, That the first appointees to

the Board under this Act shall hold office according to the following terms: one (1)

member shall serve for one (1) year; one (1) member for two (2) years; the chairman,

vice-chairman, and one (1) member for three (3) years. Vacancies shall be served for

the unexpired term only. No person who has served for two (2) consecutive terms

shall be eligible for reappointment.Appointment to fill an unexpired term shall be

considered an appointment to a complete term.

The chairman or any member shall take his oath of office prior to the performance of

his duties.

Sec. 8. Qualification of Board Members. — Each Board member must at the time of

his appointment:
(a) Be a citizen and resident of the Philippines;

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(b) Be at least thirty-five (35) years of age, of proven integrity, and possessed of high

moral values in his personal as well as professional conduct and has not been

convicted of any offense involving moral turpitude;

(c) Be a holder of the degree of Bachelor of Arts or Bachelor of Science in Education

and preferably a holder of a master's or doctorate degree in education, or their

equivalents, from a university, school, college, academy or institute duly constituted,

recognized and/or accredited by the Philippine government;

(d) Be a professional teacher with a valid certificate of registration and valid

professional license, save those members who shall compose the first Board for

Professional Teachers;

(e) Has been a professional teacher in the active practice of the teaching profession for

at least ten (10) years in the elementary and secondary level; and

(f) Not be an official or member of the faculty of, nor have pecuniary interest in any

university, college, school, or institution conferring a bachelor's degree in education

or its equivalents for at least three (3) years prior to his appointment, and neither

connected with a review center or with any group or association where review classes

or lectures in preparation for the licensure examination are offered or conducted.

Provided, however,That, the membership to the Board shall be evenly distributed to

cover all levels of education, including equitable representation of the different fields

of specialization.
Sec. 9. Compensation of the Board. — The chairman, vice-chairman, and members

of the Board shall receive compensation comparable to the compensation received by

existing regulatory boards under the Professional Regulation Commission, computed

on the basis of the number of examinees/candidates.

Sec. 10. Supervision of the Board and Custodian of its Records. — The Board shall

be under the supervision and control of the Commission. All records, including

applications for examination, examination papers and results, minutes of deliberation,

administrative cases and investigative cases and investigations involving professional

teachers shall be kept by the Commission.

Sec. 11. Secretariat and Support Services. — The Professional Regulation

Commission, through its chairman, shall provide the secretariat and other support

services to implement effectively the provisions of this Act.cralaw

Sec. 12. Removal of a Board Member. — The chairman or any member of the Board

may be removed by the President of the Philippines upon recommendation of the

Commission for neglect of duty, incompetence, unprofessional, unethical, immoral or

dishonorable conduct, commission or toleration of irregularities in the examination,

after having been given the opportunity to defend himself in a proper administrative

investigation.

In the course of investigation, the President may preventively suspend the respondent.

ARTICLE III
EXAMINATION AND REGISTRATION
Sec. 13. Examination, Registration and License Required. — Except as otherwise

specifically allowed under the provisions of this Act, all applicants for registration as

professional teachers shall be required to undergo a written examination which shall

be given at least once a year in such places and dates as the Board may determine

upon approval by the Commission. A valid certificate of registration and a valid

professional license from the Commission are required before any person is allowed

to practice as a professional teacher in the Philippines, except as otherwise allowed

under this Act.

Sec. 14. Scope of Examination. — The examinations for the elementary and

secondary school teachers shall be separate. The examination for teachers in the

elementary level shall consist of two (2) parts, namely: professional education and

general education. The examination for teachers in the secondary level shall consist of

three (3) parts, namely: professional education, general education, and field of

specialization.

Sec. 15. Qualification Requirements of Applicants. — No applicant shall be

admitted to take the examination unless, on the date of filing of the application, he

shall have complied with the following requirements:

(a) A citizen of the Philippines or an alien whose country has reciprocity with the

Philippines in the practice of the teaching profession;

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(b) At least eighteen (18) years of age;

(c) In good health and of good reputation with high moral values;

(d) Has not been convicted by final judgment by a court for an offense involving

moral turpitude;
(e) A graduate of a school, college or university recognized by the government and

possesses the minimum educational qualifications, as follows:

(1) For teachers in preschool, a bachelor's degree in early childhood education

(BECED) or its equivalent;

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(2) For teachers in the elementary grades, a bachelor's degree in elementary education

(BSEED) or its equivalent;

(3) For teachers in the secondary grades, a bachelor's degree in education or its

equivalent with a major and minor, or a bachelor's degree in arts and sciences with at

least ten (10) units in professional education; and

(4) For teachers of vocational and two-year technical courses, a bachelor's degree in

the field of specialization or its equivalent, with at least eighteen (18) units in

professional education.

Sec. 16. Report of the Results of the Examination. — The Board shall, within one

hundred twenty (120) days after the examination, report the ratings obtained by each

candidate to the Professional Regulation Commission for approval and appropriate

action.

Sec. 17. Issuance of Certificate of Registration and Professional License. — The

registration of a professional teacher commences from the date his name is enrolled in

the roster of professional teachers.

Every registrant who has satisfactorily met all the requirements specified in this Act

shall, upon payment of the registration fee, be issued a certificate of registration as a

professional teacher bearing the full name of the registrant with serial number and

date of issuance signed by the chairman of the Commission and the chairman, vice-

chairman, and members of the Board, stamped with the official seal, as evidence that

the person named therein is entitled to practice the profession with all the rights and

privileges appurtenant thereto. The certificate shall remain in full force and effect

until withdrawn, suspended and/or revoked in accordance with law.cralaw

A professional license signed by the chairman of the Commission and bearing the

registration number and date of issuance thereof and the month of expiry or

renewability shall likewise be issued to every registrant who has paid the annual

registration fees for three (3) consecutive years. This license shall serve as evidence

that the licensee can lawfully practice his profession until the expiration of its validity.

Sec. 18. Oath Before Practice. — Every registrant shall be required to take his

professional oath before practicing as a professional teacher.

Sec. 19. Periodic Merit Examination of Teachers. — To encourage continuing

professional growth and development and to provide additional basis for merit

promotion, in addition to their performance rating, teachers may take an oral and

written examination at least once in five (5) years as basis for merit promotion. In

taking this examination, no fee shall be required.

Sec. 20. Failure to Pass the Merit Examination. — If a teacher fails to pass the merit

examination, he or she shall be allowed to take the examination for a second

time. Should he or she fail to pass the merit examination for the second time, then he

or she shall be required to take a DECS accredited refresher course or program before

being allowed to retake the examination.

Failure of any permanent teacher to pass the merit examination shall not, however, be

used as a ground for his/her dismissal or demotion.

Sec. 21. Incentives. — Teachers who pass the merit examination shall:

(a) Be awarded a diploma of merit by the Board;

(b) Earn merit points for purposes of promotion in salary or to a higher position or

grade level;

(c) Be placed in the priority list for government scholarship; and

(d) Enjoy such other benefits as may be promulgated by the Board.

Similar incentives shall be given to teachers who make inventions, develop new

methods of teaching, write a book or books and create works of artistic merit.

Sec. 22. Integration of the Teaching Profession. — The teaching profession shall be

integrated into one national organization which shall be recognized by the Board and

the Commission as the one and only integrated and accredited association of

professional teachers. Upon registration with the Board, every professional teacher

shall be encouraged to become a member of the integrated national

organization. Those who have been registered with the Board but are not members of

the said integrated organization shall be allowed to register as members of the said

integrated organization within three (3) years after the effectivity of this Act.

Membership in the integrated organization shall not be a bar to membership in other

associations of the teaching profession. The professional teachers shall receive the

benefits and privileges appurtenant to their membership in the said integrated and

accredited organization of professional teachers only upon payment of the required

membership fees and dues.

Sec. 23. Revocation of the Certificate of Registration, Suspension from the Practice

of the Teaching Profession, and Cancellation of Temporary or Special Permit. —

The Board shall have the power, after due notice and hearing, to suspend or revoke

the certificate of registration of any registrant, to reprimand or to cancel the

temporary/special permit of a holder thereof who is exempt from registration, for any

of the following causes:

(a) Conviction for any criminal offense by a court of competent jurisdiction;

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(b) Immoral, unprofessional or dishonorable conduct;

(c) Declaration by a court of competent jurisdiction for being mentally unsound or

insane;

(d) Malpractice, gross incompetence, gross negligence or serious ignorance of the

practice of the teaching profession;

(e) The use of or perpetration of any fraud or deceit in obtaining a certificate of

registration, professional license or special/temporary permit;

(f) Chronic inebriety or habitual use of drugs;cralaw

(g) Violation of any of the provisions of this Act, the rules and regulations and other

policies of the Board and the Commission, and the code of ethical and professional

standards for professional teachers; and

(h) Unjustified or willful failure to attend seminars, workshops, conferences and the

like or the continuing education program prescribed by the Board and the

Commission.
The decision of the Board to revoke or suspend a certificate may be appealed to the

regional trial court of the place where the Board holds office within fifteen (15) days

from receipt of the said decision or of the denial of the motion for reconsideration

filed in due time.

Sec. 24. Registration by Reciprocity. — No teacher of a foreign nationality shall be

admitted to the examination, or be given a certificate of registration or be entitled to

any of the rights and privileges provided under this Act; unless the country or state of

which he is a subject permits Filipino professional teachers to practice within its

territorial limits on the same basis as subjects or citizens of said country or

state: Provided, that the requirements of certification of teachers with said foreign

state or country are substantially the same as those required and contemplated under

this Act: Provided, further, That the laws of such state or country grant the same

privilege to Filipino professional teachers on the same basis as the subject or citizens

of such foreign country or state.

Sec. 25. Roster of Professional Teachers. — A roster of professional teachers

containing the names and addresses of professional teachers, date of registration or

issuance of certificate, and other data which in the opinion of the Board may appear

pertinent shall be maintained. Copies of the roster shall be provided by the

Commission to the Board, the Department of Education, Culture and Sports, and the

integrated and accredited organization of professional teachers.

Sec. 26. Registration and Exception. — Two (2) years after the effectivity of this

Act, no person shall engage in teaching and/or act as a professional teacher as defined

in this Act, whether in the preschool, elementary or secondary level, unless he is a

duly registered professional teacher, and a holder of a valid certificate of registration

and a valid professional license or a holder of a valid special/temporary permit.

Upon approval of the application and payment of the prescribed fees, the certificate of

registration and professional license as a professional teacher shall be issued without

examination as required in this Act to a qualified applicant, who at the time of the

approval of this Act, is:

(a) A holder of a certificate of eligibility as a teacher issued by the Civil Service

Commission and the Department of Education, Culture and Sports; orcralaw

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(b) A registered professional teacher with the National Board for Teachers under the

Department of Education, Culture and Sports (DECS) pursuant to Presidential Decree

No. 1006; or

(c) Not qualified under paragraphs one and two but with any of the following

qualifications. to wit:

(1) An elementary or secondary teacher for five (5) years in good standing and a

holder of Bachelor of Science in Education or its equivalent; or

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(2) An elementary or secondary teacher for three (3) years in good standing and a

holder of a master's degree in education or its equivalent.

Provided, That they shall be given two (2) years from the organization of the Board

for professional teachers within which to register and be included in the roster of

professional teachers:Provided, further, That those incumbent teachers who are not

qualified to register without examination under this Act or who, albeit qualified, were

unable to register within the two-year period shall be issued a five-year temporary or
special permit from the time the Board is organized within which to register after

passing the examination and complying with the requirements provided this Act and

be included in the roster of professional teachers: Provided, furthermore, That those

who have failed the licensure examination for professional teachers shall be eligible

as para-teachers and as such, shall be issued by the Board a special or temporary

permit, and shall be assigned by the Department of Education, Culture and Sports

(DECS) to schools as it may determine under the circumstances.

ARTICLE IV
PROVISIONS RELATIVE TO THE PRACTICE OF THE TEACHING
PROFESSION

Sec. 27. Inhibition Against the Practice of the Teaching Profession. — Except as

otherwise allowed under this Act, no person shall practice or offer to practice the

teaching profession in the Philippines or be appointed as teacher to any position

calling for a teaching position without having previously obtained a valid certificate

of registration and a valid professional license from the Commission.

Sec. 28. Penal Provisions. — The following shall be punishable by a fine of not less

than Five thousand pesos (P5,000.00) nor more than Twenty thousand pesos

(P20,000.00) or imprisonment of nor less than six (6) months nor more than five (5)

years, or both, at the discretion of the court:cralaw

(a) Any person who practices the teaching profession in the Philippines without being

certified in accordance with the provisions of this Act;

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(b) Any person who represents or attempts to use as his own certificate of registration

that of another;
(c) Any person who gives any false, or fraudulent evidence of any kind to the Board

or any member thereof in obtaining a certificate of registration as teacher;

(d) Any person who impersonates any registrant of the same or different name;

(e) Any person who uses a revoked or suspended certificate of registration;

(f) Any person who, in connection with his name, otherwise assumes, uses or

advertises any title or description tending to convey or conveys the impression that he

is a teacher without holding a valid certificate; and

(g) Any person who violates or who abets the violation of any of the provisions of this

Act.

The penalty of fine or imprisonment or both, as provided in this section, shall also

apply to any school official who shall cause or be responsible for the commission of

any of the above-enumerated acts.

Sec. 29. Appropriations. — Such sums as may be necessary to carry out the

provisions of this Act shall be included in the 1996 General Appropriations Act and

thereafter.

Sec. 30. Implementing Guidelines. — The Board shall formulate and adopt the

necessary guidelines for the effective implementation of the provisions of this Act

within sixty (60) days of its approval.cralaw

The Board shall submit to both Committees on Education, Arts, and Culture; and the

Committees on Civil Service and Professional Regulation of the Senate and House of

Representatives, copies of the implementing rules and guidelines within thirty (30)

days after its promulgation.

Any violation of this section shall render the official/s concerned liable

under Republic Act No. 6713, otherwise known as the "Code of Conduct and Ethical

Standards for Public Officials and Employees"and other pertinent administrative

and/or penal laws.

Sec. 31. Transitory Provision. — All incumbent teachers in both the public and

private sector not otherwise certified as professional teachers by virtue of this Act,

shall be given (5) years temporary certificates from the time the Board for

Professional Teachers is organized within which to qualify as required by this Act and

be included in the roster of professionals.

Provided, however, That the Professional Board Examination for Teachers (PBET)

shall still be administered by the Civil Service Commission and the Department of

Education, Culture and Sports for the year 1995.cralaw

Sec. 32. Separability Clause. — If, for any reason, any section or provision of this Act

or the application of such section or provision to any person or circumstance is

declared unconstitutional or invalid, no other section or provision of this Act shall be

affected thereby.

Sec. 33. Repealing Clause. — All laws, presidential decrees, executive orders, rules

and regulations or parts thereof inconsistent with the provisions of this Act are hereby

repealed or modified accordingly.

Sec. 34. Effectivity Clause. — This Act shall take effect after fifteen (15) days

following its complete publication in the Official Gazette or in two (2) newspapers of

general circulation.
 REPUBLIC ACT NO. 9293

AN ACT AMENDING CERTAIN SECS OF REPUBLIC ACT NUMBERED

SEVENTYEIGHT HUNDRED AND THIRTY-SIX (R.A. NO. 7836), OTHERWISE
KNOWN AS THE “PHILIPPINE TEACHERS PROFESSIONALIZATION ACT OF
1994”

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

SECTION 1. Section 15, (e) (3) of Republic Act No. 7836 is hereby amended as

follows:

“SEC. 15. Qualification Requirements of Applicants. – No applicant shall be

admitted to take the examination unless, on the date of filing of the application, he

shall have complied with the following requirements:

“(e) A graduate of a school, college or university recognized by the government and

possesses the minimum educational qualifications, as follows:

(1) For teachers in preschool, a bachelor’s degree in early childhood education

(BECED) or its equivalent;

(2) For teachers in the elementary grades, a bachelor’s degree in elementary education

(BSEED) or its equivalent;

(3) For teachers in the secondary grades, a bachelor’s degree in education or its

equivalent with a major and minor, or a bachelor degree in arts and sciences

with at least eighteen (18) units in professional education; and

(4) For teachers of vocational and two-year technical courses, a bachelor’s degree in

the field of specialization or its equivalent, with at least eighteen (18) units in

professional education.”

SEC 2. Section 26 of the same Act is hereby amended to read as follows:

“SEC. 26. Registration and Exception. – No person shall engage in teaching and/or

act as a professional teacher as defined in this Act, whether in the preschool,

elementary or secondary level, unless the person is a duly registered professional

teacher, and a holder of a valid certificate of registration and a valid professional

license or a holder of a valid special/temporary permit.

Upon approval of the application and payment of the prescribed fees, the certificate of

registration and professional license as a professional teacher shall be issued without

examination as required in this Act to a qualified applicant, who is:

(a) A holder of a certificate of eligibility as a teacher issued by the Civil Service

Commission and the Department of Education, Culture and Sports; or

(b) A registered professional teacher with the National Board for Teachers under the

Department of Education, Culture and Sports (DECS) pursuant to Presidential

Decree No. 1006. Professional teachers who have not practiced their profession

for the past five (5) years shall take at least twelve (12) units of education courses,

consisting of at least six (6) units of pedagogy and six (6) units of content courses,

or the equivalent training and number of hours, to be chosen from a list of courses

to be provided by the Board and the Department of Education, before they can be

allowed to practice their profession in the country.

Those who have failed the licensure examination for professional teachers, with a

rating of not lower than five percentage points from the passing general average

rating, shall be eligible as para-teachers upon issuance by the Board of a two-year

special permit, renewable for a nonextendible period of two (2) years. The para-

teachers shall be assigned to areas where there is a shortage or absence of a

professional teacher, as identified and provided by the Department of Education

and the Autonomous Region for Muslim Mindanao (ARMM) education

department to the Board for professional teachers and to the Commission. The

special permit shall indicate the area of assignment of the para-teacher.

 A special permit may also be issued by the Board to a person who has excelled

and gained international recognition and is a widely acknowledged expert in his

or her respective field of specialization.”

SEC 3. Section 31 of the same Act is hereby amended to read as follows:

“SEC. 31. Transitory Provision. – Special permits, with a validity of three (3) and

five (5) years, issued to para-teachers by the Board for Professional Teachers before

the effectivity of this Act shall be allowed to expire based on the period granted

therein: Provided, That only special permits with a validity of three (3) years may be

renewed upon expiration for a non-extendible period of two (2) years.”

SEC 4. References to the term “Department of Education, Culture and Sports”, in

section 4 (a) and section 25, and the term “DECS” in section 20, of the same Act, are

hereby amended to read as “Department of Education” and “DepEd”, respectively.

SEC 5. Separability Clause. – If, for any reason, any section or provision of this Act

or the application of such section or provision to any person or circumstance is

declared unconstitutional or invalid, no other section or provision of this Act shall be

affected thereby.

SEC 6. Repealing Clause. – All laws, decrees, circulars, administrative orders, rules

and regulations, and other issuances which are inconsistent with the provisions of this

Act are hereby repealed or modified accordingly.