Ma. Kristel J.

Orboc PhD-RE March 19, 2021

Legal and Ethical Issues in Education

(EDUC 304)
______________________________________________________________________________
1. PROFESSIONAL ETHICS

Case Title and Citation:

Administrative Case No. NCR 2011-064 For: Grieve Misconduct

Complainants: AAA (referred to as the real complainant) and Arlene Maniquiz, Et Al,

Respondent: Jeffrey Aninag

Source:https://www.teacherph.com/grave-

misconduct/?fbclid=IwAR2yMfG1VbMirleR0pvcCW9kt3okxCk1Bu-

fGJWjDrMfntAoVwaPOWyQvoM

Facts of the case:

i. Sometime in September 2010, at around 3:00 in the afternoon, Aninag requested

AAA to help him on something and directed her to the school’s clinic. AAA heeded

Aninag’s request and while the two (2) were inside said clinic, Aninag sexually

harassed AAA by grabbing and kissing her, even to the extent of showing his

genitalia.

ii. Sometime in January 2011, when AAA was about to go inside the stockroom to

borrow some books, Aninag invited her inside and, right there and then, touched

her private parts and then seduced her to perform sexual communication with him.

iii. February 16, 2011, AAA filed a Letter-Complaint addressed to the xxx National

High School’s Division Superintendent. Said complaint was received by the

school’s division office, and then transmitted, together with her sworn statement,

to the Women and Child Protection Desk of the Valenzuela City Police. In said

complaint, AAA accused Aninag of committing Acts of Lasciviousness pursuant to

 Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation

and Discrimination Act).

iv. AAA was joined by some teachers in her school who filed their respective

complaint against Aninag before the School Principal. The School Principal

forwarded their complaint to the School Division Superintendent, who in turn,

forwarded their complaint to the Office of the Regional Director, DepEd National

Capital Region.

v. August 8, 2011 Aninag filed his Counter-Affidavit, denying the accusations filed

against him.

vi. Based on said affidavits, the Regional Office conducted its preliminary

investigation and, after finding a prima facie case, issued a Formal Charge for

Grave Misconduct against Aninag on November 17, 2011.

vii. The case was initially captioned with the teachers as the complaining parties, thus;

it is Arlene Maniquiz, Et Al, Complainants, versus ADM. Case No. NCR 2011-064

for Grave Misconduct Jeffrey Aninag, Respondent.

viii. However, on February 13, 2012, complainants filed a motion for the amendment of

the caption of the case, that the complainants be changed to AAA who was referred

to as the real complainant. On February 14, 2012, the Regional Office granted said

motion, and the caption of the case was then amended accordingly. Thus, the

amended caption reads, as follows: AAA, Complainant, versus versus ADM. Case

No. NCR 2011-064 for Grave Misconduct Jeffrey Aninag, Respondent.

ix. After the formal investigation, the DepEd National Capital Region issued its

Resolution dated April 2, 2013 finding Aninag guilty, as charged.

x. Jeffrey M. Aninag, Teacher, xxx National High School, Valenzuela City, appeals

from the Resolution dated March 17, 2015 of the Department of Education (DepEd),

Pasig City, affirming with modification the Resolution dated April 02, 2013 and

Order dated June 06, 2013 of the Regional Director, DepEd-National Capital Region
 (DepEd-NCR) finding Aninag guilty of Grave Misconduct and modifying the

penalty imposed upon him from one (1) year suspension to dismissal from the

service.

Decision:

The appeal of Jeffrey M. Aninag, Teacher, xxx National High School, Valenzuela City, is

hereby DISMISSED. Accordingly, the Resolution dated March 17, 2015 of the

Department of Education (DepEd), Pasig City, affirming with modification the Resolution

dated April 02, 2013 and Order dated June 06, 2013 of the Regional Director, DepEd-

National Capital Region (DepEd-NCR), finding Aninag guilty of Grave Misconduct and

imposing upon him the penalty of dismissal from the service, is AFFIRMED. The

accessory penalties of cancellation of eligibility, forfeiture of retirement benefits, except

terminal/accrued leave benefits and personal contributions to the GSIS, if any; perpetual

disqualification from reemployment in the government service and bar from taking the

Civil Service examination are likewise imposed.

Discussion:

The Civil Service Commission passed Office Memorandum No. 27, s. 2016, dated April 13,

2016, advising all CSC Regional and Field Offices to disseminate copies of the Decision on

the case of ANINAG, Jeffrey M., CSC Decision No. 15-0908, dated December 23, 2015, to

all school heads within their respective jurisdiction for their guidance and information.

Misconduct is defined as a transgression of some established and definite rule of action,

more particularly, unlawful behavior or gross negligence of the public officer. Also, the

word misconduct implies a wrongful intention, and not a mere error of judgement. If the

transgression is done with deliberate intent or in complete disregard of established rules,

it becomes Grave Misconduct. Otherwise, it is only Simple Misconduct.

The Commission finds appellant’s wrongful acts as deliberate and in complete disregard

of established rules. As a teacher, he is charged with the supervision and care of his

students. His profession carries with it the utmost responsibility of setting good example.

Apparently, Aninag failed in this obligation.

2. HOUSE BILL NO. 8384

Reflection on any of the provisions stated in House Bill No. 8384

House Bill No. 8384: Expanded Magna Carta for Public School Teachers Act

Section 8. Sec. 13 of the same Act is hereby amended to read as follows:

Section 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 the school division superintendent shall appoint

substitute teachers to fill-in the teaching load. In cases wherein rendering of additional

work hours is due to substitution for classes of non-reporting teachers, the school division

superintendent shall also appoint substitute teachers if the absence or vacancy will exceed

for more than two (2) weeks.

Reflection of the above stated provision:

Improving and sustaining employees or staffs’ productivity has become a growing

concern and challenge of every organizations. This indicates that the number of hours

worked by employees does impact their productivity.

In the current set-up of education; apparently, it does not follow what is stated in

section 13 of House Bill No. 8384. Our teachers are working more than six (6) hours every

day, to the extent of working during weekends and holidays. Yes, we can say that they are

well compensated but monetary alone cannot guarantee the quality of education that the
teachers can and will provide to the students due to several reasons such as but not limited

to stress, lack of free time, poor work-life balance and health risks.

Further, there are researches that revealed that there is significant relationship

between productivity and working hours. One needs to understand how working hours

can affect teachers' well-being or stress levels, which can eventually impact their

productivity at work. Say example, teachers are working 8 hours a day or 40 standard

hours per week, but the length of their day can increase when working overtime or longer

hours when required to meet paper works, reports or targets. Post-work activities include

waiting in peak traffic or attending personal or family care, which means getting home

and starting one's home routine later. When a teacher’s day is increased by working

overtime, this leaves less time for his/her resting period. Eventually, this routine starts to

leave him/her tired, more stressed and feeling less healthy and unsatisfied as he/she has

less family time or exercise time. This can potentially lead to health and stress related

problems or an unbalanced work-life frustration, which can impact how productive an

individual is at work.

Lastly, these may serve as an eye opener for DEPED officials or administration that

overcoming these challenges requires focusing on teachers’ productivity and harnessing

a rich employee relationship by cultivating a conducive and happy working environment

that can ensure a healthy work-life balance. As teachers are arguably one of the most

important members of our society since they give children purpose, set them up for

success as citizens and inspire them to drive well and succeed in life.