Navigating the Legal and Ethical Parameter of the Teaching Profession

Name: Joey Allen A. Rivera BSED ENGLISH 02 Date: May 05, 2021

What laws will you apply for the following situations? Cite the exact provision or article from the law.
Also, explain your understanding of the cited provision/article.

1. The teacher making the students to stand outside of the classroom because of not doing their
assignments. (Family Code) (Code of Ethics Resolution No. 435)

 Article 218 (Family Code)

The school, its administrators and teachers, or the individual, entity or institution engaged in
child are shall have special parental authority and responsibility over the minor child while
under their supervision, instruction or cu custody Authority and responsibility shall apply to all
authorized activities whether inside or outside the premises of the school, entity or institution.

 This article explains that every school, administrators and teacher that is engaged to
child must act like a parent to every student. They are responsible of the children
whether inside or outside the school. In this case the teacher punished the students
to stand outside the classroom if there is something happen of that child therefore it
is questionable to the teacher and the school.

 Art. XII- Disciplinary Actions Sec. 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. 77836.

 This article explains that if the parents of the children will file complaint , there will
be a possibilities that the teacher will be reprimanded or suspension of his/her
license. The teacher must be ground because that punishment is not applicable
today.

2. The teacher jokingly calls his favorite Grade 9 student “Honey” and invites her for a date.
(Republic Act No. 7877)
 SECTION 3. Work, Education or Training -Related, Sexual Harassment Defined. - Work, education
or training-related sexual harassment is committed by an employer, employee, manager,
supervisor, agent of the employer, teacher, instructor, professor, coach, Trainor, or any other
person who, having authority, influence or moral ascendancy over another in a work or training
or education environment, demands, requests or otherwise requires any sexual favor from the
other, regardless of whether the demand, request or requirement for submission is accepted by
the object of said Act.
 When it comes to school, works, offices, any sexual desires must be prohibited
because it will be a sexual harassment. The teacher, instructor, professor, coach,
trainor or a person who have authority cannot make any sexual favor from others. In
line with this situation, it is not good to call your students any endearment even if it
is a joke, maybe the students did not like it and it makes her uncomfortable.

3. The teacher gives Armando a failing grade of 70 in English because he fails to clean the
classroom. (Education Act of 1982)

 SEC. 16. Teachers’ Obligations.—Every teacher shall:

5.Refrain from making deductions in students' scholastic ratings for acts that are clearly not
manifestations of poor scholarship.
 Teachers must not fail the students because of one thing that he fails to do. Even
though the teacher has the right to give the students grade, the teacher cannot base
it on his failing actions. It is unfair to the student with high scores.

4. The teacher denying the parents the complete scholastic performance of their son Rico. The
parents of Rico want to see the raw scores of Rico in all his quizzes. (Education Act of 1982)

 SEC. 8. Rights of Parents.—In addition to other rights under existing laws, all parents who have
children enrolled in a school have the following rights: 2. The right to access to any official
record directly relating to the children who are under their parental responsibility.
 Every parents has the right to access and monitor their child's performance in the
school. Teachers has no right to deny it to the parents. The parents also responsible
in guiding their students if ever the students have failing grades.

5. Athena posted in her Facebook that her classmate Sonia is ugly because of pimples all over her
face. The post receives several “likes” from netizens. (Republic Act Nos. 10627, 10175)
 SEC. 2. Acts of Bullying. – For purposes of this Act, “bullying” shall refer to any severe or
repeated use by one or more students of a written, verbal or electronic expression, or a physical
act or gesture, or any combination thereof, directed at another student that has the effect of
actually causing or placing the latter in reasonable fear of physical or emotional harm or damage
to his property; creating a hostile environment at school for the other student; infringing on the
rights of the other student at school; or materially and substantially disrupting the education
process or the orderly operation of a school; such as, but not limited to, the following:
 d. Cyber-bullying or any bullying done through the use of technology or any electronic means.

 Section 4(c)(4) of the Cyber Crime Law

 Art. 354. Requirement for publicity. — Every defamatory imputation is presumed to be
malicious, even if it be true, if no good intention and justifiable motive for making it is shown.
 Everyone of us have no right to post something and say something to the person
that will hurt them. Bullying is a serious act which leads to depression, anxiety and
most of others commit suicide. It can highly affect physical, mental and emotional
health. Even if it is not your intention to hurt someone but is unlawful.

6. Mrs. Chona Cruz was summoned in the office of the principal because of frequent phone calls
from credit and loan agencies demanding that Mrs. Cruz be advised by the principal to pay her
outstanding credit loan. (Code of Ethics)

 Art. X- The Teacher & the Business

Sec. 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.
 If you are a teacher you should settle your debts and other financial affair so that it
cannot affect your profession. The teacher must pay her debts and loan matters to
avoid any problem with his/her profession.

7. Mr. James Smith, A LET passer teacher applied in the public school. Mr. Smith passed the
competitive examination and was given his rank. Later on, he was told that he lost the item
because he is not a practicing Catholic. (Magna Carta for Public School Teacher)

 II. RECRUITMENT AND CAREER

Section 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.
 No matter what the religion or the belief of the teacher it is not a measurement of
the teacher’s ability to teach students. If the teacher is teaching in a Catholic that is
the time that he will be lost his item, as a Catholic School the teacher must be a
catholic and practice catholic. But in public schools it is not necessary that all
teachers are catholic.
8. Miss Rita, a Kindergarten teacher, did not include in her profile or document that she has a live-
in partner. (Code of Ethics Resolution No. 435)

  Art. XI THE TEACHER AS A PERSON Section 3. A Teacher shall maintain at all times a dignified
personality which could serve as a role model worthy of emulation by learners, peers, and
others.
 The teacher must maintain a good dignity and personality to the students because
they are a role model. They will not do anything that can ruin his/ her reputation as
a teacher.

9. Mr. Alvarez, a public school teacher, has been a perfect attendance awardee for 10 years. He
files one year leave with pay because he is given scholarship to study abroad but his principal
does not want to give him the permission. (Magna Carta for Public School Teacher)

 V. LEAVE AND RETIREMENT BENEFITS Section 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.
 All public teachers are allowed to have a study leave if they serve the school after
seven years. It is also in accordance to the scheduled set by the Department of
Education. And during their leave the teachers can be entitled to at least sixty
percent of their monthly salary. The teacher cannot exceed their study leave unless
he needs more time to finish his thesis.

10. The teacher failed to give first aid treatment to Antonio who accidentally bumped his nose at
the doorknob. Antonio went home with bleeding nose. (Family Code)
 Article 219 (Family Code)
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 subsidiarity liable.
 The person who has the authority and responsibility shall be liable and must take
actions for the damages under his/her care. In school the teachers are liable and
responsible in taking care of the students because they are authorized.