Topic’s

01
Academic Freedom for Institution

02
Academic Freedom of the Faculty

Related Laws
03

Sexual Harrasshment when commiteted

in Education
Academic Freedom
for Institution
• The court held that it is within the sound discretion
of the university to determine whether a student
may be conferred graduation honors, considering
that the student had incurred a failing grade in an
earlier Course she took in school (San Carlos
University vs/ CA, 166 SCRA S70).

• Moreover, Philippine Regulatory Commission

cannot interfere with the conduct of review that
review schools and centers believe would best
enabled their enrollees to meet the standard required
before becoming at full Pledge Public Accountant.
• Hence, PRCResolution No.105prohibitingexaminees for
the accountancy licensure examinations from attending any
review class briefing conference or the like is violative of the
academic freedom (Lupangco vs. CA, 166 5RA
848).

• Likewise, in Tan vs. CA. 199 SCRA 212, the Supreme

Court said that the maintenance of a morally conducive and
orderly educational environment will be seriously imperiled
if, under the circumstances of the case, Grace Christian High
School is forced to admit petitioner's children and to
reintegrate them into the student body.
Academic Freedom
of the Faculty
• The freedom of the teacher or research workers in
higher Institution of learning to investigate and discuss
the problems of his science and To express his
conclusions,
whether through publication or in the instruction of
students without interference from political or
ecclesiastical
authority or;

• From the administrative officials of the institution in

Which he is Employed unless his methods are found by
qualified bodies of his own profession to be completely
incompetent or contrary to professional ethics
(FrankLovejoy Encyclopedia of Social Science p. 384 cited
p.398Nachura Political Law Reviewer).
• It was held that if the school has the freedom
whom to admit, logic dictates that it also has the
right whom to exclude or expel, as well as to
impose lesser sanctions such as suspension.
While under the Educational Act of 1992, students
have the rights to freely choose their field of
study, the same must be subject to the established
academic and disciplinary standards laid down by
the academic institution (Miriam College
Foundation vs. CA, G.R. No. 127930, November 15,
2000).
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Academic Freedom
of the educational
institution
 Educational institution has freedom to
determine who may teach, what may be taught and
who may be admitted be admitted to study
(Sweezy vs State of New Hamsphire, 354, U.S. 234

Academic Freedom was never meant to be

unbridle license . It is a privilege which assumes the
correlative duty exercise it responsibility. Thus,
where the student expulsion is not proportionate to
his unit deficiencies in his IT course, there is reason
to to believe the petitioner’s claim that the school’s
decision was strongly influence by the student
participation in questioning CR’s application for
tuition fee increase
(Isabelo vs. CA,227Contents
SCRA 591)
Probationary Period for Teachers

The supreme court held that while the

DECS prescribed tree (3) years probationary
period for teachers, the same does not
automatically
result to permanent status upon its
termination. The same subject to the
employers prerogative to determine whether or
not the teacher’s
performance was satisfactory or not (Cagayan
Capitol) College vs NLRC, 189 SCRA 658).
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Related Laws
To implement the constitutional provisions on
Education, Science and Technology congress
enacted into laws the following:

1. RA 7796 otherwise known as Technical

Education and Skills Development Authority law of
1994 whereby it states that:

“ is hereby declared the policy of the state to provide

relevant, accessible high quality and efficient technical
education and skills development of high quality Filipino
middle-level manpower responsive to and accordance with
the Philippine Development
goals and priorities.”
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The state shall encourage active participation of various
concerned sectors particularly private enterprises, being
direct participants and immediate beneficiaries of a trained
and skilled workforce, in proceeding technical education
and skills development opportunities (Sec. 2, RA 7796).

2. RA 7686 otherwise known as Dual Training

System Act stating that:
 
“It is hereby a declared policy of the state to strengthen
manpower education and training in the country so that the
latter may be assured of an ever growing supply of an
educated man power equiped with appropriate skilss and
desirable work habits and desirable attitude (Sec. 2,
RA7686).” Contents
3. RA 7323, otherwise known as the Working
Student Act which provides educational
opportunities to working student with adjusted
working time and discount
maltriculation fees.

4. RA 7277, otherwise known as Magna Carta for

Persons with Disability(PWD)which provide
working and educational opportunities to PWD
without discrimination.

5. RA 7610, otherwise known as the Special

Protection of Children against Child Abuse ,
Exploitation and Discrimination
Contents stating with:
“ It is hereby declared to the
policy of the state to Provide
special
protection to children from all
forms of abuse, neglect, cruelty,
exploitation and discrimination
and other condition prejudicial to
their development.”
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Under RA 8972, otherwise known as Solo Parent Act
approved on November 7, 2000 provides educational
benefit which includes scholarship programs for
qualified Solo Parents and their children in institution
of basic, tertiary and technical skills education
and non-formal education Programs appropriate for
solo parents and their children
(Sec. 9, RA 8972).

Under RA 7323, otherwise known as the Working

Students Law which was approved on March 30, 1992
provides support to the poor but deserving students
in terms of providing them employment during
vacations. Thus, Section
Contents one (1) there of states:
 “Any provisions of law to the contrary
notwithstanding, any person or entity
employing at least fifty (50) persons may during
summer and or Christmas Vacations employ
poor but deserving students fifteen (15) years
of age but not
more than twenty-five (25) years old, paying
them a salary or wage not lower than the
minimum wage provided by law and other
Applicable laws.”
Contents
Section two (2) of said law
further states
"Sixty percentum (60%) of said salary
shall be paid by the Employer In cash and
forty percentum (40%) by the government
in
form of a voucher which shall be applicable
in the payment for his tuition fees
and books in any education institution for
secondary, tertiary, vocational or technical
education. Contents
 Moreover, RA 7796 otherwise known as Tesda Law
absorb the apprenticeship program of the Department
of Labor with the following Objectives

1. To help meet the demand of the economy for trained man power.
2. To established the National Apprenticeship program through the
participation of employers, workers, government and non-government
agencies and;

3. To establish apprenticeship standard for the protection of apprentices

(Art. 57, Labor code as amended).

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 Apprentice is a person undergoing for an
approved apprenticeable occupation during
establish period assured by apprenticeship
agreement (Sec. 4, RA7796).

Apprenticeship means training within

employment with compulsory related theoretical
instructions involving a contract between an
apprentice and an Employer with establish
period regarding an apprenticeable occupation
(Sec. 4, RA7796)
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 In consonance with the above policy, RA 7686,
Otherwise known as Dual Training Act which was
enacted into law on February 25, 1994 with the
following objectives:

1. Encourage increasing utilization of the dual system in

technical and vocational education and training by both
public and private sectors within the context of the
educational system;

2. Encourage increasing level of investment in technical and

vocational education and training in both private and public
schools especially in the rural areas;

Contents
3.Enhance the employability and productivity of graduates
by Equipping them with analytical and creative thinking
and problem-solving abilities, manipulative competencies
which meet occupational standards and requirements,
values and attitudes with emphasis on work ethics, quality
orientation, discipline, honesty, self-reliance and
patriotism and

4. Strengthen training cooperation between agricultural,

industrial and business establishment and educational
institutions by designing and implementing relevant
training programs in close coordination with concerned
localgovernment units (Sec. 3, RA 7686).
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 Dual Training System (DTS)
refers to instructions of
delivery system of technical
and vocational education and
training that combines in-plant.

Contents
 Training and in-school training
based on a training plan collaboratively
designed and implemented by an accredited
dual system educational institutions training
center and accredited dual system agricultural
industrial and business establishments with
prior notice and advice to The local
government units concerned (Sec. 3, RA
7686).

Contents
 With “K-12 Program” now in the full
force and effect whereby vocational
trainings are now incorporated into
the regular curriculum of the junior
and senior high school together with
the
general education subjects in college,
the TESDA vocational course and the
Dual Training System appears to have
been overtaken.
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 Sexual Harassment when
Committed in Education and
Training Environment
In an education and training environment, sexual
harassment is Committed:

1. Against one whose education, training,

apprenticeship or tutorship is entrusted to the offender;

2. Against one who is under the care or supervision of

the offender;

3. When a sexual favor is made a condition to giving of

a passing grade or the granting of honors and scholarships
or the payment of a stipend , allowance, other benefits,
privileges or considerations; or

4. When the sexual advances results in an intimidating,

hostile or offensive environment for the student, trainee or
apprentice (Sec. 3 Contents
RA 7877).
 
RA 7610, otherwise known as the Special
Protection of Children against Child Abuse
Exploitation
and Discrimination Act, approved on June 17,
1992 declared as a matter of state policy that:

The state provides special protection to

children from all forms of abuse, neglect,
cruelty, exploitation and discrimination and
other conditions prejudicial to their
development; provide sanctions to their
commissions and carry our programs for
prevention and Contents
deterrence of and crisis
intervention in Situation of child
Thank you