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Study Guide in Prof.Ed.

101-The Teaching Profession Module 5: Unit 5 –The Teacher as A Professional

Unit 5 – The Teacher as a Professional

MODULE OVERVIEW
Teaching is a challenging but very rewarding profession, with teachers playing an essential
part in helping children and young people to acquire and develop the knowledge and skills they
will need in later life. By virtue of Republic Act 7836, amended by Republic Act 9293, teaching
was professionalized and thereby requiring teachers to take the Licensure Exam for Teachers
(LET). As professionals, teachers are bound to perform specific duties to the society especially to
schools and students guided by a professional code of ethics. Teaching is always regarded as a
vocation by many people. However, the government deemed it necessary to recognize teaching as
a profession giving the highest regard to teachers as professional. This does not in any way make
teaching a profession or a job to earn money but in enables us to regard teaching in a grand
manner, a noble profession for individuals who are willing to dedicate their lives and services in
the development of future citizens and leaders of the country.

LEARNING OBJECTIVES

1. Discuss on the various laws governing teacher rights, privileges, welfare and responsibilities and
reflect on how they apply in real life.
2. Differentiate professionalization of teaching from professional ethics.
3. Explain teacher welfare and privileges under the Magna Carta for Public School Teachers (RA
4670).
4.Elaborate teachers’ rights, duties and responsibilities under the Education Act of 1982(BP 232)’.

LEARNING CONTENTS

Unit 5 – The Teacher as a Professional

A. The Professionalization of Teaching


1. Decree Professionalizing Teaching (PD 1006)

PRESIDENTIAL DECREE NO 1006

PROVIDING FOR THE PROFESSIONALIZATION OF TEACHERS, REGULATING


THEIR PRACTICE IN THE PHILIPPINES AND FOR OTHER PURPOSES.

WHEREAS, the Constitution provides that “All educational institutions shall be under the
supervision of; and subject to regulation by, the State”, and requires that “the State shall establish
and maintain a complete, adequate and integrated system of education relevant to the goals of
national development”;

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Study Guide in Prof.Ed.101-The Teaching Profession Module 5: Unit 5 –The Teacher as A Professional

WHEREAS, in the pursuit on these objectives, the Department of Education and Culture has
adopted ways and means of overseeing all the educational institutions in the country;

WHEREAS, this supervisory function of the DEC has been primarily beamed towards insuring that
the educational institutions inculcate in the studentry love of the country, teach the duties of
citizenship, and develop moral character, personal discipline, and scientific, technological and
vocational efficiency;

WHEREAS, to implement these objectives, the institutions have relied upon their teachers whose
direct and continuing interaction with the young people and the children make them potent forces
for the development of proper attitudes among the citizenry;

WHEREAS, this accounts for the tremendous growth of the teaching population, comprising in the
civil service sector alone more than 300,000 teachers deployed all over the country;

WHEREAS, to insure that in the immediacy and urgency of teacher recruitment qualitative
requirements are not overlooked, it has become necessary to regulate the teaching profession;

WHEREAS, although teaching requires a number of years of collegiate study, it is the only course
that it is not yet considered a profession;

WHEREAS, in recognition of the vital role of teachers in nation-building and as an incentive to


raise the morale of teachers, it is imperative that they be considered as professionals and teaching
be recognized as a profession.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the


powers vested in me by the Constitution, do hereby decree and order:

Section 1. Title. This Decree shall be known as the Decree Professionalizing Teaching.

Section 2. Declaration of Policy. It is hereby declared a policy that teacher education shall be
given primary concern and attention by the government and shall be of the highest quality, and
strongly oriented to Philippine conditions and to the needs and aspirations of the Filipino people
even as it seeks enrichment from adoptable ideas and practices of other people.

Section 3. Definition of Terms. As used in this Decree, the following shall be construed as follows:

(a) Teaching refers to the profession primarily concerned with the classroom instruction, at the
elementary and secondary levels, in accordance with the curriculum prescribed by National Board
of Education, whether on part-time or full-time basis in the public or private schools.

(b) Teachers refers to all persons engaged in teaching at the elementary and secondary levels,
whether on a full-time or part-time basis, including guidance counselors, school librarians,
industrial arts or vocational teachers and all other persons performing supervisory and/or
administrative functions in all schools in the aforesaid levels and legally qualified to practice
teaching under this Decree.

(c) Board refers to the National Board for Teachers duly constituted under this Decree.

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Study Guide in Prof.Ed.101-The Teaching Profession Module 5: Unit 5 –The Teacher as A Professional

Section 4. Creation of the National Board for Teachers. There is hereby created a National Board
for Teachers, hereinafter called the Board, to be composed of the following:

1) Secretary of Education and Culture Co-


2) Chairman, Civil Service Commission Chairman
3) Commissioner, Professional Regulations
Commission
Member
4) Two members representing the private
sector to be appointed by the President

Section 5. Powers and Duties. The Board shall have the following powers and duties:

(a) Appoint a set of examiners for every examination who will determine and prepare the contents
of the Board examination for teachers, hereinafter referred to as examination, in the elementary and
secondary levels of instruction, to be held at least once a year;

(b) Determine and fix the places and dates of examination, appoint supervisors and room
examiners from among the employees of the Government who shall be entitled to a daily
allowance to be fixed by the Board for every examination day actually attended, use the buildings
and facilities of public and private schools for examination purposes, approve applications to take
examination, and approve the release of examination results;

(c) Look from time to time into the conditions affecting the practice of the teaching profession,
adopt such measures as may be deemed proper for the enhancement of said profession, and/or
maintenance of the professional standards and ethics;

(d) Issue, suspend, revoke, replace or reissue Professional Teachers Certificate, and administer
oaths;

(e) Appoint, subject to the provisions of existing laws, such officials and employees as are
necessary in the effective performance of its functions and responsibilities, prescribe their duties
and fix their compensation;

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

(g) Promulgate rules and regulations, and exercise such other powers, functions and duties as may
be necessary to carry into effect the purposes of this Decree.

Section 6. Qualification requirements for examination 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) Except those who have been engaged in teaching as herein defined for at least five years in
schools in the Philippines not organized exclusively for nationals of a foreign country at the time of
the effectivity of this Decree, the applicant must be a citizen of the Philippines;

(b) That he is of good moral character;

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(c) That he is free from any physical and/or mental defect which will incapacitate him to render
efficient service; and

(d) That he possesses the following minimum educational qualifications:

1) For teachers in the kindergarten and elementary grades, Bachelor’s degree in Elementary
Education (B.S.E.Ed.) or its equivalent;

2) For teachers of the secondary schools, Bachelor’s degree in Education or its equivalent with a
major and minor, or a Bachelor’s degree in Arts or Sciences with at least eighteen units in
professional education; and

3) For teachers of secondary vocational and two-year technical courses, Bachelor’s degree in the
field of specialization with at least eighteen units in professional education.

All applications shall be filed with an office or offices designated by the Board, preferably the
offices of the Civil Service Commission and the Department of Education and Culture.

These offices shall screen and approve such applications and issue the corresponding permits to
take the examination to qualify applicants.

Section 7. Appointment of examiners. The Board shall appoint a set of examiners for every
examination who are recognized authority in teacher education, and their names shall not be
disclosed until after the release of the results of the examination. They shall each receive as
compensation the sum of not less than P5.00 for each examinee as may be determined by the Board
but in no case shall each examiner receive more than P18,000 per examination. Any examiner who
is in the service of the Government shall receive the compensation herein provided in addition to
his salary.

Section 8. Scope of the examination. The examination shall consist of written tests, the scope of
which shall be determined by the Board, taking into consideration the teaching plan of the schools
legally constituted in the Philippines.

Section 9. Ratings in the examination. In order that a candidate may be deemed to have
successfully passed the examinations, he must have obtained a general average of at least 70 per
cent in all subjects, with no rating below 50 per cent in any subject.

Section 10. Report of the results of examination. The examiners shall report the ratings obtained by
each candidate to the Board within 150 days after the last day of the examination, unless extended
by the latter.

Section 11. Issuance of Certificates. Teachers who have passed examinations given by the Civil
Service Commission or jointly by the Civil Service Commission and the Department of Education
and Culture shall be considered as having passed the board examinations for teachers. The Board
may consider their certificates of rating as certificates of eligibility or issue an entirely new
certificate upon registration of the teacher and payment of the corresponding fees.

This provision shall likewise apply to those teachers who have permanent appointment under the
Magna Carta For Public School Teachers and all others who may be qualified for registration as
professional teachers under this Decree.

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Section 12. Registration. The Civil Service Commission shall, as an arm of the Board, register
holders of Professional Teacher Certificate which registration shall evidence that the registrant is
entitled to all the rights and privileges of a Professional Teacher until and unless the certificate is
suspended or canceled by the Board for just cause.

Section 13. Reissuance of revoked certificates and replacement of lost certificates. The Board may,
for reason of equity and justice, and upon proper application therefor, issue another copy, original
or duplicate, upon payment of the required fee, of a certificate which has been revoked. A new
certificate to replace a lost, destroyed or mutilated certificate may be issued subject to the rules of
the Board.

Section 14. Registration by reciprocity. The Civil Service Commission shall, upon approval of the
Board, effect the registration, without examination, of a teacher validly registered under the laws of
any foreign state or country; Provided, That the requirements for registration in said foreign state
or country are substantially the same as those required and contemplated by this Decree, and the
laws of such foreign state or country allow citizens of the Philippines to practice the profession on
the same basis and grant the same privileges as the citizens or subjects of such foreign state or
country; Provided finally, That the applicant shall submit competent and conclusive documentary
evidence, confirmed by the Department of Foreign Affairs, showing that his country’s existing
laws permit citizens of the Philippines to practice teaching profession under the rules and
regulations governing citizens thereof.

Section 15. Prohibition. Three years after the effectivity of this Decree, no person shall engage in
teaching and/or act as a teacher as defined in this Decree, whether in the public or private
elementary or secondary school, unless he is holder of a Professional Teacher Certificate or is
considered a Professional Teacher under this Decree.

Section 16. Penal Provision. Any person who shall practice the teaching without a valid
Professional Teacher Certificate, or any person presenting as his or her own the certificate of
another, or any person giving any false or forged evidence in order to obtain a Professional
Teacher Certificate or admission to an examination, or any person assuming himself as a registered
professional teacher or any person violating any provision of this Decree shall be penalized by a
fine of not less than One Thousand Pesos nor more than Five Thousand Pesos with subsidiary
imprisonment or to suffer an imprisonment of not less than six months nor more than two years, or
both such fine and imprisonment at the discretion of the Court.

Section 17. Repealing Clause. All Acts, Decrees, Executive Orders, Administrative Orders, rules
and regulations or parts thereof inconsistent with the provisions of this Decree are hereby repealed
or modified accordingly.

Section 18. Separability Clause. In case any provision of this Decree or any portion thereof is
declared unconstitutional by a competent court, other provisions shall not be affected thereby.

Section 19. Effectivity. This Decree shall take effect January 1, 1977.

DONE in the City of Manila, this 22nd day of September, in the year of Our Lord, nineteen
hundred and seventy-six.

(Sgd.) FERDINAND E. MARCOS
President of the Philippines

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By the President:

(Sgd.) JACOBO C. CLAVE


Presidential Executive Assistant

Source: Malacañang Records Office

2. The Philippine Teachers’ Professionalization Act (RA 7836)

Republic Act 7836: Philippine Teachers Professionalization Act of 1994

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. Short Title. — This Act shall be known as the “Philippine Teachers


Professionalization Act of 1994.”

Sec. 2. Statement of Policy. — 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.cralaw

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

    (a) The promotion, development and professionalization of teachers and the teaching profession;
and
    (b) The supervision and regulation of the licensure examination.

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

    (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

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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;
     (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

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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;


    (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.

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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;
    (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;
        (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

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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.

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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;
    (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:

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    (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
    (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
        (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;
    (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.

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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.

Signed: December 16, 1994

3. Amendments to certain Sections of R.A. 7836 (RA 9293)

Republic of the Philippines


Congress of the Philippines
Metro Manila

Begun and held in Metro Manila, on Monday, the twenty-eighth day of July, two thousand three.

[REPUBLIC ACT NO. 9293]

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AN ACT AMENDING CERTAIN SECS OF REPUBLIC ACT NUMBERED SEVENTY-EIGHT


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

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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 non-extendible
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.

SEC 7. Effectivity. – This Act shall take effect upon approval.

(Sgd.) JOSE DE VENECIA JR. (Sgd.) FRANKLIN M. DRILON


Speaker House of Representatives President of the Senate

This Act, which is a consolidation of Senate Bill No. 2698 and House Bill No. 5411 was finally
passed by the Senate and the House of Representatives on February 6, 2004 and February
7,2004,respectively.

(Sgd.) ROBERTO P. NAZARENO


Secretary General (Sgd.) OSCAR G. YABES
House of Representatives Secretary of the Senate

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Approved: APR 21 2004

(Sgd.) GLORIA MACAPAGAL-ARROYO


President of the Philippines

B. Professional Ethics
1. Code of Conduct for Professional Teachers

Code of Ethics for Professional Teachers

Pursuant to the provisions of paragraph (e). Article 11, of R. A.. No. 7836. otherwise known as the
Philippines 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,
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 of it’s 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 carryout 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.

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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 facial 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 for 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

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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. Teacher 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, teacher 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 the files without permission.

Section 5. It shall be the responsibility of every teacher to seek correctives for what he may appear
to be an unprofessional and unethical conduct of any associates. 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 PROFESSIONS

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Section 1. Every teacher shall make it his duties 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 enlighten 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, such determination shall be in accordance with

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generally accepted procedures of evaluation and measurement. In case of any complaint, teachers
concerned shall immediately take appropriate actions, of serving due process.

Section 2. A teacher shall recognize that the interest and welfare of learners are of first and
foremost concerns, and shall deal justifiably and impartially with each of them.

Section 3. Under no circumstance shall a teacher be prejudiced nor discriminated against by the
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 learners
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.

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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 principles 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 provisions 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, reprimand or cancellation of his temporary/special permit under causes
specified in Sec. 23. Article HI or R.A. No. 7836. and under Rule 31. Article VIII. of the Rules and
Regulations Implementing R.A. 7836.

ARTICLE XIII – EFFECTIVITY

Section 1. This Code shall take effect upon approval by the Professional Regulation Commission
and after sixty (60) days following it’s publication in the official Gazette or any newspaper of
general circulation, whichever is earlier.

2. Code of Conduct for Public Officials and Employees (RA 6713)

Republic Act No. 6713             February 20, 1989

AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL STANDARDS FOR


PUBLIC OFFICIALS AND EMPLOYEES, TO UPHOLD THE TIME-HONORED
PRINCIPLE OF PUBLIC OFFICE BEING A PUBLIC TRUST, GRANTING INCENTIVES
AND REWARDS FOR EXEMPLARY SERVICE, ENUMERATING PROHIBITED ACTS
AND TRANSACTIONS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF
AND FOR OTHER PURPOSES

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


assembled:

Section 1. Title. - This Act shall be known as the "Code of Conduct and Ethical Standards for
Public Officials and Employees."

Section 2. Declaration of Policies. - It is the policy of the State to promote a high standard of
ethics in public service. Public officials and employees shall at all times be accountable to the
people and shall discharge their duties with utmost responsibility, integrity, competence, and
loyalty, act with patriotism and justice, lead modest lives, and uphold public interest over personal
interest.

Section 3. Definition of Terms. - As used in this Act, the term:

(a) "Government" includes the National Government, the local governments, and all other
instrumentalities, agencies or branches of the Republic of the Philippines including
government-owned or controlled corporations, and their subsidiaries.lawphi1.net

(b) "Public Officials" includes elective and appointive officials and employees, permanent
or temporary, whether in the career or non-career service, including military and police
personnel, whether or not they receive compensation, regardless of amount.

(c) "Gift" refers to a thing or a right to dispose of gratuitously, or any act or liberality, in
favor of another who accepts it, and shall include a simulated sale or an ostensibly onerous
disposition thereof. It shall not include an unsolicited gift of nominal or insignificant value
not given in anticipation of, or in exchange for, a favor from a public official or employee.

(d) "Receiving any gift" includes the act of accepting directly or indirectly, a gift from a
person other than a member of his family or relative as defined in this Act, even on the
occasion of a family celebration or national festivity like Christmas, if the value of the gift
is neither nominal nor insignificant, or the gift is given in anticipation of, or in exchange
for, a favor.

(e) "Loan" covers both simple loan and commodatum as well as guarantees, financing
arrangements or accommodations intended to ensure its approval.

(f) "Substantial stockholder" means any person who owns, directly or indirectly, shares of
stock sufficient to elect a director of a corporation. This term shall also apply to the parties
to a voting trust.

(g) "Family of public officials or employees" means their spouses and unmarried children
under eighteen (18) years of age.

(h) "Person" includes natural and juridical persons unless the context indicates otherwise.

(i) "Conflict of interest" arises when a public official or employee is a member of a board,
an officer, or a substantial stockholder of a private corporation or owner or has a substantial
interest in a business, and the interest of such corporation or business, or his rights or duties
therein, may be opposed to or affected by the faithful performance of official duty.

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(j) "Divestment" is the transfer of title or disposal of interest in property by voluntarily,


completely and actually depriving or dispossessing oneself of his right or title to it in favor
of a person or persons other than his spouse and relatives as defined in this Act.

(k) "Relatives" refers to any and all persons related to a public official or employee within
the fourth civil degree of consanguinity or affinity, including bilas, inso and balae.

Section 4. Norms of Conduct of Public Officials and Employees. - (A) Every public official and
employee shall observe the following as standards of personal conduct in the discharge and
execution of official duties:

(a) Commitment to public interest. - Public officials and employees shall always
uphold the public interest over and above personal interest. All government
resources and powers of their respective offices must be employed and used
efficiently, effectively, honestly and economically, particularly to avoid wastage in
public funds and revenues.

(b) Professionalism. - Public officials and employees shall perform and discharge
their duties with the highest degree of excellence, professionalism, intelligence and
skill. They shall enter public service with utmost devotion and dedication to duty.
They shall endeavor to discourage wrong perceptions of their roles as dispensers or
peddlers of undue patronage.

(c) Justness and sincerity. - Public officials and employees shall remain true to the
people at all times. They must act with justness and sincerity and shall not
discriminate against anyone, especially the poor and the underprivileged. They shall
at all times respect the rights of others, and shall refrain from doing acts contrary to
law, good morals, good customs, public policy, public order, public safety and
public interest. They shall not dispense or extend undue favors on account of their
office to their relatives whether by consanguinity or affinity except with respect to
appointments of such relatives to positions considered strictly confidential or as
members of their personal staff whose terms are coterminous with theirs.

(d) Political neutrality. - Public officials and employees shall provide service to
everyone without unfair discrimination and regardless of party affiliation or
preference.

(e) Responsiveness to the public. - Public officials and employees shall extend
prompt, courteous, and adequate service to the public. Unless otherwise provided by
law or when required by the public interest, public officials and employees shall
provide information of their policies and procedures in clear and understandable
language, ensure openness of information, public consultations and hearings
whenever appropriate, encourage suggestions, simplify and systematize policy,
rules and procedures, avoid red tape and develop an understanding and appreciation
of the socio-economic conditions prevailing in the country, especially in the
depressed rural and urban areas.

(f) Nationalism and patriotism. - Public officials and employees shall at all times be
loyal to the Republic and to the Filipino people, promote the use of locally produced
goods, resources and technology and encourage appreciation and pride of country

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and people. They shall endeavor to maintain and defend Philippine sovereignty
against foreign intrusion.

(g) Commitment to democracy. - Public officials and employees shall commit


themselves to the democratic way of life and values, maintain the principle of public
accountability, and manifest by deeds the supremacy of civilian authority over the
military. They shall at all times uphold the Constitution and put loyalty to country
above loyalty to persons or party.

(h) Simple living. - Public officials and employees and their families shall lead
modest lives appropriate to their positions and income. They shall not indulge in
extravagant or ostentatious display of wealth in any form.

(B) The Civil Service Commission shall adopt positive measures to promote (1) observance
of these standards including the dissemination of information programs and workshops
authorizing merit increases beyond regular progression steps, to a limited number of
employees recognized by their office colleagues to be outstanding in their observance of
ethical standards; and (2) continuing research and experimentation on measures which
provide positive motivation to public officials and employees in raising the general level of
observance of these standards.

Section 5. Duties of Public Officials and Employees. - In the performance of their duties, all public
officials and employees are under obligation to:lawphi1.net

(a) Act promptly on letters and requests. - All public officials and employees shall, within
fifteen (15) working days from receipt thereof, respond to letters, telegrams or other means
of communications sent by the public. The reply must contain the action taken on the
request.

(b) Submit annual performance reports. - All heads or other responsible officers of offices
and agencies of the government and of government-owned or controlled corporations shall,
within forty-five (45) working days from the end of the year, render a performance report
of the agency or office or corporation concerned. Such report shall be open and available to
the public within regular office hours.

(c) Process documents and papers expeditiously. - All official papers and documents must
be processed and completed within a reasonable time from the preparation thereof and must
contain, as far as practicable, not more than three (3) signatories therein. In the absence of
duly authorized signatories, the official next-in-rank or officer in charge shall sign for and
in their behalf.

(d) Act immediately on the public's personal transactions. - All public officials and
employees must attend to anyone who wants to avail himself of the services of their offices
and must, at all times, act promptly and expeditiously.

(e) Make documents accessible to the public. - All public documents must be made
accessible to, and readily available for inspection by, the public within reasonable working
hours.

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Section 6. System of Incentives and Rewards. - A system of annual incentives and rewards is
hereby established in order to motivate and inspire public servants to uphold the highest standards
of ethics. For this purpose, a Committee on Awards to Outstanding Public Officials and Employees
is hereby created composed of the following: the Ombudsman and Chairman of the Civil Service
Commission as Co-Chairmen, and the Chairman of the Commission on Audit, and two government
employees to be appointed by the President, as members.

It shall be the task of this Committee to conduct a periodic, continuing review of the performance
of public officials and employees, in all the branches and agencies of Government and establish a
system of annual incentives and rewards to the end that due recognition is given to public officials
and employees of outstanding merit on the basis of the standards set forth in this Act.

The conferment of awards shall take into account, among other things, the following: the years of
service and the quality and consistency of performance, the obscurity of the position, the level of
salary, the unique and exemplary quality of a certain achievement, and the risks or temptations
inherent in the work. Incentives and rewards to government officials and employees of the year to
be announced in public ceremonies honoring them may take the form of bonuses, citations,
directorships in government-owned or controlled corporations, local and foreign scholarship
grants, paid vacations and the like. They shall likewise be automatically promoted to the next
higher position with the commensurate salary suitable to their qualifications. In case there is no
next higher position or it is not vacant, said position shall be included in the budget of the office in
the next General Appropriations Act. The Committee on Awards shall adopt its own rules to
govern the conduct of its activities.

Section 7. Prohibited Acts and Transactions. - In addition to acts and omissions of public officials
and employees now prescribed in the Constitution and existing laws, the following shall constitute
prohibited acts and transactions of any public official and employee and are hereby declared to be
unlawful:

(a) Financial and material interest. - Public officials and employees shall not, directly or
indirectly, have any financial or material interest in any transaction requiring the approval
of their office.

(b) Outside employment and other activities related thereto. - Public officials and
employees during their incumbency shall not:

(1) Own, control, manage or accept employment as officer, employee, consultant,


counsel, broker, agent, trustee or nominee in any private enterprise regulated,
supervised or licensed by their office unless expressly allowed by law;

(2) Engage in the private practice of their profession unless authorized by the
Constitution or law, provided, that such practice will not conflict or tend to conflict
with their official functions; or

(3) Recommend any person to any position in a private enterprise which has a
regular or pending official transaction with their office.

These prohibitions shall continue to apply for a period of one (1) year after resignation,
retirement, or separation from public office, except in the case of subparagraph (b) (2)
above, but the professional concerned cannot practice his profession in connection with any

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matter before the office he used to be with, in which case the one-year prohibition shall
likewise apply.

(c) Disclosure and/or misuse of confidential information. - Public officials and employees
shall not use or divulge, confidential or classified information officially known to them by
reason of their office and not made available to the public, either:

(1) To further their private interests, or give undue advantage to anyone; or

(2) To prejudice the public interest.

(d) Solicitation or acceptance of gifts. - Public officials and employees shall not solicit or
accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of
monetary value from any person in the course of their official duties or in connection with
any operation being regulated by, or any transaction which may be affected by the
functions of their office.

As to gifts or grants from foreign governments, the Congress consents to:

(i) The acceptance and retention by a public official or employee of a gift of


nominal value tendered and received as a souvenir or mark of courtesy;

(ii) The acceptance by a public official or employee of a gift in the nature of a


scholarship or fellowship grant or medical treatment; or

(iii) The acceptance by a public official or employee of travel grants or expenses for
travel taking place entirely outside the Philippine (such as allowances,
transportation, food, and lodging) of more than nominal value if such acceptance is
appropriate or consistent with the interests of the Philippines, and permitted by the
head of office, branch or agency to which he belongs.

The Ombudsman shall prescribe such regulations as may be necessary to carry out the
purpose of this subsection, including pertinent reporting and disclosure requirements.

Nothing in this Act shall be construed to restrict or prohibit any educational, scientific or
cultural exchange programs subject to national security requirements.

Section 8. Statements and Disclosure. - Public officials and employees have an obligation to
accomplish and submit declarations under oath of, and the public has the right to know, their
assets, liabilities, net worth and financial and business interests including those of their spouses and
of unmarried children under eighteen (18) years of age living in their households.

(A) Statements of Assets and Liabilities and Financial Disclosure. - All public officials and
employees, except those who serve in an honorary capacity, laborers and casual or
temporary workers, shall file under oath their Statement of Assets, Liabilities and Net
Worth and a Disclosure of Business Interests and Financial Connections and those of their
spouses and unmarried children under eighteen (18) years of age living in their households.

The two documents shall contain information on the following:

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(a) real property, its improvements, acquisition costs, assessed value and current fair
market value;

(b) personal property and acquisition cost;

(c) all other assets such as investments, cash on hand or in banks, stocks, bonds, and
the like;

(d) liabilities, and;

(e) all business interests and financial connections.

The documents must be filed:

(a) within thirty (30) days after assumption of office;

(b) on or before April 30, of every year thereafter; and

(c) within thirty (30) days after separation from the service.

All public officials and employees required under this section to file the aforestated
documents shall also execute, within thirty (30) days from the date of their assumption of
office, the necessary authority in favor of the Ombudsman to obtain from all appropriate
government agencies, including the Bureau of Internal Revenue, such documents as may
show their assets, liabilities, net worth, and also their business interests and financial
connections in previous years, including, if possible, the year when they first assumed any
office in the Government.

Husband and wife who are both public officials or employees may file the required
statements jointly or separately.

The Statements of Assets, Liabilities and Net Worth and the Disclosure of Business
Interests and Financial Connections shall be filed by:

(1) Constitutional and national elective officials, with the national office of the
Ombudsman;

(2) Senators and Congressmen, with the Secretaries of the Senate and the House of
Representatives, respectively; Justices, with the Clerk of Court of the Supreme
Court; Judges, with the Court Administrator; and all national executive officials
with the Office of the President.

(3) Regional and local officials and employees, with the Deputy Ombudsman in
their respective regions;

(4) Officers of the armed forces from the rank of colonel or naval captain, with the
Office of the President, and those below said ranks, with the Deputy Ombudsman in
their respective regions; and

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(5) All other public officials and employees, defined in Republic Act No. 3019, as
amended, with the Civil Service Commission.

(B) Identification and disclosure of relatives. - It shall be the duty of every public official or
employee to identify and disclose, to the best of his knowledge and information, his relatives in the
Government in the form, manner and frequency prescribed by the Civil Service Commission.

(C) Accessibility of documents. - (1) Any and all statements filed under this Act, shall be made
available for inspection at reasonable hours.

(2) Such statements shall be made available for copying or reproduction after ten (10)
working days from the time they are filed as required by law.

(3) Any person requesting a copy of a statement shall be required to pay a reasonable fee to
cover the cost of reproduction and mailing of such statement, as well as the cost of
certification.

(4) Any statement filed under this Act shall be available to the public for a period of ten
(10) years after receipt of the statement. After such period, the statement may be destroyed
unless needed in an ongoing investigation.

(D) Prohibited acts. - It shall be unlawful for any person to obtain or use any statement filed under
this Act for:

(a) any purpose contrary to morals or public policy; or

(b) any commercial purpose other than by news and communications media for
dissemination to the general public.

Section 9. Divestment. - A public official or employee shall avoid conflicts of interest at all times.
When a conflict of interest arises, he shall resign from his position in any private business
enterprise within thirty (30) days from his assumption of office and/or divest himself of his
shareholdings or interest within sixty (60) days from such assumption.

The same rule shall apply where the public official or employee is a partner in a partnership.

The requirement of divestment shall not apply to those who serve the Government in an honorary
capacity nor to laborers and casual or temporary workers.

Section 10. Review and Compliance Procedure. - (a) The designated Committees of both Houses
of the Congress shall establish procedures for the review of statements to determine whether said
statements which have been submitted on time, are complete, and are in proper form. In the event a
determination is made that a statement is not so filed, the appropriate Committee shall so inform
the reporting individual and direct him to take the necessary corrective action.

(b) In order to carry out their responsibilities under this Act, the designated Committees of
both Houses of Congress shall have the power within their respective jurisdictions, to
render any opinion interpreting this Act, in writing, to persons covered by this Act, subject
in each instance to the approval by affirmative vote of the majority of the particular House
concerned.

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The individual to whom an opinion is rendered, and any other individual involved in a
similar factual situation, and who, after issuance of the opinion acts in good faith in
accordance with it shall not be subject to any sanction provided in this Act.

(c) The heads of other offices shall perform the duties stated in subsections (a) and (b)
hereof insofar as their respective offices are concerned, subject to the approval of the
Secretary of Justice, in the case of the Executive Department and the Chief Justice of the
Supreme Court, in the case of the Judicial Department.

Section 11. Penalties. - (a) Any public official or employee, regardless of whether or not he holds
office or employment in a casual, temporary, holdover, permanent or regular capacity, committing
any violation of this Act shall be punished with a fine not exceeding the equivalent of six (6)
months' salary or suspension not exceeding one (1) year, or removal depending on the gravity of
the offense after due notice and hearing by the appropriate body or agency. If the violation is
punishable by a heavier penalty under another law, he shall be prosecuted under the latter statute.
Violations of Sections 7, 8 or 9 of this Act shall be punishable with imprisonment not exceeding
five (5) years, or a fine not exceeding five thousand pesos (P5,000), or both, and, in the discretion
of the court of competent jurisdiction, disqualification to hold public office.

(b) Any violation hereof proven in a proper administrative proceeding shall be sufficient
cause for removal or dismissal of a public official or employee, even if no criminal
prosecution is instituted against him.

(c) Private individuals who participate in conspiracy as co-principals, accomplices or


accessories, with public officials or employees, in violation of this Act, shall be subject to
the same penal liabilities as the public officials or employees and shall be tried jointly with
them.

(d) The official or employee concerned may bring an action against any person who obtains
or uses a report for any purpose prohibited by Section 8 (D) of this Act. The Court in which
such action is brought may assess against such person a penalty in any amount not to
exceed twenty-five thousand pesos (P25,000). If another sanction hereunder or under any
other law is heavier, the latter shall apply.

Section 12. Promulgation of Rules and Regulations, Administration and Enforcement of this Act. -
The Civil Service Commission shall have the primary responsibility for the administration and
enforcement of this Act. It shall transmit all cases for prosecution arising from violations of this
Act to the proper authorities for appropriate action: Provided, however, That it may institute such
administrative actions and disciplinary measures as may be warranted in accordance with law.
Nothing in this provision shall be construed as a deprivation of the right of each House of Congress
to discipline its Members for disorderly behavior.

The Civil Service Commission is hereby authorized to promulgate rules and regulations necessary
to carry out the provisions of this Act, including guidelines for individuals who render free
voluntary service to the Government. The Ombudsman shall likewise take steps to protect citizens
who denounce acts or omissions of public officials and employees which are in violation of this
Act.

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Section 13. Provisions for More Stringent Standards. - Nothing in this Act shall be construed to
derogate from any law, or any regulation prescribed by any body or agency, which provides for
more stringent standards for its official and employees.

Section 14. Appropriations. - The sum necessary for the effective implementation of this Act shall
be taken from the appropriations of the Civil Service Commission. Thereafter, such sum as may be
needed for its continued implementation shall be included in the annual General Appropriations
Act.

Section 15. Separability Clause. - If any provision of this Act or the application of such provision
to any person or circumstance is declared invalid, the remainder of the Act or the application of
such provision to other persons or circumstances shall not be affected by such declaration.

Section 16. Repealing Clause. - All laws, decrees and orders or parts thereof inconsistent herewith,
are deemed repealed or modified accordingly, unless the same provide for a heavier penalty.

Section 17. Effectivity. - This Act shall take effect after thirty (30) days following the completion
of its publication in the Official Gazette or in two (2) national newspapers of general circulation.

Approved, February 20, 1989.

C. Teacher Welfare and Privileges


- The Magna Carta for Public School Teachers (RA 4670)

REPUBLIC ACT No. 4670 June 18, 1966


THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS

I. DECLARATION OF POLICY COVERAGE

Section 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.

Section 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.

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II. RECRUITMENT AND CAREER

Section 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.

Section 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.

Section 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.

Section 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.

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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.

Section 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.

Section 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.

Section 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.

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.

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Section 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.

Section 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

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, 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.

Section 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.1âшphi1 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.

Section 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.

Section 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

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progression from the minimum to the maximum of the salary scale shall not extend over a period
of ten years.

Section 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.

Section 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-of-living allowances of teachers
under its employ.

Section 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.

Section 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.

Section 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

Section 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.

Section 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.

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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.

Section 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.

Section 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

Section 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.

Section 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.

Section 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

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Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 35. This Act shall take effect upon its approval.

Approved: June 18, 1966

D. Teachers’ Rights, Duties and Responsibilities – The Education Act of 1982(BP 232)

[ BATAS PAMBANSA BLG. 232, September 11, 1982 ]

AN ACT PROVIDING FOR THE ESTABLISHMENT AND MAINTENANCE OF AN


INTEGRATED SYSTEM OF EDUCATION.

Be it enacted by the Batasang Pambansa in session assembled:


I. GENERAL PROVISIONS
Chapter 1
Preliminary Matters
SECTION 1. Title.—This Act shall be known as the "Education Act of 1982."
SEC. 2. Coverage.—This Act shall apply to and govern both formal and non-formal systems in
public and private schools in all levels of the entire educational system.
Chapter 2
Declaration op Basic State Policy and Objectives

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SEC. 3. Declaration of Basic Policy.—It is the policy of the State to establish and maintain a
complete, adequate and integrated system of education relevant to the goals of national
development. Toward this end, the government shall ensure, within the context of a free and
democratic system, maximum contribution of the educational) system to the attainment of the
following national developmental goals:

1. To achieve and maintain an accelerating rate of economic development and social progress;
2. To assure the maximum participation of all the people in the attainment and enjoyment of
the benefits of such growth; and
3. To achieve and strengthen national unity and consciousness and preserve, develop and
promote desirable cultural, moral and spiritual values in a changing world.

The State shall promote the right of every individual to relevant quality education, regardless of
sex, age, creed, socio-economic status, physical and mental conditions, racial or ethnic origin,
political or other affiliation. The State shall therefore promote and maintain equality of access to
education as well as the enjoyment of the benefits of education by all its citizens.
The State shall promote the right of the nation's cultural communities in the exercise of their right
to develop themselves within the context of their cultures, customs, traditions, interests and belief,
and recognizes education as an instrument for their maximum participation in national
development and in ensuring their involvement in achieving national unity.
SEC. 4. Declaration of Objectives.—The educational system aims to:

1. Provide for a broad general education that will assist each individual in the peculiar ecology
of his own society, to (a) attain his potentials as a human being; (b) enhance the range and
quality of individual and group participation in the basic functions of society; and (c)
acquire the essential educational foundation of his development into a productive and
versatile citizen;
2. Train the nation's manpower in the middle-level skills required for national development;
3. Develop the professions that will provide leadership for the nation in the advancement of
knowledge for improving the quality of human life; and
4. Respond effectively to changing needs and conditions of the nation through a system of
educational planning and evaluation.

Towards the realization of these objectives, and pursuant to the Constitution, all educational
institutions shall aim to inculcate love of country, teach the duties of citizenship, and develop
moral character, personal discipline, and scientific, technological, and vocational efficiency.
Furthermore, the educational system shall reach out to educationally deprived communities, in
order to give meaningful reality to their membership in the national society, to enrich their civic
participation in the community and national life, and to unify all Filipinos into a free and just
nation.
II. THE EDUCATIONAL COMMUNITY
Chapter 1
Preliminary Provisions
SEC. 5. Declaration of Policy and Objectives.—It is likewise declared government policy to foster,
at all times, a spirit of shared purposes and cooperation among the members and elements of the

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educational community, and between the community and other sectors of society, in the realization
that only in such an atmosphere can the true goals and objectives of education be fulfilled.
Moreover, the State shall:

1. Aid and support the natural right and duty of parents in the rearing of the youth through the
educational system.
2. Promote and safeguard the welfare and interests of the students by defining their rights and
obligations, according them privileges, and encouraging the establishment of sound
relationships between them and the other members of the school community.
3. Promote the social and economic status of all school personnel, uphold their rights, define
their obligations, and improve their living and working conditions and career prospects.
4. Extend support to promote the viability of those institutions through which parents,
students and school personnel seek to attain their educational goals.

SEC. 6. Definition and Coverage.—"Educational community" refers to those persons or groups of


persons as such, or associated in institutions involved in organized teaching and learning systems.
The members and elements of the educational community are:

1. "Parents" or guardians or the head of the institution or foster home which has custody of the
pupil or student.
2. "Students," or those enrolled in and who regularly attend an educational institution of
secondary or higher level or a person engaged in formal study. "Pupils" are those who
regularly attend a school of elementary level under the supervision and tutelage of a
teacher.
3. "School personnel," or all persons working for an educational institution, which includes
the following:
a. "Teaching or academic staff," or all persons engaged in actual teaching and/or
research assignments, either on full-time or part-time basis, in all levels of the
educational system.
b. "School administrators," or all persons occupying policy implementing positions
having to do with the functions of the school in all levels.
c. "Academic non-teaching personnel," or those persons holding some academic
qualifications and performing academic functions directly supportive of teaching,
such as registrars, librarians, guidance counsellors, researchers, research assistants,
research aides, and similar staff.
d. "Non-academic personnel," or all other school personnel not falling under the
definition and coverage of teaching and academic staff, school administrators and
academic non-teaching personnel.
4. "Schools," or institutions recognized by the State which undertake educational operations.

SEC. 7. Community Participation.—Every educational institution shall provide for the


establishment of appropriate bodies through which the members of the educational community
may discuss relevant issues, and communicate information and suggestions for assistance and
support of the school and for the promotion of their common interest.
Representatives from each subgroup of the educational community shall sit and participate in these
bodies, the rules and procedures of which must be approved by them and duly published.
Chapter 2

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Rights
SEC. 8. Rights of Parents.—In addition to other rights under existing laws, all parents who have
children enrolled in a school shall have the following rights:

1. The right to organize by themselves and/or with teachers for the purpose of providing a
forum for the discussion of matters relating to the total school program, and for ensuring
the full cooperation of parents and teachers in the formulation and efficient implementation
of such programs.
2. The right to access to any official record directly relating to the children who are under
their parental responsibility.

SEC. 9. Rights of Students in School.—In addition to other rights, and subject to the limitations
prescribed by law and regulations, students and pupils in all schools shall enjoy the following
rights:

1. The right to receive, primarily through competent instruction, relevant quality education in
line with national goals and conducive to their full development as persons with human
dignity.
2. The right to freely choose their field of study subject to existing curricula and to continue
their course therein up to graduation, except in cases of academic deficiency, or violation of
disciplinary regulations.
3. The right to school guidance and counselling services for making decisions and selecting
the alternatives in fields of work suited to his potentialities.
4. The right of access to his own school records, the confidentiality of which the school shall
maintain and preserve.
5. The right to the issuance of official certificates, diplomas, transcript of records, grades,
transfer credentials and other similar documents within thirty days from request.
6. The right to publish a student newspaper and similar publications, as well as the right to
invite resource persons during assemblies, symposia and other activities of similar nature.
7. The right to free expression of opinions and suggestions, and to effective channels of
communication with appropriate academic and administrative bodies of the school or
institution.
8. The right to form, establish, join and participate in organizations and societies recognized
by the school to foster their intellectual, cultural, spiritual and physical growth and
development, or to form, establish, join and maintain organizations and societies for
purposes not contrary to law.
9. The right to be free from involuntary contributions, except those approved by their own
organizations or societies.

SEC. 10. Rights of all School Personnel.—In addition to other rights provided for by law, the
following rights shall be enjoyed by all school personnel:

1. The right to free expression of opinion and suggestions, and to effective channels of
communication with appropriate academic and administrative bodies of the school or
institution.
2. The right to be provided with free legal service by the appropriate government office in the
case of public school personnel, and through the school authorities concerned in the case of
private school personnel, when charged in an administrative, civil and/or criminal
proceedings by parties other than the school or regulatory authorities concerned for actions

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committed directly in the lawful discharge of professional duties and/or in defense of


school policies.
3. The right to establish, join and maintain labor organizations and/or professional and self-
regulating organizations of their choice to promote their welfare and defend their interests.
4. The right to be free from involuntary contributions except those imposed by their own
organizations.

SEC. 11. Special Rights and/or Privileges of Teaching or Academic Staff.—Further to the rights
mentioned in the preceding Section, every member of the teaching or academic staff shall enjoy the
following rights and/or privileges :

1. The right to be free from compulsory assignments not related to their duties as defined in
their appointments or employment contracts, unless compensated therefor, conformably to
existing law.
2. The right to intellectual property consistent with applicable laws.
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.
4. Teachers shall be accorded the opportunity to choose alternative career lines either in
school administration, in classroom teaching, or others, for purposes of career
advancement.

SEC. 12. Special Rights of School Administrators.—School administrators shall, in accordance


with existing laws, regulations and policies of the Ministry of Education, Culture and Sports, be
accorded sufficient administrative discretion necessary for the efficient and effective performance
of their functions.
School administrators shall be deemed persons in authority while in the discharge of lawful duties
and responsibilities, and shall therefore be accorded due respect and protection.
SEC. 13. Rights of Schools.—In addition to other rights provided for by law, schools shall enjoy
the following:

1. The right of their governing boards or lawful authorities to provide for the proper
governance of the school and to adopt and enforce administrative or management systems.
2. The right for institutions of higher learning to determine on academic grounds who shall be
admitted to study, who may teach, and what shall be the subjects of the study and research.

Chapter 3
Duties and Obligations
SEC. 14. Duties of Parents.—In addition to those provided for under existing laws, all parents
shall have the following duties and obligations:

1. Parents, individually or collectively, through the school systems, shall help carry out the
educational objectives in accordance with national goals.
2. Parents shall be obliged to enable their children to obtain elementary education and shall
strive to enable them to obtain secondary and higher education in the pursuance of the right
formation of the youth.
3. Parents shall cooperate with the school in the implementation of the school program
curricular and co-curricular

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SEC. 15. Duties and Responsibilities of Students.—In addition to those provided for under existing
laws, every student shall:

1. Exert his utmost to develop his potentialities for service, particularly by undergoing an
education suited to his abilities, in order that he may become an asset to his family and to
society.
2. Uphold the academic integrity of the school, endeavor to achieve academic excellence and
abide by the rules and regulations governing his academic responsibilities and moral
integrity.
3. Promote and maintain the peace and tranquility of the school by observing the rules of
discipline, and by exerting efforts to attain harmonious relationships with fellow students,
the teaching and academic staff and other school personnel.
4. Participate actively in civic affairs and in the promotion of the general welfare, particularly
in the social, economic and cultural development of his community and in the attainment of
a just, compassionate and orderly society.
5. Exercise his rights responsibly in the knowledge that he is answerable for any infringement
or violation of the public welfare and of the rights of others.

SEC. 16. Teachers' Obligations.—Every teacher shall:

1. Perform his duties to the school by discharging his responsibilities in accordance with the
philosophy, goals and objectives of the school.
2. Be accountable for the efficient and effective attainment of specified learning objectives in
pursuance of national development goals within the limits of available school resources.
3. Render regular reports on performance of each student and to the latter and the latter's
parents or guardians with specific suggestions for improvement.
4. Assume the responsibility to maintain and sustain his professional growth and advancement
and maintain professionalism in his behavior at all times.
5. Refrain from making deductions in students' scholastic ratings for acts that are clearly not
manifestations of poor scholarship.
6. Participate as an agent of constructive social, economic, moral, intellectual, cultural and
political change in his school and the community within the context of national policies.

SEC. 17. School Administrators' Obligations.—Every school administrator shall:

1. Perform his duties to the school by discharging his responsibilities in accordance with the
philosophy, goals and objectives of the school.
2. Be accountable for the efficient and effective administration and management of the school.
3. Develop and maintain a healthy school atmosphere conducive to the promotion and
preservation of academe freedom and effective teaching and learning, and to harmonious
and progressive school-personnel relationship.
4. Assume and maintain professional behavior in his work and in dealing with students,
teachers, academic non-teaching personnel, administrative staff, and parents or guardians.
5. Render adequate reports to teachers, academic non-teaching personnel and non-academic
staff on their actual performance in relation to their expected performance and counsel
them on ways of improving the same.
6. Observe due process, fairness, promptness, privacy, constructiveness and consistency in
disciplining his teachers and other personnel.
7. Maintain adequate records and submit required reports to the Ministry of Education,
Culture and Sports.

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SEC. 18. Obligations of Academic Non-Teaching Personnel.—Academic non-teaching personnel


shall:

1. Improve himself professionally by keeping abreast of the latest trends and techniques in his
profession.
2. Assume, promote and maintain a professional attitude towards his work, students, teachers,
administrators and administrative staff and relate with them in a supportive and cordial
manner.
3. Promote and maintain an atmosphere conducive to service and learning.

III—THE EDUCATIONAL SYSTEMS


Chapter 1
Formal Education
SEC. 19. Declaration of Policy.—The State recognizes that formal education, or the school system,
is society's primary learning system, and therefore the main instrument for the achievement of the
country's educational goals and objectives.
SEC. 20. Definition.—"Formal Education" refers to the hierarchically structured and
chronologically graded learnings organized and provided by the formal school system and for
which certification is required in order for the learner to progress through the grades or move to
higher levels. Formal education shall correspond to the following levels:

1. Elementary Education—the first stage of compulsory, formal education primarily


concerned with providing basic education and usually corresponding to six or seven grades,
including pre-school programs.
2. Secondary Education—the stage of formal education following the elementary level
concerned primarily with continuing basic education and expanding it to include the
learning of employable gainful skills, usually corresponding to four years of high school.
3. Tertiary Education—post-secondary schooling is higher education leading to a degree in a
specific profession or discipline.

SEC. 21. Objectives of Elementary Education.—The objectives of elementary education are:

1. To provide the knowledge and develop the skills, attitudes, and values essential to personal
development and necessary for living in and contributing to a developing and changing
social milieu;
2. To provide learning experiences which increase the child's awareness of and responsiveness
to the changes in and just demands of society and to prepare him for constructive and
effective involvement;
3. To promote and intensify the child's knowledge of, identification with, and love for the
nation and the people to which he belongs; and
4. To promote work experiences which develop the child's orientation to the world of work
and creativity and prepare himself to engage in honest and gainful work.

SEC. 22. Objectives of Secondary Education.—The objectives of secondary education are:

1. To continue to promote the objectives of elementary education; and

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2. To discover and enhance the different aptitudes and interests of the student so as to equip
him with skills for productive endeavor and/or prepare him for tertiary schooling.

SEC. 23. Objectives of Tertiary Education.—The objectives of tertiary education are:

1. To provide a general education program that will promote national identity, cultural
consciousness, moral integrity and spiritual vigor;
2. To train the nation's manpower in the skills required for national development;
3. To develop the professions that will provide leadership for the nation; and
4. To advance knowledge through research work and apply new knowledge for improving the
quality of human life and responding effectively to changing societal needs and conditions.

Chapter 2
Non-formal Education and Specialized Educational Services
SEC. 24. Specialized Educational Service.—The State further recognizes its responsibility to
provide, within the context of the formal education system, services to meet special needs of
certain clientele. These specific types, which shall be guided by the basic policies of the State
embodied in the General Provisions of this Act, include:

1. "Work Education," or "Practical Arts," as a program of basic education which aims to


develop the right attitudes towards work; and "technical-vocational education," post-
secondary but non-degree programs leading to one - two, or three-year certificates in
preparation for a group of middle-level occupations.
2. "Special Education," the education of persons who are physically, mentally, emotionally,
socially, or culturally different from the so-called "normal" individuals that they require
modification of school practices/services to develop them to their maximum capacity; and
3. "Non-formal Education," any organized school-based educational activities undertaken by
the Ministry of Education, Culture and Sports and other agencies aimed at attaining specific
learning objectives for a particular clientele, especially the illiterates and the out-of-school
youth and adults, distinct from and outside the regular offerings of the formal school
system.

The objectives of non-formal education are as follows:

a. To eradicate illiteracy and raise the level of functional literacy of the population;
b. To provide unemployed and underemployed youth and adults with appropriate
vocational/technical skills to enable them to become more productive and effective citizens;
and
c. To develop among the clientele of non-formal education proper values and attitudes
necessary for personal, community and national development.

Chapter 3
Establishment of Schools
SEC. 25. Establishment of Schools.—All schools shall be established in accordance with law. The
establishment of new national schools and the conversion of existing schools from elementary to
national secondary schools or from secondary to national secondary or tertiary schools shall be by
law: Provided, That any private school proposed to be established must incorporate as a non-stock

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educational corporation in accordance with the provisions of the Corporation Code of the
Philippines. This requirement to incorporate may be waived in the case of family-administered pre-
school institutions.
Government assistance to such schools for educational programs shall be used exclusively for that
purpose.
SEC. 26. Definition of Terms.—The terms used in this Chapter are denned as follows:

1. "Schools" are duly established institutions of learning or educational institutions.


2. "Public Schools" are educational institutions established and administered by the
government.
3. "Private Schools" are educational institutions maintained and administered by private
individuals or groups.

SEC. 27. Recognition of Schools.—The educational operations of schools shall be subject to the


prior authorization of the government, and shall be effected by recognition. In the case of
government operated schools, whether local, regional, or national, recognition of educational
programs and/or operations shall be deemed granted simultaneously with establishment.
In all other cases the rules and regulations governing recognition shall be prescribed and enforced
by the Ministry of Education, Culture and Sports defining therein who are qualified to apply,
providing for a permit system, stating the conditions for the grant of recognition and for its
cancellation and withdrawal, and providing for related matters.
SEC. 28. Effects of Recognition; Punishable Violations.— The issuance of a certificate of
recognition to a school shall have the following effects:

1. It transforms the temporary permit to a permanent authority to operate;


2. It entitles the school or college to give the students who have completed the course for
which recognition is granted, a certificate, title or diploma; and
3. It shall entitle the students who have graduated from said recognized course or courses to
all the benefits and privileges enjoyed by graduates in similar courses of studies in all
schools recognized by the government.

Operation of schools and educational programs without authorization, and/or operation thereof in
violation of the terms of recognition, are hereby declared punishable violations subject to the
penalties provided in this Act.
SEC. 29. Voluntary Accreditation.—The Ministry shall encourage programs of voluntary
accreditation for institutions which desire to meet standards of quality over and above the
minimum required for State recognition.
Chapter 4
Internal Organization of School
SEC. 30. Organization of Schools.—Each school shall establish such internal organization as will
best enable it to carry out its academic and administrative functions, subject to limitations provided
by law.
Each school shall establish such arrangements for the peaceful settlement of disputes between or
among the members of the educational community.

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SEC. 31. Governing Board.—Every government college or university established as a tertiary


institution and every private school shall have a governing board pursuant to its charter or to the
Corporation Code of the Philippines, as the case may be.
SEC. 32. Personnel Transactions.—The terms and conditions of employment of personnel in
government schools shall be governed by the Civil Service, budgetary and compensation laws and
rules.
In private schools, disputes arising from employer-employee relations shall fall under the
jurisdiction of the Ministry of Labor and Employment as provided for by law and
regulations: Provided, That in view of the special employment status of the teaching and academic
non-teaching personnel, and their special roles in the advancement of knowledge, standards set or
promulgated jointly by the Ministry of Education, Culture and Sports and by the Ministry of Labor
and Employment shall be applied by the Ministry of Labor and Employment: Provided, further,
That every private school shall establish and implement an appropriate system within the school
for the prompt and orderly settlement of personnel disputes at the school level, subject to the
provisions of Articles 262 and 263 of the Labor Code.
Chapter 5
School Finance and Assistance
SEC. 33. Declaration of Policy.—It is hereby declared to be the policy of the State that the national
government shall contribute to the financial support of educational programs pursuant to the goals
of education as declared in the Constitution. Towards this end, the government shall:

1. Adopt measures to broaden access to education through financial assistance and other
forms of incentives to schools, teachers, pupils and students; and
2. Encourage and stimulate private support to education through, inter alia, fiscal and other
assistance measures.

A. Funding of Public Schools


SEC. 34. National Funds.—Public schools shall continue to be funded primarily from national
funds: Provided, That local governments shall be encouraged to assume operation of local public
schools on the basis of national fund participation and adequate revenue sources which may be
assigned by the national government for the purpose.
SEC. 35. Financial Aid and Assistance to Public Secondary Schools.—The national government
shall extend financial aid and assistance to public secondary schools established and maintained by
local governments, including barangay high schools.
SEC. 36. Share of Local Government.—Provinces, cities and municipalities and barangays shall
appropriate funds in their annual budgets for the operation and maintenance of public secondary
schools on the, basis of national fund participation.
SEC. 37. Special Education Fund.—The proceeds of the Special Education Fund accruing to local
governments shall be used exclusively for the purposes enumerated in Section 1 of Republic Act
No. 5447, and in accordance with rules and regulations issued by the Ministry of Education,
Culture and Sports and the Ministry of the Budget. Said proceeds shall be considered a local fund
and shall be subject to Presidential Decree No. 477, Presidential Decree No. 1375 and other
applicable local budget laws and regulations.

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SEC. 38. Tuition and other School Fees.—Secondary and post-secondary schools may charge
tuition and other school fees, in order to improve facilities or to accommodate more students.
SEC. 39. Income from other Sources.—Government-supported educational institutions may
receive grants, legacies, donations and gifts for purposes allowed by existing laws.
Furthermore, income generated from production activities and from auxiliary enterprises may be
retained and used for schools concerned in accordance with rules and regulations jointly issued
consistently with pertinent appropriation and budgetary laws by the Ministry of the Budget, the
Ministry of Education, Culture and Sports and the Commission on Audit.
B. Funding Of Private Schools
SEC. 40. Funding of Private Schools.—Private schools may be funded from their capital
investments or equity contributions, tuition fees and other school charges, grants, loans, subsidies,
passive investment income and income from other sources.
SEC. 41. Government Assistance.—The government, in recognition of their complementary role in
the educational system, may provide aid to the programs of private schools in the form of grants or
scholarships, or loans from government financial institutions: Provided, That such programs meet
certain defined educational requirements and standards and contribute to the attainment of national
development goals.
SEC. 42. Tuition and Other School Fees.—Each private school shall determine its rate of tuition
and other school fees or charges. The rates and charges adopted by schools pursuant to this
provision shall be collectible, and their application or use authorized, subject to rules and
regulations promulgated by the Ministry of Education, Culture and Sports.
SEC. 43. Income from. Other Sources.—Any private school duly recognized by the government,
may receive any grant and legacy, donation, gift, bequest or devise from any individual, institution,
corporation, foundation, trust or philanthropic organization, or research institution or organization
as may be authorized by law.
Furthermore, private schools are authorized to engage in any auxiliary enterprise to generate
income primarily to finance their educational operations and/or to reduce the need to increase
students' fees.
SEC. 44. Institutional Funds.—The proceeds from tuition fees and other school charges, as well as
other income of schools, shall be treated as institutional funds. Schools may pool their institutional
funds, in whole, or in part, under joint management for the purpose of generating additional
financial resources.
C. Incentives to Education
SEC. 45. Declaration of Policy.—It is the policy of the State in the pursuit of its national education
development goals to provide an incentive program to encourage the participation of the
community in the development of the educational sector.
SEC. 46. Relating to School Property.—Real property, such as lands, buildings and other
improvements thereon used actually, directly and exclusively for educational purposes shall be
subject to the real property tax based on an. assessment of fifteen percent of the market value of
such property: Provided, That all the proceeds from the payment thereof shall accrue to a special
private education ment thereof shall accure to a special private education fund which shall be
managed and disbursed by a local private school board which shall be constituted in each
municipality or chartered city with private educational institutions with the mayor or his

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representative as chairman and not more than two representatives of the institutional taxpayers,
and, likewise, not more than two residents of the municipality or chartered city who are alumni of
any of the institutional taxpayers as members: Provided, further, That fifty percent of the
additional one percent tax on real estate property provided for under Republic Act 5447, shall
accrue to the special private education fund: Provided, finally, That in municipalities or chartered
cities wherein the number of private institutions with individual enrollment of pupils and students
over five thousand exceeds fifteen, the members of the private school board shall be increased to
not more than fourteen members determined proportionately by the Minister of Education, Culture
and Sports. The private school board shall adopt its own rules which shall enable it to finance the
annual programs and projects of each institutional taxpayer for the following purposes; student-
pupil scholarships; improvement of instructional, including laboratory, facilities and/or equipment;
library books and periodicals acquisition; and extension service in the community, in that order of
priority.
SEC. 47. Relating to Gifts or Donations to Schools.— All gifts or donations in favor of any school,
college or university recognized by the Government shall not be subject to tax: Provided, That
such gifts or donations shall be for improvement of classrooms and laboratory or library facilities,
and shall not inure to the benefit of any officer, director, official, or owner or owners of the school,
or paid out as salary, adjustments or allowance of any form or nature whatsoever, except in support
of faculty and/or professorial chairs.
SEC. 48. Relating to Earnings from Established Scholarship Funds.—All earnings from the
investment of any duly established scholarship fund of any school recognized by the government,
constituted from gifts to the school, and/ or from contributions or other resources assigned to said
fund by the school, if said earnings are actually used to fund additional scholarship grants to
financially deserving students shall be exempt from tax until the scholarship fund is fully
liquidated, when the outstanding balance thereof shall be subject to tax.
SEC. 49. School Dispersal Program.—All gains realized from the sale, disposition or transfer of
property, real or personal, of any duly established private school, college or university, in
pursuance of a school dispersal program of the government or of the educational institution as
approved by the government, shall be considered exempt from tax if the total proceeds of the sale
are reinvested in a new or existing duly established school, college, or university located in the
dispersal site, within one (1) year from the date of such sale, transfer or disposition; otherwise, all
taxes due on the gains realized from the transaction shall immediately become due and payable.
SEC. 50. Conversion to Educational Foundations.—An educational institution may convert itself
into a non-stock, non-profit educational foundation, in accordance with the implementing rules to
be issued jointly by the Ministry of Education, Culture and Sports and the Ministry of Finance.
In the case of stock corporations, if for any reason its corporate existence as an educational
institution ceases and is not renewed, all its net assets after liquidation of the liabilities and other
obligations may be conveyed and transferred to any non-profit educational institution or successor
non-profit educational institution or to be distributed by a court to another organization to be used
in such manner as in the judgment of said court will best accomplish the general purposes for
which the dissolved organization was organized, or to the State.
D. Assistance to Students
SEC. 51. Government Assistance to Students.—The government shall provide financial assistance
to financially disadvantaged and deserving students. Such assistance may be in the form of State
scholarships, grants-in-aid, assistance from the Educational Loan Fund, or subsidized tuition rates
in State colleges and universities.

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All the above and similar assistance programs shall provide for reserve quotas for financially
needed but academically qualified students from the national cultural communities.
SEC. 52. Grant of Scholarship Pursuant to Existing Laws.—Educational institutions shall be
encouraged to grant scholarships to students pursuant to the provisions of existing laws and such
scholarship measures as may hereafter be provided for by law.
SEC. 53. Assistance from the Private Sector.—The private sector, especially educational
institutions, business and industry, shall be encouraged to grant financial assistance to students,
especially those undertaking research in the fields of science and technology or in such projects as
may be necessary within the context of national development.
IV. THE MINISTRY OF EDUCATION, CULTURE AND SPORTS
Chapter 1
General Provisions
SEC. 54. Declaration of Policy.—The administration of the education system and, pursuant to the
provisions of the Constitution, the supervision and regulation of educational institutions are hereby
vested in the Ministry of Education, Culture and Sports, without prejudice to the provisions of the
charter of any state college and university.
SEC. 55. Organization.—The Ministry shall be headed by the Minister of Education, Culture and
Sports who shall be assisted by one or more Deputy Ministers.
The organization of the Ministry shall consist of (a) the Ministry Proper composed of the
immediate Office of the Minister, and the Services of the Ministry, (b) the Board of Higher
Education, which is hereby established, (c) the Bureau of Elementary Education, the. Bureau of
Secondary Education, the Bureau of Higher Education, the Bureau of Technical and Vocational
Education, and the Bureau of Continuing Education, which are hereby established, (d) Regional
offices and field offices, (e) the National Scholarship Center and such other agencies as are now or
may be established pursuant to law, and (f) the cultural agencies, namely: the National Library, the
National Historical Institute, the National Museum, and the Institute of National Language. Such of
the above offices as are created or authorized to be established under this provision, shall be
organized and staffed and shall function, subject to the approval of the President, upon
recommendation of the Minister of Education, Culture and Sports in consultation with the
Presidential Commission on Reorganization.
SEC. 56. The National Board of Education is hereby abolished, and its appropriations, personnel,
records, and equipment are hereby transferred to the Office of the Minister of Education, Culture
and Sports.
SEC. 57. Functions and Powers of the Ministry.—The Ministry shall:

1. Formulate general education objectives and policies, and adopt long-range educational
plans;
2. Plan, develop and implement programs and projects in education and culture;
3. Promulgate rules and regulations necessary for the administration, supervision and
regulation of the educational system in accordance with declared policy;
4. Set up general objectives for the school system;
5. Coordinate the activities and functions of the school system and the various cultural
agencies under it;

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6. Coordinate and work with agencies concerned with the educational and cultural
development of the national cultural communities; and
7. Recommend and study legislation proposed for adoption.

SEC. 58. Report to the Batasang Pambansa.—The Minister of Education, Culture and Sports shall
make an annual report to the Batasang Pambansa on the implementation of the national basic
education plan, the current condition of the education sector, the effectiveness of the education
programs, the adequacy or deficiency of the appropriations and status of expenditures, the impact
of education on the different regions, the growth of enrollment, the adequacy of academic
facilities, the concentration of low income groups, or the supply of teaching and non-teaching
personnel, with such comments and appropriate recommendations thirty (30) days before the
opening of its regular session.
Chapter 2
Board of Higher Education
SEC. 59. Declaration of Policy.—Higher education will be geared towards the provision of better
quality education, the development of middle and high-level manpower, and the intensification of
research and extension services. The main thrust of higher education is to achieve equity,
efficiency, and high quality in the institutions of higher learning both public and private, so that
together they will provide a complete set of program offerings that meet both national and regional
development needs.
SEC. 60. Organization of the Board of Higher Education. —The Board of Higher Education is
reconstituted as an advisory body to the Minister of Education, Culture and Sports. The Board shall
be composed of a Deputy Minister of Education, Culture and Sports designated as Chairman and
four other members to be appointed by the President of the Philippines upon nomination by the
Minister of Education, Culture and Sports for a term of four years. The four members shall have
distinguished themselves in the field of higher education and development either in the public or
private sector. In the initial appointment of the non-ex officio members, the first appointee shall
serve for a term of four years; the second for a term of three years; the third for a term of two
years, and the fourth for a term of one year. The Director of the Bureau of Higher Education shall
participate in the deliberation of the Board but without the right to vote. The Bureau of Higher
Education shall provide the Board with the necessary technical and staff support: Provided, That
the Board may create technical panels of experts in the various disciplines as the need arises.
SEC. 61. Functions of the Board of Higher Education.— The Board shall:

1. Make policy recommendations regarding the planning and management of the integrated
system of higher education and the continuing evaluation thereof.
2. Recommend to the Minister of Education, Culture and Sports steps to improve the
governance of the, various components of the higher education system at national and
regional levels.
3. Assist the Minister of Education, Culture and Sports in making recommendations relative
to the generation of resources and their allocation for higher education.

Chapter 3
The Bureaus
SEC. 62. Bureau of Elementary Education.— The Bureau shall perform the following functions:

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1. Conduct studies and formulate, develop, and evaluate programs and educational standards
for elementary education;
2. Undertake studies necessary for the preparation of prototype curricular designs,
instructional materials, and teacher training programs for elementary education; and
3. Formulate guidelines to improve elementary school physical plants and equipment, and
general management of these schools.

SEC. 63. Bureau of Secondary Education.—The, Bureau shall perform the following functions:

1. Conduct studies and formulate, develop and evaluate programs and educational standards
for secondary education;
2. Develop curricular designs, prepare instructional materials, and prepare and evaluate
programs to upgrade the quality of the teaching and non-teaching staff at the secondary
level;
3. Formulate guidelines to improve the secondary school physical plants and equipment, and
general management of these schools.

SEC. 64. Bureau of Technical mid Vocational Education. — The Bureau shall perform the
following:

1. Collaborate with other agencies in the formulation of manpower plans;


2. Conduct studies, formulate, develop and evaluate post-secondary vocational-technical
programs and recommend educational standards for these programs;
3. Develop curricular designs and prepare instructional materials, prepare and evaluate
programs to upgrade the quality of teaching and non-teaching staff, and formulate
guidelines to improve the physical plant and equipment of post-secondary vocational-
technical schools.

SEC. 65. Bureau of Higher Education. — The Bureau of Higher Education shall perform the
following functions:

1. Develop, formulate and evaluate programs, projects and educational standards for a higher
education;
2. Provide staff assistance to the Board of Higher Education in its policy formulation and
advisory functions;
3. Provide technical assistance to encourage institutional development programs and projects;
4. Compile analyze and evaluate data on higher education; and
5. Perform other functions provided for by law.

SEC. 66. Bureau of Continuing Education.—As the main implementing arm of the non-formal
education programs of the Ministry, the Bureau shall provide learning programs or activities that
shall:

1. Serve as a means of meeting the learning needs of those unable to avail themselves of the
educational services and programs of formal education;
2. Provide opportunities for the acquisition of skills necessary to enhance and ensure
continuing employability, efficiency, productivity, and competitiveness in the labor market;
3. Serve as a means for expanding access to educational opportunities to citizens of varied
interests, demographic characteristics and socio-economic origins or status.

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Chapter 4
Regional Offices
SEC. 67. Functions. —A regional office shall:

1. Formulate the regional plan of education based on the national plan of the Ministry taking
into account the specific needs and special traditions of the region;
2. Implement education laws, policies, plans, programs, rules and regulations of the Ministry
or agency in the regional area;
3. Provide economical, efficient and effective education services to the people in the area.

V. MISCELLANEOUS PROVISIONS
Chapter 1
Penal and Administrative Sanctions

SEC. 68. Penalty Clause. —Any person upon conviction for an act in violation of Section 28,
Chapter 3, Title. III above, shall be punished with a fine of not less than two thousand pesos
(P2,000.00) nor more than ten thousand pesos (P10,000.00) or imprisonment for a maximum
period of two (2) years, or both, in the discretion of the court.
If the act is committed by a school corporation, the school head together with the person or persons
responsible for the offense or violation shall be equally liable.
SEC. 69. Administrative Sanction. —The Minister of Education, Culture and Sports may prescribe
and impose such administrative sanction as he may deem reasonable and appropriate in the
implementing rules and regulations promulgated pursuant to this Act for any of the following
causes:

1. Mismanagement of school operations;


2. Gross inefficiency of the teaching or non-teaching personnel;
3. Fraud or deceit committed in connection with the application for Ministry permit or
recognition;
4. Failure to comply with conditions or obligations prescribed by this Code or its
implementing rules and regulations; and
5. Unauthorized operation of a school, or course, or any component thereof, or any violation
of the requirement governing advertisements or announcements of educational institutions.

Sanctions against the schools shall be without prejudice to the interest of the students, teachers and
employees.
Chapter 2
Administrative Provisions
SEC. 70. Rule-making Authority. —The Minister of Education, Culture and Sports charged with
the administration and enforcement of this Act, shall promulgate the necessary implementing rules
and regulations.
SEC. 71. Separability Provision. — Any part or provision of this Act which may be held invalid or
unconstitutional shall not affect its remaining parts or provisions.
SEC. 72. Repealing Clause. — All laws or parts thereof inconsistent with any provision of this Act
shall be deemed repealed or modified, as the case may be.

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SEC. 73. Effectivity. — This Act shall take effect upon its approval.
Approved, September 11, 1982.

E. Teachers as Persons in Authority (CA 578)

[ Commonwealth Act No. 578, June 08, 1940 ]

AN ACT TO AMEND ARTICLE ONE HUNDRED FIFTY-TWO OF THE REVISED PENAL


CODE, SO AS TO INCLUDE TEACHERS, PROFESSORS, AND PERSONS CHARGED WITH
THE SUPERVISION OF PUBLIC OR DULY RECOGNIZED PRIVATE SCHOOLS,
COLLEGES, AND UNIVERSITIES, WITHIN THE TERM "PERSONS IN AUTHORITY."

Be it enacted by the National Assembly of the Philippines:

SECTION 1. Article one hundred fifty-two of Act Numbered Three thousand eight hundred and
fifteen, known as the Revised Penal Code, is amended to read as follows:

"ART. 152. Persons in authority - Who shall be deemed as such. - In applying the provisions of the
preceeding and other articles of this Code, any persons directly vested with jurisdiction, whether as
in individual or as a member of some court or governmental corporation, board or commission,
shall be deemed a person in authority.

"In applying the provisions of articles one hundred forty-eight and one hundred fifty-one of this
Code, teachers, professors, and persons charged with the supervision of public or duly recognized
private schools, colleges, and universities, shall be deemed persons in authority."
SEC. 2. This Act shall take effect on its approval.

Enacted, without Executive approval, June 8, 1940.

LEARNING POINTS

Teaching is a challenging but very rewarding profession, with teachers playing an essential


part in helping children and young people to acquire and develop the knowledge and skills they
will need in later life. Likewise, Professionalization can be seen as having two strands. One strand
is concerned with the improvement of status. The other strand is concerned with the improvement
of the capacity of members to enhance the quality of service which is provided. The knowledge
base of teaching became more extensive. On the other hand, professional ethics are principles that
govern the behavior of a person or group in a business environment. Like values, professional
ethics provide rules on how a person should act towards other people and institutions in such an
environment. Ethical principles underpin all professional codes of conduct. Ethical principles may

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differ depending on the profession; for example, professional ethics that relate to medical
practitioners will differ from those that relate to lawyers or real estate agents.

However, there are some universal ethical principles that apply across all professions,
including:

 honesty

 trustworthiness

 loyalty

 respect for others

 adherence to the law

 doing good and avoiding harm to others

 accountability.

Professional codes of conduct draw on these professional ethical principles as the basis for
prescribing required standards of behavior for members of a profession. They also seek to set out
the expectations that the profession and society have of its members.

The intention of codes of conduct is to provide guidelines for the minimum standard of
appropriate behavior in a professional context. Codes of conduct sit alongside the general law of
the land and the personal values of members of the profession.

However, it has something to do with the knowledge of the legal system which provides


the foundation from which one can begin to understand and apply the principles of constitutional,
administrative, and judicial law to school settings. The courts have played an important role in the
development of the educational system at both the federal and state levels. In terms of Teachers’
welfare and privileges, rights, duties and responsibilities and many more.

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LEARNING ACTIVITIES

Review Exercises
Name: _________________________________ Date: _________
Year & Section__________________________ Score: __________

Activity 1.1 Critical Questions: Reflect and write your answer to the following questions
1.Does the professionalization of teaching have an impact on you as a future teacher?
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
______________________________________________________________________.

2. The Board of Professional Teachers is described as a collegial body in Sec.5 Article II of RA


7836. What does collegial body mean?
_______________________________________________________________________________
_______________________________________________________________________________
________________________________________________________________________.

3. What is required of teachers covered by Section 26 of RA 9293 who have not practice their
profession for the past five years?
_______________________________________________________________________________
_______________________________________________________________________________
_________________________________________________________________________.

4. Explain the meaning of “exigencies of the service” referred to in Section 6 of the magna carta as
regards transfer of a teacher from one station to another.
_______________________________________________________________________________
___________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________.

5. Actual classroom teaching a day should not exceed six hours. What can be some reasons behind
this limit on teaching hours?

_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
___________________________________________________________________________.

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6.What is the importance of Batas Pambansa Blg.232?


____________________________________________________________________________
____________________________________________________________________________
_____________________________________________________________________________
____________________________________________________________________________

Review Exercises
Name: _________________________________ Date: _________
Year & Section__________________________ Score: __________

Activity 1.2. Choose the letter of the correct answer. Write the letter only from the space provided

_______1. Toward the end of the school year, the mother of one of the candidates for honors visits you
to ask about her child’s chances of graduating with honors. She brings a basket of fruits in season for
you. What should you do?

a. Reject the basket of fruits and tell her that you have enough at home.
b. Accept the fruits and assure the mother that the daughter will be given honor student.
c. Respectfully reject the offer and explain that you might be accused of bribery.
d. Explain the chance of the daughter objectively and graciously accept the offer.

_______2. Which of the following is NOT correct under the Code of Ethics for Teachers regarding
teacher and business?

a. No teacher shall act, directly or indirectly, as agent of, or be financially interested in any commercial
venture which furnishes textbooks and other school commodities.
b. A teacher has no right to engage, directly or indirectly, in legitimate income generation.
c. 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.
d. None of the above.

________3. Every teacher shall participate in the_____ program of the PRC and shall pursue other
studies as will improve his efficiency, prestige, and strengthen his or her competence.

a. Professional Enhancement
b. Maximizing Learning Competence
c. Continuing Educational Enhancement
d. Continuing Professional Education

_______4. During the distribution of the report card, which of the following must be the foremost
concern of a teacher?

a. Discuss the projects of the school.


b. Discuss the progress as well as the deficiencies of the students.
c. Discuss the unsettled bill of the students.
d. Discuss the complaints of other teachers and classmates of the students.

________5. Miss Reyes is a new teacher like you. During her first few weeks in school, she felt like
quitting teaching. At the end of the day she is totally burned out. If you were in her place from whom
will you ask assistance?

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a. from the principal


b. from the parents
c. from co-teachers
d. from pupils

REFERENCES

Salandanan, Gloria G.Methods of Teaching . LORIMAR Publishing, INC.

Salandanan,Gloria G.Elements of Good Teaching LORIMAR Publishing, INC.

Salandanan, Gloria G.Teaching and the Teacher. LORIMAR Publishing, INC.

Pawilen ,Greg T..Copyright 2019.Teaching Profession Passion and Mission Second Edition.REX
Bookstore Publishing Co.

BilbaoPurita et.al.Copyright 2012.The Teaching Profession,Second Edition.LORIMAR Publishing,


Inc.

BilbaoPurita et.al.Copyright 2018.The Teaching Profession, Fourth Edition.LORIMAR Publishing,


Inc.

BilbaoPurita et.al.Copyright 2006.The Teaching Profession,LORIMAR Publishing, Inc

. Prepared by : DR .SHIRLEY L. MILANES


Faculty/Program Chair, Beed &
BTEd

PANGASINAN STATE UNIVERSITY 56

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