Direction: Identify the law which applies for the following situations, cite the exact provision

or article from the law. Explain your understanding on the cited provision/article in each
given item.

1. Mr. Jed Rojas, a LET passer, applied in a certain public school. He passed the
competitive examination and was given rank. Later, he was just told that he lost the item
because he is not a practicing Catholic (Magna Carta for Public School Teachers).

II. RECRUITMENT AND CAREER Section 10. No Discrimination. There shall be no discrimination
whatsoever in entrance to the teaching profession, or during its exercise, or in the termination of
services, based on other than professional consideration.
2. Mrs. Letecia Soy was summoned in the office of the principal because of frequent
phone calls from credit and loan agencies demanding that she be advised by the principal
to pay her outstanding credit loan (Code of Ethics).
Article X The Teacher and Business 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.
3. Miss Gina Lo, a public school teacher, has been a perfect attendance awardee for 10
years. She files one year leave with pay because she is given scholarship to study abroad but
her principal does not want to give her the permission (Magna Carta for Public School
Teachers).

II. RECRUITMENT AND CAREER 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.

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.

4. Lindy, a Grade 2 pupil reported to her teacher that she is always beaten by her
stepfather and showed to her teacher her bruised legs (Family Code).
TITLE IX
PARENTAL AUTHORITY
Chapter 2. Substitute and Special Parental Authority
Art. 217. In case of foundlings, abandoned neglected or abused children and other children similarly
situated, parental authority shall be entrusted in summary judicial proceedings to heads of children’s
homes, orphanages and similar institutions duly accredited by the proper government agency. (314a)

5. Miss Dugnit, a kindergarten teacher did not include in her documents that she has a
live-in partner (Code of Ethics Resolution No. 435).
Article III The Teacher and the Community 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 excessive, much less illicit relations.
6. The teacher made her students stand under the heat of the sun because of not doing
their assignments (Family Code) (Code of Ethics Resolution No. 435).

Article VIII The Teachers and Learners Section 8. A teacher shall not inflict corporal
punishment on offending learners nor make deduction from their scholastic ratings as a
punishment for acts which are clearly not manifestation of poor scholarship.

TITLE IX

PARENTAL AUTHORITY

CHAPTER 1. GENERAL PROVISIONS

Art. 209. Pursuant to the natural right and duty of parents over the person and property of their
unemancipated children, parental authority and responsibility shall include the caring for and
rearing them for civic consciousness and efficiency and the development of their moral, mental
and physical character and well-being. (n)

7. The teacher asks the student leader to take over the class because of a family
emergency. Seatwork is left by the teacher for the student leader to supervise (Education
Act of 1982).

CHAPTER 2
Rights

Section 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.

8. The teacher failed to give first aid treatment to Antonio who accidentally bumped his
nose at the doorknob. Antonio went home with bleeding nose (Family Code).
TITLE IX

PARENTAL AUTHORITY
Chapter 2. Substitute and Special Parental Authority
Art. 218. The school, its administrators and teachers, or the individual, entity or institution engaged in
child are shall have special parental authority and responsibility over the minor child while under their
supervision, instruction or custody.
Authority and responsibility shall apply to all authorized activities whether inside or outside the premises
of the school, entity or institution. (349a)

9. The teacher jokingly calls his favorite Grade 9 student “Darling” and invites her for a
date (Republic Act No. 7877).

SECTION 3. Work, Education or Training -Related, Sexual Harassment Defined.

– Work, education or training-related sexual harassment is committed by an
employer, employee, manager, supervisor, agent of the employer, teacher,
instructor, professor, coach, trainor, or any other person who, having authority,
influence or moral ascendancy over another in a work or training or education
environment, demands, requests or otherwise requires any sexual favor from the
other, regardless of whether the demand, request or requirement for submission
is accepted by the object of said Act.

(a) In a work-related or employment environment, sexual harassment is

committed when:

(1) The sexual favor is made as a condition in the hiring or in the

employment, re-employment or continued employment of said individual, or in
granting said individual favorable compensation, terms of conditions, promotions,
or privileges; or the refusal to grant the sexual favor results in limiting,
segregating or classifying the employee which in any way would discriminate,
deprive ordiminish employment opportunities or otherwise adversely affect said
employee;
 (2) The above acts would impair the employee’s rights or privileges
under existing labor laws; or

(3) The above acts would result in an intimidating, hostile, or

offensive environment for the employee.

(b) In an education or training environment, sexual harassment is

committed:

(1) Against one who is under the care, custody or supervision of the
offender;

(2) Against one whose education, training, apprenticeship or tutorship is

entrusted to the offender;

(3) When the sexual favor is made a condition to the giving of a

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

(4) When the sexual advances result in an intimidating, hostile or

offensive environment for the student, trainee or apprentice.

Any person who directs or induces another to commit any act of sexual
harassment as herein defined, or who cooperates in the commission thereof by
another without which it would not have been committed, shall also be held
liable under this Act.

10. Mrs. Chona Lim always refuses her principal in asking her to attend seminars that will
help her improve her teaching competencies. She claims that she has nothing more to learn
as a teacher (Education Act of 1982).

CHAPTER 3
Duties and Obligations

Section 16. Teacher's 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 and 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 rating 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.

TITLE IX
PARENTAL AUTHORITY
Chapter 2. Substitute and Special Parental Authority
Art. 217. In case of foundlings, abandoned neglected or abused children and other children similarly
situated, parental authority shall be entrusted in summary judicial proceedings to heads of children’s
homes, orphanages and similar institutions duly accredited by the proper government agency. (314a)

Art. 218. The school, its administrators and teachers, or the individual, entity or institution engaged in
child are shall have special parental authority and responsibility over the minor child while under their
supervision, instruction or custody.
Authority and responsibility shall apply to all authorized activities whether inside or outside the premises
of the school, entity or institution. (349a)

Art. 129. Those given the authority and responsibility under the preceding Article shall be
principally and solidarily liable for damages caused by the acts or omissions of the
unemancipated minor. The parents, judicial guardians or the persons exercising substitute
parental authority over said minor shall be subsidiarily liable.

The respective liabilities of those referred to in the preceding paragraph shall not apply if it is
proved that they exercised the proper diligence required under the particular circumstances.

All other cases not covered by this and the preceding articles shall be governed by the provisions
of the Civil Code on quasi-delicts. (n)