Module 4: Understanding the Rights and Privileges of

Teachers in the Philippines

Introduction
Teaching is the noblest profession and teachers are expected to exhibit
technical and moral competence. As professionals and as persons they also need
support and protection from the state while executing their responsibilities to the
learning community.

This Module 4 will help you understand the rights and privileges of teachers in
the Philippines.

Learning
Outcomes
After going through this Module, you are expected to discuss the rights and
privileges of teachers in the Philippines as mandated by the legal laws.

Learning
Contents

The following legal laws will be used as our references in understanding the
rights and privileges of the teachers:

The 1987 Philippine Constitution

Batas Pambansa 232
Republic Act No. 4670 – The Magna Carta for Public School Teachers
Commonwealth Act No. 578

Teaching and Learning

Activities
Let’s discuss
Article 3 of the Civil Code of the Philippines indicates that, “Ignorance of the
law excuses no one from compliance therewith”. It is therefore the obligation of
the government to inform or disseminate to the public the existing laws or any
amendments in the current laws. On the other hand, it is also important for every
individual to know the existence of the law and its application or interpretation.

In connection to our lesson here in Module 4, we will only learn specific laws
that governs the rights and privileges of teachers.

But , before that, let us learn first the difference between rights and privileges.
Please read the comparison of the two which I got from this source:
www.differencebetween.com/difference-between-right-and-vs-privilege/

Module 4. Understanding the Rights and Privileges of Teachers in the Philippines Page 1
 Difference Between Right and Privilege
Privileges and rights are parts of most constitutions in democracies around the
world. People know the literal meanings of both these words but confuse
between the two concepts these days as they want their privileges just like their
rights. Rights are granted by the constitution to individuals while privileges are
those that provide immunity, benefit, or exemption to certain people or groups.
Problems begin when people think of privilege as their right as they equate the
two rather than being grateful for being given privileges. This article attempts to
make the two concepts clear so that people treat privileges differently from the
rights granted to them.

Right
Rights are societal norms in the form of freedoms that are available to people by
virtue of being citizens of a country or as members of a society. Rights are
considered as fundamental and inalienable. All citizens of a country are granted
certain rights under the constitution. In fact, it would be wrong to say that rights
are granted as they are there to be taken or claimed by people and said to be
fundamental in nature. Right to life is considered to be the most basic or
fundamental of human rights and no human being can be denied this right under
any condition or pretext. Right to freedom or liberty is another basic right that
is inalienable and has to be claimed if not given by a government to its people.
Many of the rights that are so dear to the hearts of people such as right to vote,
right to work, right to move freely inside the country, right to choose profession,
right to profess a religion or the recent right to education have gradually evolved
with the passage of time and enlightenment of people. Right to equality is a right
that has taken centuries to be accepted and declared legal in many countries.
This is one right that ensures that there can be no discrimination on the basis of
color of skin, gender, religion, language, ethnicity etc. Today there is a world of
rights as we see animal’s rights, people’s rights, and children’s rights and so on.
There are natural rights that flow from being human beings, and there are legal
rights that are different in different cultures.

Privilege
A privilege is a special benefit or permission granted to an individual or a group
based upon status, class, rank, title, or special talent. Thus, privilege is a special
right not available to all members of the society but is rather restricted to a
chosen few in the society. While some members of the society enjoy this right,
others are excluded or denied these rights. For example, members of parliament
are granted certain rights that are not available to common citizens. MPs are
protected from any legal action for their behavior inside the parliament which is
considered as an immunity or privilege granted to them under the law. Immunity
to diplomats from regular checking at airports in the country is a case of a
privilege that these people enjoy.

What is the difference between Right and Privilege?

• Right is available to all citizens while privilege is granted to individuals and
groups on the basis of their status, rank, title or membership in a group.
• Suffrage or the right to vote today was available to white males only at one
point of time. It was a privilege then but a right now.
• Many of the rights today were once privileges granted to higher classes.
• Privileges are exclusive rights that are available to a chosen few.
• Privileges are conditional and can be withdrawn while rights are inherent and
cannot be withdrawn.

Now, that you already know the difference between right and privilege, I
hope that this will guide you in interpreting and applying the provisions in the laws
that governs the teaching profession.

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 You have to remember that although the state is required to give support and
protection to the teachers, it is also the responsibility of the teachers to know what
the government can do for them.

First, let’s look into the 1987 Philippine Constitution. You can visit this link:
https://www.lawphil.net/consti/cons1987.html for a copy of the Constitution. I
encourage you to read it and relearn what were discussed to you by your teacher in
your lesson on Philippine Constitution.

Look closer with the Article XIV, section 5, which focuses mainly on the
Education, Science and Technology, Arts, Culture, and Sports. Please, take note of
paragraphs 4 and 5.
The Philippine Constitution
Article XIV
Section 5
(1) The State shall take into account regional and sectoral needs and conditions and
shall encourage local planning in the development of educational policies and
programs.

(2) Academic freedom shall be enjoyed in all institutions of higher

learning.

(3) Every citizen has a right to select a profession or course of study,

subject to fair, reasonable, and equitable admission and academic
requirements.

(4) The State shall enhance the right of teachers to professional

advancement. Non -teaching academic and non -academic personnel
shall enjoy the protection of the State.
(5) The State shall assign the highest budgetary priority to education
and ensure that teaching will attract and retain its rightful share of
the best available talents through adequate remuneration and other
means of job satisfaction and fulfilment.

As you read in paragraph 4, the state has the responsibility to protect the
teachers and shall support the right of teachers to professional development giving
them opportunities to attend trainings, conferences, and even to pursue advance
studies. In paragraph 5, it is mentioned that the state/government shall appropriate
the highest budget to education and this include salaries and other benefits for
teachers to ensure that teaching profession will gain its share of best talents that will
also lead to quality education for learners.

Now, let’s read some portion of the Batas Pambansa Blg. 232 or the
Education Act of 1982.

This was an act providing for the establishment and maintenance of an

integrated system of education. In accordance with Section 2, this act shall apply to
and govern both formal and non-formal system in public and private schools in all
levels of the entire education system.

The following are the provisions regarding the rights and/or privileges of
teachers and school personnel and administrators under the Batas Pambansa 232.
You can also visit this link:
https://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.html

Module 4. Understanding the Rights and Privileges of Teachers in the Philippines Page 3
 Batas Pambansa Blg. 232 (Education Act of 1982)
Section Rights of all school personnel
10 1. 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
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 personnel, when charge in case of private school
personnel, when charged in administrative, civil and/or criminal proceedings by
parties other than the school or regulatory authorities concerned for actions
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.

Section Special Rights and/or Privileges of Teaching or Academic Staff

11
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.

Section Special Rights of School Administrators

12 1. Sufficient administrative discretion necessary for the efficient and effective
performance of their functions.
2. School administrators are deemed persons in authority while in the discharge of
lawful duties and responsibilities, and shall therefore be accorded due respect and
protection.

Here, we can see that there are provisions which are applicable to all and that,
there are provisions considered as special rights. For example, on the part of the
administrators, they are given sufficient administrative discretion or will, which is not
given to teachers without managerial function. Section 11 and 12 indicates that
teachers (including teaching staff & administrators ) are considered persons in
authority. This is also in accordance with Commonwealth 578 enacted in June 8,
1940 with its title below:

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.

This Act also provided a penalty of imprisonment and a fine upon any person found guilty of
assault upon those teaching personnel. This means that teachers cannot be attacked
physically when performing their duties. This law protects the teachers from being physically
harmed by parents and other individuals who may have grudges against them.

I encourage you also to read the rights of parents and students under this law
(B.P. 232) for you to know how to properly and legally perform your duty as future
teachers.

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 Moreover, under Republic Act No. 4670, also known as “Magna Carta for
Public School Teachers”, which was approved on June 18, 1966, personal and
professional conditions of teachers were considered. Its main goal is to promote and
improve the social and economic status of public school teachers, their living and
working conditions, their employment and career prospects. It also provided
provisions on the following: recruitment and qualification, consent for transfer, code
of professional conduct of teachers, safeguards in disciplinary procedure, no
discrimination, married teachers, academic freedom, actual classroom teaching,
additional compensation, salary scale, cost of living allowance, special hardship
allowance, deductions prohibited, free medical examination, study leave, indefinite
leave, salary increase upon retirement, freedom to establish and to join organizations
of their choice.

Visit the links below to have a copy of the whole content of this Republic Act
and some amendments to the Act. Carefully analyse every section, be familiar with
them, and participate in our class discussion.
https://www.chanrobles.com/Republic Act No. 4670, Magna Carta for... · PDF file
www.senate.gov.ph/lisdata/17081055!.pdf

Activity 4.1

Below are some of the rights of teachers in the Philippines. For your activity,
provide the missing information in each columns and add at least three other rights
and/or privileges which you have read from the sources provided or from your own
other sources.
Privileges and Rights of Teachers in the Philippines
Rights/Privileges Provision statements Source laws Specific
article/section
in the law
Authority,  “Teachers and school administrators Commonwealth Act Section 1
respect, and are persons in authority when in lawful No. 578
protection discharge of duties and
responsibilities… [and] shall therefore Batas Pambansa Blg. Section 11 &
be accorded due respect and 232 or The Education 12
protection.” Act of 1982

Fair wages  The 1987

Constitution of the
Republic of the
Philippines

Punishment  “This [imposes]... a penalty of Commonwealth Act

against imprisonment ranging from six months No. 578
attackers and one day to six years and a fine
ranging from 500 to 1,000 pesos upon
any person found guilty of assault upon
those teaching personnel.”

Professional  The 1987

development Constitution of the
Republic of the
Philippines

Freedom of  “Free expression of opinions and Batas Pambansa Blg.

expression suggestions...” 232 or The Education
Act of 1982

Module 4. Understanding the Rights and Privileges of Teachers in the Philippines Page 5
Rights/Privileges Provision statements Source laws Specific
article/section
in the law
Labor group  “Establish, join, maintain labor
participation organization of their choice to promote
their welfare and defend their interest.”

Free legal  “To be provided with free legal service Batas Pambansa Blg.
services by the appropriate government office in 232 or The Education
case of public school personnel and the Act of 1982
school authorities concerned in case of
private school personnel, when charged
in administrative, civil and/or criminal
proceedings, by parties other than the
school authorities concerned, for
actions committed directly in the lawful
discharge of professional duties and/or
in defense of school policies.”

Freedom from  Batas Pambansa Blg.

non- 232 or The Education
compensated Act of 1982
mandatory
assignment

Freedom from  “To be free from involuntary

extraneous contributions except those imposed by
contributions their own organizations.”

Career  “Teachers shall be given opportunity to Batas Pambansa Blg.

alternatives choose career alternatives for 232 or The Education
advancements.” Act of 1982

ACTIVITY 4.2

Provide the specific provisions and article/section on the following items

based from R.A. 4670. Give also your brief understanding of the provisions.
1) recruitment and qualification 11) cost of living allowance
2) consent for transfer 12) special hardship allowance
3) code of professional conduct of teachers 13) deductions prohibited
4) safeguards in disciplinary procedure 14) free medical examination
5) no discrimination 15) study leave
6) married teachers 16) indefinite leave
7) academic freedom 17) salary increase upon retirement
8) six hours actual classroom teaching 18) freedom to establish and to join
9) additional compensation organizations of their choice.
10) salary scale

Module 4. Understanding the Rights and Privileges of Teachers in the Philippines Page 6
Example:
Rights/Privileges R.A. 4670 provisions
1. Study Leave SECTION 24.— 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.
A brief explanation of your
understanding here
Public school teachers are
encouraged to raise their
educational qualifications. Study
leave is intended to assist
teachers in securing personal
and professional growth and
development.
Here, we can say that although
all teachers have the right for
professional development as
stated in the 1987 Constitution
but to be on study leave is a
privilege as stated in the
provision. There are conditions
that a teacher has to satisfy.

You may use separate sheets of paper for your answers.

References:

Bilbao, P., Corpuz, B., Llagas, A., Salandanan, G. 2018. The Teaching Profession.
4th Edition. Lorimar Publishing

Bilbao, P., Corpuz, B., Llagas, A., Salandanan, G. 2015. The Teaching Profession.
3rd Edition. Lorimar Publishing

Cortez, A., Cortez,B., Esguerra,D., Molano,T.,Alonzo,E. 2019. The Teaching

Profession (OBE and K-12 Compliant). St. Andrews Publishing House

Soto, Cornelia C., Pila, Rowena A., Montera, Melvin O. 2011. Advance LET
Reviewer and Practice with Legal Guide. Book 1.

https://www.lawphil.net/consti/cons1987.html

https://www.chanrobles.com/Republic Act No. 4670, Magna Carta for... · PDF file

www.senate.gov.ph/lisdata/17081055!.pdf

https://www.officialgazette.gov.ph/1930/12/08/act-no-3815-s-1930/

https://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.html

www.differencebetween.com/difference-between-right-and-vs-privilege/

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