Other Education and Teachers-Related Laws

Module 6:
Other Education and Teachers-

Related Laws
1. The 1987 Constitution; (Article XIV)
2. RA 4670 (Magna Carta for Teachers)
3. Batas Pambansa 232;
4. RA 9155
5. Organizational Structure of DepEd
6. Excerpts from the Family Code;
7. Excerpts from RA 7610;
The 1987 Constitution; (Article
XIV)
• https://www.officialgazette.gov.ph/constitutio
ns/the-1987-constitution-of-the-republic-of-th
e-philippines/the-1987-constitution-of-the-rep
ublic-of-the-philippines-article-xiv/
• Section 1-5 (Education)

Section 1
The State shall protect and promote the right of all citizens
to quality education at all levels, and shall take appropriate
steps to make such education accessible to all.
The 1987 Constitution; (Article XIV)

Section 1
According to Fr. Joaquin Bernas, S.J. (2011),
(1) Quality education

(2) Affordable education
(3) Relevant
Three levels of education

• Elementary - DepED
• Secondary - DepEd
• Tertiary- CHED

Section 1
Three levels of education
• Elementary - DepED
• Secondary - DepEd
• Tertiary- CHED

Section 1
Quality Education – is the appropriateness, relevance

and excellence of the education given to meet the
needs and aspirations of an individual and society
-RA 9155

Section 2
The State shall:
(1) system of education relevant to the needs of the people and society;
(2) free public education, elementary education is compulsory
(3) a system of scholarship grants, especially to the underprivileged;
(4) programs particularly those that

respond to community needs; and
(5) training for adult citizens, the disabled,

and out-of-school youth

Section 3
(1) required to include the study of the Constitution in the school’s curricula
(2) inculcate patriotism and nationalism
(3) religion shall be allowed to be taught

Section 4
1. Ownership:
a) Filipino citizens, or
b) Corporations incorporated in RP and 60% Filipino-owned.
EXCEPT: Schools established by religious groups and mission boards.
c) Congress may increase Filipino equity requirements in ALL educational
institutions.
2. Control and Administration:

a) Must be vested in Filipino citizens
b) Refers to line positions, such as President, Dean, Principal, and Trustees
c) Faculty members may be foreigners.
3. Student Population:
GENERAL RULE: Cannot establish school
exclusively for aliens. Aliens can only comprise up
to 1/3 of total enrollment.
EXCEPTIONS: Schools established for foreign diplomatic personnel and their

dependents, and unless otherwise provided for by law for other foreign
temporary residents. The 1987 Constitution; (Article XIV)
Section 4
Tax breaks for private schools
Rationale of provision
1. To preserve the democratic choice of students
2. To enable educational institutions to improve their quality
3. To make quality education affordable to students
Institutions Covered
“Non-stock and non-profit educational institution”
Non-profit - no income accrues to the benefit of any member
of the corporation (Bernas, 2009)
The income it seeks to be exempted from taxation is used
actually, directly, and exclusively for educational purposes.

Section 5
(1) educational policies and programs.
(2) Academic freedom
(3) right to select a profession or course of study.
(4) right of teachers to professional advancement
(5) highest budgetary priority to education

The 1987 Constitution; (Article
XIV)
• Right to academic freedom

• Compulsory education
• Free Education

Magna Carta for Public School Teachers
(RA 4670 )
• https://lawphil.net/statutes/repacts/ra1966/r
a_4670_1966.html
I. DECLARATION OF POLICY COVERAGE
II. RECRUITMENT AND CAREER
III. HOURS OF WORK AND REMUNERATION
IV. HEALTH MEASURES AND INJURY BENEFITS
V. LEAVE AND RETIREMENT BENEFITS
VI. TEACHER'S ORGANIZATION
VII. ADMINISTRATION AND ENFORCEMENT
I. Declaration of Policy Coverage
 promote and improve:

 the social and economic status of public school
teachers;
 their living and working conditions;
 their terms of employment; and,
 career prospects
 compare favorably with existing opportunities

in other walks of life; and,
 attract and retain in the teaching profession

more people with the proper qualifications
RA 4670 (Magna Carta for Teachers)

I. Declaration of Policy Coverage
“All persons engaged in

classroom teaching in any level of
What is a teacher? 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.”

II. Recruitment and Career
Minimum Educational Qualifications for Teacher-applicants

Teachers in Kindergarten and elementary grades, Bachelor’s degree
in Elementary Education (BSEED)
Teachers in 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 18 professional units in Education
Teachers of secondary vocational and two years technical

courses, Bachelor’s degree in the field of specialization with at least 18
professional units in education.
Teachers of courses on the collegiate level other than vocational,

master’s degree with a specific area of specialization.

What if there are no applicants who possess the minimum
educational qualifications?
The school superintendent may appoint under a temporary status,
applicants who do not meet the minimum qualifications, provided:
a) teacher-applicants are required to take competitive examinations

b) preferences in making appointments shall be in the order of their
respective ranks in the competitive examinations; and
c) the results of the examinations shall be made public and every
applicant shall be furnished with his/her score and rank in the said
examination

Probationary Period
No probationary period preceding regular appointment shall be imposed if
the teachers possesses the appropriate civil service eligibility.
if due to the exigencies of service,

 possesses the minimum educational qualifications but lacks the
appropriate civil service eligibility,
 he/she shall be appointed on a provisional status
 shall undergo a period of probation for not less than one year
Tenure of Office
Stability on employment and security of tenure shall be assured to the
teacher as provided under existing laws.
provisional status shall be extended permanent appointment

 rendered at least 10 years of continuous
 efficient and faithful service in such position
Consent of Transfer/ Transportation
 No teacher shall be transferred without his/ her
consent.
 in the exigencies of service, shall notify the teacher

concerned and the reason/s of transfer
 no justification for the transfer, appeal the case to

the Director of Public Schools or the Director of
Vocational Education
 No transfers shall be made 3 months before any

local or national election
 Necessary transfer expenses of the teacher and his/

her family shall be paid for by the Government if
the transfer is finally approved
Safeguards in Disciplinary Procedures
Every teacher shall enjoy equitable safeguards at each stage of any disciplinary
procedures and shall have:
 the right to be informed, in writing of the charges;

 the right to full access to the evidence in the case
 the right to defend him/herself and to defended by a representative of
his/her choice and/or by his/her organization and shall be given adequate
time for the preparation of his/her defense; and,
 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/ her case.

Administrative Charges
Heard initially by:

• 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
• a supervisor of the Division
findings and recommendations to the Director of Public Schools within 30 days
members of the committee shall be appointed by the Secretary of Education

if the school superintendent is the complainant or an interested party

 No Discrimination - based on other than professional consideration
 Married Teachers - be employed in the same locality.
 Academic Freedom - academic freedom in the discharge of their professional

duties

III. Hours of Work and Remuneration
 Teaching Hours- required to render more than six hours of actual classroom
teaching a day
 Additional Compensation- 25% of his/her regular remuneration after six hours
 Criteria for Salaries- insure teachers a reasonable standard of life for themselves
and their families
 Cost of Living Allowance- keep pace with the rise in the cost of living by the
payment of a cost-of-living allowance
 Special Hardship Allowances- areas in which teachers are exposed to hardship
 Deductions Prohibited- except under specific authority

IV. Health Measures And Injury Benefits

V. LEAVE AND RETIREMENT BENEFITS
 Study Leave-
 not exceeding one school year after seven years of
service
 unless he needs an additional semester to finish his
thesis
 entitled to at least sixty per cent of their monthly salary

 regular study load and passes at least 75% of his courses.
 Indefinite Leave- when the nature of the illness demands a

long treatment that will exceed one year at the least
 Salary Increase Upon Retirement- one range salary raise

upon retirement

VI. Teacher's Organization
 Freedom to Organize- right to freely establish and join organizations
 Discrimination Against Teachers Prohibited

(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
(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

VII. Administration and Enforcement
 The Secretary of Education shall formulate and
prepare the necessary rules and regulations to
implement the provisions of this Act.
 The Secretary of Education shall submit to Congress
annually the necessary budgetary estimates
PENAL PROVISION
A person who shall willfully interfere with, restrain
or coerce any teacher 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

Magna Carta for Public School Teachers
(RA 4670 )
PROFESSIONAL TEACHER
Batas Pambansa 232
• https://www.lawphil.net/statutes/bataspam/b
p1982/bp_232_1982.html
An Act Providing for the Establishment

and Maintenance of an Integrated System
of Education
I. GENERAL PROVISIONS
II. THE EDUCATIONAL COMMUNITY
III. THE EDUCATIONAL SYSTEM
General Provisions
An Act Providing for the Establishment and Maintenance of an

Integrated System of Education
- this act shall be known as the “Education Act of 1982”.
- 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.
- policy of the state to establish and maintain a complete,

adequate and integral system of education relevant to the
goals of national development
Batas Pambansa 232

Educational Community
 “Educational Community” refers to those person or group of persons
as such, or associated the institutions involved in organized teaching
and learning systems
1.Parents
2. Students
3. School Personnel
• Teaching or Academic Staff
• School Administration
• School Personnel
• Non-academic Personnel
4. School
- Every educational institution shall provide for the establishment of appropriate
bodies through which the members of the educational community may discuss
relevant issues
Batas Pambansa 232
Educational Community
 For the national development, education is a big part that it will not do
a progress if the education itself is not visible for progression.
 Our educational community refers to the parents, students, school

personnel and especially the school. These educational community
members should discuss relevant issues, communicate suggestions for
assistance and help the school promote their common interest. As a
member of educational community, they have the rights that they
should know as their privilege of being associated with education.
 Being also aware of their duties and obligations is a big help in

participating as an agent of constructive social economic, moral,
intellectual, cultural, and political change within the context of national
policies.
Batas Pambansa 232

Educational System
- The State recognizes that formal education, or the school system, in society's
primary learning system, and therefore the main instrument for the
achievement of the country's educational goals and objectives.
- "Formal Educational" refers to the hierarchically structured and

chronologically graded learning organized and provided by the formal school
system (Elementary, Secondary and Tertiary)
- Non-Education and Specialized Educational Services
- Establishment of Schools – Public and Private
- Internal Organization of Schools - Organization of Schools, Governing Board,

Personnel Transactions
Batas Pambansa 232
Educational System
1. Provide for a broad general education that will assist each individual in
the peculiar ecology of his own society.
2. Train the nation’s manpower in the middle-level skills required for the
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

though a system of educational planning and evaluation.
Batas Pambansa 232

Batas Pambansa 232
For the national development, education is a

big part that it will not do a progress if the
education itself is not visible for progression.
Republic Act 9155
• https://www.officialgazette.gov.ph/2001/08/1
1/republic-act-no-9155/
What is RA 9155
 This Act shall be known as the “Governance of Basic Education Act of 2001.”
 An act of instituting a framework for governance for basic education.

Establishing Authority and accountability, renaming the Department of
Education, Culture and Shorts, as the Department of Education and for other
purposes
 Primary goal: To provide the school age population and young adults with skills,
knowledge and values to become caring, self-reliant, productive and patriotic
citizens
RA 9155
Purposes and Objectives
 Provide framework for Governance of basic Education.
 Define the roles and responsibilities of the offices in the

Education Department.
 Makes the schools and learning centers the most important

vehicle for teaching and learning
RA 9155
Definition of Terms
(a) Alternative Learning System – is a parallel learning system to provide a viable alternative
to the existing formal education instruction. It encompasses both the non-formal and informal
sources of knowledge and skills;
(b) Basic Education –early childhood, elementary and high school education as well as

alternative learning systems and includes education for those with special needs;
(c) Cluster of Schools – is a group of schools which are geographically contiguous and brought
together to improve the learning outcomes;
(d) Formal Education –hierarchically structured and sequential learning. At the end of each

level, the learner needs a certification in order to enter or advance to the next level;
(e) Informal Education – is a lifelong process of learning by which every person acquires and
accumulates knowledge, skills, attitudes and insights from daily experiences at home, at work,
at play and from life itself;
(f) Integrated Schools – is a school that offers a complete basic education in one school site
and has unified instructional programs;
RA 9155
Definition of Terms
(g) Learner – is any individual seeking basic literacy skills and functional life skills
(h) Learning Center – is a physical space to house learning resources and facilities of a learning

program for out-of-school youth and adults.
(i) Learning Facilitator –responsible for supervising/facilitating the learning process and

activities of the learner;
(j) Non-Formal Education – is any organized, systematic educational activity carried outside the
framework of the formal system to provide selected types of learning to a segment of the
population;
(k) Quality Education – is the appropriateness, relevance and excellence of the education given
to meet the needs and aspirations of an individual and society;
(l) School – is an educational institution, private and public, undertaking educational operation

with a specific age-group of pupils
(m) School Head – is a person responsible for the administrative and instructional supervision
of the school or cluster of schools. RA 9155
Shared Governance
 It is a principle which recognizes that every unit in the

education bureaucracy has a particular role, task, and
responsibility inherent in the office.
 Democratic consultation is observed in the decision-making

process at
RA 9155
Power, Duties and Functions
 National Level
Secretary of Education
4 under-secretaries
●Regional Operation
●Legal Affairs
●Finance and Administration
●Programs and project
4 Assistant Secretaries
●Chief of Staff
●Asec-finance(Programs and Project)
●Asec-Planning
●Asec- Legal Affairs
RA 9155
The Secretary of Education
 Formulate national basic education policies and plans;

 Promulgate national Educational standards
 Monitor and assess national learning outcomes
 Undertake national educational research and studies
 Enhance total developments of learners through
projects and programs
RA 9155
 Regional Level
• Regional Director
• Assistant Director
• Office Staff
 Define regional policy framework which reflects the values, needs &
expectation of the communities they serve.
 Develop a regional basic education plan and educational standard with a
view towards a bench-marking for international competitiveness;
 Monitor, evaluate and assess regional learning outcomes.
 Undertake research projects develop and manage region-wide project.
 Ensure strict compliance with prescribed national criteria for recruitment,
selection and training of staff in the region and divisions;
RA 9155
 Division Level
• School Division superintendent
• Assistant superintendent
• Office Staff
 Developing and implementing division education development plans;
 Planning and managing the effective and efficient use of all personnel, physical and
fiscal resources
 Hiring
 Monitoring the utilization of funds provided by the national government and the local
government units
 Ensuring compliance of quality standards for basic education
 Promoting awareness of and adherence by all schools and learning centers to
accreditation standards prescribed by the Secretary of Education;
 Supervising the operations
 Performing such other functions as may be assigned by proper authorities .
RA 9155
 School District Level

• School District Supervisor
• Office Staff
 Providing professional and instructional advice and support to

the school heads and teachers/facilitators of schools and
learning centers in the district or cluster thereof;
 Curricula supervision; and
 Performing such other functions as may be assigned by proper
authorities.
RA 9155
 School Level
• School Head
• Assistant School Head
• Teaching Staff
• Non-Teaching Staff
 Setting the mission, vision, goals and objectives of the school;

 conducive teaching and learning environment;
 school curriculum
 school education program and school improvement plan;
 Offering educational programs, projects and services
 innovation in teaching
 Administering and managing all personnel, physical and fiscal resources of the school;
 Recommending the staffing complement of the school based on its needs;
 Encouraging staff development;
 Establishing school and community networks and encouraging the active participation
 Accepting donations, gifts, bequests and grants
RA 9155
Republic Act 9155
INSTITUTING A FRAMEWORK FOR GOVERNANCE

Organizational Structure
of DepEd
• https://www.deped.gov.ph/about-deped/cent
ral-office/
Organizational Structure
of DepEd
From region I to ARMM, there are numbers of school

divisions to carry out the mandate, vision and mission
of the Department.
Teachers should know the structure and hierarchical

levels so one will know how the communication flows
in our system.
Excerpts from the Family Code;
• https://www.officialgazette.gov.ph/1987/07/0
6/executive-order-no-209-s-1987/
Parental Authority
 Art. 194. Support comprises everything indispensable for sustenance,

dwelling, clothing, medical attendance, education and transportation,
in keeping with the financial capacity of the family.
 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.
Family Code
• Child care is very important and the authorities should be
responsible to know the activities of each child inside or outside
the school premises of the school institution.
• Parents shall exercise the parental authority and shall provide

them support in a proper way. Guardians, should substitute the
parental authority and they are the ones responsible for the minor
care under supervision of instructions and custody.
• Family is the foundation of knowledge for every child so they have

to show love and affection, support, moral and spiritual guidance,
protection, and even respect.
Excerpts from RA 7610;
• https://www.lawphil.net/statutes/repacts/ra1
992/ra_7610_1992.html
When do Rights Begin?
“ A child is endowed with the dignity and worth of a human being from the
moment of conception, as generally accepted in medical parlance, and is
therefore entitled with the right to be born well”.
-PD 603, Article 3, # 1:
Republic Act 7610

Who are considered Children
below 18 years of age or those over

but are unable to fully take care of themselves
Republic Act 7610
Rationale of RA 7610
To give protection to persons below 18 years of age or those

over but are unable to fully take care of themselves or protect
themselves from abuse, cruelty and exploitation.
Republic Act 7610

Offenses Against Children
1. Child Prostitution and other sexual abuse

2. Attempt to commit child prostitution
3. Child Trafficking
4. Attempt to commit child trafficking
5. Child pornography and indecent shows and publication
6. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other
Conditions Prejudicial to the Child’s Development
Republic Act 7610

Other Acts of Abuse
Any person who shall keep or have in his company a minor, twelve (12) years or
under or who is ten (10) years or more his junior in any public or private place,
hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage
parlor, beach and/or other tourist resort or similar places.
Any person who shall use, coerce, force or intimidate a street child or any other
child to:
• beg or use begging as a means of living
• act as conduit or middleman in drug trafficking or pushing
• conduct any illegal activities
Republic Act 7610

Duty of Government Workers to Report
It shall be the duty of all teachers and administrators in public

schools, probation officers, government lawyers, law enforcement
officers, barangay officials, corrections officers and other
government officials and employees whose work involves dealing
with children to report all incidents of possible child abuse to the
Department.
Republic Act 7610

Who may file a complaint
1. Offended Party
2. Parents or Guardians
3. Ascendant or collateral relative within 3rd degree of consanguinity
4. Officer, social worker or representative of a licensed child-caring
institution
5. Officer or social worker of the DSWD
6. Barangay Chairman,
7. Three (3) concerned, responsible citizens where the offense was
committed
Republic Act 7610

LET US ALL HELP PREVENT
CHILD ABUSE
PHILIPPINE EDUCATION SYSTEM
THANK YOU!
Jerome T. Varquez

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Module 6:

Other Education and Teachers-

• Section 1-5 (Education)

The 1987 Constitution; (Article XIV)

According to Fr. Joaquin Bernas, S.J. (2011),

(1) Quality education

Three levels of education

The 1987 Constitution; (Article XIV)

Three levels of education

The 1987 Constitution; (Article XIV)

Quality Education – is the appropriateness, relevance

The 1987 Constitution; (Article XIV)

(2) free public education, elementary education is compulsory

(3) a system of scholarship grants, especially to the underprivileged;

(4) programs particularly those that

(5) training for adult citizens, the disabled,

The 1987 Constitution; (Article XIV)

(2) inculcate patriotism and nationalism

(3) religion shall be allowed to be taught

The 1987 Constitution; (Article XIV)

2. Control and Administration:

EXCEPTIONS: Schools established for foreign diplomatic personnel and their

The 1987 Constitution; (Article XIV)

(1) educational policies and programs.

(2) Academic freedom

(3) right to select a profession or course of study.

(4) right of teachers to professional advancement

(5) highest budgetary priority to education

The 1987 Constitution; (Article XIV)

• Right to academic freedom

The 1987 Constitution; (Article XIV)

 promote and improve:

 compare favorably with existing opportunities

 attract and retain in the teaching profession

RA 4670 (Magna Carta for Teachers)

“All persons engaged in

including: guidance counselors,

RA 4670 (Magna Carta for Teachers)

Minimum Educational Qualifications for Teacher-applicants

Teachers in the Secondary schools, Bachelor’s degree in Education or

Teachers of secondary vocational and two years technical

Teachers of courses on the collegiate level other than vocational,

RA 4670 (Magna Carta for Teachers)

a) teacher-applicants are required to take competitive examinations

RA 4670 (Magna Carta for Teachers)

if due to the exigencies of service,

provisional status shall be extended permanent appointment

 in the exigencies of service, shall notify the teacher

 no justification for the transfer, appeal the case to

 No transfers shall be made 3 months before any

 Necessary transfer expenses of the teacher and his/

 the right to be informed, in writing of the charges;

RA 4670 (Magna Carta for Teachers)

Heard initially by:

findings and recommendations to the Director of Public Schools within 30 days

members of the committee shall be appointed by the Secretary of Education

RA 4670 (Magna Carta for Teachers)

 No Discrimination - based on other than professional consideration

 Married Teachers - be employed in the same locality.

 Academic Freedom - academic freedom in the discharge of their professional

RA 4670 (Magna Carta for Teachers)

 Additional Compensation- 25% of his/her regular remuneration after six hours

 Special Hardship Allowances- areas in which teachers are exposed to hardship