Rolito G.

Asombra

EM 601: Education Legislation

 Rolito G. Asombra

Education Act of 1982

Section 10: Rights of the School Personnel
Difference Between Rights and Privileges

According to License Lawyers, a right cannot be legally denied

and can be possessed by a person without earning or working
for. On the other hand, privilege can be given and taken away
considering various contexts.
Difference Between Rights and Privileges

Rights are entitlements in relation to other

people. It means that a certain right of a
person has to be
protected, fulfilled, enforced or
not violated by other
people.
Classification of Rights
Classification of Negative Rights
 Education Act of 1982, Section 10: Rights of
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.
 Education Act of 1982, Section 10: Rights of
School Personnel
It is supported by the
Article III, Section 4 of the
1987 Constitution which
states that “No law shall
be passed abridging the
freedom of speech, of
expression, or of the press, or the right of the people
peaceably to assemble and petition the government
for redress of grievances.”
 Education Act of 1982, Section 10: Rights of
School Personnel
In connection to this, Department of Education
issued the DepEd Order No. 49, s. 2022 which
reminded school personnel to raise issues and
concerns regarding basic
education through formal and
appropriate channels “without resorting
to any political or third-party
intervention or accommodation.”
Education Act of 1982, Section 10: Rights of
School Personnel
 Education Act of 1982, Section 10: Rights of
School Personnel
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
committed directly in the lawful
discharge of professional duties
and/or in defense of school policies.
 Education Act of 1982, Section 10: Rights of
School Personnel

This provision is important in maintaining the integrity

and professionalism of the education sector, as it ensures
that school personnel can perform their duties without
fear of legal repercussions. It also promotes fairness and
equity in the legal system, as it provides equal protection
and support to all school personnel, regardless of the
type of school they work in.
Education Act of 1982, Section 10: Rights of
School Personnel

DepEd Memorandum No.

125 s. 2010 or the
Dissemination of the
Memorandum of Agreement
between the Department of
Education and the Integrated
Bar of the Philippines.
 Education Act of 1982, Section 10: Rights of
School Personnel

Republic Act No. 9999 or the “Free Legal Assistance

Act of 2010” approved by former President Gloria
Macapagal-Arroyo provides the Filipino legal
assistance through Public Attorney’s Office.
 Education Act of 1982, Section 10: Rights of
School Personnel
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.
Education Act of 1982, Section 10: Rights of
School Personnel

Executive Order No. 180 which

provides guidelines for the
exercise of the right to organize
of government employees union,
creating a public sector labor-
management council and for
other purposes.
 Education Act of 1982, Section 10: Rights of
School Personnel

DepEd Memorandum No. 83, s. 2014 and DepEd Memorandum No.

069, s.2019 which is about the recognition of the Collective Negotiation
Agreement (CNA) between Department of Education (DepEd)

Management and DepEd National Employees’ Union (NEU).

Education Act of 1982, Section 10: Rights of
School Personnel

4. The right to be free

from involuntary
contributions except
those imposed by their
own organizations.
 Education Act of 1982, Section 10: Rights of
School Personnel

The Department of Education issued the DepEd Order No. 5, s. 1992

which is about the policy on solicitation of contributions. It is a reminder
that it is absolutely prohibited to request/solicit monetary contributions
especially from teachers or students for any programs, projects, meets,
etc. for which no funds are available or allocated. Administrative charges
will be the penalty of the violators.
 References
• https://caul-cbua.pressbooks.pub/aep/chapter/rights-and-privileges/
• https://lawphil.net/judjuris/juri1991/aug1991/gr_95445_1991.html
• https://legacy.senate.gov.ph/lis/bill_res.aspx?congress=15&q=SBN-1202
• https://thelicenselawyers.com/laws-regulations-connecticut-lawyer/rights-privileges/#:~:t
ext=A%20right%20is%20something%20that,available%20only%20to%20certain%20people
.
• https://www.deped.gov.ph/1992/01/17/do-5-s-1992-policy-on-solicitation-of-contribution
s/

• https://www.deped.gov.ph/wp-content/uploads/2018/10/DM_s2010_125.pdf
• https://www.officialgazette.gov.ph/1987/06/01/executive-order-no-180-s-1987/