CHAPTER 7:

THE PROFESSIONAL TEACHERS: CONFORMERS

OF LEGAL AND CONSTITUTIONAL MANDATES
Lesson 1 – Other Education and Teacher-Related Laws
 INTENDED LEARNING OUTCOME:

 Apply existing laws in the practice of the

teaching profession.
 CONTENT FOCUS
Ethics and laws are major concerns that come along
with the practice of the teaching profession. These two
big words are part of the teacher’s curricula and
relationship with students. It is the fundamental
obligation of teachers to convey to their students that
they are legally and morally bound to one another.
Teachers on the other hand carry the ethical and legal
burden in their discharge to their duties and
responsibilities as teachers.
 Ethics and laws are interrelated. Ethics refers to a
system or code of morality embraced by a particular
person or group of persons. It is the moral principle that
determines the rightness or wrongness of particular acts
or activities. Laws, however are written rules that
members of the community must follow. The law is a
system of rules recognized as binding by a community
especially resulted from decrees by the governing
authority.
LAWS & ETHICS THAT GUIDE TEACHERS
IN THE VARIOUS COURSES OF THEIR
ACTIONS AS PROFESSIONALS
• The 1987 Philippine Constitution, Article XIV
• Presidential Decree 1006
• R.A. 9155
• R.A. No. 7836
• R.A. No. 9293
• R.A. No. 4670
• R.A. No. 10533
• Batas Pambansa 232 (Education Act of 1982)
• Excerpt from DECS Service Manual, Chapter III
• R.A. 10157
• R.A. 8980
• R.A. 7877
• R.A. 7610, Article VIUNESCO
• The Family Code of the Philippines, Title IX (Parental
Authority)
• R.A. 10627
• R.A. 10175
• UNESCO Reports
• Four Pillars of Education
• EFA (Education for All)
• Child-Friendly School System
1987 PHILIPPINE CONSTITUTION
ARTICLE XIV – Education, Science and Technology, Arts, Culture, and Sports
 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.
Is education really accessible to all
Filipinos especially during this
pandemic?
 SECTION 2
 The State shall:
 (1) Establish, maintain, and support a complete,
adequate, and integrated system of education relevant
to the needs of the people and society;
 (2) Establish and maintain a system of free public
education in the elementary and high school levels.
 SECTION 2
 (3) Establish and maintain a system of scholarship
grants, student loan programs, subsidies, and other
incentives.
 (4) Encourage non-formal, informal, and indigenous
learning systems, as well as self-learning,
independent, and out-of-school study programs .
 (5) Provide adult citizens, the disabled, and out-of-
school youth with training in civics, vocational
efficiency, and other skills.
DEFINITION OF TERMS:

Formal Non-formal Informal

learning Learning
Education Organized, may or may not be
No formal curriculum
Organized, guided by a guided by a formal curriculum
curriculum

Indigenous Alternative
Learning Learning System
Methods within the indigenous Alternative way of acquiring
communities education
 SECTION 3
 (1) All educational institutions shall include the study of the
Constitution as part of the curricula.
 (2) They shall inculcate patriotism and nationalism, foster
love of humanity, respect for human rights, appreciation of
the role of national heroes in the historical development of
the country, teach the rights and duties of citizenship,
strengthen ethical and spiritual values, develop moral
character and personal discipline, encourage critical and
creative thinking, broaden scientific and technological
knowledge, and promote vocational efficiency.
 SECTION 3
 (3) At the option expressed in writing by the parents or
guardians, religion shall be allowed to be taught to their
children or wards in public elementary and high
schools .
 SECTION 4

 (1) The State recognizes the complementary roles of

public and private institutions in the educational system
and shall exercise reasonable supervision and regulation
of all educational institutions.
 SECTION 5
 (1) The State shall take into account regional and sectoral
needs and conditions
 (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.
 PRESEDENTIAL DECREE 1006
PROVIDING FOR THE PROFESSIONALIZATION OF TEACHERS, REGULATING THEIR PRACTICE IN THE PHILIPPINES AND FOR OTHER PURPOSES.
WHAT IS PRESIDENTIAL
DECREE 1006?
 It is a decree given by the late President Ferdinand E.
Marcos on year 1977 providing the professionalization
of teachers regulating their practice in the Philippines
and other purposes.
 In this policy, the teacher education shall undergo
examination. Together with the Civil Service
Commission and the Department of Education and
Culture (DEC) jointly gave examination for teachers.
WHAT IS PRESIDENTIAL
DECREE 1006?
 When the examinees pass the teachers’ examination,
they will be qualified for registration as professional
teachers and will be given the Professional Teacher
Certificate.
 The Presidential Decree 1006 made a teacher’s license
a requirement for teaching. As what is stated in PD
1006 “the State shall establish and maintain a
complete, adequate and integrated system of
education relevant to the goals of national
development”
 THE CREATION OF NATIONAL BOARD FOR
TEACHERS:

1) Secretary of Education and Culture

Co-Chairman
2) Chairman, Civil Service Commission

3) Commissioner, Professional Regulations Commission

4) Two members representing the private sector to be

appointed by the President Member
QUALIFICATION REQUIREMENTS FOR
EXAMINATION APPLICANTS:
 (a)The applicant must be a citizen of the Philippines;
 (b)That he is of good moral character;
 (c) That he is free from any physical and/or mental
defect which will incapacitate him to render efficient
service; and
Why do you think teachers should be
physically, mentally, and morally fit?
QUALIFICATION REQUIREMENTS FOR
EXAMINATION APPLICANTS:
 (d)That he possesses the following minimum
educational qualifications:
 For teachers in the kindergarten and elementary grades,
Bachelor’s degree in Elementary Education (B.S.E.Ed.) or its
equivalent;
 For teachers of the secondary schools, Bachelor’s degree in
Education or its equivalent or a Bachelor’s degree in Arts or
Sciences;
 For teachers of secondary vocational and two-year technical
courses, Bachelor’s degree in the field of specialization
SCOPE OF EXAMINATION:
 In Section 8, it was stated that 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.
RATINGS IN THE
EXAMINATION:
 In Section 9, it was stated, 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.
 After 3 years of effectivity of this decree a teacher
without license shall not engage in teaching, whether in
public or private elementary or secondary level as what
is stated in the Section 15 of the said decree.
 After this PD 1006, another law on teacher’s
professionalization was declared. It is the Republic Act
7836 known as the Philippine Teachers’
Professionalization Act of 1994.
 R.A. NO. 4670
MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS
SALIENT POINTS:

 The Magna Carta for Public School Teachers was created

under Republic Act 4670; passed on June 18, 1966
 Its policy declares the promotion and improvement of
the public school teachers in:
 Social and economic status;
 Living and working conditions;
 Terms and employment; and
 Career prospect.
SALIENT POINTS:

 It attracts and retains in the teaching profession people

with the proper qualifications.
 It strengthens the stability of the teaching profession in
the public school system.
 This act applies to all public school teachers except those
in the professional staff of state colleges and universities.
 “Teacher” – all persons engaged in classroom teaching in
any level of instruction, on full time basis.
DUE PROCESS

• Dismissal for legitimate reasons follow rules established

for protecting the rights of teachers. This process
contains certain elements:
 The teacher must be given timely, detailed, written notice of
the charges.
 The teacher must be accorded sufficient time to
prepare defense.
 The teacher has the right to be represented by legal
counsel.
DUE PROCESS

 The teacher may present written or oral evidence,

including witnesses.
 The teacher may cross-examine witnesses and
challenge evidence.
 The teacher shall be heard by an impartial body.
 The teacher has the right to appeal to a higher body.
SIGNIFICANT FEATURES

 The right against transfer from one station to another

without the teacher’s consent (except for a cause).
 The right for a married couple, both of whom are school
teachers, to be employed in the same locality whenever
possible.
 The right to enjoy academic freedom, that which,
upholds the teacher’s rights to freely discuss topics or
issues within their field of expertise.
SIGNIFICANT FEATURES

 The right to additional compensation for services in

excess of six hours of actual classroom teaching,
hardship allowance, automatic retirement promotion,
clothing allowance, chalk allowance, productivity, etc.
 The right to enjoy free physical examination and free
medical treatment or hospitalization.
SIGNIFICANT FEATURES

 The right to one-year study leave with pay equivalent to

60% salary after 7 years of service.
 The right to enjoy one range salary raise upon
retirement, which shall be the basis of the retirement
pay and monthly benefit thereafter.
 The freedom to organize and join organizations, local or
national.
WHAT ARE THE RIGHTS OF A PUBLIC
SCHOOL TEACHER?
 No probationary period preceding regular appointment;
 Consent for transfer;
 Safeguards in disciplinary procedure;
 Administrative charges shall be heard by a committee;
 Teacher shall not be required to render more than 6
hours of actual classroom teaching;
 Additional compensation;
WHAT ARE THE RIGHTS OF A PUBLIC
SCHOOL TEACHER?
 Salary grade – gradual progression from a minimum to a
maximum salary by means of regular increments
granted automatically every 3 years / satisfactory /
maximum level within 10 years;
 Special hardship allowance;
 Deductions prohibited;
 Medical examinations and treatment;
WHAT ARE THE RIGHTS OF A PUBLIC
SCHOOL TEACHER?
 Compensation for injuries (Physical and nervous strain is
recognized as compensable occupational disease);
 Study leave;
 Freedom to organize;
 Discrimination against teachers prohibited;
 Security of tenure;
 Productivity incentive benefit;
 Year-end bonus and cash gift (in service as of 31 of October each
year)
 EXCERPTS FROM THE DECS
SERVICE MANUAL, CHAPTER 3
Notes on Employees Welfare, Benefits, Incentives, Recognitions and Awards
 In general, appointive officials up to the level of heads
of executive departments, heads of departments,
undersecretaries and employees of the government
whether permanent, temporary or casual who render
work during the prescribed office hours, shall be entitled
with 15 days vacation and 15 days sick leave annually with
full pay exclusive of Saturdays, Sundays and public
holidays, without limitation as to the number of days of
vacation and sick leave they may accumulate.
 Employees rendering services on part-time basis are
entitled to vacation and sick leave benefits proportionate
to the number of work hours rendered. A part-time
employee who renders four (4) hours of work, five (5) days
a week or a total of 20 hours a weeks, is entitled to 7.5
days vacation and 7.5 days of sick leave annually with full
pay.
 Married women in the government service who have
rendered an aggregate of two (2) or more years of service
shall, in addition to the vacation and sick leave granted
them, be entitled to maternity leave of sixty (60) calendar
days with full pay.
 Maternity leave of those who have rendered one (1)
year or more but less than two (2) years of service shall be
computed in proportion to their length of service,
provided, that those who have served for less than one (1)
year shall be entitled to 60-days leave with half pay.
 Employees who render less than two (2) years of
service may only receive full pay for a number of days
based on the ratio of 60 days to two (2) years of service.
A married woman employee is entitled to maternity
leave of absence with pay even if she has a pending
administrative case.
 Married women who are contractual employees
whether or not receiving 20% premium on their salary,
shall be entitled to maternity leave benefits like the
regular employees, in accordance with the provisions of
Section 18, Rule XVI, CSC-MC No. 41, s. 1998.
Every married male employee is entitled to paternity
leave of seven (7) working days, for the first four (4)
deliveries of his legitimate spouse.
 Legitimate spouse refers to a woman validly entered a
contract of marriage with male government employee
availing the paternity leave benefits under the Law.
Married male employees with more than one (1) legal
spouse shall be entitled to avail of paternity leave for an
absolute maximum of four (4) deliveries regardless of
whichever spouse gives birth.
 The first of the four (4) deliveries shall be reckoned
from the effectivity of the Paternity Leave Act on July 15,
1996.
Paternity leave of seven (7) days shall be non-
cumulative and strictly non-convertible to cash.
Officials and employees, except teachers and those
covered by special leave laws, are granted the following
leave privileges subject to the conditions hereunder
stated;
• Funeral/mourning leave
• Graduation leave
• Enrolment leave
• Wedding/anniversary leave
• Birthday leave
• Hospitalization leave
• Accident leave
• Relocation leave
• Government transaction leave
• Calamity leave
 The official/employee may be granted a maximum of
three (3) days within a calendar year of any or
combination of special leave privileges of his choice which
he could opt to avail of.
 
The official/employee shall submit the application for
the said special leave privileges at least one (1) week prior
to its availment except in emergency cases.
 Officials and employees in the career and non-career
service whether permanent, temporary, casual or
coterminous, who have accumulated fifteen (15) days are
allowed to monetize a minimum of ten (10 ) days;
provided that at least five (5) days is retained after
monetization and provided that a maximum of thirty (30)
days may be monetized in a given year.
 The mandatory annual five (5)-day vacation leave shall
be forfeited if not taken during the year.
 
Terminal leave is applied for by an official or an
employee who intends to sever his connection with his
employer.
 
Teachers who have at least seven (7) years of
continuous service are entitled to study leave of absence
with pay not exceeding one (1) school year subject to
approval of the head of office.
 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 (1) year at the least.
 
Teacher’s vacation service credits refer to the leave
credits earned during summer or Christmas vacation, as
authorized by proper authority.
 
The study leave is a time off from work not exceeding
(6) months with pay for the purpose of assisting qualified
officials and employees to prepare for their bar/board
examinations or complete their masteral degree.
 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 (1) year at the least.
 
Teacher’s vacation service credits refer to the leave
credits earned during summer or Christmas vacation, as
authorized by proper authority.
 
The study leave is a time off from work not exceeding
(6) months with pay for the purpose of assisting qualified
officials and employees to prepare for their bar/board
examinations or complete their masteral degree.
 All applications for sick leave of absence for one (1) full
day or more shall be made on the prescribed form and
shall be filed immediately upon employee’s return from
such leave.
 
Notice of absence, however, should be sent to the
immediate supervisor and/or to the agency head.
 
Application for sick leave in excess of five (5) successive
days shall be accompanied by a proper medical certificate.
 Absence on a regular day for which suspension of work
is announced. Where an official or an employee fails to
report to work on a regular day for which suspension of
work is declared after the start of the regular working
hours, he shall not be considered absent for the whole
day. Instead, he shall only be deducted leave credits or the
amount corresponding to the time when official working
hours start up to the time of suspension of work is
announced.
 The official/employee who has reached the compulsory
retirement age of sixty (60) but whose service has been
extended by the Commission for another six (6) months,
no longer earns leave credits.
 
An official or employee with pending administrative
case/s is not barred from enjoying leave privileges.
 Teachers exposed to hardship to the place of worked
determined by the Secretary of Education shall be
compensated hardship allowance equivalent to at least
25% of their monthly salary (R.A. 4670, Section 19 –
Magna Carta for Public School Teachers)
 
Teachers assigned to places declared by the President
as calamity areas shall be granted the equivalent of five
(5) days additional salary per month but payable only for
the duration of the calamity period (R.A. 5447 – The
Special Education Fund Act).
 Teachers exposed to hardship or extreme difficulty in
the place of work and teachers assigned to handle multi-
grade classes as determined by the Secretary of DECS
shall be compensated special hardship allowance
equivalent to at least 25% of the basic pay.
 HAZARD DUTY PAY
 This refers to the compensation premium or
allowance paid to officials and employees actually
assigned or stationed in a work area which
exposes them to great danger, occupational risks,
or perils in life.
 PRODUCTIVITY INCENTIVE
BENEFITS
 It shall be based on the individual personnel
productivity and performance as evaluated and
determined by the heads of the respective
offices/agencies in accordance with the policies
and standards set by the Civil Service
Commission.
 CASH ALLOWANCE TO
TEACHERS
 It is provided for the teachers for the purchase of
the chalk, erasers, forms, and other classroom
supplies directly used shall be paid only to
classroom teachers.
 YEAR-END BONUS
AND CASH GIFT
 All government personnel, whether appointed or
elective under regular, temporary or casual status
and contractual personnel whose employment is
in the nature of the regular employee, who are
still in the service as of October 31 each year, are
granted with this incentive.
AUTOMATIC ANNUITY
 Monthly pension is paid guaranteed for five (5)
years from the date of retirement. After the five
(5) year period, payment of the monthly annuity
continues if the retiree is still living.
 FIVE-YEAR LUMP SUM
 This is available only to those who are at
least sixty-three (63) years of age or over on
the date of retirement. After five (5) years, if
still living, retiree is paid monthly annuity for
life.
 INITIAL THREE-YEAR
LUMP SUM
 This is available to those who are at least sixty
(60) years of age on the date of retirement. The
subsequent two-year lump sum is paid to the
retiree on his 63rd birthday. . After five (5) years, if
still living, retiree is paid monthly annuity for life.
SALARY ADJUSTMENT
 It is based on approved ERF of Teachers
Appropriation provided annually in General
Appropriations Act (GAA).
 STEP INCREMENT
 It shall be granted to all deserving officials and
employees based on merit and length of service.
Appropriations provided annually in the General
Appropriations Act (GAA).
 DECS PROVIDENT FUND
 It aims to provide DECS official and employees
benefits and loans for emergency needs, and that
of their immediate dependents and that of their
children, for their hospitalization, and that of their
immediate dependents, and for other similar
purposes to be determined by the Board of
Trustees.
 DECS SHELTER PROGRAM
 It aims to provide affordable and decent housing
to employees through coordination with
government housing and financing institutions
and private subdivision developers.
AUTOMATIC UPGRADING OF POSITIONS FOR
ELIGIBLE PUBLIC SCHOOL TEACHERS
THROUGH THE ERFS SCHEME
 This is the automatic position upgrading granted
to Teacher I who have rendered twenty (20) years
or more with satisfactory teaching service without
the need for filing an application for ERF
upgrading.