SAINT ANTHONY COLLEGE OF TECHNOLOGY

Mabalacat City, Pampanga

GRADUATE SCHOOL

FINAL EXAMS
Legal Aspects in Education

ESSAY. Answer the following questions logically and concisely.

Hazel is a young and pleasant teacher in a school in a coastal area. She teaches Science to Grade 5 students
who have difficulty reading the Science textbook in English and comprehending the basic concepts. To solve this problem,
Hazel decided to hold her class by the shore one Saturday. Her class enjoyed the change and the students were very
participative since the class was conducted in the dialect.

Cite and explain the provisions or principles of laws that she may use to support her activities. (10 points)

II

Jaime is a registered professional teacher stationed at a public elementary school. It appears that on February 14,
2002, Jaime married Nadya at the Municipal Trial Court (MTC) of Mabalacat City, Pampanga. He had two children with
her, and had a church wedding before respondent found out that petitioner was already married. Nadya discovered that
Jaime had previously married a certain Katrina Padillia at the MTC in Angeles City, Pampanga, on December 20, 1996.
Nadya, likewise, learned that Jaime has already two children with his first wife. Thus, on November 2, 2008, Nadya filed a
letter-complaint with the DepEd division.

In his defense, Jaime, through a written statement denies the charges against him, and stated, among others,
that “na ako ay wala ng balita o komunikasyon sa aking unang asawa at ang paniwala ko ay siya ay patay na at ang aking
kasal ay nawala nang saysay.” He also argued that at the time of his marriage with Nadya, he is not yet a teacher as he
was admitted to the profession only in 2003, hence he cannot be held administratively liable for such act.

After due consideration of the complaint, affidavits, supporting documents and pleadings filed, the committee
composed by the School Division Superintendent, the division Supervisor, and Jaime’s co-teacher found a prima
facie case for immorality and dishonorable conduct against Jaime. The Committee found Jaime administratively liable of
the charges and terminated him from the service. Jaime’s appeal was also denied.

(a) Determine if all the equitable safeguards were afforded to Jaime? (5 points)
(b) Is the decision of the committee valid? Why or why not? (10 points)

III

Teacher Carol teaches in a public school in her locality. Due to shortage of teachers, her classroom teaching
starts from 6:00 in the morning and ends at 4:00 in the afternoon. Is the assignment given her just? (5 points)

IV

May is a bright student from a poor family. She graduated as valedictorian in both her elementary and high school
classes. Because of her academic performance, she was granted an academic scholarship in St. Therese University, a
private tertiary institution. In order to keep her grant, she needs to maintain a general weighted average of 1.50 with no
grade lower than 2.00 in any given subject. Unfortunately, May incurred a grade of 2.25 in her Theology class which
disqualified her for the scholarship for the next semester. She appealed to the Dean and school officials of the University,
but to no avail.

Desperate to graduate in St. Therese, she wrote a letter complaint seeking to compel the University to grant her
the scholarship despite her disqualification. She anchored her complaint on Section 1, Article XIV of the 1987
Constitution.

Will her complaint prosper? Why or why not? (10 points)