POLYTECHNIC UNIVERSITY OF THE PHILIPPINES

OPEN UNIVERSITY SYSTEM

MEM 645
( EDUCATION LAWS, PRACTICES,TRENDS & ISSUES IN EDUCATION)
TOPIC: Laws Relating To Teaching Personnel

COMMONWEALTH ACTS NO. 177 & 578

Presented by: Remy L. Untalan

Presented to: Dr. Jocelyn Pick

Professor, MEM 645
TEACHERS AND THEIR SECURITY OF TENURE:
SOME LEGAL BASES
What is “Security of Tenure”?
The phrase “ security of tenure” is a constitution guarantee.

The 1987 Philippine Constitution, Article IX, B. The Civil

Service Commission, Sec. 2, subsection 3 states: No
officer or employee of the civil service shall be
removed or suspended except for cause provided by
law. Sub-section 6 also provides: Temporary employees
of the Government shall be given such protection as
may be provided by law.
COMMONWEALTH ACT NO. 177
This act places public school teachers under the Civil Service Rules and Regulations,

particularly those that affect their examination, appointment, transfer, separation,

suspension and reinstatement. This Act protects the teacher’s tenure of office.

( Approved, Nov. 13, 1936 )

COMMONWEALTH ACT NO. 177
An Act Amending and Repealing Some of the Provisions of Chapter

Twenty-Seven of Act Numbered Twenty-Seven Hundred Eleven.

Commonly Known as the Administrative Code of Nineteen Hundred

and Seventeen, and Providing Funds to Defray the Necessary Expenses

Due to the Extension of the Civil Service Law to all Branches and

Subdivisions of the Government.

Administrative Code of Nineteen Hundred and Seventeen
SECTION 2. Section six hundred and sixty-two of the Administrative Code is
hereby amended to read as follows:
“SEC. 662. Matters to be prescribed in civil service rules.— The civil-service rules
shall, among other things, prescribe the conditions which shall govern
certification from eligible registers, appointments to the service, separations
therefrom, suspensions, deductions from pay, reductions, reinstatements, and
transfers and shall define the procedure to be followed in such matters. They
shall also contain regulations concerning the hours of labor, the allowance of
leave of absence (including the withholding of salary for leave granted), and the
allowance of travel expenses and half salary of persons entitled thereto — all in
conformity with the provisions of this Code.
 THE ESSENCE OF SECURITY OF
TENURE
Professor Vicente G. Sinco in his book Philippine Political Law, has stated:

“Nothing can be more demoralizing to a group of civil servants than the fear that they
might be removed from their posts anytime at the pleasure of their superiors.

Security of tenure does not only mean that the employee is protected against illegal
dismissal. It also guarantees the employees against unwarranted transfers made without
their consent.
 THE LEGAL BASES OF
“TEACHERS AS PERSONS IN AUTHORITY”
Who is “person in authority”?

According to Article 152 of the Revised Penal Code

A “person in authority” is one “directly vested with jurisdiction,

whether as an individual or a member of some court or

government corporation, board or commission.”

In essence, teachers are NOT person in authority since they

are not directly vested with jurisdiction or power to govern and

execute laws. But “by legal fiction” because of the provisions of

Commonwealth Act 578 duly amended by article 152 of the

revised penal code, teachers became persons in authority

COMMONWEALTH ACT NO. 578
This law recognizes supervisors, teachers, and professors of public and recognized
private schools as persons in authority. Any person guilty of assault made directly or

indirectly upon a supervisor, teacher, or professor will be subject to penalty or

imprisonment ranging from six months and one day to six years and a fine from P500.00

to P1,000.00.

( Approved, June 8, 1940 )

 THE ESSENCE OF CA NO. 578
It is justifiable that teachers should have teacher’s protection
which is tantamount to child protection.
REFERENCES:
https://www.slideshare.net/lheyo/laws-relating-to-teaching-personnel

https://www.officialgazette.gov.ph/1917/03/10/act-no-2711/

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

http://lawyerly.ph/juris/view/c1fa3