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GABINETE, LPT
PEDRITO MAYO, LPT.
CLOTELDE FIEDACAN, LPT
LEGAL FOUNDATION
OF EDUCATION
Phil. Const. of 1987;
the Educational Decree 6-A;
the Educational Act of 1982,
otherwise known as Batas
Pambansa Bilang 232 and
the Educational Act of 1994,
otherwise known as Public Act No.
7722
various educational
legislations and other related
laws,
general orders and issuances
on policies
1. academic freedom,
2. the rights of parents,
students, teachers,
school administrators
and other school
personnel and their
3. duties and obligations
Educational Development
Decree of 1972 and the
NECS – New Elementary
School Curriculum and
the New Secondary School
Curriculum
•Quality education accessible to all. (Section 1)
•Complete, adequate, and integrated relevant education. (2.1.)
•Free public education in the elementary and high school level.
(2.2.)
•Scholarship grants, loans, subsidies and other incentives to
deserving students in both private and public schools. (2.3.)
•Non-formal, formal, and indigenous learning systems. (2.4)
•Vocational training to adults, disabled and out of school youth.
(2.5)
•Study of the constitution. (3.1)
•Study of values. (3.2)
•Optional religious instruction in public schools. (3.3.)
•Supervision and regulation of all schools. (3.4.)
•Control and administration of schools by Filipinos. (3.5)
•Exemption from taxes and duties. (3.6.)
•Academic freedom in institutions in higher learning. (5.2,3,4.)
•Assigning highest budget priority to education. (5.5.)
•National language is Filipino. (6.1.)
1. to foster patriotism and
nationalism;
2. to accelerate social progress;3. to
promote total human liberation and
development which is to foster love
of humanity, respect for human
rights, and
3. to provide quality education to all
citizens
THE EDUCATORS’SHOW
LEGAL FOUNDATION OF
EDUCATION
the States encourages non-
formal, informal and indigenous
learning systems. Informal and
indigenous learning include
various ways and methods
within the cultural communities
of preserving the indigenous life
systems of these cultural
communities
1. to provide training in civics, vocational
efficiency and other skills to adult
citizens, the disable and out of school
youth.
2. Adult education is designed to provide
training and skills development to
unemployed and underemployed youth
and adults so that they can be
employed.
3. And Special education is likewise
designed to meet the particular needs
of exceptional children, physically
handicap or gifted.
religion shall be
allowed to be
taught on a
voluntary basis in
public elementary
and high schools
RA 7722: HIGHER
EDUCATION ACT OF
1994
RA 7796: AN ACT CREATING THE
TECHNICAL EDUCATION AND
SKILLS DEVELOPMENT
AUTHORITY OF 1994
RA 9155:
AN ACT INSTITUTING A
FRAMEWORK OF GOVERNANCE
FOR BASIC EDUCATION,
ESTABLISHING AUTHORITY AND
ACCOUNTABILITY, RENAMING
THE DEPARTMENT OF
EDUCATION, CULTURE AND
SPORTS AS THE DEPARTMENT OF
EDUCATION AND FOR OTHER
PURPOSES
RA 4670 of 1966.
The COVERAGE:
All public school
teachers
ELIGIBILITY:
• Elementary School Teachers
• BEED Graduate
• PBET/LET Passer
• Secondary School Teachers
• BSE/BSEd Graduate/ Bachelor’s
Degree
• 18 units in major subject/ 18
units of professional education
subject
• PBET/LET Passer
THE EDUCATORS’SHOW
LEGAL FOUNDATION OF
EDUCATION
Act No. 74
January 1, 1901
RA 7687
• Scholarship programs for
careers in science and
technology.
PD 1006
September 22, 1976
• Considered teachers as
professionals and teaching
promulgated as a profession.
RA 7731
• Abolished the NCEE to give the
marginalized sector greater access
to college education.
RA 7743
• Created the Center of Excellence
in Teacher Education.
RA 7791
• Stretched the school year from 185
– 200 days.
RA 1265
• Made the observance of the flag
ceremony compulsory.
RA 7836
• An act professionalizing the
teaching profession.
A. Student Discipline
B. Right to Quality Education
vis-à-vis Obligation to Pay
Tuition and Other Fees
Legal Basis of School’s Authority to Discipline
1) Fine
2) Extra Work
3) Corporal Punishment
4) Grade Reduction
Sanctions for Grave Offenses
Section 76. Filing of Administrative Action.
When the offense committed is serious x x x the
school head shall cause the filing of the
corresponding administrative action against
the erring pupil or student. No disciplinary
sanction shall be applied upon any pupil or
student except for cause as defined in the rules
and regulations of the school or in this Manual,
and after due process shall have been observed.
The punishment shall be commensurate with
the nature and gravity of the offense.
Section 77. Categories of Administrative
Penalties. The three categories of
disciplinary administrative sanctions for
serious offenses or violation of school
rules and regulations which may be
applied upon an erring pupil or student
are: Suspension, Exclusion and
Expulsion
(Note: Also Non-Readmission)
Three (3) requirements before disciplinary
sanction (Section 77) may be imposed:
a) Must be for cause as
defined
b) Observance of due
process
c) Punishment must be
commensurate
I. Must be for cause as defined in the printed
rules and regulations of the school or in the
MRPS
Section 78. Authority to Promulgate
Disciplinary Rules. Every private schools shall
have the right to promulgate reasonable norms,
rules and regulations it may deem necessary and
consistent with the provisions of this Manual for
the maintenance of good school discipline and
class attendance. Such rules and regulations
shall be effective as of the date of promulgation
and notification to students in an appropriate
school issuance or publication.
What if the misconduct is
not defined and penalized by
written school rules, may the
student still be
administratively charged for
said act or omission?
Depends on the Type of Offense
Committed
* Two types of offenses
i) Generally accepted acts and/or omission
that are subject to disciplinary action
and imposition of sanctions;
ii) Acts and/or omission which by certain
school rule of conduct and standard of
morality are subject to disciplinary
action and imposition of sanctions.
II. After due process shall have been observed
Requirement of Due Process
The framers of our Constitution
placed due process first among the
provisions of the Bill of Rights.
The section states--
“No person shall be
deprived of life, liberty or
property without due
process of law.”
3) They shall be informed of the evidence
against them;
4) They shall have the right to adduce evidence
in their own behalf; and
5) The evidence must be considered by the
investigating committee or
official designated by the
school authorities to hear
and decide the case.
III. The punishment shall be commensurate with
the nature and gravity of the offense
School employees,
particularly teachers and other
academic personnel, are
definitely bound by the rule
that immorality is a valid
cause for termination. For as
teachers, they serve as an
example to the pupils and the
students, especially during
their formative years.
TEACHERS AS PROFESSIONALS
… because reprehensible
behavior such as the use of
trust relationship as leverage
for borrowing money is
involved.
… to avoid exertion
of undue influence by
teachers over the
students or their
parents
WILLFUL DISOBEDIENCE
The orders, regulations, or instructions of
the employer or representative must be:
1. Reasonable and lawful
2. Sufficiently known to the employee;
and
3. In connection with the duties which
the employee has been engaged to
discharge
Refusal to Relinquish Teaching as Requiredby
School Administration