Unit 4 - The Teacher as Professional PDF

The Teacher as a Professional Reporters: Ellaiza Ruzol Jerico Cuenz Rani Martin Marvin Pancepane 04 UNIT Table Of Contents 01 The Professionalization of Teaching Teachers as a...

The Teacher as a Professional Reporters: Ellaiza Ruzol Jerico Cuenz Rani Martin Marvin Pancepane 04 UNIT Table Of Contents 01 The Professionalization of Teaching Teachers as a Persons in Authority 04 02 Professional Ethics Teacher’s Rights, Duties, and Responsibilities 05 03 Teacher Welfare and Privileges  The Professionalization of Teaching  Decree Professionalizing Teaching (PD 1006) Decree Professionalizing Teaching (PD 1006) Presidential Decree (PD) 1006, also known as the Decree Professionalizing Teaching, was a landmark legislation in the Philippines that significantly transformed the teaching profession. It aimed to elevate the status of teachers, regulate their practice, and ensure a high standard of quality in education. This decree, issued by President Ferdinand E. Marcos on September 22, 1976, introduced several key provisions that directly impacted the teacher as a profession. Decree Professionalizing Teaching (PD 1006) Article 1: Title - This decree is formally titled "Decree Professionalizing Teaching" Article 2: Declaration of Policy - This article establishes the government's commitment to prioritize and enhance teacher education. It emphasizes the need for high- quality teacher training that is relevant to Philippine conditions, the needs of Filipino people, and open to adopting best practices from other nations. Decree Professionalizing Teaching (PD 1006) Article 3: Definition of Terms This article clarifies the meaning of key terms used in the decree: Teaching: Defined as the profession primarily focused on classroom instruction at the elementary and secondary levels, adhering to the national curriculum. This encompasses both full-time and part-time teaching positions in public and private schools. Board: Refers to the National Board for Teachers, established by this decree Decree Professionalizing Teaching (PD 1006) Article 4: Creation of the National Board for Teachers This article establishes the National Board for Teachers (NBT) as the governing body for the teaching profession. The NBT is composed of: Secretary of Education and Culture (Co-Chairman) Chairman of the Civil Service Commission (Co- Chairman) Decree Professionalizing Teaching (PD 1006) Article 5: Powers and Duties of the National Board for Teachers. This article outlines the NBT's responsibilities, including: Appointing examiners for the teacher licensure examination. Setting the examination content, dates, and locations. Overseeing the conduct of the examinations. Decree Professionalizing Teaching (PD 1006) Article 6: Qualification Requirements for Examination Applicants. This article establishes the eligibility criteria for aspiring teachers to take the licensure examination. Applicants must meet the following requirements: Be a citizen of the Philippines (with some exceptions for those with at least five years of teaching experience in Philippine schools). Possess good moral character. Be free from any physical or mental defects that would hinder their ability to teach effectively. Decree Professionalizing Teaching (PD 1006) Article 7: Appointment of Examiners This article outlines the process for appointing examiners for the teacher licensure examination. The NBT selects recognized authorities in teacher education, ensuring their expertise and credibility. Their names are kept confidential until after the examination results are released. Examiners receive compensation for their services. Decree Professionalizing Teaching (PD 1006) Article 8: Scope of the Examination This article defines the scope of the teacher licensure examination. It emphasizes that the examination content should align with the teaching plans of schools legally established in the Philippines. The NBT determines the specific content and format of the examination Decree Professionalizing Teaching (PD 1006) Article 9: Ratings in the Examination. This article sets the passing standards for the teacher licensure examination. Candidates must achieve a general average of at least 70% across all subjects, with no individual subject score below 50%. Article 10: Report of the Results of Examination. This article mandates that examiners submit the examination results to the NBT within 150 days after the last day of the examination, unless an extension is granted The Philippine Teachers’ Professionalization Act (RA 7836) The Philippine Teachers’ Professionalization Act (RA 7836) Republic Act 7836, also known as the "Philippine Teachers Professionalization Act of 1994", is a landmark legislation in the Philippines that aims to strengthen the regulation and supervision of the teaching profession. It establishes a comprehensive framework for the licensure examination for teachers and sets forth the qualifications, duties, and responsibilities of professional educators in the country. The Philippine Teachers’ Professionalization Act (RA 7836) Article I: Title Section 1: Short Title This section defines the law's official name as the "Philippine Teachers Professionalization Act of 1994." Section 2: Statement of Policy This section emphasizes the state's recognition of the crucial role teachers play in nation-building through education and its commitment to ensuring quality education by regulating the teaching profession and the licensure examination. The Philippine Teachers’ Professionalization Act (RA 7836) Section 3: Objectives This section outlines the primary objectives of the law: a promoting, developing, and professionalizing teachers and the teaching profession, and supervising and regulating the licensure examination. Section 4: Definition of Terms This section defines key terms used throughout the law, including "teaching," "teachers," "board," and "commission." It clarifies the scope of the teaching profession, encompassing classroom instruction at the elementary and secondary levels, as well as supervisory and administrative roles in schools. The Philippine Teachers’ Professionalization Act (RA 7836) Article II: Board for Professional Teachers Section 5: Creation and Composition of the Board This section establishes the Board for Professional Teachers Board a collegial body under the supervision of the Professional Regulation Commission (PRC), composed of five members appointed by the President of the Philippines. The members are chosen from a list of nominees selected by accredited teacher associations and must possess specific qualifications. The first Board members are automatically registered as professional teachers upon assuming office. Amendments to certain Sections of R.A. 7836 (RA 9293) Amendments to certain Sections of R.A. 7836 (RA 9293) Republic Act No. 9293, enacted on April 21, 2004, amended certain sections of Republic Act No. 7836, also known as the "Philippine Teachers Professionalization Act of 1994." These amendments aimed to improve the quality of education in the Philippines by enhancing the qualifications of teachers, streamlining the registration process, and providing provisions for para-teachers.  Amendments to certain Sections of R.A. 7836 (RA 9293) SECTION 1. Section 15, of Republic Act No. 7836 is hereby amended as follows: "SEC. 15. Qualification Requirements of Applicants. - No applicant shall be admitted to take the examination unless, on the date of filing of the application, he shall have complied with the following requirements: A graduate of a school, college or university recognized by the government and possesses the minimum educational qualifications, as follows: For teachers in preschool, a bachelor's degree in early childhood education (BECED) or its equivalent For teachers in the elementary grades, a bachelor's degree in elementary education (BSEED) or its equivalent For teachers in the secondary grades, a bachelor's degree in education or its equivalent with a major and minor, or a bachelor degree in arts and sciences with at least eighteen units in professional education and For teachers of vocational and two-year technical courses, a bachelor's degree in the field of specialization or its equivalent, with at least eighteen (18) units in professional education." Amendments to certain Sections of R.A. 7836 (RA 9293) SEC. 2. Section 26 of the same Act is hereby amended to read as follows: SEC. 26. Registration and Exception. - No person shall engage in teaching and/or act as a professional teacher as defined in this Act, whether in the preschool, elementary or secondary level, unless the person is a duly registered professional teacher, and a holder of a valid certificate of registration and a valid professional license or a holder of a valid special/temporary permit. Amendments to certain Sections of R.A. 7836 (RA 9293) Upon approval of the application and payment of the prescribed fees, the certificate of registration and professional license as a professional teacher shall be issued without examination as required in this Act to a qualified applicant, who is: A holder of a certificate of eligibility as a teacher issued by the Civil Service Commission and the Department of Education, Culture and Sports; or A registered professional teacher with the National Board for Teachers under the Department of Education, Culture and Sports (DECS) pursuant to Presidential Decree No. 1006. Amendments to certain Sections of R.A. 7836 (RA 9293) Professional teachers who have not practiced their profession for the past five years shall take at least twelve units of education courses, consisting of at least six units of pedagogy and six units of content courses, or the equivalent training and number of hours, to be chosen from a list of courses to be provided by the Board and the Department of Education, before they can be allowed to practice their profession in the country. Amendments to certain Sections of R.A. 7836 (RA 9293) Those who have failed the licensure examination for professional teachers, with a rating of not lower than five percentage points from the passing general average rating, shall be eligible as para-teachers upon issuance by the Board of a two-year special permit, renewable for a non- extendible period of two years. The para-teachers shall be assigned to areas where there is a shortage or absence of a professional teacher, as identified and provided by the Department of Education and the Autonomous Region for Muslim Mindanao (ARMM) education department to the Board for professional teachers and to the Commission. The special permit shall indicate the area of assignment of the para-teacher. Amendments to certain Sections of R.A. 7836 (RA 9293) Those who have failed the licensure examination for professional teachers, with a rating of not lower than five percentage points from the passing general average rating, shall be eligible as para-teachers upon issuance by the Board of a two-year special permit, renewable for a non-extendible period of two years. The para-teachers shall be assigned to areas where there is a shortage or absence of a professional teacher, as identified and provided by the Department of Education and the Autonomous Region for Muslim Mindanao (ARMM) education department to the Board for professional teachers and to the Commission. The special permit shall indicate the area of assignment of the para-teacher. A special permit may also be issued by the Board to a person who has excelled and gained international recognition and is a widely acknowledged expert in his or her respective field of specialization." Amendments to certain Sections of R.A. 7836 (RA 9293) SEC. 3. Section 31 of the same Act is hereby amended to read as follows: "SEC. 31. Transitory Provision. - Special permits, with a validity of three and five years, issued to para-teachers by the Board for Professional Teachers before the effectivity of this Act shall be allowed to Expire based on the period granted therein: Provided, That only special permits with a validity of three years may be renewed upon expiration for a non-extendible period of two years." SEC. 4. References to the term "Department of Education, Culture and Sports", in Section 4 and Section 25, and the term "DECS" in Section 20, of the same Act, are hereby amended to read as "Department of Education" and "DepEd", respectively Amendments to certain Sections of R.A. 7836 (RA 9293) SEC. 5. Separability Clause. — If, for any reason, any section or provision of this Act or the application of such section or provision to any person or circumstance is declared unconstitutional or invalid, no other section or provision of this Act shall be affected thereby. SEC. 6. Repealing Clause. — All laws, decrees, circulars, administrative orders, rules and regulations, and other issuances which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly. SEC. 7. Effectivity. — This Act shall take effect upon approval. Professional Ethics: Code of Conduct for Professional Teachers Code of Conduct for Professional Teachers CODE OF ETHICS FOR PROFESSIONAL TEACHERS Pursuant to the provisions of paragraph (e), Article 11, of R.A. No. 7836, otherwise known as the Philippine Teachers Professionalization Act of 1994 and paragraph (a), section 6, P.D. No. 223, as amended, the Board for Professional Teachers hereby adopt the Code of Ethics for Professional Teachers Code of Conduct for Professional Teachers PREAMBLE Teachers are duly licensed professionals who possesses dignity and reputation with high moral values as well as technical and professional competence in the practice of their noble profession, and they strictly adhere to, observe, and practice this set of ethical and moral principles, standards, and values. Article I: Scope and Limitations Section 1. The Philippine Constitution provides that all educational institution shall offer quality education for all competent teachers. Committed to its full realization, the provision of this Code shall apply, therefore, to all teachers in schools in the Philippines. Section 2. This Code covers all public and private school teachers in all educational institutions at the preschool, primary, elementary, and secondary levels whether academic, vocational, special, technical, or non-formal. The term “teacher” shall include industrial arts or vocational teachers and all other persons performing supervisory and /or administrative functions in all school at the aforesaid levels, whether on full time or part- time basis. Article II: The Teacher and the State Section 1. The schools are the nurseries of the future citizens of the state; each teacher is a trustee of the cultural and educational heritage of the nation and is under obligation to transmit to learners such heritage as well as to elevate national morality, promote national pride, cultivate love of country, instil allegiance to the constitution and for all duly constituted authorities, and promote obedience to the laws of the state. Section 2. Every teacher or school official shall actively help carry out the declared policies of the state, and shall take an oath to this effect. Article II: The Teacher and the State Section 3. In the interest of the State and of the Filipino people as much as of his own, every teacher shall be physically, mentally and morally fit. Section 4. Every teacher shall possess and actualize a full commitment and devotion to duty. Section 5 A teacher shall not engage in the promotion of any political, religious, or other partisan interest, and shall not, directly or indirectly, solicit, require, collect, or receive any money or service or other valuable material from any person or entity for such purposes. Article II: The Teacher and the State Section 6. Every teacher shall vote and shall exercise all other constitutional rights and responsibility. Section 7. A teacher shall not use his position or official authority or influence to coerce any other person to follow any political course of action. Section 8. Every teacher shall enjoy academic freedom and shall have privilege of expounding the product of his researches and investigations; provided that, if the results are inimical to the declared policies of the State, they shall be brought to the proper authorities for appropriate remedial action. Article III: The Teacher and the Community Section 1. A teacher is a facilitator of learning and of the development of the youth; he shall, therefore, render the best service by providing an environment conducive to such learning and growth. Section 2. Every teacher shall provide leadership and initiative to actively participate in community movements for moral, social, educational, economic and civic betterment. Section 3. Every teacher shall merit reasonable social recognition for which purpose he shall behave with honour and dignity at all times and refrain from such activities as gambling, smoking, drunkenness, and other excesses, much less illicit relations. Article III: The Teacher and the Community Section 4. Every teacher shall live for and with the community and shall, therefore, study and understand local customs and traditions in order to have sympathetic attitude, therefore, refrain from disparaging the community. Section 5. Every teacher shall help the school keep the people in the community informed about the school’s work and accomplishments as well as its needs and problems. Section 6. Every teacher is intellectual leader in the community, especially in the barangay, and shall welcome the opportunity to provide such leadership when needed, to extend counselling services, as appropriate, and to actively be involved in matters affecting the welfare of the people. Article III: The Teacher and the Community Section 7. Every teacher shall maintain harmonious and pleasant personal and official relations with other professionals, with government officials, and with the people, individually or collectively. Section 8. A teacher possesses freedom to attend church and worships as appropriate, but shall not use his positions and influence to proselyte others. Article IV: A Teacher and the Profession Section 1. Every teacher shall actively insure that teaching is the noblest profession, and shall manifest genuine enthusiasm and pride in teaching as a noble calling. Section 2. Every teacher shall uphold the highest possible standards of quality education, shall make the best preparations for the career of teaching, and shall be at his best at all times and in the practice of his profession. Section 3. Every teacher shall participate in the Continuing Professional Education (CPE) program of the Professional Regulation Commission, and shall pursue such other studies as will improve his efficiency, enhance the prestige of the profession, and strengthen his competence, virtues, and productivity in order to be nationally and internationally competitive. Article IV: A Teacher and the Profession Section 4. Every teacher shall help, if duly authorized, to seek support from the school, but shall not make improper misrepresentations through personal advertisements and other questionable means. Section 5. Every teacher shall use the teaching profession in a manner that makes it dignified means for earning a decent living. Article V: The Teachers and the Profession Section 1. Teachers shall, at all times, be imbued with the spirit of professional loyalty, mutual confidence, and faith in one another, self-sacrifice for the common good; and full cooperation with colleagues. When the best interest of the learners, the school, or the profession is at stake in any controversy, teachers shall support one another. Section 2. A teacher is not entitled to claim credit or work not of his own, and shall give due credit for the work of others which he may use. Section 3. Before leaving his position, a teacher shall organize for whoever assumes the position such records and other data as are necessary to carry on the work. Article V: The Teachers and the Profession Section 4. A teacher shall hold inviolate all confidential information concerning associates and the school, and shall not divulge to anyone documents which has not been officially released, or remove records from files without permission. Section 5. It shall be the responsibility of every teacher to seek correctives for what may appear to be an unprofessional and unethical conduct of any associate. However, this may be done only if there is incontrovertible evidence for such conduct. Article V: The Teachers and the Profession Section 6. A teacher may submit to the proper authorities any justifiable criticism against an associate, preferably in writing, without violating the right of the individual concerned. Section 7. A teacher may apply for a vacant position for which he is qualified; provided that he respects the system of selection on the basis of merit and competence; provided, further, that all qualified candidates are given the opportunity to be considered. Article VI: The Teacher and Higher Authorities in the Profession Section 1. Every teacher shall make it his duty to make an honest effort to understand and support the legitimate policies of the school and the administration regardless of personal feeling or private opinion and shall faithfully carry them out. Section 2. A teacher shall not make any false accusations or charges against superiors, especially under anonymity. However, if there are valid charges, he should present such under oath to competent authority. Article VI: The Teacher and Higher Authorities in the Profession Section 3. A teacher shall transact all official business through channels except when special conditions warrant a different procedure, such as when special conditions are advocated but are opposed by immediate superiors, in which case, the teacher shall appeal directly to the appropriate higher authority. Section 4. Every teacher, individually or as part of a group, has a right to seek redress against injustice to the administration and to extent possible, shall raise grievances within acceptable democratic possesses. In doing so, they shall avoid jeopardizing the interest and the welfare of learners whose right to learn must be respected. Article VI: The Teacher and Higher Authorities in the Profession Section 5. Every teacher has a right to invoke the principle that appointments, promotions, and transfer of teachers are made only on the basis of merit and needed in the interest of the service. Section 6. A teacher who accepts a position assumes a contractual obligation to live up to his contract, assuming full knowledge of employment terms and conditions. Article VII: School Officials, Teachers, and Other Personnel Section 1. All school officials shall at all times show professional courtesy, helpfulness and sympathy towards teachers and other personnel, such practices being standards of effective school supervision, dignified administration, responsible leadership and enlightened directions. Section 2. School officials, teachers, and other school personnel shall consider it their cooperative responsibility to formulate policies or introduce important changes in the system at all levels. Article VII: School Officials, Teachers, and Other Personnel Section 3. School officials shall encourage and attend the professional growth of all teachers under them such as recommending them for promotion, giving them due recognition for meritorious performance, and allowing them to participate in conferences in training programs. Section 4. No school officials shall dismiss or recommend for dismissal a teacher or other subordinates except for cause. Section 5. School authorities concern shall ensure that public school teachers are employed in accordance with pertinent civil service rules, and private school teachers are issued contracts specifying the terms and conditions of their work; provided that they are given, if qualified, subsequent permanent tenure, in accordance with existing laws. Article VIII: The Teachers and Learners Section 1. A teacher has a right and duty to determine the academic marks and the promotions of learners in the subject or grades he handles, provided that such determination shall be in accordance with generally accepted procedures of evaluation and measurement. In case of any complaint, teachers concerned shall immediately take appropriate actions, observing due process. Section 2. A teacher shall recognize that the interest and welfare of learners are of first and foremost concern, and shall deal justifiably and impartially with each of them. Section 3. Under no circumstance shall a teacher be prejudiced or discriminate against a learner. Article VIII: The Teachers and Learners Section 4. A teacher shall not accept favours or gifts from learners, their parents or others in their behalf in exchange for requested concessions, especially if undeserved. Section 5. A teacher shall not accept, directly or indirectly, any remuneration from tutorials other what is authorized for such service. Section 6. A teacher shall base the evaluation of the learner’s work only in merit and quality of academic performance. Section 7. In a situation where mutual attraction and subsequent love develop between teacher and learner, the teacher shall exercise utmost professional discretion to avoid scandal, gossip and preferential treatment of the learner. Article VIII: The Teachers and Learners Section 8. A teacher shall not inflict corporal punishment on offending learners nor make deductions from their scholastic ratings as a punishment for acts which are clearly not manifestation of poor scholarship. Section 9. A teacher shall ensure that conditions contribute to the maximum development of learners are adequate, and shall extend needed assistance in preventing or solving learner’s problems and difficulties. Article IX: The Teachers and Parents Section 1. Every teacher shall establish and maintain cordial relations with parents, and shall conduct himself to merit their confidence and respect. Section 2. Every teacher shall inform parents, through proper authorities, of the progress and deficiencies of learner under him, exercising utmost candour and tact in pointing out the learner's deficiencies and in seeking parent’s cooperation for the proper guidance and improvement of the learners. Section 3. A teacher shall hear parent’s complaints with sympathy and understanding, and shall discourage unfair criticism. Article X: The Teacher and Business Section 1. A teacher has the right to engage, directly or indirectly, in legitimate income generation; provided that it does not relate to or adversely affect his work as a teacher. Section 2. A teacher shall maintain a good reputation with respect to the financial matters such as in the settlement of his debts and loans in arranging satisfactorily his private financial affairs. Section 3. No teacher shall act, directly or indirectly, as agent of, or be financially interested in, any commercial venture which furnish textbooks and other school commodities in the purchase and disposal of which he can exercise official influence, except only when his assignment is inherently, related to such purchase and disposal; provided they shall be in accordance with the existing regulations; provided, further, that members of duly recognized teachers cooperatives may participate in the distribution and sale of such commodities. Article XI: The Teacher as a Person Section 1. A teacher is, above all, a human being endowed with life for which it is the highest obligation to live with dignity at all times whether in school, in the home, or elsewhere. Section 2. A teacher shall place premium upon self-discipline as the primary principle of personal behaviour in all relationships with others and in all situations. Section 3. A teacher shall maintain at all times a dignified personality which could serve as a model worthy of emulation by learners, peers and all others. Section 4. A teacher shall always recognize the Almighty God as guide of his own destiny and of the destinies of men and nations. Article XII: Disciplinary Actions Section 1. Any violation of any provision of this code shall be sufficient ground for the imposition against the erring teacher of the disciplinary action consisting of revocation of his Certification of Registration and License as a Professional Teacher, suspension from the practice of teaching profession, or reprimand or cancellation of his temporary/special permit under causes specified in Sec. 23, Article III or R.A. No. 7836, and under Rule 31, Article VIII, of the Rules and Regulations Implementing R.A. 7836. Article XIII: Effectivity Section 1. This Code shall take effect upon approval by the Professional Regulation Commission and after sixty (60) days following its publication in the Official Gazette or any newspaper of general circulation, whichever is earlier. Code of Conduct for Public Officials and Employees (RA 6713) REPUBLIC ACT NO. 6713 Section 1. Title. This Act shall be known as the "Code of Conduct and Ethical Standards for Public Officials and Employees." Section 2. Declaration of Policies: It is the policy of the State to promote a high standard of ethics in public service. Public officials and employees shall at all times be accountable to the people and shall discharge their duties with utmost responsibility, integrity, competence, and loyalty, act with patriotism and justice, lead modest lives, and uphold public interest over personal interest. REPUBLIC ACT NO. 6713 Section 3. Definition of Terms. — As used in this Act, the term: Government: Includes all national and local government bodies, agencies, and government-owned corporations. Public Officials: Includes all types of government workers, whether elected or appointed, paid or unpaid, including military and police. Gift: A free item or favor given to someone, but not including small, unsolicited gifts. Receiving any gift: Accepting gifts, especially if they are valuable or given in exchange for favors, even during holidays. Loan: Includes all types of financial loans and arrangements for approval. Substantial stockholder: A person who owns enough stock to elect a company's board member. Family of public officials or employees: Spouses and unmarried children under 18. Person: Refers to both individuals and legal entities. Conflict of interest: When a public official’s private business interests conflict with their official duties. Divestment: Giving up ownership or interest in property, not including transfers to close family members. Relatives: Includes family members up to the fourth degree of relationship. REPUBLIC ACT NO. 6713 Section 4. Norms of Conduct of Public Officials and Employees: (a) Commitment to public interest. — Public officials and employees shall always uphold the public interest over and above personal interest. All government resources and powers of their respective offices must be employed and used efficiently, effectively, honestly and economically, particularly to avoid wastage in public funds and revenues. (b) Professionalism. — Public officials and employees shall perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill. They shall enter public service with utmost devotion and dedication to duty. They shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage. (c) Justness and Sincerity. — Public officials must always be fair, sincere, and respectful to everyone, particularly the poor and underprivileged. They should avoid illegal or immoral actions and should not show favoritism toward family members, except for specific confidential or personal staff positions. (d) Political neutrality. — Public officials and employees shall provide service to everyone without unfair discrimination and regardless of party affiliation or preference. REPUBLIC ACT NO. 6713 Section 4. Norms of Conduct of Public Officials and Employees: (e) Responsiveness to the public. - Public officials must provide prompt, courteous, and effective service to the public. They should communicate clearly, ensure transparency, encourage public input, and simplify procedures. They must avoid red tape and consider the socio-economic conditions, particularly in underprivileged areas. (f) Nationalism and patriotism. — Public officials and employees shall at all times be loyal to the Republic and to the Filipino people, promote the use of locally produced goods, resources and technology and encourage appreciation and pride of country and people. They shall endeavor to maintain and defend Philippine sovereignty against foreign intrusion. (g) Commitment to democracy. — Public officials and employees shall commit themselves to the democratic way of life and values, maintain the principle of public accountability, and manifest by deeds the supremacy of civilian authority over the military. They shall at all times uphold the Constitution and put loyalty to country above loyalty to persons or party. REPUBLIC ACT NO. 6713 Section 4. Norms of Conduct of Public Officials and Employees: (h) Simple living. — Public officials and employees and their families shall lead modest lives appropriate to their positions and income. They shall not indulge in extravagant or ostentatious display of wealth in any form. (B) The Civil Service Commission shall adopt positive measures to promote (1) observance of these standards including the dissemination of information programs and workshops authorizing merit increases beyond regular progression steps, to a limited number of employees recognized by their office colleagues to be outstanding in their observance of ethical standards; and (2) continuing research and experimentation on measures which provide positive motivation to public officials and employees in raising the general level of observance of these standards. REPUBLIC ACT NO. 6713 Section 5. Duties of Public Officials and Employees: (a) Act promptly on letters and requests: Reply to letters and requests from the public within 15 working days, including details of the action taken. (b) Submit annual performance reports: Heads of offices and agencies must submit annual performance reports within 45 working days after the year ends, and these reports must be publicly accessible during office hours. (c) Process documents and papers expeditiously: Official papers should be processed in a timely manner, with no more than three signatories. If authorized signatories are unavailable, the next-in-rank official should sign. (d) Act immediately on the public's personal transactions: Serve the public promptly and efficiently whenever they seek services. (e) Make documents accessible to the public: Public documents must be accessible and available for inspection by the public during reasonable working hours. REPUBLIC ACT NO. 6713 Section 6. System of Incentives and Rewards. Establishes a system of annual incentives and rewards to motivate and recognize public servants who demonstrate high ethical standards. A Committee on Awards, led by the Ombudsman and the Chairman of the Civil Service Commission, will oversee this system, reviewing the performance of public officials and employees to ensure they are recognized for their merit. Awards may include bonuses, citations, promotions, scholarships, and other forms of recognition based on years of service, performance quality, and unique achievements. Additionally, deserving individuals may receive promotions, and new positions will be included in future budgets if needed. REPUBLIC ACT NO. 6713 Section 7. Prohibited Acts and Transactions. (a) Financial and material interest. — Public officials and employees shall not, directly or indirectly, have any financial or material interest in any transaction requiring the approval of their office. (b) Outside employment and other activities related thereto. — Public officials and employees during their incumbency shall not: 1. Public officials and employees are prohibited from working in or managing private enterprises regulated by their office. 2. Practicing their profession in ways that conflict with their duties. 3. Recommending people for positions in businesses with official dealings with their office. (c) Disclosure and/or misuse of confidential information. — Public officials and employees shall not use or divulge, confidential or classified information officially known to them by reason of their office and not made available to the public REPUBLIC ACT NO. 6713 Section 7. Prohibited Acts and Transactions. (d) Solicitation or acceptance of gifts. — Public officials and employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office. Section 8 Statements and Disclosure. Requires public officials and employees to submit detailed financial disclosures, including their assets, liabilities, and business interests, along with those of their spouses and minor children. These statements must be filed within 30 days of taking office, annually by April 30, and within 30 days of leaving the service. Officials must also grant the Ombudsman access to their financial records. Additionally, they need to disclose their relatives working in government. These statements are available for public inspection and copying, with a restriction against using them for immoral or commercial purposes. REPUBLIC ACT NO. 6713 Section 9. Divestment. It mandates that public officials and employees must avoid conflicts of interest by resigning from any private business positions or divesting their shareholdings or interests within specified timeframes (30 days for resignation and 60 days for divestment) upon assuming their office. This rule also applies to those in partnerships. However, it does not apply to individuals serving in honorary roles, or to laborers and casual or temporary workers. Section 10. Review and Compliance Procedure. Sets up a system for reviewing and ensuring compliance with financial disclosure requirements for public officials. It gives Congress committees the authority to check if statements are complete and accurate, provide guidance, and correct issues. Public officials who follow these guidelines in good faith are protected from penalties. Other office heads also have review duties, with oversight from relevant authorities. REPUBLIC ACT NO. 6713 Section 11. Penalties. Outlines the penalties for violations of the Act by public officials or employees. Offenses can result in fines, suspension, or removal from office, depending on the severity. Specific violations of Sections 7, 8, or 9 can lead to imprisonment for up to five years or fines up to 5,000 pesos. Proven violations in administrative proceedings can also lead to removal or dismissal, even without criminal charges. Private individuals who conspire with officials face similar penalties, and those who misuse reports can be fined up to 25,000 pesos. Section 12. Promulgation of Rules and Regulations, Administration and Enforcement of this Act. The Civil Service Commission is responsible for administering and enforcing the Act, including referring violation cases for prosecution and taking necessary disciplinary actions. It can create rules and regulations to implement the Act, including guidelines for volunteers. Additionally, the Ombudsman will protect individuals who report violations by public officials and employees. Each House of Congress retains the right to discipline its members for miscondu REPUBLIC ACT NO. 6713 Section 13: Provisions for More Stringent Standards. The Act does not override stricter laws or regulations that may apply. Section 14: Appropriations. Funding for the Act will come from the Civil Service Commission’s budget and be included in future national budgets Section 15: Separability Clause. If any part of the Act is invalid, the remaining provisions will still apply. Section 16: Repealing Clause. Conflicting laws are repealed or modified unless they impose stricter penalties. Section 17: Effectivity. The Act will take effect 30 days after its publication. TEACHER WELFARE AND PRIVILEGES THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS (RA 4670) TEACHER WELFARE AND PRIVILEGES THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS (RA 4670) I. DECLARATION OF POLICY COVERAGE Section 1: Declaration of Policy This section establishes the core policy of the Act, which is to elevate the social and economic status of public school teachers. It aims to enhance their living conditions, employment terms, and career prospects to attract and retain qualified individuals in the teaching profession. By emphasizing the importance of qualified teachers in advancing education and contributing to national economic growth, this section sets the guiding principles that shape the entire "Magna Carta for Public School Teachers." TEACHER WELFARE AND PRIVILEGES THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS (RA 4670) I. DECLARATION OF POLICY Section 2: Title and Definition. This section names the Act as the "Magna Carta for Public School Teachers" and defines its scope. It applies to all public school teachers except those in the professorial staff of state colleges and universities. The term "teacher" is broadly defined to include individuals engaged in full-time classroom teaching at any level, guidance counselors, school librarians, vocational instructors, and those in supervisory or administrative roles within government- operated educational institutions. This definition ensures clarity in identifying who is covered under the Act and establishes the legal basis for interpreting and implementing the rights and protections afforded to teachers under this legislation. TEACHER WELFARE AND PRIVILEGES THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS (RA 4670) II. RECRUITMENT AND CAREER Section 3: Recruitment and Qualification. This section outlines the recruitment policy for public school teachers, specifying minimum educational qualifications. It mandates that applicants must hold specific degrees or professional units in education depending on the teaching level. It also provides provisions for appointing temporary teachers if qualified applicants are unavailable and establishes procedures for competitive examinations to ensure fair appointment processes. Section 4: Probationary Period. This section addresses the probationary period for newly recruited teachers. It states that no probationary period is required for teachers with appropriate civil service eligibility. However, those lacking such eligibility may be appointed provisionally and must undergo a probationary period of at least one year. This period allows for evaluation before permanent appointment is considered. TEACHER WELFARE AND PRIVILEGES THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS (RA 4670) II. RECRUITMENT AND CAREER Section 5: Tenure of Office. This section guarantees stability and security of tenure for teachers, aligning with existing laws. It stipulates that teachers appointed provisionally due to lack of civil service eligibility can obtain permanent status after ten years of continuous and efficient service. This provision ensures job security for teachers who meet performance standards over time. Section 6: Consent for Transfer. Transportation Expenses This section regulates the transfer of teachers between stations. It mandates that transfers require the teacher's consent unless justified by service exigencies. It establishes a process for appealing transfers and ensures that transportation expenses for the teacher and their family are covered by the government if the transfer is approved, providing safeguards against arbitrary reassignments. TEACHER WELFARE AND PRIVILEGES THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS (RA 4670) II. RECRUITMENT AND CAREER Section 7: Code of Professional Conduct for Teachers. This section mandates the formulation of a Code of Professional Conduct for Public School Teachers by the Secretary of Education. It aims to establish ethical standards and guidelines for teachers' professional behavior. The code ensures uniform expectations across schools and promotes professionalism among educators, contributing to a positive school environment. Section 8: Safeguards in Disciplinary Procedure. This section guarantees teachers equitable safeguards during disciplinary procedures. It outlines rights such as being informed of charges, accessing evidence, defending oneself with representation, and appealing decisions. It prohibits publicity of disciplinary actions during the process, protecting teachers' reputations and ensuring fair treatment in disciplinary matters. TEACHER WELFARE AND PRIVILEGES THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS (RA 4670) II. RECRUITMENT AND CAREER Section 9: Administrative Charges. This section specifies the process for handling administrative charges against teachers. It mandates that charges be heard by a committee chaired by the School Superintendent or a designated representative, ensuring a fair and impartial review. The committee submits findings and recommendations promptly to the Director of Public Schools, ensuring timely resolution of disputes and maintaining accountability in disciplinary proceedings. Section 10: No Discrimination. This section prohibits discrimination in the teaching profession based on non-professional considerations. It ensures that all individuals have equal opportunities to enter and exercise their roles in teaching, emphasizing meritocracy and fairness in employment practices within the education sector. TEACHER WELFARE AND PRIVILEGES THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS (RA 4670) II. RECRUITMENT AND CAREER Section 11: Married Teacher. This section encourages employment practices that facilitate both spouses being employed as public school teachers in the same locality whenever possible. It recognizes the benefits of familial stability and support for teachers, promoting policies that accommodate the needs of married couples working within the education system. Section 12: Academic Freedom. This section grants teachers academic freedom in performing their professional duties, particularly in teaching methods and classroom practices. It ensures that educators have the autonomy to innovate and express diverse perspectives within their educational roles, fostering intellectual growth and creativity in teaching practices. TEACHER WELFARE AND PRIVILEGES THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS (RA 4670) III. HOURS OF WORK AND REMUNERATION Section 13: Teaching Hours This section regulates the maximum hours of actual classroom teaching for teachers, setting a limit of six hours per day. Teachers must have adequate time for preparation, correction of exercises, and other duties related to teaching. In exceptional circumstances, teachers may be required to teach up to eight hours per day, with additional compensation of at least 25% of their regular pay. Section 14: Additional Compensation This section mandates additional compensation for teachers involved in co-curricular, out-of-school, or other activities beyond their normal duties. Teachers engaged in more than six hours of actual classroom teaching per day receive an additional 25% of their regular remuneration. Similarly, non-teaching school officials working over eight hours daily also receive this compensation. It ensures fair remuneration for extra responsibilities undertaken by educators. TEACHER WELFARE AND PRIVILEGES THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS (RA 4670) III. HOURS OF WORK AND REMUNERATION Section 15: Criteria for Salaries. This section establishes criteria for determining teachers' salaries. Salaries should be comparable to those in occupations requiring similar qualifications and abilities. They should also ensure a reasonable standard of living for teachers and their families. The salary structure must recognize varying levels of qualifications and responsibilities, maintaining a reasonable balance between the lowest and highest paid positions in the teaching profession. Section 16: Salary Scale. This section outlines the progression of teachers' salaries from a minimum to a maximum scale over a maximum period of ten years. Automatic salary increments are granted every three years, contingent upon satisfactory efficiency ratings. It ensures that teachers' salaries increase gradually based on tenure and performance, promoting stability and motivation within the profession. TEACHER WELFARE AND PRIVILEGES THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS (RA 4670) III. HOURS OF WORK AND REMUNERATION Section 17: Equality in Salary Scales. This section mandates that teachers employed by local governments must receive salaries equal to or higher than those provided by the national government. It ensures parity in salary scales across different administrative levels, preventing disparities that could undermine fair compensation practices within the teaching profession. Section 18: Cost of Living Allowance. This section guarantees that teachers' salaries will be adjusted to account for changes in the cost of living. A cost-of-living allowance is provided based on changes in a cost-of-living index, ensuring that teachers' purchasing power remains relatively stable despite inflationary pressures. It mandates annual recommendations to Congress for funding these allowances, thereby safeguarding teachers' financial well-being TEACHER WELFARE AND PRIVILEGES THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS (RA 4670) III. HOURS OF WORK AND REMUNERATION Section 19: Special Hardship Allowances. This section provides special hardship allowances for teachers working in challenging environments, such as remote areas with difficult commuting or hazardous conditions. These allowances, equivalent to at least 25% of monthly salary, aim to compensate for additional difficulties faced by teachers in their work locations, ensuring equitable treatment across different work environments. Section 20: Salaries to be Paid in Legal Tender. This section ensures that teachers' salaries are paid in legal tender of the Philippines or equivalent instruments like checks or treasury warrants. It guarantees that teachers can easily cash their salaries at authorized government offices or banking institutions, providing convenience and security in salary transactions. Section 21: Deductions Prohibited. This section prohibits any unauthorized deductions from teachers' salaries. Deductions can only be made under specific legal authority, such as dues to teachers' associations or premiums for insurance policies, with the written consent of the teacher. It protects teachers from unauthorized financial deductions, ensuring transparency and fairness in salary disbursements. TEACHER WELFARE AND PRIVILEGES THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS (RA 4670) IV. HEALTH MEASURES AND INJURY BENEFITS Section 22: Medical Examination and Treatment This section mandates free medical examinations for all teachers before they begin teaching and at least annually thereafter. If medical examinations indicate the need for treatment or hospitalization, these services must be provided free of charge by the government entity employing the teachers. In areas lacking adequate medical facilities, teachers are entitled to seek necessary care elsewhere, with reimbursement for their travel expenses by the government. This ensures teachers' health is monitored and maintained throughout their careers, with provisions for necessary medical care. Section 23: Compensation for Injuries. This section ensures that teachers are covered for injuries sustained during employment, following existing laws governing occupational injuries. It recognizes the physical and mental strain inherent in teaching as compensable occupational hazards. The provision guarantees that teachers receive appropriate compensation and support for injuries sustained while performing their duties, ensuring their welfare and protection in the workplace. TEACHER WELFARE AND PRIVILEGES THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS (RA 4670) V. LEAVE AND RETIREMENT BENEFITS Section 24: Study Leave. This section grants teachers in public schools the right to study leave after seven years of service, not exceeding one school year. The Department of Education sets a schedule for granting this leave. During study leave, teachers receive at least 60% of their monthly salary. Accumulation of more than one year of study leave is generally not allowed, except for cases where additional time is needed to complete a thesis for graduate studies in education or related fields. Compensation is only provided for the first year of study leave, and the period counts towards seniority and pension calculations. Study leave exceeding one year may be granted by the Secretary of Education without compensation, contingent on the teacher maintaining a regular study load and achieving a passing grade in at least 75% of their courses. TEACHER WELFARE AND PRIVILEGES THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS (RA 4670) V. LEAVE AND RETIREMENT BENEFITS Section 25: Indefinite Leave This section allows for indefinite sick leave for teachers when their illness requires treatment lasting more than one year. It ensures that teachers facing prolonged medical issues can take leave without jeopardizing their employment status or benefits, providing necessary flexibility and support during health challenges. Section 26: Salary Increase upon Retirement This section guarantees public school teachers a one-range salary increase upon fulfilling the age and service requirements for retirement as per applicable laws. This increased salary serves as the basis for calculating retirement pay and subsequent monthly benefits. It ensures that retiring teachers receive enhanced financial benefits that reflect their years of service and contributions to the education system. TEACHER WELFARE AND PRIVILEGES THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS (RA 4670) IV. TEACHER'S ORGANIZATION Section 27: Freedom to Organize. This section affirms the right of public school teachers to freely establish and join organizations of their choice, whether local or national. Teachers are empowered to form associations that advocate for their interests and welfare without requiring prior authorization. This provision ensures teachers' freedom of association, allowing them to collectively address issues affecting their profession. Section 28: Discrimination Against Teachers Prohibited. This section prohibits discrimination against teachers based on their membership or participation in organizations. It safeguards teachers from any actions intended to prevent them from joining or participating in organizations, including threats of dismissal or prejudice. It ensures that teachers can engage in organizational activities both within and outside school hours without facing adverse consequences in their employment. This protection promotes fair treatment and upholds teachers' rights to engage in collective actions. TEACHER WELFARE AND PRIVILEGES THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS (RA 4670) IV. TEACHER'S ORGANIZATION Section 29: National Teachers' Organizations. This section mandates that national teachers' organizations be consulted in the formulation of national educational policies, professional standards, and social security policies affecting teachers. It recognizes the importance of input from teachers' representatives in shaping education and social security frameworks at the national level. This provision ensures that teachers have a voice in policy-making processes that directly impact their profession and well-being.  TEACHER WELFARE AND PRIVILEGES THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS (RA 4670) VII. ADMINISTRATION AND ENFORCEMENT Section 30: Rules and Regulations. This section authorizes the Secretary of Education to formulate rules and regulations necessary for implementing the provisions of the Act. These rules and regulations must be published in a newspaper of general circulation and other appropriate means to ensure public awareness. They become effective thirty days after publication. This provision ensures that the details and operational aspects of the Act are clearly defined and uniformly applied. Section 31: Budgetary Estimates. This section mandates the Secretary of Education to annually submit budget estimates to Congress for funding the benefits provided under the Act to public school teachers employed by the National Government. It ensures that sufficient financial resources are allocated to support the implementation of the Act's provisions, including salaries, benefits, and other entitlements for teachers.  TEACHER WELFARE AND PRIVILEGES THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS (RA 4670) VII. ADMINISTRATION AND ENFORCEMENT Section 32: Penal Provision. This section establishes penalties for individuals who willfully interfere with, restrain, coerce, or otherwise act to defeat any rights guaranteed to teachers under this Act. Offenders may face fines ranging from one hundred to one thousand pesos or imprisonment, depending on the court's discretion. If the offender is a public official, dismissal from government service may also be ordered. This provision serves as a deterrent against actions that undermine the rights and protections afforded to teachers under the law. Section 33: Repealing Clause. This section repeals or modifies any existing laws, executive orders, or implementing rules that are inconsistent with the provisions of this Act. It ensures that the Act supersedes any conflicting legislation or regulations, streamlining legal frameworks to align with the rights and benefits outlined specifically for public school teachers.  TEACHER WELFARE AND PRIVILEGES THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS (RA 4670) VII. ADMINISTRATION AND ENFORCEMENT Section 34: Separability Clause This section ensures that if any provision of the Act is deemed invalid by a court, the remainder of the Act remains in force and effective. It prevents the entire Act from becoming void due to the invalidity of one provision, maintaining continuity and enforcement of the remaining provisions that are legally sound. Section 35: Effectivity. This section specifies that the Act shall take effect immediately upon its approval. It marks the commencement of the Act's legal application and the beginning of its implementation to benefit public school teachers as outlined in its provisions. THE TEACHER RIGHTS, DUTIES AND RESPONSIBILITIES (THE EDUCATION ACT 1982 BP 232) THE EDUCATION ACT 1982 BP 232 “I. GENERAL PROVISIONS” CHAPTER 1 Preliminary Matters Section 1. Title. This Act shall be known as the “Education Act of 1982. Section 2. Coverage. This Act shall apply to and govern both formal and non-formal systems in public and private schools in all levels of the entire educational system. CHAPTER 2 Declaration of Basic State Policy and Objectives Section 3. Declaration of Basic Policy. It is the policy of the State to established and maintain a complete, adequate and integrated system of education relevant to the goals of national development. Section 4. Declaration of Objectives. Provide for a broad general education that will assist each individuals in the peculiar ecology of his own society. THE EDUCATION ACT 1982 BP 232 “II. THE EDUCATIONAL COMMUNITY” CHAPTER 1 Preliminary Provisions Section 5. Declaration of Policy and Objectives. It is likewise declared government policy to foster, at all times, a spirit of shared purposes and cooperation among the members and elements of the educational community, and between the community and other sectors of society. Section 6. Definition and Coverage. “Educational community” refers to those persons or groups of persons as such or associated in institutions involved in organized teaching and learning systems. Section 7. Community Participation. Every educational institution shall provide for the establishment of appropriate bodies through which the members of the educational community may discuss relevant issues, and communicate information and suggestions for assistance and support of the school and for the promotion of their common interest. THE EDUCATION ACT 1982 BP 232 CHAPTER 2 RIGHTS Section 8. Rights of Parents. The rights under existing laws, all parents who have children enrolled in a school have the following rights to access to any official record directly relating to the children who are under their parental responsibility. Section 9. Right of Students in School. The limitation prescribed by law and regulations. Student and pupils in all schools shall enjoy their following rights to be free from involuntary contributions. Section 10. Rights of all School Personnel. The following rights shall be know 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. THE EDUCATION ACT 1982 BP 232 CHAPTER 2 RIGHTS Section 11. Special Rights and/or Privileges of Teaching or Academic Staff. Further to the rights mentioned in the preceding Section, every member of the teaching or academic staff shall enjoy the following rights and/or privileges to be free from involuntary contributions Section 12. Special Rights of School Administration. School administrators shall, in accordance with existing laws, regulations and policies of the Ministry of Education, Culture and Sports, be accorded sufficient administrative discretion necessary for the efficient and effective performance of their functions. Section 13. Rights of Schools. In addition to other rights provided for by law, schools shall provide for the proper governance of the school and to adopt and enforce administrative or management systems. THE EDUCATION ACT 1982 BP 232 CHAPTER 3 Duties and Obligations Section 14. Duties of Parents. Provided for under existing laws, all parents shall have the following duties and obligation and individually or collectively, through the school systems, shall help carry out the educational objectives in accordance with national goals Section 15. Duties and Responsibilities of Students. Every student shall know they and as a student Exert their utmost to develop their potentialities for service, Section 16. Teacher’s Obligations. Every teacher shall Perform his duties to the school by discharging his/her responsibilities. THE EDUCATION ACT 1982 BP 232 CHAPTER 3 Duties and Obligations Section 17. School Administrators’ Obligations. Every school administrator shall accountable for the efficient and effective administration and management of the school. Section 18. Obligations of Academic Non-Teaching Personnel. Academic non-teaching personnel shall they Assume promote and maintain an atmosphere conducive to service and learning. THE EDUCATION ACT 1982 BP 232 “III. THE EDUCATIONAL SYSTEMS” CHAPTER 1 FORMAL EDUCATION Section 19. Declaration of Policy. The State recognizes that formal education, or the school system, in society’s primary learning system, and therefore the main instrument for the achievement of the country’s educational goals and objectives. Section 20. Definition. “Formal Educational” refers to the hierarchically structured and chronologically graded learning organized and provided by the formal school system and for which certification is required in order for the learner to progress through the grades or move to higher levels. Section 21. Objectives of Elementary Education. The objectives of elementary education is to provide the knowledge and develop their skills, attitudes, and values essential to personal development. THE EDUCATION ACT 1982 BP 232 CHAPTER 1 FORMAL EDUCATION Section 22. Objectives of Secondary Education. The objectives of secondary education is to discover and enhance the different aptitudes and interests of the students Section 23. Objective of Tertiary Education. The objectives of tertiary education is provide a general education program that will promote national identity, cultural consciousness, moral integrity. THE EDUCATION ACT 1982 BP 232 CHAPTER 1 FORMAL EDUCATION Section 22. Objectives of Secondary Education. The objectives of secondary education is to discover and enhance the different aptitudes and interests of the students Section 23. Objective of Tertiary Education. The objectives of tertiary education is provide a general education program that will promote national identity, cultural consciousness, moral integrity. CHAPTER 2 Non-Education and Specialized Educational Services Section 24. Specialized Educational Service. The State further recognizes its responsibility to provide, within the context of the formal education system, services to meet special needs of certain clientele. THE EDUCATION ACT 1982 BP 232 CHAPTER 3 Establishment of Schools Section 25. Establishment of Schools. All schools shall be established in accordance with law. The establishment of new national schools and the conversion of existing schools from elementary to national secondary or tertiary schools shall be by law. Section 26. Definition of Terms The terms used in this Chapter are defined as schools are duly established institutions of learning or educational institutions. Section 27. Recognition of Schools. The educational operations of schools shall be subject to their prior authorization of the government, and shall be affected by recognition. THE EDUCATION ACT 1982 BP 232 CHAPTER 3 Establishment of Schools Section 28. Effects of Recognition; Punishable Violations. The issuance of a certificate of recognition to a school shall transforms the temporary permit to a permanent authority to operate. Section 29. Voluntary Accreditation. The Ministry shall encourage programs of voluntary accreditation for institution which desire to meet standards of quality over and above minimum required for State recognition. THE EDUCATION ACT 1982 BP 232 CHAPTER 4 Internal Organization of Schools Section 30. Organization of Schools. Each school shall establish such internal organization as will best enable it to carry out its academic and administrative functions, subject to limitations provided by law. Section 31. Governing Board. Every government college or university as a tertiary institution and every private school shall have a governing board pursuant to its charter or the Corporation Code of the Philippines, as the case may be. Section 32. Personnel Transactions. The terms and conditions of employment of personnel in government schools shall be governed by the Civil Service, budgetary and compensation laws and rules. THE EDUCATION ACT 1982 BP 232 CHAPTER 5 School Finance and Assistance Section 33. Declaration of Policy. It is hereby declared to be the policy of the State that the national government shall contribute to the financial support of educational programs pursuant to goals of education as declared in the Constitution. A. FUNDING OF REPUBLIC SCHOOLS Section 34. National Funds. Public school shall continue to be funded from national funds: Provided, That local governments shall be encouraged to assume operation of local public schools on the basis of national fund participation and adequate revenue sources which may be assigned by the national government for the purpose. THE EDUCATION ACT 1982 BP 232 CHAPTER 5 School Finance and Assistance A. FUNDING OF REPUBLIC SCHOOLS Section 36. Share of Local Government. Provinces, cities and municipalities and barangays shall appropriate funds in their annual budgets for the operation and maintenance of public secondary schools on the basis of national fund participation. Section 37. Special Education Fund. The proceeds of the Special Education Fund accruing to local governments shall be used exclusively for the purposes enumerated in Section 1 of Republic Act No. 5447. THE EDUCATION ACT 1982 BP 232 CHAPTER 5 School Finance and Assistance A. FUNDING OF REPUBLIC SCHOOLS Section 38. Tuition and other School Fees. Secondary and post-secondary schools may charge tuition and other school fees, in order to improve facilities or to accommodate more students. Section 39. Income from other Sources. Government-supported educational institution may receive grants, legacies, donations and gifts for purposes allowed by existing laws. THE EDUCATION ACT 1982 BP 232 CHAPTER 5 School Finance and Assistance B. FUNDING OF PRIVATE SCHOOLS Section 40. Funding of Private Schools. Private schools may be funded from their capital investment or equity contributions, tuition fees and other school charges, grants, loans, subsidies, passive investment income and income from other sources. Section 41. Government Assistance. The government, in recognition of their complementary role in the educational system, may provide aid to the programs of private schools in the form of grants or scholarships, or loans from government financial institutions. THE EDUCATION ACT 1982 BP 232 CHAPTER 5 School Finance and Assistance B. FUNDING OF PRIVATE SCHOOLS Section 42. Tuition and Other Fees. Each private school shall determine its rate of tuition and other school fees or charges. Section 43. Income from Other Sources. Any private school duly recognized by the government, may receive any grant and legacy, donation, gift, bequest or devise from any individual, institution, corporation, foundation, trust of philanthropic organization, or research institution or organization as may be authorized by law. Section 44. Institutional Funds. The proceeds from tuition fees and other school charges, as well as other income of schools, shall be treated as institutional funds. THE EDUCATION ACT 1982 BP 232 CHAPTER 5 School Finance and Assistance C. INCENTIVES TO EDUCATION Section 45. Declaration of Policy. It is the policy of the State in the pursuit of its national education development goals to provide an incentive program to encourage the participation of the community in the development of the educational sector. Section 46. Relating to School Property. Real property, such as lands, buildings and other improvements thereon used actually, directly and exclusively for educational purposes shall be subject to the real property tax based on an assessment of fifteen per cent of the market. THE EDUCATION ACT 1982 BP 232 CHAPTER 5 School Finance and Assistance C. INCENTIVES TO EDUCATION Section 47. Relating to Gifts or Donations to Schools. All gifts or donation in favor of any school, college or university recognized by the Government shall not be subject to tax. Section 48. Relating to Earnings from Established Scholarship Funds. All earnings from the investment of any duly established scholarship fund of any school recognized by the government, constituted from gifts to the school, and/or from contributions or other resources assigned to said fund by the school. THE EDUCATION ACT 1982 BP 232 CHAPTER 5 School Finance and Assistance C. INCENTIVES TO EDUCATION Section 49. School Dispersal Program. All gains realized from the sale, disposition or transfer of property, real or personal, of any duly established private school, college or university, in pursuance of a school dispersal program of the government or of the educational institution as approved by the government, shall be considered exempt from tax if the total proceeds of the sale are reinvested in a new or existing duly established school, college, or university located in the dispersal site, within one (1) year from the date of such sale, transfer or disposition Section 50. Conversion to Educational Foundations. An educational institution may convert itself into a non-stock, non-profit educational foundation, in accordance with the implementing rules to be issued jointly by the Ministry of Education, Culture and Sports and the Ministry of Finance. THE EDUCATION ACT 1982 BP 232 CHAPTER 5 School Finance and Assistance D. ASSISTANCE TO STUDENTS Section 51. Government Assistance to Students. The government shall provide financial assistance to financially disadvantaged and deserving students. Such assistance may be in the form of State scholarships, grants-in-aid, assistance from the Educational Loan Fund, or subsidized tuition rates in State colleges and universities. Section 52. Grant of Scholarship Pursuant to Existing Laws. Educational institutions shall be encouraged to grant scholarships to students pursuant to the provisions of existing laws and such scholarship measures as may hereafter be provided for by law. THE EDUCATION ACT 1982 BP 232 CHAPTER 5 School Finance and Assistance D. ASSISTANCE TO STUDENTS Section 53. Assistance from the Private Sector. The private sector, especially educational institutions, business and industry, shall be encouraged to grant financial assistance to students, especially those undertaking research in the fields of science and technology or in such projects as may be necessary within the context of national development. THE EDUCATION ACT 1982 BP 232 “IV. THE MINISTRY OF EDUCATION, CULTURE AND SPORTS” CHAPTER 1 GENERAL PROVISIONS Section 54. Declaration of Policy. The administration of the education system and, pursuant to the provisions of the Constitution, the supervision and regulation of educational institutions are hereby vested in the Ministry of Education, Culture and Sports, without prejudice to the provisions of the charter of any state college and university. Section 55. Organization. The Ministry shall be headed by the Minister of Education, Culture and Sports who shall be assisted by one or more Deputy Ministers. THE EDUCATION ACT 1982 BP 232 CHAPTER 1 GENERAL PROVISIONS Section 56. The National Board of Education is hereby abolished, and its appropriations, personnel, records, and equipment are hereby transferred to the Office of the Minister of Education, Culture and Sports. Section 57. Functions and Powers of the Ministry. The Ministry shallPlan, develop and implement programs and projects in education and culture. Section 58. Report to the Batasang Pambansa. The Minister of Education, Culture and Sports shall make an annual report to the Batasang Pambansa on the implementation of the national basic education plan, the current condition of the education programs. THE EDUCATION ACT 1982 BP 232 CHAPTER 2 BOARD OF HIGHER EDUCATION Section 59. Declaration of Policy. Higher education will be granted towards the provision of better quality education, the development of middle and high-level manpower, and the intensification of research and extension services. Section 60. Organization of the Board of Higher Education. The Board of Higher Education is reconstituted as an advisory body to the Minister of Education, Culture and Sports. Section 61. Function of the Board of Higher Education. The Board shall Assist the Minister of Education, Culture and Sports in making recommendation relatives to the generation of resources and their allocation for higher education. THE EDUCATION ACT 1982 BP 232 CHAPTER 3 THE BUREAUS Section 62. Bureau of Elementary Education. The Bureau shall perform the following functions Conduct the studies and formulate, develop, and evaluate programs and educational standards for elementary education. Section 63. Bureau of Secondary Education. The Bureau shall perform the following functions to Conduct studies and formulate, develop and evaluate programs and educational standards for secondary education. Section 64. Bureau of Technical and Vocational Education. The Bureau shall perform the following: Collaborate with other agencies in the formulation of manpower plans. THE EDUCATION ACT 1982 BP 232 CHAPTER 3 THE BUREAUS Section 65. Bureau of Higher Education. Develop toformulate and evaluate programs for educational standards for higher education. Section 66. Bureau of Continuing Education. As the main implementing arm of the non-formal education programs of the Ministry, the Bureau shall provide learning programs or activities. CHAPTER 4 REGIONAL OFFICES Section 67. Functions. Providing economical, effective education services to the people. THE EDUCATION ACT 1982 BP 232 “V. MISCELLANEOUS PROVISIONS” CHAPTER 1 PENAL ADMINISTRATIVE SANCTIONS Section 68. Penalty Clause. Any person upon conviction for an act in violation of Section 28, Chapter 3. Section 69. Administrative Sanction. The Minister of Education, Culture and Sports may prescribe and impose such administrative sanction as he may deem reasonable and appropriate in the implementing rules and regulations promulgated pursuant to this Act. THE EDUCATION ACT 1982 BP 232 CHAPTER 2 ADMINISTRATIVE PROVISIONS Section 70. Rule-making Authority Section 71. Separability Provision Section 72. Repealing clause Section 73. Effectivity TEACHERS AS PERSONS IN AUTHORITY (CA 578) TEACHERS AS PERSONS IN AUTHORITY (CA 578) This amendment modifies Article 152 of Act Numbered 3815, known as the Revised Penal Code, in the following ways: Section 1: Amends Article 152 of the Revised Penal Code to expand the definition of "persons in authority." Under this amendment: "Persons in authority" now include individuals directly vested with jurisdiction, whether as an individual or as a member of a court, governmental corporation, board, or commission. Specifically, teachers, professors, and persons responsible for supervising public or recognized private schools, colleges, and universities are also classified as "persons in authority." This classification affects the application of provisions within the Penal Code, particularly Articles 148 (Resistance and Disobedience) and 151 (Resistance and Serious Disobedience). TEACHERS AS PERSONS IN AUTHORITY (CA 578) This amendment modifies Article 152 of Act Numbered 3815, known as the Revised Penal Code, in the following ways: Section 2: Specifies that this Act takes effect immediately upon its approval, indicating the commencement of its legal application and enforcement. This amendment broadens the scope of individuals considered "persons in authority" under the Revised Penal Code. It ensures that teachers, professors, and school supervisors are afforded legal recognition and protection in their roles, particularly in situations involving the enforcement of laws related to resistance or disobedience.