1. Commonwealth Acts

1.1 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 )

1.2 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 )

2. Republic Acts

2.1 Republic Act No. 660

This Act amended Section 12 of Commonwealth Act 186. The Act provides for automatic retirement at the age of 65 if the teacher has completed 15 years of service. If he has not, he shall be allowed to continue in service until he completes 15 years, unless he is otherwise eligible for disability retirement. Upon specific approval of the President of the Republic of the Philippines, an employee may be allowed to continue to serve after the age of 65 if he possesses special qualifications and his service are needed. It shall be the duty of the latter’s automatic separation from the service at least sixty days before his retirement takes effect.

2.2 Republic Act No. 842 ( Amended R. A. No. 312 )

The salary Act of 1953 (R.A No. 842) provides for a revised salary scale and automatic salary

increases for public school officials, teachers, and other school personnel. This law allocates the grades and the salary scale for the various positions. This Act provides further that a teacher with educational qualifications or civil service eligibility higher than the standard required for the position to which he is appointed, shall be given a higher entrance salary than a teacher who merely meets the standards. It also provides that salaries of all the school personnel shall first be adjusted in accordance with the entrance salary rates prescribed in this Act. After the adjustments in salary has been provided, increases for regular personnel shall be automatically effected until the maximum rates have been attained. (Approved, May 1, 1953)

2.3 Republic Act No. 1079

This law provides that civil service eligibility shall be permanent and shall have no limit. This Act

modifies the present civil service regulations which makes one’s eligibility lapse after two years of unemployment, from the date of passing the examination or extension of two years for every one year of service in the government

2.4 Republic Act No. 1080

This Act states that bar and board examination which require the candidates to have four years of college training and two years of experience are considered equivalent to the first grade regular examination; and those requiring less than four years of preparation are equivalent to the second grade regular examination. (Approved, June 15, 1954)

2.5 Republic Act No. 4670, entitled “ The Magna Carta for Public School Teachers”

The purpose of this Act is to promote and improve the social and economic status of public school

teachers – their living and working conditions, their terms of employment and career prospects. This will help public school teachers compare favorably with other professionals and therefore will attract and retain in the teaching profession more qualified people who are aware that education is an essential factor in the economic growth of the nation. (cf. Inclosure 1 and 2 for the full text)

3. Presidential Decrees

3.1 Presidential Decree No. 688 – Issued April 22, 1975,

the Decree returns to the Civil Service Commission (CSC) the power to give appropriate examination for public school teachers considering the fact that the CSC has better facilities than the DEC which continues to administer tests with the CSC’s

cooperation.

3.2 Presidential Decree No. 220 – Exempting SSS Benefits, Retirement

Gratuities, Pensions and Similar Benefits from Payment of Income Tax, Issued June 20, 1973.

3.4 Presidential Decree No. 1148 – Amending and Increasing the Pension of the Teachers Retired Under Act No. 3050

as Amended. Issued May 31, 1997.

Section 1 – The pension of a teacher who retired under Act No. 3050 shall be increased by one hundred pesos monthly, and that of every one of his/her beneficiaries, by fifty pesos monthly.

Section 2 – Appropriations for the fiscal year and annually thereafter shall come from inappropriate funds of the National Treasury.

3.5 Presidential Decree No. 1006 – Providing for the Professionalization of Teachers, Regulating their Practice in the Philippines and for Other Purpose. Issued Sept. 22, 1976.

The decree is known as the Decree Professionalizing Teaching. A National Board for Teachers is created, chaired by

the DEC Secretary, with the Chairman of the Civil Service Commission, the Commissioner of the Professional Regulation Commission, and two from the private sector to be appointed by the President as members. Powers and duties of the Board include among others: (1) to appoint for every examination a set of examiners to prepare the board examination for teachers in the elementary and secondary levels to be held once a year; (2) to look from time to time into the conditions affecting the practice of the teaching profession; (3) to adopt such measures as may be deemed proper for the enhancement of said profession and/or maintenance of its ethical standards

4. Letters of Instructions (LOIs)4.3 LOI No. 998 – On the Purchase of Uniforms for

Certain Agencies of the National Government.Issued March 13, 1980.

- School teachers shall be given the option to receive their uniform allowance in the form of

cash or in the form of material centrally procured by the Ministry of Education and Culture at its head office or the regional office from HERDITEX Incorporated.

4.6 LOI No. 1414 – Directing the Evaluation of Proposal Intended to Improve Teacher Welfare. Issued

June 22, 1984.

- The Trustees of the Government Service Insurance System (GSIS) shall study and act on the possibilities of

(a) receiving the housing loan program and generally of improving on the benefits attendant to system membership and (b) supporting the establishment and operation of dormitories for school teachers.

- The trustees of the PAG-IBIG Fund shall study and recommend on the possibility of

suspending or otherwise mitigating the burden on the lower income members of salary deductions for the fund.

- The Ministers of Local Governments, of Budget, and of Education, Culture and Sports shall

study and act on the provision of the Local Government Code extending free tuition privileges to children of barangay officials.

- The Ministers of Education, Culture and Sports shall give priority to the children of public

school teachers in the award of scholarships and study now-pay-later slots.

4. Letters of Instructions (LOIs)

5. Executive Orders5.1 Executive Order No. 500 – Establishing a New

System of Career Progression for Public School Teachers . Issued March 21, 1978. (Refer to Inclosure 1)

- The rationale behind this executive order is to retain quality teachers in the teaching profession. An excellent teacher can be promoted to the rank of a Master Teacher provided he meets all the necessary requirements for the position.

- It provides a bifurcated system of budgeting for the supervisory and the teaching group. The salary of the Head Teacher is the same as the salary of Master Teacher

I, Principal I and Master Teacher II, etc.

- Remarks: Implemented in MEC Order No. 10, s. 1979 (Jan. 31, 1979), entitled “Implementing Rules and Regulations for the System of Career Progression for Public School Teachers,” as promulgated by the Civil Service Commission, the Budget Commission, and the MEC. (Refer to Inclosure 4 for the full text)

5.2 Executive Order No. 696 – Granting Career Executive Service Officer (CESO) Rank to Graduates of the National Defense College of the Philippines. Issued: May 27, 1981.

- Holders of the degree of Master Of National Security Administration shall be given preference in promotion to existing vacant positions, as well as assignments to higher responsibility, particularly those involving policy formulation in their respective units, ministries, agencies, offices or entities.

- Initially, NDCP graduates belonging to the government service shall be granted the rank of CESO III with corresponding compensation and other privileges in the Career Executive Service.

5.4 Executive Order No. 189 – Legal Rights for Teachers

Labor standards laws fix and prescribe the minimum terms and conditions of employment such as wages, allowances, and benefits. They provide minimal standards of living for health efficiency and general well-being of the teachers.

5.4.1 Wages / Salaries

The International Labor Organization – United Nations Educational, Scientific and Cultural Organization (ILO-

UNESCO) Conference in Paris, France adopted on Oct. 5, 1966 the following recommendations that would provide just wages to teachers

1.1 The salaries given to teachers should be fitting recognition of the enormous responsibility they

have to the society that they serve.

1.2 Compare favorably with salaries paid on other occupations requiring similar or equivalent

qualifications.

1.3 Provide teachers with the means to ensure a reasonable standards of living for themselves and their families as well as to invest in further education and the pursuit of cultural activities, thus enhancing their professional qualifications.

1.4 Take account of the fact that certain posts require higher qualifications and experience and

carry greater responsibilities.

5.4.2 Sources of Funds for the Public School Teachers’ Salaries

Salaries for public elementary and secondary school teachers as well as instructors and

professors in state colleges and universities (SCUs) are derived from the national government’s General Appropriations Act (GAA).

With the advent of the Nationalization Law or Executive Order No. 189 which took effect July 1, 1987, locally- funded schools like the barangay, municipal and provincial high schools are now nationalized. So the teachers of these schools derive their salaries from the national governments give certain percentage in providing additional local shares over and above the

national salary rate.

5.4.3 Some Recent Laws and Issuances Governing Teachers’ Salaries

5.4.3.1 Executive Order No. 153 was issued by President Corazon Aquino on March 25, 1987 and took effect on March 1, 1987. It provided for 20% salary increase for the public elementary and secondary teachers but 15% only for the teachers in SCUs. This order was implemented through

National Compensation Circular No. 47 and Local Budget Circular No. 29, issued by the Department of Budget

and Management on April 13, and April 2, 1987, respectively.

5.4.3.2 Republic Act No. 6642, otherwise known as General Appropriaions Act for 1988, granted another 10% increase for all government teachers, effective January 1, 1988. Its implementing rules and regulations are provided in National Compensation Circular (NCC) No. 51.

5.4.4 Wage Supplements

A wage supplement is an extra amount, whether in cash or in kind, which a teacher receives regularly, over and above his/her wages.

5.4.4.1 Cost of Living Allowance (COLA)

Public school teachers’ cost of living allowance is provided under the Magna Carta’s Section 18, which states that: “Teachers’ salaries shall, at the very least, keep pace with the rise in the cost of living by the payment of a cost of living allowance which shall follow automatically the changes in a cost-of-living index. The Secretary of Education shall recommend to Congress at least annually the apportion of the necessary funds for the cost-of- living allowance.”

Laws on Cost-of-Living Allowances

National Compensation Circular No. 41, which took effect on July 1, 1986 increased the former COLA of public school teachers by P150, raising the former P350 to P500 per month.

Additional COLA was provided by the national government in National Compensation Circular No. 52 effective January, 1988 increasing the COLA to P700.

The current salary rates of public school teachers, however, are still below the decent income threshold for a family of six members which is P162 per day of P4,860 monthly according to the March 8, 1988 figures of the Bureau of Labor and Employment Statistics (BLES).

The purchasing power of the teachers’ pay is also fast eroded by the imposition of new taxes like the value added tax (VAT) which triggered another round of price hikes of basic goods and services by at least 20%.

Another law providing local COLA for the public school teachers is the Special Education Fund Act (republic Act 5447) as amended by Letter of Instructions No. 1462, section 2.4, issued on May 31, 1985, which states that:

“Allowances given to public school teachers out of the Special Education Fund (SEF) shall not exceed one hundred percent (100%) of the basic pay in first class local government units, seventy five percent (75%) in second and third class local government units, and fifty (50%) percent in fourth and lower class of local government units.”

This is the reason why some Manila teachers are given higher COLAs over and above the P700 per month provision from the national government. As an example, Makati and Parañaque public school teachers are receiving COLA which is equivalent to 100% of their basic salaries. This is the result of the militancy of teachers in negotiating for just shares from the SEF for their fringe benefits like the local COLA.

5.4.4.2 Clothing Allowance

An annual antional clothing allowance of P300 is given to all public school teachers under Sec. 33, Batas Pambansa No. 866 (General Appropriation Act of 1985)

Manila teachers receive an additional P300 local, or city/municipal government share. Quezon City, Marikina, Mandaluyong and San Juan teachers are granted a local

share of P900.This is likewise a product of their unrelenting struggles during the previous years.

5.4.4.4 Year-End Bonus and Cash Gift

By virtue of Executive Order No. 130, all government teachers and employees shall be granted a year-end bonus equivalent to one-month basic salary and a cash gift of P1,000. The EO is implemented through NCC No. 49, effective November 13, 19887. The year-end bonus corresponds to the 13th- month pay given to private employees.

5.4.4.5 Medical Allowance

An annual medical allowance of P2,000 was given to all government teachers and employees in 1986 only. But it ceased to be granted with the issuance of Executive Order No. 147 on March 3, 1987. Government teachers and employees are now

clamoring for the regularization of this benefit due to increasing cases of work-related illnesses affecting civil servants throughout the country. DECS officials, however, recently came out with the statistics that only 10% of the 350,000 public school teachers were afflicted with tuberculosis.

5.4.4.7 Additional Compensation For Extra Work

Public school teachers must be paid additional compensation equivalent to 25% of their basic pay for extra work rendered.

Magna Carta’s Section 14 states that: “Notwithstanding any provisions of existing law to the contrary, co-curricular and out-of- school activities and any other activity outside what is defined as normal duties of any teacher should be paid an additional compensation of at least 25% of his/her regular remuneration after the teacher has completed at least six hours of classroom teaching a day.”

5.4.4.8 Subsidy for Instructional Materials

The 1981 national budget under Batas Pambansa No. 80 initiated the practice of giving the public school teacher P100 a year for chalk and other school supplies. This practice was institutionalized through DECS Memorandum No. 79, dated Feb 13, 1981.

5.4.4.10 Retirement

Teachers from the public school are given a one-range salary raise upon retirement. A teacher belonging to Step 3, for instance, will be classified upon retirement as within Step 4 of the next range. The salary for the higher range and monthly salary for the last three years before effective date of retirement will be the basis for computation of the lump sum retirement pay.

A lifetime monthly pension equivalent to 90% of their monthly salary is given to those who retire at age 60, under Presidential Decree No. 1146 (Old Age Pension). Under

Republic Act 660, an annuity benefit equivalent to 80% of the monthly salary for the last three years shall be given to those who retire at age 63.

5.4.4.11 Study Leave

A one-year study leave with pay shall be granted to a teacher who has rendered at least seven years of satisfactory teaching.

Magna Carta’s Section 24 states: “During the period of such leave, the teacher shall be entitled to at least 60% of his salary:

Provided, however, that no teacher shall be allowed to accumulate more than one-year study leave, unless he needs an additional semester to finish his thesis for a graduate study in education or allied courses. Provided, further that no compensation shall be due the teacher after the first year of such leave.”

In all cases, the study leave period shall be counted for seniority and pension purposes subject to the condition that the teacher takes the regular study load and passes at least 75% of

his course. Study leave of more than one year without compensation may be permitted by the Secretary of Education.

5.4.4.12 Rights to No Diminution and/or Reduction of Existing Benefits

Under Section 4.1 of the Nationalization Law or Executive Order No. 189 which took effect on July 1, 1987, public school teachers have the right to no diminution and/or reduction of their existing fringe benefits.

This provision refers to teachers’ benefits like their local share in the basic pay, cost-of-living and clothing allowances granted by their local governments.

5.4.5Wage Deductions

Only lawful dues and fees as well as those authorized in writing by the teacher are deductible from his/her pay. Magna Carta’s Section 21 states: “ No person shall make any deduction whatsoever from the salaries of teachers except under specific authority for such deduction. Provided, however, that upon written authority executed by teachers concerned, such deduction may be made.”

Some legal deductions are lawful membership fees and dues to the Philippine Public School Teachers Association or a similar local organization and premium due the GSIS, MEDICARE, and PAG-IBIG contributions and the like.

TABLE NO. 1

LAWFUL SALARY DEDUCTIONS/CONTRIBUTIONS_____________________________________________________________

Deductions / Contributions Premium / Computations

GSIS Life Insurance 3% of monthly basic payGSIS Retirement Plan 5.5% of the monthly

payMEDICARE based on salary bracketWithholding Tax based on salary bracketPAG-IBIG (Optional) 3% of monthly basic payPPSTA Membership monthly due

_______________________________________________________ Source: Brochure from the GSIS, PAG-IBIG and BIR

5.4.5.3 Letter of Instructions No. 1385 issued on Feb. 20, 1984 ordered the minimizing of fund-raising activities

directed at school teachers and children. Fund-raising activities are limited to those related to the Red Cross, Anti-Tuberculosis, Girl and Boy Scouts Campaigns. Such fund-raising activities shall be on a purely voluntary basis, and no quotas shall be assigned to school teachers or students.

Further, this issuance discourages “… soliciting contributions from or through teachers or school children to support such activities as athletic meets, choral/song/dance contests or festivals and graduation exercises or to provide frills like banners, welcoming delegations, lavish food and entertainments, and the like for visiting school officials or dignitaries.”

The following are discouraged:

a. Donations for gift-giving for the birthdays, bienvenidas and despedidas of school principals and other officials

b. Payment of books lost by the students at the end of the school year

c. Payment of unsold tickets given to the students

d. Contributions for the prizes of school and community contests and others

e. Contributions for the food and entertainment of visiting schools or government officials

5.4.6 Other Labor Standards

5.4.6.1 Subject Load and Teaching Hours - Public school teachers engaged in classroom instruction may not be required to render more than six hours of classroom teaching. Working beyond these hours entitles teachers to receive an additional compensation of at least 25% of their regular remuneration.

5.4.6.2 Health and Welfare - Among the health and welfare benefits guaranteed to teachers under the Law are:

(a) free compulsory medical examination once a year

(b) compensation for work-connected diseases or injuriesaccording to existing workmen’s compensation laws

(c) 60-day maternity leave during which a female teacher is entitled to full pay

5.4.6.3 GSIS, MEDICARE and PPSTA Benefits

6.3.1 GSIS Benefits

(a) Permanent and/or partial disability benefits for work- related injury or illness, payable in lump sum or monthly basis

(b) Sickness-income benefits for non-work related injury or illness, payable in lump sum or monthly basis

(c) Optional life insurance for dependents, with premium costs lower than those available from private insurance companies

(d) Survivorship benefits that accrue to dependents of members and pensioners, payable in

monthly pension

(e) Funeral benefits raised from P750 to P1,000

6.3.2 Medicare

(a) Hospitalization benefits

(b) Surgical expense benefits

(c) Medical expense benefits

(d) Sterilization expense benefits

6.3.3 PPSTA Benefits

(a) Mutual aid sytem

(b) Free accident insurance worth P2,000

(c) Mutual financial assistance in cases of hospitalization and calamity

6.4.2 No Discrimination Policy (RA 4670, Section 10)

“There shall be no discrimination whatsoever in entrance to the teaching profession or during its exercise, or in the termination of services other than professional consideration.”

6.4.3 Married Teachers (RA 4670, Section 11)

Whenever possible, the proper authorities shall take all steps to enable married couples, both of whom are public school teachers, to be employed in the same locality.

6.4.4 Indefinite Leave (RA 4670, Section 25)

An indefinite sick leave shall be granted to teachers when the nature of illness demands a long treatment that will exceed one year at the least.

5.4.7 Labor Relations Rights

5.4.7.1 The Right to Self-Organization

The Philippine Constitution states that “it shall guarantee the rights of all workers to self-organization, collective bargaining, and negotiation, and peaceful concerted activities, including the right to strike in accordance with the law” (Article XIII, Section 3).

The Education Act of 1982 declares that the teachers shall enjoy “the right to establish, join and maintain labor organizations of their choice to promote their welfare and defend their interest” (Section 10, No. 3)

Two executive issuances were made by the Aquino administration to implement the constitutional provision on government-sector right to association. The first was Executive Order No. 111, dated Dec. 24, 1986, which included the right of employees of government corporations to establish organizations and to bargain collectively. The second was Exec. Order No.180, issued on June 1, 1987, which created the Public Sector Labor Management Council (PSLMC) in-charge of making the implementing rules and government-sector associations.

The Magna Carta for Public School Teachers recognizes the teachers’ right to fully establish and join organizations of their choosing, whether local or national, to further defend their interests. (Section 27, RA 4670)

The Magna Carta adds that the right to self-organization, “shall be exercised without any interference or coercion. It shall be unlawful for any person to commit any act of discrimination against teachers which are calculated to:

(1) make employment of a teacher subject to the condition that he shall not join an organization, or shall relinquish membership in an

organization.

(2) cause the dismissal of, or otherwise prejudice, a teacher by reason of his membership in an organization activity outside school hours

or, with the consent of proper school authorities, within school hours.

(3) prevent him from carrying out the duties laid upon him by his position in the organization, or to penalize him for an action undertaken in that capacity” (Section 28, RA 4670).

5.4.7.2 Right to Democratic Participation in Policy Making

The sovereign will of the people should express itself through active participation at all levels of decision making.

The 1987 Philippine Constitution states that it shall respect the role of the independent people’s organizations to enable the people to pursue and protect, within the democratic framework, their legitimate and collective interests and aspirations through peaceful and lawful means.

Furthermore it says: “ The right of the people and their organizations to effective and reasonable

participation at all levels of social, political, and economic decision making shall not be abridged. The State shall by law facilitate the establishment of adequate mechanism to guarantee this right” (Art. XIII. Sec. 6).

The Education Act of 1982 says that “every educational institution shall provide for the establishment of appropriate bodies through the members of the educational community to discuss relevant issues and communicate information for the promotion of their commitments” (Section 7, Chapter 1).

The Magna Carta stipulates that “National Teachers” organizations shall be consulted in the formulation of national education policies governing the social security of teachers: (Section 29, RA 4670)

The UNESCO/ILO paper on the status of teachers encourages the full exercise of this right. Participation of teachers in social and public life should be encouraged in the interest of the education service and of the society as a whole.

While the right to participation in policy making has been underscored in this document, more often than not it remains unobserved. An observation is offered by the National Resources Center (NRC) in its primer on the Education Act of 1982.

5.4.7.3 The Right to Present Complaints and Grievances

5.4.7.3.1 Security of Tenure

A civil service eligible who has had adequate professional preparation and training shall no longer undergo a probationary period once he is hired. However, once a non-civil service eligible who possesses the minimum educational qualifications is taken in the service, he shall undergo a probation period of not less than one year from the date of his appointment.

5.4.7.3.2 Grounds for Dismissal and other Forms of Disciplinary Action

The grounds for dismissal and other forms of disciplinary action of public teachers are the same as those of other government employees. Section 36 of PD 807 enumerates them thus:

1. Dishonesty

2. Oppression

3. Neglect of duty

4. Misconduct

5. Disgraceful & immoral conduct

6. Notoriously undesirable

7. Discourtesy in the course of official duties

8. Inefficiency and incompetence in the performance of official duties

9. Receiving for personal use a fee, gift or other valuable things from any person who hopes to receive

favors or better treatment than that accorded other persons, or committing acts punishable under anti-graft laws

10. Conviction of a crime involving moral turpitude

11. Improper or unauthorized solicitation of contribution from subordinate employees, and improper or

unauthorized solicitation by teachers or school officials from school children

12. Violation of existing Civil Service Laws and reasonable office regulations

13. Falsification of official documents

14. Frequent unauthorized absences from duty during regular office hours

15. Habitual drunkenness

16. Gambling prohibited by law

17. Refusal to perform official duty or render overtime service

18. Disgraceful, immoral or dishonest conduct prior to entering service

19. Physical or mental incapacity or disability due to immoral or vicious habits

20. Lending money at usurious rates of interest

21. Borrowing money by superior officers from subordinates or lending by subordinates to superior officers

22. Willful failure to pay debts or willful failure to pay taxes due to government

23. Contracting loans of money or other property from persons with whom the office of the employees concerned has business relations

24. Pursuit of private business, vocation or profession without the permission required by the Civil

Service rules and regulations

25. Insubordination

26. Engaging directly and indirectly in partisan political activities by one holding a non-political office

27. Conduct prejudicial to the best interest of the service

28. Promoting the sale of tickets in behalf of private enterprises that are not intended for charitable or public welfare purpose, with no prior authority

29. Nepotism

5.4.7.3.3 Procedure Observed in Dismissal and Other

Forms of Disciplinary Action

There are two types of procedure in dealing with cases of dismissal which are provided under the Civil Service Decrees:

1. The formal or non-summary procedure

2. The summary procedure

5.4.7.3.4 Safeguards in Disciplinary Procedure

The Magna Carta provides for equitable safeguards at any stage of a disciplinary procedure to guarantee that the teacher shall have:

1. the right to be informed, in writing, of the charges;

2. the right to have full access to the evidence in the case;

3. the right to defend himself and to be defended by a representative of his choice and/or by his organization, adequate time being given the teacher for the preparation of his defense;

4. the right to appeal to clearly designated authorities;

5. the right to privacy, such that no publicity shall be given to any disciplinary action being taken against him during the pendency of his case.

An appeal on a decision on a case of dismissal and other forms of disciplinary action may be based on any of the following grounds as stated in Section 39 of PD 807;

1. New evidence discovered which can materially affect the decision rendered;

2. The decision is not supported by the evidence;

3. Error of law or irregularities prejudicial to the interest of the respondent.

An appeal. When allowable, shall be made by the party adversely affected by the decision within 15 days from receipt

of the decision.

8.Other Civil And Political Rights

Public school teachers, instructors, and professors of state colleges and universities enjoy other civil and political rights aside from those mentioned in the previous sections.

On top of this list is the right to academic freedom.

8.1 Academic Freedom

The Philippine Constitution guarantees academic freedom.

Institutions of higher learning shall enjoy academic freedom.

The guarantee relates to the freedom of the teacher or research worker to discuss the problems of his subject and express his opinions and conclusions without censorship or interference unless his methods are found to be clearly incompetent or contrary to professional ethics. As an institutional right, it respects the freedom of an institution of higher learning to determine who may teach, and what may be taught, and who shall be admitted to study in such institutions. Academic freedom is necessarily subject to reasonable regulations which the State may prescribe pursuant to the educational goals set by the Constitution.

The Supreme Court has also defined academic freedom in the Ephecharis Garcia vs. loyola School of Theology Case (L-40779, Nov. 28, 1975).

Recognized and guaranteed by society is the right of a university teacher to seek and express the truth as he personally sees it, both in his academic work and in his capacity as a private citizen. Thus, academic freedom applies to both the status of the university teacher and the status of the institution through which he disseminates his learning.

Academic freedom is not only recognized in principle for the teachers of higher education. The Inter-Government Conference on the Status of Teachers report, to which the Philippines is a signatory, states that:

The teacher/professor should enjoy academic freedom in the discharge of his profession duties. Since teachers are particularly qualified to judge the teaching aids and methods most suitable for their pupils, they should be given the essential role in the choice and the adaptation of teaching materials, the selection of textbooks and the application of teaching methods within the framework of approved programmers, and with the assistance of educational authorities.

Finally, the Magna Carta for Public School Teachers guarantees this right: “Teachers shall enjoy academic freedom in the discharge of their professional duties, particularly with regard to teaching and classroom methods.”

5.4.8.2 Teachers’ Rights Under the Education Act of 1982

Under the Education Act of 1982, public school teachers enjoy the following rights and/or privileges:

8.1. The right to free expression of opinions and suggestions and to effective channels of communications with appropriate academic and administrative bodies of the school or institution.

8.2. The right to be provided with free legal service by the appropriate government office in the case of the

public school personnel and through the school authorities concerned in the case of private school personnel, when charged in administrative, civil and/or criminal proceedings by parties other than the school or regulatory authorities concerned for actions committed directly in the lawful discharge of professional duties and/or in defense of school policies.

8.3. The right to intellectual property consistent with applicable laws.

8.4. Teachers shall be deemed persons in authority in the discharge of lawful duties and responsibilities, and shall therefore be accorded due respect and protection.

8.5. Teachers shall be accorded the opportunity to choose alternative career lines either in school administration, in classroom teaching, or in another line for purposes of career advancement.

5.4.9 Teachers’ Rights under the Bill of Rights of the Philippine Constitution

All the rights mentioned so far in this section as well as in previous ones can only be enjoyed by the public school teachers if their civil and political rights are guaranteed. ILO (International Labor Organization) Convention No. 6 states that a genuinely free and independent trade union movement can develop only under a regime guarantees fundamental human rights.

Enjoy listening !!

Prepared:Ms. Lhey E. Vinoya