WELCOME and MABUHAY !

Mr. VirGILio G. Gundayao, MBA/MPA

Exec. Dir., Graft-Free Philippines, a national project of Philippine Jaycee Senate

2004 Exec. Director, Junior Chamber International (JCI) Phils.

Immediate Past Exec. Director, JC Leaders International

Ex-AMO, CSC Mamamayan Muna, Hindi Mamaya Na! Program

WELCOME & MABUHAY ! ! !

Prohibited Acts, Transactions & Omissions(PATO 5-8)11 February 2012

(Saturday 8:00-11:00 AM)

PUP-Graduate School, Sta. Mesa, Manila

WE greatly acknowledge a compleat GURU and a PolyMATH

Immediate Past PUP Vice-President for Research Development; former SVP, First Asia Institute of Technology & Humanities

(FAITH)

Dr. Normita Abinales-Villa Course/Class Adviser/Professor

If I have seen further, it is by standing on the shoulder of giants. - Sir Isaac Newton (1642-1727)

Able leadership of Over-All Coordinator/Chairperson

Professor

JAZMIN D. MATEOIndefatigable and understanding class manager

Resource Persons/Speakers:

Dr. Oscar Soriano

Prof. Ellen Sibal

Gil G. Gundayao, MBA/MPADAY-Chairpersons/Floor Managers

Prospective professional speakers

Invocation

Prof. Annalyn P. Diaz

“That faith in GOD gives meaning and purpose to human life.”

Inspiration/Motivational Speech

Ms. Mary Jennifer

J. RamosThe core of transformational leadership as a people skill…

Introduction of Guest of Honor and Guest Speakers

Prof. Ma. Jazmin D. Mateo

A prospective connoisseur/ raconteur

WE specially want to give credit to the TEAM EFFORT of the Class

For the Group Dynamics

For the coordination to come out with a good atmosphere or ambiance conducive to the art of learning by doing

For exemplifying the essence of ANDRAGOGY or Adult/Alternative Learning system cum Pedagogy

For attempting to transcend the various dimensions of educative processes

The subject/course: Educational Legislations and Policy Analysis delves specifically on existing laws, rules, and regulations on teachers/educators in the Philippine setting. While the teaching force include both those in the private and public school system—the public school education sector comprises the single biggest block of public personnel in the Philippine Civil Service, much bigger than the police forces as the 2nd.

It is noteworthy to mention that public funds appropriation goes to the bulk of education that transcends the triad: higher education institutes (HIEs) being regulated by the Commission on Higher Education; Tech-Voc which is under the supervision and control of the TESDA, and the basic education (elementary and high school system) under the jurisdiction of the DepEd.

I. PROLOGUE  Poets are acknowledged to be the universal legislators. – G3

For purposes of the above-topic, other than the teachers/educators, the administrative employees and officers are within the scope of the law and recent jurisprudence, especially the public school system, including those of the SUCs and the LUCs… This is also because of the Teachers Code of Ethics which enjoins both the public and private teachers/educators.

When we speak the language of the law, in both the administrative, civil and/or criminal parlance, the standard or uniformity of actions are at stake. And this will always cover prohibitions, commissions and/or omissions insofar as the sanctions are concerned. Penal provision of the law are meant to be deterrent to the violations or infractions of the law, rules and regulations by competent authority in order to enforce standards, i.e., infractions are subjected to penalties, in accordance with the law on due process.

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II. KEY WORDS

• Disciplinary action

• Prohibited acts

• Omissions

• Public officials

• Sanctions

.Gifted Students in Schools

III. LEARNING EXERCISES The heart of the problem is the problem of the heart. – G3

1. Self-Introduction of participants by identifying a flower to introduce him/her to the class.2. Then start a sentence with the word: Bawal……3. Divide the house by:

Group 1. Administrative GroupGroup 2. Academic Group

Observer. OP/Research and Development5. Duck Dance – unfreezing6. Reading in Unison – The Builders – Henry Wadsworth Longfellow

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.Note: 1942 Cartoon using the signature Dr. Seuss http://orpheus.ucsd.edu/speccoll/dspolitic/

Reading in Unison – The Builders –

Henry Wadsworth Longfellow

Group 1 All are architects of Fate,Working in these walls of Time;

Some with massive deeds and great, Some with ornaments of rhyme.

Group 2 Nothing useless is, or low; Each thing in its place is best; And what seems but idle show Strengthens and supports the rest.

Chorus For the structure that we raise,Time is with materials filled;Our to-days and yesterdaysAre the blocks with which we build.

Group 1 Truly shape and fashion these;Leave no yawning gaps between;Think not, because no man sees,Such things will remain unseen.

Group 2 In the elder days of Art,Builders wrought with greatest careEach minute and unseen part;For the Gods see everywhere.

Chorus Let us do our work as well,Both the unseen and the seen;

Make the house, where Gods may dwell,Beautiful, entire, and clean.

Group 1 Else our lives are incomplete,Standing in these walls of Time,Broken stairways, where the feetStumble as they seek to climb.

Group 2 Build to-day, then, strong and sure,With a firm and ample base;And ascending and secureShall to-morrow find its place.

Chorus

Thus alone can we attainTo those turrets, where the eyeSees the world as one vast plain,And one boundless reach of sky.

“The Builders” – Henry Wadsworth Longfellow

IV. Teachers/Educators’ Prohibited Acts, Transactions and Omission

c/o Dr. Oscar Soriano

1. Tickets and Contributions

2. Gift-Giving/Receiving (Sec. 3b and c of R.A. 3019

P.D. 46 “Making it Punishable for Public Officials and Employees to Receive, and for Private Persons to Give, Gifts on Any Occasion, Including Christmas” – November 10, 1972.

P.D. 749 “Granting Immunity from Prosecution to Givers of Bribes and Other Gifts and to their Accomplices in Bribery and Other Graft Cases Against Public Officers” – July 18, 1975.

3. Bribery

4. Sexual Harassment

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5. Corporal Punishment

. Corporal Punishment - Article 233 (2nd par.)

“In no case x x x inflict corporal punishment upon the child.”

Definition: An act that inflict pain or harm upon a child’s body as punishment for wrong doing usually through beating and spanking

Elements:(a) physical contact

(b) to inflict pain

. Corporal Punishment - Article 233 (2nd par.)

“In no case x x x inflict corporal punishment upon the child.”

Definition: An act that inflict pain or harm upon a child’s body as punishment for wrong doing usually through beating and spanking

Elements:(a) physical contact

(b) to inflict pain

26

Self discipline isn’t taught in obedience school.

. VIII, 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 manifestations of poor scholarship.

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Case Study: Corporal punishment in Tanzania

Drawings of corporal punishments made by children in Mwanza, Tanzania - Ahmed et al, 1998

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Case Study:Corporal punishment in Mongolia

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Is the use of physical force and/or humiliation causing some degree of pain or discomfort, intended for the purpose of discipline, correction, control, changing behaviour or in the belief of educating / bringing up a child

It can cause both physical and psychological harms to children

Corporal punishment

.Nonviolence & Absence of Physical Punishment

In a worldwide sample of 48 societies, the psychologist Barry found...

Frequent physical punishment of boys in late childhood is the formative experience most highly correlated with violence

Absence of physical punishment is especially associated with infrequent violent crimes

Barry III, H. (2007). Corporal punishment and other formative experiences associated with violent crimes. The Journal of Psychohistory, 35(1), pp. 71-82.

. Look like your Dog Contest?Search for Outstanding Teachers

& Dogs?

6. Improper Deduction from Grades• Grade Reduction School authorities and teachers cannot

reduce the grade of a student because of his misconduct because the measure of academic achievement must not be based on conduct. Otherwise, the teacher or the school administration shall be unable to properly diagnose the student. Batas Pambansa Blg. 232 provides that-- “ Every teacher shall x xxxxx 5. Refrain from making deductions in students’ scholastic rating for acts that are clearly not manifestation of poor scholarship.”

• Section 79 of the MRPS clearly prevents the reduction of a student’s grade for misconduct. The only exception to this rule is when the offense committed is relevant to the academic subject in which the student’s grade was reduced. Therefore, an elementary schoolchild may suffer a reduction in his Character Education grade if he is guilty of misconduct (see Section 79, MRPS).

7. Prohibition Under Civil Service Law (insert)

R.A. 6713 “Code of Conduct and Ethical Standards for Public Officials and Employees”

Section 7.Prohibited Acts and Transactions. – In addition to acts and omissions of public officials and employees now prescribed in the Constitution and existing laws, the following shall constitute prohibited acts and transactions of any public officials and employees and are hereby declared to be unlawful:

(a) xxx (b) xxx (c) xxx

(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.

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The Dying and Dysfunctional State of Education/Legislations?

As to gifts or grants from foreign governments, the Congress consents to –

(i) The acceptance and retention by a public official or employee of a gift of nominal value tendered and received as souvenir or mark of courtesy;

(ii) The acceptance by a public official or employee of a gift in the nature of a scholarship or fellowship grant or medical treatment; or

(iii) The acceptance by a public official or employee of travel grants or expenses for travel taking place entirely outside the Philippines (such as allowances, transportation, food, and lodging) of more than nominal value if such acceptance is appropriate or consistent with the interests of the Philippines, and permitted by the head of office, branch or agency to which he belongs.

The Ombudsman shall prescribe such regulations as may be necessary to carry out the purpose of this subsection, including pertinent reporting and disclosure requirements.

In the Omnibus Rules Implementing Book V of E. O. 292, the following Rule XIV, Discipline, are hereby lifted:

Xxx

Sec. 22. Administrative offenses with its corresponding penalties are classified into grave, less grave, and light, depending on the gravity of its nature and effects of said acts on the government service.

The following are grave offenses with corresponding penalties:

Xxx

(I) Receiving for personal use of a feed, gift or other valuable thing in the course of official duties or in connection therewith when such fee, gift or other valuable thing is given by any person in the hope of expectation of receiving a favor or better treatment than that accorded to other persons or committing acts punishable under the anti-graft laws. 1st Offense – Dismissal

(J) Contracting loans of money or other property from persons with whom the office of the employee has business relations. 1st Offense – Dismissal

(K) Soliciting or accepting directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value which in the course of his official duties or in connection with any operations being regulated by, or any transaction which may be affected by the functions of his office. The propriety or impropriety of the foregoing shall be determined by its value, kinship, or relationship between giver and receiver and the motivation. A thing of monetary value is one which is evidently or manifestly excessive by its very nature.

1st Offense – Dismissal

Xxx Xxx 

The following are light offenses with their corresponding penalties:

Xxx

(m) Promoting the sale of tickets in behalf of private enterprises that are not intended for charitable or public welfare purposes and even in the latter cases if there is no prior authority.

1st Offense – Reprimand

2nd Offense – Suspension for one (1) to thirty (30) days

3rd Offense - Dismissal 

“The Man with a Hoe” by Edwin Markham

G-1 Bowed by the weight of centuries he leansUpon his hoe and gazes on the ground,The emptiness of ages in his face,And on his back, the burden of the world.

G-2 Who made him dead to rapture and despair,A thing that grieves not and that never

hopes,Stolid and stunned, a brother to the ox?Who loosened and let down this brutal jaw?

Whose was the hand that slanted back this brow?Whose breath blew out the light within this brain?

Chorus

Is this the Thing the Lord God made and gaveTo have dominion over sea and land;To trace the stars and search the heavens for power;To feel the passion of Eternity?

G-1 Is this the dream He dreamed who shaped the suns And marked their ways upon the ancient deep? Down all the caverns of Hell to their last gulf There is no shape more terrible than this--More tongued with cries against the world's blind greed--More filled with signs and portents for the soul--More packed with danger to the universe.

G-2

What gulfs between him and the seraphim!Slave of the wheel of labor, what to himAre Plato and the swing of the Pleiades?What the long reaches of the peaks of song,The rift of dawn, the reddening of the rose?Through this dread shape the suffering ages look;Time's tragedy is in that aching stoop;Through this dread shape humanity betrayed,Plundered, profaned and disinherited,Cries protest to the Powers that made the world,A protest that is also prophecy.

Group 1

O masters, lords and rulers in all lands,Is this the handiwork you give to God,This monstrous thing distorted and soul-quenched?How will you ever straighten up this shape;Touch it again with immortality;Give back the upward looking and the light;Rebuild in it the music and the dream;Make right the immemorial infamies,Perfidious wrongs, immedicable woes?

Chorus

O masters, lords and rulers in all lands,How will the future reckon with this Man?How answer his brute question in that hourWhen whirlwinds of rebellion shake all shores?

How will it be with kingdoms and with kings--With those who shaped him to the thing he is—

When this dumb Terror shall rise to judge the world,After the silence of the centuries?

“The Man with a Hoe” by Edwin Markham

8. Strike by Public School Teachers

• Both the private and public school teachers are prohibited from engaging in strike/s as work-stoppage will be detrimental to the state, studentry and other stakeholders.

• Executive Order 180 “Providing Guidelines for the Exercise of the Right to Organize of Government Employees, Creating the Public Sector Labor-Management Council”, June 1987.

• CSC MC 6, 1987

Haymarket Martyr’s Memorial (source: Wikipedia)

(source: Bristol Independent Media Center)

The Naked Truth About our Legislations, Teachers,

Society?.

Borat, d Jew

JURISPRUDENCE/DECISIONS

Joseph Santos vs. NLRC, Hagonoy Institute, Inc.

“As teacher, (one) serves as an example to his/her pupils xxx.

Consequently xxx teachers must adhere to the exacting standards of morality and decency. xxx A teacher both in his official and personal conduct must display exemplary behavior.”

He must freely and willingly accept restrictions on his conduct that might be viewed irksome xxx the personal behavior of teachers, IN AND OUTSIDE THE CLASSROOM, must be beyond reproach xxx they must observe a high standard of integrity and honesty.”

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Legal Responsibility of Schools…

In PSBC vs. CA—

“Institutions of learning must also meet the implicit or “built-in” obligations of providing their students with an atmosphere that promotes or assists in attaining its primary undertaking of imparting knowledge.”

The Supreme Court said in Angeles vs. Sison, school’s obligation to discipline is to protect the “x x x good name or reputation of the school.”

It is undisputed that the school can discipline its community members within the school campus during class hours.

Whether that authority applies even outside of the school premises and class hours, the Supreme Court said—

.

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. In the case of University of the East vs. Romeo A. Jader, the SC declared—

“It is the contractual obligation of the school (through the teachers) to TIMELY INFORM AND FURNISH sufficient notice and information to each and every student as to whether he/she had already complied with all the requirements xxx.”

“The negligent act of a teacher who fails to observe the rules of the school, for instance, by not promptly submitting a student’s grade is not only imputable to the teacher but is an act of the school being his/her employer xxx.”

.In Padilla vs. NLRC, SBC the Supreme Court said—

“This Court is convinced that the pressure and influence exerted by (a teacher) on his colleague to change a failing grade to passing one xxx constitute serious misconduct which is a valid ground for dismissing an employee.”

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Labor Jurisprudence…

For GRAVE MISCONDUCT to be valid and just cause for termination—

“x x x must be a DIRECT RELATION to and CONNECTED with performance of official duties.”

.

. Anita Y. Salvarria vs. Letran College, et al.

(296 SCRA 184)The Supreme Court declared--

“Petitioner contended that her dismissal was arbitrarily xxx, having been effected without just cause, on the premise that the solicitation of funds xxx was initiated by the students and that her participation was merely limited to approving the same. xxx”

If there is one person more knowledgeable of xxx policy against illegal exactions from students, it would be xxx Salavarria.

Hence, regardless of who initiated the collections, the fact that the same was approved or indorsed by petitioner, made her ‘in effect the author of the project.’”

Cauliflower Olive Sheep

.In Amadora vs. CA, the Supreme

Court said--Even if the student is just relaxing

in the campus in the company of his classmates, x x x the student is still within the custody and subject to the discipline and responsibility of the teachers x x x.

Hence--

A teacher required to exercise special parental authority but who fails to observe all the diligence of a good father of a family in the custody and care of the pupils and students, shall be held liable for gross neglect of duty.

. Hence, the Supreme Court held in Evelyn Peña vs. NLRC that—

“x x x schools can set high standards of

efficiency for its teachers since quality

education is a mandate of the

Constitution xxx security of tenure xxx

cannot be used to shield incompetence.”

.“The Court takes this opportunity to

pay a sincere tribute to the school teachers, who are always at the forefront in the battle against illiteracy and ignorance. If only because it is they who open the minds of their pupils to an unexplored world awash will the magic of letters and numbers, which is an extraordinary feat indeed, these humble mentors deserve all our respect and appreciation.” Justice Isagani A. Cruz

Chiang Kai Shek School vs. CAG.R. No. 58028, April 18, 1989

V. EPILOGUE

While there are hair-splitting separate rules for the

public and private school teachers—violations of their respective schools or charters are subjected to the pain of administrative sanctions.

The increasing laws that are affecting and/or empowering the youth/studentry, are the very same deterrence to youth discipline. Juvenile delinquency are within the aegis of DSWD, that crimes and penalties are withheld by courts in favor of the minors (out of school and students as well).

In the midst of the laws prevailing, enforcement and executions of the laws, rules and regulations are sometimes put to mockery.

 

Inasmuch as the prevailing Philippine laws, rules and regulations affecting the educators may be the same deterrents towards the Constitutional aims “to inculcate love of country, teach the duties of citizenship, and develop moral character, personal discipline, and scientific, technological, and vocational efficiency,” the very same fabric of change…are underpaid and a number of them are not enjoying security of tenure—and to those who are now permanent are able to get them from 3 years or more.

• “Men are not made for Sabbath, but Sabbath for men,” so the Sacred writings from the greatest GURO Jesus onced said. The laws should not be too much of a burden likened to a savage beast carrying loads of humanity’s

. Teachers are utilized during election times—even tempted be puppets to fraud for a petty cash; some are constrained to work abroad as DHs (domestic helpers); some retire early for an unstable future; some in the service are subjected to the bureaucratic politics of spoils; retirement pay in lump sum or by monthly pension is not at par with the cost of living—and much much more…

In all these, is the hope that educators may be emancipated by the very same laws that suppressed or ignored the value and worth of teachers—or just may be because of the national budget constraints…

However, the exodus from private practice into public teaching has been reverted by the last trench of the Salary Standardization Law (SSL) and the ACTs move for more salary extenders and perks are now in the form of Congressional BILLs.

VI. References 

• Administrative Code of 1987• Civil Service Law, rules and regulations• CSC Memorandum Circular No. 06, s. 1987• Executive Order No. 180• Family Code• Code of Ethics for Teachers• Various Jurisprudence

• http://eduphil.org/forum/corporal-punishment-t-1510.html, November 27, 2011, 2:33PM.• http://www.encyclopedia.com/topic/corporal_punishment.aspx

• American Academy of Pediatrics http://www.aap.org/family/physicalactivity/physicalactivity.htm• California Association of Health, Physical Education, Recreation, and Dance • http://www.cahperd.org/• Center for Disease Control http://www.cdc.gov/nccdphp/dash/physicalactivity/guidelines/summary.htm• Concerned Adults and Students for Physical Education Reform

http://www.csuchico.edu/casper/insteadofthis.html• National Association for Sport and Physical Education

http://www.aahperd.org/naspe/template.cfm?template=qualityPePrograms.html• National Association of State Boards of Education http://www.nasbe.org/HealthySchools/physical_activity.html• National Coalition to Abolish Corporal Punishment in Schools http://www.stophitting.com/disatschool/• The 1988 Program Advisory on Corporal Punishment http://www.pesoftware.com/Resources/exercise.html• Topics in Nutrition. Hershey Foods Corporation. http://www.hersheys.com/nutrition/interventions.html

Henry Wadsworth Longfellow:

The heights by great men reached and kept

were not attained by sudden flight,

but they, while their companions slept,

were toiling upward in the night.

Once again my WARMEST WELCOME TO ALL!