kaPED 209 – The Teaching Profession

Week 3 : Lesson 2

a. Differentiate case law and jurisprudence.

b. Enumerate the rights of students in school, school personnel, special rights and/or privileges of teaching
or academic staff, Administrators, and schools as stated in Batas Pambansa Blg. 232 (The Education
Act of 1982).

Legal Foundations

• What is Law?

Law has been defined as “a body of rules of action or conduct prescribed by a controlling authority, and
having binding legal force. That which must be obeyed and followed by citizens subject to sanctions or
legal consequence is a law.”

• Sources of Philippine Educational Jurisprudence

The main sources of Philippine law are:

the Constitution - the fundamental and supreme law of the land

statutes - including Acts of Congress, municipal charters, municipal legislation, court rules,
administrative rules and orders, legislative rules and presidential issuances.
 Case Law or Jurisprudence
Case Law - is the collection of past legal decisions written by courts and similar tribunals in
the course of deciding cases, in which the law was analyzed using these cases to resolve ambiguities for
deciding current cases.

Jurisprudence - the study of the fundamental structure of a particular legal system or of legal systems in
general.

Regulatory Law deals with procedures established by federal, state, and local administrative agencies, as
opposed to laws created by the legislature (statutory laws) or by court decisions (case law). Regulations can
relate to a large array of executive branch activities, such as applications for licenses, oversight of
environmental laws, and administration of social services like welfare, just to name a few.

Ordinance is a law passed by a municipal government. A municipality, such as a city, tow n, village, or
borough, is a political subdivision of a state within which a municipal corporation has been established to
provide local government to a population in a defined area.

Legal Opinion - legal opinion is a written statement by a judicial officer, legal expert or a court as to the
illegibility or legibility of a condition, intendant or action

Resolutions - a solemn judgment or decision of a court.

Legal Underpinnings Philippine Education

MAJOR LEGAL BASES

The Philippine Constitutions

1. 1935 CONST. Article XIV Section 5
2. 1973 CONST. Article XV Section 8 (1-8)
3. 1987 CONST. Article XIV Sections 1-5(5)

THE 1987 CONSTITUTIONS

Article XIV Sections 1-5(5)

Section 1. The state shall protect and promote the right of all the citizens to quality education at all levels
and shall take appropriate steps to make such education accessible to all.

Section 2. The state shall:

Establish, maintain and support a complete, adequate and integrated system of education relevant to the
needs of the people and society;
Establish and maintain s system of free public education in the elementary and high school levels. Without
limiting the natural rights of parents to rear their children, elementary education is compulsory for all
children of school age;
Establish and maintain a system of scholarship grants, student loan programs, subsidies and other
incentives which shall be available to deserving students in both public and private schools, especially to
the underprivileged;
Encourage non- formal, informal and indigenous learning system, as well as self- learning independent and
out-of-school study programs particularly those that respond to community needs; and
Provide adult citizens, the disabled and out-of-school youth with training in civics, vocational efficiency
and skills.

Section 3.

All educational institutions shall include the study of the Constitution as part of the curricula.
They shall inculcate patriotism and nationalism, foster love of humanity, respect for human rights,
appreciation of the role of national heroes in the historical development of the country, teach the rights and
duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal
discipline, encourage critical and creative thinking, broaden scientific and technological knowledge and
promote efficiency.
At the option expressed in writing by the parent or guardians, religion shall be allowed to be taught to their
children or wards in the public elementary and high schools within the regular class hours by instructors
designated or approved by the religious authorities of the religion to which the children or wards belong,
additional cost to the Government.

Section 4.

The state recognizes the complementary roles of the public and private institutions in the educational
system and shall exercise reasonable supervision and regulation of all educational institutions.
Educational institutions, other than those established by religious groups and mission boards, shall be
allowed solely by citizens of the Philippines or corporations or associations at least sixty per centum of the
capital of which is owned by such citizens. The Congress may, however, require increased Filipino equity
participation in all educational institutions. The control and administration of educational institutions shall
vested in citizens of the Philippines. No educational institution shall be established exclusively for aliens and
no group of aliens shall comprise more than one third of the enrollment in any school. The provisions of this
subsection shall not apply to schools established for foreign diplomatic personnel and their dependents and,
unless otherwise provided by law, for other foreign temporary residents.

All revenues and assets of non- stock, non- profit educational institutions used actually, directly and
exclusively for educational purposes shall be exempt from taxes and duties. Upon the dissolution or
cessation of the corporate existence of such institutions, their assets shall be disposed of in the manner
provided by law. Proprietary educational institutions, including those cooperatively owned, may likewise
be entitled to such exemptions subject to the limitations provided by law including restrictions on dividends
and provisions for reinvestment.
Subject to conditions prescribed by law, all grants endowments, donations or contributions used actually,
directly and exclusively for educational purposes shall be exempt from tax.

Section 5.

The State shall take into account regional and sectoral needs and conditions and shall encourage local
planning in the development of educational policies and programs.
Academic freedom shall be enjoyed in all institutions of higher learning.
Every citizen has a right to select a profession or course of study, subject to fair, reasonable and equitable
admission and academic requirements.
The State shall enhance the right of teachers to professional advancement. Non- teaching academic and
non-academic personnel shall enjoy the protection of the State.

The State shall assign the highest budgetary priority to education and ensure that teaching will attract and
retain its rightful share of the best available talents through adequate remuneration and other means of job
satisfaction and fulfillment.

BATAS PAMBANSA BLG. 232 (THE EDUCATION ACT OF 1982)

This was an act providing for the establishment and maintenance of an integrated system of education. In
accordance with Section 2, this act shall apply to and govern both formal and non- formal system in public
and private schools in all levels of the entire educational system.

As provided by this Act, the national development goals are as follows:

To achieve and maintain an accelerating rate of economic development and social progress.
To assure the maximum participation of all the people in the attainment and enjoyment of the benefits of
such growth; and
To achieve and strengthen national unity and consciousness and preserve, develop and promote desirable
cultural, moral and spiritual values in changing world.

It is also stated in Section 3 that:

The State shall promote the right of every individual to relevant quality education, regardless of sex, age,
creed socio- economic status, physical and mental conditions, racial or ethnic origin, political or other
affiliation. The State shall therefore promote and maintain equality of access to education as well as the
benefits of education by all its citizens.

RIGHTS OF STUDENTS IN SCHOOL (Section 9)

The right to receive competent instruction, relevant quality education.

The right to freely choose their field of study subject to the existing curricula and continue their course up
to graduation, except in cases of academic deficiency or violations of disciplinary regulations.
The right to school guidance and counseling services.
The right to access to his owns school records and the confidentiality of it.
The right to issuance of official certificates, diplomas, transcript of records, grades, transfer credentials and
similar document within thirty days from request.
The right to publish a student newspaper and invite resource persons during symposia, assemblies and other
activities.
 The right to free expression of opinions and suggestions and to effective channels of
communication with appropriate academic and administrative bodies of the school or institutions.
The right to form or establish, join and participate in organizations and societies recognized by the
school…, or to form, join and maintain organizations and societies for purposes not contrary to law.
The right to be free from involuntary contributions except those approved by their organizations and
societies.

RIGHT OF ALL SCHOOL PERSONNEL (Section 10)

Free expression of opinions and suggestions.

To be provided with free legal service by the appropriate government office in case of public school
personnel and the school authorities concerned in case of private school personnel, when charged in
administrative, civil and/or criminal proceedings, by parties other than the school authorities concerned, for
actions committed directly in the lawful discharged of professional duties and/or in defense of school
policies.
Establish join, maintain labor organization of their choice to promote their welfare and defend their interest.
To be free from involuntary contributions except those imposed by their own organizations.

SPECIAL RIGHTS and/or PRIVILEGES OF TEACHING OR ACADEMIC STAFF (Section 11)

Right to be free compulsory assignment not related to their duties defined in their appointment or
employment contracts unless compensated thereof. (additional compensation Sec. 14 R.A. 4670- at least
25% his regular remuneration)
Right to intellectual property………
Teachers are persons in authority when in lawful discharge of duties and responsibilities… shall therefore
be accorded due respect and protection (Commonwealth Act No. 578)
Teachers shall be given opportunity to choose career alternatives for advancements.

RIGHTS OF ADMINISTRATORS (Section 12)

School administrators shall be deemed persons in authority while in the lawful discharge of their duties and
responsibilities…. Shall be accorded due respect and protection (Commonwealth Act No. 578)

RIGHTS OF SCHOOLS (Section 13)

The right of their governing boards…….to adopt and enforce administrative or management systems.
The right of institutions of higher learning to determine on academic grounds who shall be admitted to study,
who may teach, and who shall be the subjects of the study and research.

MAINTENANCE OF QUALITY EDUCATION

Voluntary Accreditation (Section 29)
Teachers and Administrators obligations and qualification (Sections 176 and 17) Government Financial
Assistance to Private Schools (Section 41)

OTHER LEGAL BASES

1. Act No. 74
This law was enacted on January 21, 1901 by the Philippine Commission, and provided:
a. establishment of the Department of Public Instruction headed by the
General superintendent
b. the archipelago was divided into school divisions and districts for effective management of the school
system.

c. English was made as medium of instruction in all levels of schooling

d. optional religious instructions in all schools (Section 16)
e. establishment of a Trade school in Manila (Philippine College of Arts and Trade-
PCAT now known as Technological University of the Philippines), a school of
Agriculture in Negros, a Normal school in Manila (Philippine Normal School) (Section
18) f• Philippine Normal School, however, was renamed Philippine Normal College
(PNC) by virtue of Republic Act No. 416 on June 18, 1949. And on December 26,
1991, the PNC was converted to Philippine Normal University as provided by Republic Act No. 7168.

2. Act No. 2706

This was known as the “Private School Law”, enacted on March 10, 1917 by the Philippine Legislature,
which made obligatory the recognition and inspection of private schools and colleges by the Secretary of
Public Instruction so as to maintain a standard of efficiency in all private schools and colleges in the
country.
This law was amended by Commonwealth Act No. 180 passed on November 13, 1936 which provided
that:
The Secretary of Public Instruction was vested with power to “supervise, inspect and regulate said schools
and colleges in order to determine the efficiency of instruction given in the same.”
And all private schools come under the supervision and regulation of the Secretary of DPI, thus
eliminating “diploma mills” and substandard schools.
3. Commonwealth Act No. 1 (Amended by R.A. 9163)
Known as the “National Defense Act” passed by the Philippine Assembly on December 21, 1935, which
provided in Section 81 that:

“Preparatory Military training shall be given with the youth in the elementary grade school at the
age of ten years and shall extend through the remainder of his schooling into college or post-
secondary education.
 By virtue of Presidential Decree 1706, issued by the late President Marcos on August 8, 1980, otherwise
known as the “National Service Law”, Commonwealth Act No. 1 was amended, and required all
citizens to render, civic welfare service, law enforcement service and military service.

4. Commonwealth Act No. 80

This law created the Office of Adult Education on October 26, 1936, so as to eliminate illiteracy and to
give vocational and citizenship training to adult citizens of the country.

5. Commonwealth Act No. 578

Enacted on June 8, 1940, conferred the status of “persons in authority” upon the teachers, professors, and
persons charged with the supervision of public or duly recognized private schools, colleges and
universities.
This Act also provided a penalty of imprisonment ranging from six months and one day to six years
and a fine ranging from 500 to 1, 000 pesos upon any person found guilty of assault upon those
teaching personnel.

6. Commonwealth Act No. 586 (Repealed by R.A. 896)

This is known as Education Act of 1940. It was approved on August 7, 1940 by the Philippine
Assembly.

The law provided for the following:

a. reduction of seven- year elementary course to six- year elementary course.

b. fixing the school entrance age to seven.
c. national support of elementary education.
d. compulsory attendance in the primary grades for all children who enroll in Grade I.
e. introduction of double- single session- one class in the morning and another in
the afternoon under one teacher to accommodate more children.

7. Commonwealth Act No. 589

This law, approved on August 19, 1940, established a school ritual in all public and private elementary
and secondary schools in the Philippines.

The ritual consists of solemn and patriotic ceremonies that include the singing of the National Anthem
and Patriotic Pledges.

8. Republic Act No. 139 (Repealed by R. A. 8047)

Enacted on June 14, 1947, and the Board of Textbooks. This law provided that all public schools must
only use books that are approved by the Board for a period of six years from the date of their adoption.
The private schools may use books of their choice, provided the Board of Textbooks has no objections
with those books.
9. Republic Act No. 896
Enacted on June 20, 1953 and known as the Elementary Education Act of 1953, it repealed
Commonwealth Act 586 and provided for the following:

a. restoration of Grade VII (but never implemented due to lack of funds)

b. abolition of the double- single session and return to the former practice of only one
 c. class under one teacher in the primary and three teachers to two classes or
five teachers to three classes in the intermediate level
d. compulsory completion of the elementary grades
e. compulsory enrollment of children in the public schools upon attaining seven
years of age.

10. Republic Act No. 1124 (Repealed by R. A. 7722)

Approved on June 16, 1954, this law created the Board of National Education charged with the duty of
formulating general educational policies and directing the educational interests of the nation.

However, this Board which was later renamed National Board of Education (P.D. No. 1), was abolished
bu virtue of the Creation of the board of Higher Education as stipulated in Batas Pambansa Blg. 232.
The Board’s function is now assumed by the commission on Higher Education or CHED by virtue of
Republic Act No. 7722.

11. Republic Act No. 1265 (amended by R. A. 8491)

This law was approved on June 11, 1955, and provided that a daily flag ceremony shall be compulsory
in all educational institutions. This includes the singing of the Philippine National Anthem.

12. Republic Act No. 1425

It was approved on June 12, 1956, it prescribed the inclusion in the curricula of all schools, both public
and private, from elementary schools to the universities, the life, works and writings of Jose Rizal
especially the NoliMe Tangere and El Filibusterismo.

13. Republic Act No. 4670

Known as the “Magna Carta for Public School Teachers”. This was approved on June 18, 1966 to
promote and improve the social and economic status of public school teachers, their living and working
conditions, their employment and career prospects.

It also provided the following:

Recruitment qualifications for teachers Code of

Professional Conduct for Teachers
Teaching hours- 6 hours of classroom teaching (maximum load)
Additional compensation- 25% of the regular remuneration
Health and injury benefits (thru the GSIS)
One year study leave (sabbatical leave) after seven years of continuous teaching, the teacher should receive
60% of the monthly salary.
One range salary increase upon retirement (basis computing the retirement fee). Freedom to form
organizations.

14. Republic Act No. 1079

Approved on June 15, 1959, it provided that Civil Service eligibility shall be permanent and shall have
no time limit.
15. Republic Act No. 6655
Known as the “Free Public Secondary Education Act of 1988”, it was approved on May 26, 1988 and
provided for:
 a. Free public secondary education to all qualified citizens and promote quality education at all level.
b. No tuition or other fees shall be collected except fees related to membership in the school
community such I.D., student organization and publication.
c. Non- payment of these shall not hinder a student from enrollment or graduation.
d. Nationalization of all public secondary schools ( Section 7)
e. A student who fails in majority of his academic subjects for two consecutive years could no longer
avail of their program.

Please access in the LEAP.

Principles and Philosophy of Philippine Education

Art. II, Sec. 17 (1987 Philippine Constitution)

Section 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism
and nationalism, accelerate social progress, and promote total human liberation and development.

Art. XIV, Sec. 1-2 (1987 Philippine Constitution)

ARTICLE XIV

Education, Science and Technology. Arts, Culture, and Sports

Education

SECTION 1. The State shall protect and promote the right of all citizens to quality education

at all levels and shall take appropriate steps to make such education accessible to all.

SECTION 2. The State shall:

(1) Establish, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of the
people and society:

(2) Establish and maintain a system of free public education in the elementary and high school levels. Without limiting
the natural right of parents to rear their children, elementary education is compulsory for all children of school age:

(3) Establish and maintain a system of scholarship grants, student loan programs, subsidies. and other incentives which
shall be available to deserving students in both public and private schools, especially to the underprivileged;

(4) Encourage non-formal, informal, and indigenous learning systems, as well as self leaming, independent,
and out-of-school study programs-particularly those that respond to community needs; and

(5) Provide adult citizens, the disabled, and out-of-school youth with training in civics. vötätlängƒ efficiency,
and other skill.

What is Philosophy of Education?

Lesson Proper:

Philosophy of education is the branch of applied or practical philosophy concerned with the nature and aims
of education and the philosophical problems arising from educational theory and practice. Because that
practice is ubiquitous in and across human societies, its social and individual manifestations so varied, and
its influence so profound, the subject is wide-ranging, involving issues in ethics and social/political
philosophy, epistemology, metaphysics, philosophy of mind and language, and other areas of philosophy.

Because it looks both inward to the parent discipline and outward to educational practice and the social,
legal, and institutional contexts in which it takes place. philosophy of education concerns itself with both
sides of the traditional theory/practice divide. Its subject matter includes both basic philosophical issues
(e.g.. the nature of the knowledge worth teaching, the character of educational equality and justice, etc.) and
problems concerning specific educational policies and practices (eg. the desirability of standardized curricula
and testing, the social, economic, legal atumoral dimensions of specific funding arrangements, the
justification of curriculum decisions, etc.). In all this the philosopher of education prizes conceptual clarity.
argumentative rigor, the fair-minded consideration of the interests of all.

WEEK 5 LESSON 2

Personal Philosophy of Teaching

Your teaching philosophy is a self-reflective statement of your beliefs about teaching and learning. It's a one-
to-two-page narrative that conveys your core ideas about being an effective teacher in the context of your
discipline. It develops these ideas with specific, concrete examples of what the teacher and learners will do
to achieve those goals. Importantly, your teaching philosophy statement also explains why you choose these
options.
Your reasons for writing a teaching philosophy may vary. You might be writing it as an exercise in concisely
documenting your beliefs so that you can easily articulate them to your students, peers, or a search
committee. It might serve as the introduction to your teaching portfolio. Or, it can serve as a means of
professional growth as it requires you to give examples of how you enact your philosophy, thus requiring
you to consider the degree to which your teaching is congruent with your beliefs.

Generating ideas

Teaching philosophies express your values and beliefs about teaching. They are personal statements that
introduce you, as a teacher, to your reader. As such, they are written in the first person and convey a
confident, professional tone. When writing a teaching philosophy, use specific examples to illustrate your
points. You should also discuss how your values and beliefs about teaching fit into the context of your
discipline.
Below are categories you might address with prompts to help you begin generating ideas. Work through each
category, spending time thinking about the prompts and writing your ideas down. These notes will comprise
the material you’ll use to write the first draft of your teaching philosophy statement. It will help if you
include both general ideas (‘I endeavor to create lifelong learners’) as well as specifics about how you will
enact those goals. A teaching philosophy template (pdf) is also available to help you get started.

Questions to prompt your thinking

• Your concept of learning

What do you mean by learning? What happens in a successful learning situation? Note what constitutes
"learning" or "mastery" in your discipline.
• Your concept of teaching
What are your values, beliefs, and aspirations as a teacher? Do you wish to encourage mastery, competency,
transformational learning, lifelong learning, general transference of skills, critical thinking? What does a
perfect teaching situation look like to you andwhy? How are the values and beliefs realized in classroom
activities? You may discuss course materials, lesson plans, activities, assignments, and assessment
instruments.

• Your goals for students

What skills should students obtain as a result of your teaching? Think about your ideal student and what the
outcomes of your teaching would be in terms of this student's knowledge or behavior. Address the goals you
have for specific classes or curricula and that rational behind them (i.e., critical thinking, writing, or problem
solving).

• Your teaching methods

What methods will you consider to reach these goals and objectives? What are your beliefs regarding
learning theory and specific strategies you would use, such as case studies, group work, simulations,
interactive lectures? You might also want to include any new ideas or strategies you want to try.

• Your interaction with students

What are you attitudes towards advising and mentoring students? How would an observer see you interact
with students? Why do you want to work with students?

• Assessing learning

How will you assess student growth and learning? What are your beliefs about grading? Do you grade
students on a percentage scale (criterion referenced) or on a curve (norm referenced)? What different types
of assessment will you use (i.e. traditional tests, projects, portfolios, presentations) and why?

• Professional growth

How will you continue growing as a teacher? What goals do you have for yourself and how will you reach
them? How have your attitudes towards teaching and learning changed over time? How will you use student
evaluations to improve your teaching? How might you learn new skills? How do you know when you've
taught effectively?