Chapter 7

This chapter discusses the policies concerning ethical and legal influences on teaching, helping the
teacher to be morally upright in his or her profession.

EDUCATIONAL LAW: ETHICAL AND LEGAL INFLUENCES ON

TEACHING
”In order to transform schools successfully, educators need to navigate the difficult space between letting
go of old patterns and grabbing on to the new ones.”

- Deal, 1990

The 1987 Constitution of the Philippines

The EDSA People Power Revolution served to restore democracy in our country, and the
promulgation of the 1987 Constitution provided the present Philosophy of Education in the Philippines
as stated in Article XIV Section 3 (2) thus:

All educational institutions 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 vocational efficiency.

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.

 Stressed that is the responsibility of the State to provide quality education to all citizens
regardless of socioeconomic status and affordable to all
 Based on universal education

Section 2.

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

 Mandated to provide an educational system that will meet the needs of the people and
develop their potential, skills and moral character
 From elementary to graduate level

(2) The State shall establish, a 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;
  All elementary and secondary schools are FREE
 All the secondary public schools are nationalized

(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 under-privileged

 The state by virtue of RA 6728 has provided financial assistance to students and
teachers in the private sectors

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

 Mandates the State to encourage non-formal education to enable those who do not
have the means to take formal schooling, to be trained for profitable employment
 Includes technical and vocational courses in the fields of agricultural, fishery,
distributive, and commercial education as well as industrial/trade/technical education
and homemaking and home industries
 Informal and indigenous learning include method within the cultural communities used
to preserve certain buildings and traditions

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

 State should provide training in civics, vocational efficiency and other skills to other
citizens, the disabled and out-of-school youth
 Designed to avoid idle an unemployed youth and adults

Section 3.

(3) At the option expressed in writing by the parents or guardians, religion shall be allowed to be
taught to their children or wards in 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, without additional cost to the Government.

 Religion shall be allowed to be taught (on voluntary basis) in public elementary and high
schools within regular class hours
 Parents and guardian can express their concerns regarding the religious instructions
given to their children but the government has no additional cost for such instructions

Section 4.

(1) The State recognizes the complementary roles of public and private institutions in the
educational system and shall exercise reasonable supervision and regulation of all educational
institutions.
 State has the power to control, through DepEd, all public schools in terms of prescribing
curriculum, selecting textbooks, and imposing disciplinary measures
  Private institutions is limited to the supervision and regulation of State
 DepEd may impose minimum requirements and conditions which private schools may
operate

(2) Educational institutions, other than those established by religious groups and mission boards,
shall be owned 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.
 All educational institutions (except religious establishes ones) should be owned by a Filipino
citizen same through as the control and administration of these institutions shall be vested
on citizens of the Philippines

(3) 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.

 In order to be granted tax exemption, the profits/assets must be used to improve schools
facilities and academic standards and the assets of nonstock, non-profot institutions would
be disposed in accordance to the law
 Proprietary educational institution, even those cooperatively owned, may be entitled with
such exemption to the limitations provided for reinvestments.
(4) 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.
 All grants and endowments, donations, or contributions uses actually, directly, and
exclusively for educational purposed also exempt from tax. (Duka, 2006)

Section 5.

(1) 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.
 There is a need to encourage local planning in the development of educational policies and
programs because different regions and sectors have different needs as well as problems.
(2) Academic freedom shall be enjoyed in all institutions of higher learning.
 The right for institutions of higher learning to determine on academic grounds who shall be
admitted to study, who may teach, and what shall be subjects of the study and research.
(Section 13 Batas Pambansa Bilang 232)
(3) Every citizen has a right to select a profession or course of study, subject to fair, reasonable,
and equitable admission and academic requirements.
 State should not be a hindrance to a citizen in pursuing his chose career as long as he
meets the necessary requirement prescribed
 (4) The State shall enhance the right of teachers to professional advancement. Nonteaching
academic and non-academic personnel shall enjoy the protection of the State.

 State shall help teachers to enhance their professional growth by providing them with
extensive and comprehensive pre-service and in-service training programs as well as
other incentives.

The Education Act of 1982

This was an act that provided for the establishment and maintenance of an integrated system of
education. In accordance to Section 2, the 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.

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

1. To achieve and maintain an accelerating rate of economic development and social progress;

2. To ensure the maximum participation of all the people in the attainment and enjoyment of the
benefits of such growth; and

3. To achieve and strengthen national unity and consciousness and preserve, develop and promote
desirable cultural, moral and spiritual values in a changing world.

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
enjoyment of the benefits of education by all its citizens.

The state shall promote the right of the nation’s cultural communities in the exercise of their right to
develop themselves within the context of their cultures, customs, traditions, interest and belief, and
recognizes education as an instrument for their maximum participation in national development and in
ensuring their involvement in achieving national unity.

Rights of Parents — In addition to other rights under existing laws, all parents who have children
enrolled in a school have the following rights:

1. The right to organize by themselves and/or with teachers for the purpose of providing a
forum for the discussion of matters relating to the total school program, and for ensuring the
full cooperation of parents and teachers in the formulation and efficient implementation of such
programs.

2. The right to access to any official record directly relating to the children who are under their
parental responsibility.

Right of Students in School — In addition to other rights, and subject to the limitation prescribed by law
and regulations, and student and pupils in all schools shall enjoy the following rights:
 1. The right to receive, primarily through competent instruction, relevant quality education in
line with national goals and conducive to their full development as person with human dignity.

2. The right to freely choose their field of study subject to existing curricula and to continue their
course therein up to graduation, except in cases of academic deficiency, or violation of
disciplinary regulations.

3. The right to school guidance and counselling services for decisions and selecting the
alternatives in fields of work suited to his potentialities.

4. The right of access to his own school records, the confidentiality of which the school shall
maintain and preserve.

5. The right to the issuance of official certificates, diplomas, transcript of records, grades,
transfer credentials and other similar documents within thirty days from request.

6. The right to publish a student newspaper and similar publications, as well as the right to invite
resource persons during assemblies, symposia and other activities of similar nature.

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

8. The right to form, establish, join and participate in organizations and societies recognized by
the school to foster their intellectual, cultural, spiritual and physical growth and development,
or to form, establish, join and maintain organizations and societies for purposes not contrary to
law.

9. The right to be free from involuntary contributions, except those approved by their own he
organizations or societies.

Rights of all School Personnel — In addition to other rights provided for by law, the following rights
shall be enjoyed by all school personnel:

1. The right to free expression of opinion and suggestions, and to effective channels of
communication with appropriate academic and administrative bodies of the school or
institution.

2. The right to be provided with free legal service by the appropriate government office in the
case of public school personnel, and through the school authorities concerned in the case of
private school personnel, when charged in an 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 defence of school policies.

3. The right to establish, join and maintain labour organizations and/or professional and self-
regulating organizations of their choice to promote their welfare and defend their interests.

4. The right to be free from involuntary contributions except those imposed by their own
organizations.
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:

1. The right to be free from compulsory assignments not related to their duties as defined in
their appointments or employment contracts, unless compensated therefor, conformably to
existing law.

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

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

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

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.

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

Rights of Schools — In addition to other rights provided for by law, schools shall enjoy the following:

1. The right of their governing boards or lawful authorities to provide for the proper governance
of the school and to adopt and enforce administrative or management systems.

2. The right for institutions of higher learning to determine on academic grounds who shall be
admitted to study, who may teach, and what shall be subjects of the study and research.

Duties of Parents — In addition to those provided for under existing laws, all parents shall have the
following duties and obligations:

1. Parents, individually or collectively, through the school systems, shall help carry out the
educational objectives in accordance with national goals.

2. Parents shall be obliged to enable their children to obtain elementary education and shall
strive to enable them to obtain secondary and higher education in the pursuance of the right
formation of the youth.

3. Parents shall cooperate with the school in the implementation of the school program
curricular and co-curricular.
Duties and Responsibilities of Students — In addition to those provided for under existing laws, every
student shall:

1. Exert his utmost to develop his potentialities for service, particularly by undergoing an education
suited to his abilities, in order that he may become an asset to his family and to society.

2. Uphold the academic integrity of the school, endeavour to achieve academic excellence and abide by
the rules and regulations governing his academic responsibilities and moral integrity.

3. Promote and maintain the peace and tranquillity of the school by observing the rules and discipline,
and by exerting efforts to attain harmonious relationships with fellow students, the teaching and
academic staff and other school personnel.

4. Participate actively in civic affairs and in the promotion of the general welfare, particularly in the
social, economic and cultural development of his community and in the attainment of a just,
compassionate and orderly society.

5. Exercise his rights responsibly in the knowledge that he is answerable for any infringement or
violation of the public welfare and of the rights of others.

Teacher’s Obligations — Every teacher shall:

1. Perform his duties to the school by discharging his responsibilities in accordance with the
philosophy, goals, and objectives of the school.

2. Be accountable for the efficient and effective attainment of specified learning objectives in
pursuance of national development goals within the limits of available school resources.

3. Render regular reports on performance of each student and to the latter and the latter’s
parents and guardians with specific suggestions for improvement.

4. Assume the responsibility to maintain and sustain his professional growth and advancement
and maintain professionalism in his behaviour at all times.

5. Refrain from making deductions in students’ scholastic rating for acts that are clearly not
manifestations of poor scholarship.

6. Participate as an agent of constructive social, economic, moral, intellectual, cultural and

political change in his school and the community within the context of national policies.

School Administrators’ Obligations — Every school administrator shall:

1. Perform his duties to the school by discharging his responsibilities in accordance with the philosophy,
goals and objectives of the school.

2. Be accountable for the efficient and effective administration and management of the school.
3. Develop and maintain a healthy school atmosphere conducive to the promotion and preservation of
academic freedom and effective teaching and learning, and to harmonious and progressive school-
personnel relationship.

4. Assume and maintain professional behaviour in his work and in dealing with students, teachers,
academic non-teaching personnel, administrative staff, and parents or guardians.

5. Render adequate reports to teachers, academic non-teaching personnel and non-academic staff on
their actual performance in relation to their expected performance and counsel them on ways of
improving the same.

6. Observe due process, fairness, promptness, privacy, constructiveness and consistency in disciplining
his teachers and other personnel.

7. Maintain adequate records and submit required reports to the Ministry of Education, Culture and
Sports.

Obligations of Academic Non-Teaching Personnel — Academic non-teaching personnel shall:

1. Improve himself professionally be keeping abreast of the latest trends and techniques in his
profession.

2. Assume, promote and maintain an atmosphere conducive to service and learning.

The Education Act of 1982 has provided measures to maintain quality education. One of them is
voluntary accreditation.

1. PAASCU – Philippine Accrediting Association of Schools, College and Universities; a private,

voluntary, non-profit and non-stock corporation which was registered with the Securities
and Exchange Commission on November 5, 1957.
2. ACSC-AA – Association of Christian Schools and. Colleges formed its own accrediting
association
3. PACU-COA – Philippine Association of Colleges and Universities Commission on
Accreditation
4. AACUP - Accrediting Agency of Chartered Colleges and Universities in the Philippines; It was
initiated as the accrediting agency of the Philippines Association of State Universities and
Colleges (PASUC) in 1989. It was formally establishes as an independent accrediting body to
service mainly the needs of the members of PASUC. The said organization has linkages with
Federation of Accrediting Agencies of the Philippines (FAAP) and it was recognized as an
umbrella body to coordinate with the government policies, programs, standards, and
procedure on accreditation of educational institutions and course offerings, towards the
upgrading of the quality of education in the Philippines.

Accreditation in the Philippines is conceived as a process that leads to different levels of

accreditation, and thus favours the commitment of institutions to continuous improvements. To achieve
Level I accreditation, an institution must:
 a) Show progress in addressing identified shortcomings
b) Receive a visiting external team of accreditors sent by the agency
c) Acquire a positive recommendation from the visit which endorsed to CHED by the
FAAP

A similar process applies for Level II, prior to which the institution should have attended or
complied with any other recommendations for improvement. This level is good for between 3 to 5 years.

Re-accreditation to Level III is based on a high standard of instruction evidenced by:

a) outstanding performance of graduates in licensure examinations

b) Visible research tradition
c) Strong links with other schools and agencies
d) Extensive library and other learning resources facilities
e) Visible community extension program
f) Reasonable budget and measurable quality output
g) Strong faculty development program

On the other hand, to achieve Level IV accreditation, it requires:

a) Outstanding research and publication

b) Internationally acknowledged teaching and learning methodologies
c) Global linkages and consortia
d) Social and educational contributions (regional and national levels)
e) Planning processes supportive of quality assurance mechanism

Activities relevant to quality assurance must be carefully supervised and monitored by Higher
Education Institutions (HEIs) to maintain or upgrade their status to a higher level. HEIs can be
downgraded if it fails to maintain the quality expected from it and will be inspected again by an
accrediting team which is done to motivate the institutions to continue the quality improvement.

CHED Classification of Accreditation Stages and Corresponding Benefits (UNESCO, 2003)

Levels Incentives and Benefits

Level I:
Applicant Status
Institutions/programs which have undergone with Partial Administrative Deregulation – exemption
a preliminary survey visit and are capable of from compliance with prescribed administrative
attaining accredited status w/in 1 or 2 years operational requirements, such as need for
approval of class and teacher’s programs,
trimestral submission of enrolment lists, and
reports of promotion of students. Form IX from
CHED may also be submitted w/o the previously
required documents and authority to grant
teaching overload in meritorious cases.
Level II:
Applicant Status
Institutions/programs which have undergone Full administrative deregulation, provided that
formal accreditation and have been granted initial reports of promotion of students and lists of
accreditation set by FAAP for this level. graduates are available for review by CHED at all
times
Financial deregulation in terms of setting tuition
and other school fees and charges.
Partial curricular autonomy which shall include the
authority to revise the curricula w/o CHED
approval provided that CHED and PRC minimum
requirements and guidelines, were applicable and
complied with the revised curriculum is submitted
to CHED Regional Offices.
Authority to graduate students from accredited
courses/programs of study in the levels accredited
w/o prior approval of CHED and w/o need for
Special Orders.
Priority in terms of available funding assistance for
scholarships, library materials, laboratory
equipment and other development activities.
Priority for government subsidy for faculty
development.
Right to use on its publications/advertisements the
word “ACCREDITED” pursuant to CHED policies
and rules. Limited visitation,
inspection/supervision by CHED
supervisory/representatives.
Level III:
Re-accredited Status
Institutions/programs which have accredited and All benefits of Level II.
which have met the additional criteria set by FAAP
for this level.
Full curricular deregulation, including the authority
to offer new courses allied to existing Level III
courses, w/o need for prior approval provided that
CHED, through the appropriate Higher Education
Regional Office (HERO), is duly informed before
offering such new programs.
Level IV:
Re-accredited Status
Institutions/programs which have distinguishes All benefits of Level II and Level III.
themselves in a broad area of academic discipline
and enjoy prestige and authority comparable to
that international universities
Awards of grants/subsidies from the Higher
Education Development Fund for programs of
qualified tertiary educational institutions for the
period or duration of its Level IV accredited status,
 as approved by the CHED, in accordance with the
HEDF Guidelines.
Grant of charter of full autonomy for the duration
of its Level IV accredited status of the institutions.

Sexual Harassment Law

Otherwise known as the Republic Act No. 7877 or the Anti-Sexual Harassment Act of 1995 was
signed into law on February 14, 1995. It was proposed by the following women’s group:

Sama-samang Inisyatibo ng Kababaihan sa Pagbabago ng Batas sa Lipunan (SIBOL)

Lakas Manggagawa Labor Center-Women’s Commission
National Commission on the Role of Filipino Women (NCRWF)

From 1993, it took two more years before it is signed to be a law by President Fidel V. Ramos.

As defined, Sexual Harassment is any of sexual behaviour by members of dominant gender

group towards members of subordinate group to experience their powerlessness as a member of the
group.

The State policy on sexual harassment is embodied in Section 2 of the law which provides that,
“The State shall value the dignity of every individual, enhance the development of it human resources,
guarantee full respect for human rights, and uphold the dignity of workers, employees, applicants for
employment, students or those undergoing training, instruction or education. Towards this end, all
forms of sexual harassment in the employment, education or training environment are hereby declared
unlawful.”

Sexual harassment is committed in the work, education or training by an employee, manager,

supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person
who, having authority, influence or moral ascendancy over another in a work or training or education
environment, demands, requests or otherwise requires any sexual favor from the other, regardless of
whether the demand, request or requirement for submission is accepted by the object of said Act.

Note that there is no discrimination to the gender of the victim which means that both male and
female employee that was subjected to sexual harassment can file a complaint and may claim relief
through civil or criminal action.

However, the civil liability is not limited to the harasser but the employer or head of the office is
held liable for the damages that was cause by the harassment that occurred on the premises of the
work, if and only if, they are informed that such act has happened yet no immediate action were carried
out to address it.

The employers are directed to establish a committee on decorum and investigation (CODI) of
cases on sexual harassment.

In a work-related or employment environment, sexual harassment is committed when sexual

favour is made as a condition in the hiring or in the employment, reemployment or continued
employment of said individual, or in granting said individual favourable compensation, terms,
conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting,
segregating or classifying the employee which in a way would discriminate, deprive or diminish
employment opportunities or otherwise adversely affect said employee;

The above acts would impair the employee’s rights or privileges under existing labor laws; or the
above acts would result in an intimidating, hostile, or offensive environment for the employee.

In an education or training environment, sexual harassment is committed:

1. Against one who is under the care, custody or supervision of the offender;
2. Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;
3. When the sexual favour is made a condition to the giving of a passing grade, or the granting of
honours and scholarships, or the payment of a stipend, allowance or other benefits, privileges,
or considerations; or
4. When the sexual advances result in an intimidating, hostile or offensive environment for the
student, trainee or apprentice.

Duty of the Employer or Head of Office in a Work-related, Education or Training Environment

It shall be the duty of the employer or the head of the work-related, educational or training
environment or institution, to prevent or deter the commission of acts of sexual harassment and to
provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment.
Towards this end, the employer or head of office shall:

(a) Promulgate appropriate rules and regulations in consultation with the jointly approved by the
employees or students or trainees, through their duly designated representatives, prescribing the
procedure for the investigation or sexual harassment cases and the administrative sanctions
therefor.

(b) Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful
acts of sexual harassment. The said rules and regulations issued pursuant to this section (a) shall
include, among others, guidelines on proper decorum in the workplace and educational or
training institutions.

(c) Create a committee on decorum and investigation of cases on sexual harassment. The
committee shall conduct meetings, as the case may be, with other officers and employees,
teachers, instructors, professors, coaches, trainors and students or trainees to increase
understanding and prevent incidents of sexual harassment. It shall also conduct the investigation
of the alleged cases constituting sexual harassment.

In the case of a work-related environment, the committee shall be composed of at least one (1)
representative each from the management, the union, if any, the employees from the supervisory rank,
and from the rank and file employees.

In the case of the educational or training institution, the committee shall be composed of at least
one (1) representative from the administration, the trainors, teachers, instructors, professors or coaches
and students or trainees, as the case maybe.
 The employer or head of office, educational or training institution shall disseminate or post a copy
of this Act for the information of all concerned.

Penalties

Any person who violates the provisions of this Act shall, upon conviction, be penalized by
imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than Ten
thousand pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or both such fine and
imprisonment at the discretion of the court. Any action arising from the violation of the provision of this
Act shall prescribe in three (3) years.

This means that the complaint for sexual harassment must be filed by the offended party within
three years from the time the incident took place, otherwise the victim is barred by law from filling it.

Republic Act No. 7836, “Philippine Teachers Professionalization Act of 1994”

On December 16, 1994, the law is enacted with the main objective centralizing at the
promotion, development, and professionalization of teachers and teaching profession and the
supervision of the licensure examination for teachers. The Professional Board Examination for Teachers
was conducted by the Civil Service Commission and the National Board for teachers under the Ministry
of Education, Culture and Sports under the RA 1006 (Teachers Professionalization Decree of 1976) but
on August 1996 it was transferred to the Supervision of Professional Regulations Commission (PRC).

The Board for Professional Teachers — a board of five members that enforce the rules and regulations
of the examination through the supervision of PRC. Thus to be qualified a member should be:

(a) Be a citizen and resident of the Philippines;

(b) Be at least thirty-five (35) years of age, of proven integrity, and possessed of high moral
values in his personal as well as professional conduct and has not been convicted of any offense
involving moral turpitude;

(c) Be a holder of the degree of Bachelor of Arts or Bachelor of Science in Education and
preferably a holder of a master’s or doctorate degree in education, or their equivalents, from a
university, school, college, academy or institute duly constituted, recognized and/or accredited
by the Philippine government;

(d) Be a professional teacher with a valid certificate of registration and valid professional license,
save those members who shall compose the first Board for Professional Teachers;

(e) Has been a professional teacher in the active practice of the teaching profession for at least
ten (10) years in the elementary and secondary level; and

(f) Not be an official or member of the faculty of, nor have pecuniary interest in any university,
college, school, or institution conferring a bachelor’s degree in education or its equivalents for at
least three (3) years prior to his appointment, and neither connected with a review center or
with any group or association where review classes or lectures in preparation for the licensure
examination are offered or conducted.
 The law also requires that all applicants for registration as professional teachers, shall be
required to undergo a written examination should be given at least twice a year in such places and dates
as the Board may determine upon approval by the Commission. Before being a professional teacher, a
valid certificate and license from the Commission is required.

As determined by this law, 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) A citizen of the Philippines or an alien whose country has reciprocity with the Philippines in
the practice of the teaching profession;

(b) At least eighteen (18) years of age;

(c) In good health and of good reputation with high moral values;

(d) Has not been convicted by final judgment by a court for an offense involving moral turpitude;

(e) 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’s degree in arts and sciences with at least ten (10)
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.

Scope of Examination. — The examinations for the elementary and secondary school teachers shall be
separate. The examination for teachers in the elementary level shall consist of two (2) parts, namely:
professional education and general education. The examination for teachers in the secondary level shall
consist of three (3) parts, namely: professional education, general education, and field of specialization.

Report of the Results of the Examination. — The Board shall, within one hundred twenty (120) days
after the examination, report the ratings obtained by each candidate to the Professional Regulation
Commission for approval and appropriate action.

Issuance of Certificate of Registration and Professional License. — The registration of a professional

teacher commences from the date his name is enrolled in the roster of professional teachers.

Every registrant who has satisfactorily met all the requirements specified in this Act shall, upon
payment of the registration fee, be issued a certificate of registration as a professional teacher bearing
the full name of the registrant with serial number and date of issuance signed by the chairman of the
Commission and the chairman, vice-chairman, and members of the Board, stamped with the official seal,
as evidence that the person named therein is entitled to practice the profession with all the rights and
privileges appurtenant thereto. The certificate shall remain in full force and effect until withdrawn,
suspended and/or revoked in accordance with law.

A professional license signed by the chairman of the Commission and bearing the registration
number and date of issuance thereof and the month of expiry or renewability shall likewise be issued to
every registrant who has paid the annual registration fees for three (3) consecutive years. This license
shall serve as evidence that the licensee can lawfully practice his profession until the expiration of its
validity.

Every registrant shall be required to take his professional oath before practicing as a
professional teacher.

Failure to Pass the Merit Examination. — If a teacher fails to pass the merit examination, he or she shall
be allowed to take the examination for a second time. Should he or she fail to pass the merit
examination for the second time, then he or she shall be required to take a DECS accredited refresher
course or program before being allowed to retake the examination. Failure of any permanent teacher to
pass the merit examination shall not, however, be used as a ground for his/her dismissal or demotion.

Incentives. — Teachers who pass the merit examination shall:

(a) Be awarded a diploma of merit by the Board;

(b) Earn merit points for purposes of promotion in salary or to a higher position or grade level;

(c) Be placed in the priority list for government scholarship; and

(d) Enjoy such other benefits as may be promulgated by the Board.

Similar incentives shall be given to teachers who make inventions, develop new methods of teaching,
write a book or books and create works of artistic merit.

Penalties — The following shall be punishable by a fine of not less than Five thousand pesos (P5,000.00)
nor more than Twenty thousand pesos (P20,000.00) or imprisonment of nor less than six (6) months nor
more than five (5) years, or both, at the discretion of the court:

(a) Any person who practices the teaching profession in the Philippines without being certified in
accordance with the provisions of this Act;

(b) Any person who represents or attempts to use as his own certificate of registration that of
another;

(c) Any person who gives any false, or fraudulent evidence of any kind to the Board or any
member thereof in obtaining a certificate of registration as teacher;

(d) Any person who impersonates any registrant of the same or different name;

(e) Any person who uses a revoked or suspended certificate of registration;

(f) Any person who, in connection with his name, otherwise assumes, uses or advertises any title
or description tending to convey or conveys the impression that he is a teacher without holding
a valid certificate; and
 (g) Any person who violates or who abets the violation of any of the provisions of this Act.

The penalty of fine or imprisonment or both, as provided in this section, shall also apply to any
school official who shall cause or be responsible for the commission of any of the above-enumerated
acts.

EXERCISE 7

Name: ________________________________ Score: ___________________

Teacher: ______________________________ Section: __________________

A. Identification. Supply the necessary details.

_______________1. Any of sexual behaviour by members of dominant genred group towards members
of subordinate group to experience their powerlessness as a member of the group.

_______________ 2. An independent accrediting body of education established in 1989.

_______________ 3. Institution/programs which have undergone a preliminary survey visit and are
capable of attaining accredited status within one or two years.

_______________ 4. It provides the present philosophy of Philippine Education.

_______________ 5. In this article provided financial assistance to students and teachers in the private
education sector.

_______________ 6. This law became the basis of the rights, duties, and benefits of the workers in the
Philippine private education sector.

_______________ 7. It requires schools to pay the teachers and rank and file employees a thirteenth
month pay not later than December 24 of every year regardless of the amount of their salary.

_______________ 8. This law has the main objective centralizing at the promotion, development, and
professionalization of teachers and teaching profession and the supervision of the licensure examination
for teachers.

_______________ 9. Refers to the recognition of an educational program or, where applicable, of an

educational institutions as processing certain standards of quality or excellence.

_______________ 10. A stage where an institution is officially listed by the accrediting agency as an
applicant institution for a maximum period of three years.

Essay

1. Do you think CHED accreditation should be the requirement in measuring the quality of
education?
2. How do we encourage teachers to work in the Philippines rather than seek an opportunity in
other countries?
3. Is Philippine education really deteriorating? Let us reflect on this issue. Choose a particular level
(elementary, secondary, and tertiary) and specific subject area (Science, Math, English) as a prior
point of reference.