Educational Laws and

Policies
 Terminal Objective:
Newly-hired teaching and non-teaching personnel will be able to
practice and observe the provisions of the following educational
laws and issuances in the course of their day to day work in their
respective stations or workplace viz:
RA 7836
Education Act of 1982
Family Code of the Philippines
Campus Journalism Act
Anti-Sexual Harassment Act of 1995
 Enabling Objectives:

At the end of the activity the participants will be able to:

• Gain knowledge and information on the provisions of the different

educational laws and issuances.
• Apply the provisions of the different educational laws and issuances to their
day to day practice of their profession.
• Develop a positive attitude towards their profession by religiously following
the provisions of the different educational laws and issuances.
• What do you mean by the quotation?
• How does it apply to you as a newly-hired
teaching or non-teaching personnel?
Read the following statements and identify to which
educational laws or issuances this concerns with.
Choose from among the laws and issuances below:

• RA 7079
• Executive Order No. 209
• RA 7836
• Education Act of 1982 or RA 232
• RA 7877
 Statement No. 1

Teachers and school heads are deemed persons

in authority while in the discharge of lawful
duties and responsibilities, and shall, therefore,
be accorded due respect and protection.
 Statement No. 2

This law declares unlawful sexual harassment

cases against women and men in the
employment, education and training
environment.
 Statement No. 3

Schools, its administrators and teachers are

vested with special parental authority.
 Statement No. 4

Only those who are registered with the PRC as

professional teachers are allowed to teach in the
Philippines.
 Statement No. 5

This act upholds the freedom of the press even

at the campus level.
• How did you feel while answering our
activity?
• Do you think you get all answers right?
• What does it imply as a newly-hired teaching
or non-teaching personnel?
 RA 7836
Philippine Teachers
Professionalization Act of 1994
An Act To Strengthen The Regulation And
Supervision Of The Practice Of Teaching
In The Philippines And Prescribing A
Licensure Examination For Teachers And
For Other Purposes.
• Section 1. Short Title. —This Act shall be known as the
"Philippine Teachers Professionalization Act of 1994.“
• Section 2.Statement of Policy. —The State recognizes the
vital role of teachers in nation building and development
through a responsible and literate citizenry.
Sec. 4.Definition of Terms. —For purposes of
this Act, the following terms shall mean:

• (a) "Teaching" —refers to the profession concerned

primarily with classroom instruction, at the elementary
and secondary levels in accordance with the curriculum
prescribed by the Department of Education, Culture and
Sports, whether on part-time or full-time basis in the
private or public schools.
• (b) "Teachers" — refers to all persons engaged in
teaching at the elementary and secondary levels, whether
on full-time or part-time basis, including industrial arts or
vocational teachers and all other persons performing
supervisory and/or administrative functions in all schools
in the aforesaid levels and qualified to practice teaching
under this Act.
• Sec. 17. Issuance of Certificate of Registration and
Professional License. – The registration of a professional
teacher commences from the date his name is enrolled in
a roster of professional teachers.
• Sec. 18. Oath Before Practice. —Every registrant shall be
required to take his professional oath before practicing as
a professional teacher.
• Sec. 23. Revocation of the Certificate of Registration,
Suspension from the Practice of the Teaching Profession,
and Cancellation of Temporary or Special Permit.
• (a) Conviction for any criminal offense by a court of
competent jurisdiction;
• (b) Immoral, unprofessional or dishonorable conduct;
• (c) Declaration by a court of competent jurisdiction for
being mentally unsound or insane;
• (d) Malpractice, gross incompetence, gross negligence or
serious ignorance of the practice of the teaching
profession;
• (e) The use of or perpetration of any fraud or deceit in
obtaining a certificate of registration, professional license
or special/temporary permit;
• (f) Chronic inebriety or habitual use of drugs;
• (e) Violation of any of the provisions of RA 7836, rules
and regulations of the BPT and the PRC, and the Code
of Ethical and Professional Standards for Professional
Teachers; and
• (f) Unjustified or willful failure to attend seminars,
workshops, conferences and the like or the continuing
education program prescribed by the BPT and PRC
 Sec. 27. Inhibition Against the Practice of the
Teaching Profession.
• No person shall practice or offer to practice the teaching
profession in the Philippines or be appointed as teacher
to any position calling for a teaching position without
having previously obtained a valid certificate of
registration and a valid professional license from the
Commission.
 Sec. 28 Penal Provisions

• If a person is practicing as a professional teacher without

a valid certificate of registration or valid license,
• He shall be fined with not less than P5,000 to P20,000
• Or imprisonment of not less than six (6) months to
five (5) years.
 RA 232 or 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.
• This act states that teachers and school heads are deemed
persons in authority while in the discharge of lawful
duties and responsibilities, and shall, therefore, be
accorded due respect and protection.
• Section 3. 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.
• Section 9. Rights of Students in the school
• 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 counselling 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.
• Section 10. Right of all School Personnel
• 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.
• Section 11. Special Rights and/or Privileges of Teaching or
Academic Staff
• 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.
 Family Code of the Philippines
• Article 218
• Schools, its administrators and teachers are vested with special
parental authority.
• This special parental authority and responsibility applies to all
authorized activities, whether inside or outside the premises of
the school, entity or institution. Such authority and
responsibility applies to field trips, excursions and other affairs
of the pupils and students outside the school premises
whenever authorized by the school or its teachers.
• The school, administrators, teachers are principally and
solidarily liable for acts or omissions of the students.
• However, to be liable, there must be a finding that the act
or omission considered as negligent was the proximate
cause of the injury caused because of the negligence
must have causal connection to the accident.
• Whenever the school or teacher is being made liable, the parents and those
exercising substitute parental authority are not free from liability because Art.
219 of the Family Code expressly provides that they are subsidiarily liable.
• Teachers, school administrators or individuals engaged in child care and
exercising special parental authority are prohibited from inflicting corporal
punishment upon a child. (Art. 233)
R.A. 7079 or Campus Journalism Act of 1991

An Act Providing for the Development

and Promotion of Campus Journalism
and for other Purposes.”
• To uphold the freedom of the press even at the campus
level.
• To promote the development and growth of campus
journalism as a means of strengthening ethical values,
encouraging critical and creative thinking, and developing
moral character and personal discipline of the Filipino
youth.
• Student Publication
• All schools shall establish a student publication.
• Aims of the Student Publication is to train the students
in:
• 1. Application of Communication Arts in Journalism.
• 2. Technical skills in journalism.
• 3. Responsibilities of a journalist
• 4. Use of student publication in support of the
educational development.
• 5. In becoming responsible and intelligent.
• 6. Social awareness/involvement.
• 7. Advance students’ rights & promote their welfare.
• Financing of Student Publication
• Funding of student publication may include the savings of the
respective school’s appropriations, student subscriptions,
donations, and other source of funds.
• The school head shall not withhold the release of fund sources
from the savings of the appropriations of the school and
other sources intended for the student publication.
Subscription fees collected by the school shall be released
automatically to the student publication concerned.
 RA 7877 or
Anti-Sexual Harassment Act of 1995
An Act Declaring Sexual Harassment
Unlawful in the Employment, Education
or Training Environment, and for other
Purposes
 Section 2. Declaration of Policy
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.
 Section 3. Work, Education or Training-
related Sexual Harassment
• The sexual favor is made as a condition in the hiring or in the
employment, reemployment or continued employment of said
individual, or in granting said individual favorable 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.
 Education/training related sexual
harassment
• Against one who is under the care, custody or supervision of the
offender;
• Against one whose education, training, apprenticeship or
tutorship is entrusted to the offender;
• When the sexual favor is made a condition to the giving of a
passing grade, or the granting of honors and scholarships, or the
payment of a stipend, allowance or other benefits, privileges, or
considerations; or
• When the sexual advances result in an intimidating, hostile or
offensive environment for the student, trainee or apprentice. Any
person who directs or induces
• Any person who directs or induces another to commit any act of
sexual harassment as herein defined, or who cooperates in the
commission thereof by another without which it would not have
been committed, shall also be held liable under this Act
 Sexual Harassment May Take Place
• in the premises of the workplace or office or of the school or
training institution;
• in any place where the parties were found as a result of work or
education or training responsibilities or relations;
• at work or education or training-related social functions;
• while on official business outside the office or school or training
institution or during work or school or training related travel;
• at official conferences, fora, symposia or training sessions; or
• by telephone, cellular phone, fax machine or electronic mail
 Illustrative Forms of Sexual Harassment

• Physical
• Malicious Touching;
• Overt sexual advances;
• Gestures with lewd insinuation
• Verbal
• requests or demands for sexual favors;
• lurid remarks
• Others
• Use of objects, pictures or graphics, letters or writing
notes with sexual underpinnings.
 Persons Liable for Sexual Harassment
• Any government official or employee, regardless of sex, is liable for sexual
harassment when he/she
• A. directly participates in the execution of any act of sexual harassment;
• B. induces or directs another to commit sexual harassment;
• C. cooperate in the commission of sexual harassment by another
through an act without which the sexual harassment would not have been
accomplished;
• D. cooperates in the commission of sexual harassment by another
through previous or simultaneous act.
 Classification of Sexual Harassment
• Grave offenses
• 1. unwanted touching of private parts of the body (genitalia, buttocks
and breast);
• 2. sexual assault;
• 3. malicious touching;
• 4. requesting for sexual favor in exchange for employment, promotion,
local or foreign travels, favorable working conditions or assignments, a
passing grade, the granting of honors or scholarship, or the grant of
benefits or payment of a stipend or allowance, and
• 5. other analogous cases.
• Less Grave offenses
• 1. unwanted touching or brushing against a victim’s body;
• 2. pinching not falling under grave offenses;
• 3. derogatory or degrading remarks or innuendoes directed toward the
members of one sex, or one’s sexual orientation or used to describe a
person;
• 4. verbal abuse with sexual overtones; and
• 5. other analogous cases.
• Light offenses
• 1. surreptitiously looking or staring a look of a person’s private part or
worn undergarments;
• 2. telling sexist/smutty jokes or sending these through text, electronic
mail or other similar means, causing embarrassment or offense and
carried out after the offender has been advised that they are offensive or
embarrassing or, even without such advise, when they are by their nature
clearly embarrassing, offensive or vulgar;
• 3. malicious leering or ogling;
• 4. the display of sexually offensive pictures, materials or graffiti;
• 5. unwelcome inquiries or comments about a person’s sex life;
• 6. unwelcome sexual flirtation, advances, propositions;
• 7. making offensive hand or body gestures at an employee;
• 8. persistent unwanted attention with sexual overtones;
• 9. unwelcome phone calls with sexual overtones causing discomfort,
embarrassment, offense or insult to the receiver; and
• 10.other analogous cases.
 Penalties
a. Light Offenses
1st Offense - reprimand
2nd Offense - fine or suspension not exceeding 30 days
3rd Offense - dismissal
• Less Grave Offenses
• 1st Offense - fine or suspension not less than 30 days
and not exceeding 6 months
• 2nd Offense - dismissal
• Grave Offenses
• 1st Offense - dismissal
 Contents of the Complaint

1. The full name and address of the complainant;

2. The full name, address, and position of the respondent;
3. A brief statement of the relevant facts;
4. Evidence, in support of the complainant, if any;
5. A certification of non-forum shopping.
 Case Digest

• Petitioner is a public school teacher of Pandan

Elementary School, Pandan, Mambajao, Camiguin
Province. Respondent Eduardo O. Wahiman is the
father of AAA, an elementary school student of
the petitioner.
 Facts of the Case
• AAA claimed that on August 16, 1995, petitioner asked her to be
at his office to do an errand. Once inside, she saw him get a folder
from one of the cartons on the floor near his table, and place it
on his table. He then asked her to come closer, and when she did,
held her hand, then touched and fondled her breast. She stated
that he fondled her breast five times, and that she felt afraid. A
classmate of hers, one Vincent B. Sorrabas, claiming to have
witnessed the incident, testified that the fondling incident did
happen just as AAA related it.
• Petitioner was charged with Misconduct in a Formal Charge dated
February 12, 1996by Regional Director Vivencio N. Muego, Jr. of
the CSC.
• In his defense, petitioner claimed that the touching incident
happened by accident, just as he was handing AAA a lesson book.
He further stated that the incident happened in about two or three
seconds, and that the girl left his office without any complaint.
 Resolution of the CSC
• In Resolution No. 98-0521 dated March 11, 1998, the CSC found
petitioner guilty of Grave Misconduct (Acts of Sexual
Harassment), and dismissed him from the service.
• Specifically, the CSC found the petitioner to have committed an
act constituting sexual harassment, as defined in Sec. 3 of
Republic Act No. (RA) 7877, the Anti-Sexual Harassment Act of
1995. Petitioner filed a motion for reconsideration, but the same
was denied in Resolution No. 99-0273 dated January 28, 1999
• Petitioner was charged with Misconduct in a Formal Charge dated
February 12, 1996by Regional Director Vivencio N. Muego, Jr. of
the CSC.
• In his defense, petitioner claimed that the touching incident
happened by accident, just as he was handing AAA a lesson book.
He further stated that the incident happened in about two or three
seconds, and that the girl left his office without any complaint.
 TRUE OR FALSE

1. Sexual harassment can occur outside the work site

and still be considered work related.
2. Sexual harassment is not limited to physical
contact. It can occur any time that an individual is
uncomfortable with another person’s approaches,
comments or discussions.
3. Friendly flirting is not sexual harassment when
flirting is practiced between mutually consenting
individuals who are equal in power or authority.
4. In order for it to be determined sexual
harassment, the victim has to be of the opposite sex
of the harasser.
5. Terms of endearment with co-workers, i.e.
"honey," "dear" are considered verbal abuse and
charges can be brought up against the employee.
Recap
 Statement No. 1

Teachers and school heads are deemed persons

in authority while in the discharge of lawful
duties and responsibilities, and shall, therefore,
be accorded due respect and protection.
 Statement No. 2

This law declares unlawful sexual harassment

cases against women and men in the
employment, education and training
environment.
 Statement No. 3

Schools, its administrators and teachers are

vested with special parental authority.
 Statement No. 4

Only those who are registered with the PRC as

professional teachers are allowed to teach in the
Philippines.
 Statement No. 5

This act upholds the freedom of the press even

at the campus level.
 Concluding Activity

• Write a Commitment Statement on how the

provisions of the different educational laws and
policies will be applied in your work as a teaching
or non-teaching personnel.