This document summarizes laws and policies related to teachers in the Philippines across four categories: Commonwealth Acts, Republic Acts, Presidential Decrees, and Executive Orders. Some key points covered include: - Commonwealth Act No. 177 protects teachers' tenure and places them under civil service rules. Commonwealth Act No. 578 recognizes teachers as persons in authority. - Republic Act No. 4670, the Magna Carta for Public School Teachers, aims to improve teachers' living and working conditions to attract and retain qualified teachers. - Presidential decrees establish rules for teacher examinations, eligibility, professionalization, and pensions. - Executive orders cover policies like a new teacher career progression system, teacher salaries and benefits

3. 1. Commonwealth Acts
1.1 Commonwealth Act No. 177
This act places public school teachers under the Civil
Service Rules and Regulations, Particularly those that affect
their examination, appointment, transfer, separation,
suspension and reinstatement. This Act protects the
teacher’s tenure of office. ( Approved, Nov. 13, 1936 )
1.2 Commonwealth Act No. 578
This law recognizes supervisors, teachers, and
professors of public and recognized private schools as
persons in authority. Any person guilty of assault made
directly or indirectly upon a supervisor, teacher, or professor
will be subject to penalty or imprisonment ranging
from six months and one day to six years and a fine
from P500.00 to P1,000.00. ( Approved, June 8, 1940 )

4. 2. Republic Acts
2.1 Republic Act No. 660
This Act amended Section 12 of Commonwealth Act
186. The Act provides for automatic retirement at the age of
65 if the teacher has completed 15 years of service. If he has
not, he shall be allowed to continue in service until he
completes 15 years, unless he is otherwise eligible for
disability retirement. Upon specific approval of the
President of the Republic of the Philippines, an
employee may be allowed to continue to serve after the
age of 65 if he possesses special qualifications and his service
are needed. It shall be the duty of the latter’s automatic
separation from the service at least sixty days before
his retirement takes effect.

5. 2.2 Republic Act No. 842 ( Amended R. A. No. 312 )
The salary Act of 1953 (R.A No. 842) provides for a
revised salary scale and automatic salary increases for
public school officials, teachers, and other school
personnel. This law allocates the grades and the salary
scale for the various positions. This Act provides
further that a teacher with educational qualifications or
civil service eligibility higher than the standard
required for the position to which he is appointed,
shall be given a higher entrance salary than a teacher who
merely meets the standards. It also provides that salaries
of all the school personnel shall first be adjusted
in accordance with the entrance salary rates prescribed in
this Act. After the adjustments in salary has been
provided, increases for regular personnel shall be
automatically effected until the maximum rates have been
attained. (Approved, May 1, 1953)

6. 2.3 Republic Act No. 1079
This law provides that civil service eligibility shall be
permanent and shall have no limit. This Act modifies
the present civil service regulations which makes
one’s eligibility lapse after two years of unemployment,
from the date of passing the examination or extension of
two years for every one year of service in the government
2.4 Republic Act No. 1080
This Act states that bar and board examination which
require the candidates to have four years of college
training and two years of experience are considered
equivalent to the first grade regular examination; and
those requiring less than four years of preparation are
equivalent to the second grade regular examination.
(Approved, June 15, 1954)

7. 2.5 Republic Act No. 4670, entitled
“ The Magna Carta for Public School Teachers”
The purpose of this Act is to promote and improve
the social and economic status of public school teachers
– their living and working conditions, their terms of
employment and career prospects. This will help public
school teachers compare favorably with other
professionals and therefore will attract and retain in the
teaching profession more qualified people who are
aware that education is an essential factor in the
economic growth of the nation. (cf. Inclosure 1 and 2 for
the full text)

8. 3. Presidential Decrees
3.1 Presidential Decree No. 688 – Issued April 22, 1975,
the Decree returns to the Civil Service Commission
(CSC) the power to give appropriate examination
for public school teachers considering the fact that the
CSC has better facilities than the DEC which
continues to administer tests with the CSC’s
cooperation.
3.2 Presidential Decree No. 220 – Exempting SSS
Benefits, Retirement Gratuities, Pensions and
Similar Benefits from Payment of Income Tax,
Issued June 20, 1973.

9. 3.4 Presidential Decree No. 1148 – Amending and Increasing
the Pension of the Teachers Retired Under Act No. 3050 as
Amended. Issued May 31, 1997.
Section 1 – The pension of a teacher who retired under Act No. 3050
shall be increased by one hundred pesos monthly, and that of every
one of his/her beneficiaries, by fifty pesos monthly.
Section 2 – Appropriations for the fiscal year and annually thereafter
shall come from inappropriate funds of the National Treasury.

10. 3.5 Presidential Decree No. 1006 – Providing for
the Professionalization of Teachers, Regulating their
Practice in the Philippines and for Other Purpose.
Issued Sept. 22, 1976.
The decree is known as the Decree Professionalizing
Teaching. A National Board for Teachers is created, chaired by the DEC
Secretary, with the Chairman of the Civil Service Commission, the
Commissioner of the Professional Regulation Commission, and two from
the private sector to be appointed by the President as members. Powers
and duties of the Board include among others: (1) to appoint for every
examination a set of examiners to prepare the board examination for
teachers in the elementary and secondary levels to be held once a year; (2)
to look from time to time into the conditions affecting the practice of
the teaching profession; (3) to adopt such measures as may be deemed
proper for the enhancement of said profession and/or maintenance of its
ethical standards

11. 4. Letters of Instructions (LOIs)
4.3 LOI No. 998 – On the Purchase of Uniforms for
Certain Agencies of the National Government.
Issued March 13, 1980.
- School teachers shall be given the option to
receive their uniform allowance in the form of cash
or in the form of material centrally procured by the
Ministry of Education and Culture at its head office
or the regional office from HERDITEX Incorporated.
4.6 LOI No. 1414 – Directing the Evaluation of Proposal
Intended to Improve Teacher Welfare. Issued June
22, 1984.
- The Trustees of the Government Service Insurance
System (GSIS) shall study and act on the possibilities of (a)
receiving the housing loan program and generally of
improving on the benefits attendant to system
membership and (b) supporting the establishment
and operation of dormitories for school teachers.

12. - The trustees of the PAG-IBIG Fund shall study
and recommend on the possibility of suspending
or otherwise mitigating the burden on the lower
income members of salary deductions for the
fund.
- The Ministers of Local Governments, of Budget,
and of Education, Culture and Sports shall study
and act on the provision of the Local Government
Code extending free tuition privileges to children
of barangay officials.
- The Ministers of Education, Culture and Sports
shall give priority to the children of public school
teachers in the award of scholarships and study
now-pay-later slots.

13. 5. Executive Orders
5.1 Executive Order No. 500 – Establishing a New System of
Career Progression for Public School Teachers . Issued
March 21, 1978. (Refer to Inclosure 1)
- The rationale behind this executive order is to retain
quality teachers in the teaching profession. An excellent
teacher can be promoted to the rank of a Master Teacher
provided he meets all the necessary requirements for the
position.
- It provides a bifurcated system of budgeting for the
supervisory and the teaching group. The salary of the
Head Teacher is the same as the salary of
Master Teacher I, Principal I and Master Teacher II,
etc.
- Remarks: Implemented in MEC Order No. 10, s. 1979
(Jan. 31, 1979), entitled “Implementing Rules and
Regulations for the System of Career Progression for
Public School Teachers,” as promulgated by the Civil
Service Commission, the Budget
Commission, and the MEC. (Refer to Inclosure 4 for the

14. 5.2 Executive Order No. 696 – Granting Career Executive Service
Officer (CESO) Rank to Graduates of the National Defense
College of the Philippines. Issued: May 27, 1981.
- Holders of the degree of Master Of National Security
Administration shall be given preference in promotion to existing
vacant positions, as well as assignments to higher responsibility,
particularly those involving policy formulation in their respective
units, ministries, agencies, offices or entities.
- Initially, NDCP graduates belonging to the government
service shall be granted the rank of CESO III with corresponding
compensation and other privileges in the Career Executive
Service.

15. 5.4 Executive Order No. 189 – Legal Rights for Teachers
Labor standards laws fix and prescribe the minimum
terms and conditions of employment such as wages, allowances, and
benefits. They provide minimal standards of living for health
efficiency and general well-being of the teachers.
5.4.1 Wages / Salaries
The International Labor Organization – United Nations
Educational, Scientific and Cultural Organization (ILO- UNESCO)
Conference in Paris, France adopted on Oct. 5, 1966 the following
recommendations that would provide just wages to teachers

16. 1.1 The salaries given to teachers should be fitting
recognition of the enormous responsibility they have to
the society that they serve.
1.2 Compare favorably with salaries paid on other
occupations requiring similar or equivalent
qualifications.
1.3 Provide teachers with the means to ensure a
reasonable standards of living for themselves and their
families as well as to invest in further education and the
pursuit of cultural activities, thus enhancing their
professional qualifications.
1.4 Take account of the fact that certain posts require
higher qualifications and experience and carry greater
responsibilities.

17. 5.4.2 Sources of Funds for the Public School Teachers’
Salaries
Salaries for public elementary and secondary school
teachers as well as instructors and professors in
state colleges and universities (SCUs) are derived
from the national government’s General
Appropriations Act (GAA).
With the advent of the Nationalization Law or Executive
Order No. 189 which took effect July 1, 1987, locally-
funded schools like the barangay, municipal and
provincial high schools are now nationalized. So the
teachers of these schools derive their salaries from the
national governments give certain percentage in
providing additional local shares over and above the
national salary rate.

18. 5.4.3 Some Recent Laws and Issuances Governing
Teachers’ Salaries
5.4.3.1 Executive Order No. 153 was issued by President Corazon
Aquino on March 25, 1987 and took effect on March
1, 1987. It provided for 20% salary increase for the
public elementary and secondary teachers but 15% only
for the teachers in SCUs. This order was implemented
through National Compensation Circular No. 47 and Local
Budget Circular No. 29, issued by the Department of
Budget and Management on April 13, and April 2, 1987,
respectively.
5.4.3.2 Republic Act No. 6642, otherwise known as General
Appropriaions Act for 1988, granted another 10% increase
for
all government teachers, effective January 1, 1988. Its
implementing rules and regulations are provided in National
Compensation Circular (NCC) No. 51.

19. 5.4.4 Wage Supplements
A wage supplement is an extra amount, whether in cash or in
kind, which a teacher receives regularly, over and above his/her
wages.
5.4.4.1 Cost of Living Allowance (COLA)
Public school teachers’ cost of living allowance is provided
under the Magna Carta’s Section 18, which states that: “Teachers’
salaries shall, at the very least, keep pace with the rise in the cost
of living by the payment of a cost of living allowance which shall
follow automatically the changes in a cost-of-living index. The
Secretary of Education shall recommend to Congress at least
annually the apportion of the necessary funds for the cost-of-
living allowance.”

20. Laws on Cost-of-Living Allowances
National Compensation Circular No. 41, which took effect on
July 1, 1986 increased the former COLA of public school teachers by
P150, raising the former P350 to P500 per month.
Additional COLA was provided by the national government in
National Compensation Circular No. 52 effective January, 1988
increasing the COLA to P700.
The current salary rates of public school teachers, however,
are still below the decent income threshold for a family of six members
which is P162 per day of P4,860 monthly according to the March 8,
1988 figures of the Bureau of Labor and Employment Statistics (BLES).
The purchasing power of the teachers’ pay is also fast eroded
by the imposition of new taxes like the value added tax (VAT) which
triggered another round of price hikes of basic goods and services by
at least 20%.

21. Another law providing local COLA for the public school
teachers is the Special Education Fund Act (republic Act 5447) as
amended by Letter of Instructions No. 1462, section 2.4, issued on May
31, 1985, which states that:
“Allowances given to public school teachers out of the Special
Education Fund (SEF) shall not exceed one hundred percent (100%) of
the basic pay in first class local government units, seventy five percent
(75%) in second and third class local government units, and fifty (50%)
percent in fourth and lower class of local government units.”
This is the reason why some Manila teachers are given higher
COLAs over and above the P700 per month provision from the national
government. As an example, Makati and Parañaque public school
teachers are receiving COLA which is equivalent to 100% of their basic
salaries. This is the result of the militancy of teachers in negotiating for
just shares from the SEF for their fringe benefits like the local COLA.

22. 5.4.4.2 Clothing Allowance
An annual antional clothing allowance of P300 is given to
all public school teachers under Sec. 33, Batas Pambansa No. 866
(General Appropriation Act of 1985)
Manila teachers receive an additional P300 local, or
city/municipal government share. Quezon City, Marikina,
Mandaluyong and San Juan teachers are granted a local share of
P900.This is likewise a product of their unrelenting struggles during
the previous years.

23. 5.4.4.4 Year-End Bonus and Cash Gift
By virtue of Executive Order No. 130, all government
teachers and employees shall be granted a year-end bonus equivalent to one-
month basic salary and a cash gift of P1,000. The EO is implemented
through NCC No. 49, effective November 13, 19887. The year-end bonus
corresponds to the 13th
- month pay given to private employees.
5.4.4.5 Medical Allowance
An annual medical allowance of P2,000 was given to all
government teachers and employees in 1986 only. But it ceased to be
granted with the issuance of Executive Order No. 147 on March 3, 1987.
Government teachers and employees are now clamoring for the
regularization of this benefit due to increasing cases of work-related
illnesses affecting civil servants throughout the country. DECS
officials, however, recently came out with the statistics that only 10% of the
350,000 public school teachers were afflicted with tuberculosis.

24. 5.4.4.7 Additional Compensation For Extra Work
Public school teachers must be paid additional compensation
equivalent to 25% of their basic pay for extra work rendered.
Magna Carta’s Section 14 states that: “Notwithstanding any
provisions of existing law to the contrary, co-curricular and out-of- school
activities and any other activity outside what is defined as normal duties of
any teacher should be paid an additional compensation of at least 25% of
his/her regular remuneration after the teacher has completed at least
six hours of classroom teaching a day.”
5.4.4.8 Subsidy for Instructional Materials
The 1981 national budget under Batas Pambansa No. 80 initiated
the practice of giving the public school teacher P100 a year for chalk and other
school supplies. This practice was institutionalized through DECS
Memorandum No. 79, dated Feb 13, 1981.

25. 5.4.4.10 Retirement
Teachers from the public school are given a one-range
salary raise upon retirement. A teacher belonging to Step 3, for
instance, will be classified upon retirement as within Step 4 of
the next range. The salary for the higher range and monthly salary
for the last three years before effective date of retirement will be the
basis for computation of the lump sum retirement pay.
A lifetime monthly pension equivalent to 90% of their
monthly salary is given to those who retire at age 60, under
Presidential Decree No. 1146 (Old Age Pension). Under
Republic Act 660, an annuity benefit equivalent to 80% of the
monthly salary for the last three years shall be given to those
who retire at age 63.

26. 5.4.4.11 Study Leave
A one-year study leave with pay shall be granted to a teacher
who has rendered at least seven years of satisfactory teaching.
Magna Carta’s Section 24 states: “During the period of such
leave, the teacher shall be entitled to at least 60% of his salary: Provided,
however, that no teacher shall be allowed to accumulate more than one-
year study leave, unless he needs an additional semester to finish his
thesis for a graduate study in education or allied courses. Provided, further
that no compensation shall be due the teacher after the first year of such
leave.”
In all cases, the study leave period shall be counted for
seniority and pension purposes subject to the condition that the teacher
takes the regular study load and passes at least 75% of his course. Study
leave of more than one year without compensation may be permitted by
the Secretary of Education.

27. 5.4.4.12 Rights to No Diminution and/or Reduction of
Existing Benefits
Under Section 4.1 of the Nationalization Law or Executive
Order No. 189 which took effect on July 1, 1987, public school
teachers have the right to no diminution and/or reduction of
their existing fringe benefits.
This provision refers to teachers’ benefits like their local
share in the basic pay, cost-of-living and clothing allowances granted
by their local governments.

28. 5.4.5 Wage Deductions
Only lawful dues and fees as well as those authorized in writing
by the teacher are deductible from his/her pay. Magna Carta’s Section
21 states: “ No person shall make any deduction whatsoever from the
salaries of teachers except under specific authority for such deduction.
Provided, however, that upon written authority executed by teachers
concerned, such deduction may be made.”
Some legal deductions are lawful membership fees and dues to
the Philippine Public School Teachers Association or a similar
local organization and premium due the GSIS, MEDICARE, and PAG-
IBIG contributions and the like.

29. TABLE NO. 1
LAWFUL SALARY DEDUCTIONS/CONTRIBUTIONS
_____________________________________________________________
Deductions / Contributions Premium / Computations
GSIS Life Insurance 3% of monthly basic pay
GSIS Retirement Plan 5.5% of the monthly pay
MEDICARE based on salary bracket
Withholding Tax based on salary bracket
PAG-IBIG (Optional) 3% of monthly basic pay
PPSTA Membership monthly due
_______________________________________________________
Source: Brochure from the GSIS, PAG-IBIG and BIR

30. 5.4.5.3 Letter of Instructions No. 1385 issued on Feb.
20, 1984 ordered the minimizing of fund-raising activities directed
at school teachers and children. Fund-raising activities are
limited to those related to the Red Cross, Anti-Tuberculosis, Girl and
Boy Scouts Campaigns. Such fund-raising activities shall be on a
purely voluntary basis, and no quotas shall be assigned to school
teachers or students.
Further, this issuance discourages “… soliciting
contributions from or through teachers or school children to support
such activities as athletic meets, choral/song/dance contests or
festivals and graduation exercises or to provide frills like
banners, welcoming delegations, lavish food and entertainments,
and the like for visiting school officials or dignitaries.”
The following are discouraged:

31. a. Donations for gift-giving for the birthdays, bienvenidas
and despedidas of school principals and other officials
b. Payment of books lost by the students at the end of the
school year
c. Payment of unsold tickets given to the students
d. Contributions for the prizes of school and community
contests and others
e. Contributions for the food and entertainment of visiting
schools or government officials

32. 5.4.6 Other Labor Standards
5.4.6.1 Subject Load and Teaching Hours - Public school
teachers engaged in classroom instruction may not be required to render
more than six hours of classroom teaching. Working beyond these
hours entitles teachers to receive an additional compensation of at least
25% of their regular remuneration.
5.4.6.2 Health and Welfare - Among the health and welfare
benefits guaranteed to teachers under the Law are:
(a) free compulsory medical examination once a year
(b) compensation for work-connected diseases or injuries
according to existing workmen’s compensation laws
(c) 60-day maternity leave during which a female teacher is
entitled to full pay

33. 5.4.6.3 GSIS, MEDICARE and PPSTA Benefits
6.3.1 GSIS Benefits
(a) Permanent and/or partial disability benefits for work-
related injury or illness, payable in lump sum or
monthly basis
(b) Sickness-income benefits for non-work related injury
or illness, payable in lump sum or monthly basis
(c) Optional life insurance for dependents, with premium
costs lower than those available from private insurance
companies
(d) Survivorship benefits that accrue to dependents of
members and pensioners, payable in monthly pension
(e) Funeral benefits raised from P750 to P1,000

34. 6.3.2 Medicare
(a) Hospitalization benefits
(b) Surgical expense benefits
(c) Medical expense benefits
(d) Sterilization expense benefits
6.3.3 PPSTA Benefits
(a) Mutual aid sytem
(b) Free accident insurance worth P2,000
(c) Mutual financial assistance in cases of hospitalization
and calamity

35. 6.4.2 No Discrimination Policy (RA 4670, Section 10)
“There shall be no discrimination whatsoever in entrance to the
teaching profession or during its exercise, or in the termination
of services other than professional consideration.”
6.4.3 Married Teachers (RA 4670, Section 11)
Whenever possible, the proper authorities shall take all steps
to enable married couples, both of whom are public school
teachers, to be employed in the same locality.
6.4.4 Indefinite Leave (RA 4670, Section 25)
An indefinite sick leave shall be granted to teachers when the
nature of illness demands a long treatment that will exceed one
year at the least.

36. 5.4.7 Labor Relations Rights
5.4.7.1 The Right to Self-Organization
The Philippine Constitution states that “it shall guarantee the
rights of all workers to self-organization, collective bargaining, and negotiation, and
peaceful concerted activities, including the right to strike in accordance with the
law” (Article XIII, Section 3).
The Education Act of 1982 declares that the teachers shall enjoy “the
right to establish, join and maintain labor organizations of their choice to
promote their welfare and defend their interest” (Section 10, No. 3)
Two executive issuances were made by the Aquino
administration to implement the constitutional provision on government-sector
right to association. The first was Executive Order No. 111, dated Dec. 24, 1986,
which included the right of employees of government corporations to establish
organizations and to bargain collectively. The second was Exec. Order No.180, issued on
June 1, 1987, which created the Public Sector Labor Management Council
(PSLMC) in-charge of making the implementing rules and government-sector
associations.

37. The Magna Carta for Public School Teachers recognizes the teachers’
right to fully establish and join organizations of their choosing, whether
local or national, to further defend their interests. (Section 27, RA 4670)
The Magna Carta adds that the right to self-organization, “shall be
exercised without any interference or coercion. It shall be unlawful for any
person to commit any act of discrimination against teachers which are calculated
to:
(1) make employment of a teacher subject to the condition that he shall
not join an organization, or shall relinquish membership in an
organization.
(2) cause the dismissal of, or otherwise prejudice, a teacher by reason
of his membership in an organization activity outside school hours
or, with the consent of proper school authorities, within school
hours.
(3) prevent him from carrying out the duties laid upon him by his
position in the organization, or to penalize him for an action
undertaken in that capacity” (Section 28, RA 4670).

38. 5.4.7.2 Right to Democratic Participation in Policy Making
The sovereign will of the people should express itself through
active participation at all levels of decision making.
The 1987 Philippine Constitution states that it shall respect the
role of the independent people’s organizations to enable the
people to pursue and protect, within the democratic framework,
their legitimate and collective interests and aspirations
through peaceful and lawful means.
Furthermore it says: “ The right of the people and their
organizations to effective and reasonable participation at all
levels of social, political, and economic decision making shall not
be abridged. The State shall by law facilitate the establishment of
adequate mechanism to guarantee this right” (Art. XIII. Sec. 6).

39. The Education Act of 1982 says that “every educational institution shall
provide for the establishment of appropriate bodies through the members of
the educational community to discuss relevant issues and communicate
information for the promotion of their commitments” (Section 7, Chapter 1).
The Magna Carta stipulates that “National Teachers” organizations
shall be consulted in the formulation of national education policies governing
the social security of teachers: (Section 29, RA 4670)
The UNESCO/ILO paper on the status of teachers encourages the full
exercise of this right. Participation of teachers in social and public life should
be encouraged in the interest of the education service and of the society as a
whole.
While the right to participation in policy making has been
underscored in this document, more often than not it remains unobserved. An
observation is offered by the National Resources Center (NRC) in its primer on
the Education Act of 1982.

40. 5.4.7.3 The Right to Present Complaints and Grievances
5.4.7.3.1 Security of Tenure
A civil service eligible who has had adequate professional
preparation and training shall no longer undergo a probationary period
once he is hired. However, once a non-civil service eligible who
possesses the minimum educational qualifications is taken in the service,
he shall undergo a probation period of not less than one year from the
date of his appointment.
5.4.7.3.2 Grounds for Dismissal and other Forms of
Disciplinary Action
The grounds for dismissal and other forms of disciplinary
action of public teachers are the same as those of other government
employees. Section 36 of PD 807 enumerates them thus:
1. Dishonesty

41. 2. Oppression
3. Neglect of duty
4. Misconduct
5. Disgraceful & immoral conduct
6. Notoriously undesirable
7. Discourtesy in the course of official duties
8. Inefficiency and incompetence in the performance of
official duties
9. Receiving for personal use a fee, gift or other valuable
things from any person who hopes to receive favors or
better treatment than that accorded other persons, or
committing acts punishable under anti-graft laws
10. Conviction of a crime involving moral turpitude

42. 11. Improper or unauthorized solicitation of contribution
from subordinate employees, and improper or
unauthorized solicitation by teachers or school
officials from school children
12. Violation of existing Civil Service Laws and reasonable
office regulations
13. Falsification of official documents
14. Frequent unauthorized absences from duty during
regular office hours
15. Habitual drunkenness
16. Gambling prohibited by law
17. Refusal to perform official duty or render overtime
service

43. 18. Disgraceful, immoral or dishonest conduct prior to
entering service
19. Physical or mental incapacity or disability due to
immoral or vicious habits
20. Lending money at usurious rates of interest
21. Borrowing money by superior officers from subordinates
or lending by subordinates to superior officers
22. Willful failure to pay debts or willful failure to pay taxes
due to government
23. Contracting loans of money or other property from
persons with whom the office of the employees
concerned has business relations
24. Pursuit of private business, vocation or profession
without the permission required by the Civil Service
rules and regulations

44. 25. Insubordination
26. Engaging directly and indirectly in partisan political activities
by one holding a non-political office
27. Conduct prejudicial to the best interest of the service
28. Promoting the sale of tickets in behalf of private enterprises that
are not intended for charitable or public welfare purpose, with
no prior authority
29. Nepotism

45. 5.4.7.3.3 Procedure Observed in Dismissal and Other
Forms of Disciplinary Action
There are two types of procedure in dealing with cases of
dismissal which are provided under the Civil Service Decrees:
1. The formal or non-summary procedure
2. The summary procedure
5.4.7.3.4 Safeguards in Disciplinary Procedure
The Magna Carta provides for equitable safeguards at any
stage of a disciplinary procedure to guarantee that the teacher
shall have:
1. the right to be informed, in writing, of the charges;
2. the right to have full access to the evidence in the case;

46. 3. the right to defend himself and to be defended by a
representative of his choice and/or by his organization,
adequate time being given the teacher for the
preparation of his defense;
4. the right to appeal to clearly designated authorities;
5. the right to privacy, such that no publicity shall be given
to any disciplinary action being taken against
him during the pendency of his case.
An appeal on a decision on a case of dismissal and other forms of
disciplinary action may be based on any of the following grounds as stated in
Section 39 of PD 807;
1. New evidence discovered which can materially affect the
decision rendered;
2. The decision is not supported by the evidence;

47. 3. Error of law or irregularities prejudicial to the interest of
the respondent.
An appeal. When allowable, shall be made by the party
adversely affected by the decision within 15 days from receipt of the decision.
8.Other Civil And Political Rights
Public school teachers, instructors, and professors of state
colleges and universities enjoy other civil and political rights aside from those
mentioned in the previous sections.
On top of this list is the right to academic freedom.
8.1 Academic Freedom
The Philippine Constitution guarantees academic freedom.
Institutions of higher learning shall enjoy academic freedom.

48. The guarantee relates to the freedom of the teacher or research
worker to discuss the problems of his subject and express his opinions and
conclusions without censorship or interference unless his methods are found to
be clearly incompetent or contrary to professional ethics. As an institutional
right, it respects the freedom of an institution of higher learning to determine
who may teach, and what may be taught, and who shall be admitted to study in
such institutions. Academic freedom is necessarily subject to reasonable
regulations which the State may prescribe pursuant to the educational goals set
by the Constitution.
The Supreme Court has also defined academic freedom in the
Ephecharis Garcia vs. loyola School of Theology Case (L-40779, Nov. 28,
1975).
Recognized and guaranteed by society is the right of a university
teacher to seek and express the truth as he personally sees it, both in his
academic work and in his capacity as a private citizen. Thus, academic
freedom applies to both the status of the university teacher and the status of the
institution through which he disseminates his learning.

49. Academic freedom is not only recognized in principle for the
teachers of higher education. The Inter-Government Conference on the
Status of Teachers report, to which the Philippines is a signatory, states
that:
The teacher/professor should enjoy academic freedom
in the discharge of his profession duties. Since teachers are
particularly qualified to judge the teaching aids and methods
most suitable for their pupils, they should be given the essential
role in the choice and the adaptation of teaching materials, the
selection of textbooks and the application of teaching methods within
the framework of approved programmers, and with the assistance of
educational authorities.
Finally, the Magna Carta for Public School Teachers guarantees
this right: “Teachers shall enjoy academic freedom in the discharge of
their professional duties, particularly with regard to teaching and
classroom methods.”

50. 5.4.8.2 Teachers’ Rights Under the Education Act of 1982
Under the Education Act of 1982, public school teachers enjoy the
following rights and/or privileges:
8.1. The right to free expression of opinions and suggestions and to
effective channels of communications with appropriate
academic and administrative bodies of the school or institution.
8.2. The right to be provided with free legal service by the
appropriate government office in the case of the public
school personnel and through the school authorities concerned
in the case of private school personnel, when charged in
administrative, civil and/or criminal proceedings by parties other than
the school or regulatory authorities concerned for actions
committed directly in the lawful discharge of professional duties
and/or in defense of school policies.
8.3. The right to intellectual property consistent with applicable
laws.

51. 8.4. Teachers shall be deemed persons in authority in the
discharge of lawful duties and responsibilities, and shall
therefore be accorded due respect and protection.
8.5. Teachers shall be accorded the opportunity to choose alternative
career lines either in school administration, in classroom
teaching, or in another line for purposes of career advancement.
5.4.9 Teachers’ Rights under the Bill of Rights of the
Philippine Constitution
All the rights mentioned so far in this section as well as in
previous ones can only be enjoyed by the public school teachers if their
civil and political rights are guaranteed. ILO (International Labor
Organization) Convention No. 6 states that a genuinely free and
independent trade union movement can develop only under a regime
guarantees fundamental human rights.

52. Enjoy
listening !!

53. Prepared:
Ms. Lhey E. Vinoya