Legal Bases Teaching Profession

Prepared by:
Sugador, Alhamir
Menting, Halimodin
Nooh, Muslima
Dimalilay, Almiera
Dingkot, Rohanie
Ishak, Nor-aima
Jumawan, Brithney
TEACHING PROFESSION
1st Semester 2019-2020
Prof. Ombra Imam

LEGAL BASES OF THE
TEACHING PROFESSION
Article VIX of the 1987 Republic
of the Philippines Constitution
Republic Act
4670
Republic Act
7836 and R.A
9293
Batas
Pambansa
232
Republic Act
10533
The Code of Ethics for
Professional Teachers
Sugador, A. Menting, H. Nooh, M. Dimalilay, A.
Dingkot, R. Ishak, N. Jumawan, B.

LEGAL BASES OF THE
TEACHING PROFESSION
 Article VIX of the 1987 Republic of the Philippines
Constitution
 Batas Pambansa 232
 Republic Act 7836 and R.A 9293
 Republic Act 10533
 Republic Act 4670
 The Code of Ethics for Professional Teachers

Article XIV of the 1987 Republic of
the Philippines Constitution
 Section 1. A commitment to build a nation with
functionally literate, educated, and productive
citizens.
 Section 2. It elucidates the function of the state to
develop an education system that focuses on formal
education, non-formal education, alternative
learning system, and indigenous learning system.

 Section 3 of provides a framework for enduring
values, knowledge, and skill that need to be
emphasized in all the content of the curriculum.
 Section 4 Provides guidelines in the
establishment and management of educational
institutions in the country.
 Section 5 It enshrines the spirit of academic
freedom for tertiary education, the right of
citizens to chose their professional
advancement, and putting highest budgetary
support to education.

 Section 6 to Section 9 focuses on the development
and promotion of Filipino as the national language
and as medium of instruction. These section also
recognize the importance of other local and foreign
languages.
 Section 10 to Section 13 focuses on the importance
and promotion of science and technology in the
Philippines.
 Section 14 to Section 18 discuss the development
and promotion of Filipino culture that includes
various cultural practices, traditions, beliefs, and
indigenous knowledge of the different cultural
groups and religion in the country.

 Section 19 provides the framework for promoting and
developing sports programs for the wellbeing of the
Filipino people.
Batas Pambansa 232
 Batas Pambansa 232, known as the
Education Act of 1982. It was signed into law
by President Ferdinand E. Marcos. Section
10,11,and 16 of this law are helpful
understanding the rights and duties of
teachers.

 Section 10. Rights of all School Personnel. In
addition to other rights provided for by law, all
school personnel shall enjoy the following rights:
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 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 action
committed directly in the lawful discharge of
professional duties and/or in defense of school policies.
3. The right to establish, join and maintain labor
organizations and/or professional and self-
regulating organizations of their choice to
promote their welfare and defend their interest.
4.The right to be free from involuntary
contribution except those imposed by their own
organization.

 Section 11. Special Rights and/or privileges of
teaching or Academic Staff. Every member of
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 contract, unless
compensated therefore, conformably existing law.
2. The right to intellectual property with applicable
laws.
3. Teachers shall be deemed person 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 line either in school
administration, in classroom teaching, or others, for
purposes of career advancement.
Section 16. Teachers Obligation. Every
teacher shall:
1. Performing his duties to the school by discharging
his responsibilities in accordance with the
philosophy, goals, and objective 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
students and to the latter and the latter’s parents and
guardians with specific suggestion for improvement.
4. Assume the responsibility to maintain and sustain his
professional growth and advancement and maintain
professionalism in his behavior 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.

Republic Act 7836
 President Ferdinand E. Marcos
Issued Presidential Decree 1006 on
September 22, 1976 that formally
organized the National Board for
Teachers.
All teachers then have to take the
Professional Board Exam for teachers
otherwise known as PBET.

On December 16, 1994, through the
enacted of Republic Act 7836, a law
entitled An act to Strengthen the
Regulation and supervision of the
Practice of Teaching in the Philippines
and Prescribing a Licensure
Examination for Other Purposes
otherwise known as Philippine
Teachers Professionalization Act of
1994.

Republic Act 7836
 Includes the supervision and regulation of the
Licensure Examination for Teachers (LET)
 It covers all teachers in all levels of education
from preschool to secondary.
 Article I provides the statement of policy,
objectives, and definition of important term used
in the law.
 Article II discusses the composition and
functions of the board for professional teachers.
It also includes necessary qualification of the
members of the board.

 Article III explains the examination and
registration rules and procedures. It
provides information on the following
areas:
1. Scope of Examination
2. Qualification Requirements of Application
3. Report of the Results of the Examination
4. Issuance of Certificate of Registration
and Professional License

5. Oath Before Practice
6. Periodic Merit Examination of Teacher
7. Failure to Pass the Merit Examination
8. Incentives for Passing the LET
9. Integration of the Teaching Profession
10. Revocation of the Certificate of
Registration, Suspension from the Practice of
the Teaching Profession, an Cancellation of
Temporary or Special permit.
11. Registration Procedures

Republic Act 9293
This law is amendment of the certain section
or RA 7836 otherwise known as the
“Philippine Teachers Professionalization Act of
1994.” The congress enacted this amendment
on April 21, 2004.
The following amendments done:
1. Section 15,(e) (3) of republic Act of 7836
2. SEC 2. Section 26 of the same Acts
3. SEC 3. Section 31 of the same Acts
4. SEC 4. Reference to the term

 Section 15. Qualification Requirements of
Applicants.

 Section 2. Section 26 of the same Act is
hereby amended to read as follows:
 Section 26. Registration and Exception.
 No person shall engage in teaching and/ or
act as a Professional teacher as defined in
this Act.
 Upon approval of the application and
payments of the prescribed fees, the
certificate of registration and professional
license as a professional teacher shall be
issued without examination as required in
this Act qualified applicant, who is

Republic Act 10533

The Department of Education and all private
schools may hire:
 Graduates of Science, Mathematics, Statistics,
Engineering, Music and other degree courses with
shortages in qualified Licensure Examination for
teacher (LET) applicants to teach in their specialized
subject in the elementary and secondary education.
Qualified LET applicants shall also include graduates
admitted by foundation duly recognized for their
expertise in the education sector and who satisfactorily
complete the requirements set by these organization:

That if such graduates are willing to teach on
part time basis, the provisions of LET shall no
longer be required;
Graduates of technical-vocational courses to
teach in their specialized subject in the
secondary education.
Faculty of HEIs be allowed to teach in their
general education or subject specialties in
the secondary education.

The DEPED and private education
institutions my hire practitioners, with
expertise in the specialized learning areas
offered by the Basic Education Curriculum,
to teach in the secondary level.

The Magna Carta for Public
School Teachers
 President Ferdinand E. Marcos signed
Republic Act 4670 during the first part of his
term as the President of the Philippines. This
law is very important in the history of the
teaching profession in the Philippines. As
stipulated in Section 1 of this law, this Act
aims:

Special provisions in this Act
include the following:
 SECTION 5 TENURE OF OFFICE
Stability on employment and security of
tenure shall be assured the teachers as
provided under existing laws.

 SECTION 6 CONSENT FOR TRANFER
TRANSPORTATION EXPENSES
Except for causes and as herein otherwise
provided, no teacher shall be transferred without
his consent from one station to another. Where the
exigencies of the service require the transfer of a
teacher from one station to another, the school
superintendent who shall previously notify the
teacher concerned of the transfer and the reason
therefore may affect such transfer.

 SECTION 7 CODE OF PROFESSIONAL
CONDUCT FOR TEACHERS
Within six months from the approval of this Act,
the Secretary of Education shall formulate and
prepare a Code of Professional Conduct for Public
School Teachers.
 SECTION 8 SAFEGUARDS IN DISCIPLINARY
PROCEDURE
Every teachers shall enjoy equitable safeguards
at each stage of any disciplinary procedure and shall
have:

a. The right to be informed, in writing, of the
charges
b. The right to full access to the evidence in the
case
c. The right to defend himself and to be defended
by representative of his choice and/or by his
organization, adequate time being given to the
teacher for the preparation of his defense
d. The right to appeal to clearly designated
authorities.
No publicity shall be given to any disciplinary
action being taken against a teacher during
pendency of his case.

 SECTION 9 ADMINISTRATIVE CHARGES
Administrative Charges against a teacher shall
be heard initially by a committee composed of the
corresponding school Superintendent of the Division
or a duly authorized representative who should at
least have the rank of the division supervisor, where
the teacher belongs, as chairman, a representative of
the local or, in its absence, any existing provincial or
national teacher’s organization and a Supervisor of
the Division, the last two to be designated by the
Director of Public Schools.

 SECTION 10 NO DISCRIMINATION
There shall be no discrimination whatsoever
in entrance to the teaching profession, on during
its exercise, or in the termination of services,
based on other than professional consideration.
 SECTION 11 MARRIED TEACHERS
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.

 SECTION 12 ACADEMIC FREEDOM
Teachers shall enjoy academic freedom in the
discharge of their professional duties, particularly with
regard to teaching and classroom methods.
 SECTION 13 TEACHING HOURS
Any teacher engaged in actual classroom
instruction shall not be required to render more than
six hours of actual classroom teaching a day, which
shall be so scheduled as to give him time for the
preparation and correction of exercises and other
work incidental to his normal teaching students.

 SECTION 14 ADDITIONAL
COMPENSATION
Notwithstanding any provision of existing
law to the contrary, co-curricula and out of
school activities and other activities outside of
what is defined as normal duties of any
teacher shall be paid an additional
compensation of at least twenty-five percent of
his regular remuneration after the teacher has
completed at least six hours of actual
classroom teaching a day.

 SECTION 15 up to SECTION 19
discuss the criteria for salaries and other
benefits or allowances for teachers.
These allowances include Cost of Living
Allowance or COLA to help teachers
augment their income to cope with the
increasing cost of living, and a Special
Hardship Allowances for teachers
assigned in areas in which teachers are
exposed to hardship such as difficulty in
commuting to the place of work or other
hazards peculiar to the place of
employment.

 In SECTION 22 of this act, a compulsory
annual medical examination is required and it
shall be provided free of charge for all
teachers before they take up teaching, and
once a year during the teacher’s professional
life. An important provision was also
stipulated in Section 23 whereby all teachers
are protected against the consequences of
employment injuries that includes the effects
of the physical and nervous strain on the
teacher’s health.

 R.A 4670 always provides opportunities
for teachers to avail and enjoy study
leave for those who wish to pursue
graduate studies and special training in
the country or abroad [ Section 24] .
 The law also provides indefinite leave for
teachers who maybe required to take
long treatment for some serious illness
[section 25].

 The law also stipulate that all public school
teachers having fulfilled the age and service
requirements of the applicable retirement
laws shall be given one rage salary raise
upon retirement, which shall be the basis of
the computation of the lamp sum of the
retirement pay and the monthly benefits
thereafter [ section 26].
 As professionals, teachers are either to form
an organization or to join any local, national,
or international organizations [section 27].

 Section 28 protects public school teachers
from any form of discrimination such as the
following:
a. Make the employment of a teacher subject
to the condition that he or she shall not join
an organization, or shall relinquish
membership in an organization;

b. Cause the dismissal or otherwise prejudice
a teacher by reason of his membership in an
organization or because of participation in
organization activities outside school hours, or
with consent of the proper school authorities,
within school hours; and
c. Prevent him or her from carrying out the
duties laid upon him or her by his or her
position in the organization, or to penalize him
or her for an action undertaken in the capacity.

The Code of Ethics for Professional
Teachers

Article I: Scope and
Limitation
 Section 1. The Philippine constitution provides that all
educational institution shall offer quality education for
all competent teacher. Committed to its full realization,
the provision of this code shall apply, therefore, to all
teachers in schools in the Philippines.
 Section 2. The code covers all public and private
school teachers in all educational institutions at the
preschool, primary, elementary and secondary levels
whether academic, vocational special, technical or non
formal.

Article II: The Teacher and the State
 Section 1. The schools are the nurseries of the
future citizen of the state, each teacher is a
trustee of the cultural and educational heritage
of the nation and is under obligation to transmit
to learners such heritage as well as to elevate
national morality, promote national pride,
cultivate love of country, instill allegiance to the
constitution and for all duly constituted
authorities and promote obedience to laws of the
state.

 Section 2. Every teacher or school official
shall actively help carry out the declared
policies of the state, and shall take an oath
the this effect.
 Section 3. In the interest of the state an off
the Filipino people as much as of his own,
every teacher shall be physically, mentally
and morality fit.
 Section 4. Every teacher shall possess and
actualize a full commitment and devotion to
duty.

 Section 5. A teacher shall not engage in the
promotion of any political, religious, or other
partisan interest, and shall not directly or
indirectly solicit, require, collect, or receive
any money or service or other valuable
material from any person or entity for such
purposes.
 Section 6. Every teacher shall vote and shall
exercise all other constitutional rights and
responsibility.

 Section 7. A teacher shall not use his
position or official authority or influence to
coerce any other person to follow any political
course of action.
 Section 8. Every teacher shall enjoy
academic freedom and shall have privilege of
expounding the product of his researches
and investigation provide that, if the results
are inimical to the declared policies of the
state, they shall be brought to the proper
authorities for appropriate remedial action.

Article III: The Teacher and
the Community
 Section 1. A teacher is a facilitator of learning
and of the development of the youth he shall,
therefore, render the best service by providing an
environment conducive to such learning and
growth.
 Section 2. Every teacher shall provide leadership
and initiative to actively participate in community
movements for moral, social, educational,
economic, and civic betterment.

 Section 3. Every teacher shall merit reasonable
social recognition for which purpose he shall
behave with honor and dignity at all times and
refrain from such activities as gambling,
smoking, drunkenness, and other excesses,
much less illicit relation.
 Section 4. Every teacher shall live for and with
the community and shall, therefore, study and
understand local customs and traditions in order
to have sympathetic attitude, therefore, refrain
from disparaging the community.

 Section 5. Every teacher shall help the school
keep the people in the community informed
about the school's work and accomplishments
as well as its needs and problems.
 Section 6. Every teacher is intellectual leader in
the community, especially in the barangay, and
shall welcome the opportunity to provide such
leadership when needed, to extend counseling
services, as appropriate, and to actively be
involved and matters affecting the welfare of the
people.

 Section 7. Every teacher shall maintain
harmonious and pleasant personal and official
relations with other professional, with
government officials, and with other people,
individually or collectively.
 Section 8. A teacher posses freedom to
attend church and worships as appropriate,
but shall not use his position and influence to
proselyte others.

Article IV: A Teacher and the
Profession
 Section 1. Every teacher shall actively insure
that teaching is the noblest profession, and shall
manifest genuine enthusiasm and pride in
teaching as a noble calling.
 Section 2. Every teacher shall uphold the highest
possible standards of quality education, shall
make the best preparation for the career of
teaching, and shall be at his best at all times and
in the practice of his profession.

 Section 3. Every teacher shall participate in
the Continuing Professional Education
(CPE) program of the professional
regulation commission, and shall pursue
such other studies as will improve his
efficiency, enhance the prestige of the
profession, and strengthen his competence,
virtues, and productivity in order be
nationally and internationally competitive.

 Section 4. Every teacher shall help, if duly
authorized, to seek support from the school
but shall not make improper
misrepresentations through personal
advertisement and other questionable
means.
 Section 5. Every teacher shall use the
teaching profession in a manner that makes
it dignified means for earning descent living.

Article V: The Teachers and
the Profession
 Section 1. Teacher shall, at all times, be
imbued with the spirit of professional loyalty,
mutual confidence, and faith in one another,
self - sacrifice for the common good, and full
cooperation with colleagues.
 Section 2. A teacher is not entitled to claim
credit or work not of his own , and shall give
due credit for the work of others which he
may use.

 Section 3. Before living his position, a
teacher shall organize for whoever assumes
the position such records and other data as
are necessary to carry on the work.
 Section 4. A teacher shall hold inviolate all
confidential information concerning
associates and the school, and shall not
divulge to anyone documents that has not
been officially released, or remove records
from files without permission.

 Section 5. It shall be the responsibility of every
teacher to seek correctives for what may appear to
be an unprofessional and unethical conduct of any
associate.
 Section 6. A teacher may submit to the proper
authority any justifiable criticism against an
associate, preferably in writing, without violating the
right individual concerned.

 Section 7.A teacher may apply for a vacant position
for which he is qualified; provided that he respects
the system of selection on the basis of merit and
competence; provided, further, that all qualified
candidates are given the opportunity to be
considered.
Article VI: The Teacher and Higher Authority
in the Profession
 Section 1. Every teacher shall make it his duty to make
an honest effort to understand and support the
legitimate policies of the school and the administration
regardless of personal feeling or private opinion and
shall faithfully carry them out.
 Section 2. A teacher shall not make any false
accusations or charges against superiors, especially
under anonymity.

 Section 3. A teacher shall transact all official
business through channels except when special
conditions warrant a different procedure, such as
when special conditions are advocated but are
opposed by immediate superiors in which case, the
teacher shall appeal directly to the appropriate
higher authority.
 Section 4. Every teacher, individually or as part of a
group, has a right to seek redress against injustice
to the administration and to extend possible, shall
raise grievances with acceptable democratic
possesses.

 Section 5. Every teacher has a right to
invoke the principle that appointments,
promotions, and transfers of teachers are
made only on the basis of merit and needed
in the interest of deservice.
 Section 6. A teacher who accepts a position
assumes a contractual obligation to live up to
his contract, assuming full knowledge of
employment terms and conditions.

Article VII: School Officials, Teachers and
other Personnel
 Section 1. All school officials shall at all times show
professional courtesy, helpfulness and sympathy
towards teachers and other personnel, such practices
being standards of effective schools supervision
dignify administration, responsible leadership and
enlightened directions.
 Section 2. School officials, teachers, and other school
personnel shall consider it their cooperative
responsibility to formulate policies to introduce
important changes in the system at all levels.

 Section 3. School officials, shall encourage and
attend the professional growth of all teachers
under them such as recommending them for
promotion, giving them due recognition for
meritorious performance, and allowing them to
participate in conferences in training programs.
 Section 4. No school officials shall dismiss or
recommend for dismissal a teacher or other
subordinates except for cause.

 Section 5. School authorities concern
shall ensure that public school teachers
are employed in accordance with
pertinent civil service rules, and private
school teachers are issued contracts
specifying the terms and conditions of
their works; provided that they are given,
if qualified, subsequent permanent
tenure, in accordance with existing laws.

Article VIII: The Teacher and
Learners
 Section 1. A teacher has a right and duty
to determine the academic marks and the
promotions of learners in the subject or
grades he handles, provided that such
determination shall be in accordance with
generally accepted producers of
evaluation and measurement.

 Section 2. A teacher shall recognize that
the interest and welfare of learners are of
first and foremost concern, and shall deal
justifiably and impartially with each of
them.
 Section 3. Under no circumstance shall a
teacher be prejudiced or discriminate
against a learner

 Section 4. A teacher shall not accept favor
or gifts from learners, their parents or
others in their behalf in exchange for
requested concessions, especially if
undeserved.
 Section 5. A teacher shall not accept,
directly or indirectly, any remuneration from
tutorials other what authorized for such
service.

 Section 6. A teacher shall base the
evaluation of the learner's work only in merit
and quality of academic performance.
 Section 7. In a situation where mutual
attraction and subsequent love develop
between teacher and learner, the teacher
shall exercise utmost professional discretion
to avoid scandal, gossip and preferential
treatment of the learner.

 Section 8. A teacher shall not inflict corporal
punishment on offending learners nor make
deductions from their Scholastic ratings as a
punishment for acts, which are clearly not
manifestation of poor scholarship.
 Section 9. A teacher shall insure that
conditions contribute to the maximum
development of learners are adequate, and
shall extend needed assistance in preventing
or solving learner's problems and difficulties.

Article IX: The Teachers and
Parents
 Section 1. Every teacher shall establish and
maintain cordial relations with parents, and shall
conduct himself to merit their confidence and
respect.
 Section 2. Every teacher shall inform parents,
through proper authorities, of the progress and
deficiencies of learner under him, exercising utmost
candor and tact in pointing out the learner's
deficiencies in seeking parental cooperation for the

proper guidance and improvement of the
learners.
 Section 3. A teacher shall here parents
complaints with sympathy and
understanding, and shall discourage unfair
criticism.

Article X: The Teacher and
Business
 Section 1. A teacher has the right to engage,
directly or indirectly, in legitimate income
generation; provided that it does not relate to or
adversely affect his work as a teacher.
 Section 2. A teacher shall maintain a good
reputation with respect to the financial matters such
as in the settlement of his debts and loans in
arranging satisfactorily his private financial affair.

 Section 3. No teacher shall act, directly or
indirectly as agent of, or be financially interested
in, any commercial ventures which furnish
textbooks and other school commodities in the
purchase and disposal of which he can exercise
official influence, except only when his
assignments is inherently, related to such
purchase and disposal; provided they shall be in
accordance with existing regulations; provided,
further, that members of duly recognized teachers
cooperatives may participate in the distribution
and sale of such commodities.

Article XI: The Teacher as a
Person
 Section 1. A teacher is, above all, a human being
endowed with life for which it is the highest
obligation to live with dignity at all times whether
in school, in the home, or elsewhere.
 Section 2. A teacher shall place premium upon
self-discipline as the primary principle of
personal behavior in all relationship with others
and in all situations.

 Section 3. A teacher shall maintain at all times
a dignified personality, which could serve as a
model worthy of emulation by learners, peers
and all others.
 Section 4. A teacher shall always recognize
the almighty god as guide of his own destiny
and of the destinies of men and nations.

Article XII: Disciplinary
Actions
 Section 1. Any violation of any provision of this code
shall be sufficient ground for the imposition against
the erring teacher of the disciplinary action
consisting of revocation of his Certification of
Registration and License as a professional Teacher,
suspension from the practice of teaching
profession, or reprimand or cancellation if his
temporary/special permit under causes specified in
section 23, Article III or R.A No. 7836, and under
rule 31, Article VIII, of the rules and regulations
implementing R.A 7836.

Article XIII: Effectivity
 Section 1. this Code shall take effect
upon approval by the Professional
Regulation Commission and after 60
days following its publication in the
official Gazette or any newspaper of
general circulation, whichever is earlier.

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