Notes on the Key-Note Lecture:

Purpose of Education: Transformation and Improvement of the

human resource

Measure of transformation:

 Change in the student from the beginning to the end of the term
 Change must be positive. It is for improvement.

Engagement:

 The first day of class, students will look at you, and will ask themselves,
who is this creature who will enter our lives? You better give a good answer.
 Ask yourself, what is it that you want to be as the teacher of the students.
 When students look at a student, they see a composite of identities.
o If you do not open up to the students, they begin to see you as a
subject.
o If you open up with them, students appreciate it and it will be easier
for them to learn from you.
 Another question, who is this learner? Is he or she someone who learns
more from a friendly or a strict teacher? What is the learning style of the
student?

Rule of thumb in engaging with students:

 Love tenderly, Act justly, and walk humbly

o It is very difficult to teach someone whom you do not love.

Negative Influences of a Significant Person in the Life of a Student

 Significant persons in the life of a student influence these students

subliminally as well.
 Modelling.

Tri-lateral Relationship in Education

1. Teachers

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 2. Students
3. Parents

Teachers are in a position of influence.

 Policies shall be explained. They are there for the good of the students
themselves.

Legal Mandate:

 Special Parental Authority

o Legal Source: Family Code

o Cascading of Responsibility in School

School -> School Head -> Principal -> Teacher

 Every teacher shall merit responsible social recognition for which purpose he
shall behave with honor and dignity at all times and refrain from such
activities such as gambling, smoking, drunkenness, and other excesses, much
less illicit relation.

 A teacher shall place premium upon self-respect and self-discipline as the

principle of personal behavior in all relationships with others and in all
situations.

 A teacher shall maintain at all times a dignified personality which could serve
as model worthy of emulation by learners, peers, and others (Code of Ethics,
Article XI, Section 3)

 A teacher shall hold inviolate all confidential information concerning

associates and the school.

o Confidentiality covers only strictly confidential records:

1. Personal records
2. Academic records
3. Birth certificate
4. Adoption papers

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 5. Medical /Guidance reports
6. Disciplinary record

 Contracting Loans from Students/Parents

o With respect to the second, please be informed that the Department

considers the act of teachers contracting loans from parents of their
students, not only constitutes serious misconduct, but a violation of a
student’s right to be free from involuntary contribution. (BP 232)

 Degree of Diligence required of persons exercising Special Parental

Authority: Diligence of a good father of a family (ordinary diligence)

o Not an absolute responsibility; A teacher is not an insurer of risks that

may happen to a child under his/her supervision, instruction, or
custody.

o Parental Waiver: Mere scrap of paper

 Include clause: I have talked to my child about the guidelines

and security mechanisms put in place by the school, and it is
my understanding that the school has likewise discussed these
rules with my child. I hereby waive my right against the school
if it is found that it is my child who violated any of these
guidelines.

 Conduct expected of a teacher: A character beyond reproach.

o Teachers do not relinquish their right to the dignity of the profession

when they dismiss their classes and when they go out of the campus.
o Immorality Concerns

 Chua Cua v. Clave (g.r. 49549, Aug 30, 1990)

 Teacher Falling in love with a student is allowed under

the following conditions:

1. Parties are both of age

2. Both parties have no legal impediment to marry

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 3. Not categorically prohibited in school policy
4. No undue influence is exerted by the teacher.
5. No conflict of interest issues

 Santos, Jr. v. NLRC (350 Phil 560. 1998

 A teacher was validly dismissed on account of

immorality. A married teacher engaging in scandalous
illicit relations
 Immorality is a course of conduct which offends the
morals of the school community and serves as a bad
example for the youth whose ideals a teacher is supposed
to foster.

 Leus v. St. Scho West Grove (G.R. 187226 January 28,

2015)

 Premarital Sex, there was no impediment to marriage,

subsequently remarried.
 School then dismissed teaching personnel.
 Supreme Court held there was illegal dismissal. On the
basis of the lack of policy proscribing specifically such
conduct.
 On immorality: Pre-marital sex as being immoral on
religious grounds should be clearly defined on the policy.
Without the policy, societal standards was used by the
Supreme Court. Pre-Marital Sex was between two
consenting adults without legal impediment to be
married. During investigation, they subsequently
remarried. There was also no evidence that scandal was
caused on the school. The totality of the circumstances
show that there is no gross immoral conduct.

Teachers as Leaders

Leadership: Connotes Power to influence other people

Service: Connotes voluntariness in the performance of work, motivated by
altruism or selflessness

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Realities in, and Hazards of, being a TEACHER

Acceptance of position connotes an obligation to perform: “alter ego”

principle.

Failure to Fulfill Expected Professional Duties may result in damaging

administrative charges and/or law suits

Handling Parents and Student’s Concerns

Listening and empathy are effective tools, but maintain consistency and
firmness in making your points

When blaming and passing the buck start do not display any discomfort,
emotions, or resistance: defend yourself and the school by explaining very
calmly but firmly. (Assumption: our side is defensible)

Avoid unnecessary remarks as these are the usual reasons that irk already
irritated parents and/or students

Focus only on the “subject matter” of discussion with parents and/or

students

Be guided by school policies: Familiarize self even before a challenge to

your professional happens.

Legal Mandates

1987 Constitution; Education Act;

MRPS = holistic curricula aiming for students’ total development
MRPS (student discipline): Responsibility for both teaching personnel and
school officials
DepEd D.O. 41 (2003) Incorporates values education in school curriculum.

Generation “X”

“Spare the child. Spoil the child.”

“Punitive Parenting Strategy” punishment is the focus (emphasis is on

negative consequences of one’s actions.)
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 “Formative Parenting Strategy” Emphasis is on positive consequences of
one’s learning from mistakes.

Emerging Trends: Extent of Rights and Limitations of Special Parents

Miranda doctrine in Criminal Law is not applicable in investigations

Parents’ presence and/or Participation are not required during investigations

even if students are minors (but parents must be informed before and after
the investigation.)

Emerging Trends: Concept of Student Discipline

Etymology of discipline: Paving the right way

Teachers manage discipline not to punish but to correct unseemly behavior,

not to force, but to motivate and not to obey in rigid cadence, but to choose
to follow the right way.

Building character of the youth through transformative parenting.

Transformative Strategy: Focus is both learning outcome and punishment.

Content: What is the policy violated?

Context: Why is the policy needed?
Core: How can the policy help you be better (a responsible and
mature) person

Process the learning: Listen with empathy! Never be hostile! Do not

impose, but propose good measures

Student Handbook:

Semantics in Student Formation:

Use “intervention” instead of “sanction, penalty or punishment”

Use “Responsible for” instead of saying “guilty of”

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 Use “Unjust Enrichment” instead of “stealing”

Use “Academic or Admin Duty” instead of “community service”

Non-confiscation of prohibited items except for pornographic items,

illegal drugs, and dangerous objects

No “one-is-to-one” correspondence among offense committed;

frequency and intervention distorts due process.

Suggestion: Classify nature of offenses; Enumerate

Teachers’ Responsibilities Inside the Classroom

(Legal Matters Teachers Ought to Know)

 General Matters

 Great teachers teach children HOW to think, and not WHAT to

think.
 Teachers are not in it for the income. They are in it for the outcome.
 We are not just teachers. We are managers of the world’s greatest
resources: CHILDREN
 Be careful with your words. Once they are said, they can only be
forgiven; not forgotten.
 A great teacher takes a hand, opens the mind, and touches a heart
 To be entrusted with the teaching of young is a great gift and grace
of God.

 Legal Liabilities: Filing a case of any of the following will not preclude
the filing of a case involving the remaining other liabilities.

1. Administrative Liability
2. Civil Liability:
 When an individual or organization is financially responsible
for the wrong that they commit.
3. Criminal Liability

 Primary Liability vs. Vicarious Liability

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  Primary Liability: Person is directly liable for the violation
committed.
 Vicarious Liability: Command Responsibility

 School of Holy Spirit of Q.C. v.s. Corazon P. Taguiam (G.R. No. 165565,
July 14, 2008)

 WON Respondent was validly dismissed:

 Yes. Respondent was grossly negligent.

1. Permit was unsigned by parent. Purpose of permit

form is to ensure that the parents have allowed
their child to join the school activity
2. Respondent was responsible as class adviser to
supervise her class in all her activities sanctioned
by the school. She should have properly
coordinated with the school that proper safeguards
were put in place
3. Respondent was the only adult present.

 As a teacher who stands in loco parentis to her pupils,

respondent should have made sure that the children were
protected from all harm while in her company.
Respondent should have known that leaving the pupils in
the swimming pool area all by themselves may result in
an accident.
 Respondent should have foreseen the danger lurking in
the waters.

 Legal Mandate:

1. Article XV Sec 3(b), 1987 Philippine Constitution

 State shall defend the right of children to assistance, including

proper care and nutrition, and special protection from all forms
of neglect, abuse, cruelty, exploitation, znd other conditions
prejudicial to their development

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2. Article XIV Section 3(b)

 All educational institutions shall inculcate patriotism and

nationalism, foster love for humanity, and respect for human
rights.

3. Family Code (213, 220, 233) and P.D. 603

4. Prohibited Acts
5. Special Laws

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