4. Jurisprudence
FROM THE LATIN TERM JURIS PRUDENTIA, WHICH
MEANS "THE STUDY, KNOWLEDGE, OR SCIENCE OF LAW";
IN THE UNITED STATES, MORE BROADLY ASSOCIATED
WITH THE PHILOSOPHY OF LAW.
6. FACTS OF THE CASE
• The petitioner questions the resolutions of the
Civil Service Commission (CSC) which reversed
the findings of the CSC Merit Systems Board and
the Department of Education, Culture, and
Sports on the validity of the private respondent's
reassignment. She contends that if the CSC
resolutions are sustained, it would result in the
"triumph of discourtesy and insubordination
over that of order and efficiency in the
performance of official duty."
`
7. FACTS OF THE CASE
• On the other hand, the private respondent
contends that the declaration of excess teacher
in the Malvar Elementary School, her transfer by
the Division Superintendent of City Schools to
another school, and other acts of harassment
constitute removal not for cause but because of
personal ill-motives of the petitioner.
`
8. Evidence presented
• Rufina B. Moti was appointed "National (City)
Elementary Grades Teacher" in the Division of
City Schools, Manila on September 1, 1970. Her
status was "Regular (Permanent)
Reappointment." The position to be filled was
"Item No. 15-702, RA 4092 (Intermediate).
`
9. Evidence presented
• The controversy which led to this case arose at
the beginning of school year 1984-1985 when
the student population of Malvar Elementary
School significantly decreased. Classes in the
intermediate level were reduced from eleven to
ten resulting in an overall excess of one teacher.
There was, however, a vacancy in Grade IV in the
primary level.
`
10. Evidence presented
• Following the "Guidelines Governing Excess
Teachers", Circular No. 10, Series of 1982 of the
Division of City Schools, the 58 teachers of
Malvar Elementary School were evaluated. The
performance rating showed that Rufina B. Moti
ranked No. 55 with Rebecca Estrella, Elena
Morelos, and Rosario Alarcon ranking Nos. 56,
57, and 58 respectively.
`
11. Evidence presented
• Respondent Moti refused to accept the new
assignment and insisted on any class provided it
was in the intermediate grades. The refusal
prompted petitioner Zenaida Orcino, principal of
the school, to recommend that Ms. Moti be
reassigned to another school. The then
Superintendent Josefina Navarro assigned the
respondent first to Lakandula Elementary School
and later, to Moises Salvador Elementary School.
`
12. Evidence presented
• When length of service and relative fitness were
added to performance ratings, Rufina B. Moti
ranked last. She was, therefore, declared as
excess teacher. When efforts to find an
acceptable position in the intermediate grades
were unsuccessful, she was assigned to the
Grade IV class.
`
13. Evidence presented
• Instead of complying with the order of the
Division Superintendent, respondent Moti filed a
protest with the Ministry of Education, Culture
and Sports (MECS). The MECS sustained the
Superintendent's order and ruled that Ms. Moti's
transfer to Moises Salvador Elementary School
was justified by the facts and the law. The
respondent decided to go to the Civil Service
Commission.
`
14. Issues/Arguments
• THE HONORABLE CIVIL SERVICE COMMISSION
GRAVELY ERRED IN INTRODUCING MATTERS
BELIED (false impression)BY THE EVIDENCE ON RECORD.
`
15. • THE COMMISSION A QUO GRAVELY ERRED IN
ORDERING THAT APPROPRIATE DISCIPLINARY
ACTION' BE METED ON PETITIONER ZENAIDA
ORCINO WHO ACTED WITHIN THE SCOPE OF HER
AUTHORITY AND SUSTAINED BY HER SUPERIORS.
`
16. • THE COMMISSION A QUO REVERSIBLY ERRED IN
DEPRIVING PETITIONER ZENAIDA ORCINO THE
OPPORTUNITY TO REBUT THE CHARGES OF
PRIVATE RESPONDENT IN THE LATTER'S APPEAL
WITH THE COMMISSION.
`
17. REBUT(Refute)
• to deny the truth of something, especially by
presenting arguments that disprove it
`
18. Issues/Arguments
• THE COMMISSION A QUO ERRED IN
REINSTATING RUFINA MOTI DESPITE HER
PROVEN ACTS OF INSUBORDINATION AND
ADAMANCE CLEARLY IN
IMICAL TO THE SERVICE. (Petition, pp. 5-6)
`
19. • ad·a·mant (d-mnt, -mnt)adj.Impervious to pleas,
appeals, or reason; stubbornly unyielding. See
Synonyms at inflexible.
• n.1. A stone once believed to be impenetrable in
its hardness.
• 2. An extremely hard substance.
`
20. • in·im·i·cal (-nm-kl)adj.1. Injurious or harmful in
effect; adverse: habits inimical to good health.
• 2. Unfriendly; hostile: a cold, inimical voice.
• [Late Latin inimclis, from Latin inimcus, enemy;
see enemy.]
`
21. • n·sub·or·di·nate (ns-bôrdn-t)adj.Not submissive to
authority: has a history of insubordinate behavior.
• insub·ordi·nation n.
• Synonyms: insubordinate, rebellious, mutinous,
factious, seditious
These adjectives mean in opposition to and usually in
defiance of established authority. Insubordinate implies
failure or refusal to recognize or submit to the authority
of a superior: was fired for being insubordinate.
`
28. Legal Bases used in the case
• THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS
R.A. 4670 June18,1966
• Code of Ethics of Professional
Teachers 1994 Philippine Professionalization
`
Act
29. THE MAGNA CARTA FOR PUBLIC
SCHOOL TEACHERS
R.A. 4670
June18,1966
30. THE MAGNA CARTA FOR PUBLIC SCHOOL
TEACHERS
• Sec. 5. Tenure of Office. Stability on
employment and security of tenure
shall be assured the teachers as
provided under existing laws.
`
31. THE MAGNA CARTA FOR PUBLIC
SCHOOL TEACHERS
• Subject to the provisions of Section three hereof,
teachers appointed on a provisional status for
lack of necessary civil service eligibility shall be
extended permanent appointment for the
position he is holding after having rendered at
least ten years of continuous, efficient and
faithful service in such position.
`
32. Tenure
• A right, term, or mode of holding or occupying
something of value for a period of time.
• In feudal law, the principal mode or system by which a
person held land from a superior in exchange for the
rendition of service and loyalty to the grantor.
• The status given to an educator who has satisfactorily
completed teaching for a trial period and is, therefore,
protected against summary dismissal by the employer.
• A length of time during which an individual has a right
to occupy a public or private office.
`
33. THE MAGNA CARTA FOR PUBLIC
SCHOOL TEACHERS
• Sec. 6. Consent for Transfer Transportation
Expenses. Except for cause and as herein
otherwise provided, no teacher shall be
transferred without his consent from one station
to another.
`
34. THE MAGNA CARTA FOR PUBLIC
SCHOOL TEACHERS
• Where the exigencies of the service require the
transfer of a teacher from one station to
another, such transfer may be effected by the
school superintendent who shall previously
notify the teacher concerned of the transfer and
the reason or reasons there for.
`
35. THE MAGNA CARTA FOR PUBLIC
SCHOOL TEACHERS
• If the teacher believes there is no justification for
the transfer, he may appeal his case to the
Director of Public Schools or the Director of
Vocational Education, as the case may be.
Pending his appeal and the decision thereon, his
transfer shall be held in
abeyance: Provided, however, That no transfers
whatever shall be made three months before any
local or national election.
`
36. THE MAGNA CARTA FOR PUBLIC
SCHOOL TEACHERS
• Necessary transfer expenses of the teacher and
his family shall be paid for by the Government if
his transfer is finally approved.
`
37. THE MAGNA CARTA FOR PUBLIC
SCHOOL TEACHERS
• Necessary transfer expenses of the teacher and
his family shall be paid for by the Government if
his transfer is finally approved.
`
38. Code of Ethics of Professional
Teachers
1994 Philippine
Professionalization Act
39. 5. The Teacher and Higher Authorities in
the Philippines
• Make an honest effort to understand and
support the legitimate policies of the school
and the administration.
• Make no false accusation or charges against
superiors, especially under anonymity.
• Transact all official business through channels.
`
40. . The Teacher and Higher Authorities
in the Philippines
• Seek redress against injustice and discrimination and
raise his grievances within democratic processes.
• Invoke the Principle that appointments, promotions,
and transfer of teachers are made only on the basis of
merit and need in the interest of the service.
`
• Live up to his contractual obligation – assuming full
knowledge of the employment terms and conditions.
