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Rights and
Privileges of
Parents,
Teachers,
Personnel and
School Officials
SARAH CATRINA D. PORTES
Learning Outcomes
• Give the provisions of pertinent laws on
rights and privileges
• Discuss the challenges involving the
rights and privileges of parents,
teachers, personnel and school officials
Let’s Define!
Let’s Define!
Rights
and
Privileges
of Parents
2019 DepEd Guidelines Governing
Parents-Teachers Associations (PTAs)
I. General Policy
• 1) Every elementary and secondary school SHALL organize a
Parents-Teachers Association (PTA) for the purpose of
providing a forum for the discussion of issues and their
solutions related to the total school program and to ensure the
full cooperation of parents in the efficient implementation of
such program.
• Every PTA shall provide mechanisms to ensure proper
coordination with the members of the community, provide an
avenue for discussing relevant concerns and provide
assistance and support to the school for the promotion of their
common interest. Standing, committees may be created
within the PTA organization to coordinate with community
members. Regular fora may be conducted with local
government units, civic organizations and other stakeholders
to foster unity and cooperation.
I. General Policy
• 2) As an organization operating in the
school, the PTA shall adhere to all existing
policies and implementing guidelines
issued or hereinafter may be issued by the
Department of Education.
• The PTA shall serve as support group and
as a significant partner of the school
whose relationship shall be defined by
cooperative and open dialogue to
PROMOTE THE WELFARE OF THE
STUDENTS.
V. Recognition and
Monitoring of PTAs
1) There shall be only one PTA that will operate in a school
which shall be recognized by the School Head upon formal
notification in writing by the elected Board of Directors. The
recognition shall be valid for one year from the date of
election.
2) Together with the formal notification in writing, the
elected Board of Directors shall submit Oaths of Office of
the Board of Directors and Officers including a list of
directors and officers.
VI. Privileges of
Recognized PTAs
1) A PTA is authorized to collect voluntary
contributions from parents/guardian-
members once it has been duly recognized
and given a Certificate of Recognition by the
School Head Such collections, however,
shall be subject to pertinent issuances of the
DepED and/or existing pertinent ordinances
of the local government unit concerned, if
any.
VI. Privileges of
Recognized PTAs
2) In addition, a duly recognized PTA shall have the following privileges:
a. The use of any available space within the school premises as its office or
headquarters, provided, that costs pertinent to electricity, water and other
utilities shall be for the account of the PTA; provided however, that should the
school need such space, the PTA shall so vacate the space immediately. The
maintenance and improvement of the office shall be in accordance with the
School Improvement Plan;
The DepED may allow the PTA to construct a building or structure within the
school premises for its office, provided however, that the PTA shall donate such
building or structure and other permanent fixtures to the school. Any
improvement made on such building, structure or fixture that cannot be
removed from such building or structure without causing damage thereto shall
be deemed the property of the school. A written agreement shall be executed
before the improvement or construction. A Deed of Donation shall also be
executed by and between the PTA and the school immediately after the
completion of the improvement or construction;
VI. Privileges of
Recognized PTAs
b. Representation in the School Governing
Council;
c. Authorization to undertake fund-raising activities
to support the school’s academic and co-curricular
programs, projects and activities subject to
pertinent DepED guidelines;
d. Participation in the school’s inspection and
acceptance committee and as an observer in the
school’s procurement activities subject to the
provisions of R.A. No. 9184; and
e. Collaboration in relevant school activities.
"Education Act of
1982.”
Sec. 8. Rights of Parents. — In addition to other rights
under existing laws, all parents who have children enrolled
in a school have the following rights:
1. The right to organize by themselves and/or with teachers
for the purpose of providing a forum for the discussion of
matters relating to the total school program, and for
ensuring the full cooperation of parents and teachers in the
formulation and efficient implementation of such programs.
2. The right to access to any official record directly relating
to the children who are under their parental responsibility.
Challenges
1. Lack of Information
2. Miscommunication
3. Lack of Budget
4. Lack of Community Involvement
Rights
and Privileges
of Teacher,
Personnel &
School
Officials
“Teaching Personnel in the Public Schools
As Civil Service Employees, the public
school teachers, supervisors, and
administrators are enjoying special
privileges. All privileges of the teaching
personnel are prescribed by law”.
1. Persons in Authority
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 )
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.”
Challenges
• Not all teachers
are aware of this
privilege.
• Due to lack of
teacher, this right
some teachers
cannot avail this
right
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Maternity Leave
Commonwealth Act No. 647, as amended by Rep.
Acts No. 270 and 1564, provides maternity leave
to regular and temporary female who are married.
• Regular teachers with two and a half or more
years of service are entitled to 60 days of
maternity leave with full pay, while those with
less than two and a half years of service are
entitled to 60 days, with half pay.
• Temporary teachers with at least two years of
service are entitled to 60 days of maternity leave
with half pay.
NEW Maternity Leave
Outside Teaching
• Ed. Department Order No. 9,s 1959
enclosed to B.P.S. Circular No. 4, s. 1960
and General letter No. 112, dated July
11,1960 , allows public school teachers,
elementary, or high school to teach in
private evening schools in not more than
12 hours a week in addition to their regular
loads in their own schools.
Retirement Benefits
• 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.
Retirement Benefits
• 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.
Vacation and Sick Leave
• (Revised Administrative Code Sec.275, as
amended by Commonwealth Act No. 220
and RA No. 218)
• Vacation and sick leave are cumulative
and any part which may not be taken
within the school calendar year may be
carried over to the succeeding year.
• A sick teacher who has used his accrued
leave privileges is entitled to go sick leave
without pay.
Compulsory Insurance
• (Commonwealth Act No. 186, as amended
by Rep. Act Nos. 660 and 1616)
• Provides for life and retirement insurance.
• Membership in the GSIS is compulsory
upon all teachers, except those who are
substitute, upon all regularly and
permanently appointed school employees.
• Private teachers and other school
personnel is under the SSS privileges or
what their school provided to them
Challenges
• Long process
availing this
privilege
• Screen Shot 2020-07-
08 at 5.46.16 PM
Vacation Pay
• All teachers, except those who are on
vacation and sick leave basis are on the
teacher’s leave basis. They are all entitled
to pay during the Christmas and long
vacations.
• Temporary teachers who have served at
least six months are also entitled to
vacation pay. Teacher’s vacation pay may
be commuted or paid in advance.
Service Credits
• A teacher on the teacher’s leave basis is
given service credit when he is asked to
work during the vacation period.
• This service credit may be used to offset
past and future absences due to illness or
other reasonable causes.
Salary Loan
• Public school teachers are allowed to
borrow money from the Government
Insurance System, an amount not to
exceed his monthly salary.
Free Medical
Consultation
They are given free medical consultation by
the school physician.
Challenges
• Teachers still pay
their own medical
consultation.
• Screen Shot 2020-07-
08 at 5.46.16 PM
Compensation for
injuries
• Teachers are protected against the
consequences of employment injuries.
The effects of the physical and nervous
strain in the teacher’s health shall
recognized as a compensable
occupational disease in accordance with
the existing laws.
• The public school teachers are required to
have annual physical check-up.
Cost of Living and special
Hardship Allowance
• The teachers salaries shall keep pace with
the rise in the cost of living by the payment
of a cost-of-living allowance which shall
automatically changes in a cost-of –living
index.
• Special hardship allowance are to be
enjoyed by public school teachers in areas
who are exposed to hardship /hazards.
Enjoy Academic
Freedom
• (Sec 5, Article XIV of the Phil. Constitution
and by Rep. Act No. 4670 which is known
the Magna Carta for Public School
Teachers)
• The right of the teacher to an atmosphere
of academic freedom in the discharge of
his professional duties
• Teachers are therefore free to use any
method of teaching they think best for the
pupils.
Joining Teachers’
Organization
Public school teachers shall have the right
and without previous authorization freely to
establish or to join organizations.
Working Hours for
Teachers
• Teachers engaged in actual classroom
teaching are required to render not more
than six hours of actual classroom
teaching a day.
• They may be required to render more than
six hours but not exceeding eight hours of
actual classroom teaching a day upon
payment of additional compensation.
Challenges
• Due to lack of
teacher, this right
some teachers
cannot avail this
right they still teach
8hrs per day
• Screen Shot 2020-07-
08 at 5.46.16 PM
Tenure of Office
• Regular or Permanent Public School
teachers and officials are granted stability
of employment and security of tenure.
• Teachers appointed on a provisional status
or temporary who rendered ten years of
continuous, efficient, and faithful service
as of June 18, 1966, and all teachers who
have rendered ten years, of extended
permanent appointment.
PRIVILEGES OF TEACHERS
IN PRIVATE SCHOOLS
• Teachers in private schools, like the public
school teachers, enjoy some privileges
besides their tenure of office.
• Social Security System provided its
members the following benefits: death,
disability, sickness, and retirement benefits
Other privileges
1. MaternityLeave(R.A.679)
• provides maternity leave to married female
teachers in private schools.
2. Study Leave
• Some private schools, colleges, and
universities also grant study leave to their
deserving faculty and staff members in the
form of scholarship, visiting other schools
in foreign countries, or exchange with
teachers from foreign schools or
universities.
3. Vacation Pay
• In some private schools or universities, teachers
are given bonuses for extra work done during
summer vacation.
4. Hospital Privileges
• Besides the provision in the Social security
• concerning sickness benefits, teachers in some
private schools, colleges and universities enjoy
hospital privileges by becoming members of the
hospitalization plan
Other Law
• 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.
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 merely meets the standards. It also provides
that of all the school personnel shall first be
in accordance with the entrance salary rates
this Act. After the adjustments in salary
provided, increases for regular personnel automatically
effected until the maximum attained. (Approved, May 1,
1953)
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.
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.
Executive Orders
• Executive Order No. 500 – Establishing a New System of Career
Progression for Public School Teachers .
• Issued March 21, 1978. (
• - 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 full text)
• 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.
• 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
• The salaries given to teachers should be fitting
recognition of the enormous responsibility they have to
• the society that they serve.
• Compare favorably with salaries paid on other
occupations requiring similar or equivalent
• qualifications.
• 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.
• Take account of the fact that certain posts require higher
qualifications and experience and carry greater
• responsibilities.
Some Recent Laws and
Issuances Governing Teachers’
Salaries
• Executive Order No. 153 was issued by President C. 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. for
• Republic Act No. 6642, otherwise known as General Appropriaions
Act for 1988, granted another 10% increase
• all government teachers, effective January 1, 1988. Its implementing
rules and regulations are provided in National Compensation
Circular (NCC) No. 51.
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.
• 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
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.
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.”
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.”
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.
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.
The DepEd Bureau of Human Resource and
Organizational Development (DepEd-BHROD) has listed
the following benefits that public school teachers are
expected to receive
OTHER BENEFITS AND
INCENTIVES:
• One step increment for every three (3) years of
continuous satisfactory performance
• One of two step increments due to meritorious
performance using the Results-based Performance
Management System (RPMS)
• Loyalty Cash Incentive depending on the number of
years in service (starting on the 10th year amounting to
P10,000 and P5,000 after every 5 years)
• Special Hardship Allowance to teachers assigned in
hardship posts (cannot be reached by regular means of
transportation through hiking or banca/motorcycle rides),
mobile teachers and multigrade teachers (15-25% of
basic salary)
OTHER BENEFITS AND
INCENTIVES:
• Honoraria for teaching overload subject to funds
availability
• Leave privileges (Maternity, paternity, study leave)
• Additional incentive/allowances from LGU (selected
divisions)
• Vacation service credits (maximum of 15 days per year)
• For mobile teachers, P2,000 per month for transportation
allowance (Program Support Fund)
• For mobile teachers and DALCs, P5,000 per year for
instructional materials
• In-service training (Program Support Fund)
SOCIAL SECURITY
BENEFITS:
• GSIS Benefits: Retirement and Life
Insurance Premiums (RLIP)
• PhilHealth Benefits: Hospitalization,
Annual Physical Exam
• Employees Compensation Program (ECP)
Benefits
SECTION 4. Tenure of Office.
In order to secure for teachers stability of
employment and security of tenure, the teachers
shall not be dismissed except for dishonesty,
oppressions, misconduct, neglect of duty,
conviction of a crime involving moral turpitude,
notoriously disgraceful or immoral conduct,
improper or unauthorized solicitation of
contributions from subordinate employees or from
students or any violation of the rules and
regulations issued by the Department of Education
and by Commission on Higher Education, as the
case maybe.
SECTION 5. Safeguards in
Disciplinary Procedure.
- In connection with the right granted to teachers in the
immediately preceding section, every teacher shall enjoy
equitable procedural safeguards at each stage of any
disciplinary procedure and shall have: a) the right to be
informed, in writing of the charges against him; b) the right
to full access to the evidence in the case: c) the right to
defend himself and to be defended by a representative of
his choice or by his organization, adequate time being
given to the teacher for the preparation of his defense: and
d) the right to appeal to clearly designated authorities. No
publicity shall be given to any disciplinary action being
taken against a teacher during the pendency of his case.
SECTION 6. No Discrimination.
• -There shall be no discrimination
whatsoever in the employment of teachers
or the grant of assignments, promotion
and privileges during their incumbency or
in the termination of their services, based
on considerations other than professional
qualifications.
SECTION 7. Academic
Freedom
• Teachers shall enjoy academic freedom in
the discharge of their professional duties
particularly with regard to teaching,
research and classroom methods.
SECTION 8. Medical
Examination and Treatment
Compulsory medical examination shall be
provided free of charges for all teachers
before their employment and once a year
thereafter. Where medical examination
shows that medical treatment or
hospitalization is necessary, the same shall
be provided free by the private school
paying the salary of the teacher.
SECTION 9. Compensation for
lnjuries.
- Teachers shall be protected against the
consequences of employment injuries in
accordance with existing laws. The effects of
the physical and nervous strain on the
teacher’s health shall be recognized as a
compensable occupational disease in
accordance with existing laws.
SECTION 10. Study Leave.
- In addition to the leave privileges now
enjoyed by teachers in the private schools,
they shall be entitled to study leave not
exceeding one school year after ten years of
service. During the period of such leave the
teachers shall be entitled to at least sixty
percent of their monthly salary.
SECTION 11. Indefinite Leave.
• - An indefinite sick leave of absence shall
be granted to teachers when the tenure of
the illness demands a long treatment that
will exceed one year at the least.
SECTION 12. Freedom to
Organize.
- Private school teachers shall have the
right, freely and without previous
authorization, to establish and to join
organizations of their choosing, whether
local or national, to further and defend their
interests.
SECTION 13. Discrimination
Against Teachers Prohibited.
The rights established in the immediately preceding section
shall be exercised without any interference or coercion. It
shall be unlawful for any person to commit any acts of
discrimination against teachers which are calculated to (a)
make the employment of the teacher subject to the
condition that he shall not join an organization, or shall
relinquish membership in an organization, (b) to cause the
dismissal of, or otherwise prejudice a teacher by reason of
his membership in an organization activities outside school
hours, or with the consent of the proper school authorities,
within school hours, and (c) to prevent him from carrying
out the duties imposed upon him by his position in the
organization, or to penalize him for an action undertaken in
that capacity.
What forces are behind your
actions?
• Do you get up and head to the gym each
day because you know its good for you, or
is it because of some type of external
reward?
• There are many different reasons why
people do things. Sometimes people are
motivated to act because of internal
desires and wishes, but at other times,
behaviors are driven by a desire for
external rewards.
The Incentive Theory of
Motivation
• Screen Shot 2020-07-08 at 3.30.16 PM
• According to one theory of human
motivation, actions are often inspired by a
desire to gain outside reinforcement. The
incentive theory is one of the
major theories of motivation and suggests
that behavior is motivated by a desire for
reinforcement or incentives.
Development of Incentive Theory to
Explain Human Behavior
• Incentive theory began to emerge during the
1940s and 1950s, building on the earlier drive
theories established by psychologists such as
Clark Hull.
• How exactly does this theory account for human
behaviors? Rather than focus on more intrinsic
forces behind motivation, the incentive theory
proposes that people are pulled toward
behaviors that lead to rewards and pushed away
from actions that might lead to negative
consequences.
Two People May Act In Different
Ways In The Same Situation
Based Entirely On The Types of
Incentives That Are Available To
Them At That Time.
How Does Incentive Theory
Work?
• In contrast with other theories that suggest we
are pushed into action by internal drives (such
as the drive-reduction theory of
motivation, arousal theory, and instinct theory),
incentive theory instead suggests that we are
pulled into action by outside incentives.
• You can liken incentive theory to operant
conditioning. Just as in operant conditioning,
where behaviors are performed in order to either
gain reinforcement or avoid punishment,
incentive theory states that your actions are
directed toward gaining rewards
Why Some Incentives Are More
Motivating Than Others
• Obviously, not all incentives are created equal
and the rewards that you find motivating might
not be enough to inspire another person to take
action. Physiological, social, and cognitive
factors can all play a role in what incentives you
find motivating.
• "The value of an incentive can change over time
and in different situations," notes author Stephen
L. Franzoi in his text Psychology: A Discovery
Experience.
Antecedents
On February 13, 1996, seven year old
Michael Ryan Gonzales, then a Grade 1
pupil at Pughanan Elementary School
located in the Municipality of Lambunao,
Iloilo, was hurriedly entering his classroom
when he accidentally bumped the knee of
his teacher, petitioner Felina Rosaldes, who
was then asleep on a bamboo sofa (TSN,
March 14, 1997, pp. 5-6).
Antecedents
Roused from sleep, petitioner asked Michael
Ryan to apologize to her. When Michael did
not obey but instead proceeded to his seat
(TSN, March 14, 1997, p. 6), petitioner went
to Michael and pinched him on his thigh.
Then, she held him up by his armpits and
pushed him to the floor. As he fell, Michael
Ryan's body hit a desk. As a result, he lost
consciousness. Petitioner proceeded to pick
Michael Ryan up by his ears and repeatedly
slammed him down on the floor.
Antecedents
Michael Ryan cried (TSN, March 14, 1997,
p. 6; TSN, November 13, 1997, p. 7).
After the incident, petitioner proceeded to
teach her class. During lunch break, Michael
Ryan, accompanied by two of his
classmates, Louella Loredo and Jonalyn
Gonzales, went home crying and told his
mother about the incident (TSN, March 14,
1997, p. 7).
Antecedents
His mother and his Aunt Evangeline
Gonzales reported the incident to their
Barangay Captain, Gonzalo Larroza (TSN,
February 1, 1999, p. 4) who advised them to
have Michael Ryan examined by a doctor.
Michael Ryan's aunt and Barangay
Councilman Ernesto Ligante brought him to
the Dr. Ricardo Y. Ladrido Hospital where he
was examined by Dr. Teresita Castigador.
Antecedents
They, likewise, reported the incident to the
Police Station (TSN, July 27, 1997, p. 6;
TSN, February 1, 1999, p. 4)..
The school authorities and teachers are considered a substitute
parent or one who stands in loco parentis and as such, shall
exercise substitute parental authority over his students (Art.
349, par. 2 of RA 386). Therefore, they are answerable for the
accident or injury sustained or committed by the student while
under their custody, along with other kinds of injuries, like
emotional or academic problems resulting from harassment or
abuse. Parents cannot be held liable for the very reason that
the parent is not supposed to interfere with the authority and
supervision of the teacher while the child is under the custody
of the school.
References:
• 1. Republic Act No. 8972 - “An Act
Providing for Benefits and Privileges to
Solo Parents and their Children,
Appropriating Funds Thereof and For
Other Purposes.” November 2000
• 2. CSC Memorandum Circular No. 8, s.
2004 - “Guidelines on the Grant of
Parental Leave to Solo Parent.” March 24,
2004
References:
• https://www.lawphil.net/statutes/repacts/ra
1966/ra_4670_1966.html
• https://www.teacherph.com/parents-
teachers-associations/
• https://www.senate.gov.ph/lisdata/5859522
1!.pdf

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Right and Privileges of Parent, Teachers, Personnel and School Officials

  • 1. Rights and Privileges of Parents, Teachers, Personnel and School Officials SARAH CATRINA D. PORTES
  • 2. Learning Outcomes • Give the provisions of pertinent laws on rights and privileges • Discuss the challenges involving the rights and privileges of parents, teachers, personnel and school officials
  • 6. 2019 DepEd Guidelines Governing Parents-Teachers Associations (PTAs)
  • 7. I. General Policy • 1) Every elementary and secondary school SHALL organize a Parents-Teachers Association (PTA) for the purpose of providing a forum for the discussion of issues and their solutions related to the total school program and to ensure the full cooperation of parents in the efficient implementation of such program. • Every PTA shall provide mechanisms to ensure proper coordination with the members of the community, provide an avenue for discussing relevant concerns and provide assistance and support to the school for the promotion of their common interest. Standing, committees may be created within the PTA organization to coordinate with community members. Regular fora may be conducted with local government units, civic organizations and other stakeholders to foster unity and cooperation.
  • 8. I. General Policy • 2) As an organization operating in the school, the PTA shall adhere to all existing policies and implementing guidelines issued or hereinafter may be issued by the Department of Education. • The PTA shall serve as support group and as a significant partner of the school whose relationship shall be defined by cooperative and open dialogue to PROMOTE THE WELFARE OF THE STUDENTS.
  • 9. V. Recognition and Monitoring of PTAs 1) There shall be only one PTA that will operate in a school which shall be recognized by the School Head upon formal notification in writing by the elected Board of Directors. The recognition shall be valid for one year from the date of election. 2) Together with the formal notification in writing, the elected Board of Directors shall submit Oaths of Office of the Board of Directors and Officers including a list of directors and officers.
  • 10. VI. Privileges of Recognized PTAs 1) A PTA is authorized to collect voluntary contributions from parents/guardian- members once it has been duly recognized and given a Certificate of Recognition by the School Head Such collections, however, shall be subject to pertinent issuances of the DepED and/or existing pertinent ordinances of the local government unit concerned, if any.
  • 11. VI. Privileges of Recognized PTAs 2) In addition, a duly recognized PTA shall have the following privileges: a. The use of any available space within the school premises as its office or headquarters, provided, that costs pertinent to electricity, water and other utilities shall be for the account of the PTA; provided however, that should the school need such space, the PTA shall so vacate the space immediately. The maintenance and improvement of the office shall be in accordance with the School Improvement Plan; The DepED may allow the PTA to construct a building or structure within the school premises for its office, provided however, that the PTA shall donate such building or structure and other permanent fixtures to the school. Any improvement made on such building, structure or fixture that cannot be removed from such building or structure without causing damage thereto shall be deemed the property of the school. A written agreement shall be executed before the improvement or construction. A Deed of Donation shall also be executed by and between the PTA and the school immediately after the completion of the improvement or construction;
  • 12. VI. Privileges of Recognized PTAs b. Representation in the School Governing Council; c. Authorization to undertake fund-raising activities to support the school’s academic and co-curricular programs, projects and activities subject to pertinent DepED guidelines; d. Participation in the school’s inspection and acceptance committee and as an observer in the school’s procurement activities subject to the provisions of R.A. No. 9184; and e. Collaboration in relevant school activities.
  • 13. "Education Act of 1982.” Sec. 8. Rights of Parents. — In addition to other rights under existing laws, all parents who have children enrolled in a school have the following rights: 1. The right to organize by themselves and/or with teachers for the purpose of providing a forum for the discussion of matters relating to the total school program, and for ensuring the full cooperation of parents and teachers in the formulation and efficient implementation of such programs. 2. The right to access to any official record directly relating to the children who are under their parental responsibility.
  • 14. Challenges 1. Lack of Information 2. Miscommunication 3. Lack of Budget 4. Lack of Community Involvement
  • 16. “Teaching Personnel in the Public Schools As Civil Service Employees, the public school teachers, supervisors, and administrators are enjoying special privileges. All privileges of the teaching personnel are prescribed by law”.
  • 17. 1. Persons in Authority 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 )
  • 18. 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.”
  • 19. Challenges • Not all teachers are aware of this privilege. • Due to lack of teacher, this right some teachers cannot avail this right • Screen Shot 2020-07- 08 at 5.46.16 PM
  • 20. Maternity Leave Commonwealth Act No. 647, as amended by Rep. Acts No. 270 and 1564, provides maternity leave to regular and temporary female who are married. • Regular teachers with two and a half or more years of service are entitled to 60 days of maternity leave with full pay, while those with less than two and a half years of service are entitled to 60 days, with half pay. • Temporary teachers with at least two years of service are entitled to 60 days of maternity leave with half pay.
  • 22. Outside Teaching • Ed. Department Order No. 9,s 1959 enclosed to B.P.S. Circular No. 4, s. 1960 and General letter No. 112, dated July 11,1960 , allows public school teachers, elementary, or high school to teach in private evening schools in not more than 12 hours a week in addition to their regular loads in their own schools.
  • 23. Retirement Benefits • 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.
  • 24. Retirement Benefits • 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.
  • 25. Vacation and Sick Leave • (Revised Administrative Code Sec.275, as amended by Commonwealth Act No. 220 and RA No. 218) • Vacation and sick leave are cumulative and any part which may not be taken within the school calendar year may be carried over to the succeeding year. • A sick teacher who has used his accrued leave privileges is entitled to go sick leave without pay.
  • 26. Compulsory Insurance • (Commonwealth Act No. 186, as amended by Rep. Act Nos. 660 and 1616) • Provides for life and retirement insurance. • Membership in the GSIS is compulsory upon all teachers, except those who are substitute, upon all regularly and permanently appointed school employees. • Private teachers and other school personnel is under the SSS privileges or what their school provided to them
  • 27. Challenges • Long process availing this privilege • Screen Shot 2020-07- 08 at 5.46.16 PM
  • 28. Vacation Pay • All teachers, except those who are on vacation and sick leave basis are on the teacher’s leave basis. They are all entitled to pay during the Christmas and long vacations. • Temporary teachers who have served at least six months are also entitled to vacation pay. Teacher’s vacation pay may be commuted or paid in advance.
  • 29. Service Credits • A teacher on the teacher’s leave basis is given service credit when he is asked to work during the vacation period. • This service credit may be used to offset past and future absences due to illness or other reasonable causes.
  • 30. Salary Loan • Public school teachers are allowed to borrow money from the Government Insurance System, an amount not to exceed his monthly salary.
  • 31. Free Medical Consultation They are given free medical consultation by the school physician.
  • 32. Challenges • Teachers still pay their own medical consultation. • Screen Shot 2020-07- 08 at 5.46.16 PM
  • 33. Compensation for injuries • Teachers are protected against the consequences of employment injuries. The effects of the physical and nervous strain in the teacher’s health shall recognized as a compensable occupational disease in accordance with the existing laws. • The public school teachers are required to have annual physical check-up.
  • 34. Cost of Living and special Hardship Allowance • The teachers salaries shall keep pace with the rise in the cost of living by the payment of a cost-of-living allowance which shall automatically changes in a cost-of –living index. • Special hardship allowance are to be enjoyed by public school teachers in areas who are exposed to hardship /hazards.
  • 35. Enjoy Academic Freedom • (Sec 5, Article XIV of the Phil. Constitution and by Rep. Act No. 4670 which is known the Magna Carta for Public School Teachers) • The right of the teacher to an atmosphere of academic freedom in the discharge of his professional duties • Teachers are therefore free to use any method of teaching they think best for the pupils.
  • 36. Joining Teachers’ Organization Public school teachers shall have the right and without previous authorization freely to establish or to join organizations.
  • 37. Working Hours for Teachers • Teachers engaged in actual classroom teaching are required to render not more than six hours of actual classroom teaching a day. • They may be required to render more than six hours but not exceeding eight hours of actual classroom teaching a day upon payment of additional compensation.
  • 38. Challenges • Due to lack of teacher, this right some teachers cannot avail this right they still teach 8hrs per day • Screen Shot 2020-07- 08 at 5.46.16 PM
  • 39. Tenure of Office • Regular or Permanent Public School teachers and officials are granted stability of employment and security of tenure. • Teachers appointed on a provisional status or temporary who rendered ten years of continuous, efficient, and faithful service as of June 18, 1966, and all teachers who have rendered ten years, of extended permanent appointment.
  • 40. PRIVILEGES OF TEACHERS IN PRIVATE SCHOOLS • Teachers in private schools, like the public school teachers, enjoy some privileges besides their tenure of office. • Social Security System provided its members the following benefits: death, disability, sickness, and retirement benefits
  • 41. Other privileges 1. MaternityLeave(R.A.679) • provides maternity leave to married female teachers in private schools. 2. Study Leave • Some private schools, colleges, and universities also grant study leave to their deserving faculty and staff members in the form of scholarship, visiting other schools in foreign countries, or exchange with teachers from foreign schools or universities.
  • 42. 3. Vacation Pay • In some private schools or universities, teachers are given bonuses for extra work done during summer vacation. 4. Hospital Privileges • Besides the provision in the Social security • concerning sickness benefits, teachers in some private schools, colleges and universities enjoy hospital privileges by becoming members of the hospitalization plan
  • 43. Other Law • 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.
  • 44. 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 merely meets the standards. It also provides that of all the school personnel shall first be in accordance with the entrance salary rates this Act. After the adjustments in salary provided, increases for regular personnel automatically effected until the maximum attained. (Approved, May 1, 1953)
  • 45. 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.
  • 46. 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.
  • 47. Executive Orders • Executive Order No. 500 – Establishing a New System of Career Progression for Public School Teachers . • Issued March 21, 1978. ( • - 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 full text)
  • 48. • 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. • 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
  • 49. • The salaries given to teachers should be fitting recognition of the enormous responsibility they have to • the society that they serve. • Compare favorably with salaries paid on other occupations requiring similar or equivalent • qualifications. • 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. • Take account of the fact that certain posts require higher qualifications and experience and carry greater • responsibilities.
  • 50. Some Recent Laws and Issuances Governing Teachers’ Salaries • Executive Order No. 153 was issued by President C. 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. for • Republic Act No. 6642, otherwise known as General Appropriaions Act for 1988, granted another 10% increase • all government teachers, effective January 1, 1988. Its implementing rules and regulations are provided in National Compensation Circular (NCC) No. 51.
  • 51. 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. • 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
  • 52. 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.
  • 53. 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.”
  • 54. 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.” 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. 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.
  • 55. The DepEd Bureau of Human Resource and Organizational Development (DepEd-BHROD) has listed the following benefits that public school teachers are expected to receive
  • 56. OTHER BENEFITS AND INCENTIVES: • One step increment for every three (3) years of continuous satisfactory performance • One of two step increments due to meritorious performance using the Results-based Performance Management System (RPMS) • Loyalty Cash Incentive depending on the number of years in service (starting on the 10th year amounting to P10,000 and P5,000 after every 5 years) • Special Hardship Allowance to teachers assigned in hardship posts (cannot be reached by regular means of transportation through hiking or banca/motorcycle rides), mobile teachers and multigrade teachers (15-25% of basic salary)
  • 57. OTHER BENEFITS AND INCENTIVES: • Honoraria for teaching overload subject to funds availability • Leave privileges (Maternity, paternity, study leave) • Additional incentive/allowances from LGU (selected divisions) • Vacation service credits (maximum of 15 days per year) • For mobile teachers, P2,000 per month for transportation allowance (Program Support Fund) • For mobile teachers and DALCs, P5,000 per year for instructional materials • In-service training (Program Support Fund)
  • 58. SOCIAL SECURITY BENEFITS: • GSIS Benefits: Retirement and Life Insurance Premiums (RLIP) • PhilHealth Benefits: Hospitalization, Annual Physical Exam • Employees Compensation Program (ECP) Benefits
  • 59.
  • 60. SECTION 4. Tenure of Office. In order to secure for teachers stability of employment and security of tenure, the teachers shall not be dismissed except for dishonesty, oppressions, misconduct, neglect of duty, conviction of a crime involving moral turpitude, notoriously disgraceful or immoral conduct, improper or unauthorized solicitation of contributions from subordinate employees or from students or any violation of the rules and regulations issued by the Department of Education and by Commission on Higher Education, as the case maybe.
  • 61. SECTION 5. Safeguards in Disciplinary Procedure. - In connection with the right granted to teachers in the immediately preceding section, every teacher shall enjoy equitable procedural safeguards at each stage of any disciplinary procedure and shall have: a) the right to be informed, in writing of the charges against him; b) the right to full access to the evidence in the case: c) the right to defend himself and to be defended by a representative of his choice or by his organization, adequate time being given to the teacher for the preparation of his defense: and d) the right to appeal to clearly designated authorities. No publicity shall be given to any disciplinary action being taken against a teacher during the pendency of his case.
  • 62. SECTION 6. No Discrimination. • -There shall be no discrimination whatsoever in the employment of teachers or the grant of assignments, promotion and privileges during their incumbency or in the termination of their services, based on considerations other than professional qualifications.
  • 63. SECTION 7. Academic Freedom • Teachers shall enjoy academic freedom in the discharge of their professional duties particularly with regard to teaching, research and classroom methods.
  • 64. SECTION 8. Medical Examination and Treatment Compulsory medical examination shall be provided free of charges for all teachers before their employment and once a year thereafter. Where medical examination shows that medical treatment or hospitalization is necessary, the same shall be provided free by the private school paying the salary of the teacher.
  • 65. SECTION 9. Compensation for lnjuries. - Teachers shall be protected against the consequences of employment injuries in accordance with existing laws. The effects of the physical and nervous strain on the teacher’s health shall be recognized as a compensable occupational disease in accordance with existing laws.
  • 66. SECTION 10. Study Leave. - In addition to the leave privileges now enjoyed by teachers in the private schools, they shall be entitled to study leave not exceeding one school year after ten years of service. During the period of such leave the teachers shall be entitled to at least sixty percent of their monthly salary.
  • 67. SECTION 11. Indefinite Leave. • - An indefinite sick leave of absence shall be granted to teachers when the tenure of the illness demands a long treatment that will exceed one year at the least.
  • 68. SECTION 12. Freedom to Organize. - Private school teachers shall have the right, freely and without previous authorization, to establish and to join organizations of their choosing, whether local or national, to further and defend their interests.
  • 69. SECTION 13. Discrimination Against Teachers Prohibited. The rights established in the immediately preceding section shall be exercised without any interference or coercion. It shall be unlawful for any person to commit any acts of discrimination against teachers which are calculated to (a) make the employment of the teacher subject to the condition that he shall not join an organization, or shall relinquish membership in an organization, (b) to cause the dismissal of, or otherwise prejudice a teacher by reason of his membership in an organization activities outside school hours, or with the consent of the proper school authorities, within school hours, and (c) to prevent him from carrying out the duties imposed upon him by his position in the organization, or to penalize him for an action undertaken in that capacity.
  • 70.
  • 71. What forces are behind your actions? • Do you get up and head to the gym each day because you know its good for you, or is it because of some type of external reward? • There are many different reasons why people do things. Sometimes people are motivated to act because of internal desires and wishes, but at other times, behaviors are driven by a desire for external rewards.
  • 72. The Incentive Theory of Motivation • Screen Shot 2020-07-08 at 3.30.16 PM
  • 73. • According to one theory of human motivation, actions are often inspired by a desire to gain outside reinforcement. The incentive theory is one of the major theories of motivation and suggests that behavior is motivated by a desire for reinforcement or incentives.
  • 74. Development of Incentive Theory to Explain Human Behavior • Incentive theory began to emerge during the 1940s and 1950s, building on the earlier drive theories established by psychologists such as Clark Hull. • How exactly does this theory account for human behaviors? Rather than focus on more intrinsic forces behind motivation, the incentive theory proposes that people are pulled toward behaviors that lead to rewards and pushed away from actions that might lead to negative consequences.
  • 75. Two People May Act In Different Ways In The Same Situation Based Entirely On The Types of Incentives That Are Available To Them At That Time.
  • 76. How Does Incentive Theory Work? • In contrast with other theories that suggest we are pushed into action by internal drives (such as the drive-reduction theory of motivation, arousal theory, and instinct theory), incentive theory instead suggests that we are pulled into action by outside incentives. • You can liken incentive theory to operant conditioning. Just as in operant conditioning, where behaviors are performed in order to either gain reinforcement or avoid punishment, incentive theory states that your actions are directed toward gaining rewards
  • 77. Why Some Incentives Are More Motivating Than Others • Obviously, not all incentives are created equal and the rewards that you find motivating might not be enough to inspire another person to take action. Physiological, social, and cognitive factors can all play a role in what incentives you find motivating. • "The value of an incentive can change over time and in different situations," notes author Stephen L. Franzoi in his text Psychology: A Discovery Experience.
  • 78. Antecedents On February 13, 1996, seven year old Michael Ryan Gonzales, then a Grade 1 pupil at Pughanan Elementary School located in the Municipality of Lambunao, Iloilo, was hurriedly entering his classroom when he accidentally bumped the knee of his teacher, petitioner Felina Rosaldes, who was then asleep on a bamboo sofa (TSN, March 14, 1997, pp. 5-6).
  • 79. Antecedents Roused from sleep, petitioner asked Michael Ryan to apologize to her. When Michael did not obey but instead proceeded to his seat (TSN, March 14, 1997, p. 6), petitioner went to Michael and pinched him on his thigh. Then, she held him up by his armpits and pushed him to the floor. As he fell, Michael Ryan's body hit a desk. As a result, he lost consciousness. Petitioner proceeded to pick Michael Ryan up by his ears and repeatedly slammed him down on the floor.
  • 80. Antecedents Michael Ryan cried (TSN, March 14, 1997, p. 6; TSN, November 13, 1997, p. 7). After the incident, petitioner proceeded to teach her class. During lunch break, Michael Ryan, accompanied by two of his classmates, Louella Loredo and Jonalyn Gonzales, went home crying and told his mother about the incident (TSN, March 14, 1997, p. 7).
  • 81. Antecedents His mother and his Aunt Evangeline Gonzales reported the incident to their Barangay Captain, Gonzalo Larroza (TSN, February 1, 1999, p. 4) who advised them to have Michael Ryan examined by a doctor. Michael Ryan's aunt and Barangay Councilman Ernesto Ligante brought him to the Dr. Ricardo Y. Ladrido Hospital where he was examined by Dr. Teresita Castigador.
  • 82. Antecedents They, likewise, reported the incident to the Police Station (TSN, July 27, 1997, p. 6; TSN, February 1, 1999, p. 4)..
  • 83. The school authorities and teachers are considered a substitute parent or one who stands in loco parentis and as such, shall exercise substitute parental authority over his students (Art. 349, par. 2 of RA 386). Therefore, they are answerable for the accident or injury sustained or committed by the student while under their custody, along with other kinds of injuries, like emotional or academic problems resulting from harassment or abuse. Parents cannot be held liable for the very reason that the parent is not supposed to interfere with the authority and supervision of the teacher while the child is under the custody of the school.
  • 84. References: • 1. Republic Act No. 8972 - “An Act Providing for Benefits and Privileges to Solo Parents and their Children, Appropriating Funds Thereof and For Other Purposes.” November 2000 • 2. CSC Memorandum Circular No. 8, s. 2004 - “Guidelines on the Grant of Parental Leave to Solo Parent.” March 24, 2004