Prohibited Acts, Transactions & Omissions (PATO) for Teachers/Professors in the Philippines which are geared towards the improving the quality of education in the country, specially the public school teachers, college professors in the LUCs, SUCs, TVETs, etc. Prohibited Acts, Transactions & Omissions (PATO) for Teachers/Professors in the Philippines

1. WELCOME and MABUHAY !
Mr. VirGILio G. Gundayao, MBA/MPA
Exec. Dir., Graft-Free Philippines, a national project of Philippine Jaycee Senate
2004 Exec. Director, Junior Chamber International (JCI) Phils.
Immediate Past Exec. Director, JC Leaders International
Ex-AMO, CSC Mamamayan Muna, Hindi Mamaya Na! Program

2. WELCOME & MABUHAY ! ! !
Prohibited Acts, Transactions & Omissions
(PATO 5-8)
11 February 2012
(Saturday 8:00-11:00 AM)
PUP-Graduate School, Sta. Mesa, Manila

3. WE greatly acknowledge
a compleat GURU and a PolyMATH
Immediate Past PUP Vice-President for Research Development;
former SVP, First Asia Institute of Technology & Humanities
(FAITH)
Dr. Normita Abinales-Villa
Course/Class Adviser/Professor
If I have seen further, it is by standing on the shoulder of giants. - Sir Isaac Newton (1642-1727)

4. Able leadership of Over-All
Coordinator/Chairperson
Professor
JAZMIN D. MATEO
Indefatigable and understanding class manager

5. Resource Persons/Speakers:
Dr. Oscar Soriano
Prof. Ellen Sibal
Gil G. Gundayao, MBA/MPA
DAY-Chairpersons/Floor Managers
Prospective professional speakers

6. Invocation
Prof. Annalyn P. Diaz
“That faith in GOD gives meaning and purpose to human life.”

7. Inspiration/Motivational Speech
Ms. Mary Jennifer
J. Ramos
The core of transformational leadership as a people skill…

8. Introduction of Guest of
Honor and Guest Speakers
Prof. Ma. Jazmin D. Mateo
A prospective connoisseur/ raconteur

9. WE specially want to give credit to the
TEAM EFFORT of the Class
For the Group Dynamics
For the coordination to come out with a good atmosphere
or ambiance conducive to the art of learning by doing
For exemplifying the essence of ANDRAGOGY or
Adult/Alternative Learning system cum Pedagogy
For attempting to transcend the various dimensions of
educative processes

10. The subject/course: Educational Legislations and Policy
Analysis delves specifically on existing laws, rules, and
regulations on teachers/educators in the Philippine setting.
While the teaching force include both those in the private and
public school system—the public school education sector
comprises the single biggest block of public personnel in the
Philippine Civil Service, much bigger than the police forces as
the 2nd.
It is noteworthy to mention that public funds appropriation
goes to the bulk of education that transcends the triad: higher
education institutes (HIEs) being regulated by the
Commission on Higher Education; Tech-Voc which is under
the supervision and control of the TESDA, and the basic
education (elementary and high school system) under the
jurisdiction of the DepEd.
I. PROLOGUE
Poets are acknowledged to be the universal legislators. – G3

11. For purposes of the above-topic, other than the
teachers/educators, the administrative employees and
officers are within the scope of the law and recent
jurisprudence, especially the public school system,
including those of the SUCs and the LUCs… This is
also because of the Teachers Code of Ethics which
enjoins both the public and private teachers/educators.
When we speak the language of the law, in both the
administrative, civil and/or criminal parlance, the
standard or uniformity of actions are at stake. And this
will always cover prohibitions, commissions and/or
omissions insofar as the sanctions are concerned.
Penal provision of the law are meant to be deterrent to
the violations or infractions of the law, rules and
regulations by competent authority in order to enforce
standards, i.e., infractions are subjected to penalties, in
accordance with the law on due process.

12. .

13. II. KEY WORDS
• Disciplinary action
• Prohibited acts
• Omissions
• Public officials
• Sanctions

14. .
Gifted Students in Schools

15. III. LEARNING EXERCISES
The heart of the problem is the problem of the heart. – G3
1. Self-Introduction of participants by identifying a flower
to introduce him/her to the class.
2. Then start a sentence with the word: Bawal……
3. Divide the house by:
Group 1. Administrative Group
Group 2. Academic Group
Observer. OP/Research and Development
5. Duck Dance – unfreezing
6. Reading in Unison – The Builders – Henry Wadsworth
Longfellow

16. .
.Note: 1942 Cartoon using the signature Dr. Seuss
http://orpheus.ucsd.edu/speccoll/dspolitic/

17. Reading in Unison – The Builders –
Henry Wadsworth Longfellow
Group 1 All are architects of Fate,
Working in these walls of Time;
Some with massive deeds and great,
Some with ornaments of rhyme.
Group 2 Nothing useless is, or low;
Each thing in its place is best;
And what seems but idle show
Strengthens and supports the rest.

18. Chorus For the structure that we raise,
Time is with materials filled;
Our to-days and yesterdays
Are the blocks with which we build.
Group 1 Truly shape and fashion these;
Leave no yawning gaps between;
Think not, because no man sees,
Such things will remain unseen.
Group 2 In the elder days of Art,
Builders wrought with greatest care
Each minute and unseen part;
For the Gods see everywhere.

19. Chorus Let us do our work as well,
Both the unseen and the seen;
Make the house, where Gods may dwell,
Beautiful, entire, and clean.
Group 1 Else our lives are incomplete,
Standing in these walls of Time,
Broken stairways, where the feet
Stumble as they seek to climb.
Group 2 Build to-day, then, strong and sure,
With a firm and ample base;
And ascending and secure
Shall to-morrow find its place.

20. Chorus
Thus alone can we attain
To those turrets, where the eye
Sees the world as one vast plain,
And one boundless reach of sky.
“The Builders” – Henry Wadsworth Longfellow

21. IV. Teachers/Educators’ Prohibited Acts,
Transactions and Omission
c/o Dr. Oscar Soriano
1. Tickets and Contributions
2. Gift-Giving/Receiving (Sec. 3b and c of R.A. 3019
P.D. 46 “Making it Punishable for Public Officials and
Employees to Receive, and for Private Persons to Give,
Gifts on Any Occasion, Including Christmas” –
November 10, 1972.
P.D. 749 “Granting Immunity from Prosecution to Givers
of Bribes and Other Gifts and to their Accomplices in
Bribery and Other Graft Cases Against Public Officers” –
July 18, 1975.
3. Bribery
4. Sexual Harassment

22. .

23. 5. Corporal Punishment

24. . Corporal Punishment - Article 233 (2nd par.)
“In no case x x x inflict corporal
punishment upon the child.”
Definition: An act that inflict pain or harm
upon a child’s body as punishment for
wrong doing usually through beating
and spanking
Elements:
(a) physical contact
(b) to inflict pain

25. . Corporal Punishment - Article 233 (2nd par.)
“In no case x x x inflict corporal
punishment upon the child.”
Definition: An act that inflict pain or harm
upon a child’s body as punishment for
wrong doing usually through beating
and spanking
Elements:
(a) physical contact
(b) to inflict pain

26. 26
Self
discipline
isn’t taught
in
obedience
school.

27. .
 VIII, 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
manifestations of
poor scholarship.

28. .
Case Study:
Corporal punishment in Tanzania
Drawings of corporal punishments made by children in Mwanza,
Tanzania - Ahmed et al, 1998

29. .
Case Study:
Corporal punishment in Mongolia

30. .
Is the use of physical force and/or
humiliation causing some degree of pain or
discomfort, intended for the purpose of
discipline, correction, control, changing
behaviour or in the belief of educating /
bringing up a child
It can cause both physical and
psychological harms to
children
Corporal punishment

31. .
Nonviolence & Absence of Physical Punishment
In a worldwide sample of 48 societies, the
psychologist Barry found...
Frequent physical punishment of boys in late
childhood is the formative experience most highly
correlated with violence
Absence of physical punishment is especially
associated with infrequent violent crimes
Barry III, H. (2007). Corporal punishment and other
formative experiences associated with violent crimes.
The Journal of Psychohistory, 35(1), pp. 71-82.

32. .
Look like your Dog Contest?
Search for Outstanding Teachers
& Dogs?

33. 6. Improper Deduction from Grades
• Grade Reduction School authorities and teachers cannot
reduce the grade of a student because of his misconduct
because the measure of academic achievement must
not be based on conduct. Otherwise, the teacher or the
school administration shall be unable to properly
diagnose the student. Batas Pambansa Blg. 232
provides that-- “ Every teacher shall x xxxxx 5.
Refrain from making deductions in students’
scholastic rating for acts that are clearly not
manifestation of poor scholarship.”
• Section 79 of the MRPS clearly prevents the reduction of
a student’s grade for misconduct. The only exception to
this rule is when the offense committed is relevant to the
academic subject in which the student’s grade was
reduced. Therefore, an elementary schoolchild may
suffer a reduction in his Character Education grade if he
is guilty of misconduct (see Section 79, MRPS).

34. 7. Prohibition Under Civil Service Law (insert)
R.A. 6713 “Code of Conduct and Ethical Standards for
Public Officials and Employees”
Section 7.Prohibited Acts and Transactions. – In
addition to acts and omissions of public officials and
employees now prescribed in the Constitution and
existing laws, the following shall constitute prohibited
acts and transactions of any public officials and
employees and are hereby declared to be unlawful:
(a) xxx (b) xxx (c) xxx
(d) Solicitation or acceptance of gifts. – Public officials
and employees shall not solicit or accept, directly or
indirectly, any gift, gratuity, favor, entertainment, loan or
anything of monetary value from any person in the
course of their official duties or in connection with any
operation being regulated by, or any transaction which
may be affected by the functions of their office.

35. .
The Dying and Dysfunctional State of
Education/Legislations?

36. As to gifts or grants from foreign governments, the Congress
consents to –
(i) The acceptance and retention by a public official or employee
of a gift of nominal value tendered and received as souvenir
or mark of courtesy;
(ii) The acceptance by a public official or employee of a gift in
the nature of a scholarship or fellowship grant or medical
treatment; or
(iii) The acceptance by a public official or employee of travel
grants or expenses for travel taking place entirely outside the
Philippines (such as allowances, transportation, food, and
lodging) of more than nominal value if such acceptance is
appropriate or consistent with the interests of the Philippines,
and permitted by the head of office, branch or agency to
which he belongs.
The Ombudsman shall prescribe such regulations as may be
necessary to carry out the purpose of this subsection,
including pertinent reporting and disclosure requirements.

37. In the Omnibus Rules Implementing Book V of E. O. 292, the
following Rule XIV, Discipline, are hereby lifted:
Xxx
Sec. 22. Administrative offenses with its corresponding
penalties are classified into grave, less grave, and light,
depending on the gravity of its nature and effects of said
acts on the government service.
The following are grave offenses with corresponding
penalties:
Xxx
(I) Receiving for personal use of a feed, gift or other
valuable thing in the course of official duties or in
connection therewith when such fee, gift or other valuable
thing is given by any person in the hope of expectation of
receiving a favor or better treatment than that accorded to
other persons or committing acts punishable under the anti-
graft laws. 1st Offense – Dismissal

38. (J) Contracting loans of money or other property from
persons with whom the office of the employee has
business relations. 1st Offense – Dismissal
(K) Soliciting or accepting directly or indirectly, any gift,
gratuity, favor, entertainment, loan or anything of
monetary value which in the course of his official duties
or in connection with any operations being regulated by,
or any transaction which may be affected by the
functions of his office. The propriety or impropriety of
the foregoing shall be determined by its value, kinship,
or relationship between giver and receiver and the
motivation. A thing of monetary value is one which is
evidently or manifestly excessive by its very nature.
1st Offense – Dismissal
Xxx Xxx

39. The following are light offenses with their corresponding
penalties:
Xxx
(m) Promoting the sale of tickets in behalf of private
enterprises that are not intended for charitable or public
welfare purposes and even in the latter cases if there is
no prior authority.
1st Offense – Reprimand
2nd Offense – Suspension for one (1) to thirty (30) days
3rd Offense - Dismissal

41. “The Man with a Hoe” by Edwin Markham
G-1 Bowed by the weight of centuries he leans
Upon his hoe and gazes on the ground,
The emptiness of ages in his face,
And on his back, the burden of the world.
G-2 Who made him dead to rapture and despair,
A thing that grieves not and that never hopes,
Stolid and stunned, a brother to the ox?
Who loosened and let down this brutal jaw?
Whose was the hand that slanted back this brow?
Whose breath blew out the light within this brain?

42. Chorus
Is this the Thing the Lord God made and gave
To have dominion over sea and land;
To trace the stars and search the heavens for power;
To feel the passion of Eternity?
G-1 Is this the dream He dreamed who shaped the suns
And marked their ways upon the ancient deep?
Down all the caverns of Hell to their last gulf
There is no shape more terrible than this--
More tongued with cries against the world's blind greed--
More filled with signs and portents for the soul--
More packed with danger to the universe.

43. G-2
What gulfs between him and the seraphim!
Slave of the wheel of labor, what to him
Are Plato and the swing of the Pleiades?
What the long reaches of the peaks of song,
The rift of dawn, the reddening of the rose?
Through this dread shape the suffering ages
look;
Time's tragedy is in that aching stoop;
Through this dread shape humanity betrayed,
Plundered, profaned and disinherited,
Cries protest to the Powers that made the world,
A protest that is also prophecy.

44. Group 1
O masters, lords and rulers in all lands,
Is this the handiwork you give to God,
This monstrous thing distorted and soul-
quenched?
How will you ever straighten up this shape;
Touch it again with immortality;
Give back the upward looking and the light;
Rebuild in it the music and the dream;
Make right the immemorial infamies,
Perfidious wrongs, immedicable woes?

45. Chorus
O masters, lords and rulers in all lands,
How will the future reckon with this Man?
How answer his brute question in that hour
When whirlwinds of rebellion shake all shores?
How will it be with kingdoms and with kings--
With those who shaped him to the thing he is—
When this dumb Terror shall rise to judge the
world,
After the silence of the centuries?
“The Man with a Hoe” by Edwin Markham

47. 8. Strike by Public School Teachers
• Both the private and public school teachers are
prohibited from engaging in strike/s as work-stoppage
will be detrimental to the state, studentry and other
stakeholders.
• Executive Order 180 “Providing Guidelines for the
Exercise of the Right to Organize of Government
Employees, Creating the Public Sector Labor-
Management Council”, June 1987.
• CSC MC 6, 1987

48. Haymarket Martyr’s Memorial
(source: Wikipedia)
(source: Bristol Independent Media Center)

49. The Naked Truth
About our Legislations, Teachers,
Society?
.
Borat, d Jew

50. JURISPRUDENCE/DECISIONS
Joseph Santos vs. NLRC, Hagonoy Institute, Inc.
“As teacher, (one) serves as an example to his/her
pupils xxx.
Consequently xxx teachers must adhere to the
exacting standards of morality and decency. xxx A
teacher both in his official and personal conduct must
display exemplary behavior.”
He must freely and willingly accept restrictions on his
conduct that might be viewed irksome xxx the personal
behavior of teachers, IN AND OUTSIDE THE
CLASSROOM, must be beyond reproach xxx they must
observe a high standard of integrity and honesty.”

51. .
Legal Responsibility of Schools…
In PSBC vs. CA—
“Institutions of learning must also
meet the implicit or “built-in”
obligations of providing their
students with an atmosphere that
promotes or assists in attaining its
primary undertaking of imparting
knowledge.”

52. The Supreme Court said in Angeles vs.
Sison, school’s obligation to discipline is to
protect the “x x x good name or reputation
of the school.”
It is undisputed that the school can
discipline its community members within
the school campus during class hours.
Whether that authority applies even outside
of the school premises and class hours,
the Supreme Court said—

53. .

54. . In the case of University of the East vs.
Romeo A. Jader, the SC declared—
“It is the contractual obligation of the school
(through the teachers) to TIMELY INFORM
AND FURNISH sufficient notice and information
to each and every student as to whether he/she
had already complied with all the requirements
xxx.”
“The negligent act of a teacher who fails to
observe the rules of the school, for instance, by
not promptly submitting a student’s grade is not
only imputable to the teacher but is an act of
the school being his/her employer xxx.”

55. .
In Padilla vs. NLRC, SBC the Supreme
Court said—
“This Court is convinced that the
pressure and influence exerted by (a
teacher) on his colleague to change a
failing grade to passing one xxx
constitute serious misconduct which
is a valid ground for dismissing an
employee.”

57. .
Labor Jurisprudence…
For GRAVE MISCONDUCT to be valid
and just cause for termination—
“x x x must be a DIRECT
RELATION to and CONNECTED
with performance of official
duties.”

58. .

59. . Anita Y. Salvarria vs. Letran College, et
al.
(296 SCRA 184)
The Supreme Court declared--
“Petitioner contended that her dismissal was arbitrarily
xxx, having been effected without just cause, on the premise
that the solicitation of funds xxx was initiated by the students
and that her participation was merely limited to approving the
same. xxx”
If there is one person more knowledgeable of xxx
policy against illegal exactions from students, it would be xxx
Salavarria.
Hence, regardless of who initiated the collections, the
fact that the same was approved or indorsed by petitioner,
made her ‘in effect the author of the project.’”

60. Cauliflower Olive Sheep

61. .
In Amadora vs. CA, the Supreme Court
said--
Even if the student is just relaxing
in the campus in the company of his
classmates, x x x the student is still
within the custody and subject to the
discipline and responsibility of the
teachers x x x.
Hence--
A teacher required to exercise special parental
authority but who fails to observe all the diligence
of a good father of a family in the custody and
care of the pupils and students, shall be held
liable for gross neglect of duty.

62. . Hence, the Supreme Court held in Evelyn Peña vs. NLRC
that—
“x x x schools can
set high standards of
efficiency for its
teachers since quality
education is a
mandate of the
Constitution xxx
security of tenure xxx
cannot be used to
shield incompetence.”

63. .
“The Court takes this opportunity to
pay a sincere tribute to the school
teachers, who are always at the forefront
in the battle against illiteracy and
ignorance. If only because it is they who
open the minds of their pupils to an
unexplored world awash will the magic of
letters and numbers, which is an
extraordinary feat indeed, these humble
mentors deserve all our respect and
appreciation.” Justice Isagani A. Cruz
Chiang Kai Shek School vs. CA
G.R. No. 58028, April 18, 1989

65. V. EPILOGUE
While there are hair-splitting separate rules for the
public and private school teachers—violations of their
respective schools or charters are subjected to the pain of
administrative sanctions.
The increasing laws that are affecting and/or empowering
the youth/studentry, are the very same deterrence to youth
discipline. Juvenile delinquency are within the aegis of
DSWD, that crimes and penalties are withheld by courts in
favor of the minors (out of school and students as well).
In the midst of the laws prevailing, enforcement and
executions of the laws, rules and regulations are sometimes
put to mockery.

66. Inasmuch as the prevailing Philippine laws, rules
and regulations affecting the educators may be the same
deterrents towards the Constitutional aims “to inculcate
love of country, teach the duties of citizenship, and
develop moral character, personal discipline, and
scientific, technological, and vocational efficiency,” the
very same fabric of change…are underpaid and a
number of them are not enjoying security of tenure—and
to those who are now permanent are able to get them
from 3 years or more.
• “Men are not made for Sabbath, but Sabbath for
men,” so the Sacred writings from the greatest GURO
Jesus onced said. The laws should not be too much of a
burden likened to a savage beast carrying loads of
humanity’s

67. . Teachers are utilized during election times—even
tempted be puppets to fraud for a petty cash; some are
constrained to work abroad as DHs (domestic helpers);
some retire early for an unstable future; some in the
service are subjected to the bureaucratic politics of
spoils; retirement pay in lump sum or by monthly
pension is not at par with the cost of living—and much
much more…
In all these, is the hope that educators may be
emancipated by the very same laws that suppressed or
ignored the value and worth of teachers—or just may be
because of the national budget constraints…
However, the exodus from private practice into
public teaching has been reverted by the last trench of
the Salary Standardization Law (SSL) and the ACTs
move for more salary extenders and perks are now in
the form of Congressional BILLs.

69. VI. References
• Administrative Code of 1987
• Civil Service Law, rules and regulations
• CSC Memorandum Circular No. 06, s. 1987
• Executive Order No. 180
• Family Code
• Code of Ethics for Teachers
• Various Jurisprudence
• http://eduphil.org/forum/corporal-punishment-t-1510.html, November 27, 2011, 2:33PM.
• http://www.encyclopedia.com/topic/corporal_punishment.aspx
• American Academy of Pediatrics http://www.aap.org/family/physicalactivity/physicalactivity.htm
• California Association of Health, Physical Education, Recreation, and Dance
• http://www.cahperd.org/
• Center for Disease Control http://www.cdc.gov/nccdphp/dash/physicalactivity/guidelines/summary.htm
• Concerned Adults and Students for Physical Education Reform
http://www.csuchico.edu/casper/insteadofthis.html
• National Association for Sport and Physical Education
http://www.aahperd.org/naspe/template.cfm?template=qualityPePrograms.html
• National Association of State Boards of Education
http://www.nasbe.org/HealthySchools/physical_activity.html
• National Coalition to Abolish Corporal Punishment in Schools http://www.stophitting.com/disatschool/
• The 1988 Program Advisory on Corporal Punishment http://www.pesoftware.com/Resources/exercise.html
• Topics in Nutrition. Hershey Foods Corporation. http://www.hersheys.com/nutrition/interventions.html

70. Henry Wadsworth Longfellow:
The heights by great men
reached and kept
were not attained by sudden
flight,
but they, while their companions
slept,
were toiling upward in the night.
Once again my WARMEST
WELCOME TO ALL!