1. What is the concept of academic freedom in the Philippines?

Academic freedom consists of a very broad range which Philippine laws

and jurisprudence have rarely restricted, thus it would seem that the institution
indeed has the freedom to implement any policy it decides. To excerpt the
Philippine Constitution ensures the right of academic freedom (Art. XIV, Sec. 5
(2)). This consists of “four essential freedoms of the university: the right of the
institution to determine for itself on academic grounds (a) who may teach; (b)
what may be taught; (c) how it shall be taught; and (d) who may be admitted to
study” (Pimentel v LEB, 2019). Regarding these, the university has autonomy,
and the State generally does not interfere.

In relation to this, is the right to education, which is protected in

international law and by the Constitution— “The State shall protect and promote
the right of all citizens to quality education at all levels, and shall take appropriate
steps to make such education accessible to all.” (Art. XIV, Sec. 1) this basic
human right does not mean unrestrained access to any institution, rather while,
“students have a right “to freely choose their field of study” such right is subject to
the established academic and disciplinary standards laid down by the academic
institution”

However, considerations should be made because of the exigencies of the

situation. The right to education should not be interrupted now, especially
because of difficulties beyond the students’ control. Universities should not forget
that in the time of a pandemic, empathy and understanding should be the priority.

2. Discuss briefly not more than three paragraphs the nature effect and
purpose of the legal provisions declaring teachers persons in authority

In applying the provisions of this REVISED PENAL CODE OF THE

PHILIPPINES: Art. 152., any person directly vested with jurisdiction, whether as
an individual or as a member of some court or governmental corporation, board,
 or commission, shall be deemed a person in authority. A barrio captain and a
barangay chairman shall also be deemed a person in authority. A person who, by
direct provision of law or by election or by appointment by competent authority, is
charged with the maintenance of public order and the protection and security of
life and property, such as a barrio councilman, barrio policeman and barangay
leader and any person who comes to the aid of persons in authority, shall be
deemed an agent of a person in authority.

It is originally conceived that law did not consider teachers a person in

authority. However, in one of the event way back before, there was a student
who slapped his teacher. In effect of this scenario, Articles 148 and 151 of this
code has an applied provisions on, teachers, professors and persons charged
with the supervision of public or duly recognized private schools, colleges and
universities, and lawyers in the actual performance of their professional duties or
on the occasion of such performance, shall be deemed persons in authority. (As
amended by PD No. 299, and Batas Pambansa Blg. 873. Wherein, Teachers
shall be deemed persons in authority when in the discharge of lawful duties and
responsibilities, and shall, therefore, be accorded due respect and protection. –
excerpt from BATAS PAMBANSA BLNG. 232 Education Act of 1982 Section 11.
Part 3

With that Act, teachers, professors and the persons charged with supervision of
educational institutions were raised to the rank of the persons in authority. The
intent and spirit behind the amendment are very obvious. They are inherently
rooted in the very person of the teacher who is not merely an intellectual referee
in the intellectual playfield and in the market of ideas but a person of dignity and
respect.

3. Discuss briefly the legal wisdom and scope of teachers exercise of parental
authority over pupils in their custody.
 According to Tolentino “a teacher must not only be charged with teaching
but also vigilance over their students or pupils”. Without the parents to look after
their children when in school, it is the teacher who takes over in the supervision.
It is thus fitting that the basis of a teacher’s liability is the principle of “in loco
parentis”, which, according to Black’s Dictionary, means “in the place of a
parent”, “exists when a person undertakes care and control of another in
absence of such supervision by natural parents and in absence of formal legal
approval, and is temporary in character and is not to be likened to an adoption
which is permanent”.

According to Sangco, schools exercise their educational functional

principally through their administrators and teachers, while parents exercise their
parental authority by sending their children to school to comply with their duty to
educate them according to their means, as provided in Article 220 of the Family
Code, and Article 72 of the Child and Youth Welfare Code, as amended.
Consequently, when parents send their minor child to school, they must
necessarily pass on or share their parental authority, their custody over the child,
and the responsibility to educate their child properly with the school, its
administrators and teachers temporarily, as the latter shall assume such during
all the
4. State the primary purpose of education as mandated in the 1987
constitution of the Philippines
Section 1. The State shall protect and promote the right of all citizens to quality
education at all levels, and shall take appropriate steps to make such education
accessible to all.

5. Enumerate atleast 3 basic rights of students as primary stakeholders in our

educational system.
1. The right to receive, primarily through competent instruction, relevant
quality education in line with national goals and conducive to their full
development as person with human dignity.
 2. The right to freely chose their field of study subject to existing curricula
and to continue their course therein up to graduation, except in cases of
academic deficiency, or violation of disciplinary regulations.
3. The right to be free from involuntary contributions, except those
approved by their own he organizations or societies.

6. The 1987 constitution allows govt to form a union. Teachers are allowed to
take a union but prohibited to strike .discuss why not.

. When school boards and teachers’ associations cannot agree on a collective

agreement, an independent arbitration board makes the final decision. Strikes
and other service withdrawals by teachers are not permitted, nor are lockouts by
school boards.
For me, if our learner success is the top priority of our education system, teacher
strikes should never happen. No one can argue that students benefit when
teachers withdraw their services. Sadly, students often are punished in these
labor disputes that have nothing to do with them. Removing the right to strike
from teachers is in the best interests of all concerned.

7. In the hierarchy of legal rights of teachers what do you consider personally

as the remost important right for the purpose of achieving the mandate of
schools. Discuss

For me the right of having an Academic Freedom wherein, teachers shall

enjoy academic freedom in the discharge of their professional duties, particularly
with regards to teaching and classroom methods.

“It is the supreme art of the teacher to awaken joy in creative expression
and knowledge essential to the mission of the academy. As a teacher, we should
care about increasing the quality and flow of information and understanding in
 the world and for me academic freedom promotes these goals. More broadly,
academic freedom encompasses both the individual and institutional right to
maintain academic standards. Academic freedom gives also teachers a
substantial opportunity in deciding how to teach the courses for which they are
responsible.

8. Applying knowledge in basic law principles ,docrines legal concepts and

policy issues in solving a problematic area in my school /workplace.

Having a legal awareness or a the knowledge about basic laws and principles
can resolve issues it empowers teacher to demand justice, accountability and
effective remedies in different situation and scenario. The following are the pros of
having legal awareness and applying the knowledge in basic law principles
,docrines legal concepts and policy issues in solving a problematic situation but not
limited to;
it can recognize when a problem or conflict is a legal conflict and when a legal
solution is available;
it can know how to take the necessary action to avoid problems and where this is
not possible, how to help themselves appropriately;
it can know how and where to find information on the law, and be able to find
information that is accessible to them;
it can know when and how to obtain suitable legal assistance;
it can have confidence that the legal system will provide a remedy, and
it can understand the process clearly enough to perceive that justice has been
done.