MAEd Code: 26

Subject: LEGAL ASPECTS OF EDUCATION

Instructions: Analyze each item carefully and critically then, answer each question
comprehensively. Provide theoretical, philosophical and legal bases/underpinnings to support
your point/stand. Use blue book for your answers

1. A teacher was formally charged for writing untruthful statements in the Personal Data Sheet (PDS)
she submitted to support her appointment. She indicated therein that she graduated from Holy Family
University with a degree of Bachelor in Elementary Education in 2009. Upon verification of her Official
Transcript of Records, it was found out that she was not conferred such degree as evidenced by the
letter of the university registrar.

She failed to submit her answer, despite receipt of the formal charge. Although she appeared during
the investigation, she waived her right to the assistance of a counsel of her choice. She admitted
during the formal investigation that what she wrote in the PDS so far as her educational attainment is
concerned is not true.

She admitted that she did not graduate from Holy Family University. However, she presented two
witnesses who did not say anything about her educational attainment but testified that she
contributed a lot in the development of their barangay.

You are to determine:

a. whether she was guilty or not,

 The fact that she actually admitted her wrong action during the formal investigation made her
GUILTY for the falsification of her true identity.
b. the administrative offense she committed,
 She used a fake identity just to get the position of being a teacher.
c. classification of her administrative offense,
 It is classified as GRAVE OFFENSE
d. the penalty that could be given her, and
 It is punishable by dismissal from the service for the first offense.
e. the accessory penalties that can be imposed on her.
 The accessory penalty would be suspension from any public office.
2. Discuss briefly how this is being implemented. The State may prescribe the conditions for the
establishment and operation of private schools but it may not interfere in the management of the
private schools nor control their policies in a manner that would result to their destruction.

 The state may monitor the status of all the private schools in the Philippines with the objective
to ensure that their Filipino students also have access to the quality education they deserve. The
state can also recommend changes in the curriculum when necessary. However, the state does
not have the rights to barge into their management and impose their policies in a way that it
would be a threat to the private institution.

3. R.A. 6713, otherwise known as the “Code of Conduct for Public Officials and Employees”, provides
the standards of personal conduct in the discharge and execution of duties of every public official and
employee. Discuss briefly any one of the following supported by an example.

a. Commitment to Public Service

 The public official must show dedication in serving his/her fellowmen and in attending to their
inquiries until they go through the transaction successfully.
 Example: A brgy. Captain being a mediator between the two opposing parties in their brgy until
they finally settle their concern and come up with a mutual understanding.
b. Professionalism
 Public official must uphold professionalism at all times even in times of emotional stress and
discomfort.
 An angry vehicle driver approached an MMDA officer because he believed that he did not
deserve the ticket for his parking violation. Despite of the heated conversation, the officer still
explained with calmness and professionalism, not putting his personal bias in the situation.
c. Justness and Sincerity
 Public officials must uphold the concept of being equal to their fellowmen because Philippines is
a democratic country and their power came from them.
 A city mayor patiently falling in line for him to ride the LRT to go to his office.
d. Political Neutrality
 Public officials must not let their personal bias in politics dominate the way they act before the
people. They must be aware at all times that it is important not to use their positions to
influence the minds of the voters.
 Public school teachers who serve during local and national elections.
e. Responsiveness to the Public
 Public officials must always attend to the inquiries of the people.
 A governor giving constant updates about the condition of their province during the pandemic.
4. To inform the civil servant concerned on the nature and cause of accusation so he can intelligently
prepare his defense or answer, what should a complaint contain?

Mr. Juan De Luna,

This is to inform you that the following are the criminal actions filed against you.

 Falsification of Public Documents

 Libel

Mr. Bautista filed the criminal actions stated above. As clearly stated, the penalty for the
crime of falsification is imprisonment of prision correccional in its medium and maximum
periods and a fine of not more than P5,000. The imprisonment that is imposed for a period
ranges from two years, four months and one day to six years. Libel, on the other hand, 353 of
the Revised Penal Code (RPC), “[a] libel is a public and malicious imputation of a crime, or of a
vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending
to cause the dishonor, discredit, or contempt of a natural or juridical person
All criminal actions commenced by a complaint or information shall be prosecuted under
the direction and control of the prosecutor. However, in Municipal Trial Courts or Municipal
Circuit Trial Courts when the prosecutor assigned thereto or to the case is not available, the
offended party, any peace officer, or public officer charged with the enforcement of the law
violated may prosecute the case. This authority cease upon actual intervention of the
prosecutor or upon elevation of the case to the Regional Trial Court.
You have the right to seek for a legal counsel and will remain innocent until proven guilty.

5. How would you go about in selecting the most deserving teacher candidate for promotion to a
vacant Principal position, if such would be based on “merit and fitness”?

 By giving all the teachers opportunity to submit all the supporting documents that will
confirm all the seminars and workshops they attended in the past with regards to
obtaining the principal position. The one with the most certifications will get the
position.