Southern Luzon State University

College of Graduate Studies

SY 2011-2012

ASSIGNMENT IN LEGAL ASPECTS

OF EDUCATION

Submitted to:
Walberto Macaraan, Ph.D.

Submitted by:
Jennifer L. Magboo
MAEd

I. Define the following terms.

1. Career vs. Non-career position
A career is often composed of the jobs held, titles earned and work accomplished over a
long period of time, rather than just referring to one position.

Positions in the Civil Service shall be classified into career service and non-career service.

Career Service- shall be characterized by (1) entrance based on merit and fitness to be
determined as far as practicable by competitive examinations, or based on highly technical
qualifications; (2) opportunity for advancement to higher career positions; and (3) security of
tenure.

Non-Career Service -shall be characterized by (1) entrance on bases other than those of the
usual tests of merit and fitness utilized for the career service; and (2) tenure which is limited to a
period specified by law, or which is coterminous with that of the appointing authority or subject
to his pleasure, or which is limited to the duration of a particular project for which purpose
employment was made.

2. Open vs. Closed career position

The Career Services shall include:

Open Career positions for appointment to which prior qualification in an appropriate

examination is required.

Closed Career positions which are scientific or highly technical in nature; these include the
faculty and academic staff of state colleges and universities, and scientific and technical
positions in scientific or research institutions which shall establish and maintain their own merit
systems.

3. Bill of rights vs. Right to bail

Bill of rights is a list of the most important rights of the citizens of a country. The purpose of
these bills is to protect those rights against infringement. Any person accused of committing a
crime is presumed innocent until proven guilty in a court of law. Therefore a person charged
with a crime, should not be denied freedom unless there is a good reason.

Right to bail, under current law, a defendant has an absolute right if the custody time limits have
expired and otherwise ordinarily a right to bail unless there is sufficient reason not to grant it.
The main reasons for refusing bail are that the defendant is accused of an imprisonable offence
and there are substantial grounds for believing that the defendant would: abscond, or commit
further offences whilst on bail, or interfere with witnesses.
The court should take into account: the nature and seriousness of the offence or default (and the
probable method of dealing with the defendant for it), the character, antecedents, associations
and community ties of the defendant, the defendant's bail record, and the strength of the
evidence.

4. Procedural vs. Substantive due process

Due Process Clause serves two basic goals.  One is to produce, through the use of fair
procedures, more accurate results: to prevent the wrongful deprivation of interests.  The other
goal is to make people feel that the government has treated them fairly by, say, listening to their
side of the story. The distinction arises from the phrase "due process of law" aims to protect
individuals from the coercive power of government by ensuring that adjudication
processes under valid laws are fair and impartial (e.g., the right to sufficient notice, the right to
an impartial arbiter, the right to give testimony and admit relevant evidence at hearings, etc.).

Procedural due process cases do not focus on whether a liberty right or an economic right is at
stake. Any deprivation of life, liberty, or property will be subjected to the same level of scrutiny,
although as we shall see, the nature of the right involved does affect the outcome.

Substantive due process aims to protect individuals against majoritarian policy

enactments which exceed the limits of governmental authority—that is, courts find the majority's
enactment is not law, and cannot be enforced as such, regardless of how fair the process of
enforcement actually is.

5. Warrant of Arrest versus Search Warrant

Warrant of Arrest is a warrant issued by a Judge on behalf of the state, which authorizes

the arrest and detention of an individual, or the search and seizure of one's property. The warrant
is issued upon a sworn declaration by the district attorney, a police officer or an alleged victim
that the accused person committed a crime. An arrest warrant founded on probable cause gives
the arresting officer the limited authority to enter a dwelling in which the suspect lives when
there is reason to believe the suspect is within.

Search Warrant is a judicial document that authorizes police officers to search a person or
place to obtain evidence for presentation in criminal prosecutions. Police officers obtain search
warrants by submitting affidavits and other evidence to a judge or magistrate to
establish Probable Cause to believe that a search will yield evidence related to a crime. If
satisfied that the officers have established probable cause, the judge or magistrate will issue the
warrant.
II. Answer the following situations.

1.How would you resolve the issue of reinstating an employee or a teacher who by his appeal in
court for the offense that causes for his dismissal won and were absult in the case?

There are various situations that will determine the legality of the employee’s actions.

The decision of the Labor Arbiter reinstating a dismissed or separated employee, insofar

as the reinstatement aspect is concerned, is immediately executory, even pending appeal. It
means that the employee should be reinstated immediately, and not be made to wait until the
outcome of the appeal. The basis for this is found in paragraph 3 of Article 223, of the Labor
Code of the Philippines.

“In any event, the decision of the Labor Arbiter reinstating a dismissed or separated
employee, insofar as the reinstatement aspect is concerned, shall immediately be executory, even
pending appeal. The employee shall either be admitted back to work under the same terms and
conditions prevailing prior to his dismissal or separation or, at the option of the employer, merely
reinstated in the payroll. The posting of a bond by the employer shall not stay the execution for
reinstatement provided herein.”

In case that his previous position was occupied by another qualified person, he cannot
return to his original work but it is his right to have another job related to his previous one. The
school must provide him another opportunity to return to since he was already absulted in the
case.
In case that the position is still vacant, he can reapply for it following a certain process. If
the employer had given him the formal notice that he must leave his work during the court trial
or given a period of time to report to office, the school can no longer honor his reinstatement.

2. What process you may do to ensure efficiency in managing a school to prevent or solve the
conflict among your teachers. What should be done in case that there was a conflict or dispute
arising caused by contested promotion?

Many work environments foster competition among employees for sales, promotions,
performance and in other areas. Although the competition may be helpful to the organization in
gaining revenue, it can cause negativity and result in employees pitting against one another
instead of working together to reach a common goal. Establishing camaraderie in the workplace
benefits everyone and even can help the organization exceed its expectations.

Proper orientation is one of the best possible ways on maintaining the good relationship
among employees. It enables you to establish and heed early warning signals that all is not well.
You receive employee complaints, do exit interviews with employees who leave, and know the
reputation of your organization in your community.

Issues in promotion could be resolve by explaining the nature and grounds for the
promotion. Proper explanation could be executed.