OCTOBER 2030

Chapter 5:Teacher's
Rights,Privileges,Obligations
and Accountabilities
"Knowledge is power.As educators we know
that,and we try to teach it.All too often
thoughgh,we don't even know the rights we have
on the job."-United Federation of Teachers

Reporter:Imperial,Carissa Mae A.
 INTRODUCTION

The enjoyment of rights or privileges and the performance

of obligations and accountabilities are inherent in all
professions.Teaching as profession is not an
exemption.Like all professionals teachers enjoy numerous
rights and privileges.They are also obliged and accountable
to ensure the delivery of quality service to
learners,state,society,parents,and community members.
 Definition of a "Teacher" according to Educational Laws

"Teacher" is defined in various ways in the educational laws of the

country.This differing definitions are contained in the following:

1. According to the Code of Ethics for Professional Teachers (R.A NO.7836),the term
"teacher" shall include industrial arts or vocational teachers and all other persons
performing supervisory and or administrative functions in all schools at the
aforesaid levels whether on full time or part-time basis.

2. Based on Republic Act No.4670,other wise known as Magna Carta for Public
School Teachers,the term "teacher" shall mean all persons engaged in
classroom teaching,in any level of instruction,on full-time basis,including
guidance counselors,school librarians,industrial arts or vocational instructors
and all other persons performing supervisory and/or administrative functions
in all schools,colleges and universities operated by the Government or its
political subdivisions;but shall not include school nurses,school
physicians,school dentist,and other school employees.

3. The preamble of Code of Ethics
for Professional Teachers defines
teachers as duly licensed
professionals who possess dignity
and reputation with high moral
values as well as technical and
professional competence in the
practice of their noble profession
and they strictly adhere to observe
and practice this set of ethical and
moral priciples,standards,and
values.
4. According to the Republic Act
No.7836 otherwise known as "An Act
to Strengthen the Regulation and
Supervision of the Practice of
Teaching in the Philippines and
prescribing a Board Licensure
Examination for Professional Teachers
and for other Purposes",teacher
refers to all persons engaged in
teaching at the elementary and
secondary levels,whether on full time
or part time basis,including indutrial
arts or vocational teachers and all
other persons performing supervisory
and/or administrative functions in all
schools in the aforesaid levels and
qualified to practice teaching under
this Act.
 The Rights and Privileges of Filipino
Teachers

Teachers enjoy a number of rights by virtue of their profession and

in recognition of their vital role in the society.Few of these rights
and/or privileges are those that are defined in Education Act of
1982,Magna Carta for Public School Teachers and the Code of
Ethics for Professional Teachers.
Rights
Rights are actions that individual's
incharge to maintain harmonious
relationships between and among
themselves.Technically,a right is a
both a claim and a duty.This means
that a right bestows certain freedom
to individuals,groups or
institutions.On the other hand it also
imposes duties whenever they claim
these rights.
Different laws guarantee
the rights,welfare,and
protectionof teachers in the
exercise of their
profession.The enjoyment
of these rights however
imposes a corresponding
duty to uphold the nobility
of their profession by
striving for competence
and excellence in teaching.
 Special Rights and Privileges of Filipino Teachers

The Philippine state recognize the status of teachers as professionals.In

this regard,it enacted Education Act of 1982 othrwise know as Batas
Pambansa Blg.232 or "An Act Providing for the Establishment and
Maintenance of an Integrated System of Education".The special rights
and/or privileges of a Filipino Teachers are enshrined in Secrion 11 of the
Act which discussed as follows:
1. The right to be free from compulsory assignments not related to their
duties as defined in their appointment or employment contracts,unless
compensated thereof,conformably to existing law.

2. The right to intellectual property consistent with applicable laws.

3. Teachers shall be accorded the opportunity to choose alternative career

lines in school administration,in classroom teaching,or others,for purposes
of career advancement.

4. Teachers shall be deemed persons in authority when in

discharge of lawfull duties and responsibilities and
shall,therefor,be accorded due respect and protection.
 Teachers as "Persons in Authority"

Priscilliano Bauzin (2006) asserts that "teachers,in essence,are not

person in authority since they are not directly vested with jurisdiction
or power to govern and execute the laws.But by "legal fiction"
provoded by Commonwealth Act 578 duly amended by Article 512 of
the Revised Penal Code,teachers became person in authority.
 Persons in Authority Protection
The act of boxing,hitting,attacking,and slapping teachers by learners
and their parents is not just plain physical injury but a direct assault of a
person in authority,This offense is punishable by imprisonment up to six
years of prison correccional.Before the enactment of Article 512 of the
Revised Penal Code of the Philippines,these act were just considered a
"light felony" punishable by imprisonment of not more than thirty (30)
days.
 Liabilities of "Persons in Authority"

While article 512 of the Revised Penal Code elevate the status,dignity,and homor of
teachers as persons in authority,it nonetheless aggravates the crime committed by
them.This squares well with the statement,"to whom much is given,much is also
expected".In,effect,the teacher is liable for qualified seduction punishable by prision
correctional in its medium period (6 months and 1 day to 4 years and 2 months
imprisonment) instead of simple seduction which is just punishable only by arresto
mayor (1 month to 6 months imprisonment).Seduction is having carnal knowledge of
virgin over 12 years and under 18 years of age whose education or custody has been
entrusted to a teacher.
 Limits of the Power of "Persons in Authority"

The following are the conditions under which teachers cannot use their status as
persons in authority:
(a) when a teacher goes out of his classroom to talk to a person on matters not related
to school or his duties;
(b) when on these occasions,a person assaults him;and
(c) when he is not engaged in the performance of his official duties as a teacher and
when on such occasion,a person assaults him too
 Other Rights of Teachers

The following are the rights of teachers as provided by the Magna Carta for Public School
Teachers:

1. No Discriminition (Article 2 Section 10).There shall be no discriminition whatsoever in the

entrance to the teaching proffesion,or during its exercise,or in the terminition of
services,based on other than proffesional consideration.

2. Employment of married teachers under the same locality (Article 2 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.
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Reporter:Imperial,Carissa Mae A.