Teachers and their security of

tenure
and separation of teachers
from the service

RACHELLE ANN G. MENDOZA

Discussant
Magna Carta for Public School Teachers
(RA 4670)

● Section 5-Tenure of Office

● Section 7. Code of Professional
Conduct for Teachers
● Section 8. Safeguards in
Disciplinary Procedure. 
Section 5- ✓ Stability on employment and
Tenure security of tenure shall be

of Office assured the teachers as

provided under existing laws.

Subject to the provisions of Section three
hereof, teachers appointed on a provisional
status for lack of necessary civil service
eligibility shall be extended permanent
appointment for the position he is holding
after having rendered at least ten years of
continuous, efficient and faithful service in
such position.
√ the Secretary of Education shall formulate and
Section 7. 
prepare a Code of Professional Conduct for Public Code of
School Teachers.
√ A copy of the Code shall be furnished each Professional
teacher: Provided, however, That where this is not
possible by reason of inadequate fiscal resources of
Conduct
the Department of Education, at least three copies for Teachers
of the same Code shall be deposited with the office
of the school principal or head teacher where they
may be accessible for use by the teachers
 Every teacher shall enjoy equitable
safeguards at each stage of any Section 8. 
disciplinary procedure and shall have:
Safeguards
● a. the right to be informed,
in writing, of the charges; in
● b. the right to full access to Disciplinary
the evidence in the case; Procedure. 
 Every teacher shall enjoy equitable
safeguards at each stage of any Section 8. 
disciplinary procedure and shall have:
● c. the right to defend himself and to be
Safeguards
defended by a representative of his
choice and/or by his organization,
in Disciplinary
adequate time being given to the Procedure. 
teacher for the preparation of his
defense; and
 Section 8. 
Every teacher shall enjoy equitable
safeguards at each stage of any Safeguards
disciplinary procedure and shall have:
● D. the right to appeal to clearly in
designated authorities. Disciplinary
Procedure. 
Essence of
Securiry of
Tenure
 Under the Labor Code, employees enjoy
security of tenure. This simply means
that employees cannot be dismissed
unless for just or authorized cause. An
employee cannot simply be terminated
because the boss does not like the way he
looks.
 Law of
Dismissal
 A dismissal is when a contract of employment

between an employer and employee is terminated

by the employer. In other words, against the will of

the employee. The Labor Relations Act (“LRA”)

provides every employee with the right not to be

 Article 282 of
Labor Code of
the Philippines
Termination by employer.
An employer may terminate an employment for any of
the following causes:
a. Serious misconduct or willful disobedience by the
employee of the lawful orders of his employer or
representative in connection with his work;
b. Gross and habitual neglect by the employee of his duties;
c. Fraud or willful breach by the employee of the trust
reposed in him by his employer or duly authorized
representative;
d. Commission of a crime or offense by the employee against
the person of his employer or any immediate member of his
family or his duly authorized representatives; and
e. Other causes analogous to the foregoing.
Section 9 ✓ Stability on employment

Administrative and security of tenure shall

Charges. be assured the teachers as

provided under existing

laws.
Causes of disciplinary
action or dismissal
 Presidential
Decree No. 6
1972
 AMENDING CERTAIN
RULES ON DISCIPLINE
OF
GOVERNMENT OFFICI
ALS
AND EMPLOYEES
Revised Rules on Admi
rative Cases in the Civiln i s t
vice (RRACCS) S e r
 D e p E d O rd e r
No. 49, s. 2006
Revised Rules of Procedure
of the Department of
Education (DepED) in
Administrative Cases
 The disciplining authorities in the
Department of Education shall be the
Section 1. Secretary and the Regional Directors in
Disciplining their respective regions. The
Authority  Superintendents of Schools shall also be
the disciplining authorities for
administrative actions against non-
teaching personnel in their respective
school divisions.
 For disciplinary actions or administrative cases against
officers and employees of the Department of
Section 1. Education at its Central Office and against
Disciplining Presidential appointees, namely: Assistant
Superintendents, Superintendents, Assistant Regional
Authority  Directors, Regional Directors, Assistant Secretaries and
Undersecretaries of Education, the Secretary shall
have original and exclusive jurisdiction. Decisions of
the Secretary of Education over administrative cases
against said Presidential appointees shall be subject to
confirmation, disapproval or modification by the
President of the Philippines.
 An administrative complaint may be
filed for any of the following
grounds for disciplinary action:
• Dishonesty
Section 2.
• Oppression
Grounds for • Neglect of duty
Disciplinary • Misconduct
• Disgraceful and immoral conduct
Action    • Being notoriously undesirable
• Discourtesy in the course of official duties
 An administrative complaint may be
filed for any of the following
grounds for disciplinary action:
Section 2. • Inefficiency and incompetence in the performance of official
duties
Grounds for • Receiving for personal use of a fee, gift or other valuable
thing in the course of official duties or in connection
Disciplinary therewith when such fee, gift or other valuable thing is given
by any person in the hope or expectation of receiving a favor

Action   
or better treatment than that accorded other persons or
committing acts punishable under the anti-graft laws
• Conviction of a crime involving moral turpitude
 An administrative complaint may be
filed for any of the following
grounds for disciplinary action:
Section 2. • Improper or unauthorized solicitation of contributions
Grounds for from subordinate employees and by teachers or
school officials from school children
Disciplinary • Violation of existing Civil Service Law and Rules or
reasonable office ( regulations)

Action   
• Falsification of official documents
• Frequent unauthorized absences or tardiness in
reporting for duty, loafing or frequent unauthorized
absences from duty during regular office hours.
• Habitual drunkenness
• Gambling prohibited by law
 An administrative complaint may be
filed for any of the following
grounds for disciplinary action:
Section 2. • Refusal to perform official duty or render overtime
Grounds for service
• Disgraceful, immoral or dishonest conduct prior to
Disciplinary entering the service
• Physical or mental incapacity or disability due to

Action    immoral vicious habits

• Borrowing money by superior officers from
subordinates or lending by subordinates to superior
officers
• Lending money at usurious rates of interest
• Willful failure to pay just debts or willful failure to pay
taxes due the government
 An administrative complaint may be
filed for any of the following
grounds for disciplinary action:
Section 2. • Contracting loans of money or other property from
persons with whom the office of the employees
Grounds for concerned has business relations.
• Pursuit of private-business, vocation or profession
Disciplinary without the permission required by the Civil Service

Action   
rules and regulations
• Insubordination
• Engaging directly or indirectly in partisan political
activities by one holding a non political office.
• Conduct prejudicial to the best interest of the service
 An administrative complaint may be
filed for any of the following
grounds for disciplinary action:
Section 2. • lobbying for personal interest or gain in legislative
Grounds for halls or offices without authority
• Promoting the sale of tickets in behalf of private
Disciplinary enterprises that are not intended for charitable or
public welfare purposes and even in the fatter cases if
Action    there is no prior authority
• Nepotism as defined in Section 59, Chapter 8, Subtitle
A, Title I, Book V of E.O. No. 292
• Sexual Harassment as defined and penalized under
CSC Resolution No. 01-0940.
 A Grievance Committee is not allowed
to hear and decide administrative
Section 2. disciplinary cases. If a complainant
Grounds for charges the respondent with the
Disciplinary commission of administrative offenses,
the same shall be disposed of
Action    accordingly by the Disciplining Authority
Thank you!
 References:
Updated DepEd Administrative Cases Rules of Procedure – TeacherPH
Republic Act No. 4670 (lawphil.net)
*mc no. 01 s. 2017.pdf (csc.gov.ph)
mc15s2010.pdf (csc.gov.ph)
The Crime Of Falsification Of Documents - Law Firm in Metro Manila, Philippines | Corporate, Fam
ily, IP law, and Litigation Lawyers (ndvlaw.com)
Fonts used: Patrick Hand and Gochi