Education Act of 1982

Section 10: Rights of the

School Personnel
Rolito G. Asombra
Difference Between Rights and Privileges

According to License Lawyers, a right

cannot be legally denied and can be
possessed by a person without earning
or working for. On the other hand,
privilege can be given and taken away
considering various contexts.
Difference Between Rights and Privileges

Rights are entitlements in relation to

other people. It means that a certain
right of a person has to be protected,
fulfilled, enforced or not violated by
other people.
Classification of Rights

• Negative rights are “freedoms that

obligate others to not interfere with
a rightsholder’s actions”.
• Positive rights provide “a specific
good or service, obligating at least
one other person to ensure one’s
access to that good or service”.
Classification of Negative Rights

• Active rights are “rights one has to

act in a way that is free from the
interference of others.”
• Passive rights are “rights one holds
to not be treated in certain ways.”
Education Act of 1982, Section 10:
Rights of School Personnel

1. The right to free expression of

opinion and suggestions, and to
effective channels of communication
with appropriate academic and
administrative bodies of the school or
institution.
Education Act of 1982, Section 10:
Rights of School Personnel

It is supported by the Article III,

Section 4 of the 1987 Constitution
which states that “No law shall be
passed abridging the freedom of
speech, of expression, or of the press,
or the right of the people peaceably to
assemble and petition the government
for redress of grievances.”
Education Act of 1982, Section 10:
Rights of School Personnel

In connection to this, Department of

Education issued the DepEd Order No.
49, s. 2022 which reminded school
personnel to raise issues and concerns
regarding basic education through formal
and appropriate channels “without
resorting to any political or third-party
intervention or accommodation.”
Education Act of 1982, Section 10:
Rights of School Personnel

Supreme Court
General Register
95445 involves this
section of BP 232.
Education Act of 1982, Section 10:
Rights of School Personnel

2. The right to be provided with free legal service

by the appropriate government office in the case
of public school personnel, and through the
school authorities concerned in the case of private
school personnel, when charged in an
administrative, civil and/or criminal proceedings
by parties other than the school or regulatory
authorities concerned for actions committed
directly in the lawful discharge of professional
duties and/or in defense of school policies.
Education Act of 1982, Section 10:
Rights of School Personnel

Republic Act No. 9999 or the “Free Legal

Assistance Act of 2010” approved by former
President Gloria Macapagal-Arroyo provides
the Filipino legal assistance through Public
Attorney’s Office.
Education Act of 1982, Section 10:
Rights of School Personnel

Senate Bill 1202 which is an Act that

provides free legal assistance and
financial support to public school
teachers charged with election-related
offenses.
Education Act of 1982, Section 10:
Rights of School Personnel

DepEd Memorandum No. 125 or the

Dissemination of the Memorandum of
Agreement between the Department
of Education and the Integrated Bar
of the Philippines.
Education Act of 1982, Section 10:
Rights of School Personnel

3. The right to establish, join and

maintain labor organizations and/or
professional and self-regulating
organizations of their choice to promote
their welfare and defend their interests.
Education Act of 1982, Section 10:
Rights of School Personnel

Executive Order No. 180 which provides

guidelines for the exercise of the right to
organize of government employees union,
creating a public sector labor-management
council and for other purposes.
Education Act of 1982, Section 10:
Rights of School Personnel

DepEd Memorandum No. 83, s. 2014 and DepEd

Memorandum No. 069, s.2019 which is about the
recognition of the Collective Negotiation
Agreement (CNA) between Department of
Education (DepEd) Management and DepEd
National Employees’ Union (NEU).
Education Act of 1982, Section 10:
Rights of School Personnel

4. The right to be free from

involuntary contributions except
those imposed by their own
organizations.
Education Act of 1982, Section 10:
Rights of School Personnel

The Department of Education issued the DepEd Order No.

5, s. 1992 which is about the policy on solicitation of
contributions. It is a reminder that it is absolutely
prohibited to request/solicit monetary contributions
especially from teachers or students for any programs,
projects, meets, etc. for which no funds are available or
allocated. Administrative charges will be the penalty of the
violators.
References

• https://caul-cbua.pressbooks.pub/aep/chapter/rights-and-privileges/

• https://lawphil.net/judjuris/juri1991/aug1991/gr_95445_1991.html

• https://legacy.senate.gov.ph/lis/bill_res.aspx?congress=15&q=SBN-1202

• https://thelicenselawyers.com/laws-regulations-connecticut-lawyer/rights-privileges/#:~:te
xt=A%20right%20is%20something%20that,available%20only%20to%20certain%20people
.

• https://www.deped.gov.ph/1992/01/17/do-5-s-1992-policy-on-solicitation-of-contributions
/

• https://www.deped.gov.ph/wp-content/uploads/2018/10/DM_s2010_125.pdf
• https://www.officialgazette.gov.ph/1987/06/01/executive-order-no-180-s-1987/