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CODE OF ETHICS

FOR
PROFESSIONAL
TEACHERS
AND RELATED
JURISPRUDENCE
Legal Section
Division of Negros Occidental

Objectives
Improve the ethics of the teaching profession;
Improve regulation and control of teachers
misconduct;
Protect students from unethical conduct of
teachers;
Promote a positive image of the teaching
profession;
Promote a feeling of professional identity
among teachers;
Improve the quality of teaching.

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Standards for the behavior


and professional practice
of teachers

Code of
conduct
Code of ethics
A set of
inspirational
goals based
around values

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A more detailed
set of standards
for professional
and personal
conduct based
on the values set
in the code of
ethics

Standards of
professional
practice
A set of
standards, which
apply to all
registered
teachers, that
articulate what all
teachers should
be able to do
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REFERENCES
RA 6713- Code of Conduct and Ethical
Standard for Public Officers and
Employees

Civil Service Law


Jurisprudence

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Code of Ethics for


Professional Teachers
Board Resolution No. 435, series of 1997
Board for Professional Teachers

THE CODE:
Preamble
13 Articles
62 Sections

PREAMBLE
Teachers are duly licensed professionals
who possesses 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 principles, standards, and
values.

VIOLATION OF CODE OF ETHICS FOR


PROFESSIONAL TEACHERS

Joseph Santos vs. NLRC, Hagonoy Institute, Inc.


As teacher, (one) serves as an example to
his/her pupils xxx.
Consequently xxx teachers must adhere to the
exacting standards of morality and decency. xxx A
teacher both in his official and personal conduct
must display exemplary behavior.
He must freely and willingly accept restrictions on
his conduct that might be viewed xxx the personal
behavior of teachers, IN AND OUTSIDE THE
CLASSROOM, must be beyond reproach xxx they
must observe a high standard of integrity and
honesty.

DUTY OF TEACHERS
(Based on Law)
As an EDUCATOR

1987 Constitution states:


x x x The State shall protect and promote
the right of all citizens to quality education at
all levels and shall take appropriate steps to
make such education accessible to all.
Article XIV, Section 1

As a PARENT

The school, its administrators and teachers, x x x


engaged in child care shall have special parental
authority and responsibility over the minor child while
under their supervision, instruction or custody.
Article 218 of the Family Code

Those given the authority and responsibility


under (Article 218) shall principally and solidarily
liable for damages caused by acts or omissions of
the unemancipated minor.
Article 219 of the Family Code

Principal Duty or Obligation is To Ensure


Quality Education
What is QUALITY EDUCATION?

x x x making sure that basic education is really


solid, because if it is not solid, it affects the quality of
secondary education. If secondary education is poor,
then the person goes to college unprepared for college
work. And if he is allowed to graduate again with a
poor quality college education, he goes to university
professional education even more unprepared.
Rev. Fr. Joaquin Bernas, SJ
Constitutionalist

In short

A school, before promoting or


graduating a student, must be sure that
he/she (the student) is functionally literate
to go through next higher level.

To ensure Quality Education:


1) Must be COMPETENT and EFFICIENT
Code of Ethics for Professional Teachers, Article IV, Section 2

Every teacher shall uphold the highest


possible standards of quality education,
shall make the best preparation for the
career of teaching, and shall be at his
best at all times in the practice of his
profession.

BP 232 (Education Act of 1982), Section 16 (2)


provides
The teacher shall xxx be accountable for
efficient and effective attainment of specified
learning objectives xxx.
Code of Ethics further mandates that
Every teacher shall participate in the
continuing professional education (CPE)
program of the PRC, and shall pursue such
other studies as will improve his efficiency,
enhance the prestige of the profession, and
strengthen his competence, virtue and
productivity in order to be nationally and
internationally competitive.

A teacher shall ensure


that conditions contributive
to the maximum
development of learners
are adequate and shall
extend assistance in
preventing or solving
learners problems and
difficulties.
(Article IV, Section 3)

In short

A teacher is expected to be efficient and


competent in the performance of his academic
duties at all times.
Otherwise,
A teacher who has consistently shows his
inability to efficiently perform his duties and
responsibilities, within a common performance
standards should not be allowed to stay in
school xxx.
It is further provided as just cause of terminating a
faculty

Gross inefficiency and incompetence in the


performance of his duties xxx.

Hence, the SC held in Evelyn Pea vs.


NLRC that

x x x schools can
set high standards of
efficiency for its
teachers since quality
education is a
mandate of the
Constitution xxx
security of tenure xxx
cannot be used to
shield incompetence.

2) Must EVALUATE LEARNERS


(i) Duty to give grades/evaluation
Section 16(3) of BP 232, TEACHER
SHALL

Render
regular
reports
on
performance of each student and to the
latter and to the latters parents and
guardians with specific suggestions for
improvement.
and...
Must promptly render or give grades.
Otherwise, the unjustified or unreasonable
delay in giving grades constitutes gross
neglect of duty.

In the case of University of the East vs.


Romeo A. Jader, the SC declared
It is the contractual obligation of the school
(through the teachers) to TIMELY INFORM
AND FURNISH sufficient notice and information
to each and every student as to whether he/she
had already complied with all the requirements
xxx.
The negligent act of a teacher who fails to
observe the rules of the school, for instance, by
not promptly submitting a students grade is not
only imputable to the teacher but is an act of
the school being his/her employer xxx.

In evaluating/giving grades the following


rules of conduct must be observed
Code of Ethics provides

A teacher has the duty to determine the


academic marks and the promotion of
learners in the subject they handle. Such
determination shall be in accordance with
generally accepted procedure of evaluation
and measurement on case of any complaint,
teachers concerned shall immediately take
appropriate action, observing the process.

Under no circumstances shall a teacher


be prejudiced nor discriminatory against any
learner.
A teacher shall not accept favors or gifts
from learners, their parents or others in their
behalf
in
exchange
for
requested
concessions, especially if undeserved.
A teacher shall base the evaluation of the
learners work on merit and quality of
academic performance.

(i) In computing the grades


Section 16 (5) of BP 232 mandates that a
teacher shall

Refrain from making deductions or


additions in students scholastic ratings for
acts that are clearly not manifestations of xxx
scholarship.
Hence, Section 79 of the MRPS

Basis for Grading. The xxx grade or


rating xxx in a student should be based
SOLELY on his scholastic performance. Any
addition or diminution to the grade in a
subject
for
co-curricular
activities,
attendance, or misconduct shall NOT be

Code of Ethics provides

A teacher shall not xxx make deductions


from their scholastic ratings as a punishment
for acts which are clearly not manifestations of
poor scholarship.
Thus, it is not a matter of discretion on the part of
the teachers in the giving of the students grades, but
rather it is a clear obligation for the teachers to
determine student academic marks solely based on
scholastic performance. For a teacher to do
otherwise, would be serious academic malpractice
or grave misconduct in the performance of his/her
duties.

In Padilla vs. NLRC, SBC the Supreme


Court said

This Court is convinced that


the pressure and influence
exerted by (a teacher) on his
colleague to change a failing
grade to passing one xxx
constitute serious misconduct
which is a valid ground for
dismissing an employee.

B. As a PARENT: Principal Duty to Exercise


Parental Authority and Responsibility

Article 218, Family Code provides

The school, its administrators


and teachers xxx engaged in child
care shall have special parental
authority and responsibility over the
minor child while under their
supervision, instruction or custody.

Code of Ethics states

A teacher shall recognize that


the interest and welfare of learners
are his first and foremost concern,
and shall handle each learner justly
and impartially.

Parental Authority to Discipline

As parents, the teachers shall use


discipline not to punish but to correct,
not to force, but to motivate; and not to
obey with rigid cadence, but to choose
to follow the right way.
Hence, teachers cannot generally
use methods of punishing or such
degree of penalties that a good mother
or a good father would not likely use on
her/his own children.

Corporal Punishment - Article 233 (2nd par.)

In no case x x x inflict corporal


punishment upon the child.

Definition: An act that inflict pain or harm


upon a childs body as punishment for
wrong doing usually through beating
and spanking
Elements:
(a)
(b)

physical contact
to inflict pain

VIII,

8. A teacher shall
not inflict corporal
punishment on
offending learners nor
make deductions from
their scholastic ratings
as a punishment for
acts which are clearly
not manifestations of
poor scholarship.

Sale of Tickets; Collection of Contribution/


Donations from Pupils / Parents
BP 232, Sec. 9 (9) - students have right to be free from (voluntary) involuntary
contributions

Improper or unauthorized
solicitation of contributions from
subordinate employees and by
teachers or school officials from
school children
VIII, 5. A teacher shall not accept,
directly or indirectly, any remuneration
from tutorials other than what is
authorized for such service.

Anita Y. Salvarria vs. Letran College, et


al.
(296 SCRA 184)
The Supreme Court declared-Petitioner contended that her
dismissal was arbitrarily xxx, having
been effected without just cause, on
the premise that the solicitation of
funds xxx was initiated by the
students and that her participation
was merely limited to approving the
same. xxx

If there is one person more


knowledgeable of xxx policy against
illegal exactions from students, it
would be xxx Salavarria.
Hence, regardless of who initiated
the collections, the fact that the
same was approved or indorsed by
petitioner, made her in effect the
author of the project.

xxx (Department of Education)


considers the act of teachers in xxx
contracting loans from parents of their
students xxx not only serious
misconduct but xxx violation of
students right to be free from
involuntary contribution xxx.
- USEC Nachura, 13 Feb. 98

Parental Responsibility

The student / pupil while in school,


is in the custody and hence, the
responsibility
of
the
school
authorities as long as he is under the
control and influence of the school,
whether the semester
has not yet begun
or has already ended.

In Amadora vs. CA, the Supreme Court said--

Even if the student is just relaxing


in the campus in the company of his
classmates, x x x the student is still
within the custody and subject to the
discipline and responsibility of the
teachers x x x.

Hence--

A teacher required to exercise


special parental authority but who
fails to observe all the diligence of
a good father of a family in the
custody and care of the pupils and
students, shall be held liable for
gross neglect of duty.

The Court takes this opportunity to


pay a sincere tribute to the school
teachers, who are always at the forefront
in the battle against illiteracy and
ignorance. If only because it is they who
open the minds of their pupils to an
unexplored world awash will the magic of
letters and numbers, which is an
extraordinary feat indeed, these humble
mentors deserve all our respect and
appreciation.

Chiang Kai Shek


G.R. No. 58028

A teacher is, above all, a human being endowed with life for
which it is the highest obligation to live with dignity at all times
whether in school, in the home, or elsewhere.
A teacher shall place premium upon self-discipline as the primary
principle of personal behavior in all relationships with others and
in all situations.
A teacher shall maintain at all times a dignified personality which
could serve as a model worthy of emulation by learners, peers
and all others.
A teacher shall always recognize the Almighty God as guide of
his own destiny and of the destinies of men and nations.
Article XI: The Teacher as a Person

Article XII: Disciplinary Actions


Section 1. Any violation of any provision of this code shall be
sufficient ground for the imposition against the erring teacher of
the disciplinary action consisting of revocation of his Certification
of Registration and License as a Professional Teacher,
suspension from the practice of teaching profession, or
reprimand or cancellation of his temporary/special permit under
causes specified in Sec. 23, Article III or R.A. No. 7836, and
under Rule 31, Article VIII, of the Rules and Regulations
Implementing R.A. 7836.

-END-

Halleys Comet
A memorandum, as it goes
down the chain of command
in an educational institution.

SUBJECT : Operation Halleys Comet


FROM
: Chairman of the Board of Trustees
TO
: The President

Tomorrow evening at approximately eight


(8) p.m., Halleys Comet will be visible in this
area, an event which occurs only once every
seventy five (75) years. Have the students
fall out in the football field in uniforms and I
will explain this rare phenomenon to them.
In case of rain, we will not be able to see
anything, so assemble the students in the
auditorium and I will show them film of it.

FROM
TO

: The President
: Vice President for Academic Affairs

By order of the Chairman of the Board,


tomorrow, at eight in the evening, Halleys
Comet will appear above the football field,
if it rains, fall the students out in uniforms.
Then lead them to the auditorium where
the rare phenomenon will take place,
something which occurs only once every
seventy five years.

FROM
TO

: Vice President for


Academic Affairs
: College Dean

By order of the Chairman of the Board,


in uniform, at eight oclock in the evening
tomorrow, the phenomenal Halleys Comet
will appear in the auditorium. In case of
rain in the football field, the Chairman of
the Board will give another order,
something which occurs once every
seventy five years.

FROM
TO

: Dean of College
: Academic Coordinators

Tomorrow at eight oclock in the


evening, the Chairman of the Board will
appear in the auditorium with Halleys
Comet, something which happens every
seventy-five years.
If it rains, the
Chairman of the Board will order the
COMET into the football area in uniform.

FROM
TO

: Academic Coordinators
: Department Heads

When it rains tomorrow at eight in the


evening, the phenomenal, seventy-five
year old Chairman Halley, accompanied
by the President will drive his Comet thru
the football field area theater in uniform.

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Group discussion 1
Identify major ethical
issues/dilemmas faced by
teachers in their daily work.

WARNING!
Try to be systematic
Try to be specific, referring to concrete examples
Try to prioritize malpractice / their seriousness and frequency

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56

Group discussion 2
Discuss mechanisms to report
misconducts at different levels of
the education system.

WARNING!
Try to be systematic
Try to be specific, referring to concrete examples
Try to prioritize malpractice / their seriousness and frequency

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