CHAPTER 4.

Legal Bases of the Teaching Profession

This chapter focuses on the legal bases of the teaching profession. It will start with the
discussion of the Magna Carta for Teachers followed by a discussion of the Professional Code of Ethics or
Teachers, and some excerpts of duties of teachers based on the Manual of Regulations for Private
Schools. Understanding the legal bases of the teaching profession will help teachers and student
teachers in knowing their duties, asserting their rights, and in guiding them how to act as professionals.
The objectives of this chapter are the following:
 Discuss the specific duties of professional teachers based on existing laws and
regulations;
 Analyze various legal issues and challenges related to the teaching profession; and
 Appreciate teachers and other educators who are perform their duties with the highest
level of professionalism.

Article XIV of 1987

Constitution
R.A. 7836
and
R.A. 4670 R.A. 9293
LEGAL BASES OF THE TEACHING
PROFESSION
Batas Pambansa
232 R.A. 10533

Code of Ethics for

Professional Teachers

Article XIV of the 1987 Republic of the Philippines Constitution

To fully appreciate the legal bases of professionalizing teaching in the Philippines, it is important to
examine the constitutional basis of Philippine education. Article XIV of the 1987 Constitution provides
the general framework for education in the country. It shows how the state recognizes the importance
of education, science and technology, cultural development, and sports and wellness in the life of the
state and of the people. Article XIV embodies the utopian and economic goal of education of the
Philippines.
 Section 1 presents the enduring commitment of the Philippines to provide quality education to
all its citizens. A commitment to build a nation with functionally literate, educated, and
productive citizens. It is a statement that shows how the country values the education and
development of its citizens.
 Section 2 discusses the commitment of the state to provide access to quality education for all
levels from preschool to tertiary. It elucidates the function of the state to develop an education
system that focuses on formal education, non-formal education, alternative learning system,
and indigenous learning system. To support this provision, Section 2 states that the state will
provide financial assistance and efficient student-support system to deserving students.
 Section 3 provides a framework for enduring values, knowledge, and skills that need to be
emphasized in all the contents of the curriculum.
 Section 4 provides guidelines in the establishment and management of educational institutions
in the country. it emphasizes that all educational institutions other than those established by
religious groups and mission boards, shall be owned solely by citizens of the Philippines or in the
case of corporations and associations, at least majority of the shares (60%) should be owned by
Filipino citizens.
 Section 5 reiterates the need to consider regional and sectoral needs and conditions in planning
and in the development of educational policies. It enshrines the spirit of academic freedom for
tertiary education, the right of citizens to choose their profession or field of study, the right of
 teachers and school personnel to professional advancement, and putting highest budgetary
support to education.
 Section 6 to Section 9 focus on the development and promotion of Filipino as the national
language and as a medium of instruction. These sections also recognize the importance of other
local and foreign languages.
 Section 10 to Section 13 focus on the importance and promotion of science and technology in
the Philippines. It reiterates the importance of developing a culture of science and innovation
among the Filipino people.
 Section 14 to Section 18 discuss the development and promotion of Filipino culture that
includes various cultural practices, traditions, beliefs, and indigenous knowledge of the different
cultural groups and regions in the country.
 Section 19 R.A. 4670 provides the framework for promoting and developing sports programs for
the wellbeing of the Filipino people.

Critical Questions. Reflect and write your answers on the following questions:

1. How are the provisions of Article XIV of the 1987 Philippine Constitution reflected in the K-12
education program?

2. What education programs were developed and implemented to support this constitutional
provision?

3. What should the government do to further improve the quality of Philippine education?

Batas Pambansa
Batas Pambansa 232, otherwise known as the Education Act of 1982 was signed into law by
President Ferdinand E. Marcos. Sections 10, 11, and 16 of this law are helpful in understanding the rights
and duties of teachers.
Section 10. Rights of all School Personnel. In addition to other rights provided for by law, all
school personnel shall enjoy the following rights:
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.
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.
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.
4. The right to be free from involuntary contributions except those imposed by their own
organizations.
 Section 11. Special Rights and/or Privileges of Teaching and Academic Staff. Further to the rights
mentioned in the preceding Section, every member of the teaching or academic staff shall enjoy the
following rights and/or privileges:

1. The right to be free from compulsory assignments not related to their duties as defined in their
appointments or employment contracts, unless compensated therefore, comfortably to the
existing law.
2. The right to intellectual property consistent with applicable laws.
3. Teachers shall deemed persons in authority when in the discharge of lawful duties and
responsibilities, and shall, therefore, be accorded due respect and protection.
4. Teachers shall be accorded the opportunity to choose alternative career lines either in school
administrations, in classroom teaching, or others, for purposes of career advancement.
5.
Source: Section 10 to 11, Batas Pambansa 232

Section 16. Teacher’s Obligations. Every teacher shall:

1. Perform his duties to the school by discharging his responsibilities in accordance with
the philosophy, goals, and objectives of the school.
2. Be accountable for the efficient and effective attainment of specified learning objectives
in pursuance of national development goals within the limits of available school
resources.
3. Render regular reports on performance of each students and to the latter and the
latter’s parents and guardians with specific suggestions for improvement.
4. Assume the responsibility to maintain and sustain his professional growth and
advancement and maintain professionalism in his behavior at all times.
5. Refrain from making deductions in students’ scholastic rating for acts that are clearly
not manifestations of poor scholarship.
6. Participate as an agent of constructive social, economic, moral; intellectual, cultural and
political change in his school and the community within the context of national policies.

Source: Section 16, Batas Pambansa 232

Critical Questions. Reflect and write your answers on the following questions:

1. How does the state protect the rights of teachers?

2. Interview teachers. How do they perform their duties in the school and in their specific
community?