ASIAN DEVELOPMENT FOUNDATION COLLEGE

TACLOBAN CITY

Republic of the Philippines

Region VIII

Asian Development Foundation College

TACLOBAN CITY

CONSOLIDATED WRITTEN
REPORT
1STSEM2324_GROUP 1

Course: Master of Arts in Education with

Specialization in Educational
Management

Instructor: Dr. Edward Y. Chua

Subject: EDUCATIONAL LEGISLATION (218)

Group Leader: Eduardo S. Amat

Master of Arts in Education with Specialization in

EDUCATIONAL LEGISLATION (218)
Educational Management
 ASIAN DEVELOPMENT FOUNDATION COLLEGE
TACLOBAN CITY

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References:

Aldava, B. (1976). The Educational System of the Philippines. University Publication Co.,
Inc., Manila.
Dizon, A. (1986). The Law on School and Students. The Philippine Relations Journal,
Quezon City.
Estrada, J.N.M. (2019). The Education Act A Compendium of the Philippine Education Law,
Jurisprudence, Practices, Policies, and Regulations. Rex Bookstore, Quezon City.
Gonzales, A. FSC (2004). Laws of Education and the Private School Administrator. Phoenix
Publishing House, Inc., Quezon City.
Isidro, A. (1989). The Philippine Educational System. Bookman Co., Inc., Manila.
Naval, M. and Aquino, G. (1979). Administration and Supervision for Philippine Schools.
Alemar-Phoenix House, Inc., Manila.

Master of Arts in Education with Specialization in iii

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ABADINAS, MONALYN A.
1ST2324-101

I. LEGAL HISTORY OF THE PHILIPPINE EDUCATOINAL REGIMES

A. During the Spanish and American Regimes
The Philippines experience is unique; it was colonized four times. In the 18th century, Britain
temporarily displaced the Spaniards and ruled the islands for a few years, and during World
War II, Japan did.
It was Spanish and US rule, however, that left lasting marks. According to the historian Serafin
Quiason (1998), “the patterns of culture and poverty, dependency and underdevelopment have
deep roots in Spanish and American colonial policies and practices.” Indeed, Spanish
colonialism laid the foundation for the toxic issues that still haunt Philippine politics:
• an unaccountable, abusive elite,
• massive corruption
• a dysfunctional system of government,
• huge social disparities and
• a meddling of the Catholic Church with theocratic leanings.
In the early 20th century, the Americans added capitalism and formal elections, introduced
some marginal reforms and declared the country to be “democracy”.
When a Spanish expedition arrived from Mexico in 1565, there was no idea of the
Philippines being any kind of coherent entity. This vast collection of islands was dotted by
small settlements (“barangay”) and inhabited by various tribes and ethnic groups speaking
different languages. Islamic missionaries had arrived in the south, but the Spanish annexation
stopped them from progressing further. The conquerors forced Catholicism on the natives,
defined the boundaries of the colony and named it after their King, Philip II.
The barangays had typically been ruled by chieftains who were called “datu”, “raja” or
“pangolo”. According to one history book (Cortes et al. 2000), this system of strongman
governance was “pre-political” because it was “informal, folk-sustained, uncentralised and still
without specific agencies”. There was no distinction between the family and the community.
Leaders’ authority was based in kinship, subservience, deference and dependence.
A few hundred Spaniards easily conquered most of the archipelago. The exception was the
southern island Mindanao, where Islam had taken firm root. The colonial power thrived on
native disunity, enlisting allies to help subdue the holdouts.
Spain introduced Catholic dogma and worship, a highly centralized government,
bureaucracy and Roman law. The Philippines was divided into provinces composed of
clustered villages, town and cities. Friars from various religious orders kept watch.
However, the conquerors also built their empire on the islands’ pre-Hispanics
foundations. Cooperative chieftains became village officials who used their positions to the
advantage of their families and clans. They soon formed a separate class, the “principalia”, and
eventually turned into a self-perpetuating oligarchy. Under Spanish rules, “elections” were
confined to village positions with the members of the elite always electing each other.

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The natives were not allowed to call themselves “Filipinos”. This term was reserved for
Spaniards born in the colony. For centuries, brown skinned natives were contemptuously called
“Indios” (Indians).
Spain went out of its way to prevent Indios from learning Spanish. Instead, the monastic
orders assiduously mastered the native languages in order to carry out conversations.
According the the scholar Benedict Anderson (2007), their monopoly on inguistic access to the
natives “gave them an enormous power which no secular group shared”. Fully aware of this,
friars “opposed the spread of Spanish language”. Spanish became the tongue of power that only
the colonisers and a few members of the local elite understood.
Under the Spanish rule, the Philippines became East Asia’s only Christian country.
Ironically, its Catholic faith was always far from pure.though Spain’s missionaries eradicated
overt practices of animism, traditional beliefs in spirits and magic survived. They were fused
with Catholic doctrine to create a unique folk religion. In this regard, the Philippines resembled
Latin America more than other Asian countries. Indeed, the country was even administered
from Mexico for 200 years. However, the Philippines never fit in the with Hispanised countries
of Central and South America because Spanish never became the archipeago’s lingua franca.
What the people did learn over the centuries was that government, laws, and bureaucracy
were intruments of oppression, exploitation and abuse. Even well-intentioned laws were
implementedin oppressive ways, but the victims never understood that. All colonial laws were
written in Spanish after all. Those in power seized land, imposed taxes and demanded tributes
, including force labor. The monastic orders established fuedal power structures. The faith
served to keep the natives under control. Sinibaldo de Mas, a Spanish official, observed in
1841: “A friar is worth more than a squadron of cavalry.”
At the same time, the principalia taught the Indios that kinship ties overruled impersonal
bureaucratic system. Public office was for personal gain and benefited leaders’ families. The
colonised people never had reason to trust government institutions or formal western law.
Depressingly, this attitude still marks Philippine politics in the 21st century.
After 300 years and numerous revolts, Filipinos finally staged Asia’a first revolution. They
were cose to gain independence. However, another power, the United States, intervened in
1899, ostensibly to help the revolutionaries. The American displayed Spain and then turned on
their “little brown brothers” in a bloody three-year war. Spain was forced to surrender and
released the Philippines and other colonies to the US in exchange for US $20 million, as agreed
upon in the Treaty of Paris of 1898.
The new imperial power promised to build an American style republic. It introduced
policies to promote everything from education and hygiene to infrastructure. Laws and
institutions were supposed to teach Filipino leaders the mysteries of democracy. English
became the archipelago’s official lingua franca, and learning it was officially encouraged.
However, the schools were never expanded in a way that woud have allow the majority of the
people to do so. Even today, Engish is the nation’s official language, but most Filipinos do not
speak it. Legislation has been written in English for more than a century, but to most citizens,
it remains as inaccessible as Spanish law was.
The powerfu Catholic church was left untouched. It stayes influentia under US rule, and it
did not hesitate to meddle in secular matter. Wealth and power remained concentrated in the
hands of a few families. The Americans did’nt alter the socioeconomic order, co-opting the

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native elite to subdue resistance. Just as their Spanish predecessors had, they depended on the
local elites.
It is true that Americans introduced popular elections, but these events were games of
musical chairs played by the small groups of dynastic families. Landowning oligachs and
warlords dominated at the local level and shared the spoils at the national level. Ass Quiason
out it, “what evolved was democracy in form but not in substance”. The dynasties treated the
country’s institutions as tools for increasing their own wealth and power. Policymaking served
clan interests.
American colonialism formally ended in 1946. The Philippines became a nominal repubic
with weak democratic institutions. The people lacked any cleaar understanding of rights and
freedoms.
B. During and after the Commonwealth Period
On November 15, 1935, the Filipino people took the penultimate step to independence with
the inauguration of the Commonwealth of the Philippines. Only two months prior, on
September 16, a million Filipinos had trooped to the polls to elect their two highest officials --
-the President and Vice President. This was the first time in the history of the nation that a
Filipino would finally sit as a Chief Executive and hold office in Malacanan Palace.
Senate President Manuel L. Quezon and his running mate Senate President pro tempore
Sergio Osmena were elected as President and Vice President, while voters elected
representatives for the new unicameral National Assembly and for local positions.
The Commonwealth was the culmination of efforts to secure a definite time table for the
withdrawal of American sovereignty over the Philippines.
Early on, at the start of the American occupation, the United States had established local
governments with local elected town and provincial officials. Afterward came a gradual
expansion of national legislative representation, beginning with the Philippine Assembly (or
Lower House) in 1907.
It was not until the Jones Law of 1916 that the pledge of eventual independence – once
Filipinos were ready for self governance – was made. The Jones Law led to the creation of an
all-Filipino legislature composed of the Philippine Senate and House of the Representative.
However, the position of Chief Executive – the Governor-General- and what was considered
the most important cabinet portfoio- Public Instructio (precursor to the Department of
Education)- were reserved for American officials appointed by the President of the United
States. Half of the Philippine Supreme Court wa reserved for Americans as well.
Independence Missions from 1919 onwards were periodically sent to the U.S. Congress
and the White House to lobby for and negotiate independence. In 1931, the OsRox Mission
(which stands for “Osmena and Roxas”) successfully lobbied for the enactment of the Hare-
Hawes-Cutting Act, which was passed over President Herbert Hoover’s veto in 1932. This was,
however, rejectef by the Philippine Legislature. In 1934, the new mission (the QuAquAl
Mission, made up of Quezon, Benigno, Aquino Sr., and Rafael Alunan) negotiated the
Tydings-McDuffie or the Philippine Independence Act, which set a ten-year transition
period to be known as the Commonwealth of the Philippines, followed by the recognition
of the independence of the Philippines by the United States.

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The Tydings-McDuffie Act estabished the parameters for the preparatory period. Some
powers of supervision were reserved to the United States, as well as foreign diplomacy and
currency. In all other aspects, the Philippine became self-governing.
Among the provisions was the election in 1934 of the Constitional Convention to draft the
constitution of the incoming commonwealth government. It was presided over by Claro M.
Recto with 202 elected Filipino delegates who decided that the constitution to be written would
cover not only the transitiona Commonwealth, but would apply to the Republic as well. The
convention finished it’s work on February 8, 1935 and submitted it to the President of the
United States for certification that it’s provisions compied with the Philippine Independence
Act. It was certified on March 25, 1935 and it was subsequenty ratified by the Filipino people
in the plebiscite on May 14, 1935.
Aside from the certification by the Presdent of the United States of the draft constitution
for the Commonweath of the Philippines, the United States government also reserved certain
powers: currency, coinage, imports, exports, and immigration laws would require the approval
of the President of the United States. The United States could also intervene in the processes
of the Commonwealth of the Philippines via Proclamation by the President of the United States.
All decisions of the courts of the Philippines were subject to review by the Supreme Court of
the United States. However, these powers were exercised rarely.
The Constitution of the Commonwealth of the Philippines provided for a presidential
system of government with a unicameral legisture. It had the power to enact laws for the
Phiippines, known as Commonwealth Acts, through the nationa Assembly.
The Commonwealth was meant to lay down the foundations for an independent, fully-
functional state. Its priorities could be seen in the first laws enacted by the new National
Assembly: Commonwealth Act No. 1 established the Philippine Army and a national defense
policy; Commonwealth Act No. 2 established the National Economic Council;
Commowealth Act No. 3 created the Court of Appeals. The 1935 Constitution was amended
in 1940 to permit the reelection of the president and the vice president, to restore the Senate
and thus shift the legislature back to the bicameral system, and to establish a national electoral
authority, the Commission on Eections. The proposed amendment were ratified in a plebiscite
held on June 18, 1940.
With war loomimg over the world following German aggression in Europe and the
Japanese annexation of Manchuria, the National Assembly conferred emergency powers on the
government. The Philippine Army was placed under the commend of the United Armed Forces
Far East (USAFFE), headed by Field Mashal Douglas MacArthur, who was recalled to active
service after having served as military adviser to the Commonwealth since 1935.
Filipino reelected Quezon, Osmena, and legislators to fill seats in the newly created
bicameral congress on November 11, 1941. War in Asia broke on on December 8, 1941
following of Pearl harbor, the American naval fortress in Hawaii, and Axis military advances
throughout Southeast Asia.
USAFFE, composed of Filipino and American personnel, held off the Japanese war
machine that had routed the French, British, and Dutch colonial governments in the region. But
lack of reinforcement due to the “Europe First” policy adopted by U.S. President Franklin D.
Roosevelt, hampered any real progress.

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On december 24, 1941, President Quezon and his war cabinet evacuated to the island
stronghold of Corregidor in Manila Bay and two months later left for Australia, en route to the
safety of the United States. There the Commonwealth Government continued to function in
exile, gaining recognition from the world community as a member of the United Nations.
Presiden Quezon continued to represent the Commonwealth of the Philippinesin Washington,
D.C. he wouldserve in the same capacity, with an extended term in 1943 by virtue of Joint
Resolution No. 25 of the United States Congress, until his death on August 1, 1944, resulting
in Osmena’s ascension to the Presidency. Osmena gave his inaugural address in Washington,
D.C, making him the only Philippine President thus far to deliver an inaugural address outside
the Philippines.
On October 20, 1944, allied forces under the command of Field Marshal Dougas
MacArthur landed on the shores of Leyte and began the campaign to liberate the Philippines.
He was accompanied by President Osmena, whose return formally reestablished the
Commonwealth Government on Philippine soil. With the nullification of all acts of the Second
Republic, President Osmena convened the Congress, elected in November 11, 1941, on June
9, 1945.
On April 23, 1946, the first postwar election was held, in which Manuel Roxas and Elpidio
Quirino were elected President and Vice President over re-electionist Osmena and his running
mate, Eulogio Rodriguez, Sr.
Roxas took his oath of office on May 28, 1946 as the third and last President of the
Commonwealth of the Philippines in front of the ruins of the Ligeslative Building in Manila.
In the succeding weeks, pursuants to the provision of the Philippine Independence Act, the
Commonwealth of the Philippines became the Republic of the Philippines- the Third Republic.
Thus, on July 4, 1946, Roxas would again take his oath as President, this time as President
of the newly-inaugurated and independent Repubic of the Philippines. The Congress of
the Commonwealth then became the First Congress of the Republic, and international
recognition was finally achieved asgovernments entered into treaties with the new republic.
Many of today’s institutions in our govrnment trace their origins to the Commonwealth.
These include:
➢ Executive Office (1935)
➢ Court of Appeals (1935)
➢ Philippine Charity Sweepstakes Office
➢ Komisyon nh Wikang Filipino (1936)
➢ National Bureau of Investigation (1936)
➢ Department of Budget and Management (1936)
➢ Government Service Insurance System (1936)
➢ Department of National Defense (1939)
➢ Department of Health (1940)
➢ New Bilibid Prisons(1940)
➢ Presidential Communications Operations System (fron the Department of
Information and Public Relations, 1943)
➢ Boy scouts of the Philippines
➢ Girls Scouts of the Philippines
➢ Nationa Food Authority

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➢ National Economic Development Authority (originally National Ecomic Council,

1936)
➢ Bureau of Aeronautics (1936; now the Civil Aviation Authority of the Philippines)
➢ Phillippine Military Academy
➢ Philippine Air Force
➢ Articles of Wars(AFP)
➢ Comelec
➢ Chief of Staff of the Armed Forces of the Philippines
Chartered City:
➢ Cebu City (1937)
➢ Bacolod(1938)
➢ Quezon City (1939)
➢ Davao City (1936)
➢ Cavite City (1940)
➢ Iloilo City (1937)
➢ San Pablo City, Laguna (1940))
➢ Zamboanga City (1936)
Policies:
➢ All Fiipino Supreme Court (1935)
➢ State of the Nation Address (1935)
➢ Minimum Daily Wage (1936)
➢ National Language (1939)

Reference:
https://simplyeducate.me

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ABANTAO, CHRISTELLE DIANNE C.

1st 2324-103

II. ADMISSION AND RETENTION

Admission
• The process by which a person applies and is approved for entry to the university and
to a qualification.

Retention
• Indicates how well a school ensures academic success or completion. Stakeholders use
it to measure a school’s performance. The internal promotion of student retention is
useful for improving programs, curriculum, teaching staff and academic support.

Its Contractual Nature

• The nature of contract is that it’s the branch of law which determines the circumstances
in which promises made by the parties to a contract shall be legally binding on them.

Legal Obligation Of Minors

The child has an obligation to live with his or her parents, since they have a duty to
“Safeguard them from harm. They establish the residence of their child.

Suggested Operating Procedures

• Develop a list of processes that you believe need suggested operating procedures.
• Plan the process for developing and managing suggested operating procedures.
• Collect information for the content of your suggested operating procedures.
• Write, review and publish your suggested operating procedures.

References:

www.meriam-webster.com/ditionary
www.vocabulary.com/dictionary

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ABARRACOSO, CHERRY C.
1ST2324-104

UNIT III.- STUDENT DISCIPLINE

A. Discipline as an Educational Tool
▪ The measure of the executive is the ability to get the right thing at the right
time. This usually involves doing what other people have overlooked as well as
avoiding what is unproductive. To be effective, is the job of the executive. One of
the most effective management tools used by an executive of an institution or
organization is discipline. To many people, discipline means punishment, pain,
and fear. According to this view discipline is a negative word and considered as
not being positive and educative. This paper discusses the place of punishment as
a discipline in education. It outlines the five types of punishment and describes
how they are used in schools or in the classroom, reasons for punishing students
and the results of such punishment on students learning. It will also examine the
implications of discipline in relation to the government ban on corporal
punishment and the new constitution of vision 2030. The paper ends by providing
suggestions that principals of secondary schools need to learn essential skills
which are effective for school management.
▪
In all institutions of learning, discipline is very important because it trains
individuals to develop responsible behavior leading to self-disciplined person.
Discipline exposes students to the art of self-control, and social chaos can only be
avoided if restraints are built into the character of students (Were 2006).
Discipline exposes children to ways of handling the challenges and obligations of
living and equips them with the personal strength needed to meet the demands
imposed on them by the school and later in adult responsibility (Were,
2006). Discipline makes it possible for parents to pass their values and attitudes
to their children in an atmosphere of genuine love. It also stimulates tender
affection possible by mutual respect between parents and children, between
children and teachers. Were (2006) believes that teaching children to be
disciplined allows the live, humanity, and divinity of God to be introduced.
to young children.

B. Authority to Discipline: In Whom Vested

▪ Philippine Legislature Act 2706 otherwise known as the Private School Law, on
the basis of which the Manual of Regulations for Private Schools has been
promulgated. The Manual provides that “every school is required to maintain
good school discipline” and that it shall have the authority and prerogative to
promulgate such rules and regulations as it may deem necessary from time to time
effective as of the date of their promulgation unless otherwise specified.
▪ For the Bureau of Public Schools, the source of authority to discipline is contained
in the Service Manual (1912), its latest edition is 1960. The Service Manual

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provides that “pupil should be required to be clean, orderly, courteous and

respectful, prompt, obedient, industrious and reasonably regular in attendance.
▪ Provisions of the New Civil Code:
▪ Art.349. The following persons shall exercise substitute parental authority: 2
Teachers and professors.
▪ Art 350. (They shall exercise reasonable supervision over the conduct of a child.
(Doctrine of in loco parents)
▪ Art 352. The relations between the teacher and pupil, professor and student, are
fixed by government regulations and those of each school or institution. In no case
of corporal punishment be countenanced.
▪ The Civil Code of the Philippines expressly recognizes the doctrine of in loco
parentis by providing that “teachers and professors shall exercise substitute
parental authority “and “shall cultivate the best potentialities of the heart and mind
of the pupil or student.”
➢ The primary concern with matters which impinge upon academic achievement and
standards and the personal integrity of its students.
➢ The obligation to protect its property and the property of members of its community.
➢ A special interest in the mental and physical health and safety of members of its
community.
➢ To protect its public image as an educational institution through its governing board in
a nationwide community.

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ABEGONIA, LEXCEL C.
1ST2324-105

C. Source of Authority: Different Theories

Discipline is a set of actions determined by the school district to remedy actions taken
by a student that are deemed inappropriate. It is sometimes confused with classroom
management, but while discipline is one dimension of classroom management, classroom
management is a more general term.]

DIFFERENT THEORIES
School discipline practices are generally informed by theory from psychologists and
educators. There are a number of theories to form a comprehensive discipline strategy for an
entire school or a particular class.
Positive approach
is grounded in teachers' respect for students. Instills in students a sense of
responsibility by using youth/adult partnerships to develop and share clear rules,
provide daily opportunities for success, and administer in-school suspension for
noncompliant students. Based on Glasser's reality therapy. Research (e.g., Allen) is
generally supportive of the PAD program.[7]
• Teacher effectiveness training
differentiates between teacher-owned and student-owned problems and proposes
different strategies for dealing with each. Students are taught problem-solving and
negotiation techniques. Researchers (e.g., Emmer and Aussiker) find that teachers
like the programme and that their behavior is influenced by it, but effects on student
behavior are unclear.
• Adlerian approaches
is an umbrella term for a variety of methods which emphasize understanding the
individual's reasons for maladaptive behavior and helping misbehaving students to
alter their behavior, while at the same time finding ways to get their needs met.
Named for psychiatrist Alfred Adler. These approaches have shown some positive
effects on self-concept, attitudes, and locus of control, but effects on behavior are
inconclusive (Emmer and Aussiker). Not only were the statistics on suspensions and
vandalism significant, but also the recorded interview of teachers demonstrates the
improvement in student attitude and behaviour, school atmosphere, academic
performance, and beyond that, personal and professional growth.
• Appropriate school learning theory and educational philosophy
is a strategy for preventing violence and promoting order and discipline in schools,
put forward by educational philosopher Daniel Greenberg and practiced by
the Sudbury Valley School.
Some scholars think students misbehave because of the lack of engagement and
stimulation in typical school settings, a rigid definition of acceptable behaviors and a lack of
attention and love in a student's personal life. In the United States, scholars have begun to

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explore alternative explanations for why students are being disciplined, in particular the
disproportionate rate of discipline towards African American and minority students.

• Lack of engagement and stimulation

students are curious and constantly searching for meaning and stimulation in the
school environment. Classes that are too one-dimensional, that fail to involve
students sufficiently, are too challenging or are very much information heavy
(leaving little room for discussion and consideration), will not satisfy students'
curiosities or needs for authentic intellectual stimulation. [13]
• A rigid definition of acceptable behavior
Most students, particularly older ones, are asked to sit at their desks for many
minutes at a time and listen, read, and take notes. Teachers who fail to offer
opportunities for movement and interpersonal engagement are likelier to have to use
strictness and rules to maintain law and order.
• Lack of attention and love
When students fail to receive the attention that they crave, they are likelier to find
other ways to get it, even if it means drawing negative attention to themselves and
even negative consequences. The more teachers let their students know how much
they care about them and value their work, the likelier they are to respect a teacher's
request and conform to their expectation.

D. Limitations on the Power to Discipline

➢ The Power of Discipline shows us how to develop habits that will improve our lives,
implement strong self-discipline to perform them regularly, and take charge of our
behaviors. The author offers numerous psychological and philosophical scientific
facts, principles, laws, and instructions for strengthening our self-control and
overcoming the disruptors that prevent us from achieving our greatest goal.
➢ Self-discipline depends on your focus; as you focus more on your goal, it will
become easier for you to perform the necessary tasks. Our capacity to focus is
determined by our executive functions, including memory operation, cognitive
flexibility, adaptability, and impulse control. Strengthening these skills regularly
through brain games and other brain-boosting activities would help us focus better.

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ABIT, MAE JOY L.

1ST2324-106

Corporal Punishment
In the context of an educational course, corporal punishment refers to the practice of
physically disciplining students as a means of punishment. It involves the deliberate infliction
of pain or discomfort on a student’s body as a consequence for their perceived misbehavior or
rule violation.

Traditionally, corporal punishment in schools has involved methods such as spanking,

slapping, paddling, or caning. These actions are typically administered by teachers or school
administrators as a way to deter students from engaging in undesirable behavior and to maintain
discipline within the school environment.

However, it is important to note that the use of corporal punishment in schools has
become increasingly controversial, with many countries and jurisdictions either outlawing it
entirely or placing strict limitations on its use. Critics argue that corporal punishment can have
detrimental effects on a child’s physical and psychological well-being, and that it may not
effectively promote positive behavioral changes or learning outcomes. They advocate for
alternative forms of discipline that focus on positive reinforcement, communication, and non-
violent strategies.

It’s worth mentioning that the acceptance and legality of corporal punishment vary
across different countries and regions. Some jurisdictions have completely banned corporal
punishment in schools, while others may have specific regulations or guidelines governing its
use. It is important for educators, policymakers, and individuals studying educational
legislation to be aware of the specific laws and regulations related to corporal punishment in
their respective jurisdictions.

Due Process
Due process refers to the legal principle that ensures fair treatment and protection of
individuals’ rights in any disciplinary or decision-making process within educational
institutions. It guarantees that individuals are treated fairly, given notice of any charges or
allegations against them, and provided with an opportunity to present their case and defend
themselves before any action is taken.

Due process is a fundamental concept rooted in the principle of justice and is protected
by various laws and constitutional provisions in many countries. It aims to prevent arbitrary or
unjust actions by educational institutions and ensures that individuals are afforded certain
procedural safeguards.

In the educational context, due process typically encompasses the following key
elements:

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1. Notice
Individuals must be informed in a timely and clear manner about any charges,
allegations, or actions being taken against them. This includes providing information
about the specific violations or misconduct they are accused of and the potential
consequences.
2. Opportunity To Be Heard
Individuals must have an opportunity to present their side of the story, respond
to the allegations, and provide evidence or arguments in their defense. This may
involve a formal hearing, meeting, or other forms of communication with the
decision-making authority.
3. Impartial Decision-Maker
The decision-maker responsible for determining the outcome of the case should
be neutral and unbiased. They should not have any personal interest or bias that
should influence their decision-making.
4. Right To Representation
Individuals may have the right to be represented by an advisor, advocate, or
legal counsel during the disciplinary process. This allows them to receive guidance
and support in navigating the procedures and presenting their case effectively.
5. Appeal Process
If the initial decision is unfavorable to the individual, they should have the right
to appeal the decision to a higher authority. This provides a mechanism for review
and reconsideration of the case to ensure that the decision was reached in
accordance with the principles of due process.

By upholding the principles of due process, educational institutions strive to ensure that
their disciplinary procedures are fair, transparent, and respectful of individuals’ rights. It helps
safeguard against arbitrary or unjust actions, promotes accountability, and fosters an
environment of fairness and justice within educational settings.

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ACULAN, SHENALYN C.
1ST2324-107

III. STUDENTS DISCIPLINE

Disciplinary sanctions means and include a warn- ing, reprimand, probation, suspension, or
dismissal of any student by a dean, or designee, or the president issued pursu- ant to this chapter
where that student has violated any desig- nated rule or regulation of the rules of conduct for
which a student is subject to disciplinary action.

Types of Disciplinary Sanctions

Oral Warning
When a student behaves inappropriately, as a first step, in most institutions, an oral warning is
given. It is the best way to deal with students who have committed not-so-serious or minor
misconduct. This kind of warning will assist students to self-analyze their behavior and rectify
it for the better. In some cases, students are instructed to take counseling sessions to work on
their behavior. This helps teachers to find the root cause of the behavior and the counselor could
help them to work on improving themselves.

Written Warning
Written warnings are issued to students for minor misconduct. Unlike oral warnings, this will
be more formal. Hence, the further behavior of the students will be monitored by the concerned
authorities. A written warning can lead to the involvement of parents in the matter as well. In
cases of minor misconduct, written warnings may be issued without counseling. This warning
letter is saved in the students’ file and taken into consideration when any kind of such behavior
repeats again.

Fines
Fines are a common disciplinary action to make students follow the rules and regulations at
schools. When students are not wearing their uniform properly, is not conforming to the
classroom rules, and don’t follow other disciplinary measure, fines are imposed so that the
students won’t repeat the action. Fines are another way to point out minor misconduct from the
sides of students.

Parental Contact
Informing parents about the unaccepted behavior can bring about a number of changes in the
behavior of students. It is a measure taken to ensure the involvement of parents in the process
of disciplining students. Also, it can encourage parents to take measures to bring changes in the
behavior of students.

Suspension
Students are issued suspension letters after scrutinizing the gravity of the misbehavior a student
has committed. Once a student is suspended, they will not be allowed to enter the school
premises for a particular period that the institution decides. It is one of the severe corrective

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measures to make other students realize the consequences of their unacceptable actions.
Students are expected to learn from their mistakes and behave accordingly after the suspension
period. If a student continues his/her unruly behavior after suspension, they might have to go
through further disciplinary actions like expulsion. It breaks all the connections a student has
with the organization.

Expulsion
It is the most serious disciplinary action that excludes the student from the system. The student
will no longer have any connection with the organization, and they will no longer be receiving
any benefits. This would be the last option for any organization. Even after giving multiple
warnings and going through multiple disciplinary actions, if the student is reluctant to change
their behavior, the institution would expel the student. Every right of student over the school
will be forfeited upon expulsion.

Appeal on Decisions
Appeals are decided by panels of three judges working together. The appellant presents legal
arguments to the panel, in writing, in a document called a "brief." In the brief, the appellant tries
to persuade the judges that the trial court made an error, and that its decision should be reversed.

Academic Discipline
An academic discipline or field of study is a branch of knowledge, taught and researched as part
of higher education. A scholar's discipline is commonly defined by the university faculties and
learned societies to which they belong and the academic journals in which they publish research.
The following table shows one version of the main academic disciplines and some of their
branches.

Discipline Branch Examples

Business Accounting, economics, finance, management, marketing
Art, history, languages, literature, music, philosophy,
Humanities
religion, theater
Biology, chemistry, computer science, engineering, geology,
Natural and applied sciences
mathematics, physics, medicine
Anthropology, education, geography, law, political science,
Social sciences
psychology, sociology

• Most academic disciplines have developed over many generations. Even though these
disciplines are constantly in flux, they observe certain standards for investigation, proof,
and documentation of evidence.
• To meet the demands of writing and thinking in a certain discipline, you need to learn its
conventions.
• An important aspect of being successful in college (and life) involves being aware of what
academic disciplines (and professions and occupations) have in common and how they
differ.

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References:

https://blog.teachmint.com/types-of-disciplinary-action/
https://www.google.com/search?q=appeal+on+decision&oq=APPEAL+ON+&aqs=ch
rome.0.69i59j0i512l2j69i64j69i57j69i60l3.4144j0j7&sourceid=chrome&ie=U
TF-8
https://saylordotorg.github.io/text_handbook-for-writers/s07-01-exploring-academic-
disciplines.html

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AGERO, MARLYN F.
1ST2324-108

UNIT IV. LIABILITY FOR STUDENT INJURY

Liability for acts of other person Special Liability

Teachers’ Liability
The moment a child is enrolled in a school, the parent places the child under the effective
authority of the school. Its administrators and teachers, or the individual, entity or institution
engaged in child care have special parental authority and responsibility for the minor child
while under their supervision, instruction or custody (Art. 218, Family Code of the
Philippines). The school authorities and teachers are considered a substitute parent or one who
stands in loco parentis and as such, shall exercise substitute parental authority over his students
(Art. 349, par. 2 of RA 386). Therefore, they are answerable for the accident or injury
sustained or committed by the student while under their custody, along with other kinds of
injuries, like emotional or academic problems resulting from harassment or abuse. Parents
cannot be held liable for the very reason that the parent is not supposed to interfere with the
authority and supervision of the teacher while the child is under the custody of the school.

These legal bases specify that special parental authority and responsibility of the teachers and
school authorities to children covers not only during school hours but also outside school hours
where the students are on school property, during break time, lunch time, play time, flag
ceremony/retreat, field trip, work immersion, and the like, as long as the child is under their
custody. Therefore, there is always a presumption that the school authorities and teachers of
school may be liable for negligence when something happened to a child under their care. The
teacher inside the classroom has direct responsibility for his/her students. The question is who
among the personnel in school is specifically liable outside school hours? The law does not
distinguish. If in case you witnessed a potential danger during break time, wouldn’t you, as an
employed teacher of that school, act to prevent it for the reason that you are not the subject
teacher or class adviser of the learner in danger? Was the school head also in breach of a non-
delegable duty of care to students to ensure there was adequate supervision for the student at
the time? All of these will be weighed by the court to decide on whether or not the school failed
to exercise proper diligence to protect its students based on the surrounding circumstances to
prevent the injury.

How The Law of Educational Negligence Operates

There are two aspects to negligence in schools (Watson v. Haines (1987) ATR 80-094). This
holds in our setting under Article 2180 of the New Civil Code:

1. The negligence of teachers to students.

Teachers have a duty of care to students to provide adequate supervision. This may occur in
the playground, on the sports field, in the classroom or on a field trip. Under the doctrine of
vicarious liability, the school authority may be liable to pay the plaintiff for the negligence of
teachers. It does not, however, negate the personal responsibility of the teacher.

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2. The negligence of school authorities.

Negligence of school authorities may arise where the grounds or equipment are unsafe, and a
student is injured. School authorities have a non-delegable duty to students to ensure that
reasonable care is taken for the safety of children at the school environment.

The responsibility of teachers shall cease upon proof that they observed all the diligence of a
good father of a family to prevent damage.

In any untoward incident in schools, there is always a reason to believe that the school was
negligent in taking precautions for the safety of its students. The school, its administrators and
teachers, may only exempt themselves from the liability imposed by the law if they can prove
that they exercised the proper diligence required under particular circumstances. (2nd par. Art.
218, Id.) They must show that they observed proper care based on the surrounding
circumstances to prevent the untoward incident. It also denotes the absence of negligence.

To prove that the incident is purely accidental to avoid liability, it must be shown that it is a
fortuitous event, which refers to an extraordinary event that is not foreseeable, or though
foreseeable, is unavoidable. Tronc (1996) has advised that teachers have legal responsibility
for the safety of their students. They are expected to act with caution, sensible leadership, and
wise guidance. Their legal brief is to assess the foreseeable dangers, to guard against risk, to
take reasonable precaution against injury and, above all, to generally behave as superior parents
would be expected to act in the nurture and training of their children.

Parent’s Permit/Waiver
A standard defense to negligence is volente non fit injuria, which means the plaintiff has
willingly assumed the risk. The defense is narrowly interpreted, and schools relying on
exemptions clauses, even if signed by parents, to avoid liability are extremely unlikely to
succeed. Art 218 is clear that “authority and responsibility shall apply to all authorized
activities whether inside or outside the premises of the school, entity or institution.” In the case
of St. Francis (G.R. No. 82465), the Court still held some teachers responsible despite the fact
that the parent permitted the child to go to the picnic.

What Do Teachers Need To Do If There Is An Accident?

Not all the parents of public-school learners are ignorant about R.A. 386 and Art. 218 of the
Family Code of the Philippines. Better be prepared than be a sitting duck on unwanted lawsuits.
Helen Newnham (2000) recommended the following actions. These may help the teachers
defend and exempt themselves from the liability imposed by the law:

• Follow the School Child Protection Policy.

• Document as many details as possible including, how the accident occurred, the nature
of the injuries, who administered first aid, who was present at the time of the accident,
the events leading up to and including the incident, what happened subsequently and
who was notified.

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• The document must be signed and dated, and a copy kept. Notes made
contemporaneously have been shown to carry greater weight in court than a witness
relying on memory. It is worth remembering the time limitations for negligence can be
substantial. The quality of the documentation made at the time of the accident may be
the difference between a successful defense of a claim and the plaintiff proving their
case.
• If a teacher or school authority is sued, that matter must only be discussed with the
defendant’s lawyer. An individual teacher may need his or her lawyer if there is a
conflict of interest between the teacher’s liability and that of the school’s. It is worth
noting that no one wants to accept liability and if they can find someone else to blame,
they will.
Education authorities, individual schools, and teachers need to understand the law of
negligence and what must be proved against them to at least reduce the potential for a
successful lawsuit by accusers. It is worth noting that most of the cases in public schools are
settled out of court. The teacher-defendant accepts liability and agrees to pay the compensation
conditional on the settlement remaining confidential. However, this does not erase the fact that
someone has been negligent and there may be employment repercussions even though the case
was not heard in open court (Newnham, 2000). Remember, the payment done was only for the
civil liability but an administrative or a criminal complaint is a separate issue.

Liability for acts of other persons

Helping for someone else commit a crime can cause you to face criminal charges of your own.
Accomplice liability, is often referred to as aiding and abetting, is a legal provision that
dispenses the same penalties as those that would ensue for the actual crime itself.
If you face aiding and abetting charges, a major issue in your case will be degree of the help
you provided. Many discussions of this legal issue center on the question of how much help is
enough to trigger these charges.

Basic elements
Generally, in order to prove aiding and abetting took place, prosecutors need to show three
things.
First, they must prove another person committed a crime.
Second, they must demonstrate the defendant assisted the crime’s commission, whether by
action or encouragement.
Third, they must show the defendant had the legally required state of mind; for example, if a
certain type of crime includes intending a particular result, someone accused of abetting that
crime must also intend the same result.

Required knowledge and intent.

One key point prosecutors must prove is that the defendant Knew of the crime and intended to
help commit it. For example, a store employee who fails to turn on the alarm system as he
leaves may intend to provide access for another person to enter a rob it that night. On the other
hand, he may be simply acting out of forgetfulness or oversight. In the first case, he is likely
an accomplice, but not in a second case.

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Common types of aiding and abetting

Some other actions courts have determined to constitute aiding and abetting include letting
someone have an object with the knowledge they will use it criminally, helping criminals leave
the course of a physical assault.

Why you should take these allegations seriously.

If you find yourself facing accomplice charges, you should understand that these are not lesser
charges. You may face the same penalties as the person who committed the crime.

Vicarious liability is when you are held partly responsible for the unlawful actions of a third
party, although the third party also carries a share of the liability.

Vicarious liability can arise in situations where one party is responsible for (and have control
over) a third party and is negligent in carrying out that responsibility and exercising their
control. A supervisory party would bear responsibility for the actions of a subordinate or
associate based on their relationship.

Key Takeaways
• Vicarious liability is when a supervisory party is liable for the negligent actions of a
third party for whom they are responsible.
• Employers have a greater chance of avoiding vicarious liability by proactively
exercising reasonable care to prevent employees' negligent behavior.
• Parents can also be held vicariously liable for negligent or criminal actions of their
children.

How Vicarious Liability Works

Vicarious liability, or imputed liability, is indirect liability for the actions of another person,
such as a subordinate or child. An employer can be held liable for the unlawful actions of an
employee, such as harassment or discrimination in the workplace. An employer might also be
held liable if an employee operates equipment or machinery in a negligent or inappropriate way
that results in damages to property or personal injury.
For example, if a construction worker mishandles the controls of a crane and topples the wall
of a nearby building, then the company overseeing the construction will likely face vicarious
liability. Likewise, if an engineer loses control of a train, and it proceeds down the tracks on
its own, then the company that owns and operates the train may face vicarious liability for any
resulting damages and injury.

The employer is held liable because it is considered:

• Responsible for its employees’ actions while they are on the job.
• Able to prevent and/or limit any harmful acts performed by its employees.
The employer may be able to avoid vicarious liability by exercising reasonable care to prevent
the unlawful behavior.

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Example of Vicarious Liability

In the case of the 1989 Exxon Valdez oil spill, Exxon Shipping Co. came under vicarious
liability for the series of events that led to 10.8 million gallons of crude oil spilling into the sea
off Alaska and affecting the shore. Among other factors, the company was held accountable
for lack of supervision of the captain, fatigue among crew members aboard the oil tanker, and
the condition of radar equipment that might have helped prevent the ship from running aground.
However, due to the multiple appeals, changing award amount, and gray area of maritime law
rule of a ship owner being responsible for actions of an employee, this is a fairly complicated
example of vicarious liability.

Special Considerations
Another common source of vicarious liability occurs when a child behaves negligently. The
parent can sometimes be held vicariously liable for the child’s actions. One situation in which
this might occur is if a child injures or kills someone while driving. The parents can bear
responsibility for allowing the child to have access to the vehicle.

Is Malicious Intent Required for Vicarious Liability?

Malicious intent is not necessary for vicarious liability. An accidental incident can still result
in vicarious liability.

How can you protect yourself from vicarious liability lawsuits?

There are several types of business insurance available that aim to protect business owners
from vicarious liability lawsuits including general liability, errors and omissions, and umbrella
insurance, which covers anything that falls outside the purview of general liability insurance.

What are some other examples of vicarious liability?

There are many different circumstances where you may be held vicariously liable. If you loan
your car to someone and they cause a traffic accident, you could be held vicariously liable.
There have also been cases of vicarious liability where police departments were held liable
when duty weapons had been used in crimes after weapons were left unsecured during off-duty
periods.

The Bottom Line

Vicarious liability can occur in a number of situations when one person is held legally
responsible for the actions of another person, such as when an employer is responsible for an
employee's actions. If you are in a position where you are being held vicariously liable, consider
consulting an attorney for guidance on your particular situation.

Special Liabilities means all amounts payable or other obligations with respect to any
Assumed Contracts and all amounts payable or other obligations with respect to goods
delivered or services rendered in respect of the Assets or the business to which the Assets relate,
but only to the extent such amounts or obligations relate to periods prior to the Effective Time
and to the extent not caused by or the result of any Environmental Defect or Title Defect.

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While a general liability policy covers bodily injury, property damage, and advertising errors,
special liability options go beyond this to protect businesses with policies such as employer
liability and professional liability.

Two different categories:

• Current liabilities have a short term or maturity (1 year or less).
• Non- current liabilities represent long-term obligations that have a maturity of more
than one year.

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ALBOLERAS, LUCKHY MELWANI E.

1ST2324-109
Circumstances Affecting School Liability, Concept of Negligence
School Liability for Student Injuries
Who is responsible when a child is injured at school? Here are the basic ways legal liability
could play out. When a child is injured at school, it's not always clear who (if anyone) might
be legally responsible. Certain accidents are unavoidable, but some injuries on school grounds
are due to unsafe conditions, or the action (or inaction) of school officials, staff, or even other
students.
Schools have a legal responsibility to provide “reasonable care” for their students, which means
they must do everything reasonably possible to keep students safe while they are in their
custody. When accidents happen at school or during school-sponsored events, parents may
wonder if the school can be held liable for their child’s injuries.
Schools can be held accountable if they are negligent in providing reasonable care for the
student. In these cases, parents can pursue legal action against the school to gain compensation
for the damage done to their child. However, proving school negligence is complex; therefore,
it is helpful to examine the circumstances surrounding when schools are liable for student
injuries and how to determine liability.
➢ Types of Student Accidents

Here are a few of the most common types of student accidents that can occur during school
hours or under school supervision:
o These commonly occur in gymnasiums and cafeterias because of spills and leaks. But
poorly maintained safety railings, unstable bleachers, and other broken equipment can
cause falls at school.
o Playground equipment that is poorly maintained, defectively designed or installed, or
in any way unsuitable for climbing and other outdoor activities can result in injuries.
Playgrounds are also where children may be harassed or bullied, leading to intentional
physical harm.
o These injuries can happen during practice and games (both home and away). They may
be the fault of negligent care on the part of the coach or even an equipment manufacturer
(such as a football helmet that doesn’t work as it should).

A few other possible scenarios where schools may be liable for a student’s injuries are bus
crashes during school trips (such as field trips), food poisoning from food served by the school,
or a school shooting.

Injuries Caused by Dangerous Conditions

A school's responsibility for unsafe property conditions is a type of "premises liability." School
officials have the responsibility to maintain a safe environment for students, since the officials
act in loco parentis, which is just a fancy way of saying "in the place of parents," when children
are in their care at school. School officials have the responsibility to prevent foreseeable

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dangers from harming students. Dangerous conditions on school premises may include faulty
playground equipment, slippery floors, unsanitary conditions, and the presence of lead or other
toxic materials.
Injuries Caused by Others
Under personal injury law, teachers and other school officials owe a special duty of care to the
students in their charge. As part of that duty, school officials must take reasonable steps to keep
students from harming one another. At the minimum, this responsibility includes hiring enough
staff to properly supervise the students on the premises. All school district employees
(administration, faculty, facilities personnel) have a duty to take reasonable steps to protect
students and ensure their student safety. On a related issue, schools must use appropriate care
and conduct adequate background checks when hiring teachers, coaches, and other staff. A
school could be civilly liable for the sexual abuse of a student if the school knew (or should
have known under the circumstances) that the offending school employee had a history of
inappropriate conduct.

The issue of bullying and injuries caused by fellow students is a bit murkier. But typically, a
school may be on the legal hook if it had notice of a dangerous situation and failed to take
reasonable steps to prevent foreseeable harm.
Time and Location of the Accident
The time and location at which the accident occurs affect the school’s liability in a case.
Accidents that occur during school hours or school supervised field trips, sports, or activities
fall under the school’s responsibility.
If a student is hurt in a bus accident on a field trip, the school can also be held liable. However,
if the accident occurs outside school hours, the institution cannot be held responsible. An
example would be if a student played on the school playground on the weekend and suffered a
broken arm from falling off the slide.

Proving School Liability

Student accidents occur every day, but proving the school is liable for your child’s injuries is
a difficult task. There are several elements of New York personal injury law that affect school
liability cases.
When you need to prove your child’s school’s liability, personal injury laws require evidence
of:

• Inadequate supervision
• Ignoring a known danger
• Inadequate or improper training of teachers and staff
• Defective or improperly maintained equipment
• Tainted or improperly handled food.
• Negligence or failure to act or provide care.

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Foreseeability of the Accident

One of the most deciding factors in school liability cases is whether the accident was
foreseeable. As the plaintiff, you need to prove that the school did not protect your child from
foreseeable harm. This is quite difficult to prove. For example, imagine a student spills a drink
in the cafeteria. The spill causes another student to slip and fall. The question is whether the
staff should have noticed the spill and then failed to clean it up, or whether the accident was
spontaneous.
In this case, it would be smart to work with a slip and fall attorney to determine whether the
school acted reasonably and whether the accident was foreseeable and preventable. Many
accidents and injuries occur due to this type of spontaneous, unforeseeable circumstance. New
York has routinely held that schools are not liable in such situations.

The Importance of Foreseeability

Cases involving injuries on school grounds often turn on whether or not the injury was
foreseeable. Negligence on the part of the school is most apparent in cases where the school
knew of a specific danger but failed to take proper precautionary measures. For example, if a
child is injured on a play structure, and it becomes clear that even cursory inspection of the
structure would have revealed a defect or danger, the school would likely be on the legal hook
for the child's injuries. Learn more about foreseeability and liability for injury.
Notable Exceptions to School Liability

Some important exceptions often apply when it comes to a school's liability for a student's
injuries. First, a school generally will not be liable for injuries that occur on school property
outside school hours or outside school-sponsored events. For example, if on a Saturday
morning a girl pushes a boy off the top of a school playground slide and the boy is injured, the
school will not be liable. It had no responsibility to supervise children on the playground on
Saturday morning if it was not sponsoring an event there at that time. This is especially true if
efforts were made to keep people off school property during non-school hours (fencing and
locked gates, for example).

Another important exception to a school's liability for injuries involves organized sports. If a
student breaks an ankle while playing football, the parents of the child cannot usually sue the
school for negligence because student athletes assume the normal risks involved in sports
activities.

Public Schools and Immunity from Liability

A lawsuit against a private school won't run up against this issue, but if you're trying to hold a
public school, school district, or school employee or official liable for a student's injuries, your
case could need to clear a few procedural hurdles. That's because as government agencies,
public school districts typically have immunity from liability for certain kinds of alleged harm.
That immunity has been conditionally waived as long as injury claimants follow a strict set of
rules for notifying the government of the claim and providing details about the underlying

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incident within a statutorily mandated time period. But failure to follow the rules can result in
loss of your right to get compensation for injuries and other damages.
Concept of Negligence
Negligence is a failure to behave with the level of care that someone of ordinary prudence
would have exercised under the same circumstances. The behavior usually consists of actions
but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of
one's previous conduct).
Primary factors to consider in ascertaining whether the person's conduct lacks reasonable care
are the foreseeable likelihood that the person's conduct will result in harm, the foreseeable
severity of any harm that may ensue, and the burden of precautions to eliminate or reduce the
risk of harm.

Kinds of Negligence may form the basis of a claim in an educational setting, the possible bases
of liability by teachers, school administrators and institutions for negligence are:
➢ Civil liability by teachers and school administrators for damages caused by their own
actions or negligence.
➢ civil liability for injuries caused by person in their custody or employment due o their
negligence in supervising them or their failure to take appropriate measures to prevent
injury.
➢ civil and criminal liability by teachers and school administrators for material damage
caused by their own reckless imprudence or gross/ inexcusable lack or care in doing or
failing to do something.
➢ subsidiary civil liability for crimes committed by persons their custody and in the
discharge of their duties, and.
➢ civil liability for breach of contract if they fail to take adequate steps to safeguard
student’s life and limb.
The duties and responsibilities of teachers, administrators and school should be taken lightly.
Teachers and administrators may become liable for their own negligence or wrongful acts or
omissions that cause damage to students. Teachers and heads of establishments may also be
liable for the damages caused by their students and those under their custody, should they be
negligent in taking appropriate precautions to prevent injury through the exercise of care in
enforcing discipline and observance of school rules and regulations upon students.

References:

https://www.alllaw.com/articles/nolo/personal-injury/injured-school-liability-
immunity-lawsuits.html
https://catalanowins.com/when-are-schools-liable-when-students-are-injured/
https://www.law.cornell.edu/wex/negligence#:~:text=Negligence%20is%20a%20failu
re%20to,victims%20of%20one's%20previous%20conduct).
https://www.dlsu.edu.ph/wp-content/uploads/pdf/research/journals/ber/vol15-2/ber3-
tomboc.pdf

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ALMENCION, MARICEL C.
1ST2324-110

V. CASES OF CONSTITUTIONAL RIGHTS

Freedom of the Mind
Freedom of Mind provides the knowledge and awareness needed to help yourself and
loved ones avoid or escape from such dangerous people and situations. The world has
changed greatly in the last decade. The rise of the Internet, the emergence of global
terrorism and of dangerous totalistic ideologies, and the shifts in global markets-these
and other changes have created new opportunities for unscrupulous individuals, groups,
and institutions to exert unethical control over others. Freedom of Mind exposes the
techniques and methods that individuals, cults, and institutions of all types-religious,
business, therapeutic, educational, governmental-use to undo a person's capacity to think
and act independently. Meanwhile, people are becoming increasingly vulnerable. Sleep-
deprived, overweight and looking to improve themselves, overloaded with often
frightening images and information, anxious about the current economic decline, climate
change, and government corruption on all levels. People are more susceptible than ever
to charismatic figures who offer simple, black v. white, us v. them, good v. evil,
formulaic solutions. Freedom of Mind book aims to fill the gap. It identifies and explains
how to identify and evaluate potentially dangerous groups and individuals. Hassan
details his groundbreaking approach, the 'Strategic Interactive Approach,' which can be
used to help a loved one leave such a situation. Step-by-step, Hassan shows you how to:
evaluate the situation; interact with dual identities; develop communication strategies
using phone calls, letter writing and visits; understand and utilize cult beliefs and tactics;
use reality-testing and other techniques to promote freedom of mind. He emphasizes the
value of meeting with trained consultants to be effectively guided and coached and also
to plan and implement effective interventions. The best way to protect yourself and your
loved ones is knowledge and awareness.

Freedom of Expression

Democracy
Freedom of expression is an important human right which is essential for a society to be
democratic. It enables the free exchange of ideas, opinions and information and thus
allows members of society to form their own opinions on issues of public importance.
Freedom of expression serves public debate and supports a free and independent press,
informed citizenship and the transparent functioning of the state.

Scope
Freedom of expression protects almost all the ways in which you can express yourself,
regardless of the content or tone of your message. It covers all:
• spaces (public and private)
• purposes (political, artistic and commercial)
• forms (words, pictures and sounds)

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• media (films, cartoons, radio, television and social media)

EXAMPLE You might be writing a comment to an article on an internet portal,
playing a song in public place, displaying an advertisement on a street or wearing a
t-shirt expressing a certain idea.
Freedom of expression protects you from unjustified restrictions of your
expressions, but it does not guarantee you access to the means for expressing your
ideas.
EXAMPLE A magazine or internet portal can refuse to publish your article or
comment and a social media company might remove a comment.

Restrictions
The right to freedom of expression is very broad, but it has limits and can be restricted.
This is when the freedom of expression of one person violates the rights of another person
or the values of society as a whole. In situations like these, the state can lawfully
restrict or punish expressions that cause harm. Examples of this are violations of private
life, defamation, hate speech, obscenity, pornography, public order, national security,
classified information, trade secrets or copyright violations.
Any measures that restrict freedom of expression must be stated in law, can only be
applied for valid reasons (legitimate aim) and must be an exception based on the
individual situation.

Hate Speech
Freedom of expression has limits, and it does not cover all expressions. Hate speech is
not protected by freedom of expression and is a punishable offence. Hate speech is any
form of incitement, the spreading or justification of hate and violence against an
individual or a group of people based on certain attributes, such as race, ethnicity, gender,
age, sexual orientation, beliefs or health condition. Hate speech is contrary to the basic
values of a democratic society and the state can, therefore, lawfully prevent or punish it.

Media freedom
Freedom of expression gives special rights and duties to the media. The media inform
society on matters of public interest and create an important platform for public scrutiny,
debate and reflection. Therefore, independent media and quality journalism are
considered to be the “watchdog” of a democratic society.
Because of this role, human rights guarantee journalists and media additional rights and
safeguards in carrying out their tasks. For example, journalistic sources have special
protection when information on issues of public interest is gathered and reported.
Journalists cannot be forced to reveal their sources except when ordered by a court.

Rights of Assembly and Petition

The right of petition took its rise from the modest provision made for it in
chapter 61 of the Magna Carta (1215). To this meager beginning are traceable, in some
measure, Parliament itself and its procedures for the enactment of legislation, the equity
jurisdiction of the Lord Chancellor, and proceedings against the Crown by petition of

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right. Thus, while the King Summoned Parliament for the purpose of supply, the
latter—but especially the House of Commons—petitioned the King for a redress of
grievances as its price for meeting the financial needs of the Monarch, and as the House
of Commons increased in importance, it came to claim the right to dictate the form of
the King’s reply, until, in 1414, the House of Commons declared itself to be as well
assenters as petitioners. Two hundred and fifty years later, in 1669, the House of
Commons further resolved that every commoner in England possessed the inherent
right to prepare and present petitions to it in case of grievance, and of the House of
Commons to receive the same and to judge whether they were fit to be received.
Finally, chapter 5 of the Bill of Rights of 1689 asserted the right of the subjects to
petition the King and all commitments and prosecutions for such petitioning to be
illegal.
The Supreme Court has asserted a similarly historical basis for the right of
peaceable assembly for lawful purposes, saying it is, and always has been, one of the
attributes of citizenship under a free government. One commentator has noted that the
Court originally conceived the rights of petition and assembly as components of a single
right but that the Court later treated the right of assembly as protecting a distinct interest
in the holding of meetings for peaceable political action.
The right of petition recognized by the First Amendment first came into
prominence in the early 1830s, when petitions against slavery in the District of Columbia
began flowing into Congress in a constantly increasing stream, which reached its climax
in the winter of 1835. Finally, on January 28, 1840, the House adopted as a standing
rule: That no petition, memorial, resolution, or other paper praying the abolition of
slavery in the District of Columbia, or any State or Territories of the United States in
which it now exists, shall be received by this House, or entertained in any way
whatever. Because of efforts of John Quincy Adams, this rule was repealed five years
later. For many years the rules of the House of Representatives have provided that
Members having petitions to present may deliver them to the Clerk and the petitions,
except such as in the judgment of the Speaker are of an obscene or insulting character,
shall be entered on the Journal. Even so, petitions for the repeal of the espionage and
sedition laws and against military measures for recruiting resulted, in World War I, in
imprisonment. Processions for the presentation of petitions in the United States have not
been particularly successful. In 1894 General Coxey of Ohio organized armies of
unemployed to march on Washington and present petitions, only to see their leaders
arrested for unlawfully walking on the grass of the Capitol. The march of the veterans on
Washington in 1932 demanding bonus legislation was defended as an exercise of the
right of petition. The Administration, however, regarded it as a threat against the
Constitution and called out the army to expel the bonus marchers and burn their camps.
Marches and encampments have become more common since, but the results have been
mixed.

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References:

https://www.amazon.com/Freedom-Mind-Helping-Controlling-
Beliefs/dp/0967068843
https://www.equalityhumanrights.com/en/human-rights-act/article-10-freedom-
expression

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TACLOBAN CITY

ALVE, IRISH CRYSTEL E.

1ST2324-111

VI. STRIKES, PICKETS, AND DEMONSTRATIONS DEFINITION AND ITS

LEGALITY

Strike
A strike refers to any temporary stoppage of work by the concerted action of employees
as a result of an industrial or labor dispute. Aside from temporary work stoppages, strikes
likewise include slowdowns, overtime boycott, sit-downs, attempts to damage, destroy or
sabotage plant equipment and facilities and similar activities, or mass leaves.
The law says: “Strike means any temporary stoppage of work by the concerted action
of employees as a result of an industrial or labor dispute.” (Section 4 (o), Republic Act No.
6715)
The Supreme Court, in the case of Gold City Integrated Port Services, Inc. v. NLRC
(G.R. No. 103560, July 6, 1995), describes strikes in the following manner: “Strike has been
considered the most effective weapon of labor in protecting the rights of employees to improve
the terms and conditions of their employment.”
Likewise, as held in the case of PHIMCO Industries, Inc. v. PHIMCO Industries Labor
Association (PILA), et.al. (G.R. No. 170830, August 11, 2010):
“A strike is the most powerful weapon of workers in their struggle with management in the
course of setting their terms and conditions of employment.”
Generally, a “strike” is a simultaneous cessation or quitting of work by a body
of workmen acting in combination for the purpose of coercing their employer to accede to some
demands they have made upon which he has refused. Joining the mass action or peaceful
assemblies during school hours amount to a strike in every sense of the term, constituting
concerted and unauthorized stoppage of, or absence from work which teachers have sworn duty
to perform.
Conformably to Article 264 of the Labor Code of the Philippines and Section 7, Rule
XXII of the Omnibus Rules Implementing the Labor Code, no labor organization shall declare
a strike unless supported by a majority vote of the members of the union obtained by secret
ballot in a meeting called for that purpose. Under the Guidelines Governing Labor Relations,
a strike or lockout may be declared illegal if any of the requirements for a valid strike or lockout
is not complied with or if declared based on non-strikable, or when the issues involved are
already the subject of arbitration. During a strike or lockout, either of the parties are
additionally prohibited from committing illegal acts.

Pickets
Picketing is a method of protesting where individuals stand outside of a workplace or
organization to publicize an issue, often a labor dispute, and persuade employees or customers
to withhold their work or business. Picketing allows the picketers to notify the public of the
existence of a strike, to disseminate information concerning the controversy, and to
communicate the facts dealing with their side of the dispute. Usually, the picketers bear signs
with messages voicing their grievances.

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Picketing is constitutionally protected as an exercise of freedom of speech. However,

picketing is subject to reasonable regulation. For example, where picketing takes place may be
restricted as an unfair labor practice, or a company may be able to get an injunction to prevent
irreparable injury caused by picketing.
Workers shall have the right to peaceful picketing (Section 11, Rule XIII, 2017 NCMB
Manual). However, in line with the program to promote industrial peace as an essential
requirement to achieve national economic and social programs, the right to peaceful picketing
shall be exercised by the workers with due respect for the rights of others. No person engaged
in picketing shall commit any act of violence, coercion or intimidation. Stationary picket and
the use of means like placing of objects to constitute permanent blockade or to effectively close
points of entry or exit in company premises are prohibited by law.

Demonstrations
Demonstration is an occasion when a group of people march or stand together to show
that they disagree with or support something or someone. These groups of people organized to
come together at a specific place and time to call attention to a specific issue. Although we
often think of demonstrations as negative--against "something," they can also be positive,
supporting particular politicians and their ideas, specific initiatives, or existing programs. They
are usually meant to influence the way things are done, or the way people think. Whether
they're aimed at politicians, bureaucrats, corporations, or the general public, they can take many
forms.
The Public Assembly Act of 1985, an act ensuring the free exercise by the people of
their right peaceably to assemble and petition the government for other purposes declares the
constitutional right of the people peaceably to assemble and petition the government for redress
of grievances is essential and vital to the strength and stability of the State. To this end, the
State shall ensure the free exercise of such right without prejudice to the rights of others to life,
liberty and equal protection of the law.
The Philippines is also a State Party to the 1966 International Covenant on Civil and
Political Rights (ICCPR). Article 21 governs the right of peaceful assembly, providing that the
right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise
of this right other than those imposed in conformity with the law and which are necessary in a
democratic society in the interests of national security or public safety, public order (ordre
public), the protection of public health or morals or the protection of the rights and freedoms
of others.

Rights of Students
Many students feel that they are not being heard by their school administrations. They
see a strike as a way to get administrators to pay attention to them and address their concerns.
Student striking is disruptive and usually does not lead to the desired changes.
Students can go on strike if they feel like they need to. It’s their right to protest. They
should consult with their school administration first to make sure that their strike won’t
interfere with their schooling. Depending on the school’s policies, there could be consequences
for participating in a student strike.

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A student strike is a form of protest in which students walk out of their classes in order
to demand change from their school or government. Student strikes can be very effective in
getting attention to the issues that students are concerned about and can often lead to changes
in policy or legislation.
Generally, these are the student’s right to protest in school:

1. The right to free speech.

2. The right to freedom of assembly.
3. The right to petition the government.
4. The right to due process.
5. The right to be free from unreasonable searches and seizures.
6. The right to legal counsel.
7. The right to a fair trial.
8. The right to confront witnesses against you.
9. The right against self-incrimination.
10. The right to appeal decisions made in your case.
It’s important for students to consider these potential risks before organizing a protest.
Students should make sure that their strike is peaceful and lawful so as not to disrupt classroom
learning or violate any laws.
Students have a right to strike, and the school should respect their right to do so. The
school also has a responsibility to ensure the safety of its students and staff, and it may need to
take steps to ensure that protesters are not disruptive or violent.
The school should also make sure that its protesters are acting within the law. The right
to protest is a fundamental part of democracy, and schools should be places where different
points of view can be freely expressed.
Decided Cases on Constitutional Rights
We, people of the Philippines, give highest value to the dignity and fullness of life of
the human person and share a common aspiration for human rights—even as we speak different
languages and dialects, profess different spiritual beliefs and uphold different ideologies.

We assert that human and peoples’ rights are our fundamental, inherent and inalienable
rights to life, dignity and development. We recognize that these rights are universal,
interdependent and indivisible and are essential to fulfill and satisfy our civil, political,
economic, social, cultural, spiritual and environmental needs. They are what make us human.
Therefore, we are entitled to the basic standards for the protection, promotion, respect and
fulfillment of human and peoples’ rights by the State.

Each of us has the right to the federal courts, the bill of rights, the criminal process, due
process, and equal protection of the laws, etc. Each case begins with a brief presentation of the
factual circumstances of the case. Search and seizure, the exclusionary rule, self-incrimination,
the right to counsel, the right to a speedy trial, and defense witnesses are discussed.

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The promotion of human and peoples’ rights is pursued through individual and
collective action. They are the product or purposive struggle and are linked to the real
conditions and concerns of the people. Most of the cases in the Philippines were decided since
1960’s. Decisions presented include ‘Macabingkil v. Yatco’ (1967), 'Morfe v. Mutuc' (1968),
‘Pagdayawon Rolando v. The Philippines’ (2004), and Biraogo v. The Philippine Truth
Commission of 2010" (2010). While much has been achieved, much remains to be done. In
this new millennium, there will remain the need for human rights defenders so long as
repressive regimes, systems and structures exist that threaten to thwart our gains.

References:
https://www.alburolaw.com/when-can-a-legal-strike-turn-into-an-illegal-strike/
https://laborlaw.ph/strike-by-the-union-or
workers/15876/#:~:text=%E2%A6%81%20Conformably%20to%20Article%2
0264,meeting%20called%20for%20that%20purpose
https://www.law.cornell.edu/wex/picketing
https://chanrobles.com/guidelinesgoverninglaborelations.htm
https://ctb.ku.edu/en/table-of-contents/advocacy/direct-action/public-
demonstrations/main
https://attorney.org.ph/batas-pambansa/batas-pambansa-blg-880
https://schoollifediaries.com/can-students-go-on-strike/?expand_article=1
https://www.ojp.gov/ncjrs/virtual-library/abstracts/constitutional-rights-accused-
cases-and-comments

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ANONI, REY-ANN R.
1ST2324-113

VII. STUDENT GOVERNMENT AND CAMPUS ORGANIZATION

The Student Government Organization maintains a cooperative relationship among
students, faculty, staff, and the outside community and works to ensure that the social needs
and responsibilities of students are being met. Together with the College Association’s Board
of Directors, the SGO oversees student clubs and organizations. It also works with the
STUDENT ACTIVITIES BOARD to plan special social and cultural events. The College
Association fee paid as part of tuition entitles each student to full membership in the SGO. The
Student Council is sponsored by the SGO and made up of representatives from all of the active
student clubs. SGO and Student Council meetings are held the second Wednesday of every
month at 1 pm in the SGO offices and are open to everyone.

Preamble
We, the Student Government Organization of SUNY Ulster aim to provide a foundation in
partnership with faculty, staff, and the community, in which social responsibilities and the
needs of the individual students are provided for, in keeping with the aims and ideals upon
which the college was founded. The Student Government Organization shall be the official
representative voice of the student body.

Article 1: Name, Partners, and Membership

The name of this organization is the Student Government Organization, hereafter referred to as
SGO.
Together with the College Association’s Board of Directors, the SGO oversees student clubs
and organizations. It also works with the Student Activities Board to plan special social and
cultural events. The Student Council is sponsored by the SGO and made up of representatives
from all active student clubs.
Students registered at SUNY Ulster are entitled to all benefits and privileges the organization
may provide. The College Association fee paid as part of tuition entitles each student to full
membership in the SGO.

Article II: Composition

Section 1: Officers
There shall be a student elected President, Vice-President, Secretary and Treasurer of the SGO.
Student officers must be 18 years, shall have completed no fewer than 12 credits at the time of
taking office, have a minimum 2.5 GPA at the time of taking office and maintain a minimum
2.5 GPA both by semester and cumulative average. Officers must be in good academic and
disciplinary standing. Officers found responsible for disciplinary infractions will be required
to participate in the judicial process of SGO or if they choose, can resign (See By- Law 3.1).

By- Law 2.1: Officers

Officers of SGO include:
1. President

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2. Vice President
3. Secretary
4. Treasurer
5. Student Trustee
All other members of SGO are hereafter referred to as The Senate (senators).

By- Law 2.2: Qualifications

All officers must meet the following qualifications:
1. 18 years old
2. Completed no fewer than 12 credits.
3. Minimum GPA of 2.5 at time of office, maintained throughout semester and at
the final cumulative average.
4. Good academic and disciplinary standing
5. No violations of the code of conduct as detailed in the judicial process.

All members of The Senate must meet the following qualifications:

1. 18 years old
2. Completed no fewer than 12 credits.
3. Minimum GPA of 2.5 at time of office, maintained throughout semester and at
the final cumulative average.
4. Good academic and disciplinary standing
5. No violations of the code of conduct as detailed in the judicial process.
Note: An officer or senator may be under the age of 18 with the exception of the Student
Trustee through a special vote.

Section 2: President
The President of SGO must meet the qualifications of an Officer. The President shall:
1. Be the official representative of the student body.
2. Serve as the presiding officer of the Student Council
3. Have the authority to fill all vacancies, make appointments and have the sole power to
declare a special election.
4. Be the ex-officio member of all Committees.
5.
Section 3: Vice President
The Vice President must meet the qualifications of an Officer. The Vice-President shall assume
the duties of the President in his/her absence.

Section 4: Treasurer
The Treasurer must meet the qualifications of an Officer. The Treasurer shall, in conjunction
with the College Association financial officer and/or the coordinator of campus life work to
keep records of all allocations and expenditures of SGO funds.

Section 5: Secretary
The Secretary must meet the qualifications of an Officer. The Secretary shall:

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1. Record accurate, professional minutes of all SGO and Student Council meetings.
2. Maintain a record and calendar of all club meetings and activities.

Section 6: Student Trustee

There shall be a student elected Student Trustee representing the student body on the College
Board of Trustees. The Student Trustee must the qualifications of an officer. The Student
Trustee shall:
1. Be a voting member of the College’s Board of Trustees
2. Act as the voice of the student body to the College Trustees
3. Give monthly reports to the Board of Trustees and to the SGO
To avoid the appearance of a conflict of interest, the student trustee may not hold a paying
position on campus during his/her term of office.

Section 8: Term of Office

The term of office shall be one year beginning one day after Commencement of the year in
which he/she is elected and shall continue in that office until the day of Commencement the
following year.

Section 9: Powers
All powers and authority of SGO and the Student Council shall be vested in the officers and
club representatives.

Section 10: Officer and Senator Responsibilities

All Senators must understand the responsibilities of their position. This includes event, social
media and ethics policy.

By-Law 2.3 Event Policy

1. SGO Officers and Senators will participate in events approved by SGO.
2. SGO Officers and Senators will be required to sign up to work events at half
hour intervals using the SGO Google Drive Calendar.
3. SGO will advertise all SGO events with flyers or bulletins approved by the SGO
Advisor(s).
4. While working events it is required that SGO Officers and Senators wear
appropriate attire for the event or an official SGO article of clothing (sweatshirt,
tee shirt, etc)
5. SGO Officers and Senators will not consume alcohol or illegal drugs before or
during any event sponsored by SGO or SUNY Ulster.
6. SGO Officers and Senators are representatives of SGO at events and will uphold
the SGO constitution, by-laws and SUNY Ulster Code of Conduct.

By- Law 2.4Social Media Policy

SGO Officers and Senators have the right to freedom of expression within the law. SGO
and SUNY Ulster encourage personal freedoms but maintain that these freedoms must be
exercised responsibly.

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SGO Officers and Senators are representatives of SGO through their term. With this, all
Social Media activity must follow the SGO Constitution, By-Laws, and the SUNY Ulster
Code of Conduct.
Any misuse of social media that is determined to violate these policies will be brought to
SGO for grounds of removal. This can include but is not limited to:
1. Inappropriate language, offensive terms/phrases/photographs that disrespect
individuals based on race, color, national origin, ancestry, gender, religion, age,
disability or sexual orientation.
2. Any language that can be deemed threats, bullying, hate speech, slander or
personal attacks.
3. Any confidential material for SGO members only.
Individuals are responsible for any content that is published through their social media
accounts. See By-Law 3.1 for the official Impeachment Procedure.

By- Law 2.5: Ethics Policy

SGO Officers and Senators shall adhere to the following Ethics Policy:
1. Act in accordance with the standards of SGO including the positive and
collaborative partnership with faculty, staff, the student body, and the
community.
2. Be honest regarding work, follow through with obligations, and always respect
your fellow SGO colleagues.
3. Adhere to the policies set forth in the SGO Constitution, By-Laws, and the
SUNY Ulster Code of Conduct.
4.
Section 11: Clubs
SGO shall have the authority to establish requirements for recognizing student clubs and in
conjunction with the Student Activities Board (SAB) establish requirements for allocation of
all student activity funds.
By-Law 2.6: Clubs
To be recognized as a student club an interest sheet noting the following must be
submitted:
1. Club Name
2. Name of Club Advisor
3. Signatures of eight students
4. Purpose of Club and Contribution to Campus
5. Requirements For Membership
6. Officers and Duties
7. Meeting Schedule
8. Participation in Student Council Meetings
9. Submit Club Constitution and By-Laws
Also see the How to Start a New Club, The Procedure Guide for Clubs, and Club
Signatures documents on The Portal.

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Section 12: Annual Budget

SGO in conjunction with the College Association and the Student Activities Board shall
prepare an annual operating budget. There shall be a subcommittee of the College Association
to review club requests.
Article III: Impeachment Procedures
In the event that an SGO member has violated any part of the SGO Constitution, By-Laws or
the SUNY Ulster Code of Conduct, an impeachment hearing will be conducted.
By- Law 3.1: Impeachment Procedure
In the event that an SGO Officer or Senator has violated any part of the SGO Constitution,
By-Laws, or the SUNY Ulster Code of Conduct, the following impeachment procedure to
ensure fairness and equitable treatment for all parties will be taken:
1. Written charges with sufficient evidence against the SGO Officer or Senator in
question with at least five (5) SGO Officer or Senator signatures must be
submitted to the SGO Advisor in order to begin an investigation.
2. The accused will be notified of the charges through a notification letter stating
the intent to conduct an impeachment hearing within one (1) week of submittal
of written charges.
3. The SGO will hold an impeachment hearing within three (3) business days from
the date the accused received their notification letter.
4. The accused has the right to:

a. Waive the hearing and accept the impeachment.

b. Submit a written resignation letter.

c. Speak at the Impeachment Hearing

d. Bring a representative of their choice to act as an advocate. The advocate

cannot participate in the hearing, cannot be a member of SGO or the SGO
advisor.

e. Question any SGO Officer or Senator that has witnessed or has knowledge
of the accusation.

f. Provide evidence related to the dismissal of the accusation.

5. At the conclusion of the hearing, the accused will be asked to leave the room.
At this point, the SGO Officers and Senators will vote to decide if the accused
will be impeached. A majority vote is needed for impeachment.
6. If a majority vote is not reached, the SGO Officers will make the decision.
7. If impeached, the impeached student can request a written report containing the
findings and result of the impeachment hearing. If this request is made, the
report will be submitted to the impeached student no later than seven (7) days
after the written request was made.

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8. The impeached student may file an appeal within seven (7) days to the Dean Of
Students.
9. If the Dean of Students approves the appeal, the impeached student can return
to the next scheduled SGO Meeting to ask to be reinstated. Reinstatement will
be by a 2/3 vote.

Article IV: Elections

Section 1: Elections
Elections for all SGO offices, for the Student Trustee, and for the three members of the College
Association Board of Directors, shall be held in the month of April. All positions shall be for
the term of one year, beginning on the day of Commencement in that academic year. The
elections dates and times shall be announced 30 days in advance.

Section 2: Nominations
Nominations for positions shall come from the student body in the form of signed
petitions. The SGO President shall appoint an Election committee who shall be responsible
for collecting and reviewing petitions, determining election rules, running election booths and
counting ballots.

Section 3: Campaigns
All candidates will be allowed to display campaign materials in appropriates places on
campus. No campaign materials will be allowed in the areas of the voting booths.
Electioneering by any candidate is not allowed within 50 feet of the voting booths on the day
of the election. Inappropriate election practices, such as removing other candidate’s materials,
will be cause for removal from the ballot.
By-Law 4.1 Campaign Rules
Campaigning activities include:
1. Displaying campaign materials in appropriate places on campus.
2. Introducing oneself to others as a candidate.
3. Marketing views, platforms, goals and ideas to others.
Campaign violations include:
1. Removal of opponents’ campaign materials
2. Any verbal, written, or other slander of an opponent.
3. Displaying campaign materials within 50 feet of voting booths
4. Any activity that is deemed inappropriate or violates the SGO Constitution, By-
Laws, or SUNY Ulster Code of Conduct.
Campaign violations will result in removal from the ballot.

Section 4: Run-Off Election

In the event of a tie vote, the Election Committee shall set a date for a runoff election. The
same procedures shall be followed as in a regular election except no further petitions need to
be submitted.

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Article V: Meetings
Section 1: Meetings
SGO meetings are scheduled Wednesdays at 2:00 PM in the SGO Office.
By-Law 5.1Attendance/Participation
1. SGO Officers and Senators are required to attend SGO Meetings.
2. If an Officer or Senator of SGO misses four meetings for the semester, they will
be dismissed from SGO.
3. Special circumstances should be brought to the SGO President and SGO
Advisor for review.
4. SGO Officers and Senators are required to participate in SGO events. Each
member of SGO needs to sign up for events using the SGO Google Drive
Calendar.
5. Each Officer and Senator of SGO must understand that they can be required to
work up to six hours per week for SGO.
6. If scheduled events are missed this will count as an absence.
7. Meeting and event absences totaling more than four in one semester will be
grounds for automatic dismissal from SGO.

Section 2: Special Meetings

Special meetings may be called by the SGO president at the request, in writing, of three or
more members.

Section 3: Notice of Meetings

Notice of the place, day and time of the meetings, with general description of the business to
be transacted, shall be announced at least one week in advance.

Section 4: Quorum
Two SGO officers and at least three club representatives shall constitute a quorum to conduct
business. All motions shall be determined by a majority vote of those members present.

Article VI: Student Council

Section 1: Student Council
The Student Council, made up of representatives from each active club, shall be the presided
over by the SGO. The Student Council shall be the venue for all student input on college student
life matters. Club representation is required in order for student clubs to maintain active status
and to be eligible for student activity funding.

Section 2: Student Council Meetings

Student Council meetings are held on the first and third Wednesday of each month at 1:00 p.m.
in Vanderlyn Hall, Room 111, and are open to everyone.
By-Law 6.1 Student Council
The SGO President and Vice President shall attend each Student Council meeting.

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Section 3: Voting
Club representatives shall have one vote each on the Student Council. SGO officers shall have
one vote each. Members shall be present to vote. A written proxy shall be accepted.

Article VII: Advisement

Section 1: Advisor
The SGO advisor shall be the Coordinator of Campus Life or his/her designee. The Advisor
shall serve as a consultant to SGO and render an opinion when needed.

Section 2: Parliamentary Procedures

Roberts Rules of Order shall be the authority for decisions relating to parliamentary procedures
not already provided for in these By-Laws.

Section 3: College Association

There shall be a Board of Directors of the College Association for the purpose of controlling
the use of funds collected for the College Association. Members of the Board of Directors shall
be of legal age, 18, by the time of the first board meeting and shall be in good academic
standing. There shall be six students on the College Association Board of Directors. One seat
is reserved for the SGO President. The student body shall elect three students and the SGO
President shall appoint three students.

Article VIII: Amendments

Section 1: Constitution
This constitution may be added to, amended, altered, or repealed at any meeting of SGO
providing at least fifteen (15) days’ notice has been given referring to the proposed action
by a majority of the voting membership.
Section 2: By- Laws
The By-Laws may be added to, amended, altered, or repealed at any meeting of SGO
providing at least fifteen (15) days’ notice has been given to the proposed action by a
majority of the voting membership.
The By-Laws cannot be added to, amended, altered, or repealed in any way that conflicts
with the SGO Constitution.

Article IX: Committees

Section 1: Ad-Hoc Committees
The SGO has the power to form Ad- Hoc Committees. These committees are temporary and
set up to solve a specific problem or work towards a specific goal.
Ad- Hoc Committees must be at least three but not more than five members of SGO.

Section 2: Standing Committees

Student membership is encouraged and solicited for several of SUNY Ulster’s standing
committees. Students interested in serving on any of the following committees should contact
the Assistant Dean of Student Development, VAN 247, 687-5288.

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Section 3: Affirmative Action, Equity, and Access Committee

This committee is charged with conducting a review of the College’s affirmative action policy
and procedures for Federal and State compliance on an annual or semester basis. The
committee is responsible for developing a college-wide program on multiculturalism and
gender equity.

Section 4: Campus Safety, Environment, and Facilities

This committee is charged with advising the Dean of Administration in the monitoring of the
College’s program of safety, with particular emphasis on crime prevention and reporting and
on preservation of a healthy and accessible campus environment conducive to academic
learning. Committee members evaluate these areas and make recommendations for
improvement strategies. They are also charged with promotion of recycling regulations and of
proper procedures for the disposition of all recyclable materials.

Section 5: Curriculum Committee

This policy-making committee is charged with considering new course offerings and programs
or changes to existing course offerings and programs.

Section 6: Planning and Assessment Committee

This policy-making committee is charged with the evaluation and review of the College’s
campus-wide plan, the planning process, and assessment methods. Assessment activities are
focused on educational outcomes and institutional effectiveness.

Section 7: Ulster Community College Association

Under regulations of the State University of New York, the College will not participate
financially in extracurricular activities. SUNY Ulster formed a separate, not-for-profit
corporation to establish, finance, and operate faculty and student activities, known as the Ulster
Community College Association. Membership is made up of six students presently registered
at SUNY Ulster, four faculty members, four representatives of the administrative staff, one
member of the Board of Trustees, and nonvoting ex-officio members, including the President
of the College and the Association’s Financial Secretary.
The Association has two main purposes: to cultivate, promote, and encourage the development
of such appropriate extracurricular activities for the academic community which will parallel
the educational goals of SUNY Ulster; and to receive, manage, and control the revenues and
disbursements of student activities (SGO, clubs, and athletics), day care, and workshops and
special campus events.
Article X: Non- Discrimination Statement
The SGO will not discriminate against members or clubs due to race, color, religion, national
origin, sex, sexual orientation, gender identity, age or disability.

Article XI: Definitions

Ex- Officio: Member of a body who is part of it by virtue of holding another office.

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Proxy: The given authority to represent someone else in voting

Quorum: The minimum number of members a group or assembly that must be present at the
meeting to make the meeting valid.

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ARAZA, RAQUEL G.
1ST2324-114

Rules Governing Student Organizations

Powers and Duties of the Supreme Student Government

Sec. 1 The Supreme Student Government shall be the highest governing body of the entire
student.

Sec. 2 The SSG shall have the following functions and responsibilities:

a. Formulate and recommend programs that will address relevant issues/concerns of the
student.
b. Plan and Implement policies and programs designed to protect and to promote students’
rights and welfare.
c. Monitor and evaluate the student’s activities in the school and in the community.
d. Create committees necessary to address the needs of the students.
e. Make recommendations to school authorities regarding student matters, affairs, and
activities.
f. Serve as the representative of the student in voicing their opinions, suggestions, and
grievances.
g. Participate in the crafting/formulation of School Improvement Plans (SIP’s);
h. Act as coordination council of all campus co-curricular organizations.
i. Have such powers and duties as the school authorities and the student may, from time
to time, grant or delegate, consistent with stated principles, objectives and school
policies.
j. Spearhead all mandated thrust, programs and activities of the SSG, such as but not
limited to anti -drug abuse, anti-smoking, brigade eskwela, Tutorial Services for
challenged learners and Environmental Program.
k. Monitor and supervise the election of the Supreme Student Government Officers for
the Succeeding school years.
l. Monitor and coordinate elections of other recognized campus co-curricular
organizations.
m. Recommend to the School Head the granting, renewal or revocation of accreditation of
campus students’ organizations.
n. Turn-over financial assets, papers, documents, properties, and other responsibilities to
the incoming Student Government Officers, and,
o. Submit financial and accomplishment reports to the school authorities on a monthly
basis. Terminal report must be submitted to the school authorities and the incoming
SSG officers during the turn-over of responsibilities.

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References:

https://en.wikipedia.org/wiki/Student_Government_in_the_Philippines
https://sagadanationalhighschool.wordpress.com/campus-life/student-
organizations/supreme-student-government/

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ARAZA, RUBYLENE T.
1ST2324-115

Provisions Relating to Freedom of Expressions.

Public school students possess a range of free-expression rights under the First
Amendment. Students can speak, write articles, assemble to form groups and even petition
school officials on issues. The U.S. Supreme Court has said that students “do not shed their
constitutional rights to freedom of speech and expression at the schoolhouse gate.”
p. There is a fundamental distinction between public and private school students under the
First Amendment. The First Amendment and the other provisions of the Bill of Rights
limit the government from infringing on an individual’s rights. Public school officials
act as part of the government and are called state actors. As such, they must act
according to the principles in the Bill of Rights. Private schools, however, aren’t arms
of the government. Therefore, the First Amendment does not provide protection for
students at private schools.
q. Though public-school students do possess First Amendment freedoms, the courts allow
school officials to regulate certain types of student expression. For example, school
officials may prohibit speech that substantially disrupts the school environment or that
invades the rights of others. Many courts have held that school officials can restrict
student speech that is lewd.
r. Many state constitutions contain provisions safeguarding free expression. Some state
Supreme Courts have interpreted their constitutions to provide greater protection than
the federal Constitution. In addition, a few states have adopted laws providing greater
protection for freedom of speech.

Students Government Funds

s. Student funds shall be segregated from district and other appropriated funds and shall
be accounted for separately. This is an important element of internal control that is
easily lost if funds are comingled. Many schools take advantage of the laws that govern
student body funds by incorporating their implementation into a learning experience
for their students. For instance, a formal constitution that states the name and purpose
of the organization is usually required. The constitution presents the framework within
which the organization will operate. Students and advisors are heavily involved in
creating and maintaining their constitution. The constitution outlines the titles and
duties of officers, election of officers, terms of office, and the requirements for
eligibility to hold office. At a minimum, the elected officers include a president and
treasurer. The constitution also includes rules governing financial activities including
budgets, reporting requirements, and authorization of disbursements.
t. Accountability
u. There are occurrences of "disappearing" student money that can adversely affect a
school's reputation or the reputation of its employees. Most disappearances involve cash

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where proper internal controls were not in place. Stories of missing game gate receipts
or student store money are not uncommon.
v. To maintain the public's trust and safeguard the student funds, it is important that the
funds be accounted for in a responsible manner. Uniform systems to ensure adequate
accounting procedures, supervision, segregation of duties, and auditing are necessary.
As part of the annual audit of a school district, auditors routinely audit a sample of
student body funds within the district. The auditors review for proper accounting
procedures, compliance with the law, and for solvency. In addition, unlike many other
types of audits, they check to see that reserves are not excessive–the reason being that
typically, funds raised in a school year should be spent on those students doing the
fundraising and not for future students.
w. Student body funds also have to comply with state and federal regulations that affect
all types of businesses. As an example, student body payments often are made to
independent contractors to perform services such as catering, concessions,
performances, and so forth. Like everyone else, they have to comply with the Internal
Revenue Service's guidelines. Amounts exceeding $600 in one calendar year must be
reported on form 1099MISC. This task can be overwhelming and complex. As a result,
many school districts require that contractor payments be made through the centralized
business office.
x. Sometimes employees are funded through student body funds to provide help for
extracurricular activities. Because student bodies typically do not have the expertise or
technology to be employers, most districts run student-body-funded salary payments
through their district payroll office. There are several other issues such as use tax and
sales tax that also apply to student body funds. Using existing payroll and human
resource systems for positions funded by student body funds is a good idea because it
allows all of the applicable taxes, employee deductions, and fringe benefits processing
to be automated and compliant with the law.
y. Fund-raisers involving students and parents are the biggest source of income for student
body funds. Car washes, candy sales, and carnivals bring in millions of dollars to
student body funds each year. This money pays for computers, playground equipment,
field trips, and many other athletic and enrichment programs.

References:

https://rm.coe.int/handbook-freedom-of-expression-eng
https://www.article10.org/up-content
https://www.equalityhumanrights.com/en/human-rights-act/article10-freedom-
expression
htpps://www.oecd-library.org/the-funding-of-school-education

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BABANTE, DONA S.
1ST2324-117

VIII. CAMPUS PUBLICATION

Student publications play a vital role in informing students about events and
occurrences on campus, exposing wrongdoing, holding leadership accountable, and informing
the larger community about relevant events. The purpose of the constitution and by-laws of the
campus publication forefront shall serve primarily as a newspaper of and for the students. It
shall protect and promote the constitutionally mandated rights of students to free speech and
of expression. In addition, it shall protect and promote the students’ rights and welfare.

Authority to Publish
The right to provide the article in all forms and media so the article can be used on the
latest technology even after publication. The authority to enforce the rights in the article, on
behalf of an author, against third parties, for example in the case of plagiarism or copyright
infringement.
The permission to publish and republish statement is part of the online submissions
process. The author checks the appropriate box depending on whether the author is a U.S.
government employee, employee of non-U.S. governments that require separate copyright
forms, or a non-government author. Generally, work done by government employees on
government time is in the public domain and cannot be copyrighted; the form certifies how the
work was done. The copyright law also requires that permission be obtained to use copyrighted
material that was published elsewhere. It is the author’s responsibility to obtain permission
from the owner of material not in the public domain. Correspondence should be sent to the
appropriate copyright holder requesting permission. The permission statement(s) should be
sent to headquarters to become part of the manuscript documentation.

Management Campus Publication

School newspaper provides a platform for students to express their ideas and creativity.
It helps to develop their critical thinking skills. Moreover, it can be instrumental in building
peer-to-peer relationship, while shaping their perspectives, opinion and identity. Student
publications play a vital role in informing students about events and occurrences on campus,
exposing wrongdoing, holding leadership accountable, and informing the larger community
about relevant events. To publish is to make content available to the general public. While
specific use of the term may vary among countries, it is usually applied to text, images, or other
audio-visual content, including paper (newspapers, magazines, catalogs, etc.).

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BACALTOS, MARLON O.
1ST2324-118

Limitations on Campus Press Freedom

The press is often referred to as the watchdog of the government. Ideally, in the school
setting, the campus paper should also serve as the watchdog of the
administration. In the Philippines, the press is given certain amount of freedom
so that they can carry out their functions of reporting what is essential and
newsworthy. However, even democratic countries like the Philippines do not believe in the
absolute freedom of the press because absolute freedom may lead to abuse of power. This
handout discusses the scope and limitations of press freedom in the Philippines and the scope
and limitations of press freedom in the school as provided in RA7079 or the Campus
Journalism Act of 1991 in the Philippines.

Limitations Established by Law

1) Immunity: Immunity is the special right granted to certain individuals in position of
authority which shield them from prosecution while in office regardless of the offence
committed. Such people are diplomats, presidents and governors. This is a limitation against
the rule of law.

2) Administrative Tribunal: They are set up in some countries to try erring public officers.
While ordinary citizens are tried in the ordinary courts.

3) Delegated Legislation: Delegated legislation refers to laws and orders promulgated by

bodies other than parliaments. This is against the rule of law.

4) Special Courts: In Nigeria, tribunals are set up to try certain corruption cases of public
officials. Those tried in this special court seldom felt they do not get fair hearing (Such as the
Oputa panel).

5) Over Crowding of the Court: Cases are delayed sometimes as a result of insufficient judges
to handle cases and this result into keeping accused person for too long.

6) Ignorance and Poverty: Many dies in silence as a result of ignorance as they fail to pursue
their case in the court of law.

7) Emergency Period: Citizens of a country may be denied some of their human rights during
state of emergency. Rights such as freedom of movement when curfew is declared during
emergency.

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Solutions to problems of Rule of Law

1. The supremacy of rule of law ensures no person can claim to be above law.
2. It ensures adherence of principles of natural justice like: giving reasonable opportunity,
impartiality of decision, etc.
3.It leads to fairness, both substantive and procedural.
4.It leads to respect of how the system works, including those who are leaders.
5.It ensures that leaders follow the proper procedure for creating new laws, and they respect it
when the courts tell them those laws are not enforceable.
6.It is this system which prevents dictatorships.
7. Rule of law regulate society, protects people and helps to enforce rights.
8. It helps to solve conflicts.
9. Rule of law prevent or deter people from behaving in a manner that negatively affects the
quality of life of other people, therefore the consequences of breaking the law often fit the
crime.

References:

https://www.coursehero.com/file/81673932/AC-133-Lesson-5-Scope-and-
Limitations-of-Press-Freedom-7ce56a3537650ae618a8738d88ca838edoc/
https://www.investopedia.com/terms/s/statute-of-
limitations.asp#:~:text=The%20statute%20of%20limitations%20is,jurisdiction
%20it%20is%20being%20disputed.

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BACSAL, RACHELL L.
1ST2324-119

IX. TUITION AND OTHER FEES, SCHOLARSHIP, AND LOANS

Under the REPUBLIC ACT No. 10931

AN ACT PROMOTING UNIVERSAL ACCESS TO QUALITY TERTIARY
EDUCATION BY PROVIDING FOR FREE TUITION AND OTHER SCHOOL FEES
IN STATE UNIVERSITIES AND COLLEGES, LOCAL UNIVERSITIES AND
COLLEGES AND STATE-RUN TECHNICAL-VOCATIONAL INSTITUTIONS,
ESTABLISHING THE TERTIARY EDUCATION SUBSIDY AND STUDENT LOAN
PROGRAM, STRENGTHENING THE UNIFIED STUDENT FINANCIAL
ASSISTANCE SYSTEM FOR TERTIARY EDUCATION, AND APPROPRIATING
FUND it enacted by the Senate House of Representatives of Philippines in Congress. It is
hereby declared that quality education is an inalienable right of all Filipinos, and it is the policy
of the State to protect and promote the rights of all students to quality education at all levels.
Therefore, the State shall take appropriate steps to make such education accessible to all.

Tuition and other fees

Section 4. Free Higher Education in SUCs and LUCs. - All Filipino students who are either
cirrently enrolled at the time of the effectivityof this Act, or shall enroll at any time thereafter,
in courses in pursuance of a bachelor's degree, certificate degree, o any comparable
undergraduate degree in other school fees for units enrolled in: Provided, That they pass the
entrance examination and other admission and rentention requirements of the SUCs and
LUCs: Provided. Further, that all SUCs and LUCs shall create a mechanism to enable students
with the financial capacity to pay for their education in the SUC and LUC to voluntarily opt
out of the tuition and other school fees subsidy or make a contribution to the school. SUCs and
LUCs must report the tuition payments and contributions collected from these students to the
CHED: Provided, finally, That the amount required to implement the free tuition and other
school fees in SUCs and LUCs shall be determined by the respective governing boards of SUCs
and LUCs based on the projected number of enrollees for each academic years, which shall be
the primary factor in computing the annual proposed budget of SUCs and, in the case of LUCs,
the CHED for such purpose. This shall in turn serve as the baseline during the preparation of
the annual National Expenditure Program (NEP) by the Department of Budget and
Management (DBM).

Section 5. Free TVET in Post-Secondary TVIs. - All Filipino students who are currently
enrolled at the time of the effectivity of this Act, or shall enroll at any time thereafter in any
post-secondary TVET leading to nondegree certificate or diploma programs offered by any
state-run TVI under the TESDA shall be exempt from paying tuition and other school
fees: Provided, That all state-run TVIs shall create a mechanismto enable students with the
financial capacity to pay for their education in the TVI to voluntarily opt out of the tuition and
other school fees subsidy or make a contribution to the TVI. TVIs must report the tuition
payments and contributions collected from these students.

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The amount required to implement the free tuition and other school fees in state-run TVIs shall
be determined by the governing board of the TESDA based on the projected number of
enrollees for each course, which shall be primary factor in computing for the annual proposed
budget of the TESDA for such purpose. This shall in turn serve as the baseline during the
preparation of the annual NEP by the DBM.

Section 6. Exceptions to Free Tertiary Education. - The following students are ineligible to
avail of the free tertiary education:
(a) In SUCs and LUCs:
(1) Students who have already attained a bachelor's degree or comparable
undergraduate degree from any HEI, whether public or private:
(2) Students who fail to comply with the admission and retention policies of the
SUC or LUC.
(3) Students who fail to complete their bachelor's degree or comparable
undergraduate degree within a year after the period prescribed in their program;
and
(b) In State-Run TVIs:
(1) Students who have obtained a bachelor's degree, as well as those who have
received a certificate or diploma for a technical-vocational course equivalent to
at least National Certificate III and above:
(2) Students who fail in any course enrolled in during the course of the program.

Section 7. TES for Filipino Students. - To support the cost of tertiary education or any part or
portion thereof, a TES is hereby established for all Filipino students who shall enroll in
undergraduate-post-secondary programs of SUCs, LUCs private HEIs and all TVIs. The TES
shall be administered by the UniFAST Board and the amount necessary to fund the TES shall
be included in the budgets of the CHED and the TESDA: Provided, That prioritization shall be
given to students in the following order: (a) students who are part of households included in
the Listahanan 2.0, ranked according to the estimated per capita household income; and (b)
students not part of the Listahanan 2.0, ranked according to estimate per capita household
income based on submitted documentation of proof of income to be determined by the
UniFAST Board: Provided, further, That such prioritization shall not apply to Filipino students
in cities and municipalities with no existing SUC or LUC campus.
The TES may, among others, and to support the cost of tertiary education or any part or portion
thereof, cover the following:
(a) Tuition and other school fees in private HEIs, and private or LGU-operated TVIs,
which shall be equivalent to the tuition and other school fees of the nearest SUC or
state-run TVI in their respective areas.
(b) All allowance for books, supplies transportation and miscellaneous personal
expenses including a reasonable allowance for the documented rental or purchase of a
personal computer or laptop and other education-related expenses:
(c) An allowance for room and board costs incurred by the student.
(d) For a student with a disability, an allowance for expenses related to the student's
disability, an allowance for expenses related to the student's disability including special

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services, personal assistance, transportation, equipment, and supplies that are

reasonably incurred: and
(e) For a student in a program requiring professional license or certification, the one
(1)-time cost of obtaining the first professional credentials or qualifications, which may
include the following: application fees, notarial fees, review classes fees, insurance
premium fees and documentation fees: Provided, That the amount of subsidy shall be
based on the guidelines set forth by the UniFAST Board and on the annual budgetary
appropriation for this purpose.

Scholarship
Below are the Scholarships for College Students in the PHILIPPINES. To learn more about
the application process, eligibility, scholarship program, financial assistance, requirements, and
application form, please read the complete article on Scholarships for College Students.

1. DOST Scholarship
For students who are interested in pursuing a career in science and technology, they are eligible
for the Department of Science and Technology Scholarship.

2. Hawak Kamay Scholarship

Hawak Kamay Scholarship 2023 is open to apply for all Eligible Filipinos. With the Araullo
University (AU) HawakKamay (HK) Scholarship, incoming freshmen college students will
have the opportunity to receive a scholarship grant that will be valid until the completion of the
chosen college programme, with no need to maintain grades.

3. Bangon Marawi Scholarship Program

The Bangon Marawi Science and Technology Human Resource Development DOST-SEI
Program

4. U-GO Scholar Grant Program

The Ayala Foundation will be in charge of managing every part of the program’s execution,
including the review of applications, scholar monitoring, and interviews.

5. AcadArena Scholarships and Aid

AcadArena Scholarships & Aid for ALL5 is a merit-based scholarship specifically designed
for students participating in campus esports at the ALL5 Universities, which include DLSU,
ADMU, UST, HAU, and FiT.

6. TeachSTEM Scholarship
The TeachSTEM Scholarship Program aims to develop and strengthen quality STEM
educators who will be STEM champions in their communities and prepare future learners to
contribute to nation-building. The program aims to improve 21st Century learners and build a
STEM-oriented culture among Filipino learners and educational stakeholders by providing
educators with rich content knowledge, strong teaching skills, and relevant values.

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LOANS
An education loan is a sum of money borrowed to finance post-secondary education or higher
education-related expenses. Education loans are intended to cover the cost of tuition, books
and supplies, and living expenses while the borrower is in the process of pursuing a degree.
Payments are often deferred while students are in college and, depending on the lender, for an
additional six-month period after earning a degree. This deferment period is also referred to
as a "grace period."
Education loans are issued for the purpose of attending an accredited college or a university
to pursue an academic degree. Education loans can be obtained from the government or
through private-sector lending sources. Federal loans often offer lower interest rates, and some
also offer subsidized interest (meaning the United States Department of Education pays the
interest on the loan while a student is in college at least half-time).1 Private-sector loans
generally follow more of a traditional lending process for applications, with rates that
are typically higher than federal government loans.

Types of Education Loans

Although there are a variety of education loans, they can be broken down generally into two
basic types: federal loans (sponsored by the federal government) and private loans.

Federal student loans

Most borrowers first seek federal government financing if they need to borrow funds for
education expenses. The first step in seeking education loans through the federal government
is to complete a Free Application for Federal Student Aid (FAFSA).2 Depending on the
applicant's status, particularly in regard to their parental dependency, additional information
may be required to complete the application. A credit check is not generally required as part
of the application process. The amount of principal on the loan or loans is primarily based on
the cost of attendance at the school the student is planning on attending. Once a FAFSA form
is completed, the schools listed on the FAFSA application work to identify the financial aid
package that the student is eligible for.3
Various types of federal student loans exist, including direct subsidized, direct unsubsidized,
and direct consolidation loans. If offered and accepted, funds will be issued by the federal
government to the specified university to cover the student's academic costs. If there are
remaining funds available, they will be disbursed to the student. A student may use these funds
to cover other expenses that they incur while pursuing a degree. If a student qualifies for
subsidized loans, the borrower’s interest will be covered while they are in school. If a student
qualifies for unsubsidized loans, the interest on their loans will be deferred as long as they are
enrolled in classes and remain in good academic standing.

Private student loans

In some cases, the student loan package that a student is issued through the federal government
may suggest that the borrower applies for additional funds through private lenders. Private
student loans also include state-affiliated lending nonprofits and institutional loans provided
by the schools. These types of loans will generally follow a more standard application process

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(like what is typical of any private-sector loan). Applications for private student loans
typically require a credit check.
Borrowers can apply directly to individual private-sector lenders for funds. Similar to federal
funds, the approved amount will be influenced by the school a borrower is attending. If
approved, funds for educational expenses will first be disbursed to the school to cover any
pending bills; the remaining amount is then sent directly to the borrower.

Special Considerations
Accumulated debt from college can be an overwhelming burden after graduation.
If a student has taken out numerous education loans, consolidating them can be a good option
for more easily managing the debt load. Multiple federal education loans can be combined
into a single direct consolidation loan.5 Also, many private lenders now allow borrowers to
combine both their federal and private loans into one loan. It's important to note that in this
scenario, the new loan will be a private one because it will be issued by a private lender.
Because the loan will be considered a private loan, the debt will no longer be eligible for
certain federal programs for loan forgiveness and repayment.6 There is no option for
borrowers to combine private and public loans into a new public loan.
A number of employers are also beginning to integrate consolidation services and student loan
payment benefits into their employee benefit programs as a way of helping to increase the
support available for managing student loan debt after college.
Students and their families should consider all of their options before signing up for higher
education loans that could become a crushing burden in the future. Some alternatives to—or
ways to reduce the size of—loans include working part-time, accepting work-study offers,
attending a less expensive school, finding a job that offers tuition reimbursement as a benefit,
and applying for scholarships that help to cover the cost of tuition and room and board. When
the student has graduated, it also helps to search for a job that offers help with student debt as
a benefit.
What type of debt are student loans?
Student loans are considered unsecured installment debts, meaning there isn't a physical asset
tied to them, and they're paid back in a set number of installments over an agreed-upon period
of time.7
What are the four major types of educational loans?
There are four types of federal student loans available as part of the William D. Ford Federal
Direct Loan Program:8
• Direct Subsidized Loans: Loans made to eligible undergraduate students who
demonstrate a clear financial need.
• Direct Unsubsidized Loans: Loans made to eligible undergraduate, graduate, and
professional students (eligibility isn't based on financial need).
• Direct PLUS Loans: Loans made to graduate or professional students and parents of
dependent undergraduate students to pay for education expenses not covered by other
financial aid (eligibility isn't based on financial need, though a credit check is
required). Borrowers with a poor credit history must meet additional requirements.
• Direct Consolidation Loans: Loans that allow you to combine your eligible federal
student loans into a single loan with one loan servicer.

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What are three effective techniques for managing student loan debt?
There are several ways to better manage student debt. Three particularly useful strategies
include paying off loans with the highest interest rates first, paying down extra principal
whenever possible, and exploring operations for debt forgiveness.

References:

https://scholarshipsph.com/scholarships-for-college-students-
philippines/#philippinescholarship-opportunities
https://www.investopedia.com/terms/e/educationloan.asp
https://lawphil.net/statutes/repacts/ra2017/ra_10931_2017.html

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BAGON, JAYLE O.
1ST2324-120

Payment and Regulations

a. Regulatory Framework
Tuition and fee payments, scholarships, and loans are subject to various
regulatory frameworks that vary across jurisdictions. Educational institutions
must comply with applicable laws, such as consumer protection regulations,
financial reporting requirements, and anti-discrimination laws, to ensure fair
and transparent practices.

b. Compliance Requirements
Educational institutions must adhere to specific compliance requirements when
it comes to accepting tuition and fee payments, managing scholarships, and
offering loans. This may include providing clear payment terms, maintaining
accurate financial records, and following specific protocols for awarding
scholarships and processing loans.

c. Consumer Protection
Payment regulations often focus on protecting the rights and interests of
students and parents. Institutions must provide transparent information about
tuition and fee structures, refund policies, and scholarship/loan terms. They
should also address any concerns or complaints promptly and ensure fair
treatment for all parties involved.

Procedural Requirements

a. Tuition and Fee Payment Procedures

Educational institutions must establish clear and efficient procedures for tuition
and fee payments. This includes providing multiple payment methods,
implementing secure payment gateways, and maintaining proper records of
transactions. Additionally, institutions should communicate payment deadlines,
installment options, and any applicable late payment penalties.

b. Scholarship Application and Disbursement

For scholarships, institutions must define procedural requirements for
application submission, eligibility criteria, selection processes, and
disbursement methods. Proper documentation, fair assessment procedures, and
transparent communication with applicants are crucial to ensure efficient and
equitable scholarship management.

c. Loan Application and Processing

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When offering loans, educational institutions or funding organizations must

establish procedural requirements for loan application, documentation, and
processing. This involves assessing applicants’ financial backgrounds,
verifying eligibility criteria, determining loan terms, and disbursing funds in a
timely manner. Institutions should also provide clear information about interest
rates, repayment schedules, and consequences of default.
Limitations

a. Funding Availability
A significant limitation in the tuition, scholarship, and loan landscape is the
availability of funds. Institutions may face challenges in offering scholarships
or loans due to limited financial resources. Students may also face limitations
in securing loans or scholarships based on eligibility criteria or the number of
available opportunities.

b. Regulatory Restrictions
Regulatory restrictions can impose limitations on institutions, such as caps on
tuition fee increases, restrictions on loan interest rates, or eligibility criteria for
scholarships. These limitations may impact the financial viability of educational
institutions or restrict access to financial assistance for students.

c. Repayment Challenges
Loans pose the challenge of repayment. Students may face difficulties in
repaying loans due to various factors such as unemployment,
underemployment, or financial hardships. Institutions should be prepared to
offer support mechanisms and repayment assistance programs to mitigate these
challenges.

Conclusion

Understanding the payment and regulatory aspects of tuition and other fees,
scholarships, and loans is vital for educational institutions, students, and funding organizations.
Compliance with regulatory requirements, establishing efficient procedural frameworks and
addressing limitations related to funding availability and repayment challenges contribute to a
transparent, fair, and accessible financial ecosystem in the education sector. By doing so,
educational institutions can foster an environment that supports students in pursuing their
academic goals while ensuring their financial sustainability.

References:

http://chat.openai.com/c/eeba98b7-927f-49d5-b348-9bb7f8d3f06d

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BALAIS, DIVINE T.
1ST2324-121

X. STUDENT RECORDS

➢ Student records encompass all records, files, documents, and other materials that
contain information directly related to the student and are maintained by the school or
school employee (34 CFR § 99.3; National Forum on Education Statistics, 2006).
Documents that would be included in the student record and protected by FERPA
include but are not limited to the following: individualized education plans,
immunization records, school nurse records, assessment results, social security number,
attendance records, disciplinary records and transcripts (National Forum on Education
Statistics, 2006).
➢ A "student record" is defined as any item of information, other than directory
information,
gathered within or outside the district, that is directly related to an identifiable student
and
maintained by the district or required to be maintained by an employee in the
performance of his/her duties. A student record may be recorded in handwriting, print,
computer media,
video or audio tape, film, microfilm, microfiche or by other means.
➢ Student records means those records, files, documents, and other materials which
contain information directly related to a student and which are maintained by an
educational institution, or by a person acting for that institution.
➢ Student Records means any information directly related to a student that is maintained
by the school district, the State Board of Education or the Department of Education or
any information acquired from a student through the use of educational software
assigned to the student by a teacher or other district employee.

Types of Record

Permanent records: Transcripts, health records and record requests. Transcripts shall contain
only the following:
1. Student's legal name
2. Any other name by which the student is or has been known
3. Social Security number
4. Sex
5. Date of birth
6. Student's address (last known while in school)
7. Names of parents or guardians
8. Date of entry into school or school system
9. Name of school or institution from which student was received
10. Courses with applicable marks and/or reports (high school only)
11. Progress data, GPA for completion (high school only)

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12. Date of withdrawal

13. Transfers--where transferred and when
14. Racial or ethnic origin
15. Record requests--list of all those requesting student's file
When specifically requested, test score information may be forwarded, provided such
information is supplemental to the transcript and not contained thereon.

Cumulative folder: Information about a student which is collected and maintained on a routine
basis, such as identifying information, attendance records, grades and other progress reports,
results of tests of school achievement, aptitude, interests, hearing, vision, health and
immunization status reports, records of school accomplishments and participation in school
activities, verified reports of misconduct, including record of disciplinary action taken, and
such other information as shall help staff to counsel with students and plan appropriate
activities, and current reports of psychological tests and progress reports related to a student's
handicapping condition.

Supplementary records: Information relating to special school concerns about the student,
such as reports connected with assessment and placement of student who is formally identified
as a "focus of concern"; reports from non-school persons and organizations such as physicians,
psychologists and clinics, except for general screening purposes; reports pertaining to specific
problems associated with the student.

Working notes of staff are defined as records about students which are maintained in the sole
possession of the writer and are not accessible or revealed to any other person except a
substitute for that staff member. Working notes are not considered student records for the
purposes of the rules and regulations.

Authority to Keep Records

Schools must have systems and processes for managing electronic and hardcopy
records to ensure the authenticity, security, reliability and accessibility of these records.
All records must be stored in safe and secure locations to ensure their integrity and
accessibility. Permanent records must be stored in conditions that ensure their long-term
preservation. Schools may contact Records and Digitization Services to arrange the transfer of
permanent records and historic records to the State Archives if no longer needed.
Under the Family Educational Rights and Privacy Act (FERPA), school employees are
required to safeguard the confidentiality of student records. FERPA protects the privacy of
students and their legal guardians (National Forum on Education Statistics, 2006). Schools are
required to obtain parental written consent before they are allowed to share student identifiable
information. The school must also keep a record of all persons who have access to specific
student records.

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BALATO, RUTCHEL M.
1ST2324-122

Disciplinary Actions and Student Records

Section XIII. Student Disciplinary Files and Records

A. Disciplinary File
An incident file is created in the name of each student or student organization alleged
to have violated the Code and follows the student or organization through any conference or
hearing.

B. Disciplinary Records
A student is considered to have a disciplinary record when any of the following occurs:
(1) a hearing panel or conduct officer finds the student responsible for violating one or more
of the policies set forth in Section VI of the Code and any appeal taken by the student results
in an affirmation of the hearing panel's or conduct officer's decision; or (2) the student is the
subject of a hearing pursuant to Section 2901.01 (A) (9) (a) of the Ohio Revised Code and is
found guilty of the charges that gave rise to the hearing.

C. Family Educational Rights and Privacy Act

The following information is published as a public service for the Wright State
University community. Federal regulations require annual notice to students on this subject.
Wright State University has for many years regulated access to student records. The Family
Educational Rights and Privacy Act of 1974 (FERPA) as amended sets forth requirements
designed to limit the disclosure of student educational records. The law governs access to
records maintained by educational institutions and the release of information from those
records.
This information includes the regulations designed to explain the rights of students with respect
to records maintained by the university. This information also outlines the university's
procedures to comply with the requirements of FERPA. Copies of FERPA, the federal
regulations adopted pursuant to it, and this notice are available for review in the Office of the
Registrar.

D. Records Retention and Storage

The existence of all students’ disciplinary records and the contents of such records are kept
and maintained by the director or designee in accordance with the federal Family Educational
Rights and Privacy Act, all state of Ohio laws, and Wright State University's records retention
policy.
The director or designee shall retain all files at least through the end of the fiscal year in which
the incident occurred. The disciplinary records of students or organizations who have had a
notation placed on their transcript due to academic dishonesty, have been removed from an
academic college, suspended, dismissed, de-registered, found guilty in a court of law of the
charges giving rise to a Section 2901.01 (A) (9) (a) hearing, or who have failed to successfully
complete all of their disciplinary sanctions, shall be retained indefinitely. At the close of each
academic year, the director or designee will review all student disciplinary records for the
purpose of eliminating those records that document disciplinary action taken against a student
or student organization. Records may be eliminated if at least three of the criteria listed below
are met:
1. The student has not been registered for classes at the University at any time during the prior
seven academic years or, if a student organization is the subject of disciplinary record, seven

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full academic years have passed since the organization fully satisfied the terms or conditions
of all sanctions imposed upon it.
2. The student or student organization has no outstanding financial or conduct obligations to the
university (e.g., personal growth workshop, educational sanction).
3. The student or student organization has not been suspended, de-registered, or found guilty of
the charges giving rise to an ORC Section 2901.01 (A) (9) (a) hearing.
4. The student has graduated, and it has been seven years from the date of the incident.

E. Record Elimination
A student or alumna/alumnus may request that the Dean of Students or designee eliminate an
incident or incidents from his/her/their disciplinary record and file kept within the Office of
Community Standards and Student Conduct. This request must be in writing and may not be
submitted earlier than two years from the time of the original incident(s). The decision to
eliminate a record will be based on the violation(s), the individual's disciplinary history, and
evidence of appropriate behavior since the violation occurred. Permanent expulsion may not
be eliminated from a student's record.

Correction of Entries and Records

DepEd Policies on Correction of School Records

March 11, 2016, Update:

1. DO 13, s. 2016 – Implementing Guidelines on the Direct Release and Use of Maintenance and
Other Operating Expenses (MOOE) Allocations of Schools, Including Other Funds Managed
by Schools
2. DO 12, s. 2016 – Implementation of the First Tranche Compensation Adjustment for Civilian
Personnel, and Military and Uniformed Personnel in the National Government
3. Regional Memorandum No. 023, s. 2016
DepEd Policies on Correction of School Records
4. It is observed that most of the subject for correction on students’ school records are innocuous,
typographical or simple which can be done by schools to lessen the burden of parents and
students coming to this Office.
5. Accordingly and pursuant to the approval of the Undersecretary for Legal and Legislative Affairs
of the Department of Education, the following policies are adopted effective April 1, 2016, to
wit:
3. The schools are hereby authorized to effect correction on school records of enrolled or current
students/pupils under the following circumstances:
4. Typographical error in the Form 137, card, diploma or other student record which was
committed by any school personnel.
5. Changes or spell out abbreviation on the first name or surname such as “Ma.” to “Maria”;
“D.S.” to “Delos Santos”; dash or mere spacing (like De Los Santos to Delos Santos); change
from small letter to capital letter or vice versa or two words to one word only ( like Devilla
to De Villa; Delos Angeles to De Los Angeles) / inclusion of “Jr.” or “II,” “III,” etc., after
the surname.
6. Provided that, it is reflected in the in the Certificate of Live Birth of the student/pupil issued
by the National Statistics Office.
7. c. Change of name based on court decisions or Civil Registrar General’s action on
petitions, provided that the change is already annotated in the Certificate of Live Birth (Birth
Certificate) of the student/pupil issued by the National Statistics Office.

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8. d. Inclusion, or elimination/deletion of middle name for students without middle name in

their Birth Certificate provided that the middle name is annotated in the NSO Birth
Certificate.
9. e. Correction of place of birth.
10. For this purpose, the schools shall require the submission of the original Certificate of Live
Birth issued by the National Statistics Office which shall be its basis for the correction/change
of entries in the school records. It will be retained as part of the student’s record.
11. 3. Correction in the school records of students will be affected through the issuance of
resolution by the Regional Office under the following instances:
12. a. Graduate students or those who are not anymore enrolled in the basic schools except
typographical errors committed by school personnel which may be corrected by the school.
13. b. Students with delayed registration of birth or those registered after the year of their birth for
more than a year.
14. c. Change of first name or surname which is entirely different from the one entered in the
official records except those under paragraph 2 .1, sub. par (c), where the name is duly
annotated in the birth certificate.
d. The subject of correction is outside the instances under the preceding paragraph.
3.1. For purposes of issuance of resolution by the Regional Office, it is reminded that the
following documents are required:
a. Letter of the record owner or parents/guardian, in case of minors, addressed to the Regional
Director requesting for the correction or change of the entries in the school record.
b. original copy of the Certificate of Live Birth issued by the National Statistics Office. In the
absence thereof, proof of non-availability attested by the City/Municipal Registrar of the
birthplace, including Baptismal Certificate.
c. Affidavit of the student or parent/guardian, for minors, explaining the circumstances
surrounding the discrepancy in the records or the use of the assumed name.
d. Joint Affidavit of two disinterested persons (not related to the petitioners) attesting to the
fact, among others, that the assumed name or the person with such facts of entry in the school
record and the name appearing in the birth certificate refer to one and the same person.
e. Photocopy of the school form sought to be corrected.

Additional Requirements if Birth is “Late/Delayed Registration” or when the name is

entirely different from the school record.

a. Baptismal Certificate
b. Certification from the N.S.O. that no record of such name exists or registered.

Additional Requirements for Foreign Students

a. Certification from the Bureau of Immigration & Deportation of the correct name
b. Photocopy of Passport and Alien Certificate of Registration (ACR)
4. To immediately address erroneous entries and typographical errors in the students’ records,
the School Heads should designate personnel to review the school records prepared by the
Advisers in the entry grade/year level vis-a-vis the Birth Certificate of students/pupils, before
the end of the first semester. Noted discrepancy between the Birth Certificate and the School
Record should be immediately corrected by the Adviser concerned. The entries in the Birth
Certificate shall prevail.
5. In all cases, the accuracy and integrity of the students’ school records should be ensured and
maintained.

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6. Division Offices are advised to immediately caused the wide dissemination of this Regional
Memorandum for guidance of all basic schools in the Region.

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BASITAS, JOSEPH O.
1ST2324-123

XI. EDUCATIONAL LAWS, PRESIDENTIAL DECREES, AND INSTRUCTIONS

Education Act of 1982

Magna Carta for Teachers

Circulars

NO WRITTEN REPORT

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LEADER
1ST2324-112

Order
"Educational law order" could refer to the legal framework or policies that regulate various
aspects of education, including governance, discipline, curriculum, access, and equity.
For example, Republic Act No. 10533 in the Philippines is an educational law that enhances
the Philippine basic education system by institutionalizing the K-12 program, while Republic
Act No. 9155 establishes a framework of governance for basic education. Additionally,
EDUCATION CODE CHAPTER 37 of Texas in the US refers to laws and regulations related
to discipline, law, and order in public schools.
Overall, the term "educational law order" may encompass various laws, decrees, executive
orders, or policies that aim to promote quality, equitable, and safe education for all learners.
Educational law memoranda may be official documents or directives issued by educational
institutions or governing bodies to provide guidance or clarification on legal issues or policies
related to education.

Memorandum
Structure Of A Legal Memorandum
Writing a legal memorandum is one of many necessities for lawyers. It is an important skill to
learn whether you are in law school or practicing for the Multistate Performance Test (MPT)
or the California Performance Test (CA-PT). Including a detailed section on how to write the
discussion section. Read on to learn how to structure a legal memorandum.

A. Heading
Includes the name of the person who assigned the research project, your name, the date, the
client’s name, and a short description of the memo’s subject matter.
Question Presented
1. Includes the legal issue that you have been asked by your client and/or the partner to answer.
Present the issue.
2. The Discussion section includes all the facts that need to be included.
3. in the form of a question.
4. When writing the Question Presented, you should include three items:
• Parties
• Cause of Action
• Facts relevant to the legal issue
• The Question Presented commonly begins with the words “Whether,” “Does,” or “Is.”

For example: Does an attorney who fails to appear at his client’s trial commit criminal contempt
of court under Atlantis law?
Short Answer/Brief Answer
Provides a short answer (i.e., the conclusion) responding to the Question Presented (i.e., Yes,
No) with a brief explanation providing the reasons for your conclusion, incorporating the

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relevant facts and law that give rise to your conclusion. The short answer should not include
any citations.
For example:
FACTS → The attorney did not research the effectiveness of a novel defense that McDonnell
and his wife hated each other so much they could not conspire to commit a crime.
LAW → An attorney who relies on a novel defense in a criminal trial without researching it
commits legal malpractice. The attorney was obligated to represent his client competently.
Competent representation requires an attorney to investigate the relevant law thoroughly.
APPLICATION OF LAW TO THE FACTS INTO SHORT ANSWER → Yes, McDonnell is
likely to prevail in a legal malpractice action against his attorney. His attorney relied on a novel
defense, without researching its effectiveness even though attorneys are obligated to
thoroughly research relevant law, that McDonnell and his wife hated each other so much they
could not conspire to commit a crime. The jury rejected this defense and convicted McDonnell
of conspiracy and fraud.

B. Statement of Facts
• Provides an objective description of the legally significant facts (i.e., the facts that will be
relevant to answering the legal question presented) and any background facts that may
provide context. You should present the facts in a logical order but do not comment on the
facts or discuss how the law will be applied. All facts that are discussed in the Discussion
section should be included.
• Must include the names of the parties, key dates, key events relevant to each element of the
applicable rules, and the jurisdiction.
• Be objective.

C. Discussion Section
• This section is the meat of the memo. You should use IRAC, CRAC, CRRPAC, CREAC,
or TREAT to identify the issue(s), discuss the applicable legal principles (including the
elements and sub-elements of each issue), the relevant cases, and how your client’s facts
apply to the rules. Compare your facts with relevant facts in the cases to analogize and
distinguish the fact patterns.

D. Conclusion
• You should summarize your legal analysis and conclusion to the Question Presented.
The conclusion should not include any citations.

For example, the Department of Education in the Philippines issued a memorandum with
special provisions on private school voluntary closures and participation in government
assistance and subsidies programs in light of the COVID-19 pandemic. Additionally, the New
Jersey Departments of Law & Public Safety and Education issued a memorandum that provided
a framework for cooperation between local law enforcement and education officials.
In the context of special education, Ontario.ca provides policy/program memoranda (PPMs)
that outline special education regulations and guidelines for schools. Similarly, the Legal

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Education Board in the Philippines issued memoranda that set guidelines for law school
admission and pandemic guidelines.

An office memorandum could also be relevant, as it provides legal analysis or predictions on a

particular issue, which could pertain to educational law. Finally, other types of memoranda on
educational law could include those issued by a governing body to direct the Secretary of
Education or to provide guidance on accreditation processes.

Bulletins
Bulletins could refer to a wide range of documents or publications that provide information or
updates on a particular topic. The type of bulletin can vary depending on the context or field,
and it may contain news, updates, regulations, policies, guidelines, or advisories. Below are
some examples of bulletins found in the search results:
1. The Visa Bulletin is a monthly publication that provides updates on when immigrant visas
will become available for prospective applicants seeking to become lawful permanent residents
of the US.
2. The Android Security Bulletin is a publication by Android Open Source Project that
provides fixes for possible issues affecting devices running Android.
3. BIS Bulletins are short, topical notes written by BIS economists that provide insights on
current events in banking, markets, and the larger economy.
4. A practice bulletin is a publication by the American College of Obstetricians and
Gynecologists (ACOG) that provides clinical guidelines and recommendations for healthcare
providers.
5. CISA Bulletins provide weekly summaries of new vulnerabilities, with patch information
provided when available.

6. OMB Bulletins provide updates on circulars, memoranda, and other guidance related to
budget and financial management for the federal government.
7. Revenue Bulletins, such as those issued by the Bureau of Internal Revenue, provide updates
and clarifications on tax laws and regulations.
8. Technical Bulletins may refer to publications that provide technical information or updates
in a particular field or industry, such as automotive, healthcare, or agriculture.

9. Volcano Bulletins provide information on volcanic activity, eruptions, and other related
hazards in specific regions.
Overall, bulletins are a type of publication that can serve various purposes, including
informing, updating, and advising individuals or organizations on relevant topics.
Letter

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References:

https://lawtutors.net/structure-of-an-objective-legal-memo/

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BAYACSAN, TYSON S.
1ST2324-125

A. Republic Act No. 4670: The Magna Carta For Public School Teachers

I. Declaration of Policy Coverage

Section 1. Declaration of Policy.

It is hereby declared to be the policy of this Act to promote and improve the social and
economic status of public school teachers, their living and working conditions, their terms of
employment and career prospects in order that they may compare favorably with existing
opportunities in other walks of life, attract and retain in the teaching profession more people
with the proper qualifications, it being recognized that advance in education depends on the
qualifications and ability of the teaching staff and that education is an essential factor in the
economic growth of the nation as a productive investment of vital importance.

Section 2. Title Definition. This Act shall be known as the "Magna Carta for Public School
Teachers" and shall apply to all public-school teachers except those in the professorial staff
of state colleges and universities.

As used in this Act, 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
dentists, and other school employees.

II. Recruitment and Career

Section 3. Recruitment and Qualification. Recruitment policy with respect to the selection
and appointment of teachers shall be clearly defined by the Department of
Education: Provided, however, that effective upon the approval of this Act, the following shall
constitute the minimum educational qualifications for teacher-applicants:

(a) For teachers in the kindergarten and elementary grades, bachelor’s degree in
Elementary Education (B.S.E.ED.).

(b) For teachers at the secondary schools, bachelor’s degree in education or its
equivalent with a major and a minor; or a bachelor’s degree in arts or science with at
least eighteen professional units in Education.

(c) For teachers of secondary vocational and two years technical courses, bachelor’s
degree in the field of specialization with at least eighteen professional units in
education.

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(d) For teachers of courses on the collegiate level, other than vocational, master's degree
with a specific area of specialization.

Provided, further, That in the absence of applicants who possess the minimum educational
qualifications as hereinabove provided, the school superintendent may appoint, under a
temporary status, applicants who do not meet the minimum qualifications: Provided, further,
That should teacher-applicants, whether they possess the minimum educational qualifications
or not, be required to take competitive examinations, preference in making appointments shall
be in the order of their respective ranks in said competitive examinations: And provided,
finally, That the results of the examinations shall be made public and every applicant shall be
furnished with his score and rank in said examinations.

Section 4. Probationary Period.

When recruitment takes place after adequate training and professional preparation in any
school recognized by the Government, no probationary period preceding regular appointment
shall be imposed if the teacher possesses the appropriate civil service
eligibility: Provided, however, That where, due to the exigencies of the service, it is necessary
to employ as teacher a person who possesses the minimum educational qualifications herein
above set forth but lacks the appropriate civil service eligibility, such person shall be appointed
on a provisional status and shall undergo a period of probation for not less than one year from
and after the date of his provisional appointment.

Section 5. Tenure of Office. Stability on employment and security of tenure shall be 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.

Section 6. Consent for Transfer Transportation Expenses. Except for cause and as herein
otherwise provided, no teacher shall be transferred without his consent from one station to
another.

Where the exigencies of the service require the transfer of a teacher from one station to another,
such transfer may be affected by the school superintendent who shall previously notify the
teacher concerned of the transfer and the reason or reasons therefor. If the teacher believes
there is no justification for the transfer, he may appeal his case to the Director of Public Schools
or the Director of Vocational Education, as the case may be. Pending his appeal and the
decision thereon, his transfer shall be held in abeyance: Provided, however, that no transfers
whatever shall be made three months before any local or national election.

Necessary transfer expenses of the teacher and his family shall be paid for by the Government
if his transfer is finally approved.

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Section 7. Code of Professional Conduct for Teachers. Within six months from the approval
of this Act, the Secretary of Education shall formulate and prepare a Code of Professional
Conduct for Public School Teachers. A copy of the Code shall be furnished each
teacher: Provided, however, that where this is not possible by reason of inadequate fiscal
resources of the Department of Education, at least three copies 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.

Section 8. Safeguards in Disciplinary Procedure. Every teacher shall enjoy equitable

safeguards at each stage of any disciplinary procedure and shall have:

a. the right to be informed, in writing, of the charges.

b. the right to full access to the evidence in the case.
c. the right to defend himself and to be defended by a representative of his choice and/or
by his organization, adequate time being given to the teacher for the preparation of his
defense; and
d. the right to appeal to clearly designated authorities.

No publicity shall be given to any disciplinary action being taken against a teacher during the
pendency of his case.

Section 9. Administrative Charges. Administrative charges against a teacher shall be heard

initially by a committee composed of the corresponding School Superintendent of the Division
or a duly authorized representative who should at least have the rank of a division supervisor,
where the teacher belongs, as chairman, a representative of the local or, in its absence, any
existing provincial or national teacher's organization and a supervisor of the Division, the last
two to be designated by the Director of Public Schools. The committee shall submit its findings
and recommendations to the Director of Public Schools within thirty days from the termination
of the hearings: Provided, however, that where the school superintendent is the complainant or
an interested party, all the members of the committee shall be appointed by the Secretary of
Education.

Section 10. No Discrimination. There shall be no discrimination whatsoever in entrance to the

teaching profession, or during its exercise, or in the termination of services, based on other than
professional consideration.

Section 11. Married Teachers. 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.

Section 12. Academic Freedom. Teachers shall enjoy academic freedom in the discharge of
their professional duties, particularly with regard to teaching and classroom methods.

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III. Hours of Work and Remuneration

Section 13. Teaching Hours. Any teacher engaged in actual classroom instruction shall not be
required to render more than six hours of actual classroom teaching a day, which shall be so
scheduled as to give him time for the preparation and correction of exercises and other work
incidental to his normal teaching duties: Provided, however, That where the exigencies of the
service so require, any teacher may be required to render more than six hours but not exceeding
eight hours of actual classroom teaching a day upon payment of additional compensation at the
same rate as his regular remuneration plus at least twenty-five per cent of his basic pay.

Section 14. Additional Compensation. Notwithstanding any provision of existing law to the
contrary, co-curricular and out of school activities and any other activities outside of what is
defined as normal duties of any teacher shall be paid an additional compensation of at least
twenty-five per cent of his regular remuneration after the teacher has completed at least six
hours of actual classroom teaching a day.

In the case of other teachers or school officials not engaged in actual classroom instruction,
any work performed more than eight hours a day shall be paid an additional compensation of
at least twenty-five per cent of their regular remuneration.

The agencies utilizing the services of teachers shall pay the additional compensation required
under this section.1âшphi1 Education authorities shall refuse to allow the rendition of services
of teachers for other government agencies without the assurance that the teachers shall be paid
the remuneration provided for under this section.

Section 15. Criteria for Salaries. Teacher's salaries shall correspond to the following criteria:

(a) they shall compare favorably with those paid in other occupations requiring
equivalent or similar qualifications, training and abilities.

(b) they shall be such as to insure teachers a reasonable standard of life for themselves
and their families; and

(c) they shall be properly graded to recognize the fact that certain positions require
higher qualifications and greater responsibility than others: Provided, however, That
the general salary scale shall be such that the relation between the lowest and highest
salaries paid in the profession will be of reasonable order. Narrowing of the salary scale
shall be achieved by raising the lower end of the salary scales relative to the upper end.

Section 16. Salary Scale. Salary scales of teachers shall provide for a gradual progression from
a minimum to a maximum salary by means of regular increments, granted automatically after
three years: Provided, That the efficiency rating of the teacher concerned is at least satisfactory.
The progression from the minimum to the maximum of the salary scale shall not extend over a
period of ten years.

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Section 17. Equality in Salary Scales. The salary scales of teachers whose salaries are
appropriated by a city, municipal, municipal district, or provincial government, shall not be
less than those provided for teachers of the National Government.

Section 18. Cost of Living Allowance. Teacher's salaries shall, at the very least, keep pace
with the rise in the cost of living by the payment of a cost-of-living allowance which shall
automatically follow changes in a cost-of-living index. The Secretary of Education shall, in
consultation with the proper government entities, recommend to Congress, at least annually,
the appropriation of the necessary funds for the cost-of-living allowances of teachers employed
by the National Government. The determination of the cost-of-living allowances by the
Secretary of Education shall, upon approval of the President of the Philippines, be binding on
the city, municipal or provincial government, for the purposes of calculating the cost-of-living
allowances of teachers under its employ.

Section 19. Special Hardship Allowances. In areas in which teachers are exposed to hardship
such as difficulty in commuting to the place of work or other hazards peculiar to the place of
employment, as determined by the Secretary of Education, they shall be compensated special
hardship allowances equivalent to at least twenty-five per cent of their monthly salary.

Section 20. Salaries to be Paid in Legal Tender. Salaries of teachers shall be paid in legal
tender of the Philippines or its equivalent in checks or treasury warrants. Provided, however,
that such checks or treasury warrants shall be cashable in any national, provincial, city or
municipal treasurer's office or any banking institutions operating under the laws of the Republic
of the Philippines.

Section 21. Deductions Prohibited. No person shall make any deduction whatsoever from the
salaries of teachers except under specific authority of law authorizing such
deductions: Provided, however, that upon written authority executed by the teacher concerned,
(1) lawful dues and fees owing to the Philippine Public-School Teachers Association, and (2)
premiums properly due on insurance policies, shall be considered deductible.

IV. Health Measures and Injury Benefits

Section 22. Medical Examination and Treatment. Compulsory medical examination shall
be provided free of charge for all teachers before they take up teaching and shall be repeated
not less than once a year during the teacher's professional life. Where medical examination
shows that medical treatment and/or hospitalization is necessary, same shall be provided free
by the government entity paying the salary of the teachers.

In regions where there is scarcity of medical facilities, teachers may obtain elsewhere the
necessary medical care with the right to be reimbursed for their traveling expenses by the
government entity concerned in the first paragraph of this Section.

Section 23. Compensation For Injuries. Teachers shall be protected against the
consequences of employment injuries in accordance with existing laws. The effects of the

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physical and nervous strain on the teacher's health shall be recognized as a compensable
occupational disease in accordance with existing laws.

V. Leave and Retirement Benefits

Section 24. Study Leave. In addition to the leave privileges now enjoyed by teachers in the
public schools, they shall be entitled to study leave not exceeding one school year after seven
years of service. Such leave shall be granted in accordance with a schedule set by the
Department of Education. During the period of such leave, the teachers shall be entitled to at
least sixty per cent of their monthly salary: Provided, however, That no teacher shall be allowed
to accumulate more than one year study leave, unless he needs an additional semester to finish
his thesis for a graduate study in education or allied courses: Provided, further, That no
compensation shall be due the teacher after the first year of such leave. In all cases, the study
leave period shall be counted for seniority and pension purposes.

The compensation allowed for one year study leave as herein provided shall be subject to the
condition that the teacher takes the regular study load and passes at least seventy-five per cent
of his courses. Study leave of more than one year may be permitted by the Secretary of
Education but without compensation.

Section 25. Indefinite Leave. An indefinite sick leave of absence shall be granted to teachers
when the nature of the illness demands a long treatment that will exceed one year at the least.

Section 26. Salary Increase upon Retirement. Public school teachers having fulfilled the age
and service requirements of the applicable retirement laws shall be given one range salary raise
upon retirement, which shall be the basis of the computation of the lump sum of the retirement
pay and the monthly benefits thereafter.

Vi. Teacher's Organization

Section 27. Freedom to Organize. Public school teachers shall have the right to freely and
without previous authorization both to establish and to join organizations of their choosing,
whether local or national to further and defend their interests.

Section 28. Discrimination Against Teachers Prohibited. The rights established in the
immediately preceding Section shall be exercised without any interference or coercion. It shall
be unlawful for any person to commit any acts of discrimination against teachers which are
calculated to (a) make the employment of a teacher subject to the condition that he shall not
join an organization, or shall relinquish membership in an organization,

(b) to cause the dismissal of or otherwise prejudice a teacher by reason of his

membership in an organization or because of participation in organization activities
outside school hours, or with the consent of the proper school authorities, within school
hours, and (c) to prevent him from carrying out the duties laid upon him by his position
in the organization, or to penalize him for an action undertaken in that capacity.

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Section 29. National Teacher's Organizations. National teachers' organizations shall be

consulted in the formulation of national educational policies and professional standards, and in
the formulation of national policies governing the social security of the teachers.

VII. Administration and Enforcement

Section 30. Rules and Regulations. The Secretary of Education shall formulate and prepare
the necessary rules and regulations to implement the provisions of this Act. Rules and
regulations issued pursuant to this Section shall take effect thirty days after publication in a
newspaper of general circulation and by such other means as the Secretary of Education deems
reasonably sufficient to give interested parties general notice of such issuance.

Section 31. Budgetary Estimates. The Secretary of Education shall submit to Congress
annually the necessary budgetary estimates to implement the provisions of the Act concerning
the benefits herein granted to public school teachers under the employ of the National
Government.

Section 32. Penal Provision. A person who shall willfully interfere with, restrain or coerce
any teacher in the exercise of his rights guaranteed by this Act or who shall in any other manner
commit any act to defeat any of the provisions of this Act shall, upon conviction, be punished
by a fine of not less than one hundred pesos nor more than one thousand pesos, or by
imprisonment, in the discretion of the court.

If the offender is a public official, the court shall order his dismissal from the Government
service.

Section 33. Repealing Clause. All Acts or parts of Acts, executive orders and their
implementing rules inconsistent with the provisions of this Act are hereby repealed, amended
or modified accordingly.

Section 34. Separability Clause. If any provision of this Act is declared invalid, the remainder
of this Act or any provisions not affected thereby shall remain in force and in effect.

Section 35. This Act shall take effect upon its approval.

Approved: June 18, 1966

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B. Republic Act No. 1616: An Act Further Amending Section Twelve of Commonwealth
Act Numbered One Hundred Eighty-Six, As Amended, By Prescribing Two Other Modes
of Retirement and For Other Purposes.

Section 1. Section twelve of Commonwealth Act Numbered One hundred eighty-six, as

amended, is hereby further amended by adding two new paragraphs after paragraph (a) which
reads as follows:

"(b) Notwithstanding the provisions of the preceding paragraph, a member may be

allowed to retire after rendering a total service of thirty years, regardless of age, the
retiring employee to receive a monthly annuity for life, but the benefit for service
rendered after June sixteen, nineteen hundred and fifty-one, shall be whatever amount
of annuity can be purchased by the accumulated government and personal contributions
to the credit of a member plus interest allowed by the system on the date of retirement.
Said annuity shall be computed in accordance with the mortality table and the rate of
interest adopted by the system. This benefit shall be in addition to the benefit for service
rendered prior to June sixteen, nineteen hundred and fifty-one as provided in section
eleven (A) of this Act.

"(c) Retirement is likewise allowed to a member, regardless of age, who has rendered
at least twenty years of service. The benefit shall, in addition to the return of his personal
contributions plus interest, be only a gratuity equivalent to one month salary for every
year of service, based on the highest rate received, but not to exceed twenty-four
months. This gratuity is payable by the employer or office concerned which is hereby
authorized to provide the necessary appropriation or pay the same from savings in its
appropriations."

Section 2. Officials and employees paid gratuity under this Act shall be entitled to the
commutation of the unused vacation and sick leave which they may have to their credit at the
time of retirement.

Section 3. Paragraphs b, c, d and e of section twelve of Commonwealth Act Numbered One

hundred eighty-six, as amended, are hereby changed to paragraphs d, e, f and g, respectively.

Section 4. This Act shall take effect upon its approval.

C. Republic Act No. 10533: An Act Enhancing the Philippine Basic Education System by
Strengthening Its Curriculum and Increasing the Number of Years for Basic Education,
Appropriating Funds Therefor and For Other Purposes

SECTION 1. Short Title. This Act shall be known as the “Enhanced Basic Education Act
of 2013”.

SEC. 2. Declaration of Policy. The State shall establish, maintain, and support a complete,
adequate, and integrated system of education relevant to the needs of the people, the country
and society-at-large.

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Likewise, it is hereby declared the policy of the State that every graduate of basic education
shall be an empowered individual who has learned, through a program that is rooted on sound
educational principles and geared towards excellence, the foundations for learning throughout
life, the competence to engage in work and be productive, the ability to coexist in fruitful
harmony with local and global communities, the capability to engage in autonomous, creative,
and critical thinking, and the capacity and willingness to transform others and one’s self.

For this purpose, the State shall create a functional basic education system that will develop
productive and responsible citizens equipped with the essential competencies, skills and values
for both life-long learning and employment. In order to achieve this, the State shall:

(a) Give every student an opportunity to receive quality education that is globally competitive
based on a pedagogically sound curriculum that is at par with international standards;
(b) Broaden the goals of high school education for college preparation, vocational and technical
career opportunities as well as creative arts, sports and entrepreneurial employment in a rapidly
changing and increasingly globalized environment; and
(c) Make education learner-oriented and responsive to the needs, cognitive and cultural
capacity, the circumstances and diversity of learners, schools and communities through the
appropriate languages of teaching and learning, including mother tongue as a learning resource.

SEC. 3. Basic Education. Basic education is intended to meet basic learning needs which
provides the foundation on which subsequent learning can be based. It encompasses
kindergarten, elementary and secondary education as well as alternative learning systems for
out-of-school learners and those with special needs.

SEC. 4. Enhanced Basic Education Program. The enhanced basic education program
encompasses at least one (1) year of kindergarten education, six (6) years of elementary
education, and six (6) years of secondary education, in that sequence. Secondary education
includes four (4) years of junior high school and two (2) years of senior high school education.

Kindergarten education shall mean one (1) year of preparatory education for children at least
five (5) years old as a prerequisite for Grade I.

Elementary education refers to the second stage of compulsory basic education which is
composed of six (6) years. The entrant age to this level is typically six (6) years old.

Secondary education refers to the third stage of compulsory basic education. It consists of four
(4) years of junior high school education and two (2) years of senior high school education.
The entrant age to the junior and senior high school levels are typically twelve (12) and sixteen
(16) years old, respectively.

Basic education shall be delivered in languages understood by the learners as the language
plays a strategic role in shaping the formative years of learners.

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For kindergarten and the first three (3) years of elementary education, instruction, teaching
materials and assessment shall be in the regional or native language of the learners. The
Department of Education (DepED) shall formulate a mother language transition program from
Grade 4 to Grade 6 so that Filipino and English shall be gradually introduced as languages of
instruction until such time when these two (2) languages can become the primary languages of
instruction at the secondary level.

For purposes of this Act, mother language or first Language (LI) refers to language or
languages first learned by a child, which he/she identifies with, is identified as a native
language user of by others, which he/she knows best, or uses most. This includes Filipino sign
language used by individuals with pertinent disabilities. The regional or native language refers
to the traditional speech variety or variety of Filipino sign language existing in a region, area
or place.

SEC. 5. Curriculum Development. The DepED shall formulate the design and details of the
enhanced basic education curriculum. It shall work with the Commission on Higher Education
(CHED) to craft harmonized basic and tertiary curricula for the global competitiveness of
Filipino graduates. To ensure college readiness and to avoid remedial and duplication of basic
education subjects, the DepED shall coordinate with the CHED and the Technical Education
and Skills Development Authority (TESDA).

To achieve an effective enhanced basic education curriculum, the DepED shall undertake
consultations with other national government agencies and other stakeholders including, but
not limited to, the Department of Labor and Employment (DOLE), the Professional Regulation
Commission (PRC), the private and public schools associations, the national student
organizations, the national teacher organizations, the parents-teachers associations and the
chambers of commerce on matters affecting the concerned stakeholders.

The DepED shall adhere to the following standards and principles in developing the enhanced
basic education curriculum:
(a) The curriculum shall be learner-centered, inclusive and developmentally appropriate.
(b) The curriculum shall be relevant, responsive and research based.
(c) The curriculum shall be culture sensitive.
(d) The curriculum shall be contextualized and global.
(e) The curriculum shall use pedagogical approaches that are constructivist, inquiry-based,
reflective, collaborative and integrative.

(f) The curriculum shall adhere to the principles and framework of Mother Tongue-Based
Multilingual Education (MTB-MLE) which starts from where the learners are and from what
they already knew proceeding from the known to the unknown; instructional materials and
capable teachers to implement the MTB-MLE curriculum shall be available.

(g) The curriculum shall use the spiral progression approach to ensure mastery of knowledge
and skills after each level; and

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(h) The curriculum shall be flexible enough to enable and allow schools to localize, indigenize
and enhance the same based on their respective educational and social contexts. The production
and development of locally produced teaching materials shall be encouraged, and approval of
these materials shall devolve to the regional and division education units.

SEC. 6. Curriculum Consultative Committee. There shall be created a curriculum

consultative committee chaired by the DepED Secretary or his/her duly authorized
representative and with members composed of, but not limited to, a representative each from
the CHED, the TESDA, the DOLE, the PRC, the Department of Science and Technology
(DOST), and a representative from the business chambers such as the Information Technology
– Business Process Outsourcing (IT-BPO) industry association. The consultative committee
shall oversee the review and evaluation on the implementation of the basic education
curriculum and may recommend to the DepED the formulation of necessary refinements in the
curriculum.

SEC. 7. Teacher Education and Training. To ensure that the enhanced basic education
program meets the demand for quality teachers and school leaders, the DepED and the CHED,
in collaboration with relevant partners in government, academe, industry, and
nongovernmental organizations, shall conduct teacher education and training programs, as
specified:
(a) In-service Training on Content and Pedagogy Current DepED teachers shall be retrained to
meet the content and performance standards of the new K to 12 curriculums.
The DepED shall ensure that private education institutions shall be given the opportunity to
avail of such training.
(b) Training of New Teachers. — New graduates of the current Teacher Education curriculum
shall undergo additional training, upon hiring, to upgrade their skills to the content standards
of the new curriculum. Furthermore, the CHED, in coordination with the DepED and relevant
stakeholders, shall ensure that the Teacher Education curriculum offered in these Teacher
Education Institutes (TEIs) will meet necessary quality standards for new teachers. Duly
recognized organizations acting as TEIs, in coordination with the DepED, the CHED, and other
relevant stakeholders, shall ensure that the curriculum of these organizations meet the
necessary quality standards for trained teachers.
(c) Training of School Leadership. — Superintendents, principals, subject area coordinators
and other instructional school leaders shall likewise undergo workshops and training to
enhance their skills on their role as academic, administrative and community leaders.

Henceforth, such professional development programs as those stated above shall be initiated
and conducted regularly throughout the school year to ensure constant upgrading of teacher
skills.

SEC. 8. Hiring of Graduates of Science, Mathematics, Statistics, Engineering and Other

Specialists in Subjects with a Shortage of Qualified Applicants, Technical-Vocational
Courses and Higher Education Institution Faculty. Notwithstanding the provisions of
Sections 26, 27 and 28 of Republic Act No. 7836, otherwise known as the “Philippine Teachers

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Professionalization Act of 1994”, the DepED and private education institutions shall hire, as
may be relevant to the subject:

(a) Graduates of science, mathematics, statistics, engineering, music and other degree courses
with shortages in qualified Licensure Examination for Teachers (LET) applicants to teach in
their specialized subjects in the elementary and secondary education. Qualified LET applicants
shall also include graduates admitted by foundations duly recognized for their expertise in the
education sector and who satisfactorily complete the requirements set by these
organizations: Provided, That they pass the LET within five (5) years after their date of
hiring: Provided, further, That if such graduates are willing to teach on part-time basis, the
provisions of LET shall no longer be required;
(b) Graduates of technical-vocational courses to teach in their specialized subjects in the
secondary education: Provided, that these graduates possess the necessary certification issued
by the TESDA: Provided, further, that they undergo appropriate in-service training to be
administered by the DepED or higher education institutions (HEIs) at the expense of the
DepED;
(c) Faculty of HEIs be allowed to teach in their general education or subject specialties in the
secondary education: Provided, That the faculty must be a holder of a relevant bachelor’s
degree, and must have satisfactorily served as a full-time HEI faculty;
(d) The DepED and private education institutions may hire practitioners, with expertise in the
specialized learning areas offered by the Basic Education Curriculum, to teach in the secondary
level; Provided, That they teach on part-time basis only. For this purpose, the DepED, in
coordination with the appropriate government agencies, shall determine the necessary
qualification standards in hiring these experts.

SEC. 9. Career Guidance and Counselling Advocacy. To properly guide the students in
choosing the career tracks that they intend to pursue, the DepED, in coordination with the
DOLE, the TESDA and the CHED, shall regularly conduct career advocacy activities for
secondary level students. Notwithstanding the provisions of Section 27 of Republic Act No.
9258, otherwise known as the “Guidance and Counselling Act of 2004”, career and
employment guidance counsellors, who are not registered and licensed guidance counsellors,
shall be allowed to conduct career advocacy activities to secondary level students of the school
where they are currently employed; Provided, That they undergo a training program to be
developed or accredited by the DepED.

SEC. 10. Expansion of E-GASTPE Beneficiaries. The benefits accorded by Republic Act
No. 8545, or the “Expanded Government Assistance to Students and Teachers in Private
Education Act”, shall be extended to qualified students enrolled under the enhanced basic
education.

The DepED shall engage the services of private education institutions and non-DepED schools
offering senior high school through the programs under Republic Act No. 8545, and other
financial arrangements formulated by the DepED and the Department of Budget and
Management (DBM) based on the principles of public-private partnership.

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SEC. 11. Appropriations. The Secretary of Education shall include in the Department’s
program the operationalization of the enhanced basic education program, the initial funding of
which shall be charged against the current appropriations of the DepED. Thereafter, the amount
necessary for the continued implementation of the enhanced basic education program shall be
included in the annual General Appropriations Act.

SEC. 12. Transitory Provisions. The DepED, the CHED and the TESDA shall formulate the
appropriate strategies and mechanisms needed to ensure smooth transition from the existing
ten (10) years basic education cycle to the enhanced basic education (K to 12) cycle. The
strategies may cover changes in physical infrastructure, manpower, organizational and
structural concerns, bridging models linking grade 10 competencies and the entry requirements
of new tertiary curricula, and partnerships between the government and other entities.
Modeling for senior high school may be implemented in selected schools to simulate the
transition process and provide concrete data for the transition plan.

To manage the initial implementation of the enhanced basic education program and mitigate
the expected multi-year low enrolment turnout for HEIs and Technical Vocational Institutions
(TVIs) starting School Year 2016-2017, the DepED shall engage in partnerships with HEIs and
TVIs for the utilization of the latter’s human and physical resources. Moreover, the DepED,
the CHED, the TESDA, the TVIs and the HEIs shall coordinate closely with one another to
implement strategies that ensure the academic, physical, financial, and human resource
capabilities of HEIs and TVIs to provide educational and training services for graduates of the
enhanced basic education program to ensure that they are not adversely affected. The faculty
of HEIs and TVIs allowed to teach students of secondary education under Section 8 hereof,
shall be given priority in hiring for the duration of the transition period. For this purpose, the
transition period shall be provided for in the implementing rules and regulations (IRR).

SEC. 13. Joint Congressional Oversight Committee on the Enhanced Basic Educational
Program (K to 12 Program). There is hereby created a Joint Oversight Committee to oversee,
monitor and evaluate the implementation of this Act.

The Oversight Committee shall be composed of five (5) members each from the Senate and
from the House of Representatives, including Chairs of the Committees on Education, Arts and
Culture, and Finance of both Houses. The membership of the Committee for every House shall
have at least two (2) opposition or minority members.

SEC. 14. Mandatory Evaluation and Review. By the end of School Year 2014-2015, the
DepED shall conduct a mandatory review and submit a midterm report to Congress as to the
status of implementation of the K to 12 programs in terms of closing the following current
shortages: (a) teachers; (b) classrooms; (c) textbooks; (d) seats; (e) toilets; and (f) other
shortages that should be addressed.

The DepED shall include among others, in this midterm report, the following key metrics of
access to and quality of basic education: (a) participation rate; (b) retention rate; (c) National

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Achievement Test results; (d) completion rate; (e) teachers’ welfare and training profiles; (f)
adequacy of funding requirements; and (g) other learning facilities including, but not limited
to, computer and science laboratories, libraries and library hubs, and sports, music and arts.

SEC. 15. Commitment to International Benchmarks. The DepED shall endeavor to increase
the per capita spending on education towards the immediate attainment of international
benchmarks.

SEC. 16. Implementing Rules and Regulations. Within ninety (90) days after the effectivity
of this Act, the DepED Secretary, the CHED Chairperson and the TESDA Director-General
shall promulgate the rules and regulations needed for the implementation of this Act.

SEC. 17. Separability Clause. If any provision of this Act is held invalid or unconstitutional,
the same shall not affect the validity and effectivity of the other provisions hereof.

SEC. 18. Repealing Clause. Pertinent provisions of Batas Pambansa Blg. 232 or the
“Education Act of 1982”, Republic Act No. 9155 or the “Governance of Basic Education.

Act of 2001″, Republic Act No. 9258, Republic Act No. 7836, and all other laws, decrees,
executive orders and rules and regulations contrary to or inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.

SEC. 19. Effectivity Clause. This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in two (2) newspapers of general circulation.

PRESIDENTIAL DECREE No. 136: AMENDING PARAGRAPH 2, ARTICLE IV,

CHAPTER I OF PART VI OF THE INTEGRATED REORGANIZATION PLAN TO
INCLUDE THE EXECUTIVE SECRETARY IN THE MEMBERSHIP OF THE
DEVELOPMENT BUDGET COORDINATION COMMITTEE

WHEREAS, since the Executive Secretary was already a member of the Presidential
Development Budget Committee (renamed Development Budget Coordination Committee in
the Integrated Reorganization Plan), for purposes of consistency and continuity, it is deemed
that he retains his membership in said Committee.

WHEREAS, in addition, the Executive Secretary has already been included in the membership
of the NEDA under Presidential Decree No. 1-A as reaffirmed under Presidential Decree No.
107.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue

of the powers vested in me by the Constitution as Commander-in-Chief of all the Armed Forces
of the Philippines, and pursuant to Proclamation No. 1081, dated September 21, 1972, and
General Order No. 1, dated September 22, 1972, as amended, do hereby order and decree that

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Modification of Paragraph 2, Article IV, Chapter I of Part VI of the Integrated Reorganization

Plan is hereby adopted and approved, to include the Executive Secretary in the membership of
the Development Budget Coordination Committee.

PRESIDENTIAL DECREE No. 807: PROVIDING FOR THE ORGANIZATION OF

THE CIVIL SERVICE COMMISSION IN ACCORDANCE WITH PROVISIONS OF
THE CONSTITUTION, PRESCRIBING ITS POWERS AND FUNCTIONS AND FOR
OTHER PURPOSES

WHEREAS the Constitution provides for organization of a Civil Service Commission which
shall establish a career service and adopt measures to promote morale, efficiency and integrity
in the government service.

WHEREAS, Presidential Decree No. 110 dated January 26, 1973, declared the Civil Service
Commission envisioned in the Constitution in existence, providing guidelines for its operation.

WHEREAS there is need for the immediate organization of the Civil Service Commission in
order to enable it to carry out its mission as mandated by the Constitution; and

WHEREAS the former Civil Service Commission created under Republic Act No. 2260, as
amended, and as organized under the Integrated Reorganization Plan may serve as the nucleus
of the Civil Service Commission.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue

of the powers vested in me by the Constitution, do hereby decree and order:

ARTICLE.I TITLE

Section 1. This Decree shall be known as the Civil Service Decree of the Philippines.

Article. II Declaration of Policy

Section 2. It shall be the policy of the State to insure and promote the Constitutional mandate
that appointment in the Civil Service shall be made only according to merit and fitness, to
provide within the public service a progressive system of personnel administration, and to
adopt measures to promote morale and the highest degree of responsibility, integrity, loyalty,
efficiency, and professionalism in the Civil Service; that the Civil Service Commission shall
be the central personnel agency to set standards and to enforce the laws and rules governing
the selection, utilization, training and discipline of civil servants; that a public office is a public
trust and public officers shall serve with the highest degree of responsibility, integrity, loyalty
and efficiency and shall remain accountable to the people; and that action on personnel matters
shall be decentralized, with the different departments and other offices or agencies of the
government delegating to their regional offices or other similar units, powers and functions.

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Article. III Definition of Terms

Section 3. As used in this Decree, the following shall be construed thus:

(a) Agency means any bureau, office, commission, administration, board, committee, institute,
corporation, whether performing governmental or proprietary function, or any other unit of the
National Government, as well as provincial, city or municipal government, except as
hereinafter otherwise provided.

(b) Appointing officer is the person or body authorized by law to make appointments in the
Philippine Civil Service.

(c) Class includes all positions in the government service that are sufficiently similar as to
duties and responsibilities and require similar qualifications that can be given the same title
and salary and for all administrative and compensation purposes, be treated alike.

(d) Commission refers to the Civil Service Commission.

(e) Chairman refers to the Chairman of the Commission.

(f) Commissioner refers either of the two other members of the Commission.

(g) Department includes any of the executive departments or entities having the category of a
department including the judiciary, Commission on Elections and Commission on Audit.

(h) Eligible refers to a person who obtains a passing grade in a civil service examination or is
granted a civil service eligibility and whose name is entered in the register of eligibles.

(i) Examination refers to a civil service examination conducted by the Commission and its
regional offices or by other departments or agencies with the assistance of the Commission, or
in coordination or jointly with it, and those that it may delegate to departments and agencies
pursuant to this Decree, or those that may have been delegated by law.

(j) Form refers to those prescribed by the Civil Service Commission.

Article. IV Scope of The Civil Service

Section 4. Position Embraced in the Civil Service. The Civil Service embraces every branch,
agency, subdivision, and instrumentality of the government, including every government-
owned or controlled corporations whether performing governmental or proprietary function.

Positions in the Civil Service shall be classified into career service and non-career service.

Section 5. The Career Service shall be characterized by (1) entrance based on merit and fitness
to be determined as far as practicable by competitive examinations or based on highly technical

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qualifications; (2) opportunity for advancement to higher career positions; and (3) security of
tenure.

The Career Service shall include:

1. Open Career positions for appointment to which prior qualification in an appropriate

examination is required.

2. Closed Career positions which are scientific or highly technical in nature; these include the
faculty and academic staff of state colleges and universities, and scientific and technical
positions in scientific or research institutions which shall establish and maintain their own merit
systems.

3. Positions in the Career Executive Service; namely, Undersecretary, Assistant Secretary,

Bureau Director, Assistant Bureau Director, Regional Director, Assistant Regional Director,
Chief of Department Service and other officers of equivalent rank as may be identified by the
Career Executive Service Board, all of whom are appointed by the President.

4. Career officers, other than those in the Career Executive Service, who are appointed by the
President, such as the Foreign Service Officers in the Department of Foreign Affairs.

5. Commissioned officers and enlisted men of the Armed Forces which shall maintain a
separate merit system.

6. Personnel of government-owned or controlled corporations, whether performing

governmental or proprietary functions, who do not fall under the non-career service; and

7. Permanent laborers, whether skilled, semi-skilled, or unskilled.

Section 6. The Non-Career Service shall be characterized by (1) entrance on bases other than
those of the usual tests of merit and fitness utilized for the career service; and (2) tenure which
is limited to a period specified by law, or which is coterminous with that of the appointing
authority or subject to his pleasure, or which is limited to the duration of a particular project
for which purpose employment was made.

The Non-Career Service shall include:

1. Elective officials and their personal or confidential staff.

2. Department Heads and other officials of Cabinet rank who hold positions at the pleasure of
the President and their personal or confidential staff(s).

3. Chairman and members of commissions and boards with fixed terms of office and their
personal or confidential staff.

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4. Contractual personnel or those whose employment in the government is in accordance with

a special contract to undertake a specific work or job, requiring special or technical skills not
available in the employing agency, to be accomplished within a specific period, which in no
case shall exceed one year, and performs or accomplishes the specific work or job, under his
own responsibility with a minimum of direction and supervision from the hiring agency; and

5. Emergency and seasonal personnel.

Section 7. Classes of Positions in the Career Service.

(a) Classes of positions in the career service appointment to which requires examinations shall
be grouped into three major level as follows:

1. The first level shall include clerical, trades, crafts, and custodial service positions which
involve non-professional or subprofessional work in a non-supervisory or supervisory capacity
requiring less than four years of collegiate studies.

2. The second level shall include professional, technical, and scientific positions which involve
professional, technical, or scientific work in a non-supervisory or supervisory capacity
requiring at least four years of college work up to Division Chief level; and

3. The third level shall cover positions in the Career Executive Service.

(b) Except as herein otherwise provided, entrance to the first two levels shall be through
competitive examinations, which shall be open to those inside and outside the service who meet
the minimum qualification requirements. Entrance to a higher level does not require previous
qualification in the lower level. Entrance to the third level shall be prescribed by the Career
Executive Service Board.

(c) Within the same level, no civil service examination shall be required for promotion to a
higher position in one or more related occupational groups. A candidate for promotion should,
however, have previously passed the examination for that level.

Article V: Organization and Functions

Section 8. Composition of the Civil Service Commission.

(a) An independent Civil Service Commission, hereinafter referred to as the Commission is

hereby established composed of a Chairman and two Commissioners, who shall be responsible
for the effective discharge of the functions of the Commission. They shall be appointed by the
President for a term of seven years without reappointment. Of the Commissioners first
appointed, one shall hold office for seven years, another for five years, and the third for three
years: Provided, that appointment to any vacancy shall be only for the unexpired portion of the
term of the predecessors.

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(b) To be eligible for appointment as Chairman or Commissioners, a person should be a natural

born citizen of the Philippines, at least thirty-five years of age at the time of appointment, a
holder of a college degree and must not have been a candidate for any elective position in the
election immediately preceding his appointment.

(c) The Chairman and each Commissioner shall receive an annual compensation of sixty
thousand pesos and fifty thousand pesos which shall not be decreased during their continuance
in office: Provided, That no member of the Commission shall, during his tenure in office,
engage in the practice of any profession or in the management of any business, or be financially
interested directly or indirectly in any contract with, or in any franchise or privilege granted
by, the Government, or any subdivision, agency or instrumentality thereof, including
government-owned or controlled corporations.

Section 9. Powers and Functions of the Commission. The Commission shall administer the
Civil Service and shall have the following powers and functions:

(a) Administer and enforce the constitutional and statutory provisions on the merit system.

(b) Prescribe, amend and enforce suitable rules and regulations for carrying into effect the
provisions of this Decree. These rules and regulations shall become effective thirty days after
publication in the Official Gazette or in any newspaper of general circulation.

(c) Promulgate policies, standards, and guidelines for the Civil Service and adopt plans and
programs to promote economical, efficient, and effective personnel administration in the
government; and prescribe all forms for publications, examinations, appointments, reports,
records, and such other forms as may be required under this Decree.

(d) Advise the President on all matters involving personnel management in the government
service and assist in the improvement of personnel units and programs in the department and
agencies.

(e) Appoint its personnel and exercise overall supervision and control over the activities of the
Commission.

(f) Supervise and coordinate the conduct of civil service examinations being administered by
the departments concerned as provided for under Paragraph 5, Article III, Chapter II, Part III
of the Integrated Reorganization Plan.

(g) Provide leadership and assistance in formulating, administering, and evaluating programs
relative to the development and retention of a competent and efficient work force in the public
service.

(h) Approve all appointments, whether original or promotional, to positions in the civil service,
except those of presidential appointees, members of the Armed Forces of the Philippines, police
forces, firemen, and jail guards, and disapprove those where the appointees do not possess the

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appropriate eligibility or required qualifications. An appointment shall take effect immediately

upon issue by the appointing authority if the appointee assumes his duties immediately and
shall remain effective until it is disapproved by the Commission, if this should take place,
without prejudice to the liability of the appointing authority for appointments issued in
violation of existing laws or rules: Provided, finally, That the Commission shall keep a record
of appointments of all officers and employees in the civil service. All appointments requiring
the approval of the Commission as herein provided, shall be submitted to it by the appointing
authority within thirty days from issuance, otherwise, the appointment becomes ineffective
thirty days thereafter.

(i) Inspect and audit periodically the personnel work programs of the different departments,
bureaus, offices, agencies and other instrumentalities of the government, including
government-owned or controlled corporations, conduct periodic review of decisions and
actions of offices or officials to whom authority has been delegated by the Commission as well
as the conduct of the officials and employees in these offices and apply appropriate sanctions
whenever necessary.

(j) Hear and decide administrative disciplinary cases instituted directly with it in accordance
with Section 37 or brought to it on appeal.

(k) Issue subpoena and subpoena duces tecum or require the production of books and papers
pertinent to investigations and inquiries to be made by the Commission in accordance with its
authority conferred by the Constitution, this Decree, and other laws, decrees, or letters of
instructions issued by the President; summon witnesses to appear at such investigation or
inquiries.

(l) Submit to the President an annual report which shall contain an adequate evaluation of the
progress of the merit system and the problems encountered in its implementation; and

(m) Perform such other functions as properly belong to a central personnel agency.

Section 10. Duties and Responsibilities of the Chairman.

(a) Subject to policies and resolution adopted by the Commission, the Chairman shall:

1. Direct the operations of the Commission including those pertaining to its internal
administration.

2. Establish standard operating procedures for the effective operations for the Commission.

3. Transmit to the President, rules, regulations, and other guidelines adopted by the
Commission which require Presidential attention including annual and other periodic reports
as may be necessary.

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4. Issue appointments to and enforce decision on administrative discipline involving officials

and employees of the Commission.

5. Delegate authority for the performance of any function to officials of the Commission.

6. Submit the annual and supplemental budgets of the Commission; and

7. Perform such other functions as may be provided by law.

(b) In his capacity as member of the Career Executive Service Board, he shall present
appropriate viewpoints in the deliberations of the Board that would seek to ensure the policies
and programs of the Board are properly harmonized with the overall policies and programs of
personnel management in the government.

(c) There shall be an Executive Director in the Office of the Chairman who shall be responsible
for the effective implementation of the policies, rules and standards promulgated by the
Commission, to coordinate and supervise the activities of the different offices in the
Commission including those of the regional offices; to report to the Chairman the operation of
such functions as may be assigned to him by the Chairman.

Section 11. Duties and Responsibilities of the Other Members of the Commission. Jointly with
the Chairman, the two Commissioners shall be responsible for the effective exercise of the rule-
making and adjudicative functions of the Commission. In case of the absence of the Chairman,
owing to illness or other cause, the senior member shall temporarily perform the functions of
the Chairman.

Section 12. Offices in the Commission. The Commission shall carry out its functions through
the following Offices and Service: (1) Office of Recruitment, Examination and Selection, (2)
Office of Career and Employee Development, (3) Office of Personnel Planning and Program
Evaluation, (4) Office of Personnel Relations, (5) Office of Legal Affairs, and (6)
Administrative Service. It shall keep and maintain such regional offices as the exigencies of
the service so require in accordance with the pertinent provisions of Chapter III, Part II of the
Integrated Reorganization Plan, or as may be provided by law.

1. The Office of Recruitment, Examination and Selection, headed by a Director, shall provide
leadership and assistance in developing and implementing the overall Commission program
relating to recruitment, examination, and selections.

2. The Office of Career and Employee Development, headed by a Director, shall provide
leadership and assistance to line agencies in formulating, administering, and evaluating
programs relating to the development and retention of skilled and efficient work force in the
public service, develop policies, standards and procedures on the establishment and
administration of departmental and agency career and personnel development plans which shall
include provisions on merit promotions, performance evaluation, in-service training, job

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rotation, suggestions and incentive award system; integrate such plans into a national plan; and
monitor and evaluate progress in connection therewith.

3. The Office of Personnel Planning and Program Evaluation, headed by a Director, shall
provide the Commission with economical, efficient, and effective service relating to policy
development, program planning, research and statistics, budgetary and management services;
and shall conduct periodic evaluation of personnel management programs and performance of
the different departments and agencies of the national government, including government-
owned or controlled corporations.

4. The Office of Personnel Relations, headed by a Director, shall provide leadership and
assistance in developing employee relations programs in the different departments and
agencies, including the establishment of employee organizations and the coordination of their
activities.

5. The Office of Legal Affairs, headed by a Director, shall assist the Commission on all matters
relating to administrative discipline and in its quasi-judicial and rule-making functions and the
prosecution of violation of Civil Service Law and Rules and laws affecting the Civil Service
and such other functions as may be assigned by the Chairman.

6. The Administrative Service, headed by a Director, shall provide the Commission with
economical, efficient, and effective services relating to personnel, records, supplies,
equipment, collection, disbursements, accounting, and data processing and custodial services.

Section 13. Regional Offices. Each regional office of the Commission shall exercise the
following authority:

(a) Enforce Civil Service Law and Rules in connection with personnel actions of national and
local government agencies within the region, and the conduct of public officers and employees.

(b) Conduct recruitment and examination for government-wide positions in the region.

(c) Provide technical advice and assistance to public agencies within the region regarding
personnel administration; and

(d) Perform such other functions as may be assigned to it by the Commission.

Section 14. Authority to Reorganize. In order to carry out the powers and functions set forth in
this Decree, the Commission is hereby authorized to reorganize the internal structure of the
Commission subject to the approval of the President: Provided, however, that this authority
shall not extend beyond December 31, 1976.

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Article VI. Responsibilities of Public Officers and Employees

Section 15. Duties of Public Officers. Public office is a public trust. Public officers and
employees shall serve with the highest degree of responsibility, integrity, loyalty, and
efficiency, and shall remain accountable to the people.

Article VII. Interdepartmental Relations

Section 16. Civil Service Assistance to Departments and Agencies. Each head of department,
office, agency, government-owned or controlled corporation and local government shall be
responsible for personnel administration in his office which shall be in accordance with the
provisions relating to civil service embodied in the Constitution, this Decree and the rules,
principles, standards, guidelines and regulations established by the Commission. Whenever it
deems it in the interest of the public service, the Civil Service Commission shall organize in
each department, office, agency, government-owned or controlled corporation, and provincial
and city government a Civil Service Staff which shall be headed by an officer of the
Commission. The necessary staff personnel and office facilities and equipment shall be
provided by the department, government-owned or controlled corporation or local government
where the staff is established but the Commission may augment these with its own. This shall
serve as the principal liaison between the Civil Service and the Department concerned and shall
perform the following specific functions and those functions which may hereafter be assigned
to it by the Commission:

1. Provide technical assistance in all aspects of personnel management.

2. Monitor and audit periodically the personnel practices and performance of the Department
or agency concerned as well as those of public officers and employees thereat.

3. Determine agency compliance with Civil Service Law and rules, and

4. In the performance of these functions, the staff shall welcome and receive from public any
suggestions, observations and complaints pertaining to the conduct of public officers and
employees.

In the performance of their functions, the units so organized shall avail of the technical
assistance and guidelines of the Civil Service Commission.

Section 17. Council of Personnel Offices. There is hereby created a Council of Personnel
Officers to be composed of Chief personnel officers of the different executive departments and
of agencies with the category of department that the Chairman of the Commission shall select
for membership. Except for its Executive Officer who shall be designated by the Chairman
from among the appropriate officials in the Civil Service Commission, the Council is
authorized to elect such other officer from among its members and to fix its own rules or
procedures concerning attendance at meetings, approval of policy declaration, and other

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business matters. Provisions for necessary facilities and clerical assistance for the Council shall
be made in the annual budget of the Commission.

The Council shall have the following functions:

(a) Upon request of the Head of Department or the Commission, to offer advice in developing
constructive policies, standards, procedures, and programs as well as on matters relating to the
improvement of personnel methods and to the solution of personnel problems confronting the
various departments and agencies of the government.

(b) To promote among the departments and agencies, through study and discussion, uniform
and consistent interpretation and application of personnel policies; and

(c) To serve as a clearing house of information and to stimulate the use of methods of personnel
management that will contribute most to good government.

Section 18. Inspection and Audit. The Commission, through its designated representatives,
shall conduct a periodic inspection and audit of the personnel management program of each
department, agency, province or city, in order to: (a) determine compliance with this Decree,
rules and standards; (b) review discharge of delegated authority; (c) make an adequate
evaluation of the progress made and problems encountered in the conduct of the merit system
in the national and local governments including government-owned or controlled corporations;
(d) give advice and provide assistance in developing constructive policies, standards and
procedures, and (e) stimulate improvement in all areas of personnel management.

Periodic inspection and audit will include an appraisal of personnel management operations
and activities relative to: (a) formulation and issuance of personnel policy; (b) recruitment and
selection of employees; (c) personnel action and employment status; (d) career and employee
development; (e) performance evaluation system; (f) employee suggestions and incentive
award; (g) employee relations and services; (h) discipline; (i) personnel records and reporting;
and (j) program evaluation.

Article VIII. Personnel Policies and Standards

Section 19. Recruitment and Selection of Employees.

1. Opportunity for government employment shall be open to all qualified citizens and positive
efforts shall be exerted to attract the best qualified to enter the service. Employees shall be
selected on the basis of fitness to perform the duties and assume the responsibilities of the
positions.

2. When a vacancy occurs in a position in the first level of the Career Service as defined in
Section 7, the employees in the department who occupy the next lower positions in the
occupational group under which the vacant position is classified, and in other functionally

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related occupational groups and who are competent, qualified and with the appropriate civil
service eligibility shall be considered for promotion.

3. When a vacancy occurs in a position in the second level of the Career Service as defined in
Section 7, the employees in the government service who occupy the next lower positions in the
occupational group under which the vacant positions is classified and in other functionally
related occupational groups and who are competent, qualified and with the appropriate civil
service eligibility shall be considered for promotion.

4. For purposes of this Section, each department or agency shall evolve its own screening
process, which may include tests of fitness, in accordance with standards and guidelines set by
the Commission. Promotion boards shall be formed to formulate criteria for evaluation,
conduct tests and/or interviews, and make systematic assessment of training and experience.

5. If the vacancy is not filled by promotion as provided herein the same shall be filled by
transfer of present employees in the government service, by reinstatement, by re-employment
of persons separates through reduction in force, or by appointment of persons with the civil
service eligibility appropriate to the positions.

6. A qualified next-in-rank employee shall have the right to appeal initially to the department
head and finally to the Office of the President an appointment made (1) in favor of another
next-in-rank employee who is not qualified, or (2) in favor of one who is not next-in-rank, or
(3) in favor of one who is appointed by transfer and not next-in-rank, or by reinstatement, or
by original appointment if the employee making the appeal is not satisfied with the written
special reason or reasons given by the appointing authority for such appointment: Provided,
That final appeal shall be to the department head concerned if the appointment is issued to a
qualified next-in-rank employee. Before deciding a contested appointment, the Office of the
President shall consult the Civil Service Commission. For purposes of this Section, "qualified
next-in-rank" refers to an employee appointed on a permanent basis to a position previously
determined to be next-in-rank to the vacancy proposed to be filled and who meets the requisites
for appointment thereto as previously determined by the appointing authority and approved by
the Commission.

7. Qualification in an appropriate examination shall be required for appointment to positions

in the first and second levels in the career service in accordance with the Civil Service rules,
except as otherwise provided in this Decree: Provided, That whenever there is a civil service
eligible actually available for appointment, no person who is not such an eligible shall be
appointed even in a temporary capacity to any vacant position in the career service in the
government or in any government-owned or controlled corporation, except when the
immediate filling of the vacancy is urgently required in the public interest, or when the vacancy
is not permanent, in which cases temporary appointments of non-eligibles may be made in the
absence of eligibles actually and immediately available.

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8. The appropriate examinations herein referred to shall be those given by the Commission and
the different agencies: Provided, however, That nothing herein shall affect those eligibles
acquired prior to the effectivity of this Civil Service Law: Provided, further, That a person with
a civil service eligibility acquired by successfully passing an examination shall be qualified for
a position requiring a lower eligibility if he possesses the other requirements for appointment
to such position.

9. Those who acquired civil service eligibility after the passage of the Integrated
Reorganization Plan by virtue of having passed civil service examinations or their equivalents
may avail of said eligibilities within a period not exceeding five years.

Section 20. Qualification Standards.

(a) A qualification standard expresses the minimum requirements for a class of positions in
terms of education, training and experience, civil service eligibility, physical fitness, and other
qualities required for successful performance. The degree of qualifications of an officer or
employee shall be determined by the appointing authority on the basis of the qualifications
standard for the particular position.

Qualification standards shall be used as basis for civil service examinations for positions in the
career service, as guides in appointment and other personnel actions, in the adjudication of
protested appointments, in determining training needs, and as aid in the inspection and audit of
the agencies personnel work programs.

It shall be administered in such manner as to continually provide incentives to officers and

employees towards professional growth and foster the career system in the government service.

(b) The establishment, administration and maintenance of qualification standards shall be the
responsibility of the department or agency, with the assistance and approval of the Civil Service
Commission and in consultation with the Wage and Position Classification Office.

Section 21. Release of Examination Results. The results of any particular civil service
examination held in a number of places on the same date shall be released simultaneously.

Section 22. Register of Eligibles. The names of the competitors who pass an examination shall
be entered in a register of eligibles arranged in the order of their general ratings and containing
such information as the Commission may deem necessary.

Section 23. Cultural Communities. In line with the national policy to facilitate the integration
of the members of cultural communities and accelerate to the development of the areas
occupied by them, the Commission shall give special civil service examinations to qualify them
for appointment in the civil service.

Section 24. Personnel Actions. All appointments in the career service shall be made only
according to merit and fitness, to be determined as far as practicable by competitive

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examinations. A non-eligible shall not be appointed to any position in the civil service
whenever there is a civil service eligible actually available for and ready to accept appointment.

As used in this Decree, any action denoting the movement or progress of personnel in the civil
service shall be known as personnel action. Such action shall include appointment through
certification, promotion, transfer, reinstatement, re-employment, detail, reassignment,
demotion, and separation. All personnel actions shall be in accordance with such rules,
standards, and regulations as may be promulgated by the Commission.

(a) Appointment through certification. An appointment through certification to a position in

the civil service, except as herein otherwise provided, shall be issued to a person who has been
selected from a list of qualified persons certified by the Commission from an appropriate
register of eligibles, and who meets all the other requirements of the position.

All such persons must serve a probationary period of six months following their original
appointment and shall undergo a thorough character investigation in order to acquire permanent
civil service status. A probationer may be dropped from the service for unsatisfactory conduct
or want of capacity any time before the expiration of the probationary period: Provided, that
such action is appealable to the Commission.

(b) Promotion. A promotion is a movement from one position to another with an increase in
duties and responsibilities as authorized by law and usually accompanied by an increase in pay.
The movement may be from one department or agency to another, or from one organizational
unit to another in the same department or agency.

(c) Transfer. A transfer is a movement from one position to another which is of equivalent rank,
level, or salary without break in service involving the issuance of an appointment.

It shall be considered disciplinary when made in the interest of public service, in which case,
the employee concerned shall be informed of the reasons, therefore. If the employee believes
that there is no justification for the transfer, he may appeal his case to the Commission.

The transfer may be from one department or agency to another or from one organizational unit
to another in the same department or agency: Provided, however, that any movement from the
non-career service to the career service shall not be considered a transfer.

(d) Reinstatement. Any person who has been permanently appointed to a position in the career
service and who has, through no delinquency or misconduct, been separated therefrom, may
be reinstated to a position in the same level for which he is qualified.

(e) Re-employment. Names of persons who have been appointed permanently to positions in
the career service and who have been separated as a result of reduction in force and/or
reorganization, shall be entered in a list from which selection for reemployment shall be made.

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(f) Detail. A detail is the movement on an employee from one agency to another without the
issuance of an appointment and shall be allowed, only for a limited period in the case of
employees occupying professional, technical, and scientific positions. If the employee believes
that there is no justification for the detail, he may appeal his case to the Commission. Pending
appeal, the decision to detail the employee shall be executory unless otherwise ordered by the
Commission.

(g) Reassignment. An employee may be reassigned from one organizational unit to another in
the same agency: Provided, that such reassignment shall not involve a reduction in rank, status
or salary.

Section 25. Employment Status. Appointment in the career service shall be permanent or
temporary.

(a) Permanent status. A permanent appointment shall be issued to a person who meets all the
requirements for the positions to which he is being appointed, including the appropriate
eligibility prescribed, in accordance with the provisions of law, rules and standards
promulgated in pursuance thereof.

(b) Temporary appointment. In the absence of appropriate eligibles and it becomes necessary
in the public interest to fill a vacancy, a temporary appointment shall be issued to a person who
meets all the requirements for the positions to which he is being appointed except the
appropriate civil service eligibility: Provided, That such temporary appointment shall not
exceed twelve months, but the appointee may be replaced sooner if a qualified civil service
eligible becomes available.

Section 26. Salary Increase or Adjustment. Adjustments in salaries as a result of increase in

pay levels or upgrading of positions which do not involve a change in qualification
requirements shall not require a new appointment except that copies of the salary adjustment
notices shall be submitted to the Commission for record purposes.

Section 27. Reduction in Force. Whenever it becomes necessary because of lack of work or
funds or due to a change in the scope or nature of an agency's program, or as a result of
reorganization, to reduce the staff of any department or agency, those in the same group or
class of positions in one or more agencies within the particular department or agency wherein
the reduction is to be effected, shall be reasonably compared in terms of relative fitness,
efficiency and length of service, and those found to be least qualified for the remaining
positions shall be laid off.

Section 28. Career and Personnel Development. The Development and retention of a competent
and efficient work force in the public service is a primary concern of government. It shall be
the policy of the government that a continuing program of career and personnel development
be established for all government employees at all levels. An integrated national plan for career

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and personnel development shall serve as the basis for all career and personnel development
activities in the government.

Section 29. Career and Personnel Development Plans. Each department or agency shall prepare
a career and personnel development plan which shall be integrated into a national plan by the
Commission. Such career and personnel development plans which shall include provisions on
merit promotions, performance evaluation, in-service training, including overseas and local
scholarships and training grants, job rotation, suggestions and incentive award systems, and
such other provisions for employees' health, welfare, counselling, recreation and similar
services.

Section 30. Merit Promotion Plans. Each department or agency shall establish merit promotion
plans which shall be administered in accordance with the provisions of this Decree and the
rules, regulations, and standards to be promulgated by the Commission. Such plans shall
include provisions for a definite screening process, which may include tests of fitness, in
accordance with standards and guidelines set by the Commission. Promotion Boards may be
organized subject to criteria drawn by the Commission.

Section 31. Performance Evaluation System. There shall be established a performance

evaluation system, which shall be administered in accordance with rules, regulations and
standards promulgated by the Commission for all officers and employees in the career service.
Such performance evaluation system shall be administered in such manner as to continually
foster the improvement of individual employee efficiency and organizational effectiveness.

Each department or agency may, after consultation with the Commission, establish and use one
or more performance evaluation plans appropriate to the various groups of positions in the
department or agency concerned. No performance evaluation shall be given, or used as a basis
for personnel action, except under an approved performance evaluation plan: Provided, that
each employee shall be informed periodically by his supervisor of his performance evaluation.

Section 32. Responsibility for Training. The Commission shall be responsible for the
coordination and integration of a continuing program of personnel development for all
government personnel in the first and second levels.

Central staff agencies and specialized institutes shall conduct continuing centralized training
for staff specialists from the different agencies. However, in those cases where there is
sufficient number of participants to warrant training at department or agency or local
government level, such central staff agencies and specialized institute shall render the
necessary assistance, and consultative services.

To avoid duplication, of effort and overlapping of training functions, the following functional
responsibilities are assigned:

(a) Public and private colleges and universities and similar institutions shall be encouraged to
organize and carry out continuing programs of executive development.

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(b) The Commission, the Commission on Audit, the Budget Commission, the General Services
Administration, and other central staff agencies shall conduct centralized training and assist in
the training program of the Departments or agencies along their respective functional areas of
specialization.

(c) In coordination with the Commission, the Department of Local Government and
Community Development shall undertake local government training programs.

(d) In coordination with the Commission, each department or agency, province or city shall
establish, maintain and promote a systematic plan of action for personnel training at all levels
in accordance with standards laid down by the Commission. It shall maintain appropriate
training staffs and make full use of available training facilities.

Whenever it deems it necessary, the Commission shall take the initiative in undertaking
programs for personnel development.

Section 33. Employee Suggestions and Incentive Award System. There shall be established a
government-wide employee suggestions and incentive awards system which shall be
administered under such rules, regulations, and standards as may be promulgated by the
Commission.

In accordance with rules, regulations, and standards promulgated by the Commission, the
President or the head of each department or agency is authorized to incur whatever necessary
expenses involved in the honorary recognition of subordinate officers and employees of the
government who by their suggestions, inventions, superior accomplishment, and other personal
efforts contribute to the efficiency, economy, or other improvement of government operations,
or who perform such other extraordinary acts or services in the public interest in connection
with, or in relation to, their officials employment.

Section 34. Personnel Relations.

(a) It shall be the concern of the Commission to provide leadership and assistance in developing
employee relations programs in the departments or agencies.

(b) Every head of department or agency shall take all proper steps toward the creation of an
atmosphere conducive to good supervisor-employee relations and the improvement of
employee morale.

Section 35. Complaints and Grievances. Employees shall have the right to present their
complaints or grievances to management and have them adjudicated as expeditiously as
possible in the best interest of the agency, the government as a whole, and the employee
concerned. Such complaint or grievances shall be resolved at the lowest possible level in the
department or agency, as the case may, and the employee shall have the right to appeal such
decision to higher authorities.

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Each department or agency shall promulgate rules and regulations governing expeditious, fair,
and equitable adjustment of employees' complaints or grievances in accordance with the
policies enunciated by the Commission.

Article IX. Discipline

Section 36. Discipline: General Provisions.

(a) No officer or employee in the Civil Service shall be suspended or dismissed except for
cause as provided by law and after due process.

(b) The following shall be grounds for disciplinary action:

1. Dishonesty.

2. Oppression.

3. Neglect of duty.

4. Misconduct.

5. Disgraceful and immoral conduct.

6. Being notoriously undesirable.

7. Discourtesy in the course of official duties.

8. Inefficiency and incompetence in the performance of official duties.

9. Receiving for personal use of a fee, gift or other valuable thing in the course of official duties
or in connection therewith when such fee, gift, or other valuable thing is given by any person
in the hope or expectation of receiving a favor or better treatment than that accorded other
persons or committing acts punishable under the anti-graft laws.

10. Conviction of a crime involving moral turpitude.

11. Improper or unauthorized solicitation of contributions from subordinate employees and by

teachers or school officials from school children.

12. Violation of existing Civil Service Law and rules or reasonable office regulations.

13. Falsification of official document.

14. Frequent unauthorized absences or tardiness in reporting for duty, loafing or frequent
unauthorized absences from duty during regular office hours.

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15. Habitual drunkenness.

16. Gambling prohibited by law.

17. Refusal to perform official duty or render overtime service.

18. Disgraceful, immoral or dishonest conduct prior to entering the service.

19. Physical or mental incapacity or disability due to immoral or vicious habits.

20. Borrowing money by superior officers from subordinates or lending by subordinates to

superior officers.

21. Lending money at usurious rates of interest.

22. Willful failure to pay just debts or willful failure to pay taxes due to the government.

23. Contracting loans of money or other property from persons with whom the office of the
employee concerned has business relations.

24. Pursuit of private business, vocation or profession without the permission required by Civil
Service rules and regulations.

25. Insubordination.

26. Engaging directly or indirectly in partisan political activities by one holding non-political
office.

27. Conduct prejudicial to the best interest of the service.

28. Lobbying for personal interest or gain in legislative halls and offices without authority.

29. Promoting the sale of tickets in behalf of private enterprises that are not intended for
charitable or public welfare purposes and even in the latter cases if there is no prior authority;

30. Nepotism as defined in Section 49 of this Decree.

(c) Except when initiated by the disciplining authority, no complaint against a civil service
official or employee shall be given due course unless the same is in writing and subscribed and
sworn to by the complainant.

(d) In meting out punishment, the same penalties shall be imposed for similar offenses and only
one penalty shall be imposed in each case. The disciplining authority may impose the penalty
of removal from the service, transfer, demotion in rank, suspension for not more than one year
without pay, fine in an amount not exceeding six months' salary, or reprimand.

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Section 37. Disciplinary Jurisdiction.

(a) The Commission shall decide upon appeal all administrative disciplinary cases involving
the imposition of a penalty of suspension for more than thirty days, or fine in an amount
exceeding thirty days' salary, demotion in rank or salary or transfer, removal or dismissal from
Office. A complaint may be filed directly with the Commission by a private citizen against a
government official or employee in which case it may hear and decide the case, or it may
deputize any department or agency or official or group of officials to conduct the investigation.
The results of the investigation shall be submitted to the Commission with recommendation as
to the penalty to be imposed or other action to be taken.

(b) The heads of departments, agencies and instrumentalities, provinces, cities and
municipalities shall have jurisdiction to investigate and decide matters involving disciplinary
action against officers and employees under their jurisdiction. Their decisions shall be final in
case the penalty imposed is suspension for not more than thirty days or fine in an amount not
exceeding thirty days' salary. In case the decision rendered by a bureau or office head is
appealable to the Commission, the same may be initially appealed to the department and finally
to the Commission and pending appeal, the same shall be executory except when the penalty
is removal, in which case the same shall be executory only after confirmation by the department
head.

(c) An investigation may be entrusted to regional director or similar officials who shall make
the necessary report and recommendation to the chief of bureau or office or department within
the period specified in Paragraph d of the following Section.

(d) An appeal shall not stop the decision from being executory, and in case the penalty is
suspension or removal, the respondent shall be considered as having been under the preventive
suspension during the pendency of the appeal in the event he wins an appeal.

Section 38. Procedure in Administrative Cases Against Non-Presidential Appointees.

(a) Administrative proceedings may be commenced against a subordinate officer or employee

by the head of department or office of equivalent rank, or head of local government, or chiefs
or agencies, regional directors, or upon sworn, written complaint of any other persons.

(b) In the case of a complaint filed by any other persons, the complainant shall submit sworn
statements covering his testimony and those of his witnesses together with his documentary
evidence. If based on such papers a prima facie case is found not to exist, the disciplining
authority shall dismiss the case. If a prima facie case exists, he shall notify the respondent in
writing, of the charges against the latter, to which shall be attached copies of the complaint,
sworn statements and other documents submitted, and the respondent shall be allowed not less
than seventy-two hours after receipt of the complaint to answer the charges in writing under
oath, together with supporting sworn statements and documents, in which he shall indicate

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whether or not he elects a formal investigation if his answer is not considered satisfactory. If
the answer is found satisfactory, the disciplining authority shall dismiss the case.

(c) Although a respondent does not request a formal investigation, one shall nevertheless be
conducted when from the allegations of the complaint and the answer of the respondent,
including the supporting documents, the merits of the case cannot be decided judiciously
without conducting such an investigation.

(d) The investigation shall be held not earlier than five days nor later than ten days from the
date of receipt of respondent's answer by the disciplining authority and shall be finished within
thirty days from the filling of the charges, unless the period is extended by the Commission in
meritorious cases. The decision shall be rendered by the disciplining authority within thirty
days from the termination of the investigation or submission of the report of the investigator,
which report shall be submitted within fifteen days from the conclusion of the investigation.

(e) The direct evidence for the complainant and the respondent shall consist of the sworn
statement and documents submitted in support of the complaint or answer, as the case may be,
without prejudice to the presentation of additional evidence deemed necessary but was
unavailable at the time of the filing of the complaint or answer, upon which the cross-
examination, by respondent and the complainant, respectively, shall be based. Following cross-
examination, there may be redirect and recross-examination.

(f) Either party may avail himself of the services of counsel and may require the attendance of
witnesses and the production of documentary evidence in his favor through the compulsory
process of subpoena or subpoena duces tecum.

(g) The investigation shall be conducted only for the purpose of ascertaining the truth and
without necessarily adhering to technical rules applicable in judicial proceedings. It shall be
conducted by the disciplining authority concerned or his authorized representative.

The phrase "any other party" shall be understood to be a complainant other than those referred
to in subsection (a) hereof.

Section 39. Appeals. Appeals, where allowable, shall be made by the party adversely affected
by the decision within fifteen days from receipt of the decision unless a petition for
reconsideration is seasonably filed, which petition shall be decided within fifteen days. Notice
of the appeal shall be filed with the disciplining office, which shall forward the records of the
case, together with the notice of appeal, to the appellate authority within fifteen days from
filing of the notice of appeal, with its comment, if any. The notice of appeal shall specifically
state the date of the decision appealed from and the date of receipt thereof. It shall also
specifically set forth clearly the grounds relied upon for excepting from the decision.

(b) A petition for reconsideration shall be based only on any of the following grounds: (1) new
evidence has been discovered which materially affects the decision rendered; (2) the decision
is not supported by the evidence on record; or (3) errors of law or irregularities have been

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committed prejudicial to the interest of the respondent: Provided, That only one petition for
reconsideration shall be entertained.

Section 40. Summary Proceedings. No formal investigation is necessary, and the respondent
may be immediately removed or dismissed if any of the following circumstances is present:

(a) When the charge is serious, and the evidence of guilt is strong.

(b) When the respondent is a recidivist or has been repeatedly charged and there is reasonable
ground to believe that he is guilty of the present charge.

(c) When the respondent is notoriously undesirable.

Resort to summary proceedings by disciplining authority shall be done with utmost objectivity
and impartiality to the end that no injustice is committed: Provided, that removal or dismissal
except those by the President, himself, or upon his order, may be appealed to the Commission.

Section 41. Preventive Suspension. The proper disciplining authority may preventively
suspend any subordinate officer or employee under his authority pending an investigation, in
the charge against such officer or employee involves dishonesty, oppression or grave
misconduct, or neglect in the performance of duty, or if there are reasons to believe that the
respondent is guilty of charges which would warrant his removal from the service.

Section 42. Lifting of Preventive Suspension Pending Administrative Investigation. When the
administrative case against the officer of employee under preventive suspension is not finally
decided by the disciplining authority within the period of ninety (90) days after the date of
suspension of the respondent who is not a presidential appointee, the respondent shall be
automatically reinstated in the service: Provided, That when the delay in the disposition of the
case is due to the fault, negligence or petition of the respondent, the period of delay shall not
be counted in computing the period of suspension herein provided.

Section 43. Removal of Administrative Penalties or Disabilities. In meritorious cases and upon
recommendation in the Commission, the President may commute or remove administrative
penalties or disabilities imposed upon officers or employees in disciplinary cases, subject to
such terms and conditions as he may impose in the interest of the service.

Article X. Prohibitions

Section 44. Limitation on Appointment.

1. No elective official shall be eligible for appointment to any office or position during his term
of office.

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2. No candidate who lost in an election shall be eligible for appointment to any office in the
government, or in any government-owned or controlled corporation within one year following
such election.

Section 45. Political Activity. No officer or employee in the Civil Service including members
of the Armed Forces, shall engage directly or indirectly in any partisan political activity or take
part in any election except to vote nor shall he use his official authority or influence to coerce
the political activity of any other person or body. Nothing herein provided shall be understood
to prevent any officer or employee from expressing his views on current political problems or
issues, or from mentioning the names of candidates for public office whom he supports:
Provided, That public officers and employees holding political offices may take part in political
and electoral activities but it shall be unlawful for them to solicit contributions from their
subordinates or subject them to any of the acts involving subordinates prohibited in the Election
Code.

Section 46. Additional or Double Compensation. No elective or appointive public officer or

employee shall receive additional or double compensation unless specifically authorized by
law nor accept without the consent of the President, any present, emolument, office, or title of
any kind from any foreign state.

Section 47. Limitation on Employment of Laborers. Laborers, whether skilled, semi-skilled or

unskilled, shall not be assigned to perform clerical duties.

Section 48. Prohibition on Detail or Reassignment. No detail or reassignment whatever shall

be made within three (3) months before any election.

Section 49. Nepotism.

(a) All appointments in the national, provincial, city and municipal governments or in any
branch or instrumentality thereof, including government-owned or controlled corporations,
made in favor of a relative of the appointing or recommending authority, or of the chief of the
bureau or office, or of the persons exercising immediate supervision over him, are hereby
prohibited.

As used in this Section, the word "relative" and members of the family referred to are those
related within the third degree either of consanguinity or of affinity.

(b) The following are exempted from the operation of the rules on nepotism: (1) persons
employed in a confidential capacity, (2) teachers, (3) physicians, and (4) members of the Armed
Forces of the Philippines: Provided, however, that in each particular instance full report of such
appointment shall be made to the Commission.

The restriction mentioned in subsection (a) shall not be applicable to the case of a member of
any family who, after his or her appointment to any position in an office or bureau, contracts

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marriage with someone in the same office or bureau, in which event the employment or
retention therein of both husband and wife may be allowed.

(c) In order to give immediate effect to these provisions, cases of previous appointments which
are in contravention hereof shall be corrected by transfer, and pending such transfer, no
promotion or salary increase shall be allowed in favor of the relative or relatives who were
appointed in violation of these provisions.

Article XI. Miscellaneous Provisions

Section 50. Examining Committee, Special Examiners and Special Investigators. Subject to
approval by the proper head of department or agency, the Commission may select suitable
persons in the government service to act as members of examining committees, special
examiners or special investigators. Such person shall be designated examiners or investigators
of the Commission and shall perform such duties as the Commission may require and in the
performance of such duties they shall be under its exclusive control. Examining committees,
special examiners or special investigators so designated may be given allowances or per diems
for their services, to be paid out of the funds of, and at a rate to be determined by, the
Commission.

Section 51. Fees. The Commission shall collect and charge fees for civil service examinations,
certifications of civil service ratings, service records, and other civil service matters, training
courses, seminars, workshops in personnel management and other civil service matters.

For this purpose, the Commission shall prescribe standard and reasonable rates for such
examinations, certifications, training courses, seminars, and workshops: Provided, That the
fees so collected in training courses, seminars and workshops, shall be used exclusively for
training activities of the Commission: Provided, further, that no examination fees shall be
collected in examinations given for the selection of scholars.

Section 52. Authority of Officers to Administer Oaths, Take Testimony, Prosecute and Defend
Cases in Court. Members of the Commission, chiefs of offices, and other officers and
employees of the Commission designated in writing by the Chairman may administer such
oaths as may be necessary in the transactions of official business and administer oaths and take
testimony in connection with any authorized investigation. Attorneys of the Commission may
prosecute and defend cases in connection with the functions of the Commission before any
court or tribunal.

Section 53. Liability of Appointing Authority. No person employed in the Civil Service in
violation of the Civil Service Law and rules shall be entitled to receive pay from the
government; but the appointing authority responsible for such unlawful employment shall be
personally liable for the pay that would have accrued had the employment been unlawful, and
the disbursing officials shall make payment to the employee of such amount from salary of the
officers so liable.

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 ASIAN DEVELOPMENT FOUNDATION COLLEGE
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Section 54. Liability of Disbursing Officers. Except as may otherwise be provided by law, it
shall be unlawful for a treasurer, or other fiscal officer to draw or retain from the salary due an
officer or employee any amount for contribution or payment of obligations other than those
due the government or its instrumentalities.

Section 55. Penal Provision. Whoever makes any appointment or employs any person in
violation of any provision of this Decree or the rules made thereunder or whoever commits
fraud, deceit or intentional misrepresentation of material facts concerning other civil service
matters, or whoever violates, refuses or neglects to comply with any of such provisions or rules,
shall upon conviction be punished by a fine not exceeding one thousand pesos or by
imprisonment not exceeding six (6) months, or both such fine and imprisonment in the
discretion of the court.

Article XII. Transitory Provisions

Section 56. Government-owned or Controlled Corporations Personnel. All permanent

personnel of government-owned or controlled corporations whose positions are now embraced
in the civil service shall continue in the service until they have been given a chance to qualify
in an appropriate examination, but in the meantime, those who do not possess the appropriate
civil service eligibility shall not be promoted until they qualify in an appropriate civil service
examination. Services of temporary personnel may be terminated any time.

Section 57. Authority to Use Appropriations. The Commission is hereby authorized to use such
sums appropriated in Presidential Decree No. 733 and balances of existing certifications to
accounts payable including prior years which have not yet been reverted to the unappropriated
surplus, as are necessary to carry out the provisions of this Decree. Henceforth, appropriations
to cover the salaries of officials and employees of the Civil Service Commission and its
maintenance and operational expenses shall be included in the annual General Appropriations
Decree.

Section 58. Vested Rights. Except as otherwise provided in this Decree, rights vested or
acquired under the provisions of the old Civil Service Law, rules and regulations and any other
Acts prior to the effectivity of this Decree shall be respected.

Section 59. Repealing Clause. All laws, rules and regulations or parts thereof inconsistent with
the provisions of this Decree are hereby repealed or modified accordingly.

Section 60. Separability of Provisions. If any part, section or provision of this Decree shall be
held invalid or unconstitutional, no other part, section or provision thereof shall be affected
thereby.

Section 61. Effectivity. This Decree shall form part of the law of the land and shall take effect
immediately.

Master of Arts in Education with Specialization in

Educational Management
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 ASIAN DEVELOPMENT FOUNDATION COLLEGE
TACLOBAN CITY

References:

https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/12109
https://www.officialgazette.gov.ph/2013/05/15/republic-act-no-10533/
https://lawphil.net/statutes/repacts/ra1966/ra_4670_1966.html
https://www.officialgazette.gov.ph/1973/03/02/presidential-decree-no-136-s-1973/
https://lawphil.net/statutes/presdecs/pd1975/pd_807_1975.html

Master of Arts in Education with Specialization in

Educational Management
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