NCAE Legal and Ethical Issues in Education 2 — Questions and Answers
Question 1: Republic Act 7836 (Philippine Teachers Professionalization Act) requires teachers to:
- Hold a postgraduate degree before teaching
- Pass the Licensure Examination for Teachers (LET) to practice the teaching profession (Correct answer)
- Renew their license every year
- Work only in public schools
Correct answer: Pass the Licensure Examination for Teachers (LET) to practice the teaching profession
RA 7836 established the Licensure Examination for Teachers (LET) as the primary requirement for professional teaching practice in the Philippines.
RA 7836, signed in 1994, established the Philippine Board for Professional Teachers (PBPT) under the PRC and mandated the LET as the qualifying exam for all professional teachers. Passing the LET and registering with the PRC are prerequisites for employment in both public and private schools.
Question 2: A teacher discovers a student is being physically abused at home. What is the teacher's legal obligation under RA 7610?
- Keep it confidential to protect the student's privacy
- Report it to barangay officials only
- Report it immediately to the appropriate authorities or social welfare agency (Correct answer)
- Confront the parents personally
Correct answer: Report it immediately to the appropriate authorities or social welfare agency
RA 7610 (Special Protection of Children Against Abuse) mandates that school personnel who become aware of child abuse must report it to authorities.
Under RA 7610 and DepEd's Child Protection Policy, teachers are mandatory reporters. Discovering suspected child abuse creates a legal obligation to report to the DSWD, barangay officials, or the police. Failure to report may itself be a violation. The child's safety takes precedence over confidentiality.
Question 3: Under the Code of Ethics for Professional Teachers, what is a teacher's primary obligation?
- To follow the directives of the school principal without question
- To serve the students' best interests and promote their holistic development (Correct answer)
- To maximize test scores for school ranking purposes
- To maintain personal income through private tutoring of own students
Correct answer: To serve the students' best interests and promote their holistic development
The Code of Ethics for Professional Teachers places the student's best interests and holistic development at the center of a teacher's professional obligations.
The Code of Ethics for Professional Teachers (PRC Resolution 435, 1997) states that a teacher is primarily a servant of the students and the state. The teacher's primary obligation is to serve students' intellectual, moral, social, and physical development. Private tutoring of own students for pay is considered unethical.
Question 4: What does 'in loco parentis' mean in the context of Philippine education law?
- Parents must be present in school at all times
- Schools and teachers assume the rights and responsibilities of parents while students are in school (Correct answer)
- Students are treated as legal adults while at school
- Teachers are considered legal guardians of all students
Correct answer: Schools and teachers assume the rights and responsibilities of parents while students are in school
'In loco parentis' (Latin: in the place of a parent) means that schools and teachers act in the capacity of parents while students are in school.
The doctrine of in loco parentis gives schools and teachers temporary parental authority over students during school hours. This justifies teachers' authority to discipline students and enforce rules. However, this authority cannot be used to justify abuse and does not override students' constitutional rights.
Question 5: A teacher posts photos of students in a classroom activity on social media without parental consent. This may violate:
- RA 9155 (Governance of Basic Education Act)
- RA 10173 (Data Privacy Act of 2012) (Correct answer)
- RA 7836 (Teachers Professionalization Act)
- RA 9262 (VAWC Act)
Correct answer: RA 10173 (Data Privacy Act of 2012)
The Data Privacy Act of 2012 (RA 10173) protects personal data, including photos of minors, from unauthorized use or disclosure without proper consent.
RA 10173 classifies personal information — including images and names of identifiable individuals, especially minors — as protected data. Schools and teachers must have written consent from parents/guardians before posting student photos online. The National Privacy Commission has issued guidelines for educational institutions.
Question 6: The Magna Carta for Public School Teachers (RA 4670) guarantees which of the following rights?
- The right to teach in any country without additional qualifications
- The right to security of tenure, academic freedom, and professional development opportunities (Correct answer)
- The right to determine school policy without principal approval
- The right to exempt students from national exams
Correct answer: The right to security of tenure, academic freedom, and professional development opportunities
RA 4670 guarantees public school teachers security of tenure, academic freedom, the right to organize, and access to professional development.
The Magna Carta for Public School Teachers (RA 4670, 1966) protects public school teachers' rights. Key provisions include: security of tenure, academic freedom, the right to form professional organizations, and entitlement to professional development. Private school teachers are covered separately by DOLE regulations.
NCAE Legal and Ethical Issues in Education 2
Republic Act 7836 (Philippine Teachers Professionalization Act) requires teachers to: