Culture, and Sports
RIGHTS AND PRIVILEGES OF TEACHERS
The 1987 Philippine Constitution
IN THE PHILIPPINES
Article XIV, Section 5
“Ignorance of the law excuses no one from
compliance there with.” Article XIV Section 5
1. The State shall take into account regional and
Rights vs. Privileges sectoral needs and conditions and shall
Right encourage local planning in the development of
Rights are societal norms in the form of educational policies and programs.
freedoms that are available to people by 2. Academic freedom shall be enjoyed in all
virtue of being citizens of a country or as institutions of higher learning.
members of a society. Rights are considered 3. Every citizen has a right to select a profession
as fundamental and absolute. or course of study, subject to fair, reasonable,
and equitable admission and academic
Privilege requirements.
A special benefit or permission granted to an 4. The State shall enhance the right of teachers
individual or a group based on status, class, to professional advancement. Non-teaching
rank, title, or special talent. Thus, privilege academic and non-academic personnel shall
is a special right not available to all members enjoy the protection of the State.
of the society but is rather restricted to a 5. The State shall assign the highest budgetary
chosen few in the society. priority to education and ensure that teaching
will attract and retain its rightful share of the
Rights vs. Privilege best available talents through adequate
1. Right is available to all citizens while privilege remuneration and other means of job
is granted to individuals and groups on the basis satisfaction and fulfilment.
of their status, rank, title or membership in a
group. Batas Pambansa Blg. 232
2. Suffrage or the right to vote today was Education Act of 1982
available to white males only at one point of An Act Providing for the Establishment and
time. It was a privilege then but a right now. Maintenance of an Integrated System of
3. Many of the rights today were once privileges Education.
granted to higher classes.
4. Privileges are exclusive rights that are Batas Pambansa Blg. 232
available to a chosen few.
5. Privileges are conditional and can be SECTION 10. Rights of all School Personnel.—In
withdrawn while rights are inherent and additionto other rights provided for by law, the
cannot be withdrawn. following rights shall be enjoyed by all school
personnel:
Remember that although the state is required 1. The right to free expression of opinion and
to give support and protection to the teachers, suggestions, and to effective channels of
it is also the responsibility of the teachers to communication with appropriate academic and
know what the government can do for them. administrative bodies of the school or
institution.
, 2. The right to be provided with free legal accordance with existing laws, regulations and
service by the appropriate government office in policies of the Ministry of Education, Culture
the case of the public-school personnel, and and Sports, be accorded sufficient
through the school authorities concerned in the administrative discretion necessary for the
case of private school personnel, when charged efficient and effective performance of their
in an administrative, civil and/or criminal functions.
proceedings by parties other than the school or School administrators shall be deemed persons
regulatory authorities concerned for actions in authority while in the discharge of lawful
committed directly in the lawful discharge of duties and responsibilities, and shall therefore
professional duties and/or in defense of school be accorded due respect and protection.
policies.
3. The right to establish, join and maintain labor Section 11 and 12 indicates that teachers
organizations and/or professional and self- (including teaching staff & administrators) are
regulating organizations of their choice to considered persons in authority. This is also in
promote their welfare and defend their accordance with Commonwealth Act 578
interests. enacted in June 8, 1940.
4. The right to be free from involuntary
contributions except those imposed by their Teachers as Persons in Authority
own organizations. Commonwealth Act No. 578
June 8, 1940
SECTION 11. Special Rights and/or Privileges of
Teaching or Academic Staff.—Further to the Commonwealth Act No. 578
rights mentioned in the preceding section, An act to amend Article 152 of the Revised
every member of the teaching or academic staff Penal Code, so as to include Teachers,
shall enjoy the following rights and/or Professors, and Persons charged with
privileges: supervision of public or duly recognized
1. The right to be free from compulsory private schools, colleges, and universities,
assignments not related to their duties as within the term “Persons in Authority”.
defined in their appointments or employment
contracts, unless compensated therefor, This Act also provided a penalty of
conformably to existing law. imprisonment and a fine upon any person
2. The right to intellectual property consistent found guilty of assault upon those teaching
with applicable laws. personnel. This means that teachers cannot be
3. Teachers shall be deemed persons in attacked physically when performing their
authority when in the discharge of lawful duties duties. This law protects the teachers from
and responsibilities, and shall, therefore, be being physically harmed by parents and other
accorded due respect and protection. individuals who may have grudges against
4. Teachers shall be accorded the opportunity them.
to choose alternative career lines either in
school administration, in classroom teaching, or Magna Carta for Public School Teachers
others, for purposes of career advancement. Republic Act No. 4670
June 18, 1966
SECTION 12. Special Rights of School
Administrators.—School administrators shall, in Magna Carta for Public School Teachers