Most Frequently Asked Questions Legal Bases Of Education

Transcript

Most Frequently Asked Questions (MFAQ) in Legal Bases of  Education and Their Possible Anser(!" A #i$%li&ed 'atechetic in Legal Bases of Education) Question  This question is in connection with student arrest in in the school premises. the arresting ofcer taking the student under custody is a member o the military establishment properly identied but without warrant o arrest, what would be the responsibility o the school i the student injury is sustained within the campus?  Anser  The school authorities have no liability liability.. The reason is that they could not ght the police or military establishment. n this connection, the !upreme court gives the advice that when one is picked up by the police ofcer, he should not argue with the policeman. "e must argue in court. Question s a parent#s pa rent#s signature permitting permitting his child to join on outing or e$cursion e$cursion or eld trip tantamount to a waiver? !uppose something happens to the students.  Anser t is not a waiver. waiver. % parent just gives the permission to his child to join the outing or e$cursion or eld trip but not the permission to be injured. Questions %ssuming that one can prove that he e$ercised proper diligence, what then is the parameter pa rameter or proper? &hen do we know it is proper p roper not proper? &hat constitutes proper or not proper?who will decide that?  Anser %ccording to the !upreme 'ourt o the (hilippines, you cannot show that the diligence e$ercised e$ercised was proper by calibrated degrees. )ach case will have to depend on the circumstances surroundings the event. t is ound in the *atin quis,quid,quibos,qour,quomodo,quando. &hat is proper diligence is one case may not be so in another circumstances because o the di+erence in the attendant circumstances .There are no hard and ast rules that can possibly be given. Question &ould &ould the school authority a uthority be liable or any accident that happens to its students in the school bus or because o trafc accidents to and rom the school? %-/ . %*/%!  Anser  the school bus belongs to the school, the school is liable.  it belongs to a private company, then the concessionaire is the one that is liable. Question !uppose that in a student evaluation, a teacher is consistently graded in a manner o leading to the conclusion that the teacher is inefcient0 would this be ground or dismissing the teacher1  Anser  the testimony o the students is convincing, and with due process, yes. Question !uppose something happens to the students on the way rom the school to the police precinct, what is the school#s liability?  Anser  The school no liability. /othing. The reason is that the student is now under police custody. Question t is said that most oolishness and conduct unbecoming o a student occur when the teacher dismisses his class too early, let us say, twenty minutes ater the time or teen minutes beore the time, !ince every school head is ater escaping liability, may he issue as an e$ercise o diligence, a regulation that anything that may happen within the period when the teacher is supposed to be in the classroom will be his liability and that the school head has nothing to do with it?  Anser  it was already known to the school authorities that a particular teacher or teachers are in the habit o coming to class late or dismissing classes too early, the school has not done anything about, then the school is still liable. The regulation should be a general rule such as an announcement at the beginning o the school year or during aculty or teachers, meeting and that violation o that rule will be ground or disciplinary action on the teacher. That teacher shall be subject to administrative action. Question !uppose during a class a student leave without the teacher#s permission. Then, he meets an accident outside the school campus.the question is1 s the teacher, and thereore the school liable?  Anser n such a case the age o the student will be the one to be the deciding actor.  the student is a minor the law requires that the school post guards so that the students cannot go out during class hours.  he is o age and he goes out o the school, the school is not liable. The school#s negligence will be or ailure to %-/ . %*/%! post guards or the security o the students who are considered minors. Question how do you di+erentiate tenure rom term o ofce?  Anser  The word tenure reers to the period o time during which the incumbent is in ofce where the word term o ofce reers to the period o time during which the incumbent has the right to be in ofce Question  an educational institution converts itsel into a oundation and any o its employees or teachers reuse to become part o the oundation, would the reusal be tantamount to separation?  Anser n the words o the !upreme 'ourt, transer is not just physical severance but the act o being separated. /ow, i a school employee or teacher reuses to be absorbed by the oundation, he has thereby made his own decision. n the words o the )$istentialist (hilosopher 2ean (aul !artre, a person who makes a decision is the moral one and the one who cannot make a decision is the immoral one. /ow, he has thereby made his own decision. "e has laid o+ himsel. n short, he has dismissed himsel3 Question !uppose a school transer location due to a government order on dispersal, is the reusal o a teacher to join that school that transer location be a ground or separation, and may the 'ommission hold the school accountable?  Anser 4ecause the relocation o the school is mandated by the state, whoever reuses to join the migration and complains to the 'ommission on accounts o his separation would have to convince the /*-' that the school was acting in bad aith. Question why is it difcult to dismiss inefcient aculty members and yet comparatively easy or a aculty member to walk out o his school with very little penalty?  Anser  The question has, o course, serious socio5economic and moral implications. The state has to use its police power to counteract certain pressures in the ree world economy. n a developing country like the (hilippines which has a labor e$cess economy, which means that here we have a situation where the man runs ater the jobs and not the job running ater the man, the guidelines are based on the philosophy that unemployed workers constitutes a social burden to the government and such a %-/ . %*/%! situation should not be recommended to escalate. oreover, the philosophy o egalitarian must be used here where the !tate is guided by the motto1 the greatest good or the greatest number.6 Question  a proessor carries on an a+air with a emale student and the a+air is carried on outside the school, may the proessor be charged with immorality? r i an unmarried teacher should become pregnant is this a case o immorality?  Anser oral standards are supposed to be universal. !uch a situation should not be tolerated whether the school is private or public. Question &hat is our law on tenure?  Anser  The e$plicit mandate o the 789: (hilippine 'onstitution enjoins the !tate to assure the security o tenure o workers in employment. This constitutional provision abolishes the almost absolute right o the employer under the Termination (ay *aw ;-. % 789:< to terminate at any time the services o his employees even without just cause. ;=epartment o *abor !ta+ 'ommittee on labor code< Question what statutory law implements the constitutional provision on tenure?  Anser  The statutory law that implements the constitutional provision on tenure is presidential =ecree >>, as amended, which took e+ect last may 7, 78:>. !pecically its pertinent provision provides that @n cases o employment without a denite period, the employer shall not terminate the services o an employee e$cept or a just cause or when authoriAed by this Title. ;%rticle B8, *abor 'ode< Question &hat is the e+ect o an unjust dismissal o an employee?  Anser "e shall be entitled to reinstatement without loss o seniority right and to his back wages computed rom the time his compensation which was withheld up to the time o his compensation which was withheld up to the time o his actual reinstatement. ;%rticle B8, *abor 'ode< Question &hat do you mean by dismissal or a just cause?  Anser %s a sufcient ground or dismissal, a just cause is a legal cause and not merely a cause, which the appointing power, in the e$ercise o his discretion, deems sufcient. t is the statutory prescription o the cause o termination o employment. %-/ . %*/%! Question &hat e$actly do we mean by probationary period?  Anser Cnder the *abor 'ode, the probationary period is actually the period needed to determine tness or the job. This period, due to lack o a better measurement, is deemed to be the period needed to learn the job. Question &hat is the probationary period or employees covered by the *abor 'ode?  Anser  The general probationary period is actually si$ months.  the job is apprenticeable, the probationary period is the apprenticeship period, which may range rom less than si$ to more than si$ months depending upon the nature o the job. The probationary employment o proessors, instructors, and teachers shall be subject to standards established by the =epartment o )ducation and 'ulture ;(olicy nstruction /o. 77<. "owever, or those working in the =ep)d now, there is no more probationary period. Question what is liability, i any, or to what e$tent will heads o schools be liable or mass demonstration similar to those in Thailand or in 'hina?  Anser ass demonstrations are without sanction o the school activities. Thereore, the schools are not liable. Question !uppose the demonstration is inside the school premises without permission o the school authorities during class hours just like what happen to the Cniversity o !outhern indanao way back in 789D#s, what liabilities do the school ofcials have?  Anser  the activity is in violation o school regulations and the school authorities had tried their best to stop it, the school would not be liable. The school will be held liable i there was implied consent. Question n case o an arrest o student during class hours. &hat is the liability o the school i it reuses to surrender a student?  Anser  This is disobedience to lawul authority. The school is thereore held liable. Question 'an a teacher who has to use orce in a students# ght be held liable i he accidentaly hurts a student in trying to stop the ght? %-/ . %*/%!  Anser /o., because the teacher was acting in the perormance o lawul duty. "owever, the orced employed by the teacher must be commensurate with the danger involved. Question s there direct assault i both o+ender and o+ended are persons in authority?  Anser n a case where a superintendent bo$ed a ellow superintendent because o conEict o jurisdiction, it was ruled that there was no assault. Question s serious vandalism committed by an employee against the property o teachers in the classroom considered as assault o person in authority?  Anser  The o+ense may be termed malicious mischie or destruction o property with evil motive, etc.. Question s a student liable or direct assault upon a person in authority even i the act was committed during recess time and not in actual perormance o the teacher#s duties?  Anser  Fes, as long as it is by reason or no accession o the teacher#s duties. &hen we say on occasion o the reason behind the assault was the perormance o the teacher#s duties. Question  a student#s reusal to obey teacher in public provokes the teacher#s anger who loses his temper and slaps the student or even manhandles him, should the school ofcials side with the teacher or the student?  Anser  That situation is a plain case o the teacher taking the law into her own hands5the teacher becomes the o+ender and the students, his victim. ore importantly, the o+ense is even aggravated by the teacher being a person in authority. Question &hen we reer to students assaulting persons in authority, do we reer only to student currently enrolled or does this include students who have been granted honourable dismissal?  Anser  The law does not mention students only.t includes non5 student,parents, even strangers.  a student was Eunked by a proessor there is direct assault on a person in authority Question n most barrios it is difcult to divorce the social unctions o a teacher rom the academic.  a teacher attends a school social %-/ . %*/%! unction and in reusing to dance with a man she gets slapped direct assault on a person in authority?  Anser t depends on the reason why the teacher was slapped. Question  The teacher reused to dance with him because he smells liquor.  Anser  The teacher#s reusal to dance has nothing to do with the perormance o a teacher#s duty but or a private reason.  a teacher is in the perormance o duty, no matter i the reason or the assault has nothing to do with teacher ;such as when a teacher is e$plaining a lesson and a creditor comes and slaps her in ront o the students