THE

CODE OF ETHICS
FOR PROFESSIONAL TEACHERS

1
DEPARTMENT OF EDUCATION REGION III
SCENARIO

Mrs. Juana Dela Cruz, a teacher in one public secondary school in Pampanga, is an
active Facebook user.

She constantly posts about her private and professional life (e.g. love life, work load,
issues with co-teachers in the school).

She posted on her Facebook account: “Ang hirap when your boss obviously has
favorites. Kahit ano pa ang gawin mong maganda, hindi mapapansin. Mabuti pa
‘yung isa diyan kabago-bago star agad sa school.”

Ms. Maria Rivera, the newly-hired teacher in the school felt she was the subject of the
post. She goes to the Principal’s office to consult about the procedure of filing a formal
complaint against Mrs. Dela Cruz.

2
DEPARTMENT OF EDUCATION REGION III
SCENARIO

Mr. Juan Dela Cruz, a teacher of one public elementary school in Bulacan, is a
married man. His co-teacher, Mrs. Bea Gonzales, is likewise married.

One day, after class hours and before leaving the school, Mrs. Theresa Mendoza,
chanced upon the two in the faculty room, sharing a passionate kiss.

Prior to the incident, there has been some rumors going on in the school that the
two are having an affair.

Nine months later, Mrs. Mendoza gave birth to a child whom she admitted as
the child of Mr. Dela Cruz.

3
DEPARTMENT OF EDUCATION REGION III
SCENARIO

Ms. Edwina Macapagal is a teacher of one public secondary school in Aurora. Mr. Nikko
Cunanan, also a teacher in another public school, is her live in partner.

After three years of cohabitation, Ms. Macapagal got pregnant out of wedlock and
eventually gave birth to a baby girl. Mr. Cunanan is the father of the child.

Upon receiving the information, Mr. Arnel Del Rosario, Ms. Macapagal’s school head,
immediately called the latter to his Office and started preaching about the immorality of
her actions and how this could affect the image of the school.

The Principal threatened Ms. Macapagal that if she will not resign from the service,
he will be constrained to file an administrative case for Disgraceful and Immoral
Conduct against her.

4
DEPARTMENT OF EDUCATION REGION III
INTRODUCTION

WHAT IS YOUR ROLE AS A TEACHER?

The role of a teacher is to EDUCATE.

This calls for awareness and commitment to the moral and ethical
dimensions of teaching embodied in the
CODE OF ETHICS FOR PROFESSIONAL TEACHERS.

5
DEPARTMENT OF EDUCATION REGION III
ETHICS VS. MORALS

ETHICS refers to a system of principles of conduct that guide the behavior

of a person. It is concerned with individual character like being a “good
person”. It is concerned with the character of an entire society, culture or
profession.

MORALS are values related to a system of beliefs - religious system,

business or political system.

6
DEPARTMENT OF EDUCATION REGION III
ETHICS VS. MORALS
ETHICS MORALS

Guiding principles of conduct of an Principles on which one’s judgments

individual/group of right and wrong are based

Influenced by profession, field, Influenced by society, culture and

organization, etc. religion
Related to professional work Not related to professional work

Uniform compared to morals Vary according to different cultures

and religions

7
DEPARTMENT OF EDUCATION REGION III
BACKGROUND

Republic Act No. 7836 – Philippine Teachers Professionalization Act of 1994

Presidential Decree No. 223 – Creating the Professional Regulation Commission and
Prescribing its Powers and Functions

PRC and Board for Professional Teachers

Empowered to “adopt such measures as may be deemed proper for the enhancement of
the profession or occupation and/or the maintenance of high professional, ethical and
technical standards…” xxx

8
DEPARTMENT OF EDUCATION REGION III
PREAMBLE

Teachers are duly licensed professionals who possess dignity and reputation with high
moral values as well as technical and professional competence in the practice of their
noble profession. They strictly adhere to observe, and practice this set of ethical and
moral principles, standards, and values.

9
DEPARTMENT OF EDUCATION REGION III
ARTICLE I – SCOPE AND LIMITATIONS

Section 2. This Code covers all public and private school teachers in all educational
institutions at the preschool, primary, elementary and secondary levels whether
academic, vocational, special, technical, or non-formal.

The term “teacher” shall include industrial arts or vocational teachers and all other
persons performing supervisory and/or administrative functions in all school at the
aforesaid levels, whether on full time or part-time basis.

10
DEPARTMENT OF EDUCATION REGION III
ARTICLE II – THE TEACHER AND THE STATE

Section 3. In the interest of the State and of the Filipino people as much as of his own,
every teacher shall be physically, mentally and morally fit.

11
DEPARTMENT OF EDUCATION REGION III
ARTICLE II – THE TEACHER AND THE STATE

Section 5. A teacher shall not engage in the promotion of any political, religious, or
other partisan interest, and shall not directly or indirectly, solicit, require, collect, or
receive any money or service or other valuable material from any person or entity for
such purposes.

12
DEPARTMENT OF EDUCATION REGION III
 ARTICLE II – THE TEACHER AND THE STATE

Prohibition on Electioneering and Partisan Political Activity

DepEd Order No. 048, series of 2018

• 1987 Philippine Constitution [Section 2(4), Article IX (B)]

(4) No officer or employee in the civil service shall engage, directly or indirectly, in any
electioneering or partisan political campaign.

13
DEPARTMENT OF EDUCATION REGION III
 ARTICLE II – THE TEACHER AND THE STATE

• Administrative Code of 1987 [Section 46, Chapter 7, Title I, Book V, Executive

Order No. 292]

SECTION 46. 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 actions: xxxx

(26) Engaging directly or indirectly in partisan political activities by one holding a

non-political office; xxxx

14
DEPARTMENT OF EDUCATION REGION III
 ARTICLE II – THE TEACHER AND THE STATE

• Revised Rules of Procedure of the Department of Education

in Administrative Cases [DepEd Order No. 49, series of 2006]

Section 2. Grounds for Disciplinary Action. – An administrative complaint may be

filed for any of the following grounds for disciplinary action: xxxx

z. Engaging directly or indirectly in partisan political activities by one holding a

non-political office.

15
DEPARTMENT OF EDUCATION REGION III
ARTICLE II – THE TEACHER AND THE STATE

DepEd officials and employees are prohibited from engaging in partisan

political activities

16
DEPARTMENT OF EDUCATION REGION III
 ARTICLE II – THE TEACHER AND THE STATE

Section 79, Article X, Omnibus Election Code

(b) The term "election campaign" or "partisan political activity" refers to an act designed to
promote the election or defeat of a particular candidate or candidates to a public office which shall
include:

(1) Forming organizations, associations, clubs, committees or other groups of persons for the purpose
of soliciting votes and/or undertaking any campaign for or against a candidate;
(2) Holding political caucuses, conferences, meetings, rallies, parades, or other similar assemblies, for
the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a
candidate; xxxx

17
DEPARTMENT OF EDUCATION REGION III
 ARTICLE II – THE TEACHER AND THE STATE

Section 79, Article X, Omnibus Election Code

Xxxx

(3) Making speeches, announcements or commentaries, or holding interviews for or against the
election of any candidate for public office;
(4) Publishing or distributing campaign literature or materials designed to support or oppose the
election of any candidate; or
(5) Directly or indirectly soliciting votes, pledges or support for or against a candidate.

18
DEPARTMENT OF EDUCATION REGION III
 ARTICLE II – THE TEACHER AND THE STATE
CSC Memorandum Circular No. 09, series of 1992

Election campaigns and partisan political activities include:

a) Wearing of t-shirts or pins, caps or any other similar election paraphernalia xxxx except as
authorized by the Commission on Elections;
b) Being a watcher for a political party or candidate during the election;
c) Consistent presence in political rallies, caucuses of, and continuous companionship with certain
political candidates and/or political party in said political activities, causing the employees to be
closely identified with such candidate and/or with political party;
d) Giving personal, financial or other monetary contribution, supplies, equipment and materials for
the benefit of a candidate and/or political party;
e) Utilizing government resources such as personnel including job orders or contract of service
hires, time and properties for political purposes.

19
DEPARTMENT OF EDUCATION REGION III
 ARTICLE II – THE TEACHER AND THE STATE
EXCLUDED ACTIVITIES

The following acts are deemed excluded from the coverage of electioneering and partisan political
activity:

a) Casting one’s vote;

b) Expressing one’s views on current political problems or issues;
c) Mentioning the names of candidates or parties whom one supports;
d) Public expressions, opinions, or discussions of probable issues in a forthcoming election, or on
attributes of or criticisms against probable candidates to be nominated in a forthcoming political
party convention;
e) Social media functions such as “liking,” commenting, “sharing,” re-posting, or following a
candidate’s or party’s account, unless these are resorted as a means to solicit support for or against
a candidate or party during the campaign period.

20
DEPARTMENT OF EDUCATION REGION III
ARTICLE II – THE TEACHER AND THE STATE

Section 7. A teacher shall not use his position or facial authority or

influence to coerce any other person to follow any political course of
action.

21
DEPARTMENT OF EDUCATION REGION III
ARTICLE III – THE TEACHER AND THE
COMMUNITY

Section 7. Every teacher shall maintain harmonious and pleasant

personal and official relations with other professionals, with
government officials, and with the people, individually or collectively.

22
DEPARTMENT OF EDUCATION REGION III
ARTICLE III – THE TEACHER AND THE
COMMUNITY

Section 3. Every teacher shall merit reasonable social recognition for

which purpose he shall behave with honor and dignity at all times and
refrain for such activities as gambling, smoking, drunkenness, and other
excesses, much less illicit relations.

23
DEPARTMENT OF EDUCATION REGION III
ARTICLE III – THE TEACHER AND THE
COMMUNITY

A teacher must behave with honor and dignity at all times.

24
DEPARTMENT OF EDUCATION REGION III
 ARTICLE III – THE TEACHER AND THE
COMMUNITY

Conchita G. Villanos vs. Commissioner of Civil Service

(G.R. No. L-23169, May 31, 1972)
Mrs. Villanos – Public School Teacher in Vigan, Ilocos Sur

April 1, 1957 – She wrote a letter to her co-teachers Esperanza Sebastian & Anacleta Faypon
containing libelous remarks

CFI of Ilocos Sur & Court of Appeals – found Villanos GUILTY of LIBEL

SC – DISMISSED the Libel case for lack of merit

25
DEPARTMENT OF EDUCATION REGION III
 ARTICLE III – THE TEACHER AND THE
COMMUNITY

Conchita G. Villanos vs. Commissioner of Civil Service

(G.R. No. L-23169, May 31, 1972)
April 11, 1957 – Sebastian & Faypon filed an administrative charge against Villanos before
Division Superintendent of Schools

 Gross discourtesy to co-teachers

 Notoriously disgraceful and immoral language or conduct

26
DEPARTMENT OF EDUCATION REGION III
 ARTICLE III – THE TEACHER AND THE
COMMUNITY

Conchita G. Villanos vs. Commissioner of Civil Service

(G.R. No. L-23169, May 31, 1972)
Villanos was DISMISSED from government service.

Supreme Court ruling:

“We may add the observation that the alleged fault of petitioner-appellee had no direct
relation to her work. Besides, the alleged libel charge was contained in communications
which were not public and could not, therefore, have been in any manner dangerous to the
impressionable minds of the young students of the school where she was teaching, contrary
to the contention of respondent-appellant. On the other hand, her impressive credentials and
record of service, its length and highly rated efficiency are worthy of utmost consideration.”

27
DEPARTMENT OF EDUCATION REGION III
ARTICLE III – THE TEACHER AND THE
COMMUNITY
Digna Ramos vs. People of the Philippines
(G.R. No. 226454, November 20, 2017)

Digna Ramos – a public school teacher

Patrocinia Dumaua – private complainant

Dumaua was watering her plants in her yard, when suddenly, she noticed five (5) school
children pick up dried leaves and throw them into her yard.

When Dumaua called the attention of the schoolchildren, they ran towards the direction of
Sto. Niño Elementary School, where Ramos works as a public school teacher.

28
DEPARTMENT OF EDUCATION REGION III
ARTICLE III – THE TEACHER AND THE
COMMUNITY
Digna Ramos vs. People of the Philippines
(G.R. No. 226454, November 20, 2017)

Ramos arrived, picked up dried banana leaves, and allegedly threw them into Dumaua's
yard, while saying "ta sinnu ti pabasulem nga agilappak ti bulung, siguro dakayo ta
nagpabirthday kayo" which means "Whom do you blame throwing leaves? Maybe you did
because you hosted a birthday party."

29
DEPARTMENT OF EDUCATION REGION III
ARTICLE III – THE TEACHER AND THE
COMMUNITY
Digna Ramos vs. People of the Philippines
(G.R. No. 226454, November 20, 2017)

During their fight, Ramos shouted at Dumaua:

"Ukininam, puta, awan ad-adalmo, nagbalay kayo ti nagdakkelan, magaburan daytoy balay
kon" which translates to "Vulva of your mother, prostitute, illiterate, you built a very big
house, it overshadows my house."

30
DEPARTMENT OF EDUCATION REGION III
ARTICLE III – THE TEACHER AND THE
COMMUNITY
Digna Ramos vs. People of the Philippines
(G.R. No. 226454, November 20, 2017)

During their fight, Ramos shouted at Dumaua:

"Ukininam, puta, awan ad-adalmo, nagbalay kayo ti nagdakkelan, magaburan daytoy balay
kon" which translates to "Vulva of your mother, prostitute, illiterate, you built a very big
house, it overshadows my house.”

MCTC/RTC/CA – found Ramos GUILTY of Grave Oral Defamation

Ramos appealed to the Supreme Court

31
DEPARTMENT OF EDUCATION REGION III
ARTICLE III – THE TEACHER AND THE
COMMUNITY
Digna Ramos vs. People of the Philippines
(G.R. No. 226454, November 20, 2017)

Supreme Court found the appeal partly meritorious.

“A judicious review of the records of this case reveals that Ramos indeed uttered defamatory
words. However, no evidence was presented to show that Ramos indeed started the
altercation by instructing her schoolchildren to throw leaves into Dumaua's yard, and
eventually, throwing dried banana leaves therein as well.”

32
DEPARTMENT OF EDUCATION REGION III
ARTICLE III – THE TEACHER AND THE
COMMUNITY
Digna Ramos vs. People of the Philippines
(G.R. No. 226454, November 20, 2017)

The Supreme Court found Ramos guilty of Slight Oral Defamation only.

It is clear from this case that only criminal and civil liabilities were decided by the Supreme
Court. This is without prejudice to any administrative case which may be instituted against
the teacher, Mrs. Ramos.

33
DEPARTMENT OF EDUCATION REGION III
ARTICLE III – THE TEACHER AND THE
COMMUNITY

A teacher must refrain from such activities as gambling,

smoking, drunkenness, and other excesses.

34
DEPARTMENT OF EDUCATION REGION III
ARTICLE III – THE TEACHER AND THE
COMMUNITY

A teacher must refrain from

engaging in illicit relations.

35
DEPARTMENT OF EDUCATION REGION III
ARTICLE III – THE TEACHER AND THE
COMMUNITY
Rene Ventenilla Puse vs. Ligaya Delos Santos-Puse
(G.R. No. 183678, March 15, 2010)

Rene Puse – registered Professional Teacher in Camarines Norte

Ligaya Delos Santos-Puse - Barangay Rural Health Midwife

January 1992 - Rene married Ligaya.

They had two (2) children and had a church wedding before respondent found out that
petitioner was already married to a certain Cristina Pablo Puse in Ilocos Norte on December
1986. Respondent likewise learned that he has two (2) children with his first wife.

36
DEPARTMENT OF EDUCATION REGION III
ARTICLE III – THE TEACHER AND THE
COMMUNITY
Rene Ventenilla Puse vs. Ligaya Delos Santos-Puse
(G.R. No. 183678, March 15, 2010)

2005 - Ligaya filed a complaint with the PRC National Capital Region, seeking assistance
regarding her husband against whom she had filed a criminal case for "Bigamy" and
"Abandonment."

She alleged that her husband has not been giving her and their children support.

2007 – PRC Board found Rene administratively liable of the charges and revoked his license
as a Professional Teacher

37
DEPARTMENT OF EDUCATION REGION III
ARTICLE III – THE TEACHER AND THE
COMMUNITY
Rene Ventenilla Puse vs. Ligaya Delos Santos-Puse
(G.R. No. 183678, March 15, 2010)

PRC/CA – affirmed the ruling revoking his license as a professional teacher.

Rene brought his case to the Supreme Court.

Rene’s defense:

Petitioner claims good faith and maintains that he married respondent with the erroneous
belief that his first wife was already deceased.

He insists that such act of entering into the second marriage did not qualify as an immoral
act, and asserts that he committed the act even before he became a teacher.
38
DEPARTMENT OF EDUCATION REGION III
ARTICLE III – THE TEACHER AND THE
COMMUNITY
Rene Ventenilla Puse vs. Ligaya Delos Santos-Puse
(G.R. No. 183678, March 15, 2010)

Supreme Court found Rene GUILTY of immoral and dishonorable conduct.

“In the practice of his profession, he, as a licensed professional teacher, is required to strictly
adhere to, observe and practice the set of ethical and moral principles, standards and values
laid down in the aforesaid code. It is of no moment that he was not yet a teacher when he
contracted his second marriage. His good moral character is a continuing requirement
which he must possess if he wants to continue practicing his noble profession. In the
instant case, he failed to abide by the tenets of morality.”

39
DEPARTMENT OF EDUCATION REGION III
ARTICLE III – THE TEACHER AND THE
COMMUNITY
Rene Ventenilla Puse vs. Ligaya Delos Santos-Puse
(G.R. No. 183678, March 15, 2010)

Rene’s failure of securing a court order declaring his first wife presumptively dead, made his
marriage to respondent clearly unlawful and immoral.

Good moral character is a continuing requirement in the practice of profession as a

teacher. (It is immaterial that the act complained of happened when he was not yet a teacher)

SC ALSO SAID: Teachers must abide by a standard of personal conduct which not only
proscribes the commission of immoral acts, but also prohibits behavior creating a suspicion
of immorality because of the harmful impression it might have on the students.

40
DEPARTMENT OF EDUCATION REGION III
ARTICLE III – THE TEACHER AND THE
COMMUNITY
Jose S. Santos, Jr. vs. NLRC & Hagonoy Institute, Inc.
(G.R. No. 115795, March 6, 1998)

Jose Santos - a married man; a teacher of Hagonoy Institute, Inc.

Arlene T. Martin - also married; a teacher in the same school. In the course of their
employment, the couple fell in love.

Hagonoy Institute - advised Mrs. Martin to take a leave of absence which she ignored, as
she continued to report for work despite the issues and rumors.

On November 1990 - she was barred from reporting to work and was not allowed to enter
the private respondent's premises, effectively dismissing her from her employment. Jose
remained as an employee.

41
DEPARTMENT OF EDUCATION REGION III
ARTICLE III – THE TEACHER AND THE
COMMUNITY
Jose S. Santos, Jr. vs. NLRC & Hagonoy Institute, Inc.
(G.R. No. 115795, March 6, 1998)

LA – dismissed Martin’s complaint for illegal dismissal

NLRC – reversed LA ruling – found that Martin was illegally dismissed

Hagonoy Institute investigation found Mrs. Martin guilty of immoral conduct.

Jose was charged administratively. He was later on dismissed from the service.

42
DEPARTMENT OF EDUCATION REGION III
ARTICLE III – THE TEACHER AND THE
COMMUNITY
Jose S. Santos, Jr. vs. NLRC & Hagonoy Institute, Inc.
(G.R. No. 115795, March 6, 1998)

Supreme Court ruled: YES – Illegally dismissed for lack of due process. But still, they are
guilty of IMMORALITY.

SC RULING:

“Having an extra-marital affair is an affront to the sanctity of marriage, which is a basic

institution of society.”

The illicit relationship between the petitioner and Mrs. Martin could be considered immoral
as to constitute just cause to terminate an employee under Article 282 of the Labor Code.
(Serious Misconduct)
43
DEPARTMENT OF EDUCATION REGION III
ARTICLE III – THE TEACHER AND THE
COMMUNITY
Jose S. Santos, Jr. vs. NLRC & Hagonoy Institute, Inc.
(G.R. No. 115795, March 6, 1998)
The Supreme Court also ruled:

“Accordingly, teachers must abide by a standard of personal conduct which not only
proscribes the commission of immoral acts, but also prohibits behavior creating a suspicion
of immorality because of the harmful impression it might have on the students.”

As a teacher, petitioner serves as an example to his pupils, especially during their

formative years and stands in loco parentis to them.

To stress their importance in our society, teachers are given substitute and special parental
authority under our laws.

44
DEPARTMENT OF EDUCATION REGION III
ARTICLE III – THE TEACHER AND THE
COMMUNITY
Cheryll Santos Leus vs. St. Scholastica’s College Westgrove, et al.
(G.R. No. 187226, January 28, 2015)
Cheryll Santos Leus (petitioner) was hired by St. Scholastica's College Westgrove
(SSCW), a Catholic educational institution, as a non-teaching personnel.

Sometime in 2003, the petitioner and her boyfriend conceived a child out of wedlock.

When SSCW learned of the petitioner’s pregnancy, the School Directress advised her to file a
resignation letter. Leus resisted.

LA/NLRC/CA – affirmed the Dismissal by SSCW.

45
DEPARTMENT OF EDUCATION REGION III
ARTICLE III – THE TEACHER AND THE
COMMUNITY
Cheryll Santos Leus vs. St. Scholastica’s College Westgrove, et al.
(G.R. No. 187226, January 28, 2015)
Supreme Court ruled that SSCW is GUILTY of Illegal Dismissal:

That the petitioner was employed by a Catholic educational institution per se does not
absolutely determine whether her pregnancy out of wedlock is disgraceful or immoral.

There is still a necessity to determine whether the petitioner’s pregnancy out of wedlock is
considered disgraceful or immoral in accordance with the prevailing norms of conduct.

46
DEPARTMENT OF EDUCATION REGION III
ARTICLE III – THE TEACHER AND THE
COMMUNITY
Cheryll Santos Leus vs. St. Scholastica’s College Westgrove, et al.
(G.R. No. 187226, January 28, 2015)
Admittedly, the petitioner is employed in an educational institution where the teachings and
doctrines of the Catholic Church, including that on pre-marital sexual relations, is strictly
upheld and taught to the students.

That her indiscretion, which resulted in her pregnancy out of wedlock, is anathema to the
doctrines of the Catholic Church. However, viewed against the prevailing norms of conduct,
the petitioner’s conduct cannot be considered as disgraceful or immoral; such conduct is not
denounced by public and secular morality. It may be an unusual arrangement, but it
certainly is not disgraceful or immoral within the contemplation of the law.

47
DEPARTMENT OF EDUCATION REGION III
ARTICLE III – THE TEACHER AND THE
COMMUNITY
Cheryll Santos Leus vs. St. Scholastica’s College Westgrove, et al.
(G.R. No. 187226, January 28, 2015)

To stress, pre-marital sexual relations between two consenting adults who have no
impediment to marry each other, and, consequently, conceiving a child out of wedlock,
gauged from a purely public and secular view of morality, does not amount to a disgraceful
or immoral conduct.

48
DEPARTMENT OF EDUCATION REGION III
ARTICLE V – THE TEACHERS AND THE
PROFESSION

Section 5. It shall be the responsibility of every teacher to seek correctives for what
may appear to be an unprofessional and unethical conduct of any associates.
However, this may be done only if there is incontrovertible evidence for such
conduct.

49
DEPARTMENT OF EDUCATION REGION III
ARTICLE V – THE TEACHERS AND THE
PROFESSION

Section 6. A teacher may submit to the proper authorities any justifiable criticism
against an associate, preferably in writing, without violating the right of the
individual concerned.

50
DEPARTMENT OF EDUCATION REGION III
ARTICLE V – THE TEACHERS AND THE
PROFESSION

Section 2. A teacher shall not make any false accusations or charges against
superiors, especially under anonymity.

However, if there are valid charges, he should present such under oath to
competent authority.

51
DEPARTMENT OF EDUCATION REGION III
ARTICLE VI – THE TEACHER AND HIGHER
AUTHORITIES IN THE PROFESSIONS

The Revised Rules of Procedure of the Department of Education in

Administrative Cases
(DepEd Order No. 49, series of 2006)

Section 4. Form of Complaint - A complaint shall be under oath and shall be

written in a clear, simple, and concise language so as to inform the person
complained of, about the nature and cause of accusation against him to enable him to
intelligently prepare his defense or answer.

52
DEPARTMENT OF EDUCATION REGION III
ARTICLE VI – THE TEACHER AND HIGHER
AUTHORITIES IN THE PROFESSIONS

The Revised Rules of Procedure of the Department of Education in

Administrative Cases
(DepEd Order No. 49, series of 2006)

Section 5. Content of Complaint - A complaint shall contain the following:

a. Full name and address of the complainant
b. Full name and address of the person complained as well as his position and office in the
Department of Education
c. A narration of the relevant and material facts which should show the acts or omissions as
allegedly committed by the person
d. Certified true copies of documentary evidence and affidavits of his witnesses if any; and
e. Certification or statement on non-forum shopping

53
DEPARTMENT OF EDUCATION REGION III
ARTICLE VI – THE TEACHER AND HIGHER
AUTHORITIES IN THE PROFESSIONS

Who is a COMPETENT AUTHORITY under DO 49, s. 2006?

DISCIPLINING AUTHORITIES

REGIONAL
SECRETARY SUPERINTENDENT
DIRECTOR

Non-teaching personnel in
the Central Office and Teaching personnel in the
Presidential appointees region; Non-teaching staff Non-teaching staff in the
(USEC, ASEC, RD, ARD, in the Regional Office Division Office
SDS, ASDS)

54
DEPARTMENT OF EDUCATION REGION III
ARTICLE VIII – THE TEACHERS AND LEARNERS

Section 4. A teacher shall not accept favors or gifts from learners, their parents or
others in their behalf in exchange for requested concessions, especially if
undeserved.

55
DEPARTMENT OF EDUCATION REGION III
ARTICLE VIII – THE TEACHERS AND LEARNERS
Code of Conduct and Ethical Standards for Public Officials and Employees
Republic Act No. 6713, February 20, 1989

Section 3 (c) - "Gift" xxxx shall not include an unsolicited gift of nominal or
insignificant value not given in anticipation of, or in exchange for, a favor from a
public official or employee.

(d) "Receiving any gift" xxxx act of accepting directly or indirectly, a gift from a
person other than a member of his family or relative xxxx even on the occasion of a
family celebration or national festivity like Christmas, if the value of the gift is
neither nominal nor insignificant, or the gift is given in anticipation of, or in
exchange for, a favor.

56
DEPARTMENT OF EDUCATION REGION III
ARTICLE VIII – THE TEACHERS AND LEARNERS

Section 7. In a situation where mutual attraction and subsequent love develop

between teacher and learner, the teacher shall exercise utmost professional
discretion to avoid scandal, gossip and preferential treatment of the learner.

57
DEPARTMENT OF EDUCATION REGION III
ARTICLE VIII – THE TEACHERS AND LEARNERS
Evelyn Chua-Qua vs. Hon. Jacobo C. Clave
(G.R. No. 49549, August 30, 1990)

Evelyn Chua-Qua – a teacher in Tay Tung High School, Inc. in Bacolod City. In her
advisory class, one of her students was Bobby Qua.

Bobby Qua was imparted remedial instructions in school by petitioner.

The couple fell in love and on December 24, 1975, they got married in a civil
ceremony. Petitioner was then thirty (30) years of age but Bobby Qua being sixteen
(16) years old, consent and advice to the marriage was given by his mother, Mrs.
Concepcion Ong.

58
DEPARTMENT OF EDUCATION REGION III
ARTICLE VIII – THE TEACHERS AND LEARNERS
Evelyn Chua-Qua vs. Hon. Jacobo C. Clave
(G.R. No. 49549, August 30, 1990)

Chua-Qua was dismissed by the school.

Supreme Court ruling:

“To constitute immorality, the circumstances of each particular case must be

holistically considered and evaluated in the light of prevailing norms of conduct and
the applicable law.”

59
DEPARTMENT OF EDUCATION REGION III
ARTICLE VIII – THE TEACHERS AND LEARNERS
Evelyn Chua-Qua vs. Hon. Jacobo C. Clave
(G.R. No. 49549, August 30, 1990)

Supreme Court ruling:

“With the finding that there is no substantial evidence of the imputed immoral
acts, it follows that the alleged violation of the Code of Ethics governing school
teachers would have no basis. Private respondent utterly failed to show that petitioner
took advantage of her position to court her student.”

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DEPARTMENT OF EDUCATION REGION III
ARTICLE VIII – THE TEACHERS AND LEARNERS
Evelyn Chua-Qua vs. Hon. Jacobo C. Clave
(G.R. No. 49549, August 30, 1990)

Supreme Court ruling:

“If the two eventually fell in love, despite the disparity in their ages and academic
levels, this only lends substance to the truism that
the heart has reasons of its own which reason does not know.”

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DEPARTMENT OF EDUCATION REGION III
ARTICLE VIII – THE TEACHERS AND LEARNERS

Section 8. A teacher shall not inflict corporal punishment on offending

learners nor make deductions from their scholastic ratings as a punishment for
acts which are clearly not manifestation of poor scholarship.

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DEPARTMENT OF EDUCATION REGION III
ARTICLE VIII – THE TEACHERS AND LEARNERS

DepEd Child Protection Policy

DepEd Order No. 40, series of 2012

DepEd reiterates a ZERO TOLERANCE POLICY for any act of child abuse,
exploitation, violence, discrimination, bullying and other forms of abuse.

Positive and non-violent discipline of children

Holistic, constructive and pro-active approach

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DEPARTMENT OF EDUCATION REGION III
ARTICLE X – THE TEACHER AND BUSINESS

Section 1. A teacher has the right to engage, directly or indirectly, in

legitimate income generation: provided that it does not relate to or adversely
affect his work as a teacher.

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DEPARTMENT OF EDUCATION REGION III
ARTICLE X – THE TEACHER AND BUSINESS

Section 2. A teacher shall maintain a good reputation with respect to the

financial matters such as in the settlement of his debts and loans in arranging
satisfactorily his private financial affairs.

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DEPARTMENT OF EDUCATION REGION III
ARTICLE XI – THE TEACHER AS A PERSON

Section 3. A teacher shall maintain at all times a dignified personality which

could serve as a model worthy of emulation by learners, peers and all others.

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DEPARTMENT OF EDUCATION REGION III
ARTICLE XI – THE TEACHER AS A PERSON

Rizaldo L. Orsos vs. People of the Philippines

(G.R. No. 214673, November 20, 2017)

Minor victim (AAA) - 14 years old; 3rd year high school student at Dumalag
Central National High School (DCNHS) in Dumalag, Capiz

Rizaldo Orsos - teacher in DCNHS and Citizen's Army Training (CAT)

Commandant. AAA was one of his students.

Petitioner then instructed AAA to go to his house for her supposed initiation.

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DEPARTMENT OF EDUCATION REGION III
ARTICLE XI – THE TEACHER AS A PERSON

Rizaldo L. Orsos vs. People of the Philippines

(G.R. No. 214673, November 20, 2017)

July 2008 - several female CAT officers revealed that petitioner had molested them;
they filed cases against him in court.

Prompted by her mother's inquiry if Orsos had also molested her, AAA finally
disclosed the details of the incident to her.

Complaint was filed against Orsos - Acts of Lasciviousness

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DEPARTMENT OF EDUCATION REGION III
ARTICLE XI – THE TEACHER AS A PERSON

Rizaldo L. Orsos vs. People of the Philippines

(G.R. No. 214673, November 20, 2017)

Supreme Court found Orsos GUILTY of Acts of Lasciviousness:

“Petitioner exercised influence upon AAA in order to commit the crime against her,
thereby satisfying the element of force and intimidation in this case. Besides,
although petitioner was not armed nor did he threaten AAA, his moral ascendancy
over her is a sufficient substitute for the use of force or intimidation, as pointed out
by the CA.”

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DEPARTMENT OF EDUCATION REGION III
ARTICLE XI – THE TEACHER AS A PERSON

Rizaldo L. Orsos vs. People of the Philippines

(G.R. No. 214673, November 20, 2017)

Supreme Court found Orsos GUILTY of Acts of Lasciviousness:

“Petitioner exercised influence upon AAA in order to commit the crime against her,
thereby satisfying the element of force and intimidation in this case. Besides,
although petitioner was not armed nor did he threaten AAA, his moral ascendancy
over her is a sufficient substitute for the use of force or intimidation, as pointed out
by the CA.”

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DEPARTMENT OF EDUCATION REGION III
ARTICLE XI – THE TEACHER AS A PERSON

Geronimo Ordinario vs. People of the Philippines

(G.R. No. 155415 , May 20, 2004)

Jayson Ramos – student at Nicanor Garcia Elementary School

Geronimo Ordinario – Teacher in the same school
Jayson was then a Grade 4 student and accused-appellant was his teacher in Boy
Scout.

Ordinario summoned Jayson to his office after class hours

He ordered him to strip off to which the latter complied.

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DEPARTMENT OF EDUCATION REGION III
ARTICLE XI – THE TEACHER AS A PERSON

Geronimo Ordinario vs. People of the Philippines

(G.R. No. 155415 , May 20, 2004)

Bare to the skin, Ordinario approached Jayson and started kissing him all over his
body including his male organ.

Thereafter, he inserted his private part into the mouth of Jayson but the latter could
not hold on for long as he felt vomiting prompting Ordinario to remove his organ and
order Jayson to dress up.

Ordinario told Jayson: “pag nagsumbong ka sa mga magulang mo, may masamang
mangyayari sa iyo.”

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DEPARTMENT OF EDUCATION REGION III
ARTICLE XI – THE TEACHER AS A PERSON

Geronimo Ordinario vs. People of the Philippines

(G.R. No. 155415 , May 20, 2004)

The incident was repeated several times: 1) November 26, 1998, 2) four instances for
the month of December 1998, 3) four in the month of January, 1999, 4) and two more
in February 1999.

February 15, 1999 – Jayson disclosed the abuse to his parents.

Ordinario denied the accusations by interposing alibis.

RTC/CA – Found Ordinario guilty

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DEPARTMENT OF EDUCATION REGION III
ARTICLE XI – THE TEACHER AS A PERSON

Geronimo Ordinario vs. People of the Philippines

(G.R. No. 155415 , May 20, 2004)

The incident was repeated several times: 1) November 26, 1998, 2) four instances for
the month of December 1998, 3) four in the month of January, 1999, 4) and two more
in February 1999.

February 15, 1999 – Jayson disclosed the abuse to his parents.

Ordinario denied the accusations by interposing alibis.

RTC/CA – Found Ordinario guilty

SC – Found him guilty of rape by sexual assault
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DEPARTMENT OF EDUCATION REGION III
ARTICLE XII – DISCIPLINARY ACTIONS

Section 1. Any violation of any provisions of this code shall be sufficient

ground for the imposition against the erring teacher of the disciplinary action
consisting of revocation of his Certification of Registration and License as a
Professional Teacher, suspension from the practice of teaching profession,
reprimand or cancellation of his temporary/special permit under causes
specified in Sec. 23. Article HI or R.A. No. 7836 and under Rule 31. Article
VIII. of the Rules and Regulations Implementing R.A. 7836.

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DEPARTMENT OF EDUCATION REGION III
END OF DISCUSSION

DEPARTMENT OF EDUCATION REGION III