CONSTRAINST OF PROBLEMS ENCOUNTERED BY

PUBLIC SCHOOL TEACHERS: A CASE STUDY

Authored by: Stephanie A. Ballaho
Duration of Study: August 2, 2010-May 22, 2017

Abstract

This case study used the qualitative type of research and

utilized the participatory action research design in capturing

the data needed to identify the constraint of problems

encountered by the public school teachers.

This study increased the level of awareness among the

teachers and administrative body about procedural laws of the

constitutional commission.

Introduction

Teacher immorality occurs when educators fail to uphold

their role as a model individual and citizen to students and

violate the morals of a community (Alexander & Alexander, 2012).

The teacher is what makes the school. The teachers must

have moral values and professional knowledge to be able to

actualize their daily routines in school. According to Punke

(2017) the moral code of teachers is more rigid than for people

in many vocations. This seems largely because parents look upon

teachers as models for imitation by children, and because many

parents hope their children will live on a higher moral plane

than the parents do.

 The teachers cannot do their official functions and duties

if they do not have a reciprocal relationship with the

administrative body, colleagues, pupils and the community

stakeholders.

Republic Act No. 6713 otherwise known as the "Code of

Conduct and Ethical Standards for Public Officials and

Employees." As stated in Section 2 that it is the policy of the

State to promote a high standard of ethics in public service.

Public officials and employees shall at all times be accountable

to the people and shall discharge their duties with utmost

responsibility, integrity, competence, and loyalty, act with

patriotism and justice, lead modest lives, and uphold public

interest over personal interest. It is further stated in the

Civil Service Commission Memorandum Circular No. 15, series of

2010 which penalizes disgraceful and immoral conduct of

government employees.

In the case of Rene Puse v. Ligaya Puse GR No. 183678,

March 15, 2010. Ligaya filed a letter-complaint with the

director of Professional Regulation Commission (PRC), National

Capital Region, Manila through the director, the PRC, Lucena

City, seeking assistance regarding Rene, against whom she had

filed a criminal case for bigamy and abandonment. Ligaya

alleged, among others, that Rene has not been giving her and

their children support. Administrative Case No. LCN-0016 on

February 16, 2007 the Board of Professional Teachers (BPT), PRC,

Manila found Rene Puse administratively liable of the charges

and revoked his license as a professional teacher.

In another case, Regional Director Recardo Borgonia of

Department of Education in Central Visayas (DepEd 7) was ordered

to enforce the suspension against Rogelio Tines who works in the

Lawa-an Elementary School in Dumanjug town, Cebu. Tines was

found guilty of disgraceful and immoral conduct and he was

meted an eight-month suspension for living with another woman

aside from his wife. Disgraceful and immoral conduct is

clearly defined as willful, flagrant, or shameless behavior

which shows a moral indifference to the opinion of the good and

respectable members of the community (Cebu Daily Times, 2011).

In the instance case of Broklita Rodriguez, Department of

Education regional director Carolino Mordeno has ordered a one

month suspension against Rodriguez a teacher of Basak Elementary

School in Badian town for immorality. The committee found

Rodriguez guilty of disgraceful and immoral conduct because of

her dishonesty prior to her entering the government service

(www.philstar.com).

The undersigned researcher is a teacher of the Department

of Education for seven years. This researcher was assigned to

eight different schools in four different districts, in

Zamboanga City division. These assignments provide the

researcher the opportunities to be engaged with teachers, school

heads and personnels.

Purpose

This action research sought to find out the constraints of

problems encountered by public school teachers who are under the

leadership and management of different school heads and

supervisors.

Methodology

As a qualitative type of research, this study utilized the

participatory action research design engaging the school

teachers. As such, the participants of the study fit the

category of the critical case sampling, having come the desired

information on the lived experiences of teachers understudy.

The researcher also utilized pseudo names to protect the

identity of the respondents.

Findings and Analysis

The following are the primary pain areas faced by a school

teacher:

Case Study 1:

Evelyn is 29 years old, single but with two children. She

applied in the Department of Education for a teaching position.

Like any other teacher-applicant, she went through the ranking

system in the district level.

 After her demonstration teaching and panel interview Jun,

the District Supervisor calls her in his office for a

conversation. Jun while asking her about her educational

qualifications, experiences and personal background, he placed

the 45 caliber gun on top of his table and said let me caress

your boobs, if not you can say goodbye to the world. Jun grab

her intimately and after awhile Evelyn manage to go out of his

office.

Evelyn filed a complained in the Civil Service Commission

for Sexual Harassment. The case filed did not prosper because

Evelyn was intimidated by Jun and she did not show up during the

hearing. Soon, she was given an item and Jun filed for an early

retirement.

Case Study 2:

Daisy a de facto single parent who has been employed in the

Department of Education for eighteen years as Teacher 1. Juan

Miguel is retirable school principal. One night, Juan Miguel

texted Daisy asking if he can enter the dwelling of Daisy, since

she is alone. He also added that he wants to have sex with her.

Daisy to her outburst replied pervert.

Early in the morning Juan Miguel confronted Daisy in school

and he was so mad. He asked Daisy how much is her night and

Daisy answered My night is one million pesos. He replied, Id

rather hire a hooker with that price because you are already

old.

Case Study 3:

Arthur is a young and good looking teacher. He is talented

and skillful. After five years of teaching he remained single.

He is a grade six teacher and assigned in a far-flung area.

Arthur had a beautiful pupil named Carla. She is more mature

than her other classmates at the aged of sixteen. Carla often

times flirts with Arthur. Then, one day Arthur courted his pupil

Carla. Soon, theyre relationship got deeper. After a year,

Arthur impregnated Carla. Carlas parents filed a complained in

the Baranggay. Both parties agreed for an amicable settlement.

When Carla turned eighteen-years old, Arthur and Carla got

married. But after two years of marriage Arthur got involved

with his pupil and also got pregnant.

Carla filed a complained against Arthur in the Regional

Trial Court.

Case Study 4:

Jake, a handsome and intelligent principal, who is married

to Cristina (a teacher) for five years contracted another

marriage to Marie (a teacher) in an Islamic Rites. After several

years of living together as husband and wife they had a child

and this prompted Cristina to file a complaint against Jake and

Marie but before the final verdict was imposed Jake was shot
dead. In an investigation conducted by Philippine National

Police (PNP) authorities it was found out that the cause of his

murder was love triangle. But the perpetrator remains at large

because no suspect was identified for this killing. Jake was

also found out to have other elicit relationships with several

married woman aside from Marie.

Case Study 5:

Edna a newly hired teacher is single, outgoing and

friendly. Most of her friends are male. She is seen by her

colleagues and community stakeholders oftentimes going out and

visited by different man. One day, she got pregnant out of

wedlock. Gossip spread out about her situation. It was even an

issue whether to grant her the privilege of maternity leave

benefits, since she is still single.

Case Study 6:

Matilda, an experienced principal transferred to a new

school. On the day of her installation, she started yelling at

the teachers infront of some DepEd officials. Esperanza, a

novice teacher who is pregnant and emotional started crying.

Matilda was looking for the teacher who is well-known to be a

fighter. Esperanza was actually the person who she was referring

to. After a week, Matilda keep asking for Esperanza to report in

her office but every time Esperanza goes to her office. Matilda

denys that she is being called. But Judith (a teacher) kept on

coming back in Esperanzas classroom relaying the same message

and Esperanza visits the office over and over again, the next

day Esperanza has a spotting and filed for a sick leave. After

the incident Esperanza did not file a complaint against Matilda

instead kept on doing her work as a teacher. A year after

Matilda continued to oppress Esperanza in many other ways. She

observes the class of Esperanza almost every day. She wont

allow Esperanza to go on trainings. When Esperanza insisted to

attend an international seminar, Matilda marked her absent and

sent her memos asking her to explain. She kept on raising the

same issues and Esperanza kept on responding to her written

memos intelligently. Until, one day Matilda called Esperanza in

her office asking her to change her responses. But Esperanza did

not agree to her idea and stick with her honest believes. Soon,

Matilda stop sending her written memos but Matilda asked Judith

and Noreen (her ally teachers) to intimidate Esperanza. Soon,

Esperanza was advised by some of her colleagues to transfer to

another school or else she will continuously be miserable in the

said school. Esperanza filed for a transfer and after a week her

request was granted.

Case Study 7:

Mathew a school head filed a complaint in the baranggay

office against his teacher for qualified theft. During the

hearing and investigation the allegations were not proven for

lack of evidence. Jarmila (the teacher) in an interview said

that she was put to shame but she cannot do anything because

Mathew, the complainant is her superior.

The argument between the two public servants did not stop

that day. Mathew continuously humiliated Jarmila even in front

of other teachers. Jarmila never did file a complaint and chose

to bear the burden of silence.

Case Study 8:

Melda, a very active and dynamic school head found out that

under her leadership is a multi-talented teacher named Cyrene.

She dances gracefully, sings like a diva and plays musical

instruments. For several years, the school band is under the

management of Grace, who has been soliciting contributions to

the parents of the band members to pay for the trainer monthly.

Melda initiated to take the duty from Grace and turn it

over to Cyrene who she thinks more competent to handle the

school band. Grace got irritated and did not conform to the

idea. A year after during a band display, the school band did

not performed well. The succeeding day, Melda called for a

teachers meeting. She asked Grace about what had transpired in

the band display and why she snob her when her attention was

called. Melda also reiterated that she was disappointed about

the actuations of Grace in front of many people. But Grace

answered back with a harsh tone of voice. Saying that she does
not feed her family from the sweat of other people not like you

(referring to Melda). Melda got mad and threw her cellular phone

to Grace saying You are an ingrate and disrespectful, I am your

school head. The commotion got worse when Grace stood up and

challenge Melda to a fight. But the other teachers stop both of

them and some were crying. All of the teachers went home with an

unsettled dispute. The next day, Melda and Grace were called at

the district office for investigation. The unresolved dispute

was soon referred to the division office for mediation and

conciliation.

Case Study 9:

Lucibelle a newly hired teacher disclosed to the researcher

that she is irritated to her school head because she is being

tapped to do the tasked of the school head. She also added that

the said school head cannot even speak eloquent English and do

not know how to do her duties and responsibilities. All she did

was to delegate her tasked to her teachers. The school heads

main function was just to signed the documents prepared by the

teachers. Sometimes when she is not around, we often talk about

her. It is so unfair that we teachers had to leave our pupils in

our classroom unattended just to meet her demands.

Case Study 10:

Tony is a school principal for ten years. He is an

alcoholic and a gambler. Every time the school conducts school

related activities or being visited by government officials. He

frequently asked the teachers to contribute a certain amount of

money. Julie Ann a substitute teacher faced Tony fearlessly and

complained for the contribution that Tony is soliciting from her

teachers. Tony instead of facing Julie Ann just walked away and

scolded the mother of Julie Ann who is also a teacher under him.

That same night Tony got himself drunk and came to the

house of Julie Ann yelling and attacking the personal life of

Julie Ann. Some baranggay officials came to stop him and asked

him to leave the premises.

Cases 1, 2 and 3 are sexual harassment in the workplace.

Sexual harassment is an act or series of act involving any

unwelcome sexual advance, request or demand for a sexual favor,

or other verbal or physical behavior of a sexual nature,

committed by a government employee or official in a work-

related, training-or-education-related environment

(www.psa.gov.ph).

According to Miller (2011) sexual harassment in the

workplace discriminates against women and other marginalized

people on the basis of their sex, race, and gender and inhibits

their ability to do their work, just as sexual harassment in the

streets interferes with the ability to move freely and safely in

the world.
 Sexual harassment is criminal in nature. It is the unfair

application of power of man against woman. Man of dominant

strength takes advances on womans weakness.

It must be emphasized that the demand of a sexual favor

need not be explicit or stated. Although it is true that R.A.

7877 calls for a demand, request or requirement of a sexual

favor, it is not necessary that the demand, request, or

requirement of a sexual favor be articulated in a categorical

oral or written statement (www.philippinecriminallawyer.com).

In Case 1, the offenders act of mashing the breast of the

teacher-applicant is sufficient to constitute sexual harassment.

In Case 2, the text that the teacher received requesting

for sexual favor constitutes sexual harassment.

In Case 3, the teacher committed sexual harassment twice.

It does not negate to amorous or erotic relationship but an

advantage and discrimination against the pupils who are victims.

These pupils are under his temporary parental care and they are

actually of minority aged.

R.A. 7877 mandates that the employer or the head of the

work-related, educational or training environment or institution

must provide the procedures for the resolution, settlement or

prosecution of acts of sexual harassment. The employer must

create a committee on decorum and investigation of cases on

sexual harassment. In the case of a work-related environment,

the committee shall be composed of at least one (1)

representative each from the management, the union, if any, the

employees from the supervisory rank, and from the rank and file

employees.

Cases 4 and 5 are cases for immorality which is contrary to

the moral expected to a public servant. In case 4, the second

marriage contracted by the principal do not fall under a

bigamous marriage since it was solemnized under an Islamic rites

but the elicit relationships with other married woman

constitutes immorality. In case 5 section 3 of the Civil Service

Commission issuance provides that the unmarried government

employees who do not have existing legal impediments to contract

marriage may not be liable for the administrative offense of

disgraceful and immoral conduct unless the conduct consists of

immoral and deviant acts of which are inherently forbidden by

the basic norms of decency, morality and decorum such as, but

not limited to incest, pedophilia, exhibitionism and the like.

Cases 6 and 7 are cases that fall under oppression. In case

6, the act done by the teachers (ally of Matilda) as

subordinates clearly manifest that they were acting under the

orders of their superior. The teachers even acting under the

orders of their superior may be shown in mitigation of damages.

They are civilly liable for willful or negligent acts done by

them which are contrary to law, morals, public policy or good

customs, even if they acted under orders or instructions by

their superior.

In case 7, the series of acts done by the school head is in

excess of official duty. The school heads wrongful allegations

and maltreatment to the teacher constitutes tortuous conduct,

even where such conduct is committed in the course of their

employment. If a public official exceeds the power conferred on

him by law, he cannot invoke immunity from suit. In the eye of

the law, he acted wholly without authority.

Case 8 is an insubordination case. This is a less grave

offense committed by a subordinate against a superior. Under the

CSC law this is punishable for a suspension of one month and

one-day to six months for the first offense and a ground for

dismissal in the service for the second offense. Aside from the

refusal of the lawful order of the subordinate-teacher, the

teacher is also liable for improper and unauthorized

solicitation of contributions to the parents of the band

members.

Case 9 is a case for inefficiency and incompetence in the

performance of official duties which is punishable for a

suspension for six months and one day to one year for the first

offense and dismissal for the second offense. It has been noted

that there are some school heads and teachers who acquired their

diploma from a diploma meal institutions. The researcher herself

sought out for the veracity of this information disclosed to her

by a teacher and it was found out that this kind of institution

really existed. The researcher went to the identified

institution and there and then offered with a ready-made

transcript of records in exchanged for a certain amount of

money. This is a clear manifestation why teachers who are

promoted to managerial positions are incompetent.

Case 10, falls under improper or unauthorized solicitation

of contributions from subordinate employees which is clearly

stated in the Uniform Rules on Administrative Cases in the Civil

Service Commission Resolution No. 991936.

The school has public funds that can be utilized for

expenditures, this fund is being allocated by the local

government and by the national government which is the local

fund and the Maintenance and Other Operating Expenses (MOOE).

School heads are not to collect or solicit contributions from

teachers.

Conclusion

The teachers will not faced this kind of problems if they

are fully aware of the CSC Laws, R.A. 6713 Code of Conduct and

Ethical Standards for Public Officials and Employees, and other

DepEd Orders.
Further Action/Recommendation

Raise the public awareness about the Rules of Procedure of

the Constitutional Commissions by conducting a seminar. Invite

law students and/or graduates of law degree, if not a lawyer as

resource speaker.

A Grievance Committee must be established in the different

districts to accommodate complains of the teachers, composing of

the district supervisor as chairperson, one school principal and

one teacher as members of the committee who are knowledgeable in

law, conflict and negotiation.

References

Alexander, K., & Alexander, M.D. (2012). American Public

School Law (Eighth ed.). Wadsworth Publishing Company

CSC Resolution No. 01-0940

DepEd suspends teacher in Badian for Immorality.

(2007, January 12) Retrieved on May 20, 2017 from

http://www.philstar.com

Miller, M. (2011). Sexual Harassment. York University:

Toronto. Retrieved on May 20, 2017 from

http://www.businessmirror.com.ph

Philippine Criminal Lawyer (nd) Retrieved on May 20, 2017

from http://www.philippinecriminallawyer.com

Punke, H. (2017). Immorality as Ground for Teacher

Dismissal. Retrieved on May 20, 2017 from

http://www.journals.sagepub.com

Q & A: Sexual Harassment Cases. (2008) Retrieved on May 20,

2017 from http://www.psa.gov.ph

R. A. 7877 an Act Declaring Sexual Harassment Unlawful in

the Employment, Education or Training Environment, and for

other purposes

R. A. 6713 otherwise known as the Code of Ethical Standards

for Public Officials and Employees

Teacher suspended for immoral conduct (2011, December 19).

Cebu Daily News

Umali, T. (2015, June 7). A decided case on immorality of

a public-school teacher. Retrieved on May 20, 2017 from

http://www.businessmirror.com.ph
 Department of Education
Division of Zamboanga City
District of Vitali
City of Zamboanga

ACCEPTANCE/APPROVAL SHEET

This office officially accepts/approves this action

research entitled Constraints of Problems Encountered by Public

School Teachers: A Case Study conducted/written/submitted by

Stephanie A. Ballaho, as one of the requirement for the School

Year 2016-2017.

Accepted and approved this 28th day of May, 2017.

GLORIA FLORES
Master Teacher II

BERNARDITA R. FRANCISCO, ED.D.

Public Schools District Supervisor