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LEGAL ISSUES

AND CONCERNS
AFFECTING
PRIVATE
SCHOOLS
26 SEPT 2013

CEAP WATERFRONT NATIONAL 1


ASSEMBLY 2013
2013 CEAP NATIONAL ASSEMBLY
WATERFRONT HOTEL, 26 SEPTEMBER 2013

SCOPE OF OUR
TALK TODAY:
TAX OVERVIEW AND THE NEW
BIR REGULATIONS

K-12 LAW AND IMPLEMENTING


RULES: ARE WE IN SYNCH?
CEAP WATERFRONT NATIONAL 2
ASSEMBLY 2013
NEW SUPREME COURT
CASES AFFECTING SCHOOLS

DEPED POLICY ON CHILD


PROTECTION POLICY: Positive
Discipline and Cyber-Bullying

HELICOPTER PARENTS
CEAP WATERFRONT NATIONAL 3
ASSEMBLY 2013
A SIMPLIFIED OVERVIEW
OF WHAT AND WHY?

CEAP WATERFRONT NATIONAL 4


ASSEMBLY 2013
CEAP WATERFRONT NATIONAL 5
ASSEMBLY 2013
GENERAL RULE:

EVERYTHING IS TAXED.

CEAP WATERFRONT NATIONAL 6


ASSEMBLY 2013
OF GOVERNMENT
IS TAXATION
CEAP WATERFRONT NATIONAL 7
ASSEMBLY 2013
CEAP WATERFRONT NATIONAL 8
ASSEMBLY 2013
CEAP WATERFRONT NATIONAL 9
ASSEMBLY 2013
TAX EXEMPTION

a grant of immunity, express


or implied, to particular
persons or corporations from
the obligation to pay taxes. (51
Am. Jur. 503)

CEAP WATERFRONT NATIONAL 10


ASSEMBLY 2013
EDUCATION AS VIEWED BY THE
CONSTITUTION
Art. III, Sec. 17. The State shall give priority to
education, science and technology, arts, culture, and
sports to foster patriotism and nationalism,
accelerate social progress, and promote total
human liberation and development.

Art. XIV, Sec. 1. The State shall protect and


promote the right of all citizens to quality
education at all levels and shall take appropriate
steps to make such education accessible to all
CEAP WATERFRONT NATIONAL 11
ASSEMBLY 2013
ARTICLE VI. SECTION 28, SUBPAR.3:

Charitable institutions, churches and


personages or convents appurtenant
thereto, mosques, non-profit cemeteries,
and all lands, buildings, and
improvements, actually, directly, and
exclusively used for religious,
charitable, or educational purposes
shall be exempt from taxation.

CEAP WATERFRONT NATIONAL 12


ASSEMBLY 2013
ARTICLE XIV , SECTION 3. ON EDUCATION:

All revenues and assets of non-stock, non-profit


educational institutions used actually, directly, and
exclusively for educational purposes shall be exempt
from taxes and duties. Upon the dissolution or
cessation of the corporate existence of such
institutions, their assets shall be disposed of in the
manner provided by law.

Subject to conditions prescribed by law, all grants,


endowments, donations, or contributions used
actually, directly, and exclusively for educational
purposes shall be exempt from tax.

CEAP WATERFRONT NATIONAL 13


ASSEMBLY 2013
STATE SUBSIDY
BY WAY OF TAX EXEMPTION
TAX EXEMPTION FROM REAL OR
PROPERTY TAXES

TAX EXEMPTION FROM INTERNAL


REVENUE TAXES AND CUSTOM DUTIES

EXEMPTION FROM TAXES IMPOSED ON


GIFTS AND DONATIONS
CEAP WATERFRONT NATIONAL 14
ASSEMBLY 2013
PROVIDED THAT THE LAND,
INCOME OR DONATION IS USED
ACTUALLY, DIRECTLY, AND
EXCLUSIVELY FOR
EDUCATIONAL PURPOSES

CEAP WATERFRONT NATIONAL 15


ASSEMBLY 2013
SITUATION:
Sale of real property owned by
the educational institution

This is subject to transfer tax and


documentary stamp tax, inasmuch as
this is an activity which is not related to
education but is assumed to be done
for profit.
CEAP WATERFRONT NATIONAL 16
ASSEMBLY 2013
SITUATION:

SCHOOL WITH A CANTEEN.


HOW IS IT TO BE TAXED?

CEAP WATERFRONT NATIONAL 17


ASSEMBLY 2013
If the school canteen is actually operated
by the school as a laboratory for its
culinary arts students, or incidental to its
operation as an educational institution,
then any profit derived from sales of the
products in the canteen is tax exempt
CEAP WATERFRONT NATIONAL 18
ASSEMBLY 2013
HOWEVER, if the school canteen is operated
by a concessionaire who pays rent or a
percentage of the gross profit for the
use of the premises to the School or for
the privilege of operating the canteen within
school premises, then this is NOT
considered by the BIR as tax-exempt.

The Bureau of Internal Revenue/Dept of


Finance argue that the activity (rental of the
school canteen) is NOT related to the
educational purpose of the School.
CEAP WATERFRONT NATIONAL 19
ASSEMBLY 2013
BIR Rev Memo Circular No. 76-2003
dtd 14 Nov 2003:

REGULAR SCHOOL INCOME SUCH


AS BOOKSTORES AND CANTEENS
ARE EXEMPT, PROVIDED THAT
THEY ARE OWNED AND OPERATED
BY THE SCHOOL AND LOCATED IN
THE SAME PREMISES.
CEAP WATERFRONT NATIONAL 20
ASSEMBLY 2013
The government does not exempt
educational institutions from paying
local taxes or impositions such as
Mayors permits or other license fees,
stating that these are not taxes but are
regulatory fees in nature. Moreover, it is
noted that local governments have
different ordinances, not the least of
which are the Mayors and/or business
permits. Sarmiento, Ulpiano. supra., at 854.
CEAP WATERFRONT NATIONAL 21
ASSEMBLY 2013
ISSUE:

WHAT IF THE PROFITS OF THE


CANTEEN WERE USED TO
SUBSIDIZE SCHOLARSHIPS?

SUBSIDIZE HOSPITALIZATION
EXPENSES FOR NUNS AND
EMPLOYEES?
CEAP WATERFRONT NATIONAL 22
ASSEMBLY 2013
PROVE THAT THE PROCEEDS WERE
USED ACTUALLY, DIRECTLY AND
EXCLUSIVELY FOR EDUCATIONAL
PURPOSES THROUGH PAPER TRAIL

EXAMPLE: RECEIPTS SHOWING THAT


THE PROCEEDS WERE USED FOR THE
SCHOLARSHIP OF X NUMBER OF
STUDENTS; OR FOR THE
HOSPITALIZATION BENEFITS OF THE
NUNS AND THE EMPLOYEES.
CEAP WATERFRONT NATIONAL 23
ASSEMBLY 2013
CEAP PROPOSAL FOR A
COMPREHENSIVE TAX
EXEMPTION BILL:
Any revenues or income from any activity
undertaken by the educational institution,
regardless of the source, should be exempt
from taxes.
The reason is that any income earned by the non-
stock, non-profit educational institution ultimately
redounds to the benefit of the said institution for
the furtherance ofCEAP
itsWATERFRONT
primary objectives.
NATIONAL 24
ASSEMBLY 2013
PROBLEM:!
BIR REVENUE
MEMO ORDER
20-2013 ON
APPLICATION OR
REVALIDATION
OF TAX EXEMPT
CERTIFICATES
CEAP WATERFRONT NATIONAL 25
ASSEMBLY 2013
Please be advised that the
Bureau of Internal Revenue
(BIR) issued two months ago
on July 22, 2013 Revenue
Memorandum Order No.
20-2013 (RMO 20-2013)

CEAP WATERFRONT NATIONAL 26


ASSEMBLY 2013
Tax exemption rulings or certificates
issued BEFORE 30 JUNE 2012 shall be
VALID ONLY UNTIL 31 DECEMBER
2013.

Tax exemption rulings or certificates


issued AFTER 30 JUNE 2012 shall
CONTINUE TO BE VALID FOR A
PERIOD OF THREE (3) YEARS FROM
DATE OF ISSUANCE, unless sooner
revoked or cancelled.
CEAP WATERFRONT NATIONAL 27
ASSEMBLY 2013
RMO 20-2013 requires all non-stock
corporations and associations enumerated
under Section 30 of the National Internal
Revenue Code (NIRC), as amended, including
those which have been issued tax
exemption rulings/ certificates PRIOR to
30 JUNE 2012, to file their respective
Applications for Tax Exemption/
Revalidation with the Revenue District
Office (RDO) where they are registered.

CEAP WATERFRONT NATIONAL 28


ASSEMBLY 2013
PROBLEM:
BIR MEMO
ORDER
18-2012 ON
PRINTING OF
RECEIPTS
CEAP WATERFRONT NATIONAL 29
ASSEMBLY 2013
Authority to
Print (ATP)
is a requirement
of the BIR
that allows an
industry
to print its
receipts/invoice.
CEAP WATERFRONT NATIONAL 30
ASSEMBLY 2013
BIR Revenue Regulation
No. 18-2012
All unused and/or unissued
principal and supplementary
receipts or invoices printed
prior to 18 January 2013
shall be valid UNTIL 30
AUGUST 2013.
CEAP WATERFRONT NATIONAL 31
ASSEMBLY 2013
How to apply for ATP?
GENERAL RULE:
ON-LINE applications for ATP of
the Head Office (HO) and all its
branches.
EXCEPTION:
In case of systems downtime, all
applications for ATP shall be
MANUALLY filed with the BIR.
CEAP WATERFRONT NATIONAL 32
ASSEMBLY 2013
WHEN TO APPLY
FOR ATP?
The BIR set the deadline for
ATP application last 30
April 2013 for industries
which have not filed for ATP
under the new system.
CEAP WATERFRONT NATIONAL 33
ASSEMBLY 2013
IF YOU MISSED THE
DEADLINE:

PENALTY IS P1,000.00
PER SCHOOL.

CEAP WATERFRONT NATIONAL 34


ASSEMBLY 2013
FOR HOW LONG IS THE ATP
APPLIED IN THIS PERIOD VALID?

CEAP WATERFRONT NATIONAL 35


ASSEMBLY 2013
WHEN SHOULD THE SCHOOL
APPLY FOR ATP?

A School with an expiring ATP for


its invoices/receipts (principal and
supplementary) shall apply for a
new ATP not later than SIXTY (60)
DAYS PRIOR TO ACTUAL
EXPIRY DATE.
CEAP WATERFRONT NATIONAL 36
ASSEMBLY 2013
CEAP WATERFRONT NATIONAL 37
ASSEMBLY 2013
WHAT IS THE REASON BEHIND
THE REGULATION?

The BIR aims to regulate


further the printing of all
invoices, set validity period,
and generate reports relative
to the ATP, as preventive
measures against fraud.
CEAP WATERFRONT NATIONAL 38
ASSEMBLY 2013
ARE NON-STOCK, NON-PROFIT
SCHOOLS COVERED BY THE
REGULATION?
YES. The law itself provides that ALL
industries, including non-stock, non-
profit schools are required to comply.
There are no exemptions as the ruling
covers all business registered with
BIR that uses manual invoices/official
receipts.
CEAP WATERFRONT NATIONAL 39
ASSEMBLY 2013
WHEN THE LAW
DOES NOT
DISTINGUISH,
NEITHER SHOULD
WE DISTINGUISH.
CEAP WATERFRONT NATIONAL 40
ASSEMBLY 2013
Email of Executive Director Doris Ferrer dated 17
September 2013:

In a meeting with the Salvador and Associates


lawyers, CEAP and the officers of Phil
Association of Religious Treasurers, it was
agreed that a draft letter to BIR will be
prepared by the law firm, which upon
approval of the EXECOM will be sent to
BIR.
The letter is meant to clarify with BIR the tax exemptions
of non-stock, non-profit educational institutions as there
is a clear constitutional provision on this matter.
CEAP WATERFRONT NATIONAL 41
ASSEMBLY 2013
CEAP
PROPOSED
BILLS FOR
K-12
NATIONAL ADVOCACY COMMISSION
CHAIR: FR. JOEL TABORA, S.J.
1. Government
Assistance to Private
Education Act.

CEAP REGION 3 ASSEMBLY 43


2013
Expanding the Expanded
GATSPE
There are pending bills in Senate and
House of Representatives proposing to
amend the EGATSPE in order to channel
government funds to students and
teachers in private schools, provided they
meet certain criteria.
CEAP PROPOSAL:
Expansion, upgrade and
construction of school facilities. --
The school facilities shall include the
school buildings, classrooms, library and
sports center. The Council shall
determine the criteria for assistance to be
given to private educational institutions
based on reasonable guidelines and
subject to existing laws and regulations.

CEAP REGION 3 ASSEMBLY 45


2013
CEAP PROPOSAL:
Acquisition of new educational resources
and equipment. -- Educational resources and
equipment shall include reading materials such as
computers, projectors, laboratory tools and
equipment, books, educational magazines,
computer software and e-books and other similar
sources. The Council shall determine the criteria
for assistance to be given to private educational
institutions based on reasonable guidelines and
subject to existing laws and regulations

CEAP REGION 3 ASSEMBLY 46


2013
2. SOCIALIZED TAX
CREDIT SYSTEM FOR
PARENTS OF STUDENTS IN
PRIVATE EDUCATION

CEAP REGION 3 ASSEMBLY 47


2013
PROPOSAL:

Parents who send their


children to private educational
institutions for basic education
can avail of tax credits for the
tuition fees they spend.

CEAP REGION 3 ASSEMBLY 48


2013
SECTION 6. Limitations. The right of any student to
avail himself of the benefits under this Act shall not
apply:

(a) If he fails for one (1) school year in the majority


of the academic subjects in which he has enrolled
during the course of his study unless such failure is due
to some valid cause beyond his control; and

(b) If he enrolls for the first time, or transfers,


outside of the region where he is domiciled unless
the course he wants to pursue is a priority course as
determined by the Department of Education, and is not
offered in any private school in his region.
CEAP REGION 3 ASSEMBLY 49
2013
3. An Act Institutionalizing the
Complementary Role of Public And
Private Educational Institutions

Instead of spending public funds to build new


classrooms and hire new teachers, the
government should give assistance or aid to
existing private educational institutions to help
them alleviate overcrowding in public schools.
There is however an issue raised that this may
affect the academic freedom enjoyed by
private schools.
4. An Act Introducing The Socialized
Voucher System, Appropriating Funds
Therefore And For Other Purposes
The Socialized Voucher System will be open to
all students in public educational institutions
that qualify to enroll in private educational
institutions but their families do not have the
capacity to finance private education.
The students seeking assistance must qualify
on the guidelines set forth based on family
income, academic qualifications and other
socio-economic factors.
5. An Act Exempting Subsidy
Received by Teachers from
the Imposition of Tax

A proposal in order for Congress to


grant tax exemption to the subsidy
given by the government to teachers.
PROBLEM:
K-12 LAW AND
IMPLEMENTING
RULES ARE
WE IN SYNCH?

CEAP WATERFRONT NATIONAL 53


ASSEMBLY 2013
BASIC DOCUMENTS:

1. REPUBLIC ACT NO. 10533


promulgated 15 May 2013

2. IMPLEMENTING RULES AND


REGULATIONS promulgated 04
September 2013

CEAP WATERFRONT NATIONAL 54


ASSEMBLY 2013
CEAP WATERFRONT NATIONAL 55
ASSEMBLY 2013
ANSWER:

PRIORITY TO BE GIVEN TO A
TEACHER WHO IS A LET
PASSER.

HOWEVER, IF THERE IS A LACK OF


QUALIFIED LET APPLICANTS IN
YOUR SCHOOL, THEN --

CEAP WATERFRONT NATIONAL 56


ASSEMBLY 2013
EXCEPTIONS PROVIDED BY
LAW AND IMPL RULES:

Notwithstanding RA 7836, DepEd


and private educational
institutions SHALL hire, as
may be relevant to a particular
subject:
* BICAM MODIFICATION FROM
MAY HIRE.
CEAP WATERFRONT NATIONAL 57
ASSEMBLY 2013
1. GRADUATES OF SCIENCE, MATHEMATICS,
STATISTICS, ENGINEERING, MUSIC AND
OTHER DEGREE COURSES WITH
SHORTAGES IN QUALIFIED LET
APPLICANTS TO TEACH IN THEIR
SPECIALIZED SUBJECTS IN ELEMENTARY
AND SECONDARY EDUCATION; PROVIDED:

IF FULL TIME as such Basic or Secondary


Ed teacher, must pass LET within 5 years.

NO NEED FOR LET if only part-timer


CEAP WATERFRONT NATIONAL 58
ASSEMBLY 2013
2. FACULTY OF HIGHER EDUCATIONAL
INSTITUTIONS SHALL BE ALLOWED TO
TEACH IN THEIR GENERAL EDUCATION OR
SUBJECT SPECIALTIES IN THE SECONDARY
EDUCATION; PROVIDED:

THAT THE FACULTY MUST BE A HOLDER OF A


RELEVANT BACHELORS DEGREE, MASTERS
DEGREE, OR MASTERS DEGREE WITH THE RELEVANT
PROFESSIONAL LICENSE, AND

MUST HAVE SATISFACTORILY SERVED AS A


FULL-TIME HEI FACULTY (THUS, ALREADY A
REGULAR/ PERMANENT FACULTY)
CEAP WATERFRONT NATIONAL 59
ASSEMBLY 2013
3. GRADUATES OF TECHNICAL-
VOCATIONAL COURSES TO TEACH IN
THEIR SPECIALIZED SUBJECTS IN THE
SECONDARY EDUCATION; PROVIDED:

POSSESS TESDA CERTIFICATION; AND

UNDERGO PROPER IN-SERVICE


TRAINING PROGRAM TO BE
ADMINISTERED BY DEPED.

CEAP WATERFRONT NATIONAL 60


ASSEMBLY 2013
4. The DepEd and private schools may hire
PRACTITIONERS with expertise in the
specialized learning areas offered by the
Basic Education curriculum to teach in the
Secondary Level;

PROVIDED: That they teach on a PART-


TIME BASIS only
For this purpose, the DepEd, in coordination with the
appropriate government agencies, shall determine
the necessary qualification standards in hiring these
experts.
CEAP WATERFRONT NATIONAL 61
ASSEMBLY 2013
WHAT KIND OF
EMPLOYMENT
CONTRACT WILL
YOU GIVE?

CEAP WATERFRONT NATIONAL 62


ASSEMBLY 2013
ANSWER:

IF FULL-TIME NEW TEACHER, THEN


USUAL PROBATIONARY CONTRACT
GIVEN BY YOUR SCHOOL WITH 3-
YEAR PROBATIONARY PERIOD.

IF WILL NOT PASS LET WITHIN 3-


YEAR PERIOD, EXTEND FOR
ANOTHER TWO (2) YEARS.
CEAP WATERFRONT NATIONAL 63
ASSEMBLY 2013
IF PART-TIME NEW TEACHER, THEN
UNDER THE MANUAL OF
REGULATIONS FOR PRIVATE
SCHOOLS IN BASIC EDUCATION
(MORPSBED), TEACHER WILL NOT
ACQUIRE PERMANENT OR
REGULAR TENURE.

HENCE, TERM EMPLOYMENT


CONTRACT ON A YEAR-TO-YEAR
OR SEMESTER-TO-SEMESTER
BASIS. CEAP WATERFRONT NATIONAL 64
ASSEMBLY 2013
PROBLEM:
SOME
COLLEGE
SUBJECTS TO
BE PUSHED
DOWN TO 11TH
AND 12TH
GRADES
CEAP WATERFRONT NATIONAL 65
ASSEMBLY 2013
The college General Education curriculum is
being revised and will have fewer units.

WITH K TO 12, THE COLLEGE CURRICULUM


WILL COMPRISE OF THREE (3) YEARS:

A YEARS WORTH OF GENERAL


EDUCATION SUBJECTS; AND

AT LEAST TWO YEARS OF MAJOR


SUBJECTS. (www.gov.ph/k-12).

CEAP WATERFRONT NATIONAL 66


ASSEMBLY 2013
CEAP WATERFRONT NATIONAL 67
ASSEMBLY 2013
1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR
2016-2017 NO 1ST YEAR OKAY OKAY OKAY
2017-2018 NO 1ST YEAR OKAY OKAY OKAY
2018-2019 OKAY NO 2ND YEAR OKAY OKAY
2019-2020 OKAY NO 2ND YEAR OKAY OKAY
2020-2021 OKAY OKAY NO 3RD YEAR OKAY
2021-2022 OKAY OKAY NO 3RD YEAR OKAY
2022-2023 OKAY OKAY OKAY NO 4TH YEAR
2023-2024 OKAY OKAY OKAY NO 4TH YEAR
2024-2025 OKAY OKAY OKAY OKAY

CEAP WATERFRONT NATIONAL 68


ASSEMBLY 2013
CEAP WATERFRONT NATIONAL 69
ASSEMBLY 2013
THOSE WHOSE THOSE WHO WILL NOT
SUBJECTS WILL BE BE GIVEN SUBJECT
BROUGHT DOWN TO LOADS FOR TWO
11TH AND 12TH YEARS UPON
GRADE: IMPLEMENTATION OF
MOVEMENT MAY BE K-12: TEMPORARY
PERMANENT MOVEMENT OR
TEMPORARY LAY-OFF
CEAP WATERFRONT NATIONAL 70
ASSEMBLY 2013
NUMBER OF
PERSONNEL
AND
TRANSFER
OF EMPLOYEES

CEAP WATERFRONT NATIONAL 71


ASSEMBLY 2013
SCHOOL IS NOT UNDER
OBLIGATION TO KEEP MORE
EMPLOYEES AS ARE
NECESSARY FOR THE
EFFICIENT OPERATIONS OF
ITS BUSINESS (WILTSHIRE FILE
VS. NLRC, 193 SCRA 665 [1990])

CEAP WATERFRONT NATIONAL 72


ASSEMBLY 2013
It is the
prerogative of
management to
transfer an
employee
where he can
be most useful
to the company.
CEAP WATERFRONT NATIONAL 73
ASSEMBLY 2013
It is the prerogative of management to transfer an
employee from one office to another within the business
establishment based on its assessment and perception of
the employees qualifications, aptitudes and competence,
and in order to ascertain where he can
function with maximum benefit to the
company. This is a privilege inherent in the
employers right to control and manage his
enterprise effectively. An employee who
refuses to be transferred when such transfer
is valid, is guilty of insubordination. -- Pharmacia
and UPJOHN, Inc. (now Pfizer Philippines, Inc.) vs. Albayda, Jr., G.R. No. 172724, 23
August 2010.

CEAP WATERFRONT NATIONAL 74


ASSEMBLY 2013
FULL-TIME COLLEGE PROF
NOT WILLING OR UNABLE
TO TEACH GR 11-12

ASSIGN TO AGREE TO RETRENCH-


RESEARCH PUT ON MENT OR
OR ADMIN FLOATING REDUNDANCY
WORK FOR STATUS OR OR EARLY
TWO YEARS SABBATICAL RETIREMENT
WITHOUT
PAY
CEAP WATERFRONT NATIONAL
ASSEMBLY 2013
75
GENERAL RULE:
ACADEMIC FREEDOM TO
DETERMINE THE
CURRICULUM
PROVIDED:
MINIMUM REQUIREMENTS OF
DepED OR CHED COMPLIED
WITH
CEAP WATERFRONT NATIONAL 76
ASSEMBLY 2013
MORPSBED Section 3.
Minimum Standards or Criteria.
-- The standards or criteria
provided in this Manual are the
minimum required for government
recognition, and schools may adopt
higher standards or criteria
consistent with laws, rules and
regulations.

CEAP WATERFRONT NATIONAL 77


ASSEMBLY 2013
MORPHE, Section 17. Minimum
Standards or Criteria. The
supervision and regulation provided in
this Manual are the minimum
standards or criteria to operate higher
education institutions and conduct
higher education degree programs.
The institutions may adopt higher
standards or criteria consistent with
laws, rules and regulations.

CEAP WATERFRONT NATIONAL 78


ASSEMBLY 2013
POSSIBLE INNOVATION:

CEAP WATERFRONT NATIONAL 79


ASSEMBLY 2013
POSSIBLE INNOVATION:

SOME 11th-12th GRADE


ELECTIVE SUBJECTS MAY BE
CREDITED TO COLLEGE
SUBJECTS IN FIELDS OF
SPECIALIZATION

CEAP WATERFRONT NATIONAL 80


ASSEMBLY 2013
CEAP WATERFRONT NATIONAL 81
ASSEMBLY 2013
PROBLEM:
EXTENDED
PROBATIONARY
PERIODS FOR
FACULTY
WITHOUT
MASTERAL
DEGREE!
CEAP WATERFRONT NATIONAL 82
ASSEMBLY 2013
QUESTION:
MAY THE SCHOOL REFUSE TO GRANT
REGULAR STATUS TO PROBATIONARY
FACULTY MEMBERS DO NOT HAVE MASTERS
DEGREE DESPITE: (A) HAVING BEEN ON AN
EXTENDED PROBATIONARY PERIOD [OF 6
YEARS AND 3.5 YEARS, PER CASE];
(B) HAVING BEEN GIVEN FULL-LOAD FOR AT
LEAST SIX (6) SEMESTERS, AND (C) THAT THE
CBA AT THE TIME OF HIRING DID NOT
REQUIRE MASTER'S DEGREE FOR
ACQUISITION OF REGULAR STATUS?
CEAP WATERFRONT NATIONAL 83
ASSEMBLY 2013
University of the East, Dean Eleanor Javier et. al vs.
Analiza Pepanio and Mariti D. Bueno
G.R. No. 193891, 23 January 2013.
Ponente: Justice Roberto Abad
http://sc.judiciary.gov.ph/jurisprudence/2013/
january2013/193897.pdf
CEAP WATERFRONT NATIONAL 84
ASSEMBLY 2013
YES!!! The requirement of a masteral
degree for tertiary education teachers is
not unreasonable. The operation of
educational institutions involves public
interest.
THE GOVERNMENT HAS A RIGHT TO ENSURE
THAT ONLY QUALIFIED PERSONS, IN THE
POSESSION OF SUFFICIENT ACADEMIC
KNOWLEDGE AND TEACHING SKILLS, ARE
ALLOWED TO TEACH IN SUCH INSTITUTIONS.

CEAP WATERFRONT NATIONAL 85


ASSEMBLY 2013
GOVERNMENT REGULATION IN THIS
FIELD OF HUMAN ACTIVITY IS
DESIRABLE FOR PROTECTING, NOT
ONLY THE STUDENTS BUT ALSO THE
GENERAL PUBLIC FROM ILL-PREPARED
TEACHERS WHO ARE LACKING IN THE
REQUIRED SCIENTIFIC OR TECHNICAL
KNOWLEDGE. THEY MAY BE REQUIRED
TO TAKE AN EXAMINATION OR TO
POSSESS POST-GRADUATE DEGREES
AS PREREQUISITE TO EMPLOYMENT.
CEAP WATERFRONT NATIONAL 86
ASSEMBLY 2013
Respondents were each given only semester-to-semester
appointments from the beginning of their employment
with UE precisely because they lacked the required
master's degree.

Here, UE gave respondents Bueno and


Pepanio more than ample opportunities to
acquire the postgraduate degree required of
them. But they did not take advantage of
such opportunities. Justice, fairness, and
due process demand that an employer
should not be penalized for situations where
it had little or no participation or control.
CEAP WATERFRONT NATIONAL 87
ASSEMBLY 2013
NEWEST SUPREME COURT CASE OF

COLEGIO DEL SANTISIMO ROSARIO


AND SR. ZENAIDA MOFADA, O.P. VS.
EMMANUEL ROJO,
G.R. NO. 170388, 04 SEPTEMBER 2013

REITERATING THE CASE OF YOLANDA


MERCADO VS. AMA COMPUTER

CEAP WATERFRONT NATIONAL 88


ASSEMBLY 2013
WHAT IS STILL RECOGNIZED AS
VALID EXISTING EDUCATIONAL
INDUSTRY PRACTICE:

PROBATIONARY FACULTY EMPLOYEES CAN


STILL BE HIRED AND GIVEN TERM CONTRACTS
(SEMESTER-TO-SEMESTER, YEARLY OR
TRIMESTRAL)

SAME QUALIFICATIONS TO BECOME


REGULAR PERMANENT FACULTY: HIRED
FULL-TIME CONTINUOUSLY FOR THREE
YEARS, OR SIX SEMESTERS, OR NINE
STUDENTS MODULE 11711 89
TRIMESTERS OF SATISFACTORY SERVICE
WHAT THE SUPREME COURT
MODIFIED:

SCHOOL CANNOT SIMPLY INFORM


PROBATIONARY FACULTY EMPLOYEES
THAT THEY WILL NOT BE RENEWED.

THE PROBATIONARY NATURE OF


CONTRACT SHALL BE GIVEN PRIMARY
CONSIDERATION, RATHER THAN THE
TERM
STUDENTS MODULE 11711 90
HENCE IN A SITUATION
WHERE COLLEGE HAS
DECIDED NOT TO RENEW A
PROBATIONARY EMPLOYEE
WITH A TERM CONTRACT.

WHAT MUST BE DONE, AND


WHEN MUST IT BE DONE?
STUDENTS MODULE 11711 91
STUDENTS MODULE 11711 92
1. PROBATIONARY FACULTY MUST
BE INFORMED OF THE FACT THAT:

HE/SHE FAILED TO QUALIFY FOR


PERMANENT STATUS
GIVE REASON, E.G., POOR
PERFORMANCE EVALUATION AND
DISCUSS THE SAME
EMPLOYEE MAY BE GIVEN COPY
OF THE EVALUATION
STUDENTS MODULE 11711 93
2. TELL THE PROBATIONARY
EMPLOYEE THAT HE/SHE WILL NO
LONGER BE RENEWED FOR SAID
REASONS.

3. THEN GIVE PROBATIONARY


EMPLOYEE THE FORMAL LETTER
INFORMING HIM/HER OF THE NON-
RENEWAL WITH STATED REASONS
STUDENTS MODULE 11711 94
STUDENTS MODULE 11711 95
WITHIN A REASONABLE
TIME PRIOR TO THE
EXPIRATION OF THE
CURRENT PROBATIONARY
EMPLOYMENT CONTRACT,
VIZ., ONE MONTH.
STUDENTS MODULE 11711 96
MAY MANAGEMENT
SEARCH COMPUTER
FILES OF EMPLOYEE
AND USE EVIDENCE
THEREIN AS BASIS
FOR MISCONDUCT?
BRICCIO RICKY POLLO VS.
KARINA DAVID, OCT 2011

CEAP WATERFRONT NATIONAL 97


ASSEMBLY 2013
CEAP WATERFRONT NATIONAL 98
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Question: May the search on the employees
computer be considered as reasonable?

Answer: Yes. The search of petitioners


computer files was conducted in connection with
an investigation of work-related misconduct
prompted by an anonymous letter-complaint
addressed to Commissioner David regarding
anomalies in the CSC-ROIV where the head of
the Mamamayan Muna Hindi Mamaya Na division
is supposedly lawyering for individuals with
pending cases in the CSC. Under the facts
obtaining, the search conducted on petitioners
computer was justified at its inception and scope.
CEAP WATERFRONT NATIONAL 99
ASSEMBLY 2013
QUESTION:
MAY A SCHOOL SUSPEND A TEACHER FOR
BEING ABSENT, DESPITE HOLDING ONLINE
CLASSES?

CEAP WATERFRONT NATIONAL 100


ASSEMBLY 2013
ANSWER: YES!!!
The Court recognizes the right of employers
to discipline its employees for serious
violations of company rules after affording
the latter due process and if the evidence
warrants. The employer-university, after
affording the employee due process and
finding her guilty of incurring AWOL, acted
well within the bounds of labor laws in
imposing the penalty of six-month
suspension without pay.
CEAP WATERFRONT NATIONAL 101
ASSEMBLY 2013
As a learning institution, the university
cannot be expected to take lightly
absences without official leave among
its employees, more so among its faculty
members even if they happen to be
union officers.

To do so would send the wrong signal to


the studentry and the rest of its teaching
staff that irresponsibility is widely
tolerated in the academe.
CEAP WATERFRONT NATIONAL 102
ASSEMBLY 2013
There are two AWOL incidents in this case.
And note that on the first AWOL incident
where the employee teacher held on line
classes, the university even offered to drop
the AWOL charge against her if she would
only write a letter of contrition.

But Axalan adamantly refused knowing fully


well that the administrative case would take
its course leading to possible sanctions.
(Univ. of Immaculate Assumption and Mo. Assumpta
David, RVM vs. NLRC and Axalan, G.R. No. 181146 26
January 2011)

CEAP WATERFRONT NATIONAL 103


ASSEMBLY 2013
QUESTION:
MAY A SCHOOL TERMINATE A
TEACHER WHO FAILS TO
ENCODE MODULAR GRADE
REPORTS AS REQUIRED BY THE
SCHOOL; FAILS TO REPORT FOR
WORK ON TIME; AND
CONTINUOUSLY REFUSES TO
EVALUATE THE STUDENTS'
PERFORMANCE ON THE BASES
OF AN ESTABLISHED GRADING
SYSTEM AS PROVIDED IN THE
SCHOOLS FACULTY MANUAL?104
CEAP WATERFRONT NATIONAL
ASSEMBLY 2013
ANSWER: YES!!!
It is the prerogative of the school to set
high standards of efficiency for its
teachers since quality education is a
mandate of the Constitution.

As long as the standards fixed are


reasonable and not arbitrary, courts are
not at liberty to set them aside.
CEAP WATERFRONT NATIONAL 105
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TOTALITY OF INFRACTIONS RULING:
habitual delinquency
Where the employee
has been found to
have repeatedly
incurred several
suspensions or
warnings on account
of violations of
company rules and
regulations, dismissal
is valid (Villeno vs. NLRC).
CEAP WATERFRONT NATIONAL 106
ASSEMBLY 2013
QUESTION:
May a School
transfer a Dean of
one department to
another department,
giving the latter a
teaching load instead
of deanship
position?
Barba vs. Liceo of Cagayan, G.R. No. 198357, 24 Nov 2012
CEAP WATERFRONT NATIONAL 107
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Complainant Barba was Dean of the College of
Physical Therapy.

The College of Physical Therapy suffered a


dramatic decline in the number of enrollees:

AY1995-1996: 1,121 students


AY 2003-2004: 29 students
AY 2004 to 2005: 20 students enrolled.

Due to the low number of enrollees, respondent


decided to freeze the operation of the College of
Physical Therapy indefinitely.
CEAP WATERFRONT NATIONAL 108
ASSEMBLY 2013
Answer:

YES! In this case, the employees transfer was not


unreasonable, inconvenient or prejudicial to her. On the
contrary, the assignment of a teaching load in the College
of Nursing was undertaken by the school to
accommodate the employee following the closure of the
College of Physical Therapy. The school further
considered the fact that the employee still has two years
to serve the university under the Scholarship Contract
which was granted to the concerned employee before she
was appointed as dean.

CEAP WATERFRONT NATIONAL 109


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QUESTION:

Will it constitute demotion


amounting to constructive
dismissal?

ANSWER: NO.

CEAP WATERFRONT NATIONAL 110


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CEAP WATERFRONT NATIONAL 112
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BULLYING IS --
SEVERE OR REPEATED
USE BY ONE OR MORE
STUDENTS OF A WRITTEN,
VERBAL OR ELECTRONIC
EXPRESSION, OR
PHYSICAL ACT OR
GESTURE, OR ANY
COMBINATION THEREOF

AGAINST WHOM:
ANOTHER STUDENT
CEAP WATERFRONT NATIONAL 113
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CEAP WATERFRONT NATIONAL 115
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DepEd&Order&No.&40,&s.&2012&Policy&and&Guidelines&on&&
Protec<ng&Children&in&School&from&Abuse,&Violence,&&
Exploita<on,&Discrimina<on,&Bullying&and&Other&&
Forms&of&Abuse&

DepEd&Child&Protec<on&Policy&mandates:&
a!zero&tolerance&policy!for!any!act!of!child!abuse,!
exploita5on,! violence,! discrimina5on,! bullying!
and!other!forms!of!abuse;!

private& schools& to& promulgate& a& school& child&


protec<on&policy,!including!a!policy!on!bullying,!a!
protocol! for! repor5ng! and! procedures! for!
handling!and!management!of!cases.!
CEAP WATERFRONT NATIONAL 116
ASSEMBLY 2013
What&is&Child&Protec<on?!
Under& DepEd& Order& No.& 40& s.& 2012,&
Child& Protec<on& refers& to& programs,&
services,& procedures& and& structures&
that& are& intended& to& prevent& and&
respond& to& abuse,& neglect,&
exploita<on,& discrimina<on& and&
violence.&

CEAP WATERFRONT NATIONAL 117


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Prohibited&Acts&under&&&&
DepEd&Order&No.&40&
1.&Child&abuse;&&
2.&Discrimina<on&against&children;&
3.&Child&Exploita<on;&
4.&Violence&Against&Children&in&School;&
5.&Corporal&Punishment;&&
6.&Bullying&or&Peer&Abuse&
CEAP WATERFRONT NATIONAL 118
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What is CHILD ABUSE?
a) psychological or physical abuse, neglect, cruelty,
sexual abuse and emotional maltreatment;
b) any act by deeds or words which debases, degrades
or demeans the intrinsic worth and dignity of a child
as a human being;
c) unreasonable deprivation of the child's basic needs
for survival, such as food and shelter; or
d) failure to immediately give medical treatment to an
injured child resulting in serious impairment of his or
her growth and development or in the child's
permanent incapacity or death. (Section 3(I) of DepEd Child
Protection policy cf. Sec. 3 [b], RA 7610 Special Protection of
Children Against Abuse, Exploitation and Discrimination Act).

CEAP WATERFRONT NATIONAL 119


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The Philippine
educational
system bans
corporal
punishment as a
form of sanction
for errant
students or
pupils.
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Response to inappropriate behavior is by naming
without shaming and blaming, focusing on solutions,
following through, addressing the belief behind the
behavior

Response to dangerous and destructive behavior is a


clear follow through without getting in the way of the
student experiencing the consequence of their action.

Student learning is maximized when the student feels


belongingness and significance in the classroom.

Respect is mutual in relationship in which each person


is equally worthy of dignity and respect.

CEAP WATERFRONT NATIONAL 125


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EMERGING TREND :

STUDENT INFRACTIONS
ARISING FROM INTERNET
AND MEDIA INFLUENCE ON
STUDENT BEHAVIOR

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Cyber-bullying through
Facebook and Multiply
site use

US trends in media-
influenced errant behavior
of students
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CEAP WATERFRONT NATIONAL 128
ASSEMBLY 2013
MAJOR SOURCES OF
INFORMATION AND
COMMUNICATION

MOBILE PHONES
SOCIAL NETWORK SITES
BLOGS
CEAP WATERFRONT NATIONAL 129
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Out of a total 101 Million
population, 33% or approximately
33.6 Million are internet users.

Of these internet users as of 31 March


2012, 27.7 Million are Facebook
users or a 27% penetration among
the total population.
http://www.internetworldstats.com/asia.htm

CEAP WATERFRONT NATIONAL 130


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RECAP FROM OLD
LECTURES

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RECAP FROM OLD
LECTURES

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IF MARANG - Horny Fruit
and PAPAYA - Anti-Horny Fruit

CEAP WATERFRONT NATIONAL 138


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Ms. Emily Abrera
President, Harrison
Communications
Chairman Emeritus,
McCann Worldgroups
Major Conference Session
Jesuit Basic Education
Sesquicentennial Congress
July 13, 2009, Ateneo de Manila
University

CEAP WATERFRONT NATIONAL 139


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Youths Value Systems
Trends: 2000 to 2005

Examining the data by region,


however, we see stark trends

With the exception of Balance Luzon,


teens have shifted their personal
definitions of right and wrong
becoming more tolerant of many
behaviors.

Source: Mc Cann Erickson Study on Whats Your Box:


2006 Intergeneration Study
CEAP WATERFRONT NATIONAL 140
ASSEMBLY 2013
Youths Value Systems
Regional Differences

With other regions (particularly Metro


Manila and Mindanao) having shifted
their stand on various acts from
wrong to less wrong or almost
ok

it seems Balance Luzon has emerged


as the region of the countrys most
conservative teens.
Source: Mc Cann Erickson Study on Whats Your Box:
2006 Intergeneration Study
CEAP WATERFRONT NATIONAL 141
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WHAT IS CYBERBULLYING?

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CYBER-BULLYING
Source: http://www.stopcyberbullying.org/what_is_cyberbullying_exactly.html

"Cyberbullying" is when
a child, preteen or teen
is tormented,
threatened, harassed,
humiliated, embarrassed
or otherwise targeted by
another child, preteen or
teen using the Internet,
interactive and digital
technologies or mobile
phones. CEAP WATERFRONT NATIONAL 143
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DEPED CHILD PROTECTION POLICY
Cyber-bullying - Cyber-bullying is any willful aggressive
behaviour that is directed towards a particular victim who
may be outnumbered, younger, weak, with disability, less
confident or otherwise vulnerable, resulting in
harassment, intimidation or humiliation, through
electronic means or other technology such as, but not not
limited to texting, instant messaging, chatting, internet
and social networking websites.

CEAP WATERFRONT NATIONAL 144


ASSEMBLY 2013
It has to have a minor on both sides, or at
least have been instigated by a minor
against another minor or another person.

Once adults become involved, it is plain


and simple cyber-harassment or
cyberstalking.
Adult cyber-harassment or cyberstalking
is NEVER called cyberbullying.
CEAP WATERFRONT NATIONAL 145
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COMMON FORMS OF
CYBERBULLYING:

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Fake multiply or facebook site with the
maligned person as alleged site owner.
Anonymous bully writes down nasty or
malicious statements under the assumed
CEAP WATERFRONT NATIONAL 148
name of the victim. ASSEMBLY 2013
GOSSIP-GIRL
SYNDROME,
where anonymous
text messages about
the victim, true or
false, are circulated
to the network to
instigate others to
gang up on the
target, or are
directly sent to the
victim, to hurt or
embarrass him/her
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TROLL: someone
who posts controversial,
inflammatory, irrelevant
or off-topic messages in
an online community,
such as an online
discussion forum or
chat room, with the
primary intent of
provoking other users
into an emotional
response or to generally
disrupt normal on-topic
discussion.
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ASSEMBLY 2013
Cyberbulling can also occur when:

Students start maliciously posting


mobile phone photos of their victims or
teachers on the Internet,

Physical threats: Sending messages


that involve threats to a persons physical
safety

posing online as the victim in chat


rooms
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PSYCHOLOGICAL CONSEQUENCES OF
CYBERBULLYING:
fear, anxiety, restlessness.
damage to the victims welfare and physical well-being
low esteem and lacking in self-confidence which may
eventually damage their social worth.
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ASSEMBLY 2013
According to a survey by the
Cyberbullying Research Center (www.
cyberbullying.us), about 20 percent of
students age 11 to 18 surveyed last year
said they'd been cyberbullied at some
point in their lives. In the past year, a
million children were victims of
cyberbullying on Facebook. (Jaser
Marasigan, The Writing on the FAcebook wall, Manila
Bulletin 31 Aug 2011.
http://mb.com.ph/node/332636/the-writing-facebook-wall)

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In college, she went to another school. Unknown to her,
her block mates resented it. They said she did not deserve
to be at the top of the class because she did not actually
belong to that block, being a shifty.

And for that shallow reason, she was treated as an


outcast and was bullied for that whole class year.
Everybody in the class hated her. She tried very hard to
befriend and prove herself but no one listened, not a single
one. The only classmate she thought she could rely on left her
and joined the class in bullying her.

She told her parents about it. They tried to ask for the help
from the university but they did not listen. Millie was so
devastated. The bullying was so much that it became a
trauma to attend her classes and eventually her parents asked
her to stop attending CEAP
classes.
WATERFRONT NATIONAL 155
ASSEMBLY 2013
She became a recluse and was afraid to see other
people including my daughter, until it led to a deep
depression. She became a different person. Gone
was the happy, pretty and intelligent Millie.

Her parents did everything to help her overcome


the depression but the trauma and pain was so
deep that Millie never recovered. Bullying tore her
apart. It caused her lots of pain so that her pure
heart could not take anymore.

One day she decided to end


everything. She was barely 18.
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ASSEMBLY 2013
http://www.bullyingstatistics.org/
content/bullying-and-suicide.html

The statistics
on bullying
and suicide
are alarming:
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Suicide is the third
leading cause of death
among young people,
resulting in about 4,400
deaths per year,
according to the CDC.

For every suicide among


young people, there are
at least 100 suicide
attempts. Over 14 percent
of high school students
have considered suicide,
and almost 7 percent
have
CEAP WATERFRONT attempted
NATIONAL
ASSEMBLY 2013
it. 158
http://www.bullyingstatistics.org/content/bullying-and-
suicide.html

Bully victims are between 2 to 9 times more likely


to consider suicide than non-victims, according to
studies by Yale University.
A study in Britain found that at least half of
suicides among young people are related to
bullying
10 to 14 year old girls may be at even higher risk
for suicide, according to the study above
According to statistics reported by ABC News,
nearly 30 percent of students are either bullies or
victims of bullying, and 160,000 kids stay home
from school every day because of fear of bullying

CEAP WATERFRONT NATIONAL 159


ASSEMBLY 2013
CYBERBULLYING
VICTIM:
GABRIELLE MOLINA,
12-YR FIL-AM,
COMMITTED SUICIDE
LAST 25 MAY 2013

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ASSEMBLY 2013
WHAT CAN BE DONE?
Under the DepEd Child Protection
Policy, the School shall be
responsible for promulgating a
child protection policy, including
a policy on bullying, and
protocols for reporting and
procedures for handling bullying
cases
CEAP WATERFRONT NATIONAL 161
ASSEMBLY 2013
NAMES OF STUDENTS WHO COMMIT
BULLYING SHALL BE KEPT STRICTLY
CONFIDENTIAL

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PRELIMINARY PROTOCOL
FOR THE SCHOOL TO
TAKE IN THE EVENT OF
BULLYING:

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CEAP WATERFRONT NATIONAL 165
ASSEMBLY 2013
Notify both the parents or
guardians of the perpetrator,
and of the victim, to prevent
any further acts of bullying.

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ASSEMBLY 2013
ESTABLISHMENT OF CHILD
PROTECTION COMMITTEE (CPC)
Multi-sectoral Composition:

1. School Head/Administrator Chairperson


2. Guidance Counselor/ Teacher Vice Chairperson
3. Representative of the Teachers as designated by the
Faculty Club
4. Representative of the Parents as designated by the
PTA
5. Representative of Pupils/Students as designated by
the Supreme Student Council
6. Representative from the Community as designated
by the PunongBarangay.
CEAP WATERFRONT NATIONAL 167
ASSEMBLY 2013
Functions of CPCs:
Initiate information dissemination programs and organize
activities for the protection of children;

Establish a system for identifying students who may be


suffering from significant harm based on any physical,
emotional or behavioral signs;

Monitor the implementation of positive measures and


effective procedures in providing the necessary support
for the child and for those who care for the child; and

Ensure that the childrens right to be heard are respected


and upheld in all matters and procedures affecting their
welfare. CEAP WATERFRONT NATIONAL 168
ASSEMBLY 2013
COMPLAINT
School Head/
Principal

Child Protection
Committee
Referral System Monitoring
(coordination of System
immediate response) Consolidate reports on
Other assistance Central Office incidents and cases of
all schools and submit a
For possible filing Division Report to the
of criminal action
NGOs and Regional Office
other Consolidate reports on
PNP government Regional Office
incidents and cases of
(Women and agencies the Division Offices
Childrens within the Region and
Protection Desk Assessment submit a Regional
Psycho-social intervention Report to the
Protective measures Undersecretary for
Legal and Legislative
Affairs
DSWD Regional
LSWDO Office (Crisis Central repository of
Central Office Regional Reports
Intervention Units)
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The initial signs may be subtle.

First, Daddy pulls up to school midday


asking to check in on how his child is
doing.

Mommy swings by to drop off extra snacks


and a missing homework assignment.

Next, you hear theyve telephoned the


principals office to ensure that their child is
being sufficiently challenged.

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WHAT ARE
HELICOPTER
PARENTS?

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In elementary school,
these are the parents
who hang around after
the bell rings and elbow
out any other would-be
parent volunteers.

They follow their kids


grades meticulously,
demanding to know the
results of every
assignment and quiz, no
matter how small.
CEAP WATERFRONT NATIONAL 173
ASSEMBLY 2013
In high school, they keep tabs on their
kids via cell phone, texting them during
class.

Along the way, theyre helping their


kids complete their assignments, from
math worksheets to college essays,
and placing unprecedented demands
on teachers.

CEAP WATERFRONT NATIONAL 174


ASSEMBLY 2013
Helicopter parents seem to be
ever-present, sometimes
using their children as
mouthpieces.

When students arent happy


with class rules, they threaten
to tell Mom or Dad. Then
youll be fired, the kids
tell their teachers.

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ASSEMBLY 2013
HOW YOU CAN GROUND THE
HELICOPTERS?

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ASSEMBLY 2013
Validate Parents Concerns, but
Establish Boundaries
Helicopter parents conflate love for their children with
their own anxiety. Be sensitive to that and
acknowledge how much parents really do care.

The first step is to always exude confidence, as a


nervous teacher leaves parents trust shaky.
Radiate the air of Im in charge, Ive got the
classroom under control and that will diminish
parents anxiety

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ASSEMBLY 2013
When a parent comes to you with a concern, dont
say, Really? I dont think we need to meet about
that matter. You will look like youre apathetic or
distracted and the parents will only get more
worked up.

It would be better to send home a letter that


explains how parents can communicate their
questions and concerns and what your protocols
are for getting back to them.

For example, you can request parents summarize


their problem in a one-sentence e-mail and promise
youll be sure to respond within 48 hours.

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ASSEMBLY 2013
Set down rules ahead of time, to
manage expectations. --
Dont wait until youre exasperated to establish a no-
grade-change policy.

Set your grading policies and classroom rules at the


start of classes. Make your expectations clear, advises
Wiseman, so that if a parent contacts you over a sub-
par grade or discipline matter, you both are not just
basing this on a he said, she said thing.

Instead, you can point out that your rules clearly state
that late assignments automatically suffer one full letter
grade or that text messaging in class results in a
CEAP WATERFRONT NATIONAL 179
detention. ASSEMBLY 2013
Show Parents That Kids Have To
Experience Consequences
Experiencing what happens when you forget
your homework or receive a bad grade is
exactly what kids need to develop a sense of
responsibility and self-mastery. Nothing may
be more wrenching for a parent than to see
their child in pain, but sheltering kids
from the inevitable hardships of life
hurts them more.
CEAP WATERFRONT NATIONAL 180
ASSEMBLY 2013
CEAP WATERFRONT NATIONAL 181
ASSEMBLY 2013
http://www.smh.com.au/national/education/teachers-
taught-to-ground-helicopters-20130427-2ilb7.html;

Putting Parents In Their Place: Outside Class


http://www.washingtonpost.com/wp-dyn/content/article/
2006/03/20/AR20060320011672.html

Read more:
http://www.smh.com.au/national/education/teachers-
taught-to-ground-
helicopters-20130427-2ilb7.html#ixzz2V43Mf9pF

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CEAP WATERFRONT NATIONAL 183
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Yap Chin Fah vs. CA, G.R. No. 90063. 12
December 1989 (per Atty. Ulan Sarmientos lectures).
Lastly, where relations between parents and students on
the one hand, and teachers and administrators upon the
other hand, have deteriorated to the level here exhibited, a
private school may, in the interest of the rest of the
student body and of the faculty and management as a
whole, and of the children of the parents affected,
require the affected children to be enrolled
elsewhere. The maintenance of a morally conducive and
orderly education environment will be seriously imperiled if,
under the circumstances, the school is forced to admit
petitioners children and to reintegrate them into the student
body.
CEAP WATERFRONT NATIONAL 184
ASSEMBLY 2013
FOR FURTHER QUESTIONS:
PLEASE EMAIL OR CALL:

Ada D. Abad
Cell: 0917-526-9732
ada.abad@gmail.com
Ofc: +632-844-0583/
+632-843-8621
CEAP WATERFRONT NATIONAL 185
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