Current Legal Issues in Educationn

7/30/2019 Current Legal Issues in Educationn

1/96

Current Legal

Issues inEducation


2/96

I. Student Matters

A. Student Discipline

B. Right to Quality Education

vis--vis Obligation to Pay

Tuition and Other Fees


3/96

Section 74. Author ity to Maintain

School Discipl ine. Every private school

shall maintain good school discipline

inside the school campus as well as

outside the school premises whenpupils or students are engaged in

activities authorized by the school.

MRPS (DECS Order No. 92, s. 1992)

Legal Basis of Schools Authority to Discipline


4/96

REASON:

For a school system to function

properly, the conduct of pupils

must conform to conditions thatare conducive to learning.


5/96

The Supreme Court in the case of

Phi l ippine School of Business Administration

vs. CA--Certainly, no student can absorb the

intricacies of physics or higher mathematics

or explore the realm of the arts and otherservices when bullets are flying or grenades

exploding in the air or where looms around

the school premises a constant threat to life

and limb. Necessarily, the school must ensurethat adequate steps are taken to maintain

peace and order within the campus premises

and to prevent the breakdown thereof.


6/96

How far does the schools

author ity to maintain schooldiscipl ine among its community

members, particular ly its

students, extend?

Extent of School Authority to Discipline


7/96

It is undisputed that the school candiscipline its community members

within the school campus during class

hours.

Whether that authority applies even

outside of the school premises and classhours, the Supreme Court said--

ANSWER


8/96

x x x It is the better view that there are

instances when the school might be called upon

to exercise its power over its students x x x foracts committed outside the school and beyond

school hours in the following:

a) In cases of violations of school policies orregulations occurring in connection with

a school-sponsored activity off-campus;

b) In case where the misconduct of the

student involves his status as a student or

affects the good name or reputation of

the school.


9/96

Therefore when students misbehave

outside the campus and the misconductcomplained of directly affects the

offenders status as a suitable member of

that community, there is no reason why

schools may not impose disciplinary

sanctions on him.


10/96

Section 75. Imposition of DisciplinaryAction. School officials and academic

personnel shall have the right to impose

appropriate and reasonable disciplinary

measures in case of minor offenses or

infractions of good discipline committed in

their presence. However, no cruel or

physically harmful punishment shall beimposed or applied against any pupil or

student.

Imposition of Sanctions


11/96

As parents, the teachers

shall use discipline not to

punish but to correct, not to

force, but to motivate; andnot to obey with rigid

cadence, but to choose to

follow the right way.

BASIC RULE


12/96

Hence, schools cannot

generally use methods of

punishing or such

degree of penalties that

a good mother or a goodfather would not likely

use on her/his own

children.


13/96

The legality of some of these penalties

shall be discussed presently.

1) Fine

This penalty is usually imposed on

students who violate internal traffic,

cleanliness, and other rules and regulations.

Only two requisites must be complied with

before this penalty may be legally imposed.

Common Types of Penalties for Minor

Offenses


14/96

2) Extra Work

Authorities agree that there is no legal action to

compel a person to do something against his will.

Thus, a student of majority age may not be

subjected to a sanction that would oblige him to

act against his will. However, minor studentswho have not been emancipated from parental

authority fall under partia potestasand therefore

are obliged to obey their parents so long as they

are under parental power, and to observe respect

and reverence toward them always.


15/96

3) Corporal Punishment

Article 233 of the Family Code provides that--

In no case shall the

school administrators,

teacher or individual

engaged in child care

and exercising special

parental authority,

inflict corporalpunishment upon the

child.


16/96

4) Grade Reduction

School authorities and teachers cannot reduce

the grade of a student because of his misconductbecause the measure of academic achievement

must not be based on conduct. Otherwise, the

teacher or the school administration shall be

unable to properly diagnose the student. BatasPambansa Blg. 232 provides that--

Every teacher shall

x x x x x x5. Refrain from making deductions in

students scholastic rating for acts that are

clearly not manifestation of poor scholarship.


17/96

Section 79 of the MRPS clearly

prevents the reduction of a students

grade for misconduct. The only

exception to this rule is when the

offense committed is relevant to theacademic subject in which the

students grade was reduced.

Therefore, an elementary schoolchild

may suffer a reduction in hisCharacter Education grade if he is

guilty of misconduct (see Section 79,

MRPS).


18/96

Section 76. Fil ing of Administrative Action.When the offense committed is serious x x x the

school head shall cause the filing of the

corresponding administrative action against the

erring pupil or student. No disciplinarysanction shall be applied upon any pupil or

student except for cause as defined in the rules

and regulations of the school or in this Manual,

and after due process shall have been observed.

The punishment shall be commensurate with

the nature and gravity of the offense.

Sanctions for Grave Offenses


19/96

Section 77. Categor ies of Administrative

Penalties. The three categories ofdisciplinary administrative sanctions for

serious offenses or violation of school

rules and regulations which may be

applied upon an erring pupil or student

are: Suspension, Exclusion and Expulsion.

(Note: Also Non-Readmission)


20/96

Three (3) requirements before disciplinary

sanction (Section 77) may be imposed:

a) Must be for cause as

defined

b) Observance of dueprocess

c) Punishment must be

commensurate


21/96

I. Must be for cause as defined in the printed

rules and regulations of the school or in the

MRPSSection 78. Authority to Promulgate

Discipl inary Rules. Every private schools shall

have the right to promulgate reasonable norms,

rules and regulations it may deem necessary and

consistent with the provisions of this Manual for

the maintenance of good school discipline and

class attendance. Such rules and regulationsshall be effective as of the date of promulgation

and notification to students in an appropriate

school issuance or publication.


22/96

A written code of

discipline containsan enumeration of

specific offensesand their

corresponding

penalties.


23/96

What if the misconduct is

not defined and penalized by

written school rules, may the

student still beadministratively charged for

said act or omission?


24/96

* Two types of offenses

i) Generally accepted acts and/or omission

that are subject to disciplinary actionand imposition of sanctions;

ii) Acts and/or omission which by certain

school rule of conduct and standard ofmorality are subject to disciplinary

action and imposition of sanctions.

Depends on the Type of Offense

Committed


25/96

For the student to be

disciplinary charged forsaid offense -- the first

need not be expressed in

the printed school rulesand regulations. The

latter need to be defined

and penalized.


26/96

The framers of our Constitution

placed due process first among the

provisions of the Bill of Rights.The section states--

No person shall be

deprived of life, liberty orproperty without due

process of law.

Requirement of Due Process

II. After due process shall have been observed


27/96

Therefore, when a studentcommits a serious offense that

entails the imposition of an

administrative penalty as severeas suspension, non-readmission,

exclusion or expulsion, he must

first be accorded due process.


28/96

There is no justification for the

denial thereof, not even if the

offense was committed in thepresence of faculty members or

other school authorities.


29/96

In Diosdado Guzman, et al. Vs. National

University, et al., the Supreme Court laid

down the minimum standards that must bemet to satisfy the demands of procedural due

process in student disciplinary hearings:

1) The students must be informed in writingof the nature and cause of any accusation

against them;

2) They shall have the right to answer thecharges against them, with the assistance

of counsel, if desired;


30/96

3) They shall be informed of the evidence

against them;

4) They shall have the right to adduce evidencein their own behalf; and

5) The evidence must be considered by the

investigating committee orofficial designated by the

school authorities to hear

and decide the case.


31/96

III. The punishment shall be commensurate with

the nature and gravity of the offense

Although school authorities may have

strictly complied with the minimum

requirements of due process, courts may

still INVALIDATE penalty imposed if

NOT commensurate to the nature and

gravity of the offense.


32/96

Courts Do Not Intervene With Factual Findings

of Schools Except

a) Finding is based on speculation;

b) Inferences made are

BLATANTLY mistaken, absurdor impossible;

c) Grave abuse of discretion;

d) Misapprehension of facts;

e) The tribunal, in arriving at its findings, goes

beyond the issues of the case, AND

f) If there is clear showing of denial of DUE

PROCESS

CONCLUSION


33/96

Article XIV, Sec. 1, 1987 Constitution

The State shall protect and promote

the right of all citizens to quality education

at all levels and shall take appropriatesteps to make such education accessible

to all.

B. Right to Quality Education vis--vis

Obligation to Pay Tuition and Other Fees


34/96

What is QUAL ITY EDUCATION?

x x x making sure that basic education

is really solid, because if it is not solid, it

affects the quality of secondary

education. If secondary education ispoor, then the person goes to college

unprepared for college work. And if he is

allowed to graduate again with a poor

quality college education, he goes touniversity professional education even

more unprepared.

- Rev. F r. Joaquin Bernas, SJ


35/96

In short

A school, before

promoting or

graduating a student,

must be sure thathe/she (the student)

is functionally literate

to go through next

higher level.


36/96

Two (2) Basic Methods of Ensuring Quality

Education

1. Continuous Evaluation of Faculty and

Staff Competence and Efficiency

2. Evaluate Students: Determine Level of

Learning Competencies


37/96

To ensure Quality Education:

1) Must be COMPETENT and EFFICIENT

Code of Ethics for Professional Teachers,Article IV, Section 2

Every teacher shall uphold the

highest possible standards ofquality education, shall make the

best preparation for the career of

teaching, and shall be at his best at

all times in the practice of his

profession.


38/96

BP 232 (Education Act of 1982), Section 16 (2)

provides

The teacher shall xxx be accountable

for efficient and effective attainment ofspecified learning objectives xxx.

Code of Ethics further mandates that

Every teacher shall participate in thecontinuing professional education (CPE)

program of the PRC, and shall pursue such

other studies as will improve his efficiency,

enhance the prestige of the profession, and

strengthen his competence, virtue and

productivity in order to be nationally and

internationally competitive.

(Ar ticle IV, Section 3)


39/96

A teacher shall ensure that

conditions contributive to themaximum development of

learners are adequate and shall

extend assistance in preventingor solving learners problems

and difficulties.

(Article IV, Section 3)


40/96

To ensure Quality Education:

Teacher is obliged to:

Section 16 (2), BP 232

Be accountable

for efficient andeffective

attainment of

specified learningobjectives x x x.


41/96

In short

A teacher is expected to be efficient and

competent in the performance of his academic

duties at all times. Otherwise,A teacher who has consistently shows his

inability to efficiently perform his duties and

responsibilities, within a common performancestandards should not be allowed to stay in school

xxx.

The MRPS provides as just cause ofterminating a faculty

Gross inefficiency and incompetence in the

performance of his duties xxx.

(Section 3 (a))


42/96

In Evelyn Pena vs. NLRC, the SC said

x x x schools can set high

standards of efficiency for its

teachers since quality

education is a mandate of the

Constitution x x x (s)ecurityof tenure x x x cannot be

used to shield

incompetence.

Duty to continually evaluateteachers


43/96

Evaluate Student Competence (Giving of

Grades) Students Have Right

Section 16 (5), BP 232--

Refrain from making deductions

or additions to students scholastic

ratings for acts that are clearly NOTmanifestation of scholarships.


44/96

MRPS Section 79

Basis for Grading.

The x x x grade or rating x

x x in a subject should be

based solely on hisscholastic performance.

Any addition or diminution

to the grade in a subject

for co-curricular activities,attendance, or misconduct

shall not be allowed x x x.


45/96

Section 16 (3), BP 232

Render regular

reports on

performance of eachstudent and to the

latter and latters

parents x x x.

and Report to Students and Parents--


46/96

Students have the RIGHT

Section 9 (4)

x x x to access to

school records x x x.

and Section 9 (5)

x x x issuance of

(school records) within30 days from request.

In Reporting--


47/96

WRONG to demand quality education from private

school and be evaluated of his/her scholasticcompetence and be given access to school records if

students refuse to pay tuition and other school fees.

One must x x x recognize

that it costs money to maintain

high standards of education x

x x. (A)s to private schools,

what is demandable of them isonly commensurate to the

tuition and fees they are

allowed to charge and the

student is able to afford.

But


48/96

In Julia L. Tan, et al. vs. CA, the SC held

x x x since (parents of

students) have failed to

comply with the conditions

and prerequisites foradmission, i.e. x x x

payment of duly approved

tuition fees x x x the school

cannot be regarded ashaving acted arbitrary or

capriciously in refusing to

re-enroll (their) children.


49/96

Paragraph 119, Manual of Information for

Private Schools provide

x x x When a student fails

to meet his financial

obligations, the schoolshould drop him from the

rolls. But when he is allowed

to remain in school until the

end of the term he should notbe deprived of the

examinations. The school

may, however, withhold x x his

final grade xxx


50/96

Withhold ing of Credent ia ls The

release of x x x (school records) of any

pupil or student may be withheld for

reasons of x x x NON-PAYMENT OF

FINANCIAL OBLIGATIONS or PROPERTYRESPONSIBILITY of the pupil or student to

the school. The (records) shall be released

as soon as his obligations shall have been

settled x x x. Principle involved: TACIT

RESOLUTORY CONDITION (Civil Code,

Art. 1191)

Section 72, MRPS--


51/96

It is suggested that the students/

parents be duly informed in writing

before enrollment that FAILURE to pay

the school fees shall give the school

the authority/right to rescind theenrollment contract and deny the

student concerned his continued stay in

school.


52/96

To recognize without reservation, the authority of_____________ School to bar or not to allow our

child/children from entering the school campus and

attending his/her classes in case we fail to pay two

(2) consecutive installments of the due anddemandable tuition and other school fees as

indicated in the current schedule of payment and

that he/she shall only be readmitted as soon as the

tuition and other school fees are paid; provided

however, that our child will be solely responsible inkeeping up with the lessons, assignments and taking

examinations given during the school days our child

was not allowed to enter and attend classes.

This should be included as part of the the

enrollment form:


53/96

Absences/Tardiness

to be considered valid

causes for terminationunder Section 94 of

MRPS, Section 78 of

TVET Manual and

Article 283 of the LaborCode, absences and

tardiness must be

habitual and inexcusable.

INEFFICIENCY AND INCOMPETENCE

II. School Personnel Matters


54/96

ISSUE:

When is there HABITUALITY in the absences

and tardiness?ANSWER

1) School policy may fix a maximum number

of absences or tardiness, in excess of which

shall be considered as habitual and hence, ifalso inexcusable, shall be tantamount to

inefficiency and incompetence.

N.B.

Policy must be made known to all personnelconcerned

The maximum number must be reasonable.


55/96

2) In the absence of an existing school policy,

the maximum number of absences for students

as provided for in Section 73 of MRPS may beapplicable.

REASON:

Rule in Section 73 is based on the presumptionthat a student needs to attend at least 80% of class

days or hours to complete the course.

Hence, if a teacher incurs absences of more than

20% of his class hours, then the teacher failed tocomplete the course. Such is incompetence in its

HIGHEST FORM.


56/96

ISSUE:

What if the frequency of absences is Habitual in

character but EXCUSABLE? Can teacher be

terminated?

ANSWER

Supreme Court said--

A working mother who has to frequently

absent because she has also to take care of

her child may also be removed because of

her poor attendance, x x x however, theaward of separation pay would be sustained

under the social justice x x x. (PLDT vs.

NLRC, 164 SCRA 671)


57/96

ABANDONMENT (absence from work and

deliberate intent to discontinue to return)

Two (2) Requisites

(a) Absences without

authority(b) Intention not to

return


58/96

Two (2) Letter Principle

How to declare ABANDONMENT?

As soon as a teacher starts to incur

absences continuously without

official leave or authority--

send 1st letter requiring him to

report immediately and explain;

AND

send 2nd letter informing himof termination due to

abandonment


59/96

N.B.

Unless employee is

sent the secondletter of termination,

he/she remains an

employee Hence, ifhe/she comes back,

the right to his/her

position may stilllegally exist no

matter how long the

absence.


60/96

NEGLECT OF DUTY

Neglect is defined as the failure to carry

out an expected or required action throughcarelessness or by intention.

As a rule, Neglect ofDuty, to be ground

for termination, must be both GROSS and

HABITUAL.

Single or isolated acts of negligence do not

constitute just cause for dismissal

But if the negligent act results to substantial

loss/damage to property or injury to person,

habituality is NOT necessary to justify

dismissal

F il t E i P t l R ibilit


61/96

Failure to Exercise Parental Responsibility

The school, its administrators and teachers, x x

x engaged in child care shall have special parental

authority and responsibility over the minor child

while under their supervision, instruction or

custody.

Authority and responsibility shall apply to all

authorized activities whether inside or outside the

premises of the school, x x x.

Ar ticle 218, Family Code

A teacher shall recognize that the interest andwelfare of learners are his first and foremost

concern, and shall handle each learner justly and

impartially.(Ar ticle VI I , Section 2)


62/96

Clearly, a teacher or school

personnel required to exercise

special parental responsibility butwho fails to observe all the

diligence of a good father of a

family in the custody and care ofthe pupils and students, shall be

held liable for gross neglect of

duty.

P t l R ibilit


63/96

Parental Responsibility

The student while in school, is in the

custody and hence, the responsibility of theschool authorities as long as he is under

the control and influence of the school,

whether the semester has not yet begun or

has already ended.

In Amadora vs. CA, the Supreme Court said-

Even if the student is just relaxing in

the campus x x x the student is still within

the custody and subject to the discipline

and responsibility of the teachers x x x.


64/96

Unreasonable Delay to Submit Students Grades

A teacher should be held answerable

for failure to submit grades or reportson time in accordance with the

reasonable deadline.

BP 232 mandates that teachers shall

(r)ender regular reports on

performance of each student and to

the latter and the latters parents orguardians with specific suggestions

for improvement.


65/96

In the recent case ofUniversi ty o f the East

vs . Romeo A . Jader, the Supreme Court, in

no uncertain terms, declared--

The court takes judicial notice of the

traditional practice in educational

institutions wherein (teacher) directly

furnishes x x x students their grades. It

is the contractual obligation of the

school (through the teachers) to

TIMELY INFORM AND FURNISHsufficient notice and information to each

and every student x x x.


66/96

x x x The negligent

act of a (teacher) who

fails to observe the rulesof the school, for

instance, by not

promptly submitting astudents grade is not

only imputable to the

teacher but is an act ofthe school being his/her

employer x x x.


67/96

Neglect to Keep School Records

School Personnel do have the dutyto keep the school records of each of

his students.

Duty is based on thepupils/students or their parents

rights to access to their own school

records and the issuance thereof at

least within thirty (30) days fromrequest.


68/96

IMMORALITY

School employees,

particularly teachers and other

academic personnel, are

definitely bound by the rule

that immorality is a validcause for termination. For as

teachers, they serve as an

example to the pupils and the

students, especially duringtheir formative years.


69/96

TEACHERS AS PROFESSIONALS

Duly licensed professionals whopossess dignity and reputation with high

moral values as well as technical and

professional competence. In the practice

of their noble profession, they strictlyadhere to observe, and practice this set

of ethical and moral principles, standard

and values.(Preamble, Code of Ethics for

Professional Teachers)

E t h h ll it bl


70/96

Every teacher shall merit reasonable

social recognition for which purpose he shall

behave with honor and dignity at all timesand refrain from such activities as gambling,

smoking, drunkenness and other excesses,

much less illicit relations.

(Code of Ethics, Ar ticle I I I , Section 3)

A teacher shall place premium upon self-

respect and self-discipline as the principle of

personal behavior in all relationships with

others and in all situations.

(Code of Ethics, Article XI , Section 2)

A t h h ll i t i t ll ti


71/96

A teacher shall maintain at all times a

dignified personality which could serve as

model worthy of emulation by learners,peers, and others.

(Code of Ethics, Ar ticle XI , Section 3)

Joseph Santos vs NLRC Hagonoy Insti tute I nc


72/96

Joseph Santos vs. NLRC, Hagonoy Insti tute, I nc.

As teacher, (one) serves as an example to

his/her pupils xxx.Consequently xxx teachers must adhere to the

exacting standards of morality and decency. xxx A

teacher both in his official and personal conduct

must display exemplary behavior.

He must freely and willingly accept restrictions

on his conduct that might be viewed irksome xxx

the personal behavior of teachers, IN AND

OUTSIDE THE CLASSROOM, must be beyond

reproach xxx they must observe a high standard of

integrity and honesty.

SERIOUS MISCONDUCT


73/96

SERIOUS MISCONDUCT

Misconduct is improper or wrong

conduct. It is the transgression of someestablished and definite rule of action, a

forbidden act, a dereliction of duty.

Giving Failing Students Passing Grades They

Did Not Deserve

Section 79 of the MRPS provides that the

final grade or rating given to a pupil orstudent in a subject should be based solely on

his scholastic performance.


74/96

Thus, it is not a matter of discretion

on the part of the teachers in the giving

of the students grades, but rather it isa clear obligation for the teachers to

determine student academic marks

solely based on scholastic performance.For a teacher to do otherwise, would be

serious academic malpractice or grave

misconduct in the performance ofhis/her duties.

Infl encing a Co Fac lt to Change Grade


75/96

Influencing a Co-Faculty to Change Grade

In the case ofWilfredo T. Padil la vs . NLRC

and San Beda College, the Supreme Courtsaid--

This Court is convinced that the

pressure and influence exerted bypetitioner on his colleague to change

a failing grade to a passing one, x x x

constitute serious misconduct, which

is a valid ground for dismissing an

employee.

Failure to Maintain Confidentiality of School


76/96

Failure to Maintain Confidentiality of School

Records

BP 232 provides that the students shall havethe right to x x x the CONFIDENTIALITY of

(their school records) which the School shall

maintain and preserve.

Confidentiality covers only STRICTLYconfidential records

1) Personal records

2) Academic

records/ reports

3) Birth Certificates

4) Adoption papers

5) Medical/guidance

reports

6) Disciplinary records

Sale of Tickets; Collection of Contribution/


77/96

Sale of Tickets; Collection of Contribution/

Donations from Pupils / Parents

BP 232, Sec. 9 (9) - students have right to be freefrom (voluntary) involuntary contributions

Improper or unauthorized solicitation of

contributions from parents and school

children

VIII, 5. A teacher shall not accept, directly

or indirectly, any remuneration from

tutorials other than what is authorized

for such service.

Anita Y Salvarr ia vs Letran College et al


78/96

Anita Y. Salvarr ia vs. Letran College, et al .

(296 SCRA 184)

The Supreme Court declared--

Petitioner contended that her

dismissal was arbitrarily x x x, having

been effected without just cause, on thepremise that the solicitation of funds x

x x was initiated by the students and

that her participation was merelylimited to approving the same. x x x


79/96

If there is one person more

knowledgeable of x x x policy againstillegal exactions from students, it

would be x x x Salavarria.

Hence, regardless of who initiated

the collections, the fact that the same

was approved or indorsed by

petitioner, made her in effect theauthor of the project.

C t ti L f St d t /P t


80/96

Contracting Loans from Students/Parents

x x x the Department considers theact of teachers in x x x contracting

loans from parents of their students x

x x not only a serious misconduct

based on Art. 282 (a) of the Labor

Code, but is likewise a violation of a

students right x x x to be free from

involuntary contribution x x x (Sec. 9(9) of BP 232).

Usec. Antonio E.B. Nachura

CONTRACTING LOANS IS GRAVE OFFENSE


81/96

CONTRACTING LOANS IS GRAVE OFFENSE

because reprehensiblebehavior such as the use of

trust relationship as leverage

for borrowing money is

involved.

to avoid exertion

of undue influence by

teachers over thestudents or their

parents

WILLFUL DISOBEDIENCE


82/96

WILLFUL DISOBEDIENCE

The orders, regulations, or instructions of

the employer or representative must be:

1. Reasonable and lawful

2. Sufficiently known to the employee;

and

3. In connection with the duties which

the employee has been engaged to

discharge

Refusal to Relinquish Teaching as Required by


83/96

Refusal to Relinquish Teaching as Required by

School Administration

In Cruz vs . Medina, a faculty who rosefrom the rank to the Deanship, but refused

to relinquish her teaching load even after

accepting the Deans position and required

to by Administration the Supreme Court

stated--

x x x Considering the fact that she was

holding a managerial position, her refusalto abide by the lawful orders of her

employers would lead to the erosion of

the trust and confidence reposed on her.

ISSUES


84/96

Disobedience to Transfer

-- It is managements prerogative to transferan employee from one office to another

within the school system, provided that it

does not amount to a demotion in rank or

diminution in pay.

-- Only limitation is mala f ides. That is, the

employer cannot exercise this right is where

it is vitiated by improper motive;

-- Employee may disobey an inconvenient

transfer.

Refusal to Accept Promotion


85/96

Refusal to Accept Promotion

- This is not insubordination. No

law exists compelling the

acceptance of a promotion, since

this takes the nature of a gift which

a person has the right to refuse.

- A transfer may be refused by the

employee if the transfer is coupled

with or is in the nature of a

promotion.

REQUIREMENT OF DUE PROCESS


86/96

REQUIREMENT OF DUE PROCESS

For termination of employment, the

following standards on just causes as

defined in Article 282 of the Labor Code:

a) A written notice served on the

employee specifying the ground fortermination, and giving employee

reasonable opportunity to explain

his side;


87/96

b) A hearing during which the

employee is given the opportunity to

respond to the charge, present hisevidence or rebut the evidence

presented against him; and

c) A written notice of termination

served indicating that upon due

consideration of all the

circumstances, grounds have beenestablished to justify his

termination.

SAMPLE NOTICE:


88/96

Pursuant to the pertinent provision of the Manual

of Regulations for Private Schools and the Labor

Code, you are hereby charged of ________________,an offense punishable by ____________, which was

allegedly committed as follows:

(Attached copy of the complaint, if any)

Considering the foregoing, you are herebyrequired to explain in writing within three (3) days

from receipt of this notice why no disciplinary action

should be taken against you. Failure on your part to

answer said charges within the prescribed period

shall be deemed a waiver of your right to be heard

and the case shall be resolved on the basis of the

evidence available at hand.

Very truly yours,

The SERRANO DOCTRINE


89/96

The SERRANO DOCTRINE

In Serrano vs. NLRC and Isetann

Department Store, payment of backwagesno longer limited to 3 years only.

x x x We hold, therefore, that, with

respect to Art. 283 of the Labor Code, theemployers failure to comply with the

notice requirement does not constitute a

denial of due process but a mere failure to

observe a procedure for the termination ofemployment which makes the termination

of employment merely ineffectual.


90/96

Halleys Comet

A memorandum, as it goes

down the chain of command

in an educational institution.

SUBJECT : Operation Halleys Comet


91/96

p y

FROM : Chairman of the Board of Trustees

TO : The President

Tomorrow evening at approximately

eight (8) p.m., Halleys Comet will be visible

in this area, an event which occurs only once

every seventy five (75) years. Have the

students fall out in the football field in

uniforms and I will explain this rare

phenomenon to them. In case of rain, wewill not be able to see anything, so assemble

the students in the auditorium and I will

show them film of it.


92/96

FROM : The President

TO : Vice President for Academic Affairs

By order of the Chairman of the

Board, tomorrow, at eight in the evening,

Halleys Comet will appear above thefootball field, if it rains, fall the students

out in uniforms. Then lead them to the

auditorium where the rare phenomenonwill take place, something which occurs

only once every seventy five years.

FROM : Vice President for


93/96

FROM : Vice President for

Academic Affairs

TO : College Dean

By order of the Chairman of the

Board, in uniform, at eight oclockin the

evening tomorrow, the phenomenalHalleys Comet will appear in the

auditorium. In case of rain in the

football field, the Chairman of the Boardwill give another order, something which

occurs once every seventy five years.


94/96

FROM : Dean of College

TO : Academic Coordinators

Tomorrow at eight oclock in the

evening, the Chairman of the Board will

appear in the auditorium with HalleysComet, something which happens every

seventy-five years. If it rains, the

Chairman of the Board will order theCOMET into the football area in

uniform.


95/96

FROM : Academic Coordinators

TO : Department Heads

When it rains tomorrow at eight in the

evening, the phenomenal, seventy-five

year old Chairman Halley, accompaniedby the President will drive his Comet

thru the football field area theater in

uniform.


96/96

-END-

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