K-12 = ?
FINDING ANSWERS TO LEGAL ISSUES
AND LABOR CONCERNS
Atty. Joseph Noel M. Estrada
DECLARATION OF POLICY
Article XIV, Section 2(1) of the 1987 Philippine
The State shall establish, maintain, and support
a complete, adequate, and integrated system of
education relevant to the needs of the people
SEC. 3. Basic Education. Basic education is
intended to meet basic learning needs which
provides the foundation on which subsequent
learning can be based. It encompasses
kindergarten, elementary and secondary
education as well as alternative learning systems
for out of-school learners and those with special
Culled from Sec. 4(b) of REPUBLIC ACT NO.
9155, “GOVERNANCE OF BASIC EDUCATION,
ENHANCED BASIC EDUCATION
one (1) year of kindergarten education
six (6) years of elementary education
six (6) years of secondary education
Secondary education includes:
four (4) years of junior high school, and
two (2) years of senior high school
THREE (3) STAGES IN BASIC EDUCATION
ENHANCED BASIC EDUCAITON
• R.A. 10157, “Kindergarten Act of 2012” –
Institutionalization of Kindergarten Education.
• Elementary Education- compulsory; second
stage; fixed at six years (no longer usually 6 or
7); entrants are typically 6 year olds
• Secondary Education- compulsory third stage;
Junior HS and Senior HS; 14 and 16 year old
• Confirms the institutionalization of mandatory
• Fixes Elementary education to 6 years;
• Basic Education now includes junior high
school and senior high school; and
• Secondary education is made “compulsory”.
Compulsory Secondary Education?
Art. XIV, Constitution, Section 2. The State shall:
“Establish and maintain, a system of free public
education in the elementary and high school
levels. Without limiting the natural rights of
parents to rear their children, elementary
education is compulsory for all children of
Elementary Education Act of 1953
SECTION 5.It shall be compulsory for every
parent or guardian or other person having
custody of any child to enrol such child in a
public school, the next school year following the
seventh birthday of such child, and such child
shall remain in school until the completion of an
elementary education SUBJECT TO EXCEPTIONS.
By making secondary education compulsory, it
creates an obligation that is legally
But whose primary obligation is it to provide
elementary and secondary education?
The State recognizes its primary legal obligation
to provide a free elementary and secondary
education under Art. XIV Sec. 2 of the
It is therefore compulsory for parents to keep
their children in school as long as the
government can provide free public schools,
which now includes secondary education.
• Revised Penal Code, Art. 277. Abandonment
of minor by person entrusted with his custody;
indifference of parents. — The penalty of
arresto mayor and a fine xxx
• shall be imposed upon the parents who shall
neglect their children by not giving them the
education which their station in life require
and financial conditions permit.
NO TO MOTHER TONGUE!
YES TO MOTHER LANGUAGE!
Kinder and Grades 1-3 teaching materials shall
be in native language
Grades 4-6- DepEd shall introduce mother
language transition program introducing Filipino
Mother Language – refers to the language/s first
learned by the child, which he identifies with,
used as a native language, knows best and uses
most. Includes sign language of PWDs.
Native Language- traditional speech variety in
the region, area, or place.
2 Major Pains
1. Qualification of teachers
2. Retention and Displacement of
SECTION 8. a.
• DepEd and Private Education Institutions
Graduates of science, mathematics, statistics,
engineering, music and other degree courses
with shortages in qualified LET applicants
Provided, That they pass the LET within five (5)
years after their date of hiring, EXCEPT for Part-
SECTION 8. b.
• Graduates of technical-vocational courses to
teach in their specialized subjects in the
secondary education: Provided, That these
graduates possess the necessary certification
issued by TESDA: Provided further, That they
undergo appropriate in service training to be
administered by DepEd or PEI at the expense
SECTION 8. c.
Faculty of higher education institutions (HEIs) 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 Bachelor’s Degree and must have
satisfactorily served as full-time HEI faculty.
• Relevant Bachelor’s Degree
• No LET requirement
• Threshold tenure is up to the PEI
• No Master’s Degree Requirement?!
Full-Time Faculty, Defined
• DOLE-DECS-CHED-TESDA ORDER NO. 1, S.1996
Full-Time faculty is defined as one who
possess at least the minimum academic
qualifications set by DECS for basic ed, CHED
for higher ed, and TESDA for tech-voc.
• Under the MORPHEI, to teach in HEIs, faculty
must have relevant MA Degree.
Sec. 8. c.
DepEd and PEIs may hire expert practitioners to
teach in Secondary education on a part-time
basis only subject to standards to be adopted by
DepEd and appropriate agencies.
OPTIONS FOR PEIs
1) FOR BASIC EDUCATION SCHOOLS WITHOUT A
PARTNER WITH OTHER SCHOOLS TO OFFER SHS
2) FOR COLLEGES WITHOUT BASIC EDUCATION:
OFFER STAND ALONE SHS;
PARTNER WITH BASIC EDUCATION SCHOOLS TO
3) FOR BASIC EDUCATION SCHOOLS WITH
OFFER GRADES 11 AND 12
PARTNER WITH FEEDER SCHOOLS
1. PEI HIRES NEW Teachers
2. PEI ABSORBS EXISTING Faculty
WHO ARE QUALIFIED TO TEACH
GEN.ED. OR SHS SUBJECTS
What PEIs/HEIs need to decide
Faculty to Retain:
• CHED curriculum on GE
• Number of years of Tertiary Programs
What happens to those who don’t qualify?
OPTIONS FOR THE SCHOOL
I. PROBATIONARY AND PART-TIME FACULTY:
Non-Renewal Of Contracts
OPTIONS FOR THE SCHOOLS
II. FOR TENURED FACULTY:
1. Re-classify to administrative or academic
2. Assign Faculty to do research for 2 years
3. Payroll employment for 2 years
4. Floating Status
5. Offer Redundancy or Retrenchment Programs
6. Sabbatical Leave
7. Apply Retirement Plan or Offer Early
8. Offer Voluntary Redundancy Program
IMPLICATIONS TO RETAINED
1. Pay rates: Public vs. Private; annualized vs.
per unit; lower academic rank
2. Teaching Load
3. Diminution of Pay?
ART. 100. PROHIBITION AGAINST ELIMINATION
OR DIMINUTION OF BENEFITS.
Diminution in Pay
• Change of Assignment/Change in curriculum
• De-Loading of Full-time Faculty
Tests to Apply
Inherent Management Prerogative?
Proprietary Right of the School?
obligation against the school?
• OFFER EARLY
PROOF OF REDUNDANCY
• Evidence must be presented to substantiate
redundancy such as but not limited to the new
staffing pattern, feasibility studies/proposal,
on the viability of the newly created positions,
job description and the approval by the
management of the restructuring (Panlilio vs.
PROOF OF REDUNDANCY
• It is the employer’s burden to show that
redundancy exists. It is not enough for a
company to merely declare that it has become
overmanned. It must produce adequate proof
of such redundancy to justify the dismissal of
the affected employees (Asufrin vs. San
Miguel Corporation, 2004).
• DOLE SHOULD TAKE “JUDICIAL NOTICE” OF
THE CONSEQUENCES IN IMPLEMENTING K-12:
ADDITIONAL 2 YEARS OF BASIC EDUCATION
AND DISRUPTION OF YEARS IN HIGHER
PLEASE RELAX THE BURDEN
OF PROOF OF REDUNDANCY.
Private Educational Institutions
REQUIREMENTS OF VALID
• A written notice served on both the
employees and the Department of Labor and
Employment (DOLE) at least one month prior
to the intended date of retrenchment as
required by the Labor Code;
• Payment of separation pay equivalent to at
least one month pay or at least one month
pay for every year of service, whichever is
• Good faith in abolishing the redundant
• Fair and reasonable criteria in ascertaining
what positions are to be declared redundant
and accordingly abolished. (See Caltex vs.
NLRC, 2007, )
• Section 32 (B)(6)(b) of the Tax Code, as amended,
provides that any amount received by an official or
employee, or by his heirs, from the employer as a
consequence of separation from service because of
death, sickness or other physical disability — or for
any cause beyond the control of said official or
employee, such as retrenchment, redundancy, or
cessation of business — is exempt from income tax
and, consequently, from withholding tax.
• The phrase "for any cause beyond the control
of the said official or employee" connotes
involuntariness on the part of the official or
employee. Separation from the service of the
official or employee must not be asked for or
initiated by him. This means the separation
was not of his own doing.
• It is noted that the same treatment applies to
benefits given to an employee who voluntarily
resigns due to health reasons that have
prevented him from returning to work. The
Tax Code provides that amounts received by
an employee due to sickness or physical
disability are also exempt from income tax.
PLEASE EXEMPT FROM TAXES ANY SEPARATION PAY
RECEIVED UNDER VOLUNTARY REDUNDANCY
PROGRAM IN IMPLEMENTING K-12.
Exodus of faculty to other industries or to
public schools will likely cause many
private HEIs to close.
LET IT BE KNOWN:
HEIs need to keep their qualified faculty
because it would cost them more to lay