Download - Catholic Educational Association of the Philippines

ceap.org.ph

Download - Catholic Educational Association of the Philippines

LEGAL ISSUES

AND CONCERNS

AFFECTING

CEAP SMX NATIONAL

ASSEMBLY 083012

PRIVATE

EDUCATION

30 AUGUST 2012

ATTY. ADA D. ABAD

Legal Counsel, CEAP

Former Vice-Dean, Lyceum College of Law;

Managing Associate

Antonio H. Abad & Associates Law Office

1


CEAP NATIONAL ASSEMBLY

SM MALL OF ASIA – SMX CONVENTION

30 AUGUST 2012, 11:15A.M. – 1:15 P.M.

SCOPE OF OUR TALK

TODAY:

• K-12 LABOR IMPLICATIONS

CEAP SMX NATIONAL

ASSEMBLY 083012

2


ACADEMIC FREEDOM VS.

FREEDOM OF EXPRESSION OR

FREEDOM OF RELIGION

ATENEO PROFESSORS

WEARING OF HIJAB

• CYBERBULLYING

• TAXATION, DOC STAMPS AND

PERMITS ISSUES

CEAP SMX NATIONAL

ASSEMBLY 083012

3


POSSIBLE ISSUES

FOR TEACHERS

ARISING FROM THE

SHIFT TO K-12:

CEAP SMX NATIONAL

ASSEMBLY 083012

4


CEAP SMX NATIONAL

ASSEMBLY 083012

One of the

main thrusts of

President

Noynoy’s

administration

is educational

reform through

the K-12

program.

5


Under this scheme,

kindergarten is made

compulsory for all children

and an additional two years

of senior high school is to

be likewise mandated.

CEAP SMX NATIONAL

ASSEMBLY 083012

6


How Do

We Add

the Two

Years?

CEAP SMX NATIONAL

ASSEMBLY 083012

7


CEAP SMX NATIONAL

ASSEMBLY 083012

8


CEAP SMX NATIONAL

ASSEMBLY 083012

9


CEAP SMX NATIONAL

ASSEMBLY 083012

10


Aside from curriculum

revision, one practical

problem posed to Basic Ed

schools would be the

logistical issue of faculty

movement and resources that

would be required for the shift

to the K-12 program.

CEAP SMX NATIONAL

ASSEMBLY 083012

11


CEAP SMX NATIONAL

ASSEMBLY 083012

12


1. Whether the School would

have sufficient resources to

put up a senior high school

facility (Grades 11 and 12),

to add to its present ten-

year basic education

program.

CEAP SMX NATIONAL

ASSEMBLY 083012

13


2. Assuming that the School

will incorporate the senior

high school level (Grades

11 and 12), whether the

School’s present faculty

complement have the

necessary numbers to

address the additional two

(2) years?

CEAP SMX NATIONAL

ASSEMBLY 083012

14


3. What are the academic

qualifications for teachers

that will be assigned or

hired to teach Grades 11

and 12?

CEAP SMX NATIONAL

ASSEMBLY 083012

15


CEAP SMX NATIONAL

ASSEMBLY 083012

16


1. Whether the 4-year or 5-

year academic courses

will be lessened to 3-

years or 4-years

respectively?

CEAP SMX NATIONAL

ASSEMBLY 083012

17


1.1 If NO, then two-year period

is simply a transition period

and by academic year

2018-2019, all will go back

to normal

CEAP SMX NATIONAL

ASSEMBLY 083012

18


1.2 IF YES, and 1 st – 2 nd year

subjects moved down to 11 th -

12 th grades, then SOME

faculty movements may

have to become permanent

CEAP SMX NATIONAL

ASSEMBLY 083012

19


2. NEED TO KNOW PARAMETERS

IN THE ENABLING LAW ON

TRANSITION PERIOD,

PARTICULARLY WHETHER

COLLEGE TEACHERS MAY

TEACH GR 11 AND 12 DURING

TWO YEAR TRANSITION

CEAP SMX NATIONAL

ASSEMBLY 083012

20


3. Considering that the rates

of the college professors are

different from that of the basic

elementary teachers, will this

be considered a demotion or a

diminution of salaries?

CEAP SMX NATIONAL

ASSEMBLY 083012

21


CEAP SMX NATIONAL

ASSEMBLY 083012

22


SCENARIO 1:

BASIC

EDUCATION

SCHOOL DOES

NOT SET UP AN

11 TH AND 12 TH

GRADE; NO

COLLEGE LEVEL

CEAP SMX NATIONAL

ASSEMBLY 083012

23


PARAMETERS OF

SCENARIO 1:

1. K-12 FULLY IMPLEMENTED

2. AY 2016-2017

AY 2017-2018

3. NO COLLEGE LEVEL

CEAP SMX NATIONAL

ASSEMBLY 083012

GRADES 11 TH

AND 12 TH NOT

TO BE SET UP

24


1.1 NO ADDITIONAL

REQUIREMENT FOR

FACULTY AND

HENCE, NO

MOVEMENT

CEAP SMX NATIONAL

ASSEMBLY 083012

25


1.2 SCHOOL GIVES

CERTIFICATE FOR

JUNIOR HIGH SCHOOL,

AND RELEASES TRANSFER

CREDENTIALS FOR JUNIOR

HIGH SCHOOL GRADUATE

CEAP SMX NATIONAL

ASSEMBLY 083012

26


1.3 SCHOOL MAY COME UP

WITH MEMORANDUM OF

AGREEMENT AS FEEDER

SCHOOL TO:

A STAND-ALONE 11-12 TH

GRADE SCHOOL OR

ANOTHER SCHOOL WITH

11-12 TH GRADES OR

CONSORTIUM SENIOR HIGH

SCHOOL CEAP SMX NATIONAL

ASSEMBLY 083012

27


• NO ADDITIONAL EXPENSES

• NO LOGISTICAL PROBLEM

ON FACULTY MOVEMENT

CEAP SMX NATIONAL

ASSEMBLY 083012

28


• POSSIBILITY THAT SCHOOL

MAY LOSE SOME OF THE HIGH

SCHOOL GR7-10 MARKET AS

PARENTS WOULD WANT

INTEGRATED SENIOR HIGH

SCHOOL

CEAP SMX NATIONAL

ASSEMBLY 083012

29


SCENARIO 2:

BASIC

EDUCATION

SCHOOL WILL

SET UP 11 TH AND

12 TH GRADES; NO

COLLEGE LEVEL

CEAP SMX NATIONAL

ASSEMBLY 083012

30


PARAMETERS OF

SCENARIO 2:

1. K-12 FULLY IMPLEMENTED

2. AY 2016-2017

AY 2017-2018

3. NO COLLEGE LEVEL

CEAP SMX NATIONAL

ASSEMBLY 083012

GRADES 11 TH

AND 12 TH TO BE

SET UP BY

SCHOOL

31


2.1 CHECK WHETHER THE

SCHOOL’S PRESENT

FACULTY COMPLEMENT

HAVE THE NECESSARY

NUMBERS TO ADDRESS

THE ADDITIONAL TWO

(2) YEARS

CEAP SMX NATIONAL

ASSEMBLY 083012

32


2.2 IF PRESENT FACULTY

COMPLEMENT

SUFFICIENT TO

ADDRESS THE 11 TH -12 TH

GRADES REQUIREMENT,

THEN SIMPLY ASSIGN

SUBJECTS TO THEM.

CONSIDER OVERLOAD

CEAP SMX NATIONAL

ASSEMBLY 083012

33


2.3 IF PRESENT FACULTY

COMPLEMENT IS NOT

SUFFICIENT TO

ADDRESS THE 11 TH -12 TH

GRADES REQUIREMENT,

THEN SCHOOL MUST

HIRE NEW FACULTY

CEAP SMX NATIONAL

ASSEMBLY 083012

34


• FACULTY FOR BASIC ED

MUST HAVE PASSED

LICENSURE EXAMINATION

FOR TEACHERS (LET)

• SAME POLICIES AND

REQUIREMENTS FOR

PROBATIONARY FACULTY

• MGMT PREROGATIVE TO

DETERMINE RATES (SAME OR

HIGHER) CEAP SMX NATIONAL

ASSEMBLY 083012

35


• DUE TO CREATION OF SENIOR

HIGH SCHOOL, STUDENTS CAN

COMPLETE THEIR ENTIRE BASIC

EDUCATION COURSE IN THE

SCHOOL

• POSSIBLY HIGHER ENROLMENT

FROM TRANSFERREES OF

SCHOOLS WITHOUT 11 TH -12 TH GR

CEAP SMX NATIONAL

ASSEMBLY 083012

36


• IF FACULTY IS NOT SUFFICIENT,

SCHOOL MUST HIRE NEW

FACULTY

• ADDITIONAL EXPENSES TO BE

INCURRED FOR FACILITIES

AND FACULTY PAY

CEAP SMX NATIONAL

ASSEMBLY 083012

37


• IF FACULTY IS SUFFICIENT,

LOGISTICAL PROBLEMS ON

FACULTY MOVEMENT,

PRIORITIZATION AS TO

ASSIGNMENTS WILL ARISE

• MINOR ISSUE ON PAY RATE

(TO BE DISCUSSED LATER)

CEAP SMX NATIONAL

ASSEMBLY 083012

38


SCENARIO 3:

BASIC

EDUCATION

SCHOOL WILL

SET UP 11 TH AND

12 TH GRADES;

WITH COLLEGE

LEVEL

CEAP SMX NATIONAL

ASSEMBLY 083012

39


SCENARIO 4:

COLLEGE LEVEL;

WITH OR WITHOUT

BASIC ED SCHOOL

BUT PUTTING UP

11 TH- 12 TH GRADES

CEAP SMX NATIONAL

ASSEMBLY 083012

40


PARAMETERS OF

SCENARIOS 3 & 4:

1. K-12 FULLY IMPLEMENTED

2. AY 2016-2017

AY 2017-2018

NO FIRST YEAR

COLLEGE

STUDENTS

3. WITH BOTH BASIC ED AND COLLEGE

LEVELS; OR PUTTING UP SENIOR HIGH

SCHOOL

CEAP SMX NATIONAL

ASSEMBLY 083012

41


IN SCENARIOS 3 & 4, YOU

HAVE A COLLEGE WHICH WILL

HAVE NO 1 ST YEAR COLLEGE

ENROLLEES FOR ACADEMIC

YEARS 2016-2017 AND 2017-

2018, WHEN THE K-12 IS FULLY

IMPLEMENTED AND 11TH-12TH

GRADES IN TRANSITION

CEAP SMX NATIONAL

ASSEMBLY 083012

42


PROBLEM:

WHAT TO DO WITH

COLLEGE

PROFESSORS IN THE

1 ST AND 2 ND YEAR

LEVELS WHO WILL

NOT HAVE LOAD FOR

TWO YEARS?

CEAP SMX NATIONAL

ASSEMBLY 083012

43


ASSIGN GRADE 11-12

SUBJECTS TO

QUALIFIED

PROFESSORS FROM

THE COLLEGE LEVEL

CEAP SMX NATIONAL

ASSEMBLY 083012

44


FROM AMONG EXISTING

COLLEGE FACULTY

CEAP SMX NATIONAL

ASSEMBLY 083012

45


COLLEGE

PROF –

LICENSED

Bed

TEACHER

SORTING HAT

CEAP SMX NATIONAL

ASSEMBLY 083012

COLLEGE

PROF –

WITHOUT

LICENSURE

EXAM; check

also FULL-TIME

AND PART-TIME

46


IF PART-TIME AND HENCE NOT

TENURED, SIMPLY DO NOT

REHIRE OR GIVE

APPOINTMENTS

IF FULL-TIME AND HENCE,

TENURED, THEN SCHOOL IS

INITIALLY UNDER OBLIGATION

TO CHECK ALTERNATIVE

MEASURES

CEAP SMX NATIONAL

ASSEMBLY 083012

47


COLLEGE PROFESSOR

WHO IS ALSO LICENSED

Bed TEACHER

TO BE GIVEN PRIORITY IN

ASSIGNMENT OF 11 TH -12 TH

GRADE SUBJECTS

CEAP SMX NATIONAL

ASSEMBLY 083012

48


CEAP SMX NATIONAL

ASSEMBLY 083012

49


THOSE WHO

ARE WILLING

TO TEACH

GR 11-12

FROM AMONG EXISTING FULL-

TIME COLLEGE FACULTY

CEAP SMX NATIONAL

ASSEMBLY 083012

THOSE WHO

ARE NOT

WILLING TO

TEACH

GR 11-12

50


THOSE WILLING

TO TAKE

LICENSURE

EXAM IN TIME

FOR 2016-2018

FULL-TIME COLLEGE PROF

WILLING TO TEACH GR 11-12

CEAP SMX NATIONAL

ASSEMBLY 083012

ENABLING LAW

ALLOWS

COLLEGE

PROFESSORS TO

TEACH GR11-12

51


ASSIGN TO

RESEARCH

OR ADMIN

WORK FOR

TWO YEARS

FULL-TIME COLLEGE PROF

NOT WILLING OR UNABLE

TO TEACH GR 11-12

AGREE TO

PUT ON

FLOATING

STATUS OR

SABBATICAL

WITHOUT

CEAP SMX NATIONAL

PAY

ASSEMBLY 083012

RETRENCH-

MENT OR

REDUNDANCY

OR EARLY

RETIREMENT

52


• EXISTING FACULTY CAN BE

RETAINED, IF ALL AGREE TO

TEACH IN GRADES 11-12

DURING TRANSITION

• HOPEFULLY NO CHANGE IN THE

RATE OF STUDENT ENROLMENT

CEAP SMX NATIONAL

ASSEMBLY 083012

53


• DISARRAY IN THE FACULTY BUILD

UP, IF MOST DO NOT AGREE TO

TEACH GR 11-12

• IN CHOOSING TO HAVE A

COMPROMISE ON RATES AND/ OR

SEPARATION PAY TO FACULTY,

SCHOOLS WILL HAVE TO INCUR

HIGH ADMIN EXPENSES

CEAP SMX NATIONAL

ASSEMBLY 083012

54


SCENARIO 5:

STAND-ALONE

COLLEGE OR

UNIVERSITY

WITHOUT K-12

NO 1 ST AND 2 ND

YEAR STUDENTS

2016-2018

CEAP SMX NATIONAL

ASSEMBLY 083012

55


PARAMETERS OF

SCENARIO 5:

1. K-12 FULLY IMPLEMENTED

2. AY 2016-2017

AY 2017-2018

NO FIRST YEAR

COLLEGE

STUDENTS

3. COLLEGE LEVEL ONLY; NO BASIC EDUC

FEEDER SCHOOL AND WILL NOT PUT UP

SENIOR HIGH SCHOOL

CEAP SMX NATIONAL

ASSEMBLY 083012

56


ASSIGN TO

RESEARCH

OR ADMIN

WORK FOR

TWO YEARS

FULL-TIME COLLEGE PROF

WITHOUT ANY SUBJECT LOAD

FOR TWO YEARS

AGREE TO

PUT ON

FLOATING

STATUS OR

SABBATICAL

WITHOUT

CEAP SMX NATIONAL

PAY

ASSEMBLY 083012

RETRENCH-

MENT OR

REDUNDANCY

OR EARLY

RETIREMENT

57


• POSSIBLE TO RETAIN ENTIRE

FACULTY, IF ALL CAN BE

ACCOMMODATED TO ADMIN OR

RESEARCH POSITIONS

• LESS ADMIN COSTS

CEAP SMX NATIONAL

ASSEMBLY 083012

58


• INCUR HIGH EXPENSES ON

SEPARATION PAY AND / OTHER

BENEFITS, IF ALL HAVE TO BE

RETRENCHED OR DECLARED

REDUNDANT

• POSSIBILITY OF CLOSURE OF

SCHOOL / BANKRUPTCY

CEAP SMX NATIONAL

ASSEMBLY 083012

59


ASSIGN OR

SECOND THE

COLLEGE

PROFESSORS

TO THE

CONSORTIUM

CEAP SMX NATIONAL

ASSEMBLY 083012

60


ASSUMPTIONS:

1. Enabling law allows for college

professors to teach grades 11-

12 during the transition

2. School is a member of the

consortium that will put up the

Senior High School (Gr 11-12)

CEAP SMX NATIONAL

ASSEMBLY 083012

61


ISSUES:

1.WILL THE CONSORTIUM

SCHOOL BE CONSIDERED

A SEPARATE JURIDICAL

ENTITY?

CEAP SMX NATIONAL

ASSEMBLY 083012

62


IF NO, THEN:

LOGISTICAL PROBLEM ON HOW

AND WHO WILL HANDLE

FINANCIAL, ADMINISTRATIVE AND

REPORTORIAL REQUIREMENTS OF

THE CONSORTIUM

STANDARDIZATION OF RATES OF

THE PROFESSORS/TEACHERS

CEAP SMX NATIONAL

ASSEMBLY 083012

63


IF YES, THEN :

AFTER TRANSITION PERIOD, WILL THE

COLLEGE PROFESSORS RETURN TO

THEIR BASE SCHOOL?

IF TRANSFER IS PERMANENT, THEN

WHAT HAPPENS TO THE YEARS OF

SERVICE OF THE TRANSFERRED

FACULTY? NOTE THAT ORIGINAL

SCHOOL MUST HAVE SEPARATED THEM

(REDUNDANCY, RETRENCHMENT OR EARLY

RETIREMT)

CEAP SMX NATIONAL

ASSEMBLY 083012

64


FREEZE HIRING

PRIOR TO

2016-2018

• ONLY PART-TIMERS

TO BE HIRED

• PRESENT FACULTY

TO BE PREPARED FOR

TRANSITION

CEAP SMX NATIONAL

ASSEMBLY 083012

65


CEAP SMX NATIONAL

ASSEMBLY 083012

66


Considering that the rates of

the college professors are

different from that of the

basic elementary teachers,

will this be considered a

demotion or a diminution of

salaries?

CEAP SMX NATIONAL

ASSEMBLY 083012

67


CEAP SMX NATIONAL

ASSEMBLY 083012

68


OPTIONS

1. Same rate as the Basic

Education teachers –

possibly diminution of salary

and hence, may only be done

with consent of faculty

CEAP SMX NATIONAL

ASSEMBLY 083012

69


2. Same rate as the College

professors – no problem

3. Midway compromise between

college and basic education

rates -- possibly diminution of

salary and hence, may only be

done with consent of faculty

CEAP SMX NATIONAL

ASSEMBLY 083012

70


4. If does not agree to

Options 1 or 3, then:

Retrenchment

Redundancy

Floating Status

Early Retirement

CEAP SMX NATIONAL

ASSEMBLY 083012

71


Generally, this concept applies to

higher educational institution.

However, to a limited extent, this is

applicable to private educational

institutions offering basic education

(elementary and high school levels).

CEAP SMX NATIONAL

ASSEMBLY 083012

72


Origin of the word

“ACADEMIC” – referring

to the garden grove

near Ancient Greece

called “AKADEMEIA,”

where the esteemed

philosopher Plato (428-

348 B.C.) held court

and taught a school of

select students.

O.D. Corpuz, “Academic Freedom in Higher

Education”, Second Lecture, 09 Nov. 1995.

Professor Emeritus, University of the

Philippines.

CEAP SMX NATIONAL

ASSEMBLY 083012

73


CEAP SMX NATIONAL

ASSEMBLY 083012

• Subjects in Akademeia

essentially concerned the

search for truth, the

good, the best in life

• Thus, it was natural and

essential in the Greek

tradition that the

“Akademeia” be “free”

from outside

constraints.

74


MATRIX IN THE CONTEXT OF

THE INSTITUTION

ACADEMIC FREEDOM

VS VS

THE TEACHER THE STUDENT

CEAP SMX NATIONAL

ASSEMBLY 083012

75


• who may teach

• what may be taught

• how it shall be taught;

• and who may be admitted to

study. (Garcia vs. The Faculty Admission Committee, Loyola

School of Theology, 68 SCRA 277, citing Justice Frankfurter's concurring

opinion in Sweezy v. New Hampshire, 354 US 234, 263 [1957]).

CEAP SMX NATIONAL

ASSEMBLY 083012

76


(1) the appointment and tenure of office of

academic staff; and

(2) the curricula for courses of study;

(3) the admission, examination and

retention of students until graduation;

(4) the allocation of income among the

different categories of expenditure.

CEAP SMX NATIONAL

ASSEMBLY 083012

77


WHAT MAY BE

TAUGHT?

CEAP SMX NATIONAL

ASSEMBLY 083012

78


Institutions of higher learning have

the right to determine the curricular

program for the different courses of

study in conformity with their

objectives or mission statements.

CEAP SMX NATIONAL

ASSEMBLY 083012

79


POSSIBLE CONFLICTS ON THE

ISSUE OF “WHAT TO TEACH”

Despite curricular autonomy,

academic institutions however may

exercise self-censorship by:

(a) refusing to offer subjects which

are contradictory to its vision-

mission-goals;

CEAP SMX NATIONAL

ASSEMBLY 083012

80


(b) exercising supervisory powers by

restricting teachers from discussing

matters contradictory to vision-

mission-goals;

(c) imposing disciplinary sanctions

upon teachers who teach

controversial positions on matters

outside the ambit of his/her subject

CEAP SMX NATIONAL

ASSEMBLY 083012

81


IN A SECULAR CONTEXT, LOOK AT

THESE ISSUES IN THE UNITED

STATES:

In USA Patriot Act [Uniting (and) Strengthening

America (by) Providing Appropriate Tools Required (to)

Intercept (and) Obstruct Terrorism Act of 2001] arising from

the 9-11 World Trade bombing, allowing the FBI to

intercept mails and correspondences from

suspected terrorists, vis-à-vis freedom of

expression.

Is this an indication that a scenario similar to that depicted

in the movie “MINORITY REPORT” and concept of PRE-

CRIME, may happen in the near future?

82

CEAP SMX NATIONAL

ASSEMBLY 083012


CEAP SMX NATIONAL

ASSEMBLY 083012

possible

censorship of

educational

engineering

websites which

outline procedure

to make a bomb, as

what happened in

Columbine high

school.

83


Keyishian vs. Board of Regents case

where mere knowing membership in an

organization which espouses and

advocates violent overthrow of civil

government, is not sufficient for

termination of faculty member.

There must exist ACTIVE and SPECIFIC

intent on part of faculty member to

advocate and teach the same to students

CEAP SMX NATIONAL

ASSEMBLY 083012

84


CEAP SMX NATIONAL

ASSEMBLY 083012

Greek katholikos

universal,

general,

from katholou in

general,

from kata by

+ holos whole —

more at CATA-, SAFE

85


If the essence of a university is the unbridled

freedom of thought and expression,

in juxtaposition with the right of schools run

by congregations to limit their curriculum to

conform with their vision-mission-goals,

is there really such a thing as a

Catholic University?

CEAP SMX NATIONAL

ASSEMBLY 083012

86


Freedom of thought

and expression

vis-a-vis

Catholic doctrines of

faith.

CEAP SMX NATIONAL

ASSEMBLY 083012

87


CEAP SMX NATIONAL

ASSEMBLY 083012

88


Reproductive health and

population control through

artificial contraception

higher sciences’

experimentations on cloning

of human beings and artificial

insemination

CEAP SMX NATIONAL

ASSEMBLY 083012

89


HOW IT MAY

BE TAUGHT?

CEAP SMX NATIONAL

ASSEMBLY 083012

90


Academic freedom means that the teacher is

entitled to full freedom in:

"(a) research and in the publication of

the results, subject to the adequate

performance of his other academic duties;

(b) discussing his subject in the

classroom, but he should be careful not to

introduce into his teaching controversial

matter which has no relation to his subject;

(c) The college or university teacher is a

citizen, a member of a learned profession,

and an officer in an educational institution.

CEAP SMX NATIONAL

ASSEMBLY 083012

91


Academic freedom also includes the right of the

faculty to freely express opinions based on

bodies of evidence, research or systematic thought

and inquiry. The opinions expressed might

impeach or overturn conventional propositions or

even challenge established doctrines --- without

risk to their jobs, promotion and careers.

CEAP SMX NATIONAL

ASSEMBLY 083012

92


Academic freedom implies a

corresponding academic

responsibility. The American Civil Liberties Union of

New York (in re: Academic Freedom and Academic Responsibility,

New York ACLU 1953)

The teacher plays two distinct roles: (a)

as a professor, which entails his

conduct in teaching and other activities

directly related to professional

responsibilities; and (b) as a citizen.

CEAP SMX NATIONAL

ASSEMBLY 083012

93


(1) A School may not impose any limitation

upon the teacher’s freedom in the

exposition of his own subject in the

classroom or in addresses and publications

outside the college, except insofar as:

(a) the general necessity of adapting all

instruction to the needs of immature

students; or

(b) in the case of institutions of

denominational or partisan character,

specific stipulations in advance, fully

understood and accepted by both parties

limit the scope and character of instruction.

CEAP SMX NATIONAL

ASSEMBLY 083012

94


(2) No teacher may claim as his right

the privilege of discussion in his

classroom controversial topics

outside of his own field of study.

The teacher is morally bound not to

take advantage of his position by

introducing into the classroom

provocative discussions of irrelevant

subjects not within the field of study.

CEAP SMX NATIONAL

ASSEMBLY 083012

95


(3) The School should

recognize that the teacher,

in speaking or writing

outside of the institution

upon subjects beyond the

scope of his own field of

study, is entitled precisely

to the same freedom and

is subject to the same

responsibility as attached

to all other citizens.

CEAP SMX NATIONAL

ASSEMBLY 083012

96


If the extramural utterances of the teacher

should be such as to raise grave doubts

concerning his fitness for the position, the

questions should in all cases be submitted

to an appropriate committee of the faculty of

which he is a member.

It should be clearly understood that an

institution assumes no responsibility for

views expressed by members of its staff.

On the other hand, the teachers should, when

necessary, take pains to make it clear that

they are expressing only their personal

opinions.

CEAP SMX NATIONAL

ASSEMBLY 083012

97


ACADEMIC FREEDOM

ATENEO AS A

CATHOLIC UNIVERSITY

VS

CEAP SMX NATIONAL

ASSEMBLY 083012

PRO-RH TEACHER

98


Declaration of Support for House Bill 4244 (The

Responsible Parenthood, Reproductive Health

and Population and Development Bill) by

individual faculty of the Ateneo de Manila

University

We, the undersigned individual faculty of the Ateneo de

Manila University, declare our strong support for House

Bill 4244, the consolidated Responsible Parenthood,

Reproductive Health and Population and Development

Bill (or RH Bill). We are heartened by the recent move of the

House of Representatives to terminate the protracted debates

and interpellations on this bill which has languished in

Congress since 1999.

CEAP SMX NATIONAL

ASSEMBLY 083012

99


We urge our legislators to act swiftly and

judiciously on the proposed amendments

to the bill, and thereafter vote for its

passage. We issue this call in our

individual capacities as educators,

researchers, medical doctors, lawyers,

and citizens, and in no way speak for

our University, the Society of Jesus, or

the rest of our colleagues.

CEAP SMX NATIONAL

ASSEMBLY 083012

100


MEDIA REPORTS of certain

sectors urging Ateneo de

Manila to investigate and

impose sanctions upon the

professors, for espousing

positions contrary to the

Catholic Church.

CEAP SMX NATIONAL

ASSEMBLY 083012

101


CEAP POSITION:

CEAP SMX NATIONAL

ASSEMBLY 083012

102


CEAP supports the bishops in their

opposition to any law which contains

provisions for abortifacient control

of birth. Killing of human life is

absolutely proscribed. It is prohibited

by the Philippine Constitution which

protects life from the moment of

conception. It is also prohibited by

the Fifth Commandment.

CEAP SMX NATIONAL

ASSEMBLY 083012

103


It supports the bishops in their

opposition to any provisions of

law that force any Catholic

believer to act against his/her

conscience in the discharge of

his/her duties as a doctor, health

worker, employer or employee.

CEAP SMX NATIONAL

ASSEMBLY 083012

104


It supports the

bishops in their

opposition to any

provision that

usurps the right of

parents to take full

responsibility for

sexual education of

their children.

CEAP SMX NATIONAL

ASSEMBLY 083012

105


CEAP supports the bishops in their

official teaching, binding on all believers,

concerning the dignity of the human life,

the need to “choose life” and to support

a culture of life, the sacredness of

sexuality, the unity in principle of

the unitive (“for love”) and

procreative (“openness to life”)

finalities of acts of sexuality,

recognizing God to be the author of life

CEAP SMX NATIONAL

ASSEMBLY 083012

106


Here one must carefully distinguish between:

The authority of the bishops binding

believers to obedience in faith to a

Catholic moral order;

and

The authority of discerning reason within

the civil (profane) society, especially in

discernment articulating demands of the

common good or social justice, binding on

reasonable persons based on compelling

rationality

CEAP SMX NATIONAL

ASSEMBLY 083012

107


“compelling rationality”

Rationality that is based on

discussion and assent, as

enlightened by believers

in a plural society.

CEAP SMX NATIONAL

ASSEMBLY 083012

108


PASTOR DIONISIO V. AUSTRIA vs. HON. NATIONAL

LABOR RELATIONS COMMISSION et. al. (G.R. No.

124382, August 16, 1999)

CONCEPT OF

SEPARATION OF

CHURCH AND

STATE

CEAP SMX NATIONAL

ASSEMBLY 083012

109


IS THIS AN ISSUE

WHICH THE COURTS

MAY RULE UPON?

CEAP SMX NATIONAL

ASSEMBLY 083012

110


The rationale of the principle of the

separation of church and state is

summed up in the familiar saying,

"STRONG FENCES MAKE

GOOD-NEIGHBORS.“

• delineate the boundaries between the

two institutions

• avoid encroachments by one against

the other because of a

misunderstanding of the limits of their

CEAP SMX NATIONAL

respective exclusive ASSEMBLY 083012 jurisdictions.

111


The demarcation line calls on the entities

to "render therefore unto Ceasar the

things that are Ceasar's and unto God the

things that are God's." 19

CEAP SMX NATIONAL

ASSEMBLY 083012

112


CEAP SMX NATIONAL

ASSEMBLY 083012

While the state is

prohibited from

interfering in

purely

ecclesiastical

affairs, the

Church is likewise

barred from

meddling in

purely secular

matters.

113


THUS, THE SUPREME COURT HAS

GENERALLY RULED THAT THE

COURTS HAVE NO JURISDICTION

OVER MATTERS WHICH ARE

ECCLESIASTICAL IN NATURE.

BUT WHERE THE ISSUE PERTAINS TO

MATTERS WHICH ARE SECULAR IN

NATURE, THEN THE COURTS WILL

GENERALLY HAVE JURISDICTION.

CEAP SMX NATIONAL

ASSEMBLY 083012

114


an ecclesiastical

affair involves the

relationship

between the church

and its members

and relate to

matters of faith,

religious doctrines,

worship and

governance of the

congregation.

CEAP SMX NATIONAL

ASSEMBLY 083012

115


To be concrete, examples of this socalled

ecclesiastical affairs to which the

State CANNOT meddle in are:

proceedings for excommunication;

ordinations of religious ministers;

administration of sacraments;

and other activities with attached

religious significance.

CEAP SMX NATIONAL

ASSEMBLY 083012

116


While the matter at hand relates to

the church and its religious

minister (TERMINATION OF

PASTOR AUSTRIA), it does

not ipso facto give the case a

religious significance.

Simply stated, what is involved

here is the relationship of the

church as an employer and the

minister as an employee. It is

purely secular and has no relation

whatsoever with the practice of

faith, worship or doctrines of the

church.

117

CEAP SMX NATIONAL

ASSEMBLY 083012


In this case, petitioner was not excommunicated

or expelled from the

membership of the SDA but was

terminated from employment.

Indeed, the matter of terminating

an employee, which is purely

secular in nature, is different from

the ecclesiastical act of expelling a

member from the religious

congregation.

CEAP SMX NATIONAL

ASSEMBLY 083012

118


IN AN EXAMPLE WHERE A PROFESSOR

IN A CATHOLIC UNIVERSITY OR

SCHOOL WERE TO TAKE A PERSONAL

POSITION NOT IN CONFORMITY WITH

THE CHURCH POSITION –

“TEACHING” (ACADEMIC

FREEDOM) VS. “OPINION”

(FREEDOM OF SPEECH)

“IN CLASSROOM”

CEAP SMX NATIONAL

ASSEMBLY 083012

119


DISTINGUISH FINE LINES

BETWEEN:

• PROFESSOR OF THEOLOGY VS

PROFESSOR OF SOCIAL SCIENCE

• THE ATENEO PROFESSOR ACTING AS

A TEACHER OR AS AN INDIVIDUAL

• LEGAL REQUIREMENTS FOR

DISCIPLINARY SANCTIONS

CEAP SMX NATIONAL

ASSEMBLY 083012

120


“CONDUCT THAT RENDERS

THE TEACHER UNFIT TO

TEACH IN A CATHOLIC

UNIVERSITY”

CEAP SMX NATIONAL

ASSEMBLY 083012

121


VALID TERMINATION

JUST OR

AUTHORIZED

CAUSES (Art.

282, Labor Code)

ACLEX MCLE LABOR UPDATES

20 JULY 2012

122


SERIOUS MISCONDUCT

- defined as IMPROPER OR WRONG

CONDUCT, a transgression of a

definite rule of action, a forbidden act

or dereliction of duty which is willful in

character and implies wrongful intent,

and not mere error in judgment.

ACLEX MCLE LABOR UPDATES

20 JULY 2012

123


- For misconduct or improper

behavior to be a just cause for

dismissal, the same must be

related to the performance of

the employee’s duties and

must show that he has become

unfit to continue working for the

employer. (Molato vs. NLRC)

ACLEX MCLE LABOR UPDATES

20 JULY 2012

124


Elements:

GROSS INSUBORDINATION

(a) employee’s assailed conduct must be willful or

intentional;

(b) willfulness characterized by wrongful or

perverse attitude;

(c) the order violated must be reasonable, lawful

and made known to the employee; and

(d) the order must pertain to the duties which the

employee has been engaged to discharge. (Aguilar

vs. NLRC; Stolt Nielson vs. NLRC; contra: Manebo vs.

NLRC;)

ACLEX MCLE LABOR

UPDATES 20 JULY 2012

125


WEARING THE HIJAB

CEAP SMX NATIONAL

ASSEMBLY 083012

126


Philippine school bans Muslim hijab

Agence France-Presse1:01 pm | Sunday, August 5th, 2012

ZAMBOANGA, Philippines – A Catholic-run school in the southern

Philippines has caused controversy by banning Muslim students from

wearing the hijab headscarf.

Mehol Sadain, who heads the National Commission on Muslim Filipinos,

said Sunday he had written to Pilar College in the mixed Muslim-Christian

port city of Zamboanga to demand it reverse its policy.

While the school was right to claim it could exercise academic freedom,

Sadain said it should do so with “justice and fair play”.

“Pilar College should realize that while educational institutions can

formulate their own policies, the same should not run counter to existing

laws and state policies,” Sadain said.

CEAP SMX NATIONAL

ASSEMBLY 083012

127


MATRIX IN THE CONTEXT OF

ACADEMIC FREEDOM

THE INSTITUTION

VS

CEAP SMX NATIONAL

ASSEMBLY 083012

THE STUDENT

128


ENROLMENT CONTRACT,

WHICH PRESUMES A

MEETING OF THE MINDS

RIGHT OF THE SCHOOL TO EXERCISE

ACADEMIC FREEDOM AND IMPOSE

RULES AND REGULATIONS

-Balanced against –

STUDENT AS A FILIPINO CITIZEN

CEAP SMX NATIONAL

ASSEMBLY 083012

129


BALANCE THE CONFLICTING

INTERESTS IN THE CONTEXT OF

THE EXISTING CIRCUMSTANCES

• PLACE vis-à-vis students

enrolled

• student market

• cultural sensitivities

CEAP SMX NATIONAL

ASSEMBLY 083012

130


“Let faith dialogue with reason,

and reason with faith.

Because faith is reasonable,

and reason leads us to faith.” -

Monsignor Gerry Santos, quoting Pope Benedict.

CEAP SMX NATIONAL

ASSEMBLY 083012

131


STUDENT INFRACTIONS

ARISING FROM

INTERNET AND MEDIA

INFLUENCE ON STUDENT

BEHAVIOR

CEAP SMX NATIONAL

ASSEMBLY 083012

132


• Cyber-bullying through

Facebook and Multiply

site use

• US trends in media-

influenced errant

behavior of students

CEAP SMX NATIONAL

ASSEMBLY 083012

133


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 SMX NATIONAL

ASSEMBLY 083012

134


“There is a clear emergence and prominence of

technology-related activities like usage of cellphone

and internet… The use of virtual technology seems

more the exclusive territory of teens and 20somethings.

They are watching less TV, listening to less

radio, and also reading less. They are doing

less sports, interacting face-to-face with

friends less frequently, and spending less

money on traditional consumer items… thanks

to text messaging and the internet.

More and more, their lives are being lived

out virtually.”

CEAP SMX NATIONAL

ASSEMBLY 083012

135


Youth Activities Comparison: 2000 vs. 2005

The growing popularity of activities related to “virtual” connectivity.

Activities After School (%)

Base: Total Respondents

2000

2005

Playing Computer/Video Games 10 33

Text Messaging 12 33

Email/Surf/Chat on the Net 11 25

Usual Leisure Activities (%)

2000 2005

Window Shopping 22 36

Text Messaging 12 40

Playing Computer/Video Games 17 38

Email/Surf/Chat on the Net 13 27

Source: Mc Cann Erickson Study on “What’s Your Box:

2006 Intergeneration Study”


In 2009, a joint study was

launched by Yahoo! and

Nielsen to gather a baseline

understanding of the Filipino

internet user, and this has been

updated every year to present,

to determine the shifts in user

behavior and evolving

preferences.

CEAP SMX NATIONAL

ASSEMBLY 083012

137


Among the highlights in

the Digital Philippines

2011 Yahoo-Nielsen

Net Index are as

follows:

CEAP SMX NATIONAL

ASSEMBLY 083012

138


There is increased time spent online

across mediums and locations, viz.,

home, school, work, and internet cafes.

CEAP SMX NATIONAL

ASSEMBLY 083012

139


There are more households with

internet access from 27% in 2009

to 35% in 2011, thereby resulting in a

declining shift in internet café access

from 71% in 2009 to 66% in 2011.

This also means that people are

preferring more private access to the

internet, rather than shared access.

CEAP SMX NATIONAL

ASSEMBLY 083012

140


Online social networks

present a new and growing

environment wherein people

exchange social information

and manage impressions

CEAP SMX NATIONAL

ASSEMBLY 083012

141


SOCIAL NETWORKING SITES

Facebook/multiply/hi-5 are free-access

social networking website that is operated and privately

owned by different companies.

Users can join networks organized by city,

workplace, school, and region to connect

and interact with other people.

People can also add friends, or friends of

friends; send them messages, and update

their personal profiles to notify friends about

themselves.

CEAP SMX NATIONAL

ASSEMBLY 083012

142


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 SMX NATIONAL

ASSEMBLY 083012

143


MAJOR SOURCES

OF INFORMATION

AND COMMUNICATION

CEAP SMX NATIONAL

ASSEMBLY 083012

144


what

good

bad

• MOBILE PHONES

• Keeping in touch; sms and photos

• Good for emergency

• Sending nasty text messages (SEXTING)

• Taking/sharing nasty pictures or videos

Source content:

http://www.brent.edu.ph/newsletter/pdf/Resposible_Use_of_Technology_and_Cyberbullying.pdf

CEAP SMX NATIONAL

ASSEMBLY 083012

145


what

good

bad

• SOCIAL NETWORK SITES

• Socializing with friends and making new ones in

the online virtual community

• Allowing young people to be creative

• Sending nasty text messages; sharing of nasty

pictures or videos

• Ganging up on someone; making friends under

false pretenses; hacking onto personal website

account

Source content:

http://www.brent.edu.ph/newsletter/pdf/Resposible_Use_of_Technology_and_Cyberbullying.pdf

CEAP SMX NATIONAL

ASSEMBLY 083012

146


what

good

bad

• INSTANT MESSAGING (Yahoo etc)

• Text or voice chatting live with friends online

• Quick effective way to keep in touch while

working on the computer

• Sending nasty text messages

• Using someone else’s account (hacking) and

forwarding to others; making friends under false

pretenses; hacking onto personal website

account

Source content:

http://www.brent.edu.ph/newsletter/pdf/Resposible_Use_of_Technology_and_Cyberbullying.pdf

CEAP SMX NATIONAL

ASSEMBLY 083012

147


what

good

bad

• CHAT ROOMS AND BOARD MESSAGES

• Groups of people text or voice chat about

common interests

• Easy way to get to know new people and talk

about issues they are too shy to talk about in

person

• Sending nasty or anonymous messages;

groups of people ganging up on someone

• Making friends under false pretenses, making

use of personal information for blackmail or

other purposes

Source content:

http://www.brent.edu.ph/newsletter/pdf/Resposible_Use_of_Technology_and_Cyberbullying.pdf

CEAP SMX NATIONAL

ASSEMBLY 083012

148


CEAP SMX NATIONAL

ASSEMBLY 083012

149


CEAP SMX NATIONAL

ASSEMBLY 083012

150


Youth Value Systems

Using the ‘sealed envelope technique,” respondents

were shown a battery of different activities that were

conventionally labeled as wrong, and were asked 2

things:

Personal View

Society’s View

Source: Mc Cann Erickson Study on “What’s Your Box:

2006 Intergeneration Study”

CEAP SMX NATIONAL

ASSEMBLY 083012

Which ones are right and

wrong?

Which ones are acceptable to

society?

151


What’s wrong, what’s right?

Across all activities covered in the study, only the

use of illegal drugs and, to a certain extent,

cheating on one’s boyfriend or girlfriend are

considered wrong by the greater majority.

Only about 6 out of 10 consider these wrong:

taking something without paying, use of

violence, drugs, drunk driving, suicide,

marital infidelity, and casual sex.

Source: Mc Cann Erickson Study on “What’s Your Box: 2006

Intergeneration Study”

CEAP SMX NATIONAL

ASSEMBLY 083012

152


What’s wrong, what’s right?

About half think that pre-marital sex, sex

on TV, phone/internet sex, porn, and

sexually explicit language are wrong.

Less than half think that abortion,

divorce/separation, violence on TV, paying

for sex, and gay relationships are wrong.

Source: Mc Cann Erickson Study on “What’s Your Box: 2006

Intergeneration Study”

CEAP SMX NATIONAL

ASSEMBLY 083012

153


Youth’s 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 “What’s Your Box:

2006 Intergeneration Study”

CEAP SMX NATIONAL

ASSEMBLY 083012

154


Personally Considered Wrong (in %)

(Metro Manila)

Use forbidden drugs

Cheat on boyfriend/girlfriend

Sell or buy illegal drugs

Take something w/o paying

Sell oneself for sex

Stay away from school/work

Drunk driving

Avoid paying taxes

Marital infidelity

Divorce/separation

Look at porn material

Hazing

Cheat in school

Use violence

Source: Mc Cann Erickson Study on “What’s Your Box:

2006 Intergeneration Study”

0 10 20 30 40 50 60 70 80 90 100

2005

2000

1992


Personally Considered Wrong (in %)

(Metro Manila)

Smoke cigarettes

Use sexually explicit language

Sell porn material

Pre-marital sex

Gambling

Phone/internet sex

Getting drunk

Race a car or motorbike

Abortion

Homosexual relationship

Use a prostitute

Source: Mc Cann Erickson Study on “What’s Your Box:

2006 Intergeneration Study”

0 10 20 30 40 50 60 70 80 90 100

2005

2000

1992


Mindanao teens remain the

“liberals” compared to those

from other regions…

But even more so in 2005,

especially on matters related

to forbidden drugs,

pornography, cheating and

violence.

Source: Mc Cann Erickson Study on “What’s Your Box:

2006 Intergeneration Study” 157

CEAP SMX NATIONAL

ASSEMBLY 083012


Personally Considered Wrong (in %)

(Mindanao)

Use forbidden drugs

Cheat on boyfriend/girlfriend

Sell or buy illegal drugs

Take something w/o paying

Sell oneself for sex

Stay away from school/work

Drunk driving

Avoid paying taxes

Marital infidelity

Divorce/separation

Look at porn material

Hazing

Cheat in school

Use violence

Source: Mc Cann Erickson Study on “What’s Your Box:

2006 Intergeneration Study”

0 10 20 30 40 50 60 70 80 90 100

2005

2000


Personally Considered Wrong (in %)

(Mindanao)

Smoke cigarettes

Use sexually explicit language

Sell porn material

Pre-marital sex

Gambling

Phone/internet sex

Getting

drunk

Race a car or motorbike

Abortion

Homosexual relationship

Use a prostitute

Source: Mc Cann Erickson Study on “What’s Your Box:

2006 Intergeneration Study”

0 10 20 30 40 50 60 70 80 90 100

Stricter than before

2005

2000


Personally Considered Wrong (in %)

(Visayas)

Use forbidden drugs

Cheat on boyfriend/girlfriend

Sell or buy illegal drugs

Take something w/o paying

Sell oneself for sex

Stay away from school/work

Drunk driving

Avoid paying taxes

Marital infidelity

Divorce/separation

Look at porn material

Hazing

Cheat in school

Use violence

Source: Mc Cann Erickson Study on “What’s Your Box:

2006 Intergeneration Study”

0 10 20 30 40 50 60 70 80 90 100

But

stricter

on

selling

oneself

!

2005

2000


Personally Considered Wrong (in %)

(Visayas)

Smoke cigarettes

Use sexually explicit language

Sell porn material

Pre-marital sex

Gambling

Phone/internet sex

Getting drunk

Race a car or motorbike

Abortion

Homosexual relationship

0 10 20 30 40 50 60 70 80 90 100

Stricter than before

2005

Use a prostitute 2000

Source: Mc Cann Erickson Study on “What’s Your Box:

2006 Intergeneration Study”


Youth’s Value Systems

Trends: 2000 to 2005

In Balance Luzon, on the other hand, we

see a reverse trend:

Youth from this region have become more

stringent when it comes to personal definitions

of right and wrong.

Only divorce/separation is considered “more

right” than before.

Gay relationships and pre-marital sex remain in

the same levels as five years ago.

Source: Mc Cann Erickson Study on “What’s Your Box:

2006 Intergeneration Study”

CEAP SMX NATIONAL

ASSEMBLY 083012

162


Personally Considered Wrong (in %)

(Balance Luzon)

Use forbidden drugs

Cheat on boyfriend/girlfriend

Sell or buy illegal drugs

Take something w/o paying

Sell oneself for sex

Stay away from school/work

Drunk driving

Avoid paying taxes

Marital infidelity

Divorce/separation

Look at porn material

Hazing

Cheat in school

Use violence

Source: Mc Cann Erickson Study on “What’s Your Box:

2006 Intergeneration Study”

0 10 20 30 40 50 60 70 80 90 100

2005

2000


Personally Considered Wrong (in %)

(Balance Luzon)

Smoke cigarettes

Use sexually explicit language

Sell porn material

Pre-marital sex

Gambling

Phone/internet sex

Getting drunk

Race a car or motorbike

Abortion

Homosexual relationship

Use a prostitute

Source: Mc Cann Erickson Study on “What’s Your Box:

2006 Intergeneration Study”

0 10 20 30 40 50 60 70 80 90 100

2005

2000


Youth’s 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 country’s most

conservative teens.

Source: Mc Cann Erickson Study on “What’s Your Box:

2006 Intergeneration Study”

CEAP SMX NATIONAL

ASSEMBLY 083012

165


NEW CASES: USUAL SCENARIOS

• a girlfriend in the Philippines exposes her

breasts online to her boyfriend and is

captured on-cam. Sexy pictures are uploaded

after she splits with boyfriend

• downloading sexy pictures or x-rated

movies, and inserting photo of another

person using Photoshop

• conversations in private chat rooms or

email correspondences in yahoogroups

CEAP SMX NATIONAL

ASSEMBLY 083012

166


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 SMX NATIONAL

ASSEMBLY 083012

167


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 SMX NATIONAL

ASSEMBLY 083012

168


COMMON FORMS OF

CYBERBULLYING

CEAP SMX NATIONAL

ASSEMBLY 083012

169


Fake multiply or facebook site

with the maligned person as

alleged site owner. Anonymous

bully writes down nasty or

malicious statements under the

assumed name of the victim

CEAP SMX NATIONAL

ASSEMBLY 083012

170


CEAP SMX NATIONAL

ASSEMBLY 083012

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

171


Using on-line sites or yahoogroups

to defame another, or threaten to

defame them if the victim would not

give in to their whims and wishes.

Threatened uploading of private

messages, emails and/or photos as a

means to solicit sexual favors

CEAP SMX NATIONAL

ASSEMBLY 083012

172


Cyberbulling can also occur when:

• Students start maliciously posting

mobile phone photos of their victims or

teachers on the Internet,

• setting up a web page under assumed

name (the victim) or about their victim or

teacher on a social networking site

• posing online as the victim in chat

rooms

CEAP SMX NATIONAL

ASSEMBLY 083012

173


WHY CYBER BULLY?

When teens are brought to the point

of intense anger, need for revenge or

tear-inducing frustration, no one can

predict what they will do. Most cyber

bullying though not only stems from

these but also because they want to

become entertained or they’re very

bored and have too much time on

their hands.

CEAP SMX NATIONAL

ASSEMBLY 083012

174


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/thewriting-facebook-wall)

CEAP SMX NATIONAL

ASSEMBLY 083012

175


PSYCHOLOGICAL CONSEQUENCES

OF CYBERBULLYING:

• fear, anxiety, restlessness.

• damage to the victim’s welfare

and physical well-being,

• low esteem and lacking in self-

confidence which may eventually

damage their social worth.

CEAP SMX NATIONAL

ASSEMBLY 083012

176


Although there are no reported

deaths or suicides yet in the

Philippines that have been

linked to cyberbullying, there

are numerous instances of

reported suicides on account

of cyberbullying in the United

States

CEAP SMX NATIONAL

ASSEMBLY 083012

177


This is the story of JAMEY

RODEMEYER of Buffalo, New York.

CEAP SMX NATIONAL

ASSEMBLY 083012

178


CEAP SMX NATIONAL

ASSEMBLY 083012

179


NULLUM CRIMEN,

SINE LEGE.

There is no crime

where there is no law.

CEAP SMX NATIONAL

ASSEMBLY 083012

180


We still do not have a law on cyber

stalking or cyber bullying.

What we presently have is

Republic Act No. 8792, or the E-

Commerce Act, which does not

fully address the ramifications and

concerns on cyberbullying

CEAP SMX NATIONAL

ASSEMBLY 083012

181


The Senate Committee has so far

drafted SENATE BILL 2796,

entitled the “CYBERCRIME

PREVENTION ACT OF

2011,” sponsored by Senator

Edgardo Angara.

CEAP SMX NATIONAL

ASSEMBLY 083012

182


Senator Miriam Defensor- Santiago had

filed SENATE BILL NO. 2677, OR

THE ANTI-BULLYING SCHOOL

POLICY ACT, which would require

schools to create concrete policies to

address the issue of bullying,

particularly those involving the use of

the Internet and digital I technologies

such as cellphones and computers, and

to subject offending students and

minors to disciplinary actions

CEAP SMX NATIONAL

ASSEMBLY 083012

183


WHAT CAN BE DONE?

The School may promulgate a

specific “anti-bullying policy”

and undertake an information

campaign aimed at letting

kids know that bullying and

cyberbullying are prohibited

CEAP SMX NATIONAL

ASSEMBLY 083012

184


• Tell students to think before

they post any message and to

be nice online.

• If the student has been cyber-

bullied or has witnessed one,

direct him NOT to retaliate

and to immediately report the

bad behavior to his parents

or teachers

CEAP SMX NATIONAL

ASSEMBLY 083012

185


• Tell students never pass

along harmful or cruel

messages or images. Train

students to delete

suspicious email messages

without opening them.

CEAP SMX NATIONAL

ASSEMBLY 083012

186


• Ask students to step up to

friends who are

cyberbullying and tell them

to stop.

• Teach students how to use

technology to block

communication with

cyberbullies.

CEAP SMX NATIONAL

ASSEMBLY 083012

187


At home, supervise your

child’s time online. Putting

the computer in a common

area, such as the kitchen,

is a good idea.

CEAP SMX NATIONAL

ASSEMBLY 083012

188


Addressing cyberbullying

school-wide is key -- help

institute a formal policy for

dealing with any cyberbullying

instances. Be sure students

fully understand the

consequences.

CEAP SMX NATIONAL

ASSEMBLY 083012

189


Teach students the basics of

smart and savvy Web behavior,

such as never revealing

passwords or real last names.

Pay attention. If you notice a

student is withdrawn, depressed

or reluctant to attend school or

social events, investigate.

CEAP SMX NATIONAL

ASSEMBLY 083012

190


CEAP SMX NATIONAL

ASSEMBLY 083012

191


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 SMX NATIONAL

ASSEMBLY 083012

192


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 SMX NATIONAL

ASSEMBLY 083012

193


STATE’S RECOGNITION OF THE

COMPLEMENTARY ROLES OF PUBLIC AND

PRIVATE INSTITUTION IN THE REALM OF

EDUCATION

B.P 232, Sec. 41. The government, in recognition of

their complementary role in the educational system,

may provide aid to the programs of private schools in

the form of grants or scholarships, or loans from

government financial institutions: Provided, That

such programs meet certain defined educational

requirements and standards and contribute to the

attainment of national development goals.

CEAP SMX NATIONAL

ASSEMBLY 083012

194


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 SMX NATIONAL

ASSEMBLY 083012

195


PROVIDED THAT THE LAND,

INCOME OR DONATION IS USED

ACTUALLY, DIRECTLY,

AND EXCLUSIVELY FOR

EDUCATIONAL PURPOSES

CEAP SMX NATIONAL

ASSEMBLY 083012

196


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 SMX NATIONAL

ASSEMBLY 083012

197


SITUATION:

SCHOOL WITH A CANTEEN.

HOW IS IT TO BE TAXED?

CEAP SMX NATIONAL

ASSEMBLY 083012

198


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 SMX NATIONAL

ASSEMBLY 083012

199


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 SMX NATIONAL

ASSEMBLY 083012

200


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 SMX NATIONAL

ASSEMBLY 083012

201


The government does not exempt

educational institutions from paying

local taxes or impositions such as

Mayor’s 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 Mayor’s and/or business

permits. Sarmiento, Ulpiano. supra., at 854.

CEAP SMX NATIONAL

ASSEMBLY 083012

202


ISSUE:

WHAT IF THE PROFITS OF THE

CANTEEN WERE USED TO

SUBSIDIZE SCHOLARSHIPS?

SUBSIDIZE HOSPITALIZATION

EXPENSES FOR NUNS AND

EMPLOYEES?

CEAP SMX NATIONAL

ASSEMBLY 083012

203


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 SMX NATIONAL

ASSEMBLY 083012

204


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 of its primary objectives.

CEAP SMX NATIONAL

ASSEMBLY 083012

205


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 SMX NATIONAL

ASSEMBLY 083012

206


CEAP SMX NATIONAL

ASSEMBLY 083012

207

More magazines by this user
Similar magazines