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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 



2

ACADEMIC FREEDOM VS. 

FREEDOM OF EXPRESSION OR 

FREEDOM OF RELIGION 

ATENEO PROFESSORS 

WEARING OF HIJAB 

• CYBERBULLYING 

• TAXATION, DOC STAMPS AND 

PERMITS ISSUES 



3

POSSIBLE ISSUES 

FOR TEACHERS 

ARISING FROM THE 

SHIFT TO K-12: 



4



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. 



6

How Do 

We Add 

the Two 

Years? 



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8



9



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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. 



11



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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. 



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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? 



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3. What are the academic 

qualifications for teachers 

that will be assigned or 

hired to teach Grades 11 

and 12? 



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1. Whether the 4-year or 5- 

year academic courses 

will be lessened to 3- 

years or 4-years 

respectively? 



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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 



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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 



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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 



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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? 



21



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SCENARIO 1: 

BASIC 

EDUCATION 

SCHOOL DOES 

NOT SET UP AN 

11 TH AND 12 TH 

GRADE; NO 

COLLEGE LEVEL 



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PARAMETERS OF 

SCENARIO 1: 

1. K-12 FULLY IMPLEMENTED 

2. AY 2016-2017 

AY 2017-2018 

3. NO COLLEGE LEVEL 



GRADES 11 TH 

AND 12 TH NOT 

TO BE SET UP 

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1.1 NO ADDITIONAL 

REQUIREMENT FOR 

FACULTY AND 

HENCE, NO 

MOVEMENT 



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1.2 SCHOOL GIVES 

CERTIFICATE FOR 

JUNIOR HIGH SCHOOL, 

AND RELEASES TRANSFER 

CREDENTIALS FOR JUNIOR 

HIGH SCHOOL GRADUATE 



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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 


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• NO ADDITIONAL EXPENSES 

• NO LOGISTICAL PROBLEM 

ON FACULTY MOVEMENT 



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• POSSIBILITY THAT SCHOOL 

MAY LOSE SOME OF THE HIGH 

SCHOOL GR7-10 MARKET AS 

PARENTS WOULD WANT 

INTEGRATED SENIOR HIGH 

SCHOOL 



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SCENARIO 2: 

BASIC 

EDUCATION 

SCHOOL WILL 

SET UP 11 TH AND 

12 TH GRADES; NO 

COLLEGE LEVEL 



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PARAMETERS OF 

SCENARIO 2: 


2. AY 2016-2017 

AY 2017-2018 

3. NO COLLEGE LEVEL 



GRADES 11 TH 

AND 12 TH TO BE 

SET UP BY 

SCHOOL 

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2.1 CHECK WHETHER THE 

SCHOOL’S PRESENT 

FACULTY COMPLEMENT 

HAVE THE NECESSARY 

NUMBERS TO ADDRESS 

THE ADDITIONAL TWO 

(2) YEARS 



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2.2 IF PRESENT FACULTY 

COMPLEMENT 

SUFFICIENT TO 

ADDRESS THE 11 TH -12 TH 

GRADES REQUIREMENT, 

THEN SIMPLY ASSIGN 

SUBJECTS TO THEM. 

CONSIDER OVERLOAD 



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2.3 IF PRESENT FACULTY 

COMPLEMENT IS NOT 

SUFFICIENT TO 

ADDRESS THE 11 TH -12 TH 

GRADES REQUIREMENT, 

THEN SCHOOL MUST 

HIRE NEW FACULTY 



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• 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 


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• 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 



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• IF FACULTY IS NOT SUFFICIENT, 

SCHOOL MUST HIRE NEW 

FACULTY 

• ADDITIONAL EXPENSES TO BE 

INCURRED FOR FACILITIES 

AND FACULTY PAY 



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• IF FACULTY IS SUFFICIENT, 

LOGISTICAL PROBLEMS ON 

FACULTY MOVEMENT, 

PRIORITIZATION AS TO 

ASSIGNMENTS WILL ARISE 

• MINOR ISSUE ON PAY RATE 

(TO BE DISCUSSED LATER) 



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SCENARIO 3: 

BASIC 

EDUCATION 

SCHOOL WILL 

SET UP 11 TH AND 

12 TH GRADES; 

WITH COLLEGE 

LEVEL 



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SCENARIO 4: 

COLLEGE LEVEL; 

WITH OR WITHOUT 

BASIC ED SCHOOL 

BUT PUTTING UP 

11 TH- 12 TH GRADES 



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PARAMETERS OF 

SCENARIOS 3 & 4: 


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 



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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 



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PROBLEM: 

WHAT TO DO WITH 

COLLEGE 

PROFESSORS IN THE 

1 ST AND 2 ND YEAR 

LEVELS WHO WILL 

NOT HAVE LOAD FOR 

TWO YEARS? 



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ASSIGN GRADE 11-12 

SUBJECTS TO 

QUALIFIED 

PROFESSORS FROM 

THE COLLEGE LEVEL 



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FROM AMONG EXISTING 

COLLEGE FACULTY 



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COLLEGE 

PROF – 

LICENSED 

Bed 

TEACHER 

SORTING HAT 



COLLEGE 

PROF – 

WITHOUT 

LICENSURE 

EXAM; check 

also FULL-TIME 

AND PART-TIME 

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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 



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COLLEGE PROFESSOR 

WHO IS ALSO LICENSED 

Bed TEACHER 

TO BE GIVEN PRIORITY IN 

ASSIGNMENT OF 11 TH -12 TH 

GRADE SUBJECTS 



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THOSE WHO 

ARE WILLING 

TO TEACH 

GR 11-12 

FROM AMONG EXISTING FULL- 

TIME COLLEGE FACULTY 



THOSE WHO 

ARE NOT 

WILLING TO 

TEACH 

GR 11-12 

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THOSE WILLING 

TO TAKE 

LICENSURE 

EXAM IN TIME 

FOR 2016-2018 

FULL-TIME COLLEGE PROF 

WILLING TO TEACH GR 11-12 



ENABLING LAW 

ALLOWS 

COLLEGE 

PROFESSORS TO 

TEACH GR11-12 

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ASSIGN TO 

RESEARCH 

OR ADMIN 

WORK FOR 

TWO YEARS 


NOT WILLING OR UNABLE 

TO TEACH GR 11-12 

AGREE TO 

PUT ON 

FLOATING 

STATUS OR 

SABBATICAL 

WITHOUT 


PAY 


RETRENCH- 

MENT OR 

REDUNDANCY 

OR EARLY 

RETIREMENT 

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• 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 



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• 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 



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SCENARIO 5: 

STAND-ALONE 

COLLEGE OR 

UNIVERSITY 

WITHOUT K-12 

NO 1 ST AND 2 ND 

YEAR STUDENTS 

2016-2018 



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PARAMETERS OF 

SCENARIO 5: 


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 



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ASSIGN TO 

RESEARCH 

OR ADMIN 

WORK FOR 

TWO YEARS 


WITHOUT ANY SUBJECT LOAD 

FOR TWO YEARS 

AGREE TO 

PUT ON 

FLOATING 

STATUS OR 

SABBATICAL 

WITHOUT 


PAY 


RETRENCH- 

MENT OR 

REDUNDANCY 

OR EARLY 

RETIREMENT 

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• POSSIBLE TO RETAIN ENTIRE 

FACULTY, IF ALL CAN BE 

ACCOMMODATED TO ADMIN OR 

RESEARCH POSITIONS 

• LESS ADMIN COSTS 



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• INCUR HIGH EXPENSES ON 

SEPARATION PAY AND / OTHER 

BENEFITS, IF ALL HAVE TO BE 

RETRENCHED OR DECLARED 

REDUNDANT 

• POSSIBILITY OF CLOSURE OF 

SCHOOL / BANKRUPTCY 



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ASSIGN OR 

SECOND THE 

COLLEGE 

PROFESSORS 

TO THE 

CONSORTIUM 



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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) 



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ISSUES: 

1.WILL THE CONSORTIUM 

SCHOOL BE CONSIDERED 

A SEPARATE JURIDICAL 

ENTITY? 



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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 



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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) 



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FREEZE HIRING 

PRIOR TO 

2016-2018 

• ONLY PART-TIMERS 

TO BE HIRED 

• PRESENT FACULTY 

TO BE PREPARED FOR 

TRANSITION 



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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? 



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OPTIONS 

1. Same rate as the Basic 

Education teachers – 

possibly diminution of salary 

and hence, may only be done 

with consent of faculty 



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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 



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4. If does not agree to 

Options 1 or 3, then: 

Retrenchment 

Redundancy 

Floating Status 

Early Retirement 



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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). 



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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. 



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• 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. 

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MATRIX IN THE CONTEXT OF 

THE INSTITUTION 

ACADEMIC FREEDOM 

VS VS 

THE TEACHER THE STUDENT 



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• 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]). 



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(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. 



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WHAT MAY BE 

TAUGHT? 



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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. 



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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; 



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(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 



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 


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 



84



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? 



86

Freedom of thought 

and expression 

vis-a-vis 

Catholic doctrines of 

faith. 



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88

Reproductive health and 

population control through 

artificial contraception 

higher sciences’ 

experimentations on cloning 

of human beings and artificial 

insemination 



89

HOW IT MAY 

BE TAUGHT? 



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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. 



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. 



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. 



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. 



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. 



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. 



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. 



97


ATENEO AS A 

CATHOLIC UNIVERSITY 

VS 



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. 



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. 



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. 



101

CEAP POSITION: 



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. 



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. 



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. 



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 



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 



107

“compelling rationality” 

Rationality that is based on 

discussion and assent, as 

enlightened by believers 

in a plural society. 



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 



109

IS THIS AN ISSUE 

WHICH THE COURTS 

MAY RULE UPON? 



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 


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 



112



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. 



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. 



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. 



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 


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. 



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” 



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 



120

“CONDUCT THAT RENDERS 

THE TEACHER UNFIT TO 

TEACH IN A CATHOLIC 

UNIVERSITY” 



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. 


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) 


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 



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. 



127

MATRIX IN THE CONTEXT OF 


THE INSTITUTION 

VS 



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 



129

BALANCE THE CONFLICTING 

INTERESTS IN THE CONTEXT OF 

THE EXISTING CIRCUMSTANCES 

• PLACE vis-à-vis students 

enrolled 

• student market 

• cultural sensitivities 



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. 



131

STUDENT INFRACTIONS 

ARISING FROM 

INTERNET AND MEDIA 

INFLUENCE ON STUDENT 

BEHAVIOR 



132

• Cyber-bullying through 

Facebook and Multiply 

site use 

• US trends in media- 

influenced errant 

behavior of students 



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 



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.” 



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. 



137

Among the highlights in 

the Digital Philippines 

2011 Yahoo-Nielsen 

Net Index are as 

follows: 



138

There is increased time spent online 

across mediums and locations, viz., 

home, school, work, and internet cafes. 



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. 



140

Online social networks 

present a new and growing 

environment wherein people 

exchange social information 

and manage impressions 



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. 



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 



143

MAJOR SOURCES 

OF INFORMATION 

AND COMMUNICATION 



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 



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 





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 





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 





148



149



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 


2006 Intergeneration Study” 



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” 



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” 



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. 





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 



0 10 20 30 40 50 60 70 80 90 100 

2005 

2000 

1992


(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 



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. 


2006 Intergeneration Study” 157 


ASSEMBLY 083012


(Mindanao) 







Drunk driving 





Hazing 


Use violence 



0 10 20 30 40 50 60 70 80 90 100 

2005 

2000


(Mindanao) 





Gambling 


Getting 

drunk 


Abortion 





0 10 20 30 40 50 60 70 80 90 100 

Stricter than before 

2005 

2000


(Visayas) 







Drunk driving 





Hazing 


Use violence 



0 10 20 30 40 50 60 70 80 90 100 

But 

stricter 

on 

selling 

oneself 

! 

2005 

2000


(Visayas) 





Gambling 


Getting drunk 


Abortion 


0 10 20 30 40 50 60 70 80 90 100 

Stricter than before 

2005 

Use a prostitute 2000 


2006 Intergeneration Study”


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. 





162


(Balance Luzon) 







Drunk driving 





Hazing 


Use violence 



0 10 20 30 40 50 60 70 80 90 100 

2005 

2000


(Balance Luzon) 





Gambling 


Getting drunk 


Abortion 





0 10 20 30 40 50 60 70 80 90 100 

2005 

2000


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. 





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 



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. 



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. 



168

COMMON FORMS OF 

CYBERBULLYING 



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 



170



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 



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 



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. 



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) 



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. 



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 



177

This is the story of JAMEY 

RODEMEYER of Buffalo, New York. 



178



179

NULLUM CRIMEN, 

SINE LEGE. 

There is no crime 

where there is no law. 



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 



181

The Senate Committee has so far 

drafted SENATE BILL 2796, 

entitled the “CYBERCRIME 

PREVENTION ACT OF 

2011,” sponsored by Senator 

Edgardo Angara. 



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 



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 



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 



185

• Tell students never pass 

along harmful or cruel 

messages or images. Train 

students to delete 

suspicious email messages 

without opening them. 



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. 



187

At home, supervise your 

child’s time online. Putting 

the computer in a common 

area, such as the kitchen, 

is a good idea. 



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. 



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. 



190



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) 



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 



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. 



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 



195

PROVIDED THAT THE LAND, 

INCOME OR DONATION IS USED 

ACTUALLY, DIRECTLY, 

AND EXCLUSIVELY FOR 

EDUCATIONAL PURPOSES 



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. 



197

SITUATION: 

SCHOOL WITH A CANTEEN. 

HOW IS IT TO BE TAXED? 



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 



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. 



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. 



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. 



202

ISSUE: 

WHAT IF THE PROFITS OF THE 

CANTEEN WERE USED TO 

SUBSIDIZE SCHOLARSHIPS? 

SUBSIDIZE HOSPITALIZATION 

EXPENSES FOR NUNS AND 

EMPLOYEES? 



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. 



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. 



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 



206



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