We the teachers are patronized by our heads in our schools, as a Professional & Educators , we need to respect our Head Teachers / Principals which is they are the leader of leaders in our school. Even though there are some cases that there are some teachers that they don’t respect their heads because they over crowned by their positions.

There are 2 positions involve here. The heads &Teachers

As a Head, In line with the ideas, objectives that will implement in your school / in our school, in order to have a very smooth sharing of ideas, respect each idea then plan for the result of each idea which is resulting effective and good to teachers & students. In short you need to have transparency and respect.

THE LEGAL BASIS OF“ TEACHERS AS PERSON

IN AUTHORITY

Introduction of “PERSONS IN A Definitions UTHORITY” P in A distinguished from agents of Person in Authority. Original concept of Teachers as Persons in Authority When a Teacher is not deemed a person in Authority. Direct assault differentiated from resistance and disobedience Limitations

INTRODUCTION

This chapter presents a discussion on the legal bases of “ Teachers as persons in Authority”. The importance of this dimension in the life of teachers cannot be overemphasized. In several instances, the authority of the teacher had been put to the limelight.

With the topic is to discuss the legalities behind the phrase “ Teachers as persons in authority”.

DEFINITIONS OF PERSONS IN AUTHORITY

Under the revised Penal Code of the Philippines, a person in authority is one directly vested with jurisdiction, whether as an individual or a member of some court or government corporation, board or commission.

“ ( Article 152, Revised Penal Code.)”

In essence, teachers are not person in authority since they are not directly vested with jurisdiction or power to govern and execute laws. but “by legal fiction” because of the provisions of commonwealth act 578 duly amended by article 152 of the revised penal code, teachers became persons in authority

by the phrase “ directly vested with jurisdiction” is a meant the power or authority to govern and execute the laws, particularly the authority vested in the judges to administer justice, that is, try civil or criminal cases or both and to render judgment in accordance with laws ( people vs. mendoza, 59 phil. 163 ).

the term persons in authority according to court decisions. also include municipal mayor, provincial fiscals, municipal councilors and barangay chairman.

PERSONS IN AUTHORITY DISTINGUISHED FROM AGENTS OF PERSON IN AUTHORITY

Person in authority should not be taken to mean as agent of a person in authority. This is because an agent of a person in authority is one who, by “ direct provision of law or by election or by appointment by competent authority is charged with the maintenance of public order and the protection and security of life and property, such as barrio policeman and any person who comes to the aid of persons in authority.”

The following are considered as agents of persons in authority: Policeman, municipal treasurer, postmaster, rural policeman, sheriff, agent of the BIR. So when a policeman claims that he is a person in authority, he is absolutely and legally wrong because he is just an agent of persons in authority.

Persons in Authority as Differentiated from public officers

Persons in a uthority should also be differentiated from public officer. A public officer is “any person who, by direct provision of law, popular elections or appointment by competent authority, shall take part in the performance of public functions in the government of the Philippines or shall perform in said government public duties as an employee, agent or subordinate official or any rank or class. “ Article 203, revised Penal Code).

In essence, therefore, any person in the government service is a public officer as defined. But the important thing is that he is not necessarily a person in authority or an agent thereof.

ORIGINAL CONCEPT OF TEACHERS AS PERSONS IN AUTHORITY

It is originally conceived that law did not consider teachers a person in authority. It was held in people Vs. Mendoza, 59 Phil 163, that when a high school student slapped his teacher on the check while she was engaged in the performance of her duties as a teacher, the crime committed was only a “light felony. This offence is punishable by the imprisonment of not more than 30 days instead of “ assault” upon a person in authority punishable up to 6 years of prison correctional.

From then on, there were several instances of assault and attacks against teachers, instructors, professors, and other public and private officials of schools.

With the passage of Commonwealth Act. No.578 on June 8, 1940, which amended Article 152 of the RPC, this picture completely changed.

With the act, teachers, professors, and the persons charged with supervision of educational institutions were raised to the rank of the persons in authority.

The intent and spirit behind the amendment are very obvious. They are inherently rooted in the very person of the teacher who is not merely an intellectual referee in the intellectual playfield and in the market of ideas but a person of dignity and respect.

WHEN A TEACHER IS NOT DEEMED A PERSON IN AUTHORITY”

Ex. When the teacher goes out of the classroom to talk a person on matters not related to the school or his duties.

Assault upon a person in authority, nevertheless, does not consist merely in attacking or laying hands on the persons in authority. It also extends to serious resistance.

TEACHERS AND THEIR SECURITY OF TENURE: SOME LEGAL BASES

The 1987 Philippine Constitution, Article IX, B. The Civil service Commission, Sec. 2, sub section 3 states: No officer or employee of the civil service shall be removed or suspended except for cause provided by law. Sub-section 6 also provides: Temporary employees of the Government shall be given such protection as may be provided by law.

THE ESSENCE OF SECURITY OF TENURE

“Nothing can be more demoralizing to a group of civil servants than the fear that they might be removed from their posts anytime at the pleasure of their superiors.”

Thus, it is essentially true that a demoralized force is an inefficient force. Security of tenure is a conditio sine qua non ( condition that is indispensable) for obtaining efficiency and effectiveness in the Civil Servise.

Thank you So much

Erwin P. AbonZaldy Allado