PART II

GENERAL INSTRUCTION. The following are cases that you need to analyze and
answer in accordance with the legal bases of education we discussed. Answer them
as brief as you could (2 to 4 sentences). The first sentence should directly state
your reasons/stand on the case/issue. The following sentences must contain the
specific legal basis, among others. Each case is 5 points. Submit this one on June 6.

Concept check 6.1

Pursuant to the policy on access to education, no learner is denied of enrolment in
any public schools. However this policy causes problems on lack of classrooms,
overcrowding of learners and insufficient instructional materials, among others.
Does this mean that focusing on access may hinder quality education? How could
the government maintain a good mix of access and quality education in schools?

•Focusing on access may hinder quality education if the infrastructure, such as classrooms and
materials, is inadequate. The government should ensure a balance by increasing investment in
facilities and teacher training while maintaining open enrollment policies, as required by the
Education Act of 1982.

Concept check 6.2

Which is better indicator of quality education, having two national with 82%
institutional passing rate in the licensure Examination for Teachers or having
100% institutional passing rate without national topnatchers? Why?

•The 100% institutional passing rate without national topnotchers is a better indicator of quality
education because it reflects the consistent performance of graduates, which is more indicative of the
institution's overall effectiveness in preparing its students. This aligns with the standards set by the
Commission on Higher Education (CHED).

Concept check 6.3

Angelo was denied of enrolment at Cagayan State University (CSU) on the basis
that his grade does not satisfy the high school average grade required by the
course he intends to enrol. He questioned the policy considering that CSU as a
state-owned institution must cater to the educational needs of the public,
particularly the poor and marginalized. Moreover, he argued that his denial is a
violation of the constitutional provision of making education accessible to all. Is
the claim of Angelo tenable? Why?

•Angelo’s claim is not tenable. CSU, as a state university, is still bound by its admission requirements,
which can include academic standards. The right to access education does not negate the institution's
ability to set eligibility criteria, as outlined by the CHED and the constitutional provisions on academic
freedom.

Concept check 6.4

Noel is a physical disabled learner who wanted to enrol in the College of Teacher
Education. However, his enrolment was denied by the dean on the ground that he
will be a laughing stock of learners when he becomes a teacher later on. Is the
denial of founded upon with reasonable ground? Why?

•The denial is not founded on reasonable grounds. According to the Magna Carta for Disabled
Persons, Noel has the right to education, and discrimination based on disability is prohibited unless
there are valid educational reasons, which do not seem to apply here.

Concept check 6.5

Is the offering of Alternative Learning System (ALS), Education for Children with
special needs and Early Childhood Education considered a mechanism of the
government to provide complete education? why?

•Yes, the offering of ALS, education for children with special needs, and early childhood education is a
mechanism of the government to provide complete education, as mandated by the Education Act of
1982, which seeks to cater to diverse learner needs.

Concept check 6.6

Sally, Rose and Mary were not admitted to study in a University for failure to pass
the admission cut-off score. Consequently, they staged a rally, together with
thirty (30) similarly situated students as this is a violation of their right to
universal access to quality tertiary education. Is their act legal? Why?

•The act is not legal. While the right to education is protected, public universities have the right to set
admission standards, and failure to meet those standards does not constitute a violation of access to
education as long as other opportunities exist.

Concept check 6.7

Tony, 10 years old, was not sent by his parents to school even when he has
reached school age. He sought the help of the court on the grounds that
elementary education is compulsory for all children of school age. Is the denial of
his elementary education wrong? Why?

•Yes, the denial is wrong. Elementary education is compulsory for all children of school age, as
provided by the Education Act of 1982, and failure to send Tony to school violates his rights to basic
education.

Concept check 6.8

Under Educational Service Constructing (ESC) Scheme, learners who are not
accommodated in the public schools due to lack of teachers, classrooms and
instructional materials are enrolled in in private schools with the government
paying all their fees. This mechanism is advantageous to the government as it
saves more money in the construct of classrooms, creating plantilla items for
teachers, and procurement of instructional materials. Is this case of ensuring
access and equity relevance and adequacy in education? Why?

•This case is relevant for ensuring access and equity. The ESC Scheme allows students who cannot be
accommodated in public schools to receive education in private institutions, ensuring that students'
access to education is not hindered by overcrowded public schools, as per the Education Act.

Concept Check 6.9

Alma is enrolled in a public high school. As a way of enhancing their lesson in
Edukasyon sa Pagpapakatao subject, they were all required to attend after school
hours the Christian fellowship conducted by the teacher in the school. Her parents
complained that the directive is a violation of non-compulsory of religious
instruction. Is the parent’s argument tenable? Why?
•The parent’s argument is tenable. Religious instruction in public schools is non-compulsory under
the 1987 Constitution, and any mandatory religious activities in public schools violate this provision.

Concept Check 6.10

Saint Luke University is a privately owned tertiary Institution. All the employees
and learners are Filipinos and sixty percent of its shares of stock are owned by an
Indian national. Is the Existence of the school constitutional? Why?

•Yes, the existence of the school is constitutional. According to the Constitution, private educational
institutions may be owned by foreign nationals, provided that 60% of the capital is Filipino-owned,
which applies in this case.

Concept Check 6.11

A Christian missionary group established an elementary school in Tuguegarao
City. The City Assessor’s Office assessed the real property tax of the lot where the
school was constructed. It further required the missionaries to pay its property tax
yearly. Is the assessment of the real property tax valid? Why?

•The assessment is valid. Educational institutions are not exempt from property tax unless they are
specifically granted tax-exempt status by the government, which typically applies to non-profit
institutions, not all educational institutions.

Concept Check 6.12

Carl is a master’s degree graduate from University X. He was discovered to have
copied a thesis from another university abroad. In effect, University X withdrew
the degree bestowed upon him. He disputed the decision in as much as degree
has already been conferred. To his opinion, the act is already moot and academic.
Is the act of the institution justifiable? Why?

•The institution's action is justifiable. The act of plagiarism is a breach of academic integrity, and the
university has the right to revoke a degree based on ethical misconduct, as outlined by the
institution's policies and academic standards.

Concept Check 6.13

After due process, Ben was dismissed from his University due to hazing and
destruction of school properties, and disrespect of school authorities. Ben
contested his dismissal for two reasons: (1) his right to pursue his education in
the University and (2) his right to complete the course he wants to pursue. The
second argument is based on premise that upon enrolment, he has contracted
with the school and it has a contractual obligation to afford him education until he
finishes his degree. The latter being that since his enrolment, the school is
considered contractually obligated to afford him education. Is there merit in Ben’s
contestation? Why?

•There is no merit in Ben’s contestation. The university has the right to dismiss students for
misconduct after due process, as it upholds the integrity of the academic institution and enforces
rules that ensure a conducive learning environment.

Concept Check 6.14

Teacher Ronnie was terminated from service because he got a rating of 83%,
81%, 84%, and 82% for four consecutive rating periods. The Teacher’s manual
requires that teachers obtain a minimum teaching effectiveness rating of 85%
which is satisfactory. Teacher Ronnie questioned the teaching effectiveness rating
of the school unreasonable and unfair inasmuch as 75% is the passing rate by
normal standard. Is the argument of Teacher Ronnie tenable? Why?

•The argument of Teacher Ronnie is not tenable. The teaching effectiveness rating is based on the
school's policies, which are legally binding, and it is reasonable for the school to set higher standards
for teacher performance as mandated by the Department of Education.

Concept Check 6.15

Trisha is a third-year nursing student from catholic University who was denied
enrolment because she joined a Bikini contest. The student Manual declares that
joining such contest in an offense with the corresponding penalty of expulsion.
Trisha contested the validity of disciplinary action of two grounds. First, she never
identified her school during the contest. Second, the activity was beyond the
concern of the school, in as much as it was done during a semestral break and
that she was not in contract with the school in that period. Is the argument of
Trisha tenable? Why?

•Trisha’s argument is not tenable. The school has the authority to enforce its student code of
conduct, including discipline for behavior that reflects negatively on the institution, regardless of
whether the activity occurred during the break.

Concept Check 6.16

Does assigning the highest budgetary priority to education mean ensuring that
teaching will attract the best available talents or does it mean ensuring more
classrooms, teacher plantilla items, free tuition fees, and instructional materials
for learners?

•The highest budgetary priority should address both aspects: attracting talented educators through
competitive salaries and improving educational infrastructure. Both elements are vital to ensuring
quality education, as stated in the Philippine Constitution and various education laws.

Concept Check 6.17

Does the adaptation of national language in our Constitution mean addressing the
need to do away with colonial mentality or unifying the Filipinos through a
language that facilitates effective communication among diverse linguistic
groups? Why?

•The adoption of a national language addresses the need for effective communication among diverse
linguistic groups, fostering national unity. This aligns with the constitutional goal of promoting a
common language for Filipinos.

Concept Check 6.18

Teacher Micheal, a high school teacher, asked Luis, one of his learners, to pay his
electricity bill as the disconnection order is at hand. He cannot personally do the
payment because he has to finish his lecturein a regional seminar hosted by the
school. On his way, Luis met an accident causing him severe injuries. Is the
Teacher Micheal liable? Why?

•Yes, Teacher Michael is liable. Teachers are responsible for the welfare of their students under their
care. Asking a student to pay personal bills imposes undue responsibility on the student, which led to
the accident.

Concept Check 6.19

Jose, a high school learner, aged 21, left the class without asking permission from
his teacher. On his way home, he met an accident causing internal haemorrhage
in his brain and bruises all over his body. The parents accused his teacher, Miss
Dy, for her negligence. However, Miss Dy argued that she is not liable for the
accident because Jose is of reasonable age and that he escaped purposely from
her class. In your opinion, whose claim is valid? Why?

•Miss Dy’s claim is valid. The teacher is not liable for the accident, as Jose left class without
permission and engaged in behavior outside the scope of her responsibility. However, the teacher
should have ensured that the student left school properly.

Concept Check 6.21

During an authorized field trip, three learners suffered severe injuries because
they fell off a cliff while taking their selfies. The parents accused both the school
administrators and teachers and demanded payment of their medications and
other needs. The school administrators and teachers refused the required
payment because the parents signed a waiver stating the non-liability of the
school for any untoward incident encountered by their children during the trip. Is
the justification of the administrators and teachers tenable? Why?

•The justification of the administrators and teachers is not tenable. Despite the waiver, the school still
has a duty of care to its students during authorized activities, and waivers cannot override the
responsibility for safety and negligence.

Concept Check 6.22

Miss Perez has a teacher’s license that will expire a year from now. Under the
PRC’s Continuing Professional Development (CPD), How credit units must she earn
to be eligible for renewal?
•Under PRC's Continuing Professional Development (CPD), Miss Perez must earn 45 credit units for
the renewal of her teacher's license, as mandated by the CPD Act of 2016.

Concept Check 6.23

Lotto betting is part of the daily activity of Teacher Bong whenever he goes to the
market. Is his engagement into such activity considered a ground for the
revocation, suspension, and cancelation of his teacher’s license? Why?

•Yes, Teacher Bong’s engagement in lotto betting is a ground for revocation or suspension of his
license. It constitutes immoral conduct, which is prohibited under the Code of Ethics for Professional
Teachers.

Concept Check 6.24

If Lydia de Vega, a retired athlete and hailed as Asia’s fastest female runner in the
1980’s will consider teaching in the sports track of the senior high school, what
teaching license can she use in her application? Why?

•Lydia de Vega may apply for a teaching license in sports education, as she can qualify for the DepEd’s
specific requirements for teaching physical education in senior high school under the CHED
guidelines.

Concept Check 6.25

A University enjoys the following privileges, namely (a) exemption from the
issuance of special Order (S.0) to its graduates; (b) offering of new courses or
programs in the undergraduate and graduate levels in its areas of expertise
without securing permit from CHED; and (c) authority to grant an honorary degree
to deserving individuals. Are these privileges enjoyed under COE status? Why?

•Yes, these privileges are enjoyed under the Center of Excellence (COE) status, which grants
institutions autonomy and authority in offering certain programs and conferring honorary degrees as
per CHED guidelines.

General Instructions:

 Answer to each case must be simple and concise. 2 sentences may do (First
sentence states your stand and the second sentence states your basis of your
reference indicating the specific section/article of the document. Note: No
reference/basis, no point.

 It should be encoded in Legal bond paper with century gothic 11 as your font
style and size, respectively.

 Encode your name and your section/major at the upper most part of the first
page.

 Due date: On the examination day during the schedule of the subject.