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MARIKINA POLYTECHNIC COLLEGE

FINAL EXAMINATION IN LAW IN EDUCATION


SCHOOL YEAR 2019-2020
MASTERAL PROGRAM
April 16, 2020

ATTY. JERRY S. DELA CRUZ


Professor

Questions:

1. Define Law and its effect on the people.

2. Enumerate the laws in education we have studied and explain briefly its
objectives.

3. Angel Locsin, a Filipino citizen finished her general education at the Antipolo
National High School. She wanted to become a teacher and plans to enroll at
the National Teachers University (NTU) in Manila. She went to NTU and
presented her high school credentials and requested that her enrolment
application be immediately admitted.

a) Can NTU refuse her application for enrolment? If yes, what could be the
legal ground of NTU in refusing her admission? Support your answer with
legal basis.
b) What then is the prerequisite before she can be admitted?

4. Eduardo Manalo has four children at the Marikina Science High School. He
wanted his children to be taught Iglesia Ni Kristo doctrine during regular class.
Is this allowed by the constitution? If so what are the conditions set forth if
any? Support your answer with legal basis?

5. State the Disciplinary Procedure for teachers, who are administratively


charged.

6. Who shall comprise the committee that shall initially hear administrative
charges against a teacher? If a member of the Committee chosen is not one
of those enumerated by law, what is the effect on the resolution over the
charges? Support your answer with legal basis.

7. Is there a probationary period for public school teacher? What are the
requisites before a teacher can qualified and be immediately issued regular
status? Is there any exception to the rule?

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8. In so far private school teacher is concerned, how many years is the
probationary period? What are the requisites before a private school teacher
can be issued regular and/or permanent status? Can the President of a
Private school issue permanent status to a newly hired teacher?

9. Anne Curtis was a first year computer science student at the Marikina College
of Science and Technology (MCST). She is daughter of a poor family from
Tumana, Marikina City. She went to college through the help of her father’s
relative. During the second semester of the year 2009-2010. She enrolled in
logic and statistics under Norma Galit and Rachelle Alejandro, respectively,
as teachers. In December 2009, MCST held a fund raising campaign dubbed
as “Don’t Worry Be Happy Christmas Party”. The proceeds of the party were
for the construction of the school tennis and volleyball court. Each student
was required to pay two (2) tickets at P500.00 each. The project was
allegedly implemented by the recompensing student who purchased tickets
with additional points in their test scores and those who refused to pay were
denied the opportunity to take the final examinations.

As she was financially strapped and prohibited by her religion in attending


dance parties, Anne Curtis refused to pay the tickets. On March 14, and 15,
2010 the scheduled dates of the final examinations in logic and statistics, her
teachers, Ms. Galit and Alejandro did not allow her to take her examinations.
Ms. Galit made her sit out her logic class while her classmates were taking
their examinations. The next day, Ms. Alejandro after announcing that she
was not permitting Ms. Anne Curtis to take her statistics examinations for
failing to pay the tickets, she ejected from the classroom. Ms. Anne Curtis
please ostensibly unheeded by Ms. Galit and Alejandro who unrelentingly
defended their position as compliance to MCST’s policy.

a) Is there lega basis for the school in compelling the students to pay
P500.00 each?
b) Assuming there is legal basis, can the school imposer collection if it
were not made known to the students and parents before the start
of the school year?
c) What if the collection of P500.00 was part of the dues to be
collected from students and made known to parents, can the school
validly impose the collection?
d) Can the school expel Ms. Anne Curtis for her refusal to pay the
P500.00 cost of tickets?
e) If the school is a school of arts and trades who are the persons
liable, if any?
Support your answer legal basis.

10. The class president of graduating class with the consent of their class adviser
agreed that before parting with each other they will have a swimming party.

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They asked permission from the school principal that they will use the school
swimming pool. On the date agreed upon the students went to the school
premises with permits secured from their parents except for one girl who was
brought to the school premises by the mother bringing with them the girl’s
packed lunch and swim suit. The mother made it known to the teacher that
her daughter does not know how to swim. While the students were swimming
two (2) of the students sneaked out of the place which was followed by the
teacher. When the teacher went back to the swimming pool, the girl was
being revived from drowning through artificial resuscitation. She was brought
to the nearest hospital where she declared dead on arrival.

The teacher was terminated by the school for gross negligence after she was
afforded the procedural due process. More over the parents of the deceased
girl filed a P2 Million suit against the teacher and school. The teacher filed
action for illegal dismissal before the National Labour Relations Commission
which however was dismissed.

a) What are the obligations of teachers to the student under their substituted
parental custody?
b) Are the teacher and the school principal criminally and civilly liable for the
death of the girl?
c) If the school secured a waiver of claim of whatever nature from the parent
of the child, can be the school be freed of any liability?
d) If the school is that of arts and trade who are liable, if any?
e) If you were the teacher what would you have done to prevent the
happening of the accident?

Decide with reason.

11. JC Mendez was faculty member of Merriam College, a catholic college. She
had a boyfriend who was also a professor of another university. The
closeness they have for each other intensified as months passed by. Both of
them are single. Being madly in love with each other, they frequently dated
out and because of the cascading emotion during those precious moments,
they finally landed in the motel in Pasig engaged in pre-marital sex which
incident was followed several times. JC Mendez was impregnated and a cute
bouncing little boy was born.

During her pregnancy, the management of Merriam College advised her to


resign as it is immoral for an unmarried woman to bear a child but she refused
which ended up to her termination but with a commitment that should they get
married she will be reinstated.

a) Is pre-marital sex an act of immorality and prohibited by the constitution or


law?

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b) Is her termination with a commitment that she will be reinstated valid?

12. What is academic freedom? Explain briefly its objectives.

13. If a teacher committed an act in violation of the Code of Ethics for Teachers,
what are its three possible consequences?

14. Is the Magna Carta for Republic School Teachers applicable in the institution
of higher learning? Explain briefly.

15. What is the effect if a school is operating without permit and recognition from
the state on the students?

************END OF EXAMINATION**************
Good Luck
Please email your examination answers to jerrysdelacruz@yqhoo.com.