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XIV.

Education

ACADEMIC FREEDOM
 Sec. 5(2) Academic freedom shall be
enjoyed in all institutions of higher
learning. “
 BELONGS TO FACULTY AND INSTITUTUION
Academic Freedom:

(1) For the Professor (FACULTY) – The


right of a faculty member to pursue
his studies and publish the results
without fear of retribution or
penalties (IN PURSUIT OF TRUTH OR IDEA.. NO NEED TO FEAR)-
(2) For the Institution – The right to
THE RIGHT TO Decide the aims and objectives of
the institution and how best to attain them
without interference and coercion, except
when theRe is an overriding public concern
(NOT ABSOLUTE…….: ALSO HIGH SCHOOL AND ELEMENTARY ARE NOT INCLUDED:

[3. Student ….
ACADEMIC FREEDOM OF
INSITUTION
It includes: The right to decide-
1. What to teach CURRICULUM
2. How to teach MANNER AND METHOD
3. Who should teach CHOICE OF FACULTY
4. Whom to teach CHOICE OF STUDENT
1. Hence, you cannot complain to court when you the school expelled a person
or suspend in accordance with its rules … LAYING DOWN GRADING SYSTEM…
ADMISION..
Cases:
 UP v. CSC: Commission ordered that a teacher be
dropped? FACTS: A TEACHER TOOK A LEAVE MORE THAN ONE YEAR.. UNDER THE
CSC RULES, YOU CAN BE THROWN OUT IF LEAVE TAKEN IS MORE THAN 1 YEAR.. CSC
ORDERED HIM TO BE DROPPED HELD: CSC CANNOT COMPELL UP TO DROP HIM AS THE
LATTER HAS ACADEMIC FREEDOM AS TO WHO SHOULD TEACH.. RIGHT OF CHOICE WHO
SHOULD TEACH… CHOICE OF FACULTY

 Camacho v. Corises – Method of teaching/innovate


FACTS: A TEACHER DID NOT REQUIRE STUDENTS TO ATTEND CLASSESS BUT HE GAVE THEM
GOOD AND PASSING GRADES… IT WAS IMPUGNED: HELD: IT INVOLVES ACADEMIC
FREEDOM ON THE MANNER OR METHOD OF TEACHING

 Benguet State v.COA – rice allowance TO TEACHERS ( WHICH


WAS DISALLOWED BY COA- HELD: ACADEMIC FREEDOM HAS NO RELATION RICE
ALLOWANCES) NOT COVERED

 Can a student insist on getting admitted? Tanggonan-


NO! THE SCHOOL HAS THE RIGHT OF CHOICE OF STUDENTS- RIGHT AS TO WHOM TO
TEACH- AS LONG THE STANDARDS ARE REASONABLE

 Can a student insist that he will complete the course?


Non v. Dames- ONCE YOU ARE ADMITTED, YOU ARE EXPECTED TO COMPLETE
YOUR COURSE UNTIL YOU GRADUATE PROVIDED THAT THE STUDENT COMPLIES ITS
STANDARDS…. UNLESS YOU FAIL..
 5(2) Academic freedom shall be enjoyed in all
institutions of higher learning. “
1973: “All institutions of higher learning shall
enjoy academic freedom.” THE DIFFERENCE IS THAT IS
THAT 1987 CONSTITUTION INCREASED THE SCOPE OF ACADEMIC FREEDOM
AS IT POSSIBLE MAY INCLUDE STUDENTS… BUT AS OF THE MOMENT, THERE
IS NO RULING AS TO THE INCLUSION OF STUDENTS…

2007, No. 1: True or False: The 1987


Constitution has increased the scope of
academic freedom recognized under the
previous Constitution. TRUE
 Can state intervene in Conferment of
Degrees/Honors/Disciplinary Measures? NOTE: THE
INSTITUITON HAS THE RIGHT TO Decide the aims and objectives of the institution and how
best to attain them without interference and coercion, except when there is an overriding public
concern: THESE ARE THE FOLLOWING:

1. Due process(EX. IF YOU ARE DISMISSED FROM THE SCHOOL FOR BREACH OF
SCHOOL RULES WITHOUT APPROPRIATE INVESTIGATION OR NO NOTICE AND HEARING)
REFER TO ANG TIBAY DOCTRINE

2. Equal protection (IF SCHOOL POLICY DO NOT ADMIT STUDENTS WITH


DISABILITIES- BISAYA, OR DO NOT ADMIT BOLANON … THAT IS DISCRIMINATORY…
VIOLATION OF EQUAL PROTECTION )

1989: What do you understand by academic freedom?


(1) For the Professor (FACULTY) – The right of a faculty member to pursue his studies and publish the results
without fear of retribution or penalties (IN PURSUIT OF TRUTH OR IDEA.. NO NEED TO FEAR)-
(2) For the Institution – The right to Decide the aims and objectives of the institution and how best to attain
them without interference and coercion, except when theRe is an overriding public concern (NOT
ABSOLUTE…….: ALSO HIGH SCHOOL AND ELEMENTARY ARE NOT INCLUDED: HOW, WHO. WHAT, WHOM
TO TEACH

1990: What is academic freedom? Discuss the extent of Academic


freedom enjoyed by institutions of higher learning.
Religious Instructions-
Sec. 3 (3) At the option expressed in writing by the parents or
guardians, religion shall be allowed to be taught to their
children or wards in public elementary and high schools within
the regular class hours by instructors designated or approved
by the religious authorities of the religion to which the
children or wards belong, without additional cost to the
Government.
1999, No. 2: What is the constitutional provision concerning the
teaching of religion in elementary and high schools in the
Philippines.
1. IT MUST BE EXPRESSED IN WRITING BY THE PARENTS
2. IT APPLIES ONLY IN PUBLIC AND ELEMENTARY AND HIGH
SCHOOLS- HIGHER LEARNING IS NOT INCLUDED
3. WITHOUT ADDITIONAL COST TO THE GOVERNMENT-
MEANING NO ADDITIONAL SALARY COMPENSATION IS
PROVIDED BY THE GOVERNMENT.
2009, No. 15. The principal of Jaena High School, a public school wrote a
letter to the parents and guardians of all the school's pupils, informing
them that the school was willing to provide religious instruction to its
Catholic students during class hours, through a Catholic priest.
However, students who wished to avail of such religious instruction
needed to secure the consent of their parents and guardians in writing.
1. Does the offer violate the constitutional prohibition against the
establishment of religion? (3%) NO! FOR AS LONG AS ADDITIONAL
COST IS PAID BY THE GOVERNMENT.. EXPRESSED IN WRITING BY
PARENTS… BACK PAGE ANSWER
2. The parents of evangelical Christian students, upon learning of the
offer, demanded that they too be entitled to have their children
instructed in their own religious faith during class hours. The principal,
a devout Catholic, rejected the request. As counsel for the parents of
the evangelical students, how would you argue in support of their
position? (3%) IT MUST BE ARGUED ON EQUAL PROTECTION
CLAUSE.. IT MUST BE OPEN TO ALL RELIGION
 2010, XIX
To instill religious awareness in the students of Doña Trinidad
High School, a public school in Bulacan, the Parent- Teacher’s
Association of the school contributed funds for the
construction of a grotto and a chapel where ecumenical
religious services and seminars are being held after school
hours. The use of the school grounds for these purposes was
questioned by a parent who does not belong to any religious
group. As his complaint was not addressed by the school
officials, he filed an administrative complaint against the
principal before the DECS. Is the principal liable? Explain
briefly. (5%) THIS IS NO LONGER ALLOWABLE: WHAT IS
GUARANTEED IN THE CONSTITUTION IS RELIGIOUS
INSTRUCTION DURING SCHOOL HOURS WITHOUT
ADDITIONAL COST.. IT DOES NOT GUARANTEE
CONSTRUCTION……
 Re: Letter of UP Law…, 644 SCRA 543 (2011)
 Due to allegations that portions of the ponencia of Justice
del Castillo in Vinuya v. Executive Secretary were plagiarized
from the works of foreign legal scholars, 38 law professors of
the University of the Philippines issued a statement titled
“Restoring Integrity,” which was widely circulated. The
statement included phrases such as “a reprehensible act of
dishonesty and misrepresentation by the Highest Court of the
land“ and “the supposed alarming lack of concern of the
members of the Court for even the most basic values of
decency and respect”. At the time the statement was issued, a
motion for reconsideration of the decision was pending before
the Court. Ordered to show cause why they should not be
disciplined, respondents claimed that their Statement was
issued in the exercise of their academic
freedom as teachers in an institution of higher
learning.
 Held: There is nothing in the Show Cause Resolution that dictates upon
respondents the subject matter they can teach and the manner of their instruction.
Moreover, lawyers who are also law professors cannot invoke academic
freedom as a defense in an administrative proceeding for intemperate
statements tending to pressure the Court or influence the outcome of a
case or degrade the courts. Implied in the jurisprudence is that the
constitutional right to freedom of expression of members of the Bar may be
circumscribed by their ethical duties as lawyers to give due respect to the courts
and to uphold the public’s faith in the legal profession and the justice system. To
our mind, the reason that freedom of expression may be so delimited in the case
of lawyers applies with greater force to the academic freedom of law
professors. Thus, their actions as law professors must be measured against the
same canons of professional responsibility applicable to acts of members of the Bar
as the fact of their being law professors is inextricably entwined with the fact that
they are lawyers.

 REMEMBER ACADEMIC FREEDOM OF TEACHERS- TO PURSUE HIS IDEAS AND


PUBLISH THE RESULTS WITHOUT FEAR OF RETRIBUTION…
 THE COURT IS TELLING US.. THAT LAWYER PROFESSORS HAS LIMITED
ACADEMIC FREEDOM COMPARED TO OTHER PROFESSORS NOT MEMBER OF THE
BAR FOR THE VERY REASON THAT THE FORMER ARE GOVERNED BY CANONS OF
JUDICIAL ETHICS