Free legal aid: a major morale boost for teachers

Kudos to Education Secretary Sonny Angara for directing the Department of Education to partner with the Integrated Bar of the Philippines (IBP) to provide free legal aid and assistance to teachers and administrative staff in public schools . This is in line with the right to free legal services guaranteed by the Education Act, or Batas Pambansa Bilang 232, to public school staff when charged in an administrative, civil or criminal proceeding by parties other than the department itself for actions that have been committed directly within the framework of the law. lawfully fulfilling professional duties or in defense of school policy. The importance of the role of teachers in the lives of students cannot be overstated, and therefore the need to maintain this role. In fact, teachers and school staff are considered by law to be persons of authority in the discharge of lawful duties and responsibilities, and will therefore be accorded due respect and protection. Any person or persons who shall use force or intimidation or assault or seriously intimidate school personnel while engaged in the performance of official duties, or on the occasion of such performance, shall be liable for the crime of direct assault under the Revised Penal Code . This was further reinforced in People v. Balbar, where the Supreme Court held that teachers as persons of authority are a matter of law and not of fact, and thus ignorance of this cannot solve the crime of direct assault. That’s how important teachers are!

The legal aid available to some 800,000 public school teachers would greatly boost their morale, especially when the promotion of child protection has been unnecessarily weaponized by some parents by, not infrequently, filing baseless child abuse charges against helpless public school teachers. teachers, whose role in child discipline has always been unpopular. The IBP legal aid would certainly create more awareness among both teachers and parents about the extent of their authority in loco parentis over the discipline of children and their limitations and blames under various laws.

Teachers also need legal assistance and protection in the exercise of their academic freedom. Individual academic freedom of teachers is defined by case law as a right claimed by the recognized educator, as teacher and as researcher, to interpret his findings and convey his conclusions without being subjected to any undue interference, assault or punishment , because these conclusions are unacceptable to the teacher. a specific authority within or outside the institution. Academic freedom gives the teacher the greatest latitude to innovate and experiment with the teaching method that best suits his or her students, while respecting ethical, reasonable and legal boundaries.

Furthermore, teachers, like all citizens, are assured of their constitutional freedom of expression. As the landmark case of Tinker v. Des Moines Community School District reminds us, teachers do not surrender their constitutional rights to freedom of speech and expression at the schoolhouse gate. They are given the right to freedom of expression and suggestions, and to effective channels of communication with the appropriate academic and administrative bodies of the school or institution. They do not give up their fundamental rights as persons just because they engage in teaching. For this reason, IBP legal assistance could guide our teachers in the extent of this freedom, but also in its limitations. As for example, in De la Cruz v. Court of Appeals, the Supreme Court held that the right of public school teachers to peacefully assemble and petition the government for redress of grievances was not within reasonable limits when they organized mass protests on regular school days. for which they were absent without permission and unilaterally, and disrupted lessons in several schools, which had adverse consequences for the students for whose education the teachers were responsible.

The IBP legal aid is also timely as teachers prepare for their role in the upcoming elections. While teachers, as a matter of constitutional duty, continue to inculcate patriotism and nationalism and teach students the rights and duties of citizenship, they are prohibited by law and applicable rules of the Comelec and the civil service from participating in political speeches, electoral campaigns and partisan political activities . .

In addition to legal problems at work, many of our public school teachers suffer from personal problems, including those related to loans, land disputes, domestic problems and injustices, but they cannot afford to hire their own lawyer. Legal assistance from the IBP lawyers would certainly alleviate many of their fears and concerns.

For institutionalizing IBP Legal Aid, Minister Angara, among his many new initiatives at the Ministry of Education, continues to receive praise from the entire education sector, both public and private, as their unanimous choice to head the Education Department. after the vice president left office.

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