As inscribed in Section 8 of the Republic Act 4670 (Magna Carta for Public School Teachers), every teacher shall enjoy equitable safeguards at each stage of any disciplinary procedure and shall have:
a. the right to be informed, in writing, of the charges;
b. the right to full access to the evidence in the case;
c. the right to defend himself and to be defended by a representative of his choice and/or by his organization, adequate time being given to the teacher for the preparation of his defense; and
d. the right to appeal to clearly designated authorities.
No publicity shall be given to any disciplinary action being taken against a teacher during the pendency of his case.
As Magna Carta promotes the living and working conditions of public school teachers, it dictates that every teacher shall have reasonable protection when a case is filed against him. With focus on the administrative discipline for public school teachers, this is to ensure that due process is observed. It is also made known in the principle of due process that before a party may be held bound by administrative proceedings, he must been notified and given an opportunity to defend his rights.
Not only the Magna Carta but at the same time the 1987 Constitution made it clear that “No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.”
In addition, filing a disciplinary case is a step-by-step process. It begins with a disciplining authority where a person files a complaint in writing and under oath. Fact-finding and preliminary investigation follow to determine if there is such a sufficient ground to engender a well-founded belief that an administrative offense has been committed and respondent is probably guilty. There comes the formal charge if the case is established. The respondent has the chance to answer to charges in form of writing. By then, formal investigation and pre-hearing conference come next along with succeeding procedures.
A teacher may appeal to the designated authorities. In the Department of Education, a committee is composed of the corresponding School Superintendent of the Division, a representative of the local or, in its absence, any existing provincial or national teacher’s organization and a supervisor of the Division, the last two to be designated by the Director of Public Schools.
To defend himself, a teacher may choose his own representative in public or in private firms. It is also mandated in the republic act that while the case is on-going, the matter should remain private to make sure that the respondent’s security of tenure is protected since he is considered innocent until proven guilty.
By: Gema L. Ped | T-I | Limay National High School | Limay, Bataan
