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THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES ARTICLE

XIV
ARTICLE XIV
EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS
EDUCATION

Section 3. (1) All educational institutions shall include the study of the Constitution
as part of the curricula.

(2) They shall inculcate patriotism and nationalism, foster love of humanity, respect
for human rights, appreciation of the role of national heroes in the historical
development of the country, teach the rights and duties of citizenship, strengthen
ethical and spiritual values, develop moral character and personal discipline,
encourage critical and creative thinking, broaden scientific and technological
knowledge, and promote vocational efficiency.

Section 5. (1) the State shall take into account regional and sectoral needs and
conditions and shall encourage local planning in the development of educational
policies and programs.

(2) Academic freedom shall be enjoyed in all institutions of higher learning.

(3) Every citizen has a right to select a profession or course of study, subject to fair,
reasonable, and equitable admission and academic requirements.

(4) The State shall enhance the right of teachers to professional advancement. Nonteaching academic and non-academic personnel shall enjoy the protection of the
State.

(5) The State shall assign the highest budgetary priority to education and ensure
that teaching will attract and retain its rightful share of the best available talents
through adequate remuneration and other means of job satisfaction and fulfillment.

Section 16. Teacher's Obligations - Every teacher shall:


1. Perform his duties to the school by discharging his responsibilities in accordance
with the philosophy, goals, and objectives of the school.
2. Be accountable for the efficient and effective attainment of specified learning
objectives in pursuance of national development goals within the limits of available
school resources.
3. Render regular reports on performance of each student and to the latter and the
latter's parents and guardians with specific suggestions for improvement.
4. Assume the responsibility to maintain and sustain his professional growth and
advancement and maintain professionalism in his behavior at all times.
5. Refrain from making deductions in students' scholastic rating for acts that are
clearly not manifestations of poor scholarship.
6. Participate as an agent of constructive social, economic, moral, intellectual,
cultural and political change in his school and the community within the context of
national policies.
Section 17. School Administrators' Obligations - Every school administrator
shall:
1. Perform his duties to the school by discharging his responsibilities in accordance
with the philosophy, goals and objectives of the school.
2. Be accountable for the efficient and effective administration and management of
the school.
3. Develop and maintain a healthy school atmosphere conducive to the promotion
and preservation of academic freedom and effective teaching and learning, and to
harmonious and progressive school-personnel relationship.
4. Assume and maintain professional behavior in his work and in dealing with
students, teachers, academic non-teaching personnel, administrative staff, and
parents or guardians.
5. Render adequate reports to teachers, academic non-teaching personnel and nonacademic staff on their actual performance in relation to their expected
performance and counsel them on ways of improving the same.
6. Observe due process, fairness, promptness, privacy, constructiveness and
consistency in disciplining his teachers and other personnel.

7. Maintain adequate records and submit required reports to the Ministry of


Education, Culture and Sports.

COMMONWEALTH ACT NO. 578


AN ACT TO AMEND ARTICLE ONE HUNDRED FIFTY-TWO OF THE REVISED PENAL
CODE, SO AS TO INCLUDE TEACHERS, PROFESSORS, AND PERSONS CHARGED WITH
THE SUPERVISION OF PUBLIC OR DULY RECOGNIZED PRIVATE SCHOOLS, COLLEGES,
AND UNIVERSITIES, WITHIN THE TERM "PERSONS IN AUTHORITY"
Section 1. Article one hundred fifty-two of Act Numbered Three thousand eight
hundred and fifteen, known as the Revised Penal Code, is amended to read as
follows:chanroblesvirtuallawlibrary chanrobles virtual law library
"Article 152. Persons in authority. Who shall be deemed as such. In applying
the provisions of the preceding and other articles of this Code, any person directly
vested with jurisdiction, whether as an individual or as a member of some court or
governmental corporation, board or commission, shall be deemed a person in
authority. chanrobles virtual law library
"In applying the provisions of articles one hundred forty-eight and one hundred
fifty-one of this Code, teachers, professors, and persons charged with the
supervision of public or duly recognized private schools, colleges, and universities,
shall be deemed persons in authority."
Sec. 2. This Act shall take effect upon its approval. chanrobles virtual law library
Enacted without Executive approval:chanroblesvirtuallawlibrary June 8, 1940.

Art. 148 Revised Penal Code. Direct Assault


I. There are two kinds the first being: Without a public uprising by employing force
or intimidation to attain any of the purposes of rebellion or sedition. This is very
rare. It is the second form which is commonly committed.
II. Second kind is committed when, without a public uprising, the offender: (i)
Attacks (ii) Employs force (iii) Seriously intimidates or seriously resists (iv) Any
person in authority or his agent (v) while engaged in the performance of official
duties or on the occasion thereof (vi) knowing him to be such.
III. Requirements:

A. There must be an attack or employment of force or serious intimidation, upon


the person of the victim. This includes any offensive or antagonistic movement of
any kind, with or without a weapon. This may be an actual physical contact or the
instilling of fear or threat of an evil on the person of the victim, but not on his
property.

1. Examples: boxing, pointing a gun, brandishing a weapon, shouting and berating,


challenging to a fight, throwing an article at him
2). The degree of force required depends on whether the victim is a PIA or APIA. In
case of a PIA actual forced is not necessary because mere laying of hands is
sufficient, such as by pushing or shoving him or pulling at his collar. If he were an
APIA, actual force is required because mere laying of hands would constitute simple
resistance
3). As to intimidation and resistance the same must be serious and actual whether
the victim is a PIA or APIA otherwise the offense is resistance and disobedience
under article 151.

B. The offended party must be a PIA or a APIA and has not yet been separated from
the service. Thus the crime is committed even if at the time of commission the
PIA/APIA is on leave, on vacation, or under suspension, but no when he has retired
or was dismissed or removed.

1. The following are PIAs:


a). Any person directly vested with jurisdiction i.e he has the power to govern,
execute the laws and administer justice
b). Teachers, professors and persons charged with the supervision of public or duly
recognized private schools, colleges and universities. They must be within the
school premises during school hours or are actually performing the tasks outside
the school premises
c). Lawyers in the actual performance of their professional duties or on the occasion
of such performance
Note that teachers and lawyers are PIAs only for purposes of Direct Assault and
Resistance and Disobedience but not for purposes of Indirect Assault
d). Under the Local Government Code: (a) the Punong Barangay, (b) Sanguniang
Barangay members and (c) members of the Lupong Tagapamayapa

2. The following are APIAS:


a. Those who, by direct provision of law, or by election or by appointment, are
charged with the maintenance of public order and the protection of life and property
( AGENTS PROPER) such as :
(i). Law Enforcement Agents such as the PNP and the NBI irrespective of their rank

(ii). Barangay Tanods


(iii).Municipal treasurer being the agent of the provincial treasurer
(iv). The postmaster being the agent of the Director of Posts
(v). But Members of the AFP are not included

b. Any person who comes to the aid of PIAs who is under direct assault. ( AGENTS BY
ASSISTANCE)
Note that if a teacher or lawyer is the person who comes to the assistance of
the PIA, then he is considered as an APIA.
3. Thus private persons may be victims but to a limited extent: (i). when they are
considered by law as PIAs or APIAs such as teachers and lawyers (ii). and those who
come to the aid of PIAs
C. The accused must know the victim is a PIA/APIA which fact must be alleged in the
Information
1. There must be a clear intent on the part of the accused to defy the authorities, to
offend, injure or assault the victim as a PIA/APIA
IV. Time of the Assault:
1.
If the assault is during the occasion of the performance of official duties the
motive of the accused is immaterial. As long as the victim was assaulted in his
office or in the premises where he holds office, or even while on his way to office, it
is not required that he was actually doing an act related to his duties
2.
If not on the occasion then the motive is important as the assault must be
because of the past performance of official duties by the victim. The length of time
between the performance of the duty and the time of the assault is immaterial. If
the motive cannot be established, there is no direct assault but some lesser offense.

V. Rule When Material Injury Results: The crime of Direct Assault aims to punish
lawlessness and defiance of authority and not the material injury which results from
such defiance. When material injury however results, the following are the rules:
1. Where death, serious or less serious physical injuries result, they are to be
complexed with direct assault. Example: A policeman was shot death while directing
traffic: the crime is Homicide with Direct Assault

2. If only slight physical injuries are committed, the slight physical injury is a
qualifying circumstance separate offense if the victim is a PIA but it will be absorbed
if the victim is an APIA ( PP. vs. Acierto, 57 Phil. 614)
VI. When the Attack does not Constitute Direct Assault:
1. If both accused and victim are PIAs/APIAs and they contend or there is conflict
arising from the exercise of their respective functions or jurisdictions. Examples:
(a). A fight between the Incumbent Mayor and the Acting Mayor as to who shall
occupy the office
(b). NBI vs. Police concerning who shall take custody of a suspect
2. Where the PIA/APIA act with abuse of their official functions, or when they exceed
their powers they are deemed to be acting in a private capacity. They become
aggressors and the accused has a right to defend himself
3. Where they voluntarily descend to matters which are purely personal. But not
when the PIA/APIA is dragged down to purely personal matters by the accused.
VII. Qualified Direct Assault:
1.

When the accused lays hand upon the victim who is a PIA

2.

When the accused is himself a Public Officer or employee

3.

When the assault is with a weapon

ART. 151 Revised Penal Code. Resistance and Disobedience


I. Concept: The crime committed by any person who shall resist or seriously disobey
any PIA or APIA while engaged in the performance of official duties.

A. The essence is the failure to comply with, or refusal to obey, orders directly
issued by the authorities. Such orders are peremptory and not merely a declaration
of facts or rights. They are directed to the accused for compliance or
implementation without allowing any exercise of discretion by him.
B. Whether it be resistance or disobedience depends upon the degree of defiance
by the offender
C. Examples:
1. Refusal to submit to the authority of the police and proceed to the police station
by pushing and shoving the police

2. Refusal to hand over ones drivers license when required to do so


3. Refusal to vacate premises despite writ issued by court to place a party in
possession, or disobeying a writ of injunction
4.. Refusal to give up article subjects of lawful seizure
5. But merely questioning the manner of arrest is not resistance

II. It is distinguished from direct assault thus:


a. In assault the force employed is more serious, unless the offended party is PIA
b. Resistance and disobedience can only be committed on the occasion of actual
performance of duties by the offended party
c. Direct assault is committed in 4 ways, not just by resisting and disobeying

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