Can Basic Education Teachers Claim Academic Freedom? A Legal Frameworks and Pedagogical Autonomy

this image is directly lifted from https://www.rappler.com/philippines/103915-teach-philippines-passion-education/

Academic freedom is more emphasized in Higher Education Institutions like colleges and universities. However, it is not explicitly defined or detailed in the context of basic education. In fact, no court decision in the Philippines directly addresses the academic freedom of teachers in basic education. The only court ruling somewhat related to student and teacher rights is the case of Ebralinag v. Division Superintendent of Schools of Cebu, where the Supreme Court ruled in favor of Jehovah’s Witness students and teachers who refused to participate in the flag ceremony due to their religious beliefs. The court upheld their right to religious freedom.

What does this mean? While there is no specific legal precedent on academic freedom for basic education teachers and students, the Supreme Court acknowledges certain rights and protections for them. However, it is also clear that freedom is not absolute, especially when it may compromise public welfare or safety.

Scope of Academic Freedom

According to the law, all Higher Learning Institutions have the right to enjoy academic freedom, which includes four key aspects:

1. Who may teach — Determining the qualifications of educators.
2. What is taught — Deciding on the content of education.
3. How it is taught — Choosing the methods of instruction.
4. Who may be admitted — Selecting students for enrollment.

However, these freedoms have limitations based on Supreme Court rulings, which are beyond the scope of this discussion.

Academic Freedom in the Context of DepEd

Under the Department of Education (DepEd), academic freedom is indirectly recognized through various policies and legal precedents. The 1987 Constitution, Article XIV, Section 5 (2) states that academic freedom applies explicitly to Higher Education Institutions.

However, academic freedom for basic education teachers is reflected in Magna Carta for Public School Teachers (RA 4670), Section 12, which states:

“Teachers shall enjoy academic freedom in the discharge of their professional duties, particularly with regard to teaching and classroom methods.”

This means that teachers have the autonomy to select the most effective teaching strategies for their students, including inquiry-based learning, collaborative learning, differentiated instruction, and student-centered approaches.

DepEd Orders Supporting Teachers’ Academic Freedom

Several DepEd-issued Executive Orders reinforce the concept of academic freedom for basic education teachers, including:

• DepEd Order №21, s. 2019: Policy Guidelines on the K to 12 Basic Education Program

Enhances the effectiveness of instruction by allowing teachers to adapt their methods to the specific needs of their students.

• DepEd Order №42, s. 2017: National Adoption and Implementation of the Philippine Professional Standards for Teachers (PPST)

Provides a framework that guides teachers in developing their skills, ultimately improving student learning outcomes.

These orders indicate that academic freedom is not exclusive to Higher Education Institutions but also applies to basic education, particularly in how teachers decide on their instructional strategies.

The Issue of Using “Present” vs. “Defend” in Research Classes

A key question arises: Is it correct or incorrect for a teacher to use “present” or “defend” in research classes?

Legally speaking, both terms are valid and appropriate in a research class. In fact, the City Schools Division of Cabuyao released a Memorandum on Monitoring of Final Oral Defense in Research of Senior High School Students, explicitly using the term DEFENSE. Meanwhile, the DepEd Curriculum Guide uses the term PRESENT as part of the research process.

Difference Between “Present” and “Defend” in Research

• Present: Refers to formally sharing research findings with an audience without needing to justify or argue its validity. Commonly used in research proposals and seminar presentations.
• Defend: Involves explaining, justifying, and providing evidence in response to critique. Used in thesis defenses and peer reviews.

Can “Present” and “Defend” Be Used Interchangeably?

No. The two terms have distinct meanings and purposes in academic research. However, a teacher can still use “Defend” in research classes because DepEd itself uses this term in official documents.

Therefore, Academic freedom in basic education is not explicitly stated in legal documents but is evident in various policies and DepEd Orders. Teachers have the autonomy to choose their teaching methods, including whether to use “present” or “defend” in research classes. Since DepEd officially uses the term “defense” in some guidelines, teachers should not be restricted from using it in their classrooms. Ultimately, the teacher’s decision should align with curriculum objectives and the most effective strategies for student learning.

Reading:

1. DepEd Order №21, s. 2019: Policy Guidelines on the K to 12 Basic Education Program. https://www.deped.gov.ph/wp-content/uploads/2019/08/DO_s2019_021.pdf
2. DepEd Order №42, s. 2017: National Adoption and Implementation of the Philippine Professional Standards for Teachers (PPST). https://www.deped.gov.ph/wp-content/uploads/2017/08/DO_s2017_042-1.pdf
3. Magna Carta, Section 12. Academic Freedom. https://lawphil.net/statutes/repacts/ra1966/ra_4670_1966.html.
4. DepEd Cabuyao, Memo https://images.search.yahoo.com/search/images;_ylt=Awr48NHEp7JnrVwQiWlXNyoA;_ylu=Y29sbwNncTEEcG9zAzEEdnRpZAMEc2VjA3BpdnM-?p=City+Schools+Division+of+Cabuyao+ay+naglabas+ng+Memorandum+on+Monitoring+of+Final+Oral+Defense+in+Research+of+Senior+High+School+Students&fr2=piv-web&type=E210US885G0&fr=mcafee#id=0&iurl=https%3A%2F%2Fimgv2-2-f.scribdassets.com%2Fimg%2Fdocument%2F513195680%2Foriginal%2F0f7ebdd797%2F1708017031%3Fv%3D1&action=click