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Legal Bases of Parents-Teachers Association (PTA)




Parents-Teachers Association (PTA) is a mechanism for effecting the role of parents (who would otherwise be viewed as outsiders) as an indispensable element of educational communities. Rather than being totally independent of or removed from schools, a parent-teacher association is more aptly considered an adjunct of an educational community having a particular school as its locus. It is an “arm” of the school. Given this view, the importance of regulation vis-a-vis investiture of official status becomes manifest. According a parent-teacher association official status not only enables it to avail itself of benefits and privileges but also establishes upon it its solemn duty as a pillar of the educational system. – G.R. No. 188720, February 23, 2016 – QUEZON CITY PTCA FEDERATION, INC., Petitioner, v. DEPARTMENT OF EDUCATION, REPRESENTED BY SECRETARY JESLI A. LAPUS, Respondent.

Legal Bases of Parents-Teachers Association (PTA)

The Department of Education (DepEd) through its subordinate rule-making power issued DepEd Order No. 54 s of 2009 as amended by DepEd Order No. 83, s of 2010, or the “Revised Guidelines Governing Parents-Teachers Associations (PTAs) at the School Level.

Outline

I. The Philippine Constitution




II. Batas Pambansa Blg. 232

III. EO 292 (Administrative Code)




IV. Republic Act 9155

V. The Family Code

VI. The Child and Youth Welfare Code




VII. Constitutionality of DepEd Order No. 54, s. 2009

VIII. Some queries previously raised to the Legal Service

The 1987 Philippine Constitution

ARTICLE XIII

Role and Rights of People’s Organizations

SECTION 15. The State shall respect the role of independent people’s organizations to enable the people to pursue and protect, within the democratic framework, their legitimate and collective interests and aspirations through peaceful and lawful means.

People’s organizations are bona fide associations of citizens with demonstrated capacity to promote the public interest and with identifiable leadership, membership, and structure.

SECTION 16. The right of the people and their organizations to effective and reasonable participation at all levels of social, political, and economic decision-making shall not be abridged. The State shall, by law, facilitate the establishment of adequate consultation mechanisms.

Batas Pambansa Blg. 232 (Education Act of 1982)

II. THE EDUCATIONAL COMMUNITY (Section 7)

Every educational institution shall provide for the establishment of appropriate bodies through which the members of the educational community may discuss relevant issues and communicate information and suggestions for assistance and support of the school and for the promotion of their common interest…

Representatives from each sub-group of the educational community shall sit and participate in these bodies, the rules and procedures of which must be approved by them and duly published.

The Family Code

Article 209:

It is mandated that the natural right and duty of the parents shall include the caring for and rearing them for civic consciousness and this can only be achieved through shared responsibility between teachers and parents.

Article 220:

The parents and those exercising parental authority shall have with the respect to their unemancipated children or wards the following rights and duties:

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(5) To represent them in all matters affecting their interests;

Republic Act 9155 (Governance of Basic Education Act of 2001)

Sec. 7. Powers, Duties and Functions

E. School Level

(10) Establishing school and community networks and encouraging the active participation of teachers organizations, non-academic personnel of public schools, and parents-teachers-community associations;

Section 5 – Shared Governance

(c) The principle of accountability and transparency shall be operationalized in the performance of functions and responsibilities at all levels

(d) The communication channels of field offices shall be strengthened to facilitate flow of information and expand linkages with other government agencies, local government units and non-governmental organizations for effective governance.

The Child and Youth Welfare Code

Article 77:

Parent-Teacher Associations – Every elementary and secondary school shall organize a parent-teacher association for the purpose of providing a forum for the discussion of problems and their solutions, relating to the total school program, and for insuring the full cooperation of parents in the efficient implementation of such program.

All parents who have children enrolled in a school are encouraged to be active members of its PTA, and to comply with whatever obligations and responsibilities such membership entails.

Parent-Teacher Association all over the country shall aid the municipal and other local authorities and school officials in the enforcement of juvenile delinquency control measures, and in the implementation of programs and activities to promote child welfare.

DepEd Orders Related to Parents-Teachers Associations (PTAs)

DepEd Order No. 83 s. 2010 (Amendments to Deped Order No. 77, S. 2009 [Guidelines for the Conduct of Elections of the Parents-Teachers Associations (PTAS) at the School Level and Their Federations])

DepEd Order No. 77, s. 2009 (Guidelines for the Conduct of Elections of the Parents-Teachers Associations (PTAs) at the School Level and Their Federations

DepEd Order No. 54, s. 2009 (Revised Guidelines Governing PTAs at the School Level)

G.R. No. 188720, February 23, 2016 – QUEZON CITY PTCA FEDERATION, INC., Petitioner, v. DEPARTMENT OF EDUCATION, REPRESENTED BY SECRETARY JESLI A. LAPUS, Respondent.

Is DepEd Order No. 54, s. 2009 (Revised Guidelines Governing PTAs at the School Level) unconstitutional?

Grounds:

  1. That DepEd Order No. 54, s. 2009 undermines the independence of PTAs as independent voluntary organizations as it effectively amends the constitutions and by-laws of existing PTAs; and
  2. It violates the constitutional rights to organize and to due process (cessation of recognition of existing PTCAs and of their federations effective school year 2009-2010)

Legal Bases for the issuance of DepEd Order No. 54, s. 2009 (Revised Guidelines Governing PTAs at the School Level)

I. The Philippine Constitution

II.Batas Pambansa Blg. 232

III. EO 292 (Administrative Code)

IV. Republic Act 9155

V. The Child and Youth Welfare Code

I. Purpose of Deped Order No. 54, S. 2009

  • to provide a forum for the discussion of issues and solutions related to the total school program and to ensure full cooperation of parents in its efficient implementation;
  • to address the increasing reports of malpractices by officers or members of PTAs; and
  • to ensure transparency and accountability.

II. Rule-making power of DepEd

Administrative Code of 1987

Section 7. Powers and Functions of the Secretary.-

The Secretary shall:

(4) Promulgate administrative issuances necessary for the efficient administration of the offices under the Secretary and for proper execution of the laws relative thereto…

Governance of Basic Education Act (RA 9155)

Sec. 7. Powers, Duties and Functions. – The Secretary of the Department of Education shall exercise overall authority and supervision over the operations of the Department.

Requisites and Due Process

  • Completeness Test and Sufficient Standard Test
  • Publication with the University of the Philippines Law Center; and
  • Public participation

Chapter 2 of Book VII of the Administrative Code:

SECTION 9. Public Participation.—(1) If not otherwise required by law, an agency shall, as far as practicable, publish or circulate notices of proposed rules and afford interested parties the opportunity to submit their views prior to the adoption of any rule.

SUPREME COURT’S DECISION:

DepEd Order No. 54, s. 2009 is constitutional. The establishment of these rules and requirements is a valid exercise of police power as public interest is involved in the conduct of the PTAs seeking for recognition.

“In pursuit of public interest, the state can set reasonable regulations—procedural, formal, and substantive—with which organizations seeking state imprimatur must comply.”

SUPREME COURT:

… requisites to the acquisition of legal personality and the exercise of rights and privileges that are accorded to an officially recognized organization, are not incompatible with the right to form associations.

Philippine Association of Free Labor Unions v. Secretary of Labor; 136 Phil. 289 (1969)

SUPREME COURT:

“A parent-teacher association is a mechanism for effecting the role of parents as an indispensable element of educational communities… It is an “arm” of the school… Accordingly, a parent-teacher association official status not only enables it to avail itself of benefits and privileges but also establishes upon it its solemn duty as a pillar of the educational system.”

Can a guardian of a learner be elected as a PTA officer?

According to DepEd Order 54, s. 2009, membership in the Parents-Teachers Associations (PTA) is limited to parents, or in their absence, the respective guardians of the duly enrolled students, and teachers in a given school.

The term “guardian” is defined as any of the following:

a) an individual authorized by the biological parent/s to whom the care and custody of the student has been entrusted;

b) a relative of the student within the fourth degree of consanguinity or affinity provided that said relative has the care and custody over the child;

c) an individual appointed by a competent court as the legal guardian of the student; or

d) in case of an orphan, the individual/institution who has the care and custody of the student.

On the other hand, DepEd Order No. 83, s. 2010 limits the definition of a guardian to one who is duly appointed by the court.

This means that in the absence of parents, only the respective court-appointed guardians of duly-enrolled students are eligible to be elected as officers in the Homeroom and School PTAs.

Thus, the broader definition of guardian under DO 54 pertains to membership in the PTA, while the more confined definition of a court-appointed guardian under DO 83 is for purposes of officership in the PTA.

Can a school head be elected as a President of PTA of another school?

According to DepEd Order 77, s. 2009 provides:

10. A teacher-member cannot hold any position in the school PTA except as a member of the BOD or as Secretary.

Title IV, Section 1d of DepEd Order 54, s. 2009, otherwise known as the Revised Guidelines Governing Parents-Teachers Associations, states:

IV. Board of Directors and Officers

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d. The School Head shall not serve as a member of the Board of Directors but as adviser to the PTA.

“It can be gleaned from the above mentioned provisions that the prohibition of a Principal to act as a President of the PTA is applicable only to the school where such Principal is functioning as the School Head.”


From: Atty. Joseph Noel M. Estrada Facebook Page

Are all schools required to organize a PTA?

Article 77 of the Child and Youth Welfare Code provides that every elementary and secondary school shall organize a parents-teacher association for the purpose of providing a forum for the discussion of problems and their solutions, relating to the total school program, and for insuring the full cooperation of parents in the efficient implementation of such program. All parents who have children enrolled in a school are encouraged to be active members of its PTA, and to comply with whatever obligations and responsibilities such membership entails.

Is the DepEd Guidelines on PTAs applicable to both public and private schools?

The DepEd Guidelines is silent on its application to private schools. Its structure however seems to be more aligned with the public school system and is therefore mandatory for all public schools under the DepEd.

While private schools are mandated by law to organize a parents-teachers association, they have the flexibility to adopt its own guidelines pertaining to recognition, organization, membership, and privileges of PTAs in their respective educational community. Such policy however shall not be unreasonable and should have passed the scrutiny of the parents. The DepEd Guidelines and the relevant provisions of the Youth and Child Welfare Code apply suppletorily to the school’s PTA guidelines should there be any.

Who may be members of the PTAs under DepEd Guidelines?

Only parents and court appointed guardians of duly enrolled students may be members of the PTA.

A teacher-member refers to homeroom advisers, subject teachers, and non-teaching personnel.

Can a school have more than one PTA under the DepEd Guidelines?

There shall be only one PTA that will operate in a school which shall be recognized by the School Head upon formal notification in writing by the elected Board of Directors.

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