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Saturday, February 16, 2013

Most Frequently Asked Question in Legal Bases of Education


Most Frequently Asked Questions (MFAQ) in Legal Bases of Education and Their Possible Answer(OR A Simplified Catechetic in Legal Bases of Education)


Question:         This question is in connection with student arrest in the school premises.
the arresting officer taking the student under custody is a member of the military establishment properly identified but without warrant of arrest, what would be the responsibility of the school if the student injury is sustained within the campus?


Answer:           The school authorities have no liability. The reason is that they could not fight the police or military establishment. In this connection, the Supreme court gives the advice that when one is picked up by the police officer, he should not argue with the policeman. He must argue in court.

Question:         Is a parent’s signature permitting his child to join on outing or excursion or field trip tantamount to a waiver? Suppose something happens to the students.

Answer:           It is not a waiver. A parent just gives the permission to his child to join the outing or excursion or field trip but not the permission to be injured.

Questions:       Assuming that one can prove that he exercised proper diligence, what then is the parameter for proper? When do we know it is proper not proper? What constitutes proper or not proper? who will decide that?

Answer:           According to the Supreme Court of the Philippines, you cannot show that the diligence exercised was proper by calibrated degrees. Each case will have to depend on the circumstances surroundings the event. It is found in the Latin quis, quid, quibos, qour, quomodo, quando. What is proper diligence is one case may not be so in another circumstances because of the difference in the attendant circumstances .There are no hard and fast rules that can possibly be given.

Question:         Would the school authority be liable for any accident that happens to its students in the school bus or because of traffic accidents to and from the school?

Answer:           If the school bus belongs to the school, the school is liable. If it belongs to a private company, then the concessionaire is the one that is liable.

Question:         Suppose that in a student evaluation, a teacher is consistently graded in a manner of leading to the conclusion that the teacher is inefficient; would this be ground for dismissing the teacher:

Answer:           If the testimony of the students is convincing, and with due process, yes.

Question:         Suppose something happens to the students on the way from the school to the police precinct , what is the school’s liability?

Answer:           The school no liability. Nothing. The reason is that the student is now under police custody.

Question:         It is said that most foolishness and conduct unbecoming of a student occur when the teacher dismisses his class too early, let us say, twenty minutes after the time or fifteen minutes before the time, Since every school head is after escaping liability, may he issue as an exercise of diligence, a regulation that anything that may happen within the period when the teacher is supposed to be in the classroom will be his liability and that the school head has nothing to do with it?

Answer:           If it was already known to the school authorities that a particular teacher or teachers are in the habit of coming to class late or dismissing classes too early, the school has not done anything about, then the school is still liable. The regulation should be a general rule such as an announcement at the beginning of the school year or during faculty or teachers, meeting and that violation of that rule will be ground for disciplinary action on the teacher. That teacher shall be subject to administrative action.

Question:         Suppose during a class a student leave without the teacher’s permission. Then, he meets an accident outside the school campus. the question is: Is the teacher, and therefore the school liable?

Answer:           In such a case the age of the student will be the one to be the deciding factor. If the student is a minor the law requires that the school post guards so that the students cannot go out during class hours. If he is of age and he goes out of the school, the school is not liable. The school’s negligence will be for failure to post guards for the security of the students who are considered minors.

Question:         how do you differentiate tenure from term of office?

Answer:           The word tenure refers to the period of time during which the incumbent is in office where the word term of office refers to the period of time during which the incumbent has the right to be in office

Question:         If an educational institution converts itself into a foundation and any of its employees or teachers refuse to become part of the foundation, would the refusal be tantamount to separation?

Answer:           In the words of the Supreme Court, transfer is not just physical severance but the fact of being separated. Now, if a school employee or teacher refuses to be absorbed by the foundation, he has thereby made his own decision. In the words of the Existentialist Philosopher Jean Paul Sartre, a person who makes a decision is the moral one and the one who cannot make a decision is the immoral one. Now, he has thereby made his own decision. He has laid off himself. In short, he has dismissed himself!

Question:         Suppose a school transfer location due to a government order on dispersal, is the refusal of a teacher to join that school that transfer location be a ground for separation, and may the Commission hold the school accountable?

Answer:           Because the relocation of the school is mandated by the state, whoever refuses to join the migration and complains to the Commission on accounts of his separation would have to convince the NLRC that the school was acting in bad faith.

Question:         why is it difficult to dismiss inefficient faculty members and yet comparatively easy for a faculty member to walk out of his school with very little penalty?

Answer:           The question has, of course, serious socio-economic and moral implications. The state has to use its police power to counteract certain pressures  in the free world economy. In a developing country like the Philippines which has a labor excess economy, which means that here we have  a situation where the man runs after the jobs and not the job running after the man, the guidelines are based on the philosophy that unemployed workers constitutes a social burden to the government and such a situation should not be recommended to escalate. Moreover, the philosophy of egalitarian  must be used here where the State is guided by the motto: the greatest good for the greatest number.”

Question:         If a professor carries on an affair with a female student and the affair is carried on outside the school, may the professor be charged with immorality? Or if an unmarried teacher should become pregnant is this a case of immorality?

Answer:           Moral standards are supposed to be universal. Such a situation should not be tolerated whether the school is private or public.

Question:         What is our law on tenure?

Answer:           The explicit mandate of the 1987 Philippine Constitution enjoins the State to assure the security of tenure of workers in employment. This constitutional provision abolishes the almost absolute right of the employer under the Termination Pay Law (R. A 1987) to terminate at any time the services of his employees even without just cause. (Department of Labor Staff Committee on labor code)

Question:         what statutory law implements the constitutional provision on tenure?

Answer:           The statutory law that implements the constitutional provision on tenure is presidential Decree 442, as amended, which took effect last may 1, 1974. Specifically its pertinent provision provides that “In cases of employment without a definite period, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. (Article 269, Labor Code)

Question:         What is the effect of an unjust dismissal of an employee?

Answer:           He shall be entitled to reinstatement without loss of seniority right and to his back wages computed from the time his compensation which was withheld up to the time of his compensation which was withheld up to the time of his actual reinstatement. (Article 269, Labor Code)

Question:         What do you mean by dismissal for a just cause?

Answer:           As a sufficient ground for dismissal, a just cause is a legal cause and not merely a cause, which the appointing power, in the exercise of his discretion, deems sufficient. It is the statutory prescription of the cause of termination of employment.

Question:         What exactly do we mean by probationary period?

Answer:           Under the Labor Code, the probationary period is actually the period needed to determine fitness for the job. This period, due to lack of a better measurement, is deemed to be the period needed to learn the job.

Question:         What is the probationary period for employees covered by the Labor Code?

Answer:           The general probationary period is actually six months. If the job is apprenticeable, the probationary period is the apprenticeship period, which may range from less than six to more than six months depending upon the nature of the job. The probationary employment of professors, instructors, and teachers shall be subject to standards established by the Department of Education and Culture (Policy Instruction No. 11). However, for those working in the DepEd now, there is no more probationary period.

Question:         what is liability, if any, or to what extent will heads of schools be liable for mass demonstration similar to those in Thailand or in China?

Answer:           Mass demonstrations are without sanction of the school activities. Therefore, the schools are not liable.

Question:         Suppose the demonstration is inside the school premises without permission of the school authorities during class hours just like what happen to the University of Southern Mindanao way back in 1983’s, what liabilities do the school officials have?

Answer:           If the activity is in violation of school regulations and the school authorities had tried their best to stop it, the school would not be liable. The school will be held liable if there was implied consent.

Question:         In case of an arrest of student during class hours. What is the liability of the school if it refuses to surrender a student?

Answer:           This is disobedience to lawful authority. The school is therefore held liable.

Question:         Can a teacher who has to use force in a students’ fight be held liable if he accidentaly hurts a student in trying to stop the fight?

Answer:           No., because the teacher was acting in the performance of lawful duty. However, the forced employed by the teacher must be commensurate with the danger involved.

Question;         Is there direct assault if both offender and offended are persons in authority?

Answer:           In a case where a superintendent boxed a fellow superintendent because of conflict of jurisdiction, it was ruled that there was no assault.

Question:         Is serious vandalism committed by an employee against the property of teachers in the classroom considered as assault of person in authority?

Answer:           The offense may be termed malicious mischief or destruction of property with evil motive, etc..

Question:         Is a student liable for direct assault upon a person in authority even if the act was committed during recess time and not in actual performance of the teacher’s duties?

Answer:           Yes, as long as it is by reason or no accession of the teacher’s duties. When we say on occasion of the reason behind the assault was the performance of the teacher’s duties.

Question:         If a student’s refusal to obey teacher in public provokes the teacher’s anger who loses his temper and slaps the student or even manhandles him, should the school officials side with the teacher or the student?

Answer:           That situation is a plain case of the teacher taking the law into her own hands-the teacher becomes the offender and the students, his victim. More importantly, the offense is even aggravated by the teacher being a person in authority.

Question:         When we refer to students assaulting persons in authority, do we refer only to student currently enrolled or does this include students who have been granted honourable dismissal?

Answer:           The law does not mention students only. It includes non students,parents, even strangers. If a student was flunked by a professor there is direct assault on a person in authority

Question:         In most barrios it is difficult to divorce the social functions of a teacher from the academic. If a teacher attends a school social function and in refusing to dance with a man she gets slapped direct assault on a person in authority?

Answer:           It depends on the reason why the teacher was slapped.


Question:         The teacher refused to danced with him because he smells liquor.

Answer:           The teacher’s refusal to dance has nothing to do with the performance of a teacher’s duty but for a private reason. If a teacher is in the performance of duty, no matter if the reason for the assault has nothing to do with teacher (such as when a teacher is explaining a lesson and a creditor comes and slaps her in front of the students) there is direct assault of person in authority. The reason is immaterial if the assault is committed while the teacher is performing her duties.

Question:         Would homosexual practices constitute just cause for separation?

Answer:           The attending circumstances should be taken into account. In most state universities and colleges as wella sprivate

Reviewer For Licensure Exam for Teachers (LET)


  • Foundation of Education
  • Child and Adolescent Development
  • Principles and Theories of Learning and Motivation
  • Principles and Strategies of Teaching
  • Curriculum Development
  • Developmental Reading
  • Educational Technology
  • Assessment and Evaluation of learning
  • Assessment and Evaluation of learning 2
  • Relevant Laws for teachers
  • Social Dimensions in Education/Developments in Education

       ANNOUNCEMENTS:  To anyone who are interested for this reviewer email me at                                                                           coolteacher28@gmail.com  and text me with my cp. no. below.
 
FOUNDATION OF EDUCATION
NEW CP. NO. 09988618102
                          

1.      The department of the Education gives greater emphasis on the development of basic skills. What is the philosophical basis of this?
a.      Essentialism
b.      Pragmatism
c.       Existentialism
d.      Perennialism

2.      Mr. Olivar views his students as unique, free-choosing and responsible individuals. All classroom activities revolve around the said premise. What theory underlies this?
a.      Realism
b.      Progressivism
c.       Essentialism
d.      Existentialism

3.      Religious ritual in the classroom and in the school programs prove the deep natural religiosity of the Filipinos. Which philosophy has greatly contributed to this tradition?
a.      Islam
b.      Budhism
c.       Hinduism
d.      Confucianism

4.      In order to make Roman education truly utilitarian, the day-to-day lessons were
a.      Taught in the students’ native dialect
b.      Taught interestingly through the play way method
c.       Related and linked to the events happening in everyday life
d.      Practiced at home under the guidance of their respective parents

5.      Which program of the government seems to be aligned to the Christian humanitarian principle for respect for the human personality?
a.      The study of the Philippine Constitution
b.      The massive housing program to house the poor Filipinos
c.       The promotion of the basic human rights of the Filipinos
d.      The functional literacy program for the out-of-school youth and adults

6.      The military training requirements among students in the secondary and tertiary levels can be traced as a strong influence of the
a.      Greeks
b.      Romans
c.       Orientals
d.      Chinese

7.      The educational objective to indoctrinate Filipinos to accept the teaching of the catholic church which is to foster faith in God is bedrocked in the philosophy called
a.      Realism
b.      Pragmatism
c.       Idealism
d.      Existentialism

8.      Virtue as one component in the teaching of Rizal as a course focuses on the teaching of good and beauty consistent with the good and beauty in God. Which philosophy supports this?
a.      Idealism
b.      Progressivism
c.       Existentialism
d.      Social reconstructionism

9.      Giving the highest budgetary allocation, the Philippine government recognizes the possible contribution of its future citizens to the national development goals of the Philippine society. This goal of education for social transformation was stressed by the early
a.      Greek education
b.      Roman education
c.       Athenian education
d.      Followers of Christ

10.  The progressivists emphasized the individuality of the child, the reconstructionists were more concerned with
a.      Subjectivity
b.      Experiential learning
c.       Social change
d.      Social problem

  if you are interested for the complete copies of this reviewer just text me 09175088081

                                                                    
NEW CP. NO. 09988618102
                          

ENGLISH AND LITERATURE


1.      The hostage is free. They paid their way. What does this statement tell us?
a.      After paying ransom they were released
b.      They were freed without ransom
c.       They negotiated peacefully
d.      They escaped after paying

2.      Children who have been exposed too much in TV suffer from unusually short
a.      Understanding
b.      Concentration
c.       Attention span
d.      Learning

3.      Stop shilly-shallying and make up your mind. This serve as warning not to:
a.      Continue
b.      Go ahead
c.       Hesitate
d.      Decide

4.      “I prefer a government run like hell by Filipinos rather than one run by foreigners” who said this famous statement?
a.      Apolinario Mabini
b.      Emilio Aguinaldo
c.       Jose Rizal
d.      Manuel L. Quezon

5.      Who among this writer is famous for using exploits of great heroes?
a.      Juan C. Laya
b.      Carlos Bulosan
c.       Manuel Arguilla
d.      F. Sionel Jose

6.      Who is the most translated author of the world?
a.      Voltaire
b.      Homer
c.       Victor Hugo
d.      Alexander Dumas

7.      Ba-ba, black wool. Have you any sheep, yes sir a pack full, creep mouse, creep! This verse sounds like the opposite of the original one. Who is the poet who recomposed the above?
a.      William Langland
b.      John Lyly
c.       William Brightly Rands
d.      William Congrove

8.      She wrote a “first rate REPORT. What does it say about the report?
a.      Run of the mill
b.      Mediocre
c.       Excellent
d.      Ordinary

9.      Because the moon rotates on its axis at the same time as it ______________around the earth, we see the same side always.
a.      Revolves
b.      Is revolving
c.       Revolve
d.      Has been revolving

10.   His apocalyptic views seemed to doom the human race. This is to be taken as _________
a.      Spiritless
b.      Prophetic
c.       Lethargic
d.      Apathetic

11.  He was as helpless as a child. Classify this statement.
a.      Metaphor
b.      Simile
c.       Idioms
d.      Synonym

12.  What is the English translation of Rabinoranath Tagore’s “Gitanjali?”
a.      Song of songs
b.      Devotional songs
c.       Patriotic hymns
d.      Song of offerings

13.  The words “inappropriate illegal, irresponsible and unaware” have prefixes which are classified as _________
a.      Common
b.      Neutral
c.       Positive
d.      Negative

14.  What figure of speech is used in the line “I wondered lonely as a cloud”
a.      Personification
b.      Alliteration
c.       Metaphor
d.      Simile

15.  The line from the Koran. ‘woe to every backbiter, defamer” talk of ___________
a.      Sorrow for those who oppose the opinion of their fellow
b.      Punishment for those who give unsolicited advice
c.       Anguish for those who defend unrighteousness
d.      Misery for all who talk ill for others


NEW CP. NO. 09988618102
                          

                                                                 
CHILD AND ADOLESCENT DEVELOPMENT


1.      According to Piaget’s theory of Cognitive Development, a child during the sensorimotor period does not see things in abstract forms. Therefore, in teaching mathematics to young children, the _____________
a.      Use of pictures may not be necessary
b.      Use of concrete objects is not needed
c.       Concrete state should precede the abstract style
d.      Abstract stage must come before the concrete direction

2.      Which of the following represent the sequential order of pre-natal development?
a.      Embryonic period-fetal period-germinal period
b.      Germinal period-fetal period-embryonic period
c.       Germinal period-embryonic period-fetal period
d.      Fetal period-embryonic period-Germinal period

3.      Following Piaget’s Theory of Cognitive Development, Ms. Victoria provides her student varied activities that enable them to classify objects according to more than one variable, rank order items in logical series and understand that amount of mass or liquid do not change because their shape does. These developments can be expected to be performed by
a.      Pre-schoolers
b.      College students
c.       High school students
d.      Elementary school children

4.      Among adolescent, the feet,hands, and nose reach maximum development while the lower parts of the face and the shoulders develop more slowly. On the other hand, creative imagination develops rapidly in childhood and reaches its peak in adolescence. Therefore,
a.      Different areas develop at the same rate
b.      Different areas develop at the different rates
c.       Development is faster during the adolescent period than in early childhood
d.      The development of the different parts of the bod comes one after the other.

5.      Which of the stages of development is normally characterized by much growth, rapid, changes, mood swings, and negatively?
a.      Infancy
b.      Toddlerhood
c.       Early childhood
d.      Middle childhood


NEW CP. NO. 09988618102
                          
 
Principles and Theories of Learning and Motivation


1.      The learner should be biologically prepared applies to the law of
a.      Readiness
b.      Exercise
c.       Effect
d.      Practice

2.      Which of the following will not support the concept of individual difference?
a.      Use varied activities for a difficult lesson
b.      Consider the uniqueness of each student
c.       Involve all students regardless of what the activity is
d.      Help should be extended to both the gifted and retarded learners

3.      Mr. David would like to increase the abilities of his students to solve more complex problems. What must Mr. David do?
a.      Correct all wrong answer at all time
b.      Increase practice with simple problems
c.       Reduce stimulation so as to increase attention to the task
d.      Problems match appropriately to students level of thinking

4.      Which of the following statements is false about motivation?
a.      A force that energizes, sustains and direct behaviour toward a goal
b.      Sometimes referred to as the “go of personality” in that its absence usually reduces most normal people to a state of listlessness and apathy
c.       It is an external state or condition that serves to activate or energize behaviour and gives it direction
d.      It is a psychological state that consequence with a person having activated his or her motives

5.      The following are specific strategies for memory enhancement. Which one is not?
a.      Use mnemonic device
b.      Over learn the material
c.       Sleep before studying
d.      Distribute, study and practice new materials

                                                                      
NEW CP. NO.09988618102 
                          
 
PRINCIPLES AND STRATEGIES OF TEACHING

1.      Ms. Monster was having discipline problem with her English class. What questioning technique should she considered to sustain students’ attention?
a.      Ask low-level thinking questions
b.      Ask difficult questions
c.       Ask varied questions
d.      Ask stimulating questions

2.      Teacher abby is partial to experiential or learner – centered teaching. Which of the following strategies will she least engage in?
a.      Deductive discovery
b.      Problem solving
c.        Lecture – discussion
d.      Laboratory

3.      Choose two questions that could promote development of critical thinking
a.      Those that ask for factual information
b.      Those that call for application
c.       Those that require description
d.      Those that require use of a rule

4.      What lesson would be very useful in mastering science and mathematical facts, social science concepts, oral spelling skill and vocabulary development?
a.      Development
b.      Review
c.       Drill
d.      Appreciation

5.      Which strategy provides the learners with more information rather than application?
a.      Deduction
b.      Induction
c.       Lecture
d.      Discussion
 
NEW CP. NO. 09988618102
                 

 
CURRICULUM DEVELOPMENT

1.      Suppose that in developing a curriculum, your intention is to put a lot of importance in developing the mind and spirit of the learners. What philosophical belief will help you on this?
a.      Axiology
b.      Idealism
c.       Pragmatism
d.      Reconstructionism

2.      Two of the following choices NOT considered as social forces that affect the school and the curriculum, which are these?
a.      Multicultural concerns
b.      Change in gender roles
c.       Nature of knowledge
d.      Learner’s characteristics

3.      Two of the following choices NOT considered as social forces that affect the school and the curriculum, which are these?
a.      Multicultural concerns
b.      Change in gender roles
c.       Nature of knowledge
d.      Learner’s characteristics

4.      A curriculum developer decides to effect a curricular change, instead of curriculum improvement. The most probable reason for this is that the results of curriculum evaluation call for an alteration in the _________ and in the _________
a.      Set of competencies and objectives
b.      Teaching strategies to be used
c.       Time allotment of subject areas
d.      Sequence of content for a certain year/grade level

5.      A curriculum developer decides to effect a curricular change, instead of curriculum improvement. The most probable reason for this is that the results of curriculum evaluation call for an alteration in the _________ and in the _________
a.      Set of competencies and objectives
b.      Teaching strategies to be used
c.       Time allotment of subject areas
d.      Sequence of content for a certain year/grade level


NEW CP. NO 09988618102
                        
 
EDUCATIONAL TECHNOLOGY

1.      Which of the following statements does NOT describe educational technology?
a.      It is a profession composed of various job categories
b.      It refers to the efficiency of teachers in using computers
c.       It includes audio-visual materials, interactive multimedia and self-instructional materials
d.      It is the development, application, and evaluation of system, techniques and aids to improve human learning

2.      Which group of technologies has the highest degree of abstraction?
a.      Book, imaginative literature, programmed instruction
b.      Digital video, film, versatile compact disc
c.       Video, pictures
d.      Realia and computers

3.      Which of the following is NOT an advantage of real objects and model in teaching and learning?
a.      They pose problems on storage
b.      They are less abstraction and more concrete
c.       They are readily available in the environment, around the school , and in the home
d.      They provide hands-on learning experiences and emphasize real-world applications

4.      Ms. De Leon, a non-education graduate teacher was hired to teach in elementary school where there are enough resources for instruction. Which of the following processes would you suggest her in using an educational technology?
a.      Design – utilization – evaluation – development
b.      Design – development – utilization – evaluation
c.       Development – design – utilization – evaluation
d.      Development – utilization – evaluation – design

5.      Mr. Samson is planning to integrate the use of technology in his science class. Which of the following would be his second step?
a.      Set the objectives
b.      Analyse the learners
c.       Utilize the materials with showmanship
d.      Evaluate the performance of the students

NEW CP. NO. 09988618102
                      


 
Most Frequently Asked Questions (MFAQ) in Legal Bases of Education and Their Possible Answer(OR A Simplified Catechetic in Legal Bases of Education)


Question:         This question is in connection with student arrest in the school premises.
the arresting officer taking the student under custody is a member of the military establishment properly identified but without warrant of arrest, what would be the responsibility of the school if the student injury is sustained within the campus?


Answer:           The school authorities have no liability. The reason is that they could not fight the police or military establishment. In this connection, the Supreme court gives the advice that when one is picked up by the police officer, he should not argue with the policeman. He must argue in court.

Question:         Is a parent’s signature permitting his child to join on outing or excursion or field trip tantamount to a waiver? Suppose something happens to the students.

Answer:           It is not a waiver. A parent just gives the permission to his child to join the outing or excursion or field trip but not the permission to be injured.

Questions:       Assuming that one can prove that he exercised proper diligence, what then is the parameter for proper? When do we know it is proper not proper? What constitutes proper or not proper? who will decide that?

Answer:           According to the Supreme Court of the Philippines, you cannot show that the diligence exercised was proper by calibrated degrees. Each case will have to depend on the circumstances surroundings the event. It is found in the Latin quis, quid, quibos, qour, quomodo, quando. What is proper diligence is one case may not be so in another circumstances because of the difference in the attendant circumstances .There are no hard and fast rules that can possibly be given.

Question:         Would the school authority be liable for any accident that happens to its students in the school bus or because of traffic accidents to and from the school?

Answer:           If the school bus belongs to the school, the school is liable. If it belongs to a private company, then the concessionaire is the one that is liable.

Question:         Suppose that in a student evaluation, a teacher is consistently graded in a manner of leading to the conclusion that the teacher is inefficient; would this be ground for dismissing the teacher:

Answer:           If the testimony of the students is convincing, and with due process, yes.

Question:         Suppose something happens to the students on the way from the school to the police precinct , what is the school’s liability?

Answer:           The school no liability. Nothing. The reason is that the student is now under police custody.

Question:         It is said that most foolishness and conduct unbecoming of a student occur when the teacher dismisses his class too early, let us say, twenty minutes after the time or fifteen minutes before the time, Since every school head is after escaping liability, may he issue as an exercise of diligence, a regulation that anything that may happen within the period when the teacher is supposed to be in the classroom will be his liability and that the school head has nothing to do with it?

Answer:           If it was already known to the school authorities that a particular teacher or teachers are in the habit of coming to class late or dismissing classes too early, the school has not done anything about, then the school is still liable. The regulation should be a general rule such as an announcement at the beginning of the school year or during faculty or teachers, meeting and that violation of that rule will be ground for disciplinary action on the teacher. That teacher shall be subject to administrative action.

Question:         Suppose during a class a student leave without the teacher’s permission. Then, he meets an accident outside the school campus. the question is: Is the teacher, and therefore the school liable?

Answer:           In such a case the age of the student will be the one to be the deciding factor. If the student is a minor the law requires that the school post guards so that the students cannot go out during class hours. If he is of age and he goes out of the school, the school is not liable. The school’s negligence will be for failure to post guards for the security of the students who are considered minors.

Question:         how do you differentiate tenure from term of office?

Answer:           The word tenure refers to the period of time during which the incumbent is in office where the word term of office refers to the period of time during which the incumbent has the right to be in office

Question:         If an educational institution converts itself into a foundation and any of its employees or teachers refuse to become part of the foundation, would the refusal be tantamount to separation?

Answer:           In the words of the Supreme Court, transfer is not just physical severance but the fact of being separated. Now, if a school employee or teacher refuses to be absorbed by the foundation, he has thereby made his own decision. In the words of the Existentialist Philosopher Jean Paul Sartre, a person who makes a decision is the moral one and the one who cannot make a decision is the immoral one. Now, he has thereby made his own decision. He has laid off himself. In short, he has dismissed himself!

Question:         Suppose a school transfer location due to a government order on dispersal, is the refusal of a teacher to join that school that transfer location be a ground for separation, and may the Commission hold the school accountable?

Answer:           Because the relocation of the school is mandated by the state, whoever refuses to join the migration and complains to the Commission on accounts of his separation would have to convince the NLRC that the school was acting in bad faith.

Question:         why is it difficult to dismiss inefficient faculty members and yet comparatively easy for a faculty member to walk out of his school with very little penalty?

Answer:           The question has, of course, serious socio-economic and moral implications. The state has to use its police power to counteract certain pressures  in the free world economy. In a developing country like the Philippines which has a labor excess economy, which means that here we have  a situation where the man runs after the jobs and not the job running after the man, the guidelines are based on the philosophy that unemployed workers constitutes a social burden to the government and such a situation should not be recommended to escalate. Moreover, the philosophy of egalitarian  must be used here where the State is guided by the motto: the greatest good for the greatest number.”

Question:         If a professor carries on an affair with a female student and the affair is carried on outside the school, may the professor be charged with immorality? Or if an unmarried teacher should become pregnant is this a case of immorality?

Answer:           Moral standards are supposed to be universal. Such a situation should not be tolerated whether the school is private or public.

Question:         What is our law on tenure?

Answer:           The explicit mandate of the 1987 Philippine Constitution enjoins the State to assure the security of tenure of workers in employment. This constitutional provision abolishes the almost absolute right of the employer under the Termination Pay Law (R. A 1987) to terminate at any time the services of his employees even without just cause. (Department of Labor Staff Committee on labor code)

Question:         what statutory law implements the constitutional provision on tenure?

Answer:           The statutory law that implements the constitutional provision on tenure is presidential Decree 442, as amended, which took effect last may 1, 1974. Specifically its pertinent provision provides that “In cases of employment without a definite period, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. (Article 269, Labor Code)

Question:         What is the effect of an unjust dismissal of an employee?

Answer:           He shall be entitled to reinstatement without loss of seniority right and to his back wages computed from the time his compensation which was withheld up to the time of his compensation which was withheld up to the time of his actual reinstatement. (Article 269, Labor Code)

Question:         What do you mean by dismissal for a just cause?

Answer:           As a sufficient ground for dismissal, a just cause is a legal cause and not merely a cause, which the appointing power, in the exercise of his discretion, deems sufficient. It is the statutory prescription of the cause of termination of employment.

Question:         What exactly do we mean by probationary period?

Answer:           Under the Labor Code, the probationary period is actually the period needed to determine fitness for the job. This period, due to lack of a better measurement, is deemed to be the period needed to learn the job.

Question:         What is the probationary period for employees covered by the Labor Code?

Answer:           The general probationary period is actually six months. If the job is apprenticeable, the probationary period is the apprenticeship period, which may range from less than six to more than six months depending upon the nature of the job. The probationary employment of professors, instructors, and teachers shall be subject to standards established by the Department of Education and Culture (Policy Instruction No. 11). However, for those working in the DepEd now, there is no more probationary period.

Question:         what is liability, if any, or to what extent will heads of schools be liable for mass demonstration similar to those in Thailand or in China?

Answer:           Mass demonstrations are without sanction of the school activities. Therefore, the schools are not liable.

Question:         Suppose the demonstration is inside the school premises without permission of the school authorities during class hours just like what happen to the University of Southern Mindanao way back in 1983’s, what liabilities do the school officials have?

Answer:           If the activity is in violation of school regulations and the school authorities had tried their best to stop it, the school would not be liable. The school will be held liable if there was implied consent.

Question:         In case of an arrest of student during class hours. What is the liability of the school if it refuses to surrender a student?

Answer:           This is disobedience to lawful authority. The school is therefore held liable.

Question:         Can a teacher who has to use force in a students’ fight be held liable if he accidentaly hurts a student in trying to stop the fight?

Answer:           No., because the teacher was acting in the performance of lawful duty. However, the forced employed by the teacher must be commensurate with the danger involved.

Question;         Is there direct assault if both offender and offended are persons in authority?

Answer:           In a case where a superintendent boxed a fellow superintendent because of conflict of jurisdiction, it was ruled that there was no assault.

Question:         Is serious vandalism committed by an employee against the property of teachers in the classroom considered as assault of person in authority?

Answer:           The offense may be termed malicious mischief or destruction of property with evil motive, etc..

Question:         Is a student liable for direct assault upon a person in authority even if the act was committed during recess time and not in actual performance of the teacher’s duties?

Answer:           Yes, as long as it is by reason or no accession of the teacher’s duties. When we say on occasion of the reason behind the assault was the performance of the teacher’s duties.

Question:         If a student’s refusal to obey teacher in public provokes the teacher’s anger who loses his temper and slaps the student or even manhandles him, should the school officials side with the teacher or the student?

Answer:           That situation is a plain case of the teacher taking the law into her own hands-the teacher becomes the offender and the students, his victim. More importantly, the offense is even aggravated by the teacher being a person in authority.

Question:         When we refer to students assaulting persons in authority, do we refer only to student currently enrolled or does this include students who have been granted honourable dismissal?

Answer:           The law does not mention students only. It includes non students,parents, even strangers. If a student was flunked by a professor there is direct assault on a person in authority

Question:         In most barrios it is difficult to divorce the social functions of a teacher from the academic. If a teacher attends a school social function and in refusing to dance with a man she gets slapped direct assault on a person in authority?

Answer:           It depends on the reason why the teacher was slapped.


Question:         The teacher refused to danced with him because he smells liquor.

Answer:           The teacher’s refusal to dance has nothing to do with the performance of a teacher’s duty but for a private reason. If a teacher is in the performance of duty, no matter if the reason for the assault has nothing to do with teacher (such as when a teacher is explaining a lesson and a creditor comes and slaps her in front of the students) there is direct assault of person in authority. The reason is immaterial if the assault is committed while the teacher is performing her duties.

Question:         Would homosexual practices constitute just cause for separation?

Answer:           The attending circumstances should be taken into account. In most state universities and colleges as wella sprivate


                                               GENERAL EDUCATION:

         * English
         * Filipino
         * Mathematics
         * Literature

MAJOR SUBJECT:

         * Technology and livelihood Education (TLE) 500 Questions
   
            1. Foods

1. A simple form of sugar which can be found in fruits, honey, corn syrup and sweet corn, also known as           dextrose or grape sugar is
     a. fructose
     b. galactose
     c. glucose
     d. sucrose

2. it is a man made vitamins which are synthesized in the laboratory, mostly used for therapeutic purposes is       called
     a. avitaminosis
     b. synthetic vitamins
     c. hypervitaminosis
     d. artificial vitamins

3. proper hand washing involves rubbing hands together:
     a. for at least 15 seconds
     b. for at least 20 seconds
     c. until they appear clean
     d. until nails are clean

4. The set of instruction for preparing a dish using various ingredients is the
     a. food guide
     b. cooking guide
     c. dietary guide
     d. recipe

5. One way to prepare low cost but nutritious meals in these hard time is to
     a. reduced quantity of food prepared.
     b. reduced quality of food prepared
     c. use substitute
     d. recycle leftover

6. Sanitation in food preparation is important for a number of reasons EXCEPT:
     a. minimize the presence of nutrients is ensured.
     b. avoid disease carrying organism
     c. conserve nutrients
     d. avoid food infection and poisoning.

7. considering the nutrition problem in this country today, because of poverty, dishes would you recommend     is
     a. steamed eggplant and bagoong
     b. pinakbet, eggplant, okra, saluyot leaves
     c. sauteed monggo with dried dilis and ampalaya
     d. fresh lumpia

8. This refer to the monthly income required to satisfy the nutritional requirement of a family with six members
     a. food intake
     b. food threshold
     c. food consumption
     d. food budget

9. The longest period during which food may be safely kept from the danger zone because of the hazard of        bacteria growth is
     a. 2 hrs
     b. 6 hrs
     c. 5 hrs
     d. 4 hrs

10. The following are preparing meals that are aesthetically pleasing except one
      a. use as many condiments and spices to enhance the flavor of the recipe
      b. use proper techniques in preparation
      c. use proper techniques in cooking
      d. use cut-out fruits and vegetables for decorating



            2. Cosmetology

1. To play up good features and tone down the bad one, apply
     a. ordinary or day make-up
     b. evening make-up
     c. photographic make-up
     d. theatrical make-up

2. A solvent containing acetone or other solvent is used to thin out the nail polish when it is thickened. it is         called
     a. nail polisher
     b. nail drier
     c. nail whitener
     d. nail strengthener

3. Good grooming is important to possess by everyone because
     a. it enhances the personality.
     b. It helps one to look at life in a positive light.
     c. It is used as an effective tool in establishing good relationship
     d. all of the above

4. The position of eyebrow where it increases the width where the face is involve is called
     a. high positioning
     b. low positioning
     c. far apart
     d. close apart

5. The portion of hair structure extending above the skin surface is called
     a. hair root
     b. hair shaft
     c. follicle
     d. strands

            3. Basic Electricity

1. The number of cycle completed by an electric current in one second
     a. frequency
     b. cycle
     c. period
     d. orbit

2. It is an electrical device or appliances that consume electrical energy
     a. path
     b. source
     c. load
     d. control

3. The electron theory states that all matters are composed of tiny particles called
     a. energy
     b. current
     c. atom
     d. ampere

4. It a type of electricity in motion. this is very useful, it can be transmitted from place to place through a             connection and attachment.
     a.  static electricity
     b. dynamic electricity
     c. battery
     d. dynamic and static electricity

5. Unit in voltage can be express in
     a. volts
     b. current
     c. amperes
     d. volts and amperes

            4. Basic Electronics

1. A branch of Physics that refers to the flow of electron through nonmetal conductors.
     a. mechanics
     b. Physics
     c. Electricity
     d. Electronics

2. Broken wires, corroded or loosened terminals is a circuit trouble in appliances.
     a. short circuit
     b. broken parts
     c. broken wiring
     d. bad internal connections

3. Electronic tool that is used to strip off wire insulator  from its conductors.
     a. wire stripper
     b. socket wrench
     c. small tweezers
     d. long nose pliers

4. These are nonmetal conductors
     a. conductors
     b. insulators
     c. inductors
     d. semiconductors

5. Which type of circuit board has parallel strips of copper track?
     a. printed circuit board
     b. breadboard
     c. strip board
     d. none of the above

            5. Plumbing

1. Plumbing code is very important in house plumbing installation. It include the proper installation of the             venting system of the sewer gases to facilitate the flow and ______
     a. draining of water waste
     b. water disposal
     c. solid waste disposal system
     d. water and waste disposal system

2. Mr. Leona is working on the water connection of the school, what particular tool he will use to                      tighten/loosen pipe fitting
     a. adjustable wrench
     b. pipe wrench
     c. pliers
     d. basin wrench

3. It is necessary to install this valve so that the incoming water connection that is used to control the flow of
    water  in a piping system
     a. flanged
     b. valve
     c. union joint
     d. universal joint

4. The development of mechanical fittings suitable for joining both imperial and metric sizes of medium and          high density polyethylene pipe. the material is made from a nylon as a basic component of each fitting
     which is known as
     a. central fitting
     b. flanged
     c. stainless fitting
     d. coupling fitting

5. Today's present time, the increasing standardization of plumbing codes in different areas of the country
     tends toward uniformly due to the availability of ____________
     a. manpower
     b. tools and equipment
     c. equipment and materials
     d. engineering standard

            6. Carpentry & Masonry

1. These are several steps in sharpening the saw, EXCEPT one:
     a. setting the teeth
     b. filling and side jointing
     c. whetting
     d. top jointing

2. Woods are basic raw materials used for carpentry and making finished product. Which of the following is
    NOT true in carpentry?
     a. woods are use for housing
     b. woods are use for table
     c. woods are use for fuel
     d. woods are use as tool

3. Ruel is a student who wants to change the color of the table top he is working on. What process should
    he do?
    a. bleaching
    b. staining
    c. coloring
    d. blending

4. The term used for woman's cabinet is
     a. vanity
     b. chiffonier
     c. dresser
     d. buffet

5. mixed concrete should be poured before the initial setting taks place and this within _____
     a. 30 min.
     b. 45 min.
     c. 1 hour
     d. 1:30 hours


            7. Drafting

1. The following are the importance of geometric construction except _______
     a. developing sketches
     b. making lettering
     c. making plans
     d. reading drawing

2. This kind of drawing shows how object actually appeared to the observer?
     a. Isometric
     b. Oblique
     c. Orthographic
     d. Perspective

3. If you need the hardest of the drawing pencil for making your drawing use ______
     a. 6H
     b. 7H
     c. 8H
     d. 9H

4. What can you use  to scrape off incorrectly inked line when eraser is not available?
     a. art gum
     b. razor blade
     c. rubber eraser
     d. sharpener

5. What line used to represent the hidden side of the object drawn
     a. center line
     b. Ditto line
     c. Invisible line
     d. Object line


            8. Entrepreneurship

1. When an entrepreneur find ways to make new products or services, new methods of production, new            markets, and new sources of raw materials. It shows that entrepreneurs are _________
     a. decision - maker
     b. hardworking
     c. innovative
     d. positive thinker

2. If an entrepreneur has the ability to learn he does the following pertinent activities except _______
     a. when the business is still small, he does everything
     b. he send workers for training
     c. He attended related seminars
     d. Acquire basic training in small business

3. Which of the following is a characteristic of sole proprietorship?
     a. stocksholders own the business
     b. The owner enjoys economic freedom
     c. Two or more person share in the management
     d. Ownership of an enterprise is divided into equal parts called share.

4. A source of capital by which fund is generated by way of pledging a designated property as security or
    collateral?
     a. bonds
     b. credit
     c. capital equipment
     d. mortgage


            9. Business Mathematics

1. The financial statement showing the financial position of an enterprise by summarizing its assets, liabilities,        and owner's equity at a point in time.
     a. balance sheet
     b. articulation
     c. financial statement
     d. Income statement

2. It is considered as the actual profit retained by a business and it is actually the difference between the             revenue  earned by the company and the expenses incurred
     a. net profit
     b. revenues
     c. gross profit
     d. capital stock

3. Nora sells in a department store. She receives a salary of P8,000 a month plus a commission of 1% on all      her sales. Last month, her total sales were P 35, 000. How much did she earn for the month?
     a. P 8,350
     b. P 12, 500
     c. P11,350
     d. P13, 500

4. For every transaction, the value of debits is equal to the value of
     a. equity
     b. liability
     c. credit
     d. assets

5. This is equal to the sum of liabilities and owner's equity
     a. assets
     b. operating expenses
     c. revenue
     d. profit


         * English and Literature



         * Social Science
                                    
NEW CP. NO 09988618102