Here are the bases of the Philippine Educational System. The texts below
are the articles, section, and the republic acts under the Philippine
Constitution.
MAJOR
LEGAL BASES
The
Philippine Constitutions
1. 1935 CONST. Article XIV Section 5
2. 1973 CONST. Article XV Section 8 (1-8)
3. 1987 CONST. Article XIV Sections 1-5(5)
2. 1973 CONST. Article XV Section 8 (1-8)
3. 1987 CONST. Article XIV Sections 1-5(5)
THE 1987
CONSTITUTIONS
Article
XIV Sections 1-5(5)
Section 1. The
state shall protect and promote the right of all the citizens to quality
education at all levels and shall take appropriate steps to make
such education accessible to all.
Section 2. The
state shall:
- Establish,
maintain and support a complete, adequate and integrated system of
education relevant to the needs of the people and society;
- Establish
and maintain a system of free public education in the elementary and high
school levels. Without limiting the natural rights of parents to rear
their children, elementary education is compulsory for all children of
school age;
- Establish
and maintain a system of scholarship grants, student loan programs,
subsidies and other incentives which shall be available to deserving
students in both public and private schools, especially to the
underprivileged;
- Encourage
non-formal, informal and indigenous learning system, as well as self-
learning independent and out-of-school study programs particularly those
that respond to community needs; and
- Provide
adult citizens, the disabled and out-of-school youth with training in
civics, vocational efficiency and skills.
Section 3.
- All
educational institutions shall include the study of the Constitution as
part of the curricula.
- 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
efficiency.
- At the
option expressed in writing by the parent or guardians, religion shall be
allowed to be taught to their children or wards in the public elementary
and high schools within the regular class hours by instructors designated
or approved by the religious authorities of the religion to which the
children or wards belong, additional cost to the Government.
Section 4.
- The
state recognizes the complementary roles of the public and private
institutions in the educational system and shall exercise reasonable
supervision and regulation of all educational institutions.
- Educational
institutions, other than those established by religious groups and mission
boards, shall be allowed solely by citizens of the Philippines or corporations
or associations at least sixty per centum of the capital of which is owned
by such citizens. The Congress may, however, require increased Filipino
equity participation in all educational institutions. The control and
administration of educational institutions shall vested in citizens of the
Philippines. No educational institution shall be established exclusively
for aliens and no group of aliens shall comprise more than one third of
the enrollment in any school. The provisions of this subsection shall not
apply to schools established for foreign diplomatic personnel and their
dependents and, unless otherwise provided by law, for other foreign
temporary residents.
- All
revenues and assets of non- stock, non- profit educational institutions
used actually, directly and exclusively for educational purposes shall be
exempt from taxes and duties. Upon the dissolution or cessation of the
corporate existence of such institutions, their assets shall be disposed
of in the manner provided by law. Proprietary educational institutions,
including those cooperatively owned, may likewise be entitled to such
exemptions subject to the limitations provided by law including
restrictions on dividends and provisions for reinvestment.
- Subject
to conditions prescribed by law, all grants endowments, donations or
contributions used actually, directly and exclusively for educational
purposes shall be exempt from tax.
Section 5.
- 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.
- Academic
freedom shall be enjoyed in all institutions of higher learning.
- Every
citizen has a right to select a profession or course of study, subject to
fair, reasonable and equitable admission and academic requirements.
- The
State shall enhance the right of teachers to professional advancement.
Non- teaching academic and non-academic personnel shall enjoy the
protection of the State.
- 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.
BATAS
PAMBANSA BLG. 232 (THE EDUCATION ACT OF 1982)
This was an act providing for the establishment and maintenance of an
integrated system of education. In accordance with Section 2, this act shall
apply to and govern both formal and non- formal system in public and private
schools in all levels of the entire educational system.
As
provided by this Act, the national development goals are as follows:
- To
achieve and maintain an accelerating rate of economic development and
social progress.
- To
assure the maximum participation of all the people in the attainment and
enjoyment of the benefits of such growth; and
- To
achieve and strengthen national unity and consciousness and preserve,
develop and promote desirable cultural, moral and spiritual values in
changing world.
It is also
stated in Section 3 that:
The State shall promote the right of every individual to relevant quality
education, regardless of sex, age, creed socio- economic status, physical and
mental conditions, racial or ethnic origin, political or other affiliation. The
State shall therefore promote and maintain equality of access to education as well
as the benefits of education by all its citizens.
RIGHTS OF
STUDENTS IN SCHOOL (Section 9)
- The
right to receive competent instruction, relevant quality education.
- The
right to freely choose their field of study subject to the existing
curricula and continue their course up to graduation, except in cases of
academic deficiency or violations of disciplinary regulations.
- The
right to school guidance and counseling services.
- The
right to access to his owns school records and the confidentiality of it.
- The
right to issuance of official certificates, diplomas, transcript of
records, grades, transfer credentials and similar document within thirty
days from request.
- The
right to publish a student newspaper and invite resource persons during
symposia, assemblies and other activities.
- The
right to free expression of opinions and suggestions and to effective
channels of communication with appropriate academic and administrative
bodies of the school or institutions.
- The
right to form or establish, join and participate in organizations and
societies recognized by the school…, or to form, join and maintain
organizations and societies for purposes not contrary to law.
- The
right to be free from involuntary contributions except those approved by
their organizations and societies.
RIGHT OF
ALL SCHOOL PERSONNEL (Section 10)
- Free
expression of opinions and suggestions.
- To be
provided with free legal service by the appropriate government office in
case of public school personnel and the school authorities concerned in
case of private school personnel, when charged in administrative, civil
and/or criminal proceedings, by parties other than the school authorities
concerned, for actions committed directly in the lawful discharged of
professional duties and/or in defense of school policies.
- Establish
join, maintain labor organization of their choice to promote their welfare
and defend their interest.
- To be
free from involuntary contributions except those imposed by their own
organizations.
SPECIAL
RIGHTS and/or PRIVILEGES OF TEACHING OR ACADEMIC STAFF (Section 11)
- Right
to be free compulsory assignment not related to their duties defined in
their appointment or employment contracts unless compensated thereof.
(additional compensation Sec. 14 R.A. 4670- at least 25% his regular remuneration)
- Right
to intellectual property………
- Teachers
are persons in authority when in lawful discharge of duties and
responsibilities… shall therefore be accorded due respect and protection
(Commonwealth Act No. 578)
- Teachers
shall be given opportunity to choose career alternatives for advancements.
RIGHTS OF
ADMINISTRATORS (Section 12)
- School
administrators shall be deemed persons in authority while in the lawful
discharge of their duties and responsibilities…. Shall be accorded due
respect and protection (Commonwealth Act No. 578)
RIGHTS OF
SCHOOLS (Section 13)
- The
right of their governing boards…….to adopt and enforce administrative or
management systems.
- The
right of institutions of higher learning to determine on academic grounds
who shall be admitted to study, who may teach, and who shall be the
subjects of the study and research.
MAINTENANCE
OF QUALITY EDUCATION
- Voluntary
Accreditation (Section 29)
- Teachers
and Administrators obligations and qualification (Sections 176 and 17)
- Government
Financial Assistance to Private Schools (Section 41)
OTHER
LEGAL BASES
1.
Republic Act No. 74
This law was enacted on January 21, 1901 by the Philippine Commission,
and provided:
a. Establishment of the Department of Public Instruction headed by the
General superintendent
b. The archipelago was divided into school divisions and districts for
effective management of the school system.
c. English was made as medium of instruction in all levels of schooling
d. Optional religious instructions in all schools (Section 16)
e. Establishment of a Trade school in Manila (Philippine College of Arts
and Trade- PCAT now known as Technological University of the Philippines), a
school of Agriculture in Negros, a Normal school in Manila (Philippine Normal
School) (Section 18)
• Philippine Normal School, however, was renamed Philippine Normal
College (PNC) by virtue of Republic Act No. 416 on June 18, 1949. And on
December 26, 1991, the PNC was converted to Philippine Normal University as
provided by Republic Act No. 7168.
2.
Republic Act No. 2706
This was known as the “Private School Law”, enacted on March 10, 1917 by
the Philippine Legislature, which made obligatory the recognition and
inspection of private schools and colleges by the Secretary of Public
Instruction so as to maintain a standard of efficiency in all private schools
and colleges in the country.
This law was amended by Commonwealth Act No. 180 passed on November 13,
1936 which provided that:
The Secretary of Public Instruction was vested with power to “supervise,
inspect and regulate said schools and colleges in order to determine the
efficiency of instruction given in the same.”
And all private schools come under the supervision and regulation of the
Secretary of DPI, thus eliminating “diploma mills” and substandard schools.
3.
Commonwealth Act No. 1 (Amended by R.A. 9163)
Known as the “National Defense Act” passed by the Philippine Assembly on
December 21, 1935, which provided in Section 81 that:
“Preparatory Military training shall be given with the youth in the
elementary grade school at the age of ten years and shall extend through the
remainder of his schooling into college or post-secondary education.
By virtue of Presidential Decree 1706, issued by the late President
Marcos on August 8, 1980, otherwise known as the “National Service Law”,
Commonwealth Act No. 1 was amended, and required all citizens to render, civic
welfare service, law enforcement service and military service.
4.
Commonwealth Act No. 80
This law created the Office of Adult Education on October 26, 1936, so as
to eliminate illiteracy and to give vocational and citizenship training to
adult citizens of the country.
5.
Commonwealth Act No. 578
Enacted on June 8, 1940, conferred the status of “persons in authority”
upon the teachers, professors, and persons charged with the supervision of
public or duly recognized private schools, colleges and universities.
This Act also provided a penalty of imprisonment ranging from six months
and one day to six years and a fine ranging from 500 to 1, 000 pesos upon any
person found guilty of assault upon those teaching personnel.
6.
Commonwealth Act No. 586 (Repealed by R.A. 896)
This is known as Education Act of 1940. It was approved on August 7, 1940
by the Philippine Assembly.
The law provided for the following:
a. Reduction of seven- year elementary course to six- year elementary
course.
b. Fixing the school entrance age to seven.
c. National support of elementary education.
d. Compulsory attendance in the primary grades for all children who
enroll in Grade I.
e. Introduction of double- single session- one class in the morning and
another in the afternoon under one teacher to accommodate more children.
7.
Commonwealth Act No. 589
This law, approved on August 19, 1940, established a school ritual in all
public and private elementary and secondary schools in the Philippines.
The ritual consists of solemn and patriotic ceremonies that include the
singing of the National Anthem and Patriotic Pledges.
8.
Republic Act No. 139 (Repealed by R. A. 8047)
Enacted on June 14, 1947, and the Board of Textbooks. This law provided
that all public schools must only use books that are approved by the Board for
a period of six years from the date of their adoption.
The private schools may use books of their choice, provided the Board of
Textbooks has no objections with those books.
9.
Republic Act No. 896
Enacted on June 20, 1953 and known as the Elementary Education Act of
1953, it repealed Commonwealth Act 586 and provided for the following:
a. Restoration of Grade VII (but never implemented due to lack of funds)
b. Abolition of the double - single session and return to the former
practice of only one
c. Class under one teacher in the primary and three teachers to two
classes or five teachers to three classes in the intermediate level
d. Compulsory completion of the elementary grades
e. Compulsory enrollment of children in the public schools upon attaining
seven years of age.
10.
Republic Act No. 1124 (Repealed by R. A. 7722)
Approved on June 16, 1954, this law created the Board of National
Education charged with the duty of formulating general educational policies and
directing the educational interests of the nation.
However, this Board which was later renamed National Board of Education
(P.D. No. 1), was abolished bu virtue of the Creation of the board of Higher
Education as stipulated in Batas Pambansa Blg. 232. The Board’s function is now
assumed by the commission on Higher Education or CHED by virtue of Republic Act
No. 7722.
11.
Republic Act No. 1265 (amended by R. A. 8491)
This law was approved on June 11, 1955, and provided that a daily flag
ceremony shall be compulsory in all educational institutions. This includes the
singing of the Philippine National Anthem.
12.
Republic Act No. 1425
It was approved on June 12, 1956, it prescribed the inclusion in the
curricula of all schools, both public and private, from elementary schools to
the universities, the life, works and writings of Jose Rizal especially the
Noli Me Tangere and El Filibusterismo.
13.
Republic Act No. 4670
Known as the “Magna Carta for Public School Teachers”. This was approved on
June 18, 1966 to promote and improve the social and economic status of public
school teachers, their living and working conditions, their employment and
career prospects.
It also provided the following:
- Recruitment
qualifications for teachers
- Code of
Professional Conduct for Teachers
- Teaching
hours- 6 hours of classroom teaching (maximum load)
- Additional
compensation- 25% of the regular remuneration
- Health
and injury benefits (thru the GSIS)
- One
year study leave (sabbatical leave) after seven years of continuous
teaching, the teacher should receive 60% of the monthly salary.
- One
range salary increase upon retirement (basis computing the retirement
fee).
- Freedom
to form organizations.
14. Republic
Act No. 1079
Approved on June 15, 1959, it provided that Civil Service eligibility
shall be permanent and shall have no time limit.
15.
Republic Act No. 6655
Known as the “Free Public Secondary Education Act of 1988”,
it was approved on May 26, 1988 and provided for:
a. Free public secondary education to all qualified citizens and promote
quality education at all level.
b. No tuition or other fees shall be collected except fees related to
membership in the school community such I.D., student organization and
publication.
c. Non- payment of these shall not hinder a student from enrollment or
graduation.
d. Nationalization of all public secondary schools ( Section 7)
e. A student who fails in majority of his academic subjects for two
consecutive years could no longer avail of their program.