POINTERS IN LEGAL ASPECT OF EDUCATION

AND CURRENT ISSUES IN EDUCATION

1. Who are the members of an educational community as introduced in the

Education Act of 1982 (BP 232)?

The members and elements of the educational community are:

a. "Parents" or guardians or the head of the institution or foster home which has
custody of the pupil or student.

b. "Students," or those enrolled in and who regularly attend and educational

institution of secondary or higher level of a person engaged in formal study. "Pupils,"
are those who regularly attend a school of elementary level under the supervision and
tutelage of a teacher.

c. "School personnel," or all persons working for an educational institution, which

includes the following:

i. "Teaching or academic staff," or all persons engaged in actual teaching and/or

research assignments, either on full-time or part-time basis, in all levels of the
educational system.

ii. "School administrators," or all persons occupying policy implementing

positions having to do with the functions of the school in all levels.

iii. "Academic non-teaching personnel," or those persons holding some

academic qualifications and performing academic functions directly supportive of
teaching, such as registrars, librarians, research assistants, research aides, and
similar staff.

iv "Non-academic personnel," or all other school personnel not falling under the
definition and coverage of teaching and academic staff, school administrators and
academic non-teaching personnel.

d. "Schools," or institutions recognized by the State which undertake educational

operations.

2. What are the mandatory fees that may be required to be paid under the Free
Secondary Education Act of 1988 (RA 7722)?

Students enrolled in secondary course offerings in national and general

comprehensive high schools, state colleges and universities, specialized schools,
trade, technical, vocational, fishery and agricultural schools and in schools which may
be established by law, shall be free from payment of tuition and other school fees,
except fees related to membership in the school community such as identification
cards, student organizations and publication which may be collected.

3. What are the major goals and objectives of the Technical Education and Skills
Development Act of 1994 (RA 7726)?

The TESDA Law aims to:

a. promote and strengthen the quality of technical education and skills

development programs to attain international competitiveness;
 Manuel 2

b. focus technical education and skills development on meeting the changing

demands for quality middle-level manpower;

c. recognize and encourage the complementary roles of public and private

institutions in technical education and skills development and training systems.

4. How does the law define “technical education”?

RA 7796, otherwise known as the Technical Education Act of 1994 defines

technical education as the education process designed at post-secondary and
lower tertiary levels, officially recognized as non-degree programs aimed at
preparing technicians, para-professionals and other categories of middle-level
workers by providing them with a broad range of general education, theoretical,
scientific and technological studies, and related job skills training.

5. Who are considered middle-level manpower under the TESDA Law?

Middle –Level Manpower refers to those:

a. who have acquired practical skills and knowledge through formal or non-
formal education and training equivalent to at least a secondary education
but preferably at post-secondary education with a corresponding degree or
diploma; or

b. skilled workers who have become highly competent in their trade or craft as
attested by industry.

6. What organizational changes in terms of management of education were

introduced under the Governance of Basic Education Act of 2001 (RA 9155)?

The Department of Education, Culture and Sports was renamed as Department of

Education. It shall be vested with authority, accountability and responsibility for
ensuring access to, promoting equity in, and improving the quality of basic education.

The Komisyon ng Wikang Pilipino, National Historical Institute, Records

Management and Archives Office and the National Library are now attached to the
National Commission for Culture and the Arts (NCCA) and no longer with the
Department of Education.

All functions, programs and activities of the Department of Education related to

sports competition were transferred to the Philippine Sports Commission (PSC).

7. How does the Higher Education Act of 1994 (RA 7722) guarantee academic
freedom and the limitations thereto?

No abridgment of curricular freedom of the individual educational institutions by the

Commission shall be made except for: (a) minimum unit requirements for specific
academic programs; (b) general education distribution requirements as may be
determined by the Commission; and (c) specific professional subjects as may be
stipulated by the various licensing entities.

8. Can a guidance counsellor without the consent of the client be examined as to

any communication of information which the guidance counsellor has acquired
during counselling with the client?
 Manuel 3

No. A certified guidance counsellor, including the records and secretary or clerk of a
licensed guidance counselor, cannot be examined as to any communication or
information acquired while attending to such client, without the consent of the client.

Any evidence obtained in violation of this provision shall be inadmissible for any
purpose and in any proceeding.

9. If a student is killed inside the campus, is the school liable? What is the basis
of its liability?

Yes, the school may be held liable.

If the student is killed inside the campus, the basis of the liability of the school
is contract because whenever a student enrolls at a school, there is a contract
entered into between him and the school. In this situation, the student binds
himself to comply with the rules and regulations and to comply with the school
policies, especially on academic requirements. The school in turn assures the
student that he will graduate, learn English, Math, etc., and assures that there
will be peace and order in the school campus. (PSBA, et al. v. CA, et al., G.R.
No. 84698, February 4, 1992)

10. What is plagiarism?

Plagiarism, a term not defined by statute, has a popular or common definition. To

plagiarize, says Webster, is "to steal and pass off as one’s own" the ideas or words of
another. Stealing implies malicious taking. Black’s Law Dictionary, the world’s
leading English law dictionary quoted by the Court in its decision, defines plagiarism
as the "deliberate and knowing presentation of another person's original ideas or
creative expressions as one’s own."2 The presentation of another person’s ideas as
one’s own must be deliberate or premeditated—a taking with ill intent.

11. Cite some international laws or instruments articulating the universal right to
education.

The right to education has been recognized since the Universal Declaration of Human
Rights (UDHR) in 1948. Article 26 of the Declaration proclaims that: ‘Everyone has
the right to education. Education shall be free, at least in the elementary and
fundamental stages. Elementary education shall be compulsory…education shall be
directed to the full development of human personality and to the strengthening of
respect for human rights and fundamental freedoms. It shall promote understanding,
tolerance and friendship among racial or religious groups…’. The right to education
has been enshrined in a range of international conventions, including the International
Covenant on Economic, Social and Cultural Rights (ICESCR, 1966), The Convention
on the Elimination of All Forms of Discrimination Against Women (CEDAW, 1979)
and more recently, the Convention on the Rights of the Child (CRC, 1989). It has also
been incorporated into various regional treaties. Many countries have also made
provisions for the right to education in their national constitutions.

While the right to education is universally recognized, the way it is interpreted at the
national level differs substantially. This means that although every human being holds
the same right regardless of any national law, the ways of securing this right vary
greatly from location to location. For example, in some countries the right to
education may be legally enforceable through national legislation, while in others it
will be important to look to international law and standards, (The Right to Education
Project, http://www.right-to-education.org/node/234).

12. What are some salient features of the Enhanced Basic Education Act of 2013?
 Manuel 4

The enhanced basic education program encompasses at least one (1) year of
kindergarten education, six (6) years of elementary education, and six (6) years of
secondary education, in that sequence. Secondary education includes four (4) years
of junior high school and two (2) years of senior high school education.

Kindergarten education shall mean one (1) year of preparatory education for
children at least five (5) years old as a prerequisite for Grade I.

Elementary education refers to the second stage of compulsory basic education

which is composed of six (6) years. The entrant age to this level is typically six (6)
years old.

Secondary education refers to the third stage of compulsory basic education. It

consists of four (4) years of junior high school education and two (2) years of
senior high school education. The entrant age to the junior and senior high school
levels are typically twelve (12) and sixteen (16) years old, respectively.

Basic education shall be delivered in languages understood by the learners as the

language plays a strategic role in shaping the formative years of learners.

For kindergarten and the first three (3) years of elementary education, instruction,
teaching materials and assessment shall be in the regional or native language of the
learners. The Department of Education (DepED) shall formulate a mother language
transition program from Grade 4 to Grade 6 so that Filipino and English shall be
gradually introduced as languages of instruction until such time when these two (2)
languages can become the primary languages of instruction at the secondary level.

13. What is the importance of Kindergarten Education?

Kindergarten education is vital to the academic and technical development of

the Filipino child for it the period when the young mind’s absorptive
capacity for learning is at its sharpest.

14. How does RA 10157, otherwise known as the Kindergarten Education Act
institutionalize the kindergarten education?

The law provides that kindergarten education shall be made mandatory and
compulsory for entrance to Grade 1 for children of at least five years old.

15. What are exceptions to the mother tongue-based multilingual education in the
kindergarten?

. Mother tongue of the learner shall be the primary medium of instruction for
teaching and learning in he kindergarten level, except:

a. when pupils in the kindergarten classroom have different mother tongues or

some speak another mother tongue;

b. when the teacher does not speak the mother tongue of the learners;

c. when resources, in line with the use of the mother tongue, are not yet
available;

d. when teachers are not yet trained how to use the MTB-MLE

16. What is the policy of the state on language as provided in the Constitution?
 Manuel 5

Section 6, Article XIV of the 1987 Constitution provides that the national
language of the Philippines is Filipino. The government shall take steps to
initiate and sustain the use of Filipino as a medium of official communication
and as language of instruction in the educational system.

For purposes of communication and instruction, the official languages of the

Philippines are Filipino and English.

17. What is the concept of mother tongue under the Enhanced Basic Education
Act of 2013?

Mother language or first Language (LI) refers to language or languages first learned
by a child, which he/she identifies with, is identified as a native language user of by
others, which he/she knows best, or uses most. This includes Filipino sign language
used by individuals with pertinent disabilities. The regional or native language
refers to the traditional speech variety or variety of Filipino sign language existing
in a region, area or place

18. Cite some forms of assistance that may be availed by students and teachers in
the private school in accordance with RA 6728, otherwise known as the
Expanded Government Assistance to Students and Teachers in Private Education
Act (EGASTPE).

Assistance to private education shall consist of assistance to students and

assistance to teachers in the form of :

For Students

a. tuition fee supplements for students in private high schools, including students
in vocational and technical courses;

b. High School Textbook Assistance Fund;

c. expansion of Educational Service Contracting (ESC) Scheme;

d. voucher system of Private Education Student Financial Assistance Program

(PESFA);

e. scholarship grants to students graduating as valedictorians and salutatorians

from secondary schools;

f. Education Loan Fund;

For Teachers

a. in-service training fund for teachers in private high schools; and

b. College Faculty Development Fund

19. What is the role of education in nation building?

Education occupies a central place in Philippine political, economic, social and

cultural life and viewed as a pillar of national development and avenue for
social and economic mobility.

20. What are the important goals in education set in the Millennium Development
Goals?
 Manuel 6

Primary of these goals is “education for all,” specifically facilitating access to

primary education and gender equality, that is, “Education and Youth
Opportunity.”

21. Identify some major issues in education and what recommendations do you
propose to address them?

Philippine education is faced with challenges, among these are :

a. high dropout rates;

b. high number of repeaters;
c. low passing grades;
d. lack of particular language skills;
e. failure to adequately respond and address the needs of people with special
needs[
f. overcrowded classrooms;
g. poor teacher performances.

22. What is the rationale for the passage of the law RA 8980, otherwise
known as Early Childhood Care and Development Act?

The law aims to bring about optimum development of children through

convergence of health, nutrition, psychosocial stimulation and early education
programs and services aimed at giving children good health and nutrition,
appropriate early education, love and protection from harm at home, center and
in the school.

23. How will you describe the system Early Children Care and Development
(ECCD)?

The ECCD System refers to the full range of health, nutrition, earl education
and social services programs that provide for the basic holistic needs of young
children from birth to age six (6) to promote their optimum growth and
development.

24. What is the rationale for Alternative Learning System?

The system allow flexible entry of learners in both formal and non-
formal/informal streams of basic education and ensure their upward social
mobility.

25. Distinguish Basic or Simple Literacy from Functional Literacy.

Basic or simple literacy is the ability of a person to read and write with
understanding or simple message in any language or dialect, while Functional
Literacy pertains to the range of skills and competencies- cognitive, affective
and behavioural which enable individuals to:

a. Live and work as human persons;

b. Develop their potential;
c. Make critical and informed decisions;
d. Functions effectively in society within the context of their environment and that
of the wider community (local, regional, national, global)

26. What policies do you recommend to be adopted to shape the future of the world’s
education?
 Manuel 7

The education agenda should be clearly defined, balanced and holistic and take a
lifelong learning approach. It should be rights-based and adopt an equity
perspective, expanding the vision of access to that of access and learning though
the provision of quality education at all levels, taking a holistic and lifelong
learning approach. It should be of universal relevance and mobilize all countries
and stakeholders, regardless of their development status. While the state is the
custodian of education as a public good, the role of civil society, communities,
parents and other stakeholders is crucial in the provision of quality education.

The illiterate of the 21st Century would not be those who could not read
and write, but those who could not learn, unlearn and re-learn.

Alvin Toffler