Legal Bases of Philippine Educational System

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)

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 s 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. 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. 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.