CONSTITUTI

ON
Presented by:

Ma. Aiza S.P. Santos

Objectives:
At the end of the report, we will be able to:
identify Constitutional provisions that serve
as basis or foundation of Philippine
Educational system; and
cite examples or evidences of implication of
these Constitutional provisions in our current
educational setting.

THE FIRST DUTY OF A

GOVERNMENT IS TO
GIVE EDUCATION TO
THE PEOPLE.
- Simn Bolivar

Education and the State

In a democratic state like the Philippines, it is
essential that the citizens are literate,
socially responsible, useful and law-abiding.
A very significant factor in education in our
country is the assignment of the ultimate
responsibility for the education of the citizens
to the government.

A Glimpse at History

What are the

Constitutional
provisions on
education in the
previous
Constitutions?

Spanish Period
The Malolos Constitution of 1899
Declared that the Philippines was a
free state
Creation of the Council of Government
One the seven Cabinet Positions
created was Public Education
(Art. IX, Sec. 73)

PHILIPPINE CONSTITUTION
OF 1935
Reaffirmed the existence of Public Educational
Department as legal (Art. VII, Sec. 11, Sub-sec. 1)
Provide aid and support to parents in rearing the
youth for civil efficiency (Art. II, Sec. 4)
Exemption from taxation of buildings and
improvements used exclusively for educational
purposes (Art. VI, Sec. 22, Sub-sec. 3)

Philippine Constitution of 1973

Article II, Sections 4-7

Focused on strengthening the family as a social

institution; recognizing the vital role of the youth

in nation-building and promoting their physical,
intellectual, social, moral and spiritual well-being;
and establishing, maintaining and ensuring
adequate social services in education.

Article XV, Sec. 8-11

complete, adequate, and integrated system of

education relevant to the goals of national

development

THE 1987
CONSTITUTION

The Constitution of the Philippines

The Constitution provides what the
nature of educational system in the
Philippines shall be.
The educational system as
envisioned in the Constitution is a
system that is national in scope with
public and private schools as
subsystems.

Constitutional Basis of
Philippine Education
There are three Articles in the Philippine Constitution of
1987 that deals, directly or indirectly, with the educational
system in the Philippines. These are:

Article II- Declared Policies of the State

Article XIV- Education, Science and
Technology, Arts, Culture, and Sports
Article XV- Provisions for the Family
and Filipino Children

ARTICLE II,
SECTIONS 11, 12, 13,and 17
The State declares that:
1. it values the dignity of every human
person and
guarantees full respect for
human rights;
2. it shall strengthen the family as a basic,
selfgoverning social unit and protect the
life of the
mother and the life of the
unborn from conception;
3. it shall provide support to parents in the

ARTICLE II,
SECTIONS 11, 12, 13,and 17
The State declares that: (cont.)
4. it recognizes the vital role of the youth in
the
country's development;
5. it shall promote and protect the physical,
moral,
spiritual, intellectual and social wellbeing of the
youth;
6. it makes education, science and
technology, arts,
culture and sports a
priority of the State.

With these declared

policies, the State is
mandated to provide
a system of
education for the
Filipino children and
the youth.

What kind of
education is
envisioned in the
Constitution?

The kind of education that is envisioned

in the Constitution is "quality education," a
"complete, adequate, and integrated
system of education relevant to the needs
of the people and society," and the State
must ensure that all citizens can access
this envisioned system of education.

To achieve these goals, the Constitution

provides the following legal bases under

ARTICLE XIV
EDUCATION, SCIENCE AND
TECHNOLOGY, ARTS,
CULTURE AND SPORTS

ARTICLE XIV EDUCATION, SCIENCE AND TECHNOLOGY, ARTS,

CULTURE AND SPORTS

Section 1
The State shall protect and
promote the right of all citizens to
quality education at all levels, and
shall take appropriate steps to
make such education accessible to
all.

Section 2 stipulates the

following:

Complete, adequate, and integrated system of

education relevant to the needs of the society (2.1)
Free public education in the elementary and high
school without limiting the natural right and duty of
the parents to rear their children for civic efficiency
and development of moral
character. Elementary education
is compulsory for all children
of school age. (2.2)

Section 2 stipulates the following:

(cont.)
Scholarship grants, loans, subsidies and other
incentives
to deserving students in both
private and public schools. (2.3);
Non-formal, formal, and indigenous learning
systems as well as self-learning, independent,
and out-of-school study programs, especially
those that respond to community needs
(2.4); and
Civic, vocational and other skills training for
adults, disabled citizens, and out- of -school

Section 3- General Curricular Provision

All educational institutions shall include the study

of the Constitution as part of the curricula (3.1).

Patriotism

Inculcation
Nationalism
Love of humanity
Respect of human rights
ppreciation of the role of the national heroes
Strengthen ethical and spiritual values
Moral character and personal discipline
Critical and creative thinking
Scientific and technological knowledge
Vocational efficiency

of values (3.2).

Section 3- General Curricular Provision

Optional religious
instruction in
public schools
(3.3)

Section 4- Supervision and Regulation

of Schools

The State recognizes the complementary roles of

public and private institutions in the educational
system and shall exercise reasonable supervision
and regulation of all educational institutions (4.1).
Educational institutions, other than those
established by religious groups and mission
boards, shall be owned solely by citizens of the
Philippines or corporations or associations of which
at least sixty percent of the capital is owned by
such citizen (4.2a)

Section 4- Supervision and Regulation

of Schools

The control and administration of educational

institutions shall be vested in citizens of the
Philippines. (4.2b)
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. (4.2c)

Section 4- Supervision and Regulation

of Schools

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. 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. (4.3)
Subject to conditions prescribed by law, all grants
endowments, donations or contributions used

Section 5 states the following provisions:

Take into account regional and sectoral needs and conditions;
encourage local planning in the development of educational
policies and programs. (5.1)
Academic freedom shall be enjoyed in all institutions of higher
learning. (5.2)
Every citizen has a right to select a profession or course of
study, subject to fair, reasonable and equitable admission and
academic requirements. (5.3)

Section 5 states the following provisions:

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.

LANGUAGE (Sec. 6-9)

Filipino

is the national language of the state and

subject to provisions of law and as the Congress may
deem appropriate, the Government shall take steps to
initiate and sustain the use of Filipino as the medium
of communication and language of instruction in the
educational system (Sec. 6).
For purposes of communication and instruction, the
official languages of the Philippines are Filipino, and,
until otherwise provided by law, English;
Regional languages are auxiliary official languages
and shall serve as auxiliary media of instruction
therein. (Sec. 7)

SCIENCE AND TECHNOLOGY

The State shall give priority to research and development,
invention, innovation, and their utilization; and to science and
technology education, training, and services. It shall support
indigenous, appropriate, and self-reliant scientific and
technological capabilities, and their application to the countrys
productive systems and national life. (Sec. 10)

Scholarships, grants-in-aid, or other

forms of incentives shall be provided
to deserving science students,
researchers, scientists, inventors,
technologists, and specially gifted
citizens. (Sec. 11)

SCIENCE AND TECHNOLOGY

The State shall protect and secure the exclusive
rights of scientists, inventors, artists, and other gifted
citizens to their intellectual property and creations,
particularly when beneficial to the people, for such
period as may be provided by law. (Sec. 13)

ARTS AND CULTURE

preserve and enrich the Filipino national culture based
on the principles of unity in diversity and free
expression; (Sec. 14)
designates the State as patron of the arts and letters.
The State shall conserve, promote, and popularize the
nations historical and cultural heritage and resources,
as well as artistic creations; (Sec. 15)
Protect the countrys artistic and historic wealth (Sec.
16)
protect the rights of indigenous cultural communities
and to use these rights as inputs for national plans and

SPORTS (Sec. 19)

promote physical education and sports programs in
order to instill self-discipline and foster teamwork and
excellence for the development of a healthy and alert
citizenry. (Sec. 19.1)
All educational institutions shall undertake regular
sports activities throughout the country in cooperation
with athletic clubs and other sectors. (Sec. 19.2)

Article XV - Provisions for the Family and Filipino Children

In addition to all of these, the State is also
mandated to protect and defend the "right of children
to assistance, including proper care and nutrition, and
special protection from all forms of neglect, abuse,
cruelty, exploitation, and other conditions prejudicial
to their development" as well as the "right of families
or family associations to participate in the planning
and implementation of policies and programs that
affect them
(Article XV, Section 3, Sub-sections 3 and 4).

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