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THE 1973

CONSTITUTION

Presented by:
PETER S. SANTOS
The Constitution
Black’s Law Dictionary defines a
Constitution as :
“The fundamental and organic law of a
nation or state that establishes the
institutions and apparatus of
government, defines the scope of
governmental sovereign powers, and
guarantees individual civil rights and civil
liberties.”
The Constitution
A constitution is that written instrument
by which the fundamental powers of a
government are established, limited, and
defined, and by which those powers are
distributed among the several
departments for their safe and useful
exercise for the benefit of the body
politics.
Considered as the highest primary
authority.
THE CONSTITUTION OF THE NEW SOCIETY

1973 Constitution of the


Republic of the Philippines
Historical Background of
1973 Constitution of the Republic of the Philippines

On January 17, 1973,


President Marcos ratified
the 1973 Constitution by
Proclamation 1102.
Historical Background of
1973 Constitution of the Republic of the Philippines

The 1973 Constitution, promulgated


after Marcos' declaration of martial
law, was supposed to introduce a
parliamentary-style government.
Legislative power was vested in a
National Assembly whose members
were elected for six-year terms.
Historical Background of
1973 Constitution of the Republic of the Philippines

The President was ideally supposed to


be elected as the symbolic and purely
ceremonial head of state from the
Members of the National Assembly for
a six-year term and could be re-
elected to an unlimited number of
terms. Upon election, the President
ceased to be a member of the National
Assembly.
Historical Background of
1973 Constitution of the Republic of the Philippines
During his term, the President was not allowed to be a
member of a political party or hold any other office.
Executive power was meant to be exercised by the Prime
Minister who was also elected from the Members of the
National Assembly. The Prime Minister was the head of
government and Commander-in-Chief of the armed
forces. This constitution was subsequently amended
four times (arguably five depending on how one
considers Proclamation No. 3 of 1986).
Historical Background of
1973 Constitution of the Republic of the Philippines

Preamble
We, the sovereign Filipino people, imploring the
aid of Divine Providence, in order to establish a
government that shall embody our ideals, promote
the general welfare, conserve and develop the
patrimony of our Nation, and secure to ourselves
and our posterity the blessings of democracy
under a regime of justice, peace, liberty, and
equality, do ordain and promulgate this
Constitution.
The fundamental aims of education in the
1973 Constitution are:
Based on
ARTICLE XV GENERAL PROVISIONS
Section 8. Paragraph 4.  To foster love of country;
 To teach the duties of
citizenship; and
 To develop moral
character, self-discipline,
and scientific,
technological and
Pinoy School Children
vocational efficiency.
The 1973 Constitution
 The Philippine Constitution of 1973
contained a good number of provisions on
education. Most of these provisions were
stated in Article XV on General Provisions
but some provisions were placed in Article
II which was the "Declaration of Principles
and State Policies."
ARTICLE II DECLARATION OF PRINCIPLES AND STATE
POLICIES
The State shall strengthen the
family as a basic social institution. The
natural right and duty of parents in the
rearing of the youth for civic efficiency
and the development of moral character
shall receive the aid and support of the
government.
ARTICLE II DECLARATION OF PRINCIPLES AND STATE
POLICIES

The State recognizes


the vital role of the youth in
nation-building and shall promote
their physical, intellectual and
social well-being.
ARTICLE II DECLARATION OF PRINCIPLES AND STATE
POLICIES
The State shall establish,
maintain, and ensure adequate social
services in the field of education,
health, housing, employment, welfare,
and social security to guarantee the
enjoyment of the people of a decent
standard of living.
The 1973 Constitution
 Article XV (General Provisions) contained
the envisioned system of Philippine
education, which was "a complete,
adequate, and integrated system of
education relevant to the goals of national
development."
ARTICLE XV GENERAL PROVISIONS
Section 8

1. All educational institutions shall be under


the supervision of and subject to
regulation by the State. The State shall
establish and maintain a complete,
adequate, and integrated system of
education relevant to goals of national
development.
Governance of Government and
Non-government Educational Institutions (1973)
State Supervision and Control of Schools – Minister of
Education Culture and Sports (MECS)
Reorganization Plan of 1972
 Bureau of Elementary Education
 Bureau of Secondary Education
Bureau Of Technical And Vocational Education
 Bureau of Higher Education
 Bureau of Continuing Education
ARTICLE XV GENERAL PROVISIONS
Section 8

2. All institutions of higher learning


shall enjoy academic freedom.

3. The study of the Constitution shall


be part of the curricula in all
schools.
ARTICLE XV GENERAL PROVISIONS
Section 8

4. All educational institutions shall aim


to inculcate love of country, teach the
duties of citizenship, and develop
moral character, personal discipline,
and scientific, technological, and
vocational efficiency.
ARTICLE XV GENERAL PROVISIONS
Section 8

5. The State shall maintain a system of


free public elementary education and,
in areas where finances permit,
establish and maintain a system of
free public education at least up to
the secondary level.
ARTICLE XV GENERAL PROVISIONS
Section 8

6. The State shall provide citizenship and


vocational training to adult citizens
and out-of-school youth, and create
and maintain scholarships for poor
and deserving students.
ARTICLE XV GENERAL PROVISIONS
Section 8
7. Educational institutions, other than those
established by religious orders, mission boards,
and charitable organizations, shall be owned
solely by citizens of the Philippines, or
corporations or associations sixty per centum of
the capital of which is owned by such citizens.
The control and administration of educational
institutions shall be vested in citizens of the
Philippines.
ARTICLE XV GENERAL PROVISIONS
Section 8

No education institution shall be established


exclusively for aliens, and no group of aliens shall
comprise more than one-third of the enrollment of
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 resident.
ARTICLE XV GENERAL PROVISIONS
Section 8

8. At the option expressed in writing by


the parents or guardians, and without
cost to them and the government,
religion shall be taught to their
children or wards in public elementary
and high schools as may be provided
by law.
ARTICLE XV GENERAL PROVISIONS
Section 9

1. The State shall promote scientific research


and invention. The advancement of science
and technology shall have priority in the
national development.
2. Filipino culture shall be preserved and
developed for national identity. Arts and
letters shall be under the patronage of the
State.
ARTICLE XV GENERAL PROVISIONS
Section 9

3. The exclusive right to inventions,


writings and artistic creations shall be
secured to inventors authors, and artists
for a limited period. Scholarships,
grants-in-aid, or other forms of
incentives shall be provided for specially
gifted citizens.
ARTICLE XV GENERAL PROVISIONS
Section 11

The State shall consider the customs


traditions, beliefs, and interests of
national cultural communities in the
formulation and implementation of state
policies.
To sum up…
The Philippine Constitution of 1973
(Article XV, Sections 8-11):
1. mandated the State to regulate all
educational institutions;
2. granted academic freedom to all
institutions of higher learning;
3. required the study of the Constitution
in all schools;
To sum up…
4. mandated the State to maintain a
system of free public elementary
education;
5. provide citizenship and vocational
training to adult citizens and out-of-
school youth;
6. establish and maintain a system of
scholarship to poor and deserving
students;
To sum up…
7. mandated the State to promote
scientific research and invention and to
give priority to science and technology;
8. made it essential to preserve and
develop the Filipino culture for national
identity;
9. designated the State as patron of the
arts and letters;
To sum up…
10. ensured the protection of the rights of
investors, authors and artists to their
inventions writings and artistic
creations;
11. mandated the State to provide
scholarships, grants-in-aid or other
forms of incentive to specially gifted
children; and
To sum up…

12. mandated the State to take into


account the customs, traditions,
beliefs and interests of cultural
communities in the formulation and
implementation of state policies.
In Addition..
Bilingual Education Policy required the
use of English and Filipino as media of
instruction in specific learning areas.
Some educational programs initiated were:

• Project Impact (Instructional


Management by Parents, Community, and
Teachers),
• In School-Off School Approach (ISOSA),
• Continuous Progression Scheme (CPS),
• Program for a Decentralized Educational
Development (PRODED)
In Addition..
Department of Education, Culture, and
Sports (DECS) required Grade VI pupils
to take the National Elementary
Achievement Test (NEAT) and Fourth
year students to take the National
Secondary Achievement Test (NSAT).
In Addition..
• Tertiary honor students are granted
civil service eligibility pursuant to
Department Order No. 25 s. 1974.

• Professional Board Examination for


Teachers (PBET) provides teachers
license to teach.
In Addition..
• Presidential Decree No. 232 entitled
“An Act Providing for the
Establishment and Maintenance of an
Integrated System of Education” aims
to provide for maintenance of quality
education in the country
On Academic Freedom
1973 Constitution
ARTICLE XV General Provisions
Section 8, Paragraph (2)

“All institutions of higher learning


shall enjoy academic freedom.”
Academic Freedom
Academic freedom is the belief that the freedom of
inquiry by students and faculty members is essential to
the mission of the academy, and that scholars should
have freedom to teach or communicate ideas or facts
(including those that are inconvenient to external
political groups or to authorities) without being targeted
for repression, job loss, or imprisonment.
Academic freedom protects a collective interest: the
free pursuit of knowledge by all members of the
academe.
Types of Academic Freedom
INDIVIDUAL ACADEMIC FREEDOM
The freedom of the teacher or research worker in higher
institutions of learning to investigate and discuss the problems of
his science and to express his conclusions, whether through
publication or in the instruction of students, without interference
from political or ecclesiastical authority, or from the
administrative officials of the institution in which he is employed
or contrary to professional ethics, unless his methods are found
by a qualified body of his own profession to be clearly
incompetent or contrary to professional ethics.
Types of Academic Freedom
INSTITUTIONAL ACADEMIC FREEDOM

The right of a school or college, as an institution of


higher learning, to decide for itself its aims and
objectives and how best to attain them, free from
outside coercion or interference save possibly when
overriding public welfare calls for some restraint,
and with a wide sphere of autonomy certainly
extending to the choice of students.
Individual Academic Freedom

a) The teacher is entitled to full freedom in


research and in the publication of results, subject
to the adequate performance of his other
academic duties...
b) The teacher is entitled to freedom in the
classroom in discussion his subject, but he should
be careful not to introduce into his teaching
controversial matter which has no relation to his
subject.
Individual Academic Freedom
c) The College or University teacher is a citizen, a
member of a learned profession, and an officer in an
educational institution. When he speaks or writes as a
citizen, he should be free from institutional censorship
or discipline, but his special position in the community
imposes special obligations. obligations.
As a man of learning and an educational officer, he
should remember that the public may judge his
profession and his institution by his utterances.
Institutional Academic Freedom
1. Who may teach
discretion in the appointment of academic personnel in
accordance with its standards of competence and probity
a prerogative that is almost absolute, limited only by existing
laws against discrimination
2) What and (3) How to Teach
the institutional right “to decide for itself its aims and
objectives and how best to attain them, free from outside
coercion or interference save possibly when the overriding public
welfare calls for some restraint, and with a wide sphere of
autonomy certainly extending to the choice of students.”
Institutional Academic Freedom

4) Who may study


- prerogative to determine through its own set of
rules who could be allowed the opportunity to
study admission rules may vary depending on
whether institutions of higher learning are private
or public institutions right to promulgate or set
academic standards for students’ observance,
again subject to the existing law and
jurisprudence.