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LEGAL BASIS OF THE

PHILIPPINE
EDUCATIONAL
SYSTEM
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.
THE 1987 CONSTITUTIONS
Section 2. The state shall:
1. Establish, maintain and support a complete, adequate and integrated system of
education relevant to the needs of the people and society;
2. 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;
3. 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;
4. 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
5. Provide adult citizens, the disabled and out-of-school youth with training in civics,
vocational efficiency and skills.
THE 1987 CONSTITUTIONS
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.
THE 1987 CONSTITUTIONS
Section 4
1. 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.
2. 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.
3. 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.
4. 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.
THE 1987 CONSTITUTIONS
Section 5

1. 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.
2. Academic freedom shall be enjoyed in all institutions of higher learning.
3. Every citizen has a right to select a profession or course of study, subject to fair,
reasonable and equitable admission and academic requirements.
4. 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.
5. 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.
BATAS PAMBANSA BLG. 232
(THE EDUCATION ACT OF 1982)
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.
BATAS PAMBANSA BLG. 232
(THE EDUCATION ACT OF 1982)
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.
BATAS PAMBANSA BLG. 232
(THE EDUCATION ACT OF 1982)
RIGHTS OF STUDENTS IN SCHOOL (Section 9)
1. The right to receive competent instruction, relevant quality education.
2. 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.
3. The right to school guidance and counseling services.
4. The right to access to his owns school records and the confidentiality of it.
5. The right to issuance of official certificates, diplomas, transcript of records, grades, transfer credentials and
similar document within thirty days from request.
6. The right to publish a student newspaper and invite resource persons during symposia, assemblies and
other activities.
7. 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.
8. 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.
9. The right to be free from involuntary contributions except those approved by their organizations and
societies.
BATAS PAMBANSA BLG. 232
(THE EDUCATION ACT OF 1982)
RIGHT OF ALL SCHOOL PERSONNEL (Section 10)
1. Free expression of opinions and suggestions.
2. 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.
3. Establish join, maintain labor organization of their choice to promote their
welfare and defend their interest.
4. To be free from involuntary contributions except those imposed by their own
organizations.
BATAS PAMBANSA BLG. 232
(THE EDUCATION ACT OF 1982)
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.
BATAS PAMBANSA BLG. 232
(THE EDUCATION ACT OF 1982)
RIGHTS OF ADMINISTRATORS (Section 12)
1.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)
BATAS PAMBANSA BLG. 232
(THE EDUCATION ACT OF 1982)
RIGHTS OF SCHOOLS (Section 13)
1. The right of their governing boards…….to adopt
and enforce administrative or management
systems.
2. 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.
BATAS PAMBANSA BLG. 232
(THE EDUCATION ACT OF 1982)
MAINTENANCE OF QUALITY EDUCATION
1. Voluntary Accreditation (Section 29)
2. Teachers and Administrators obligations and
qualification (Sections 176 and 17)
3. Government Financial Assistance to Private Schools
(Section 41)
OTHER LEGAL BASES
(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.
OTHER LEGAL BASES
(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.
OTHER LEGAL BASES
(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.
OTHER LEGAL BASES
(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.
OTHER LEGAL BASES
(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.
OTHER LEGAL BASES
(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.
OTHER LEGAL BASES
(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.
OTHER LEGAL BASES
(Republic Act No. 139 (Repealed by R. A. 8047)
1. Enacted on June 14, 1947, and the Board of
Textbooks.
2. 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.
3. The private schools may use books of their choice,
provided the Board of Textbooks has no objections
with those books.
OTHER LEGAL BASES
(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.
OTHER LEGAL BASES
(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 by 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.
OTHER LEGAL BASES
(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.
OTHER LEGAL BASES
( 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.
OTHER LEGAL BASES
(Republic Act No. 1079)
•Approved on June 15, 1959, it
provided that Civil Service
eligibility shall be permanent
and shall have no time limit.
OTHER LEGAL BASES
(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.
OTHER LEGAL BASES
( Republic Act No. 4670)
It also provided the following:
1. Recruitment qualifications for teachers
2. Code of Professional Conduct for Teachers
3. Teaching hours- 6 hours of classroom teaching (maximum load)
4. Additional compensation- 25% of the regular remuneration
5. Health and injury benefits (thru the GSIS)
6. One year study leave (sabbatical leave) after seven years of continuous
teaching, the teacher should receive 60% of the monthly salary.
7. One range salary increase upon retirement (basis computing the retirement
fee).
8. Freedom to form organizations.
OTHER LEGAL BASES
( Republic Act 7624 )
•An Act Integrating Drug Prevention and
Control in the Intermediate and
Secondary Curricula as well as in the
Non-formal, Informal and Indigenous
Learning Systems and for other
purposes.
OTHER LEGAL BASES
(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.
OTHER LEGAL BASES
( Republic Act 7796 )
•AN ACT CREATING THE TECHNICAL EDUCATION
AND SKILLS DEVELOPMENT AUTHORITY, PROVIDING
FOR ITS POWERS, STRUCTURE AND FOR OTHER
PURPOSES SECTION
Section1. Title. — This Act shall be known as the
“Technical Educational and Skills Development
Act of 1994” or the “TESDA Act of 1994.”
OTHER LEGAL BASES
( Republic Act 7796 )
Section 3: The goal and objectives of this act is to:
a) Promote and strengthen the quality of technical education and skills
development programs to attain international competitiveness.
b) Focus technical education and skills development on meeting the changing
demands for quality middle-level manpower;
c) Encourage critical and creative thinking by disseminating the scientific and
technical knowledge base of middle-level manpower development
programs;
d) Recognize and encourage the complementary roles of public and private
institutions in technical education and skills development and training
systems; and
e) Inculcate desirable values through the development of moral character with
emphasis on work ethic, self-discipline, self-reliance and nationalism.
OTHER LEGAL BASES
( REPUBLIC ACT No. 7722)
• AN ACT PURPOSECREATING THE COMMISSION ON HIGHER EDUCATION,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER S
Section 1. Title. – This Act shall be known as the "Higher Education Act of 1994".
Section 8. Powers and Functions of the Commission. -The Commission shall have the following powers and
functions:
a) formulate and recommend development plans, policies, priorities, and programs on higher education and
research;
b) formulate and recommend development plans, policies, priorities and programs on research;
c) recommend to the executive and legislative branches, priorities and grants on higher education and
research;
d) set minimum standards for programs and institutions of higher learning recommended by panels of experts
in the field and subject to public hearing, and enforce the same;
e) monitor and evaluate the performance of programs and institutions of higher learning for appropriate
incentives as well as the imposition of sanctions such as, but not limited to, diminution or withdrawal of
subsidy, recommendation on the downgrading or withdrawal of accreditation, program termination or
school closure;
f) identify, support and develop potential centers of excellence in program areas needed for the development
of world-class scholarship, nation building and national development;
OTHER LEGAL BASES
( REPUBLIC ACT No. 7722)
Section 8. Powers and Functions of the Commission. -The Commission shall
have the following powers and functions:
g. recommend to the Department of Budget and Management the budgets of
public institutions of higher learning as well as general guidelines for the
use of their income;
h. rationalize programs and institutions of higher learning and set standards,
policies and guidelines for the creation of new ones as well as the
conversion or elevation of schools to institutions of higher learning,
subject to budgetary limitations and the number of institutions of
higher learning in the province or region where creation, conversion or
elevation is sought to be made;
i. develop criteria for allocating additional resources such as research and
program development grants, scholarships, and other similar
programs: Provided, That these shall not detract from the fiscal
autonomy already enjoyed by colleges and universities;
OTHER LEGAL BASES
( REPUBLIC ACT No. 7722)
Section 8. Powers and Functions of the Commission. -The Commission shall have the
following powers and functions:
j. direct or redirect purposive research by institutions of higher learning to meet the
needs of agro-industrialization and development;
k. devise and implement resource development schemes;
l. administer the Higher Education Development Fund, as described in Section 10
hereunder, which will promote the purposes of higher education;
m. review the charters of institutions of higher learning and state universities and
colleges including the chairmanship and membership of their governing bodies
and recommend appropriate measures as basis for necessary action;
n. promulgate such rules and regulations and exercise such other powers and
functions as may be necessary to carry out effectively the purpose and
objectives of this Act; and
o. perform such other functions as may be necessary for its effective operations and
for the continued enhancement, growth or development of higher education.
OTHER LEGAL BASES
( REPUBLIC ACT NO. 9155 )
• AN ACT INSTITUTING A FRAME WORK OF GOVERNANCE FOR BASIC
EDUCATION, ESTABLISHING AUTHORITY AND ACCOUNTABILITY, RENAMING
THE DEPARTMENT OF EDUCATION, CULTURE AND SPORTS AS THE
DEPARTMENT OF EDUCATION, AND FOR OTHER PURPOSES
• Section 1. Short Title. - This Act shall be known as the "Governance of
Basic Education Act of 2001."
OTHER LEGAL BASES
( REPUBLIC ACT NO. 9155 )
Section 3. Purposes and Objectives. - The purposes and objectives of this Act are:
(a) To provide the framework for the governance of basic education which shall set the general directions for
educational policies and standards and establish authority, accountability and responsibility for
achieving higher learning outcomes;
(b) To define the roles and responsibilities of and provide resources to, the field offices which shall implement
educational programs, projects and services in communities they serve;
(c) To make schools and learning centers the most important vehicle for the teaching and learning of national
values and for developing in the Filipino learners love of country and pride in its rich heritage;
(d) To ensure that schools and learning centers receive the kind of focused attention they deserve and that
educational programs, projects and services take into account the interests of all members of the
community;
(e) To enable the schools and learning centers to reflect the values of the community by allowing
teachers/learning facilitators and other staff to have the flexibility to serve the needs of all learners;
(f) To encourage local initiatives for the improvement of schools and learning centers and to provide the means
by which these improvements may be achieved and sustained; and
(g) To establish schools and learning centers as facilities where schoolchildren are able to learn a range of core
competencies prescribed for elementary and high school education programs or where the out-of-
school youth and adult learners are provided alternative learning programs and receive accreditation
for at least the equivalent of a high school education.
OTHER LEGAL BASES
( REPUBLIC ACT NO. 9293 )
Acted on April 21, 2004
• AN ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED SEVENTY-
EIGHT HUNDRED AND THIRTY-SIX (R. A. NO. 7836), OTHERWISE KNOWN AS THE
"PHILIPPINE TEACHERS PROFESSIONALIZATION ACT OF 1994“
(e) A graduate of a school college or university recognized by the government and
possesses the minimum educational qualifications, as follows:
(1) For teachers in preschool, a bachelor's degree in early childhood education
(BECED) or its equivalent;
(2) For teachers in the secondary grades, a bachelor's degree in elementary education
(BSEED) or its equivalent;
(3) For teachers in the secondary grades, a bachelor's degree in education or its
equivalent with a major and minor, or a bachelor degree in arts and sciences
with at least eighteen (18) units in professional education; and
(4) For teachers of vocational and two-year technical courses, a bachelor’s degree in
the field of specialization or its equivalent, with at least eighteen (18) units in
professional education,"
OTHER LEGAL BASES
( REPUBLIC ACT No. 7877 )
•AN ACT DECLARING SEXUAL HARASSMENT
UNLAWFUL IN THE EMPLOYMENT, EDUCATION
OR TRAINING ENVIRONMENT, AND FOR OTHER
PURPOSES.
Section 1. Title. - This Act shall be known as the
"Anti-Sexual Harassment Act of 1995."
OTHER LEGAL BASES
( REPUBLIC ACT No. 7877 )
In an education or training environment, sexual harassment is
committed:
(1) Against one who is under the care, custody or supervision of the
offender;
(2) Against one whose education, training, apprenticeship or
tutorship is entrusted to the offender;
(3) When the sexual favor is made a condition to the giving of a
passing grade, or the granting of honors and scholarships, or
the payment of a stipend, allowance or other benefits,
privileges, or consideration; or
(4) When the sexual advances result in an intimidating, hostile or
offensive environment for the student, trainee or apprentice.
OTHER LEGAL BASES
( REPUBLIC ACT NO. 8980 )
• Enacted on December 05, 2000
• AN ACT PROMULGATING A COMPREHENSIVE POLICY AND A
NATIONAL SYSTEM FOR EARLY CHILDHOOD CARE AND
DEVELOPMENT (ECCD), PROVIDING FUNDS THEREFOR AND
FOR OTHER PURPOSES
Section 1. Short Title. - This Act shall be known as the
"ECCD Act,"
OTHER LEGAL BASES
(REPUBLIC ACT NO. 8980 )
The objectives of the National ECCD System are:
(a) To achieve improved infant and child survival rates by ensuring that adequate health and nutrition
programs are accessible to young children and their mothers from the pre-natal period throughout the
early childhood years;
(b) To enhance the physical, social, emotional, cognitive, psychological, spiritual and language development of
young children;
(c) To enhance the role of parents and other caregivers as the primary caregivers and educators of their
children from birth onwards;
(d) To facilitate a smooth transition from care and education provided at home to community or school-based
setting and to primary school;
(e) To enhance the capabilities of service providers and their supervisors to comply with quality standards for
various ECCD programs;
(f) To enhance and sustain the efforts of communities to promote ECCD programs and ensure that special
support is provided for poor and disadvantaged communities;
(g) To ensure that young children are adequately prepared for the formal learning system and that both public
and private schools are responsive to the developmental needs of these children;
(h) To establish an efficient system for early identification, prevention, referral and intervention for
developmental disorders and disabilities in early childhood; and
(i) To improve the quality standards of public and private ECCD programs through, but not limited to, a
registration and credential system for ECCD service providers.
UNDER THE CONSTITUTION OLD CONSTITUTION

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)