Some Legal Bases of Philippine Education

Some Legal Bases of Philippine Education

EDUCATIONAL DECREE OF 1863: The decree provided for the establishment of primary school
for boys and girls in each town of the country.

ACT NO. 74 OF 1901: Enacted into law by the Philippine Commission, the Act created the
Department of Public Instruction, laid the foundations of the public school system in the
Philippines, provided for the establishment of the Philippine Normal School in Manila and made
English as the medium of instruction. (In 1949, the Philippine Normal School was made a
teachers' college by virtue of RA 416 and, in 1991, it became a full-pledge university by virtue
of RA 7168.)

ACT NO. 1870 OF 1908: The law served as the legal basis for the creation of the University of
the Philippines.

VOCATIONAL ACT OF1927: Also known as Act No. 3377, the Vocational Act as amended by
other acts laid the foundations of vocational education in public schools and made provisions
for its support.

EDUCATION ACT OF 1940: Also known as Commonwealth Act No. 586, the Education Act laid
the foundations for the present six-year elementary course and made provisions for its
support.

REORGANIZATION ACT OF 1947: The Act placed public and private schools under the
supervision and control of the Bureau of Public and Private Schools.

REPUBLIC ACT 5250 OF 1966: The Act provided the legal basis for the implementation of a ten-
year teacher education program in special education.

DEPARTMENT OF EDUCATION, CULTURE AND SPORTS (DECS) ORDER NO. 25 OF 1974:

Popularly known as the Bilingual Education Program of 1974, the Order required the use of
English as medium of instruction for science and mathematics subjects and the use of Filipino
as medium of instruction for all other subjects in the elementary and high school levels.

PRESIDENTIAL DECREE NO. 1006 OF 1976: The Decree was a legal and formal recognition of
teachers as professionals and teaching as a profession.

REPUBLIC ACT NO. 5698: The Act created the Legal Education Board whose task was to
regulate and improve the quality of law schools in the Philippines in order to stop the
increasing number of examinees who fail to pass the bar examinations given every year.

REPUBLIC ACT 6655 OF 1988: Popularly known as the Free Public Secondary Education Act of
1988, the Act created a system of free education in public high schools.

DEPARTMENT OF EDUCATION, CULTURE AND SPORTS (DECS) ORDER NO. 49 OF 1992: This
Order serves as the guideline for the selection of honor students in all public and private high
schools. All these schools were required to choose one (1) "valedictorian" and one (1)
"salutatorian," and to set the limit of the number of "honorable mention" to one percent of the
graduating students. The "eligibility requirements" for becoming an honor student are the
following: 1) No grade below 80 in any subject and no failing grade in any subject in the first
two curriculum years; 2) Completed third and fourth year studies in the same secondary
school; 3) Completed the high school curriculum within the prescribed year; 4) Active
membership in two clubs during the third and fourth years in high school; and 5) Conformed
to school rules and policies.

DEPARTMENT OF EDUCATION, CULTURE AND SPORTS (DECS) ORDER NO. 1 OF 1994: This
Order increased the number of school days to 200 days (42 calendar weeks) inclusive of
examination days for public and private schools. (This department order is similar to RA 7791
which increased the number of school days from 185 to 200 days.

DEPARTMENT OF EDUCATION, CULTURE AND SPORTS (DECS) ORDER NO. 37 OF 1994: The
Order required all grade VI elementary students to take the National Elementary Assessment
Test (NEAT) that is given on the 13th Tuesday following the opening of the school year. The
assessment test consists of a battery of tests of the multiple choice type. There are four
subject areas: English, mathematics, science and heograpiya/kasaysayan/sibika
(geography/history/civics).

DEPARTMENT OF EDUCATION, CULTURE AND SPORTS (DECS) ORDER NO. 38 OF 1994: The
Order required all senior high school students to take the National Secondary Assessment Test
(NSAT) that is given on the 13th Friday following the opening of the school year, or three days
after the NEAT has been given. The assessment test consists of a battery of tests and there are
four subject areas: English and Filipino proficiencies, mathematics, vocational aptitude and
science & technology. (The test is not a requirement for college admission.)

REPUBLIC ACT NO. 7731: The Act abolished the National College Entrance Examinations or
NCEE to give the marginalized students a greater chance to gain access to college education.

REPUBLIC ACT NO. 7722: Also known as the Higher Education Act of 1994, the Act created the
Commission on Higher Education (CHED) whose main task is to regulate and develop tertiary
education in the Philippines.

REPUBLIC ACT NO. 7796: Also known as the Technical Education and Skills Development Act
(TESDA) of 1994, the Act's objective was to provide relevant and quality technical education
that is accessible to all and to create the agency that will manage technical education and
skills development in the Philippines.

REPUBLIC ACT NO. 7836 OF 1994: Known as the Philippine Teachers Professionalization Act
of 1994, the Act made it mandatory for people pursuing a career in teaching to take the
licensure examinations that are administered and regulated by the Professional Regulatory
Commission.

DEPARTMENT OF EDUCATION (DEPED) ORDER NO. 34 OF 2001: The Order required all public
elementary and high school students to read at least one book in the vernacular and one book
in English per year before they can be promoted to the next higher level.
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:

1. To achieve and maintain an accelerating rate of economic development and

social progress.

2. To assure the maximum participation of all the people in the attain ment and
enjoyment of the benefits of such growth; and

3. 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)
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.

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.
SPECIAL RIGHTS AND/OR PRIVILEGES
OF TEACHING OR ACADEMIC STAFF
(SECTION 11)
1. 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)

2. Right to intellectual property………

3. 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)

4. Teachers shall be given opportunity to choose career alternatives for

advancements.

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)

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.

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

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. COMMONWE ALTH AC T 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. COMMONWE ALTH AC T NO. 578

Enacted on June 8, 1940, conferred the status of “persons in authority” upo n 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. COMMONWE ALTH AC T NO. 586 (REPE ALED

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 ch ildren 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. COMMONWE ALTH AC T 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 (REPE ALED 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 an d career
prospects.

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.

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.