MARY ANN R.

LABAY
Foundation of Education 2
Dr. ASTORGA

LEGAL BASES OF EDUCATION

- The assignment of the ultimate responsibility for the education of the
citizens to the government.

- The government shares in the right and duty of the parents to train
their children to be good, useful and worthy citizens.

- The State requires that all children of proper age attend school.

- Our Constitution provides the legal basis of education in our country.

The main currents of the Philippine Education System are provided in
the Philippine Constitution and the Education Act of 1982.

THE CONSTITUTION OF THE PHILIPPINES

- Provides the nature of the educational system in the Philippines.

- System that is national in scope with public and private schools as

subsystems.

 Article XIV of the 1987 Constitution is on Education, Science

and Technology, Arts, Culture and Sports.

• Section 1 Article XIV of the Constitution ensures the right of

all citizens to quality education at all levels. The State shall
take appropriate steps to make such education accessible to
all.

• Section 2 Article XIV stipulates the following:

A. Complete, Adequate, and Integrated System

B. Free Public Elementary and Secondary

Education

C. Scholarship Grants and Incentives

D. Non-formal, Informal, and Indigenous Learning

Systems
• Section 3 Article XIV states the general curricular provisions.
The curricula 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 duties and rights 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
vocational efficiency and other skills.

- Optional religious instruction shall be allowed to be taught to

children in the public elementary and high school within the
regular class hours by instructors designated by religious
authorities of the religion to which the children or wards
belong, without additional cost to Government.

• Section 4 Article XIV states the complementary roles of Public

and Private Institutions in the educational system and the
exercise of reasonable supervision and regulation of all
educational institution.

- Ownership, Control and Administration of Educational

Institution

• Section 5 Article XIV states the following provisions:

a. Regional and Sectoral Needs – 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.

b. 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.

c. Budgetary Priority – The highest budgetary priority shall

be assigned by the State 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.

• Section 6 Article XIV National Language – the national

language of the Philippines is Filipino and shall be the medium
of communication and language of instruction in the
educational system.

• Section 10 Article XIV Research and Development – The

state shall give priority to research and development,
invention, innovation, and their utilization and to science and
technology education, training and services.

• Section 14 Article XIV Free Artistic and Intellectual

Expression – The State shall foster the preservation,
enrichment, and dynamic evolution of a Filipino culture based
on the principle of unity in a climate of free artistic and
intellectual expression.

• Section 17 and 18 Article XIV – The state shall recognize

respect and protect the rights of indigenous cultural
communities to preserve and develop their cultures, traditions
and institutions.

• Section 19 Article XIV Physical Education – The state shall

promote Physical Education and encourage sports program,
league, competitions and amateur sports, including training
for international competition, to foster discipline, teamwork
and excellence for the development of a healthy and alert
citizenry. All educational institutions shall undertake regular
sports activities throughout the country.

EDUCATION ACT OF 1982

- A blueprint for an educational system through a revision of content and

context, structure and methodology and even processes. It has infused
flexibility and autonomy into the educational system.

- The Act is long-range and comprehensive. It envisions an integrated

educational system that will ensure the harmonious workings of its
various parts, including non-formal education which will complement
and supplement formal education. Life-long education is made an
integral part of the educational system.
- The Act declares that the basic policy (Section 3) of the State is to
establish and maintain a complete, adequate, and integrated system
of education relevant to the goals of national development as follows:

o Achieve and maintain an accelerating rate of economic

development and social progress;

o Assure the maximum participation of all the people in the

attainment and enjoyment of such growth;

o Achieve and strengthen national unity and consciousness and

preserve, develop and promote desirable cultural, moral and
spiritual values in a changing world.

- To attain these national development goals, the following have been

set as objectives of the educational system: (Sec. 4)

o Provide for a broad general education that will assist each

individual in the peculiar ecology of his own society to:

a. Attain his potentials as a human being;

b. Enhance the range and quality of group and individual

participation in the basic functions of society; and

c. Acquire the essential educational foundations of his

development into a productive and versatile citizen.

o Train the nation’s manpower in the middle-level skills required

for national development;

o Develop the professions that will provide leadership for the

nation in the advancement of knowledge for improving the
quality of human life; and

o Respond effectively to changing needs and conditions of the

nation through a system of educational planning and evaluation.

- The Act further states that towards the realization of these objectives
and pursuant to the Constitution, 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.

- The Act also states that the educational system shall reach out to
educationally deprived communities in order to give meaningful reality
to their membership in the national society, to enrich their civic
 participation in the community and national life, and to unify all
Filipinos into a free and just nation.

- Section 5 of the Act states that the State shall aid and support the
natural right and duty of parents in the rearing of the youth through
the educational system.

o Right of Schools- In addition to other rights provided for by

law, institutions of higher learning have granted by the Act (Sec.
13) to determine on academic grounds who shall be admitted to
study, who may teach and what the subjects of the study and
research shall be.

o Maintenance of quality education – The Act has provided

alternatives to maintain quality education. One of them is
voluntary accreditation for those institutions desiring to meet
standards of quality over and above the minimum required for
state-recognition (Sec. 29)

o Free legal assistance to teachers – The Act also guarantees

free legal assistance in the event that teachers are charged with
civil, criminal, or administrative cases for actions committed
directly in the lawful discharge of professional duties.

o Additional compensation to teachers – The Act prohibits the

giving of compulsory assignments not related to teacher duties
as defined in employment contracts without the teachers being
paid additional compensation under existing laws (Sec. 11). It
also prohibits involuntary contributions except those imposed by
their own organizations.

o Government financial support – The Act also specifies

government commitment to extend financial support and
assistance to public and private schools.

OTHER LEGAL BASES

Act No. 74 of the Philippine Commission (January 21, 1901)

- The first and most important Act. This Act laid the foundations of the
Philippine public school system and made English the language of
instruction. It created the Department of Public Instruction and defined
the duties of its head, the General Superintendent of Schools. It also
established the present organization of the public schools into school
divisions and school districts. Section 16 of the Act laid the legal basis
 for optional religious instruction in public schools and set the
limitations on the teachers’ religious activities.

- It also provided the legal basis for the establishment of the Philippine
Normal Schools and Trade School in Manila, and an Agricultural School
in Negros.

Republic Act No. 416 – which was approved in June 18, 1949, converted
the Philippine Normal School in a teachers college which would offer courses
leading to Bachelor of Science in Elementary Education and Master of Arts in
Education. This act also served as the Charter of the College. The Philippine
Normal College since then has been governed by a Board of Trustees which is
responsible directly to the President of the Philippines.

Republic Act No. 7168 – which was approved on December 26, 1991,
converted the Philippine Normal College into a University.

University of the Philippines Act No. 1870 – enacted by the Philippine

Assembly and the Philippine Commission in 1908 founded the University of
the Philippines. The University is governed by a Charter.

Compulsory military training Commonwealth Act No. 1 is the bases of

compulsory military training in the schools.

Six-year elementary course Commonwealth Act No. 586 also known as

the Education Act of 1940 provides the legal basis for the present six-year
elementary course, the double-single session, the school entrance age, and
the national support for elementary education.

Adult Education Commonwealth Act 80 provides the legal basis for adult
education. This law implements the constitutional provision on the citizenship
training of adult citizen.

Presidential Decree No. 1139 created the position of Deputy Minister of

Non-Formal Education with overall responsibility for the non-formal education
program of the Ministry.

Vocational Education Act No. 3377 (Vocational Act of 1927) of the

Philippine Legislature as amended by Act No. 3740 and RA No. 175 (1947)
and other acts, laid the basis for vocational education in the public schools
and made provision for its support.

PRIVATE SCHOOLS

- Act No. 2706 (1917) of the Philippine Legislature, placed the private
schools under the regulation and supervision of the Secretary of Public
Instruction, now Secretary of Education, Culture, and Sports.
 - Implementing regulations of Education Act 1982, specifically MECS
Order No. 84, calls for the recognition of academic programs of each
private school in order to entitle it to give the students who have
completed the course, a certificate, title, or diploma.

- Professionalization of teachers and teaching. Presidential Decree No.

1006, promulgated on September 22, 1976 and made effective on
January 1, 1972, considered teachers as professionals and teaching as
a profession.

- Teaching as used in this Decree refers to the profession primarily

concerned with classroom instruction at the elementary and secondary
levels in both public and private schools. The term teacher refers to all
persons engaged in teaching at the elementary and secondary levels,
whether on full-time or part time basis, including guidance counselors,
school librarians, industrial arts or vocational teachers and all other
persons performing supervisory and/or administrative functions in the
aforesaid school levels.

- Teachers under civil service Commonwealth Act No. 177 placed the
public school teachers under Civil Service rules and regulations with
reference to their examination, appointment, transfer, separation,
leave and reinstatement, thus protecting the teachers’ tenure of office.

- Teachers as persons in authority Commonwealth Act No. 578 confers

the status of persons in authority upon supervisors, principals,
teachers, and professors of public and recognized private schools. This
Act provides as penalty to any person found guilty of assault upon
these teaching personnel imprisonment ranging from six months and
one day to six years and a fine of from P500 to P1,000.

MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS

- Republic Act No. 4670 declared as its policy the promotion and
improvement of the social and economic status of public school
teachers, their living and working conditions, their terms of
employment and their career prospects in order that they may
compare favorably with existing opportunities in other walks of life,
attract and retain in the teaching profession more people with the
proper qualifications.

• Teachers’ Rights and Responsibilities – Teachers who are

unaware of their rights and responsibilities may suffer because
they will be more vulnerable to deprivation of their
constitutionally guaranteed freedom. They will also make more
mistakes that would result in their dismissal or litigation.
• Contracts – Upon appointment, the teachers receive a written
contract for signature. Generally, it commits the teacher to
school rules and regulations.

• Probation, Tenure and Breach of Contract – the length of

probation ranges from one semester. After a period of
satisfactory probation, the teacher is tenured. Tenure provides
job security for teachers by preventing their dismissal without
cause and by requiring that due process be provided in
termination causes.

What constitutes “cause” is determined by law and

usually includes incompetency, immorality and insubordination
or unprofessional conduct. Once tenure has been granted,
teachers no longer sign semestral /yearly contracts. Tenure
guarantees reemployment.

Contracts are binding for both parties (the teachers and

the school). When one side fails to perform as agreed, the
contract is broken, this is referred to as breach of contract.

• Due Process – the dismissal of tenured faculty for legitimate

reasons follows rules established for protecting the rights of
teachers. This procedural due process contains certain
elements.

1. The teacher must be given timely, detailed, written notice of

the charges.

2. The teacher must be accorded a lengthy and sufficient time

to prepare a defense

3. The teacher has the right to be represented by legal counsel.

4. The teacher may present written and oral evidence including

witnesses.

5. The teacher may cross-examine witnesses and challenge

evidence.

6. The teacher should be heard by an impartial body.

7. The teacher has the right to appeal to a higher body.

• Academic Freedom – upholds the teachers’ rights to freely
discuss topics or issues within their field of expertise. In
elementary and secondary education, much of the curricular
content and basic textbook selection is decided by the
Department of Education, Culture, and Sports (DECS). The
classroom teacher’s responsibilities includes the selection of a
teaching method, supplemental materials, assignment of
projects, all within minimum requirements prescribed by law.

• Teacher as Model – In the majority of schools, teachers’ lives

are regulated because the public believes that they should be
examples of high moral standards, impeccable character,
conservative dress and grooming and refined manners. In some
schools, teachers may be dismissed for living with members of
the opposite sex, admitted homosexuality, or sexual
involvement with students. The passage of the Anti-Harrassment
Law in 1995 will protect students from teachers taking
advantage of their vulnerability. Other offenses like telling
obscene jokes, taking prohibited drugs, coming to school drunk,
wearing provocative dresses, wearing a beard and sideburns or
pigtails for males may be a cause for non renewal of
appointment since the behavior in question may seriously impair
the teacher’s classroom effectiveness.

• Tort Liability and Negligence – Teachers are required by law

to protect their students from injury or harm. Torts are civil
wrongs. Under tort law individuals who have suffered because of
the negligence of others may sue for damages. Tort law, though,
is based on reason and does not mean that every time
somebody gets hurt, someone is liable. Injury must be proven to
be caused by negligence.

Educators may be found guilty of negligence where

students are injured in the classroom, on the playground or in
the laboratory because of neglect or lack of forewarning so that
the injury could have been prevented. In cases of field trips and
athletic activities, parents accomplish a waiver but a waiver
does not release teachers from their obligation to protect
students in their case.

• Students’ Rights and Responsibilities – until the 1970’s,

students’ rights were limited by their status as minors and by
the concept of “in loco parentis” where school authorities
 assumed the powers of the child’s parents during the hours the
child was under school supervision. Students are increasingly
becoming aware of their rights, and schools deal with their
demands in varying degrees. The latest bill #4288 (Magna Carta
of Students) covers in detail the rights of students.

• In Loco Parentis – The rights of students are to be protected

while under the supervision of the school. There would be no
corporal punishment and whatever disciplining is needed must
be done with only their best interests in mind.

• Freedom of Expression – Students are entitled to freedom of

expression in so far as these views are consistent with the rules
of the school and will not disrupt school order or transgress the
rights of others.

• The Magna Carta for Students – provides the following:

a. For a fully independent and autonomous student council and

mandates school owners to provide the necessary funds to
sustain their activities;

b. That there should be one student council for each campus

which shall have its own set of officers elected in annual
popular elections and a charter duly ratified;

c. That no student shall be denied admission to any school on

account of his physical handicap, socioeconomic status,
political or religious beliefs or membership in a student
organization;

d. For the participation of students in the tertiary level in the

school’s policy making process.

Related to letter C, the bill protects pregnant students

who are not allowed admission because of their condition. It is
rather odd to see pregnant students in uniform. Also protected
are members of indigenous groups, certified drug users, and
those suffering from AIDS.

• Suspension and Expulsion – Guidelines for suspension and

expulsion are contained in the manual of Regulations for Private
Schools and in School Rules and Regulations. The general
procedure is for a student facing suspension to be told what he
is accused of and what the basis of accusation is, then he must
 be given an opportunity to explain his version of the facts. For
expulsion, due process requirements have to be followed.

• Search and Seizure – Searches usually are conducted because

school authorities suspect that illegal or dangerous items are on
the students. The rise of drug use and fraternity squabbles are
legitimate reasons for search. Searches may be done in school
entrances and generally, students do not mind this especially
when all others are searched. Lockers which are considered
school property may be searched if reasonable cause exists.
Body or strip searches are unconstitutional and should never be
allowed.

• Students’ Records – Parents retain rights of access to their

children’s school records until the child reaches the of eighteen.
The student alone possesses the right to his school records.
Parents or other parties may apply for records only upon the
written authority of the student.

• Board of Textbooks – Republic Act No. 139 provides the basis

for the selection and adoption of textbooks. It created the Board
of Textbooks which selects and approves textbooks for use in
the public schools. The Board does not select textbooks for use
in the private schools. Private schools, however, cannot use any
textbook to which the Board has any objection.

• Bilingual Education – Department Order No. 25 s. 1974

mandates the use of English and Filipino separately as media of
instruction. English Communication Arts, Mathematics and
Science are to be taught in English and the rest of the subjects
are to be taught in Filipino. The implementation begins in Grade
One for Tagalog speaking areas in 1974-1975 and for Non-
Tagalog speaking areas in 1978-1979. By 1981-1982, the shift
of media was to begin in all high schools. No definite time-table
or program for tertiary level institutions was prescribed.

PD NO. 907 GRANTING CIVIL SERVICE ELIGIBILITY TO COLLEGE

HONOR GRADUATES

- The Decree provides that honor graduates from school year 1972-73
from schools, colleges and universities of good standing as determined
by the Secretary of Education and Culture shall be conferred
appropriate civil service eligibilities.
- The term honor graduate refers to those students who finished their
course with at least cum laude honors.

- The Decree took effect upon its approval on March 11, 1976.

• Free Public Secondary Education Act of 1988 – Republic Act

No. 6655 provides for a system of free public secondary education
commencing in School Year 1988-1989. Students enrolled in
secondary course offerings in national and general comprehensive
high schools, state colleges and universities, specialized schools,
trade, technical, vocational, fishery and agricultural schools, and in
schools established, administered, maintained and funded by local
government units, including city, provincial, municipal and
barangay high schools, and those public high schools which may
be established by law, shall be free from payment of tuition and
other school fees. The right of any student to avail of free public
high school shall terminate if he fails for two (2) consecutive school
years in the majority of academic subjects in which he is enrolled
unless such failure is due to some valid cause.

• Selection of Honor Students – DECS Order No. 49, 1992 entitled

“Selection of Honor Students in the Secondary Schools” provides
the guidelines for the selection of honor students. Implementation
of the guidelines started SY 1992-1993 in all public and private
secondary schools.

The designation “valedictorian”, “salutatorian”, and “honorable

mention” shall apply to graduating students in all secondary
schools. There shall be one valedictorian and one salutatorian for
all the graduating classes. In case of a tie between two candidates
both may be declared valedictorians or salutatorians. The number
of students to be declared honorable mention in a school shall be
one percent of the total number of graduating students.

MECS Order No. 44 s. 1983 once more revised the “Revised

Procedure for Determining Honor Pupil in Elementary Grades”.
According to this, the honor pupils graduating from the elementary
schools shall be designated First Honors and Second Honors.
Scholarship and character shall be based on the general average
for the last year only.

• DECS Order No. 37 s. 1994 National Elementary

Assessment Test (NEAT) – a National Assessment Test for all
grade VI elementary pupils will be given every year on the 13 th
 Tuesday following the beginning of the School year. The test
consists of a battery of achievement tests of multiple choice type.

NSAT – A new yet similar test for high school seniors, the
National Secondary Assessment Test or NSAT is scheduled to be
given three days after the NEAT. This replaces the abolished NCEE
but, unlike the NCEE, passing the new NSAT will not be a
prerequisite to entrance to college.

• DECS Order No. 1 s. 1994 School Calendar – The elementary

and secondary school year shall consist of not less than forty-two
(42) calendar weeks, with a minimum of two hundred (200) class
days inclusive of examination days for both public and private
schools.

In addition to regular holidays and special holidays authorized in

Executive Order No. 203 promulgated on June 30, 1987, DECS will
permit the observance by public and private schools of the other
holidays, provided the minimum number of class hours and days
are observed.

• Congressional Commission on Education (Edcom) – To raise

the quality of our educational system, Edcom, Congressional
Commission on Education – a bicameral body – has pushed the
approval of the laws:

RA 5698 created the Legal Education Board to improve the

quality of law schools and arrest the climbing numbers of bar
flunkers.

RA 7686 Institutionalized dual training, allowing students of

vocational and technical education to pursue their studies while at
the same time getting paid for on-the-job-training in private
industries.

RA 7687 established a scholarship program for courses that will

encourage the youth to pursue careers in science and technology.

RA 7722 puts up the Commission of Higher Education (CHED) to

take over from the Department of Education, Culture and Sports.
The task of overseeing tertiary education.

CHED: VISION AND PHILOSOPHY

- Higher Education shall give life to the Philippine goal of (1)

international competitiveness, and (2) people empowerment, along the
lines of quality, efficiency and equity. College and university education
 would have to give freedom to its student and faculty to seek their just
and appropriate contribution towards this end.

- With the full operation of the Commission on Higher Education, the

following are forecast:

1. Formulation and implementation of a Higher Education Master

Plan that would:

a. Produce globally competitive and World class high and

middle level manpower and managers

b. Establish Centers of Excellence in Teaching and Research

c. Match closely manpower to industry requirements

2. Greater industry-academic linkages

3. Increasing role of accreditation

4. Increased emphasis on basic and applied research, including

policy researchers

5. More training to finance quality measures and activities in

higher education institutions

6. Improve and expand scholarship programs and other forms of

financial assistance to disadvantaged sectors of our society

7. More development-orientation than regulation

8. Greater autonomy of institutions.

PHILOSOPHY OF HIGHER EDUCATION

- UNITY, EQUITY and PROGRESS of the Filipino people as a nation.

- As such, higher education must also serve as a vehicle in eradicating

the twin evils of poverty and injustice in Philippine society.

- Towards these ends, higher education shall endeavor to:

1. Inculcate to the students values education and attitudes for

nation building

2. Promote appropriate humanistic, scientific and practical

knowledge.

3. Develop the profession and the technology for national

development
4. Attain high standards of excellence and efficiency.

5. Strengthen academic freedom.