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LEGAL BASES OF EDUCATION IN THE PHILIPPINES

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LEYTE NORMAL UNIVERSITY
OFFICE OF THE GRADUATE SCHOOL
Tacloban City
MS. VIRLYNNE CAMULTE
MAED-EDM
MS. LEAH CENTINAJE
MAT-NAT-SCIE
MR. EUGENIO S. CLAMOSA JR.
MAT- FIL
LEYTE NORMAL UNIVERSITY
OFFICE OF THE GRADUATE SCHOOL
Tacloban City
EUGENIO S. CLAMOSA JR.
Master of Arts in Teaching
Filipino
a. Differentiate the major and minor legal bases
of education in the Philippines,
b. Understand the significance of the legal bases of
education in the teaching - learning process.
1.What are the major legal bases of education in
the Philippines?
2.What are the minor legal bases of education in
the Philippines?
3.Why is it important to understand the legal
bases of education in the Philippines?
Cambridge Dictionary - connected or allowed by the law.
Merriam Webster - recognized or made effective by a court of
law as distinguished from a court of equity
Merriam Webster - the field of study that deals mainly
with methods of teaching and learning in schools.
MAJOR LEGAL BASES OF EDUCATION IN THE
PHILIPPINES
The Philippine Constitutions
1. 1935 CONST. Article XIV Section 5
2. 1973 CONST. Article XV Section 8
3. 1987 CONST. Article XIV Sections 1-5(5)
1935 CONST. Article XIV Section 5
All educational institutions shall be under the supervision
of and subject to regulation by the State. The Government shall
establish and maintain a complete and adequate system of
public education, and shall provide at least free public primary
instruction, and citizenship training to adult citizens.
1935 CONST. Article XIV Section 5
All schools shall aim to develop moral character, personal
discipline, civic conscience, and vocational efficiency, and to
teach the duties of citizenship. Optional religious instruction
shall be maintained in the public schools as now authorized by
law. Universities established by the State shall enjoy academic
freedom. The State shall create scholarships in arts, science,
and letters for specially gifted citizens.
https://www.officialgazette.gov.ph/1936/10/01/message-of-president-quezon-on-primary-instruction-and-adult-education-october-11936/#:~:text=Section%205%2C%20Article%20XIII%20of,of%20the%20fact%20that%20elementary
1973 CONST. Article XV Section 8
No law shall be made respecting an establishment of
religion, or prohibiting the free exercise thereof. The free
exercise and enjoyment of religious profession and worship,
without discrimination or preference, shall forever be allowed.
No religious test shall be required for the exercise of civil or
political rights.
Connected to: Act to Enforce the Constitutional Righ to the Free Exercise of Religion
MAJOR LEGAL BASES
OF EDUCATION IN PHILIPPINES
1987 CONST. Article XIV Section 1-5
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.
1935 CONST. Article XIV
Section 5
The Government shall
provide at least free
public primary
instruction, and
citizenship training to
adult citizens.
1987 CONST. Article XIV
Section 1
right of all the
citizens to quality
education at all
levels
1987 CONST. Article XIV Section 1-5
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;
1987 CONST. Article XIV Section 1-5
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 outof-school study programs particularly those that respond to
community needs; and
1987 CONST. Article XIV Section 1-5
5.Provide adult citizens, the disabled and out-of-school
youth with training in civics, vocational efficiency and skills.
1987 CONST. Article XIV Section 1-5
1.All educational institutions shall include the study of the
Constitution as part of the curricula.
2.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.
1987 CONST. Article XIV Section 1-5
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.
1987 CONST. Article XIV Section 1-5
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.
1987 CONST. Article XIV Section 1-5
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.
1987 CONST. Article XIV Section 1-5
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.
1987 CONST. Article XIV Section 1-5
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.
1987 CONST. Article XIV Section 1-5
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.
MAJOR LEGAL BASES
OF EDUCATION IN PHILIPPINES
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 attainment 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.
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. 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.
5. 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.
6. 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.
7. 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.
8. Republic Act No. 139 (Repealed 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 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.
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 and 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.
Directions: Answer the questions below and be ready to share your
answers in class.
1.Why is one’s philosophy of education said to be one’s “window” to the
world or “compass” in life?
2.Do good; avoid evil” is the foundational moral principle. List at least 5
good things that you have to do as a teacher and 5 evil things you have to
avoid doing.
3.Can one be a glocal teacher, without teaching abroad? Share your
insight.
4.Reflect on the statement: “As a glocal teacher, act locally but think
globally.”
5.What is the difference between Major and Minor legal bases of
education in the Philippines?
6.Are the legal bases of education in the Philippines is being implemented
appropriately?
7.What is your role as Teacher in the implementation of the legal bases of
education?
8.Is your role significant in the implementation? Explain your answer and
state evidences. What is the significance of the legal bases of education
in the Philippines to the teaching and learning process?
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