LET Reviewer: Bases of the Philippine Educational System
Here are the bases of the Philippine Educational System. The texts below are the articles, section, and the republic acts under the Philippine Constitution.
MAJOR LEGAL BASES
The Philippine Constitutions
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)
2. 1973 CONST. Article XV Section 8 (1-8)
3. 1987 CONST. Article XIV Sections 1-5(5)
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.
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 a 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.
Section 3.
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.
3.
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.
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.
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.
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.
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. Republic 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. Republic 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 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 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.
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