Legal Bases of Philippine Education

Objectives:
1. To trace the historical background of Philippine
Education
2. To discuss the existing laws which protects, promotes,
establishes and maintains the integrated system of
quality education
. To enumerate the importance of these laws
Introduction:
Establishment of Colleges and Universities
The panish !egime" !ost of the schools during the "panish
regime were parochial schools established and operated by the
#oman $atholic $hurch. %t was only under the Educational &ecree
of 1'( that a system of education consisting of elementary,
secondary and collegiate le)els were established and the church
schools placed under a system of regulation by the "tate.
The #merican !egime" *hen the +mericans occupied !anila in
1',', the military authorities allowed the continuance of the
religious schools, with the requirement that the teaching of the
English language be included in the curriculum. -n .anuary 21,
1,/1, the second Philippine $ommission passed +ct 0o. 12,
otherwise known as the Education +ct of 1,/1, creating the
&epartment of Public %nstruction to insure the people of the
Philippines a system of free public schools pro)iding for the
organi3ation of a normal and trade school in !anila and an
agricultural school in the island of 0egros.
The $apanese Occupation" &uring the .apanese occupation
our system of education was radically changed to suit the
conqueror4s purposes. Through education, .apan attempted to
eradicate +merica4s influence on 5ilipinos and to mold 5ilipinos
into the 0ew -rder in +sia.
"chools, colleges and uni)ersities were controlled by the
military authorities6 textbooks and supplementary readers were
censored with the word 7-& either erased or co)ered6 the
.apanese language, history and culture were taught as compulsory
sub8ects and English discouraged as a sub8ect while optional
religious instruction suppressed. The basic principle was to
eradicate the ideals and )istages of the western nations,
especially of +merica and 7reat 9ritain and to foster a new
5ilipino culture and membership of the Philippines in East +sia
$o:Prosperity "phere.
The public elementary schools were reopened in the
occupied areas and the pri)ate elementary schools reopened upon
appro)al of the military authorities. "ubsequently opened were
the public secondary schools, the ;ni)ersity of the Philippines,
;ni)ersity of "anto Tomas, $entro Escolar ;ni)ersity, the
Philippine *omen4s ;ni)ersity, !apua %nstitute of Technology and
<ocational "chools. =>aw and Education, +mado $. &i3on?
ome of the Legal Bases of Philippine Education:
The educational system in terms of curriculum,
instruction, structure and organi3ation at any gi)en period of
history is defined by organic laws, acts, and policies crafted
by legal and educational experts as well as national policy
makers. These statutes pro)ide direction and guidance to those
in)ol)ed in the educational system.
The "ection 1, +rticle 12 of the 1,'1 Philippine
$onstitution states that @The "tate shall protect and promote
the right of all citi3ens to quality education at all le)els and
shall take appropriate steps to make such education accessible
to all.@ %n order to achie)e the said goal, the lawmakers
reinforced the $onstitution by crafting laws which will maximi3e
the promotion of quality education in the Philippines. -ne of
these laws which has significant impact on Philippine Education
is the Education +ct of 1,'2. %ts main purpose is to pro)ide the
basic guidelines for the establishment and maintenance of an
integrated system of education rele)ant to the goals of 0ational
de)elopment. =Primer on the Education.?
%#TIO%#L CO&&IIO%
'" &onroe urve( )'*+,- : The work of the commission
became the basis for reforms in administrati)e
organi3ation and super)ision, basic and higher education,
teacher education and training, language instruction,
pri)ate education, finance and education of non:
$hristians. =!artin, 1,'/?
+" .amson urve( )'*,*- : Two important recommendations
of the commission were the restoration of grade 1 and the
pro)ision of higher financing for schools. =!artin, 1,'/?
/" PCPE )'*0*- : Presidential $ommission to "ur)ey
Philippine Education : recommendation of the commission
includeA =1? mismatch between educational priorities and
national de)elopment priorities6 =2? lack of systematic
planning and e)aluation in education became the basis of
ma8or reforms. =9ago, 2//1?
1" E2CO& )'**'- : $ongressional $ommission on Education :
some of the radical changes that came about as a result of
the E&$-! report wereA the creation of the independent
$ommission on Bigher Education =$hEd?, the
professionali3ation of teachers through the creation of
the >icensure Examination for Teachers =>ET?, the clear
definition of career ser)ice paths for teachers and
administrators, the creation of the Technical Education
and "kills &e)elopment +uthority =TE"&+?.
," PCE! )'***- : Presidential $ommission on Educational
#eform : the recommendations of the commission became the
basis for the formulation of a package of policy and
pro8ects known as the Bigher Education &e)elopment Pro8ect
=BE&P?.
pecific 2ecrees3 #cts3 and other La.s Legali4ing Philippine
Education
'" Provisional Constitution of Bia56na6Bato
+rticle C< : The "ecretary of %nterior was to take charge
among other duties with the ad)ancement of public
instruction.
The educational reforms demanded by the leaders of the
propaganda mo)ement includeA
a. Elimination of friar control o)er all or most aspects
of education6
b. "eculari3ation of a uni)ersal system of primary
education6
c. 7reater super)ision and control higher education by the
state6
d. %mplementation of a more modern and progressi)e
educational system patterned after western models.
+" &alolos Constitution )'0** Constitution-
+rticle 2 not only contain instruction regarding the
public schools, it also specifies the manner by which
pri)ate schools may be established in order to pro)ide
more access to education to a greater number of 5ilipinos.
+ll primary education was offered free and compulsory in
all schools in the country as explicitly stated in the
constitution.
Any Filipino may establish and maintain institutions of
learning, in accordance with the laws authorizing them.
Public Education shall be free and obligatory in all
schools of the nation.
/" The '*/, Constitution
+rticle C%< pro)idesA All schools shall aim to develop
moral character, personal discipline, civic conscience,
and vocational efficiency, and to teach the duties of
citizenship.
+rticle C%<, "ec. DA All educational institutions shall be
under the supervision of a subject to regulation by the
state. The government shall establish and maintain a
complete and adeuate system of public education, and
shall provide at least free public primary instruction and
citizenship training to adult citizens...
1" The '*1, Constitution
The .apanese occupied the city of !anila in 1,22.
"ubsequently, the .apanese dissol)ed the 0ational
7o)ernment and replaced it with $entral +dministrati)e
-rgani3ation of the .apanese +rmy. The .apanese created
the &epartment of Education, Bealth, Public *elfare with
$laro !. #ecto as commissioner. The 9ureau of Pri)ate
Education super)ised pri)ate schools and colleges. The six
basic principles of .apanese education in the Philippines
include the following as enumerated by 9ago.
a. To make people understand the position of the
Philippines as a member of the E+"T:+"%+ $- P#-"PE#%TE
"PBE#E.
b. To eradicate the old idea ofthe reliance upon the
western nations especially upon the ;nited "tates and
7reat 9ritain, and to foster a new 5ilipino culture based
on the self:consciousness of the people as -rientals.
c. To endea)or to ele)ate the morals of the people, gi)ing
up the o)er emphasis on materialism.
d. To stri)e for the diffusion of the .apanese language in
the Philippines and to terminate the use of English in due
course.
e. To put importance to the diffussion of elementary
education and the promotion of )ocational education.
f. To inspire the people with the spirit to lo)e labor.
," The '*7/ Constitution
The 1,1 $onstitution pro)ided specific pro)isions on
education in se)eral sections that demonstrate the
important role assigned to education in creating the 0ew
"ociety. "ection ' of +rticle C< pro)ides that All
educational institutions shall be under the supervision of
a subject to regulation by the state. The state shall
establish and maintain a complete, adeuate, and
integrated system of education relevant to the goals of
the national development.
-ther education:related pro)isions are found in section ,
and 11.
8" The 9reedom Constitution of '*08
+rticle C<, "ection ' contained the specific pro)isions on
education. Thus, the educational system during the interim
period was basically the same as the one operating under
the !artial >aw.
7" The !o(al Education 2ecree of '08/
%n an attempt to correct the existing deficiencies in
education, the #oyal Educational &ecree of 1'( was
promulgated. The main ob8ecti)e of the decree was to
establish a system of elementary schools for the country
and to pro)ide training for teachers in order to
broaden as much as possible the teaching of the Boly
$atholic 5aith, of the language of the fatherland, and of
the elementary knowledge of life.
0" Educational #ct of '*:'
%n 1,/1, a few years after the establishment of the
+merican #ule in the country, the Philippine $ommission
passed the first comprehensi)e school law for the
Philippines. The main ob8ecti)e of the Educational +ct of
1,/1, which is also known as Philippine $ommission +ct 0o.
12 and considered as the organic school law of the
Philippines, was to establish a highly centrali3ed
educational system in the country.
*" Educational #ct of '*1:
The Educational +ct of 1,2/ during the $ommonwealth Period
ushered a new era in educational history. The primary aim
of the act was to meet the increasing demand for the
public elementary instruction at the same time comply with
the constitutional mandate on public education.
':" Educational #ct of '*0+
The +ct pro)ides for the establishment and maintainace of
an integrated system of education =both formal and non:
formal? rele)ant to the goals of national go)ernment in
recognition of the right of e)ery indi)idual to ha)e equal
access to rele)ant quality education. The +ct defines the
structure of formal education consisting of elementary,
secondary, and tertiary le)els as well as delineates the
ob8ecti)es of each category.
''" The ;igher Education #ct of '**1
This +ct created the $ommission on Bigher Education =$hEd?
which is independent and separate from &E$".
'+" Technical Education and 5ills 2evelopment #ct of '**1
This +ct =#+ 11,(? which is also known as the TE"&+ +ct of
1,,2, created the Technical Education and "kills
&e)elopment, pro)iding for its powers, structure and for
other purposes. The general aim of this act is to pro)ide
rele)ant, accessible, high quality and efficient technical
education and skills de)elopment in support of the
de)elopment of high quality 5ilipino middle:le)el manpower
responsi)e to, and in accordance withthe Philippine
de)elopment goals and priorities.
'/" ;igher Education &oderni4ation #ct of '**7
-therwise known as the #+ '2,2, this +ct pro)ides the
uniform composition and powers of the go)erning boards of
state uni)ersities and colleges =";$s?, with the chairman
of $hEd as the chair of the go)erning boards of all ";$s.
'1" #n #ct to Lengthen the chool Calendar
;nder this +ct, the school:year shall start on the first
!onday of .une but not later than the last day of +ugust.
%n the implementation of this +ct, the "ecretary of
Education shall determine the end of the regular school:
year, taking into the consideration the $hristmas and
summer )acations, and particular circumstances of each
region. =0olledo, 1,,D?
'," <overnance of Basic Education #ct +::'
This +ct contains pro)isions that are also found in the
educational act 1,'2 regarding the organi3ational
structure of the educational bureaucracy. The important
pro)ision of this +ct is the renaming of the &epartment of
Education, $ulture and "ports =&E$"? to &epartment of
Education =&epEd?.
#ctivit(:
1. +s a teacher, do you think that these e)er:changing
policies in Philippine education beneficial to the system
or notF &efend your answer.
2. *hat do you think is the law which has the biggest
impact on Philippine EducationF Explain your answer.
. 9ehind all these laws the lawmakers crafted for the
Philippine education, we cannot deny that there are still
difficulties in the system... +s a teacher, what do you
think is the law we are missing which the lawmakers should
be crafting for usF
2. 7i)e your reaction about the creation of the G:12
Program.