Republic of the Philippines

PALOMPON INSTITUTE OF TECHNOLOGY

Palompon, Leyte

COLLEGE OF GRADUATE STUDIES

COURSE MODULE
1st Sem.2020-2021

Course: EM 502
Topic: Sources of Educational Laws
Course Developer: Dr. Allen T. Arpon

I. Learning Outcome

At the end of the lesson, the students are expected to the following:
1. Identify the different sources of educational laws; and
2. Explain the different sources of educational laws.

II. Development of the Lesson

Activity
“Every official act must be based upon and conform to the
authority of a valid law, lacking which the act must be rejected.” - Late Retired
Justice Isagani A. Cruz

Analysis
Why is that so?

Abstraction
There are many sources of educational laws. The most
common sources are discussed hereunder:

1. The Constitution. The foremost or fundamental legal basis of

education in the Philippines is the Philippine Constitution. Being
the Fundamental Charter, it is the fundamental source of
educational laws. All other sources of educational laws are of a
lower category; hence, their provisions should not in any way
contravene any of the provisions of the Constitution. Otherwise,
 these may be questioned and consequently declared by the
courts as unconstitutional.

2.Statutes. Next to the Constitution are statutes. A statute, as

explained by the Philippine Legal Encyclopedia, is a law duly passed
by a legislature. It is an act of the legislative power. It is the written
will of the legislature, solemnly expressed according to the forms
necessary to constitute it as the law of the state.

3. Ordinances. From time to time, the legislative of local government

units, such as the provinces, cities, and municipalities, pass
ordinances which are of application only in their respective
jurisdiction, which may be educational in nature and substance.
Ordinances are the official legislative acts of local legislative bodies.
These local legislative bodies are known as the Sangguniang
Panlungsod (City Council) for cities, Sangguniang Panlalawigan
(Provincial Board) for provinces, Sangguniang Bayan (Municipal
Council) for Municipalities and Sangguniang Barangay (Barangay
Council) for barangays. The provisions of an ordinance must not be
violative of any provision of a statute or the Constitution.

4. Resolutions. As distinguished from ordinances which provide for a

penalty in case of violations thereof, a resolution is simply a formal
written expression of the collective sentiments of the members of an
organization, which may be a national or local legislative body or any
other formal organization. The Black’s Law Dictionary defines a
resolution as a formal expression of the opinion or will of an official
body or a public assembly, adopted by vote as a legislative
resolution.

5. Supreme Court Decisions. Supreme Court decisions such as those

in cases involving issues pertinent to education are also sources of
educational laws. Supreme Court decisions are stare decisis,
meaning, “to stand by that which was decided”, and are therefore
jurisprudence. These are considered as part of the law of the land.
For as long as the Supreme Court does not reverse itself in a more
 recent case, no contradictory decision is to be rendered by any lower
court in a pending case before it with a similar set of facts.
6.Opinions. Opinions of the Secretary of Justice are given weight
until these are modified or nullified by the Supreme Court in a
decision it renders in a case before it.

7. Service Manual. This is a regulatory document issued by the

education department based on the legal authority given it and
therefore, has the force and effect of law. An example is the 2000
DECS Service Manual, which supplements the 1960 Service Manual.

8. Manual of Regulations For Private Schools. It provides the rules

and regulations governing the conduct and operation of private
schools from the elementary to tertiary levels in the educational
ladder.

9. Department Orders, administrative orders, circulars and

memoranda issued by the Secretary of Education or by the
Commission on Higher Education. These regulatory issuances, as
sources of educational laws, are premised on the assumption that
these are issued as a valid exercise of an authority.

Generalization
There are nine (9) sources of educational laws, namely: constitution,
statutes, ordinances, resolutions, supreme court decisions, opinion of Secretary of
Justice, DECS Service Manual, Manual of Regulations for Private Schools and
issuances by the Secretary of Education and by the Commission on Higher
Education.

IV. Assessment
1. Write a reflection paper.

V. References
Natino, Romeo B.Laws on Education in the Philippines. Quezon City. Great Books
Publishing, 2006.

Cruz, Isagani A. Philippine Political Law.Quezon City. Central Lawbook Publishing

Co., Inc., 2002.
https://www.chanrobles.com/bataspambansabilang232.htm#.XzhgROhKjIU