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Module 2: LEGAL BASES OF THE PHILIPPINE EDUCATIONAL SYSTEM

Objective: The students should be able to:

 Be aware of the development of the laws in Philippine education; and

 Identify the important changes and uniqueness of each of these laws .

Introduction

This modules contains the major laws on education that led to the introduction of
improvement in Philippine education. Each of these laws introduced policies and areas
that are different from the rest.

I. THE 1987 CONSTITUTION

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 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;
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.
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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
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through adequate remuneration and other means of job satisfaction and

fulfillment.

II. 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.

III. OTHER LEGAL BASES EDUCATION

1. Act No. 74-This law was enacted on January 21, 1901 by the Philippine Commission, and
provided:

A. The 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)

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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 the Department of Public Instruction (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.
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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.
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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.
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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.