THE CONSTITUTIONAL PROVISIONS ON

EDUCATION
EDUC- 610 LEGAL BASES AND PROBLEMS IN EDUCATION
BY: Nelia D. Amara

This report covers the Philippine Constitutional Provisions on Education under:

 The 1899 “Malolos” Constitution”
 The 1902 Cooper Law “Philippine Organic Act”
 The 1916 Jones Law “Philippine Autonomy Act”
 The 1935 “Commonwealth” Constitution
 The 1943 Constitution
 The 1973 Constitution
 The 1986 Provisional “Freedom” Constitution
 The 1987 Constitution

The 1899 “Malolos” Constitution”

The Filipinos and their national and individual right

Article 23
"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 secretaries of government

Article 73
"The Council of Government is composed of one President and seven secretaries, each of
whom shall have under his charge the portfolios of Foreign Relations, Interior, Finance, War
and Marine, Public Education, Communications and Public Works, and Agriculture, Industry,
and Commerce."

The 1902 Cooper Law “Philippine Organic Act”

An act temporarily to provide for the administration of the affairs of civil government in the
Philippine islands, and for other purposes.

“… and in creating the offices of Civil Governor and Vice-Governor of the Philippine
Islands, and authorizing said Civil Governor and Vice-Governor to exercise the powers of
government to the extent and in the manner and form set forth in the Executive order dated
June twenty first, nineteen hundred and one, …”

''... and is establishing four Executive Departments of government in said Islands as set forth
in the Act of the Philippine Commission entitled “An Act providing an organization for the
Departments of the Interior, of Commerce and Police, of Finance and Justice, and of Public
Instruction, enacted September sixth, nineteen hundred and one, is hereby approved, ratified,
and confirmed, and until otherwise provided by law the said Islands shall continue to be
governed as thereby and herein provided, ...”

ACT NO. 222

An act providing for the organization of the departments of the interior, of commerce and
police, of finance and justice, and of public instruction.

Section 4
''The Department of Public Instruction shall embrace under its Executive control the Bureau
of Public Instructions, a Bureau of Public Charities, Public Libraries and Museums, the
Bureau of Statistics, a Bureau of Public Records, a Bureau of Public Printing, and a Bureau
of Architecture and Construction of Public Buildings.''

The 1916 Jones Law “Philippine Autonomy Act”

SECTION 23

The Vice-Governor

“(a) Appointment and powers; Bureaus of Education and Health. That there shall be
appointed by the President, by and with the advice and consent of the Senate of the United
States, a Vice Governor of the Philippine Islands, who shall have all the powers of the
Governor - General in the case in the of a vacancy or temporary removal, resignation, or
disability of the Governor - General, or in case of his temporary absence; ...''

''... and the said Vice-Governor sha l l be the head of the executive department, known as the
Department of Public Instruction, which shall include the Bureau of Education and the
Bureau of Health, and he may be assigned such other executive duties as the Governor-
General may designate.

The 1935 “Commonwealth” Constitution

ARTICLE II
DECLARATION OF PRINCIPLES

Section 4
''The natural right and duty of parents in the rearing of the youth for civic efficiency should
receive the aid and support of the government.''

ARTICLE VI
LEGISLATIVE DEPARTMENT

Section 22
“Cemeteries, churches, and parsonages or convents appurtenant thereto, and all lands,
buildings, and improvements used exclusively for religious, charitable, or educational
purposes shall be exempt from taxation.''
ARTICLE VII
EXECUTIVE DEPARTMENT

Section 11
“The executive departments of the present Government of the Philippine Islands shall
continue as now authorized by law until the Congress shall provide otherwise.''

ARTICLE XIV
GENERAL PROVISIONS

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 citizenship training to adult citizen. All schools shall aim to develop moral character,
personal discipline, civic conscience, and vocational efficiency, and to reach the duties of
citizenship. …”

ARTICLE XIV
GENERAL PROVISIONS

Section 5
''... 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 gif ted citizens.''

The 1947 Constitution

ARTICLE III
THE LEGISLATURE

Section 12
“(3) Cemeteries, churches and parsonages or convents appurtenant thereto, and al l lands,
buildings and improvements used exclusively for religious, charitable or educational
purposes, shall be exempt from taxation.''

ARTICLE IX
GENERAL PROVISIONS

Section 10
''All educational institutions shall be under the super vision of and subject to regulation by the
State. The government shall establish and maintain a complete and adequate system of
national education, and shall provide at least free public elementary instruction, and
citizenship training to adult citizens. ...”

''... All schools, colleges, and universities shall aim to develop moral character, personal and
collective discipline, civic conscience, and vocational skill, secure social efficiency, and
teach the duties of citizenship. Optional religious instruction shall be maintained in the public
schools as now authorized by law. The State shall create scholarships in arts, science, and
letters for specially gifted citizens.”
The 1973 Constitution

ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES

Section 4
''The State shall strengthen the family as a basic social institution. The natural right and duty
of parents in the rearing of the youth for civic efficiency and the development of moral
character shall receive the aid and supp ort of the government.''

ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES

Section 5
''The State recognizes the vital role of the youth in nation-building and shall promote their
physical, intellectual and social well-being. “

Section 7
''The State shall establish, maintain, and ensure adequate social services in the field of
education, health, housing, employment, welfare, and social security to guarantee the
enjoyment of the people of a decent standard of living.''

ARTICLE XV
GENERAL PROVISIONS

Section 8
''All educational institutions shall be under the supervision of and subject to regulation by the
State. The State shall establish and maintain a complete, adequate, and integrated system of
education relevant to goals of national development.''

''All educational institutions shall be under the supervision of and subject to regulation by the
State. The State shall establish and maintain a complete, adequate, and integrated system of
education relevant to goals of national development.

“All institutions of higher l earning shall enjoy academic freedom.''

''The study of the Constitution shall be part of the curricula in all schools.”

''ALL educational institutions shall aim to inculcate Love of country, teach the duties of
citizenship, and develop moral character, personal discipline, and scientific, technological,
and vocational efficiency.

''The State shall maintain a system of free public elementary education and, in areas where
finances permit, establish and maintain a system of free public education at least up to the
secondary level.”
''The State shall provide citizenship and vocational training to adult citizens and out-of-school
youth and create and maintain scholarships f or poor and deserving students.”

''Educational institutions, other than those established by religious orders, mission boards,
and charitable organizations, shall be owned solely by citizens of the Philippines, or
corporations or associations sixty per centum of the capital; of which is owned by such
citizens. The control and administration of educational institutions shall be vested in citizens
of the Philippines. ...''

"No education institution shall be established exclusively for aliens, and no group of aliens
shall comprise more than one- third of the enrollment of 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 resident.”

Section 9
''The State shall promote scientific research and invention. The advancement of science and
technology shall have priori ty in the national Development. Filipino culture shall be
preserved and developed for national identity. Arts and letters shall be under the patronage of
the State.''
''The exclusive right to inventions, writings, and artistic creations shall be secured to
investors, authors and artists f or a limited period. Scholarships, grants-in-aid, or other forms
of incentives shall be provided for specially gifted children.''

The 1986 Provisional “Freedom” Constitution

ARTICLE1
Adoption of certain provisions of the 1973 "constitution, As amended.

Section 2
''The provision of ARTICLE II (Declaration of Principles and State Policies), ARTICLE VII
(The President), ARTICLE X (The Judiciary), ARTICLE XI (Local Government), ARTICLE
XIII (Accountability of Public Officers), ARTICLE XIV (The National Economy and
Patrimony of the Nation), ARTICLE XV (General Provisions) of the1973 Constitution, as
amended, are hereby adopted as part of this Provisional Constitution, as amended, are hereby
adopt ed as part of this Provisional Constitution, insofar as they are not inconsistent with the
provisions of this Proclamation.''

The 1987 Constitution

"ARTICLE XIV : EDUCATION,SCIEICE AND TECHNOLOGU , ARTS,CULTURE AND

SPORTS”

EDUCATION: Section 1

The State shall protect and promote the right of all 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 right of parents to rear their children, elementary
education is compulsory for all children of school-age.

"(3) Establish and maintain scholarship grants, 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 systems, as well as self-
learning, independent and out-of-school study programs particularly those that respond to
community needs.

(5) Provide adult citizens, the disabled and out-of-school youth with training in civics,
vocational efficiency and other skills.

There are over 14 million IP’s (Indigenous People) in the country, most of
whom are in Mindanao. They continue to live as organized communities, retaining their
customs and traditions, and fighting for their rights. Tribal groups are found throughout the
Philippines, among them the Apayao, lsneg and Tinggian in the Cordillera; Aeta, Gaddang,
and lbanag in Cagayan Valley; Pinatubo and Baluga in Central Luzon; Hanunoo and lraya in
Mindoro; Batak, Keney, and Tagbanua in Palawan; Ati and Sulod in Western Visayas; and
Ata, Bagobo, Badjao, Bilaan in Mindanao.

Section 3
(l)All educational institutions shall include the study of Constitution as part of the curricula.

The curricula shall be fixed in accordance with the rule of the appropriate department.
They cover the hard and the soft sciences. What are being taught are the basic and traditional
subjects on language, mathematics, sciences, the social science and humanities. The study of
the constitution shall form part of curricula. Teachers of the constitution must also teach
provisions on social justice, family and national patrimony but most especially the Bill of
Rights.

It is now also provided in the curricula shall:

• Inculcate patriotism and nationalism.
• Foster love of humanity, respect for human rights, appreciation of the role of the
national heroes’ 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.
• Promote vocational efficiency.

RELIGIOUS INSTRUCTION
 Under the old constitution, provisions on religious were considered dead letters. The
new provision is called authentic and more direct because while retaining the teaching of
religion on an optional basis, the same must be taught within regular classes hours, and
moreover, the new provision realizes that there is an expense on the part of the government
on light, water and other facilities, thus the use of the words without additional cost to the
government. The Protestants and the Muslims in the 1986 Constitutional supported the
provision on religious instruction in the new constitution.

RELIGIOUS INSTRUCTION: Section 4

All revenues and assets of non-stock, nonprofit educational institutions used, directly
and exclusively for educational purposes shall be exempt for taxes and duties. Upon the
dissolution or cessation of the corporate existence of such institutions, their assets shall be
disposed of in 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.

Subject to conditions prescribed by law, all grants, endowments, donations or

contributions used, directly and exclusively for educational purposes shall be exempt from
tax.

SCIENCE AND TECHNOLOGY: Section 10

Science and Technology are essential for national development and progress. The
state shall give priority for research and development, invention, innovation, and their
utilization, and to science and technology education training, and services. It shall support
indigenous, appropriate, and self-reliant scientific and technological capabilities, and their
application to the country’s productive systems and national life.

SCIENCE AND TECHNOLOGY: Section 11

The congress may provide for incentives, including tax deductions, to encourage
private participations in programs of basic and applied scientific research scholarship, grant-
in-aid, or other forms of incentives shall be provided to deserving science students,
researchers, scientists, inventors, technologists, and especially gifted citizens.

SCIENCE AND TECHNOLOGY: Section 12

The state shall regulate the transfer and promote the adaptation of technology from all
sources of the national benefit. It shall encourage the widest participation of private groups,
local governments, and community-based organizations in the generation in the utilization of
science and technology.

SCIENCE AND TECHNOLOGY: Section 13

The state shall protect and secure the exclusive rights of scientists, inventors, and
other gifted citizens to their intellectual property and creations particularly when beneficial to
the people, for such period as may be provided by the law.

ARTS AND CULTURE: Section 17

The State shall recognize, respect, and protect the rights of indigenous cultural communities
to preserve and develop their cultures, traditions, and institutions. It shall consider these
rights in the formulation of national plans and policies.

ARTS AND CULTURE: Section 18

(1) The State shall ensure equal access to cultural opportunities through the educational
system, public or private cultural entities, scholarships, grants and other incentives, and
community cultural centers, and other public venues.
(2) The State shall encourage and support research and studies on the arts and culture.

SPORTS: Section 19
(1) The State shall promote physical education and encourage sports programs, league
competitions to foster self-discipline, teamwork, and excellence for the development
of a healthy and alert citizenry.
(2) All education institutions shall undertake regular sports activities throughout the
country in cooperation with athletic clubs and other sectors.