Summary :

This was an act providing for the establishment and maintenance of an integrated
system of education. In accordance with All Sections 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

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

Introduction :

The 1987 Philippine Constitution lays down the foundation of the Philippine education
system and protects the right of all citizens to quality education at all levels.

Provide for a broad general education that will assist each individual, in the peculiar
ecology of his own society, to (1) attain his potential as a human being; (2) enhance the
range and quality of individual and group participation in the basic functions of society;
and (3) acquire the essential educational foundation for his development into a
productive and versatile citizen: (b) Train the nation's manpower in the middle level skill
required for national development,

The state shall promote the right of the nation's cultural communities in the exercise of
their right to develop themselves within the context of their cultures, customs, traditions,
interest and belief, and recognizes education as an instrument for their maximum
participation in national development and in ensuring their involvement in achieving
national unity.

1. Fr. Pascual Salas, OSM LEGAL FOUNDATION OF EDUCATION

2. 2. Phil. Const. of 1987; the Educational Decree 6-A; the Educational Act of 1982,
otherwise known as Batas Pambansa Bilang 232 and the Educational Act of
1994, otherwise known as Public Act No. 7722
3. 3. various educational legislations and other related laws, general orders and
issuances on policies
4. 4. 1. academic freedom, 2. the rights of parents, students, teachers, school
administrators and other school personnel and their 3. duties and obligations
5. 5. Educational Development Decree of 1972 and the NECS – New Elementary
School Curriculum and the New Secondary School Curriculum
6. 6. • Quality education accessible to all. (Section 1) • Complete, adequate, and
integrated relevant education. (2.1.) • Free public education in the elementary
and high school level. (2.2.) • Scholarship grants, loans, subsidies and other
incentives to deserving students in both private and public schools. (2.3.) • Non-
formal, formal, and indigenous learning systems. (2.4) • Vocational training to
adults, disabled and out of school youth. (2.5) • Study of the constitution. (3.1)
• Study of values. (3.2) • Optional religious instruction in public schools. (3.3.)
• Supervision and regulation of all schools. (3.4.) • Control and administration of
schools by Filipinos. (3.5) • Exemption from taxes and duties. (3.6.) • Academic
freedom in institutions in higher learning. (5.2,3,4.) • Assigning highest budget
priority to education. (5.5.) • National language is Filipino. (6.1.)
7. 7. 1. to foster patriotism and nationalism; 2. to accelerate social progress; 3. to
promote total human liberation and development which is to foster love of
humanity, respect for human rights, and 4. to provide quality education to all
citizens
8. 8. THE EDUCATORS’ SHOW LEGAL FOUNDATION OF EDUCATION
9. 9. the States encourages non-formal, informal and indigenous learning systems.
Informal and indigenous learning include various ways and methods within the
cultural communities of preserving the indigenous life systems of these cultural
communities
10. 10. 1. to provide training in civics, vocational efficiency and other skills to adult
citizens, the disable and out of school youth. 2. Adult education is designed to
provide training and skills development to unemployed and underemployed youth
and adults so that they can be employed. 3. And Special education is likewise
designed to meet the particular needs of exceptional children, physically
handicap or gifted.
11. 11. religion shall be allowed to be taught on a voluntary basis in public
elementary and high schools
12. 12. RA 7722: HIGHER EDUCATION ACT OF 1994
13. 13. RA 7796: AN ACT CREATING THE TECHNICAL EDUCATION AND SKILLS
DEVELOPMENT AUTHORITY OF 1994
14. 14. RA 9155: AN ACT INSTITUTING A FRAMEWORK OF GOVERNANCE FOR
BASIC EDUCATION, ESTABLISHING AUTHORITY AND ACCOUNTABILITY,
RENAMING THE DEPARTMENT OF EDUCATION, CULTURE AND SPORTS
AS THE DEPARTMENT OF EDUCATION AND FOR OTHER PURPOSES
15. 15. RA 4670 of 1966. The COVERAGE: are All public school teachers
16. 16. ELIGIBILITY: • Elementary School Teachers • BEED Graduate • PBET/LET
Passer •S econdary School Teachers •B SE/ BSEd Graduate/ Bachelor ’s
Degree •18 units in major subject/ 18 units of professional education subject
•PBET/LET Passer
17. 17. THE EDUCATORS’ SHOW LEGAL FOUNDATION OF EDUCATION
18. 18. Act No. 74 January 1, 1901 •Laid the foundations of Philippine public school
system and made English as the language of instruction. •Established in the
 Philippine Normal School and Trade school in Manila, and an Agricultural school
in Negros.
19. 19. RA 476 June 18, 1949 •Converted the Philippine Normal School into a
Teacher college and offered courses leading to Bachelor of Science in
Elementary Education and Master of Arts in education.
20. 20. RA 7168 December 26, 1991 •Converted the Philippine Normal School into a
University.
21. 21. RA 6655 •Also known as the Free Public Secondary Education Act of 1988.
•Public secondary schools were nationalized and they were reclassified by
source of funding and curriculum type.
22. 22. DECS ORDER NO. 38, s. 1994 •NSAT is required for all senior high school
students.
23. 23. PD 603 •Required that every school division should organize special classes
for children with special needs.
24. 24. RA 5250 (1966) •Provided a ten – year teacher education program in
Special education for the teaching of the gifted, mentally – retarded and those
with behaviour problems. •Only two schools offered undergraduate in SPEd: UP
COEd and CEU.
25. 25. RA 7686 •Being paid in OJTs in private industries. RA 7687 •Scholarship
programs for careers in science and technology.
26. 26. PD 1006 September 22, 1976 •Considered teachers as professionals and
teaching promulgated as a profession. •Teachers need to pass the PBET before
they could teach, whether in private or public school.
27. 27. PD 146 •Required all high school graduates seeking admissions to post –
secondary degrees necessitating a minimum of four years study to pass a
national entrance examination. RA 7731 •Abolished the NCEE to give the
marginalized sector greater access to college education.
28. 28. RA 7743 •Created the Center of Excellence in Teacher Education. RA 7791
•Stretched the school year from 185 – 200 days. RA 1265 •Made the
observance of the flag ceremony compulsory,
29. 29. RA 7836 •An act professionalizing the teaching profession. •Established the
Licensure Examinations for Teachers.
30. 30. RA 10157 •Kindergarten Education Act •Provides the inclusion of the
Kindergarten level into the basic education program. It is a must that children
must undergo kinder before entering grade 1. Senate Bill 3286: Enhanced Basic
Education Act of 2012 An addition of two years in the basic education.
31. 31. Republic Act No. 10627 (Sept. 12) otherwise known as the "Anti-Bullying Act
of 2013.“ REPUBLIC ACT NO. 7877 AN ACT DECLARING SEXUAL
HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR
TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES.
32. 32. I. Student Matters A. Student Discipline B. Right to Quality Education vis-à-
vis Obligation to Pay Tuition and Other Fees
33. 33. Legal Basis of School’s Authority to Discipline MRPS (DECS Order No. 92, s.
1992) Manual of Regulations for Private Schools Section 74. Authority to
Maintain School Discipline. Every private school shall maintain good school
 discipline inside the school campus as well as outside the school premises when
pupils or students are engaged in activities authorized by the school.
34. 34. REASON: For a school system to function properly, the conduct of pupils
must conform to conditions that are conducive to learning.
35. 35. Extent of School Authority to Discipline How far does the school ’s authority to
maintain school discipline among its community members, particularly its
students, extend?
36. 36. ANSWER It is undisputed that the school can discipline its community
members within the school campus during class hours. Whether that authority
applies even outside of the school premises and class hours, the Supreme Court
said--
37. 37. “x x x It is the better view that there are instances when the school might be
called upon to exercise its power over its students x x x for acts committed
outside the school and beyond school hours in the following: a) In cases of
violations of school policies or regulations occurring in connection with a school-
sponsored activity off-campus; b) In case where the misconduct of the student
involves his status as a student or affects the good name or reputation of the
school.”
38. 38. Imposition of Sanctions Section 75. Imposition of Disciplinary Action. School
officials and academic personnel shall have the right to impose appropriate and
reasonable disciplinary measures in case of minor offenses or infractions of good
discipline committed in their presence. However, no cruel or physically harmful
punishment shall be imposed or applied against any pupil or student.
39. 39. BASIC RULE As parents, the teachers shall use discipline not to punish but
to correct, not to force, but to motivate; and not to obey with rigid cadence, but to
choose to follow the right way.
40. 40. Common Types of Penalties for Minor Offenses 1) Fine 2) Extra Work 3)
Corporal Punishment 4) Grade Reduction
41. 41. Sanctions for Grave Offenses Section 76. Filing of Administrative Action.
When the offense committed is serious x x x the school head shall cause the
filing of the corresponding administrative action against the erring pupil or
student. No disciplinary sanction shall be applied upon any pupil or student
except for cause as defined in the rules and regulations of the school or in this
Manual, and after due process shall have been observed. The punishment shall
be commensurate with the nature and gravity of the offense.
42. 42. Section 77. Categories of Administrative Penalties. The three categories of
disciplinary administrative sanctions for serious offenses or violation of school
rules and regulations which may be applied upon an erring pupil or student are:
Suspension, Exclusion and Expuls(iNonot.e: Also Non-Readmission)
43. 43. Three (3) requirements before disciplinary sanction (Section 77) may be
imposed: a) Must be for cause as defined b) Observance of due process c)
Punishment must be commensurate
44. 44. I. Must be for cause as defined in the printed rules and regulations of the
school or in the MRPS Section 78. Authority to Promulgate Disciplinary Rules.
Every private schools shall have the right to promulgate reasonable norms, rules
and regulations it may deem necessary and consistent with the provisions of this
 Manual for the maintenance of good school discipline and class attendance.
Such rules and regulations shall be effective as of the date of promulgation and
notification to students in an appropriate school issuance or publication.
45. 45. What if the misconduct is not defined and penalized by written school rules,
may the student still be administratively charged for said act or omission?
46. 46. Depends on the Type of Offense Committed * Two types of offenses i)
Generally accepted acts and/or omission that are subject to disciplinary action
and imposition of sanctions; ii) Acts and/or omission which by certain school rule
of conduct and standard of morality are subject to disciplinary action and
imposition of sanctions.
47. 47. II. After due process shall have been observed Requirement of Due Process
The framers of our Constitution placed due process first among the provisions of
the Bill of Rights. The section states-- “No person shall be deprived of life, liberty
or property without due process of law.”
48. 48. 3) They shall be informed of the evidence against them; 4) They shall have
the right to adduce evidence in their own behalf; and 5) The evidence must be
considered by the investigating committee or official designated by the school
authorities to hear and decide the case.
49. 49. III. The punishment shall be commensurate with the nature and gravity of the
offense Although school authorities may have strictly complied with the minimum
requirements of due process, courts may still INVALIDATE penalty imposed if
NOT commensurate to the nature and gravity of the offense.
50. 50. B. Right to Quality Education vis-à-vis Obligation to Pay Tuition and Other
Fees Article XIV, Sec. 1, 1987 Constitution “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.”
51. 51. Two (2) Basic Methods of Ensuring Quality Education 1. Continuous
Evaluation of Faculty and Staff Competence and Efficiency 2. Evaluate Students:
Determine Level of Learning Competencies
52. 52. Students have the RIGHT— Section 9 (4)— “x x x to access to school
records x x x.” and Section 9 (5)— “x x x issuance of (school records) within 30
days from request.” In Reporting--
53. 53. Paragraph 119, Manual of Information for Private Schools provide — “x x x
When a student fails to meet his financial obligations, the school should drop him
from the rolls. But when he is allowed to remain in school until the end of the
term he should not be deprived of the examinations. The school may, however,
withhold x x his final grade xxx”
54. 54. Section 72, MRPS-- “Withholding of Credentials – The release of x x x
(school records) of any pupil or student may be withheld for reasons of x x x
NON-PAYMENT OF FINANCIAL OBLIGATIONS or PROPERTY
RESPONSIBILITY of the pupil or student to the school. The (records) shall be
released as soon as his obligations shall have been settled x x x. ” Principle
involved: “TACIT RESOLUTORY CONDITION” (Civil Code, Art. 1191)
55. 55. It is suggested that the students/ parents be duly informed in writing before
enrollment that FAILURE to pay the school fees shall give the school the
 authority/right to rescind the enrollment contract and deny the student concerned
his continued stay in school.
56. 56. This should be included as part of the the enrollment form: “To recognize
without reservation, the authority of _____________ School to bar or not to allow
our child/children from entering the school campus and attending his/her classes
in case we fail to pay two (2) consecutive installments of the due and
demandable tuition and other school fees as indicated in the current schedule of
payment and that he/she shall only be readmitted as soon as the tuition and
other school fees are paid; provided however, that our child will be solely
responsible in keeping up with the lessons, assignments and taking examinations
given during the school days our child was not allowed to enter and attend
classes.”
57. 57. II. School Personnel Matters INEFFICIENCY AND INCOMPETENCE
Absences/Tardiness  to be considered valid causes for termination under
Section 94 of MRPS, Section 78 of TVET Manual and Article 283 of the Labor
Code, absences and tardiness must be habitual and inexcusable.
58. 58. ISSUE: What if the frequency of absences is “Habitual ” in character but
EXCUSABLE? Can teacher be terminated? ANSWER Supreme Court said-- “A
working mother who has to frequently absent because she has also to take care
of her child may also be removed because of her poor attendance, x x x
however, the award of separation pay would be sustained under the social justice
x x x.” (PLDT vs. NLRC, 164 SCRA 671)
59. 59. ABANDONMENT (absence from work and deliberate intent to discontinue to
return) Two (2) Requisites (a) Absences without authority (b) Intention not to
return
60. 60. How to declare ABANDONMENT? Two (2) Letter Principle As soon as a
teacher starts to incur absences continuously without official leave or authority--
send 1st letter requiring him to report immediately and explain; AND send 2nd
letter informing him of termination due to abandonment
61. 61. N.B. Unless employee is sent the second letter of termination, he/she
remains an employee Hence, if he/she comes back, the right to his/her position
may still legally exist no matter how long the absence.
62. 62. NEGLECT OF DUTY Neglect is defined as the failure to carry out an
expected or required action through carelessness or by intention. As a rule,
“Neglect of Duty”, to be ground for termination, must be both GROSS and
HABITUAL.  Single or isolated acts of negligence do not constitute just cause
for dismissal  But if the negligent act results to substantial loss/damage to
property or injury to person, habituality is NOT necessary to justify dismissal
63. 63.  Failure to Exercise Parental Responsibility “The school, its administrators
and teachers, x x x engaged in child care shall have special parental authority
and responsibility over the minor child while under their supervision, instruction or
custody. Authority and responsibility shall apply to all authorized activities
whether inside or outside the premises of the school, x x x. ” Article 218, Family
Code “A teacher shall recognize that the interest and welfare of learners are his
first and foremost concern, and shall handle each learner justly and impartially.”
(Article VII, Section 2)
64. 64. Parental Responsibility The student while in school, is in the custody and
hence, the responsibility of the school authorities as long as he is under the
control and influence of the school, whether the semester has not yet begun or
has already ended. In Amadora vs. CA, the Supreme Court said- “Even if the
student is just relaxing in the campus x x x the student is still within the custody
and subject to the discipline and responsibility of the teachers x x x.”
65. 65.  Unreasonable Delay to Submit Students’ Grades A teacher should be held
answerable for failure to submit grades or reports on time in accordance with the
reasonable deadline. BP 232 mandates that teachers shall “(r)ender regular
reports on performance of each student and to the latter and the latter ’s parents
or guardians with specific suggestions for improvement.”
66. 66. In the recent case of University of the East vs. Romeo A. Jader, the Supreme
Court, in no uncertain terms, declared-- “The court takes judicial notice of the
traditional practice in educational institutions wherein (teacher) directly furnishes
x x x students their grades. It is the contractual obligation of the school (through
the teachers) to TIMELY INFORM AND FURNISH sufficient notice and
information to each and every student x x x.”
67. 67. “x x x The negligent act of a (teacher) who fails to observe the rules of the
school, for instance, by not promptly submitting a student ’s grade is not only
imputable to the teacher but is an act of the school being his/her employer x x x.”
68. 68.  Neglect to Keep School Records School Personnel do have the duty to
keep the school records of each of his students. Duty is based on the
pupils’/students’ or their parents’ rights to access to their own school records and
the issuance thereof at least within thirty (30) days from request.
69. 69. IMMORALITY School employees, particularly teachers and other academic
personnel, are definitely bound by the rule that immorality is a valid cause for
termination. For as teachers, they serve as an example to the pupils and the
students, especially during their formative years.
70. 70. TEACHERS AS PROFESSIONALS Duly licensed professionals who possess
dignity and reputation with high moral values as well as technical and
professional competence. In the practice of their noble profession, they strictly
adhere to observe, and practice this set of ethical and moral principles, standard
and values. (Preamble, Code of Ethics for Professional Teachers)
71. 71. “Every teacher shall merit reasonable social recognition for which purpose he
shall behave with honor and dignity at all times and refrain from such activities as
gambling, smoking, drunkenness and other excesses, much less illicit relations.”
(Code of Ethics, Article III, Section 3) “A teacher shall place premium upon self-
respect and self-discipline as the principle of personal behavior in all
relationships with others and in all situations. ” (Code of Ethics, Article XI, Section
2)
72. 72. “A teacher shall maintain at all times a dignified personality which could
serve as model worthy of emulation by learners, peers, and others. ” (Code of
Ethics, Article XI, Section 3)
73. 73. Joseph Santos vs. NLRC, Hagonoy Institute, Inc. “As teacher, (one) serves
as an example to his/her pupils xxx. Consequently xxx teachers must adhere to
the exacting standards of morality and decency. xxx A teacher both in his official
 and personal conduct must display exemplary behavior. ” He must freely and
willingly accept restrictions on his conduct that might be viewed irksome xxx the
personal behavior of teachers, IN AND OUTSIDE THE CLASSROOM, must be
beyond reproach xxx they must observe a high standard of integrity and
honesty.”
74. 74. SERIOUS MISCONDUCT Misconduct is improper or wrong conduct. It is the
transgression of some established and definite rule of action, a forbidden act, a
dereliction of duty.  Giving Failing Students Passing Grades They Did Not
Deserve Section 79 of the MRPS provides that the final grade or rating given to a
pupil or student in a subject should be based solely on his scholastic
performance.
75. 75. Thus, it is not a matter of discretion on the part of the teachers in the giving of
the students’ grades, but rather it is a clear obligation for the teachers to
determine student academic marks solely based on scholastic performance. For
a teacher to do otherwise, would be serious academic malpractice or grave
misconduct in the performance of his/her duties.
76. 76.  Influencing a Co-Faculty to Change Grade In the case of Wilfredo T.
Padilla vs. NLRC and San Beda College, the Supreme Court said-- “This Court is
convinced that the pressure and influence exerted by petitioner on his colleague
to change a failing grade to a passing one, x x x constitute serious misconduct,
which is a valid ground for dismissing an employee.”
77. 77.  Failure to Maintain Confidentiality of School Records BP 232 provides that
the students shall have the right to “x x x the CONFIDENTIALITY of (their school
records) which the School shall maintain and preserve. • Confidentiality covers
only STRICTLY confidential records 1) Personal records 2) Academic records/
reports 3) Birth Certificates 4) Adoption papers 5) Medical/guidance reports 6)
Disciplinary records
78. 78. Sale of Tickets; Collection of Contribution/ Donations from Pupils / Parents
BP 232, Sec. 9 (9) - students have right to be free from (voluntary) involuntary
contributions Improper or unauthorized solicitation of contributions from parents
and school children VIII, 5. A teacher shall not accept, directly or indirectly, any
remuneration from tutorials other than what is authorized for such service.
79. 79. Anita Y. Salvarria vs. Letran College, et al. (296 SCRA 184) The Supreme
Court declared-- “Petitioner contended that her dismissal was arbitrarily x x x,
having been effected without just cause, on the premise that the solicitation of
funds x x x was initiated by the students and that her participation was merely
limited to approving the same. x x x”
80. 80. If there is one person more knowledgeable of x x x policy against illegal
exactions from students, it would be x x x Salavarria. Hence, regardless of who
initiated the collections, the fact that the same was approved or indorsed by
petitioner, made her ‘in effect the author of the project. ’”
81. 81.  Contracting Loans from Students/Parents “ x x x the Department considers
the act of teachers in “x x x contracting loans from parents of their students x x x ”
not only a serious misconduct based on Art. 282 (a) of the Labor Code, but is
likewise a violation of a student’s right “x x x to be free from involuntary
contribution x x x” (Sec. 9 (9) of BP 232).” Usec. Antonio E.B. Nachura
82. 82. CONTRACTING LOANS IS GRAVE OFFENSE … because reprehensible
behavior such as the use of trust relationship as leverage for borrowing money is
involved. … to avoid exertion of undue influence by teachers over the students or
their parents
83. 83. WILLFUL DISOBEDIENCE The orders, regulations, or instructions of the
employer or representative must be: 1. Reasonable and lawful 2. Sufficiently
known to the employee; and 3. In connection with the duties which the employee
has been engaged to discharge
84. 84.  Refusal to Relinquish Teaching as Required by School Administration In
Cruz vs. Medina, a faculty who rose from the rank to the Deanship, but refused to
relinquish her teaching load even after accepting the Dean ’s position and
required to by Administration the Supreme Court stated-- “x x x Considering the
fact that she was holding a managerial position, her refusal to abide by the lawful
orders of her employers would lead to the erosion of the trust and confidence
reposed on her.”
85. 85. ISSUES  Disobedience to Transfer -- It is management’s prerogative to
transfer an employee from one office to another within the school system,
provided that it does not amount to a demotion in rank or diminution in pay. --
Only limitation is mala fides. That is, the employer cannot exercise this right is
where it is vitiated by improper motive; -- Employee may disobey an inconvenient
transfer.
86. 86.  Refusal to Accept Promotion - This is not insubordination. No law exists
compelling the acceptance of a promotion, since this takes the nature of a gift
which a person has the right to refuse. - A transfer may be refused by the
employee if the transfer is coupled with or is in the nature of a promotion.
87. 87. REQUIREMENT OF DUE PROCESS For termination of employment, the
following standards on just causes as defined in Article 282 of the Labor Code: a)
A written notice served on the employee specifying the ground for termination,
and giving employee reasonable opportunity to explain his side;
88. 88. b) A hearing during which the employee is given the opportunity to respond to
the charge, present his evidence or rebut the evidence presented against him;
and c) A written notice of termination served indicating that upon due
consideration of all the circumstances, grounds have been established to justify
his termination.
89. 89. SAMPLE NOTICE: Pursuant to the pertinent provision of the Manual of
Regulations for Private Schools and the Labor Code, you are hereby charged of
________________, an offense punishable by ____________, which was
allegedly committed as follows: (Attached copy of the complaint, if any)
Considering the foregoing, you are hereby required to explain in writing within
three (3) days from receipt of this notice why no disciplinary action should be
taken against you. Failure on your part to answer said charges within the
prescribed period shall be deemed a waiver of your right to be heard and the
case shall be resolved on the basis of the evidence available at hand.
Body:

Education is very important in everyone, but not all has the opportunity to finish and
earn their diplomas.To the Filipino, knowledge is acquired through education. Although
they generally agree that education can be obtained inside and outside school, they
believe that the primary sources of knowledge are the schools. Thus, building a strong
foundation when it comes to education the government always there to set a law to
make it effective for everyone.

The constitution provides the legal bases of education in the Philippines by

Constitutional mandate, all education institutions are under the supervision of, and
subject to regulation by the state. The DECS, CHED and TESDA are charge with the
administration of the school system. Other major laws are the Education Decree of 1972
also known as P.D. 6A and the Education Act of 1982. Previous to the promulgation of
the Philippine Constitution Act No.74, which may be considered as the Magna Carta of
the Philippines Education constituted the legal basis of education. The Constitution of
1987 now gives the direction of the Philippine Education. Another important document is
Magna Carta for Public School Teachers very recently, the Magna Carta for student has
been filed in congress.
The government might have realized that necessary steps must be taken in order to
improve the education system in the country, leading them to make and consider some
changes to keep up with other countries. Recently there was a news from Dr. Isagani
Cruz, Chair of the CHED Panel on General Education, concerning curriculum
development for Year 11 and 12 in the K+12 reform which we suggest be called
“Career Academy”. Basically,, the news boils down to this: CHED will take care of the
Pre-College stream; TESDA will take care of the curricula of the  Pre-Work streams.

The heads of DepEd, CHED and TESDA has agreed that CHED will design the
academic portion of the curriculum of Grades 11 & 12 and TESDA will design the
technical portion. DepEd will focus on decongesting and updating the curriculum for K to
Grade 10. And TESDA has a mechanism for certifying competences on required levels
for employment, it is rational that they be involved in the determination of technical
curricula for Career Academy.

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The collaboration of the agencies makes our educational system has been assailed by
various sectors of the society for its deficiencies, which have allegedly led to the
deterioration quality. The quality of education that the students get can based upon their
surroundings. Quality education does not take place under a tree, but in a conducive
environment with the basic components of schooling such as classroom, textbooks,
desks and chairs.

DepEd, CHED and TESDA are hand in hand to produce a quality education and
productive people to make  standards and we have the ability to compete with other
foreign countries. Its a happy thing that the heads of DepEd, CHED, and TESDA are
coordinating to each other on implementing K to 12. The government makes our
education system foundation strong by the helps of these agencies to provide duality,
adequate and appropriate education to everyone.

Major Legal Bases of the Philippine Educational System

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)

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:

Establish, maintain and support a complete, adequate and integrated system of

education relevant to the needs of the people and society;

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;

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;
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

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

Section 3.

All educational institutions shall include the study of the Constitution as part of the
curricula.

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.

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.

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.

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 All revenues and assets of non-
stock, non- profit educational institutions used actually, directly and exclusively
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.

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.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.

Academic freedom shall be enjoyed in all institutions of higher learning.

Every citizen has a right to select a profession or course of study, subject to fair,
reasonable and equitable admission and academic requirements.

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.

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.

Conclusion and analysis :

Teaching is a profession with a long and cherished tradition . It is universally acknowledge as a respected
and highly esteemed career. Its lifelong mission consists of relentless pursuit o knowledge .development
of skills and proficiency in work dimensions and inculcation of values and attitudes of all practitioners .it
is embraced by a characteristic culture of committed service to children ,adults ,community and the
nation.

References

:https://www.teacherph.com/legal-bases-of-philippine-educational-system/

https://www.slideshare.net/raffy0717/legal-bases-of-philippine-educational-system

https://www.agoda.com/?cid=1630094 Legal foundation of education (slideshare.net)

Reflections On Educational Programs | PDF | Learning | Teachers (scribd.com)

Al Bangsamoro Shari’ah and Professional Education College
Master of Arts in Education Major in School Administration

Term Paper:
Legal Basis of Philippines Education

Submitted by:
NORHANIE M.ALI

Submitted to:
Dr. Aquisah Salima I. Panda

November 9, 202