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Legal Bases of The Philippine Educational System
Legal Bases of The Philippine Educational System
Legal Bases of The Philippine Educational System
Philippine Educational
System
by Mark Anthony Llego
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. Table 3 summarizes significant reforms enacted into law toward the
attainment of Constitutional provisions, national goals, and international
commitments for SDG 2030.
Table of Contents
Major Legal Bases of the Philippine Educational System
The 1987 Constitutions
Batas Pambansa Blg. 232 (The Education Act of 1982)
Rights of Students in School (Section 9)
Right of All School Personnel (Section 10)
Special Rights And/or Privileges of Teaching or Academic Staff (Section 11)
Rights of Administrators (Section 12)
Rights of Schools (Section 13)
Maintenance of Quality Education
Other Legal Bases
1. Act No. 74
2. Act No. 2706
3. Commonwealth Act No. 1 (Amended by R.A. 9163)
4. Commonwealth Act No. 80
5. Commonwealth Act No. 578
6. Commonwealth Act No. 586 (Repealed by R.A. 896)
7. Commonwealth Act No. 589
8. Republic Act No. 139 (Repealed by R. A. 8047)
9. Republic Act No. 896
10. Republic Act No. 1124 (Repealed by R. A. 7722)
11. Republic Act No. 1265 (amended by R. A. 8491)
12. Republic Act No. 1425
13. Republic Act No. 4670
14. Republic Act No. 1079
15. Republic Act No. 6655
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)
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 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 through adequate remuneration and other means of
job satisfaction and fulfillment.
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.
This law was amended by Commonwealth Act No. 180 passed on November
13, 1936 which provided 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.
The ritual consists of solemn and patriotic ceremonies that include the singing
of the National Anthem and Patriotic Pledges.
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.