LEGAL BASES OF SPECIAL EDUCATION

Special education in the Philippines is anchored on fundamental legal documents that present

a chronological events on the growth and development of the program. The first legal basis of the

care and protection of children with disabilities was enacted in 1935. Articles 356 and 259 of the

Commonwealth Act No. 3203 asserted “the right of every child to live in an atmosphere conducive to

his physical, moral and intellectual development” and the concomitant duty of the government “to

promote the full growth of the faculties of every child.”

Republic Act No. 3562, “An Act To Promote the Education of the Blind in the Philippines” on

June 21, 1963 provided for the formal training of special education teachers of blind children at the

Philippine Normal College, the rehabilitation of the Philippine Normal School for the Blind (PNSB) and

the establishment of the Philippine Printing House of Blind.

Republic Act No. 5250, “An Act Establishing a Ten-Year Teaching Training Program for

Teachers of Special Education Children” was signed into law in 1968. The law provided for the formal

training of teachers for deaf, hard-of-hearing, speech handicapped, socially and emotionally

disturbed, mentally retarded and mentally gifted children and youth at the Philippine Normal College

and the University of the Philippines.

The 1973 Constitution of the Philippines, the fundamental law of the land, explicitly stated in

Section 8, Article XV the provision of “a complete, adequate and integrated system of education

relevant to the goals of national development.” The constitutional provision for the universality of

educational opportunities and the education of every citizen as a primary concern of the government

clearly implies the inclusion of exceptional children and youth.

In 1975, Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code

was enacted. Article 3 on the Rights of the Child provides among others that “the
emotionally

disturbed or socially maladjusted child shall be treated with sympathy and understanding, and shall

be entitled to treatment and competent care; and the physically or mentally handicapped child shall

be given the education and care required by his particular condition.” Equally important is Article 74

which provides for the creation of special classes. Thus, “where needs warrant, there shall be at least
special classes in every province, and if possible, special schools for the physically handicapped, the

mentally retarded, the emotionally disturbed and the specially gifted. The private sector shall be given

all the necessary inducement and encouragement.”

In 2978, Presidential Decree No. 1509 created the National Commission Concerning Disabled

Persons (NCCDP). It was renamed as National Council for the Welfare of Disabled Persons

(NCWDP).

In Education Act of 1982 or Batas Pambansa Bilang 232 states that “the state shall promote

the right of every individual to relevant quality education regardless of sex, age, breed,

socioeconomic status, physical and mental condition, social and ethnic origin, political and other

affiliations. The States shall therefore promote and maintain equality of access to education as well as

enjoyment of the benefits of education by all its citizens.”

Section 24 “Special Education Service” of the same law affirms that “the State further

recognizes its responsibility to provide, within context of the formal education system services to meet

special needs of certain clientele. These specific types shall be guided by the basic policies of state

embodied on General Provisions of this Act which include: (2) “special education, the education of

persons who are physically, mentally, emotionally, socially, culturally different from the so-
called ‘normal’ individuals that they require modifications of school practices/services to develop to
their

maximum capacity.”

In 983, Batas Pambansa Bilang 344 was enacted. The Accessibility Law, “An Act to Enhance

the Mobility of Disabled Persons” requires cars, buildings, institutions, establishments and public

utilities to install facilities and other devices for persons with disabilities.

The 1987 Constitution of the Philippines cites the rights of exceptional children to education in

Article XIV. Section 1 declares that 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 emphasizes that “the State shall provide adult citizens, the disabled and out-of-school

youth with training in civics, vocational efficiency and other skills.

In 1989, R.A. No. 6759 was enacted. The law declared August 1 of each year as “White Cane

Safety Day in the Philippines.” Blind persons use the cane in traveling.
In 1992, R> A. No. 7610 was enacted. The law is “An Act Providing for Strong Deterrence and

Special Protection Against Child Abuse, Exploitation and Discrimination, Providing penalties for Its

Violation and other Purposes.”

In the year 2000, Presidential Proclamation No. 361 set new dates for the National Disability

Prevention and Rehabilitation Week Celebration on the third week of July every year which shall

culminate on the birth date of the Sublime Paralytic Apolinario Mabini