Bicol University

Graduate School
Legazpi City, Albay

Name: Julie Ann Estrada

Degree: Master of Arts in Social Studies Education
Subject: Seminar in Philippine Laws, Legal History, & Social Legislations
Professor: Dr. Ma. Julieta B. Borres

Learning Assessment
Chapter 4
Part 1

Directions: In not less than 500 words per item answer the following questions. Be sure to
support your answers with the provisions of law or with jurisprudence.

1. The principal of Bagong Buhay High School, a public school wrote a letter to the parents and
guardians of all the school's pupils, informing them that the school was willing to provide
religious instruction to its Catholic students during class hours, through a Catholic priest.
However, students who wished to avail of such religious instruction needed to secure the consent
of their parents and guardians in writing.

a. Does the offer violate the constitutional prohibition against the establishment of religion? (5
points)

Answer:

Article II Section 13 of the 1987 Philippine Constitution states that “The State recognizes
the vital role of the youth in nation-building and shall promote and protect their physical, moral,
spiritual, intellectual, and social well-being.” Based on the situation, the principal of Bagong
Buhay High School intends to promote and protect their Catholic students’ spiritual well-being.

The 1987 Constitution provides for religious instruction of students/pupils in public

elementary and high schools within the regular class hours, at the option expressed in writing by
the parents or guardian, without additional cost to the Government. (Sec. 3, Article XIV.) On the
given situation, the school did not violate the constitutional prohibition, since the establishment
of religion clearly adheres to the requisites provided by the constitution: (1) there will be an
expressed written consent from the parents’ or guardians, (2) taught within regular class hours,
(3) instructors are designated and approved by the proper religious authorities, and (4) without
additional cost of the government. The action of the principal is also mandated by the DepEd
Order No. 13, s. 1998 entitled “Revised Rules and Regulations on the Teaching of Religion in
Public Elementary and Secondary Schools” and was reiterated in the DepEd Order No. 49, s.
2009 otherwise known as “Reiterating the Revised Rules and Regulations on the Teaching of
Religion in Public Elementary and Secondary Schools”. In this memorandum the Department of
Education stated that, “It is the declared policy of the State in conformity with the mandate of the
Constitution, to encourage and promote the teaching of religion to children in public elementary
and high schools within the regular class hours. For the State is cognizant of the vital role that
the teaching of religion assumes in citizen formation, particularly the molding of our youth.
 Bicol University
Graduate School
Legazpi City, Albay

Name: Julie Ann Estrada

Degree: Master of Arts in Social Studies Education
Subject: Seminar in Philippine Laws, Legal History, & Social Legislations
Professor: Dr. Ma. Julieta B. Borres

Hence, the State recognizes the necessity of religious instruction not only in the private school
but also in public schools.” Additionally, the memorandum laid out the procedures for teaching
religion in all public elementary and high schools across the nation, recognizing the need of
religious instruction in both public and private schools.
Therefore, the circumstance described above plainly shows that there is no proof of a
violation of the constitutional prohibition on the establishment of religion since the school
principal complied with all legal requirements.

b. the parents of evangelical Christian students, upon learning of the offer, demanded that they
too be entitled to have their children instructed in their own religious faith during class hours.
The principal, a devout Catholic, rejected the request. As counsel for the parents of the
evangelical students, how would you argue in support of their position? (10 points)

Answer:

The right to freedom of religion and belief is enshrined and protected under Article III
Section 5 of the 1987 Philippine Constitution states that “No law shall be made respecting an
establishment of religion, or prohibiting the free exercise thereof. The free exercise and
enjoyment of religious profession and worship, without discrimination or preference, shall
forever be allowed. No religious test shall be required for the exercise of civil or political rights.”

In regards to the Philippines' implementation of religious education, it is also expressly

stated in Article XIV Section 3 of the 1987 Philippine Constitution that, at the option of the
parents or guardians expressed in writing, religion shall be allowed to be taught to their children
or wards in public elementary and high schools during regular class hours by instructors
designated or authorized by the parents or guardians without incurring additional costs to the
government, and allowed by the religious authority of the religion to which the children or wards
belong. In this situation, it is clearly evident that the constitution is partial to any of religious
organization. Supported by the DepEd Order No. 13, s. 1998 entitled “Revised Rules and
Regulations on the Teaching of Religion in Public Elementary and Secondary Schools” and was
reiterated in the DepEd Order No. 49, s. 2009 otherwise known as “Reiterating the Revised
Rules and Regulations on the Teaching of Religion in Public Elementary and Secondary
Schools” this memorandum is aligned with the constitution that strictly prohibits from
impartiality or promotion of a certain religious organization.

It is clear that the principal of Bagong Buhay High School violated the rights of the
Evangelical Christian students and parents whom the request has their children instructed in their
own religious faith during class hours rejected. School Administration, the principal perse must
 Bicol University
Graduate School
Legazpi City, Albay

Name: Julie Ann Estrada

Degree: Master of Arts in Social Studies Education
Subject: Seminar in Philippine Laws, Legal History, & Social Legislations
Professor: Dr. Ma. Julieta B. Borres

be open for religious diversity among the students and be partial in all religious organization,
regardless if such religion is different from his or her belief.

2. Ms. Masikap is a BS in Accountancy student of TWP University a state university with

original charter. During her second year she enrolled in a Film Editing subject which is not
required in her curriculum. She was simply interested to learn the subject. Unfortunately, she
incurred a failing mark in the said course. During the evaluation of her records for purpose of
identifying the students who will graduate with honors, the committee found her to be
disqualified because of the failing mark. She requested for the reconsideration of her case
forwarding the defense that the failing mark was assigned to a subject which is not part of her
curriculum. After deliberation, the university academic council decided not to grant her the
honors because based on the university policy, a student with a failing grade is disqualified from
honors. Is the academic council of TWP University correct? Explain (15 points)

Answer:

Tertiary Level is the stage where students encounter additional challenges in education. It
is a qualification that can lead to increased earning potential, a wider range of opportunities,
and a more rewarding career. The notion of having the degree provides a better life in the future
is one of the reasons why students pursue college. The perseverance of Ms. Masikap is her
education is admirable, she wanted to take additional subject aligned with her interest though due
to unfortunate circumstances, she failed.

According to CHED Memo No. 40 Series of 2008 Section 112 entitled “Manual of
Regulations for Private Higher Education of 2008”, it states that higher education institution
shall adopt its own policy and criteria for the selection of students who shall be awarded
graduation honors. On the situation given, it is evident that the TWP University adopts the said
CHED Memorandum with regards to the policy and criteria for the selection of awardees for
graduation. TWP University strictly adheres to its policy that in order to be qualified for an
academic award, a student shall pass all academic subjects regardless if it is part of the
curriculum or not. It is appropriate and fair for the institution to consider the students' academic
performance to identify the students who will receive honors degrees. In the case of Ms.
Masikap, though she complied all the necessary requirements needed in her degree, she is still
disqualified from honors since she gained a failing grade. It is stated on their policy that a student
must pass all subjects he/she is enrolled in whether it is part or not of their curriculum.
 Bicol University
Graduate School
Legazpi City, Albay

Name: Julie Ann Estrada

Degree: Master of Arts in Social Studies Education
Subject: Seminar in Philippine Laws, Legal History, & Social Legislations
Professor: Dr. Ma. Julieta B. Borres

3. Be able to cite and discuss government programs that are in support of the provisions
enumerated in Article XIV. Select only one from the following groups or clustered provisions:
(10 points)

Sections 1-2; Sections 6-8; Sections 10-13; Sections 14-18;

Answer:

1987 Philippine Constitution

Article XIV, Sections 10-13

Department of Science and Technology

SECTION 10. Science and technology are essential for national development and progress. The
State shall give priority to 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.

SECTION 11. The Congress may provide for incentives, including tax deductions, to encourage
private participation in programs of basic and applied scientific research. Scholarships, grants-in-
aid, or other forms of incentives shall be provided to deserving science students, researchers,
scientists, inventors, technologists, and specially gifted citizens.

SECTION 12. The State shall regulate the transfer and promote the adaptation of technology
from all sources for the national benefit. It shall encourage the widest participation of private
groups, local governments, and community-based organizations in the generation and utilization
of science and technology.

SECTION 13. The State shall protect and secure the exclusive rights of scientists, inventors,
artists, and other gifted citizens to their intellectual property and creations, particularly when
beneficial to the people, for such period as may be provided by law.
 Bicol University
Graduate School
Legazpi City, Albay

Name: Julie Ann Estrada

Degree: Master of Arts in Social Studies Education
Subject: Seminar in Philippine Laws, Legal History, & Social Legislations
Professor: Dr. Ma. Julieta B. Borres

GOVERNMENT PROGRAMS
 Junior Level Science Scholarship (JLSS) Program
This aims to provide scholarships that will finance the education of talented and
deserving students in their third year of college and who are pursuing degree programs in the
areas of science and technology; and ensure a steady, adequate supply of qualified S&T human
resources who can steer the country towards national progress.
 RA 7687
Republic Act No. 7687, also known as the “Science and Technology Scholarship Act of
1994”, provides for scholarships to talented and deserving students whose families’ socio-
economic status does not exceed the set cut-off values of certain indicators. Qualifiers must
pursue priority fields of study in the basic sciences, engineering, other applied sciences, and
science and mathematics teaching.
 Invent School Program (ISP) - The Invent School Program (ISP)
The Invent School Program is a trademarked program of the Technology Application and
Promotion Institute that serves as a platform for the youth to awaken their true ingenuity by
stimulating their interest for creativity and inventiveness. It entails holding a seminar-workshop
at both private and public schools in collaboration with inventors' organizations, local
government units (LGUs), and non-governmental organizations (NGOs) to pique students'
interest in creativity and innovation and raise knowledge of intellectual property rights (IPR) and
protection.
 Tax and Exemption Assistance Program
The program facilitates the evaluation of a request for certification on a tax and duty
exemption application submitted by an inventor, utility producer, or industrial designer by the
Bureau of Internal Revenue (BIR) or Department of Finance.
 Technology Innovation and Commercialization (TECHNICOM) 2.0 Program
The TECHNICOM Program is focused on providing financial grants and technical
support to qualified proponents in developing and optimizing technologies in the pre-
commercialization stage to be competitive with their peers and potential competitors, thus
preparing them for eventual market launch through commercialization and utilization of
industries and publicly developed research products.
 Bicol University
Graduate School
Legazpi City, Albay

Name: Julie Ann Estrada

Degree: Master of Arts in Social Studies Education
Subject: Seminar in Philippine Laws, Legal History, & Social Legislations
Professor: Dr. Ma. Julieta B. Borres

 Invention-Based Enterprise Development (IBED) Program

IBED Program assists both male and female inventors in commercializing their ideas by
making them accessible to customers. - The program provides funding to cover pilot-scale
testing, which entails producing a product on a small scale to determine whether it is feasible
and marketable, as well as pilot or initial production, which covers the provision of raw
materials and the purchase of the tools and equipment required to make the product.