Professional Documents
Culture Documents
Legal Basis of The Philippine Educational System
Legal Basis of The Philippine Educational System
Legal Basis of The Philippine Educational System
PHILIPPINE
EDUCATIONAL
SYSTEM
THE 1987 CONSTITUTIONS
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.
BATAS PAMBANSA BLG. 232
(THE EDUCATION ACT OF 1982)
•This was an act providing for the establishment
and maintenance of an integrated system of
education.
•In accordance with Section 2, 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.
BATAS PAMBANSA BLG. 232
(THE EDUCATION ACT OF 1982)
As provided by this Act, the national development goals are as
follows:
• To achieve and maintain an accelerating rate of economic
development and social progress.
• To assure the maximum participation of all the people in the
attainment and enjoyment of the benefits of such growth; and
• To achieve and strengthen national unity and consciousness and
preserve, develop and promote desirable cultural, moral and spiritual
values in changing world.
BATAS PAMBANSA BLG. 232
(THE EDUCATION ACT OF 1982)
It is also stated in Section 3 that:
• 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.
BATAS PAMBANSA BLG. 232
(THE EDUCATION ACT OF 1982)
RIGHTS OF STUDENTS IN SCHOOL (Section 9)
1. The right to receive competent instruction, relevant quality education.
2. The right to freely choose their field of study subject to the existing curricula and continue their course up
to graduation, except in cases of academic deficiency or violations of disciplinary regulations.
3. The right to school guidance and counseling services.
4. The right to access to his owns school records and the confidentiality of it.
5. The right to issuance of official certificates, diplomas, transcript of records, grades, transfer credentials and
similar document within thirty days from request.
6. The right to publish a student newspaper and invite resource persons during symposia, assemblies and
other activities.
7. The right to free expression of opinions and suggestions and to effective channels of communication with
appropriate academic and administrative bodies of the school or institutions.
8. The right to form or establish, join and participate in organizations and societies recognized by the school…,
or to form, join and maintain organizations and societies for purposes not contrary to law.
9. The right to be free from involuntary contributions except those approved by their organizations and
societies.
BATAS PAMBANSA BLG. 232
(THE EDUCATION ACT OF 1982)
RIGHT OF ALL SCHOOL PERSONNEL (Section 10)
1. Free expression of opinions and suggestions.
2. To be provided with free legal service by the appropriate government office
in case of public school personnel and the school authorities concerned in
case of private school personnel, when charged in administrative, civil and/or
criminal proceedings, by parties other than the school authorities concerned,
for actions committed directly in the lawful discharged of professional duties
and/or in defense of school policies.
3. Establish join, maintain labor organization of their choice to promote their
welfare and defend their interest.
4. To be free from involuntary contributions except those imposed by their own
organizations.
BATAS PAMBANSA BLG. 232
(THE EDUCATION ACT OF 1982)
SPECIAL RIGHTS and/or PRIVILEGES OF TEACHING OR ACADEMIC STAFF (Section 11)
• Right to be free compulsory assignment not related to their duties defined in
their appointment or employment contracts unless compensated thereof.
(additional compensation Sec. 14 R.A. 4670- at least 25% his regular
remuneration)
• Right to intellectual property………
• Teachers are persons in authority when in lawful discharge of duties and
responsibilities… shall therefore be accorded due respect and protection
(Commonwealth Act No. 578)
• Teachers shall be given opportunity to choose career alternatives for
advancements.
BATAS PAMBANSA BLG. 232
(THE EDUCATION ACT OF 1982)
RIGHTS OF ADMINISTRATORS (Section 12)
1.School administrators shall be deemed
persons in authority while in the lawful
discharge of their duties and
responsibilities…. Shall be accorded due
respect and protection (Commonwealth Act
No. 578)
BATAS PAMBANSA BLG. 232
(THE EDUCATION ACT OF 1982)
RIGHTS OF SCHOOLS (Section 13)
1. The right of their governing boards…….to adopt
and enforce administrative or management
systems.
2. The right of institutions of higher learning to
determine on academic grounds who shall be
admitted to study, who may teach, and who shall
be the subjects of the study and research.
BATAS PAMBANSA BLG. 232
(THE EDUCATION ACT OF 1982)
MAINTENANCE OF QUALITY EDUCATION
1. Voluntary Accreditation (Section 29)
2. Teachers and Administrators obligations and
qualification (Sections 176 and 17)
3. Government Financial Assistance to Private Schools
(Section 41)
OTHER LEGAL BASES
(Act No. 74)
This law was enacted on January 21, 1901 by the Philippine Commission, and
provided:
a. establishment of the Department of Public Instruction headed by the General
superintendent
b. the archipelago was divided into school divisions and districts for effective
management of the school system.
c. English was made as medium of instruction in all levels of schooling
d. optional religious instructions in all schools (Section 16)
e. establishment of a Trade school in Manila (Philippine College of Arts and Trade-
PCAT now known as Technological University of the Philippines), a school of
Agriculture in Negros, a Normal school in Manila (Philippine Normal School)
(Section 18)
• Philippine Normal School, however, was renamed Philippine Normal College (PNC)
by virtue of Republic Act No. 416 on June 18, 1949. And on December 26, 1991,
the PNC was converted to Philippine Normal University as provided by Republic
Act No. 7168.
OTHER LEGAL BASES
(Act No. 2706)
• This was known as the “Private School Law”, enacted on March 10, 1917 by
the Philippine Legislature, which made obligatory the recognition and
inspection of private schools and colleges by the Secretary of Public Instruction
so as to maintain a standard of efficiency in all private schools and colleges in
the country.
• This law was amended by Commonwealth Act No. 180 passed on November
13, 1936 which provided that:
The Secretary of Public Instruction was vested with power to “supervise,
inspect and regulate said schools and colleges in order to determine the
efficiency of instruction given in the same.”
• And all private schools come under the supervision and regulation of the
Secretary of DPI, thus eliminating “diploma mills” and substandard schools.
OTHER LEGAL BASES
(Commonwealth Act No. 1 (Amended by R.A. 9163)
• Known as the “National Defense Act” passed by the Philippine
Assembly on December 21, 1935, which provided in Section 81 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.
• By virtue of Presidential Decree 1706, issued by the late President
Marcos on August 8, 1980, otherwise known as the “National
Service Law”, Commonwealth Act No. 1 was amended, and required
all citizens to render, civic welfare service, law enforcement service
and military service.
OTHER LEGAL BASES
(Commonwealth Act No. 80)
•This law created the Office of Adult
Education on October 26, 1936, so as to
eliminate illiteracy and to give
vocational and citizenship training to
adult citizens of the country.
OTHER LEGAL BASES
(Commonwealth Act No. 578)
• Enacted on June 8, 1940, conferred the status of
“persons in authority” upon the teachers, professors,
and persons charged with the supervision of public or
duly recognized private schools, colleges and
universities.
• This Act also provided a penalty of imprisonment
ranging from six months and one day to six years and a
fine ranging from 500 to 1, 000 pesos upon any person
found guilty of assault upon those teaching personnel.
OTHER LEGAL BASES
(Commonwealth Act No. 586 (Repealed by R.A. 896)
• This is known as Education Act of 1940. It was approved on August 7, 1940 by
the Philippine Assembly.
• The law provided for the following:
a. reduction of seven- year elementary course to six- year elementary course.
b. fixing the school entrance age to seven.
c. national support of elementary education.
d. compulsory attendance in the primary grades for all children who enroll in
Grade I.
e. introduction of double- single session- one class in the morning and another
in the afternoon under one teacher to accommodate more children.
OTHER LEGAL BASES
(Commonwealth Act No. 589)
•This law, approved on August 19, 1940,
established a school ritual in all public and private
elementary and secondary schools in the
Philippines.
•The ritual consists of solemn and patriotic
ceremonies that include the singing of the
National Anthem and Patriotic Pledges.
OTHER LEGAL BASES
(Republic Act No. 139 (Repealed by R. A. 8047)
1. Enacted on June 14, 1947, and the Board of
Textbooks.
2. This law provided that all public schools must only
use books that are approved by the Board for a
period of six years from the date of their adoption.
3. The private schools may use books of their choice,
provided the Board of Textbooks has no objections
with those books.
OTHER LEGAL BASES
(Republic Act No. 896)
• Enacted on June 20, 1953 and known as the Elementary Education Act of
1953, it repealed Commonwealth Act 586 and provided for the
following:
a. restoration of Grade VII (but never implemented due to lack of
funds)
b. abolition of the double- single session and return to the former
practice of only one.
c. class under one teacher in the primary and three teachers to two
classes or five teachers to three classes in the intermediate level
d. compulsory completion of the elementary grades.
e. compulsory enrollment of children in the public schools upon attaining
seven years of age.
OTHER LEGAL BASES
(Republic Act No. 1124 (Repealed by R. A. 7722)
• Approved on June 16, 1954, this law created the Board of National
Education charged with the duty of formulating general
educational policies and directing the educational interests of the
nation.
• However, this Board which was later renamed National Board of
Education (P.D. No. 1), was abolished by 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.
OTHER LEGAL BASES
(Republic Act No. 1265 (amended by R. A. 8491)