Legal Bases of Philippine Educational System

LEGAL BASES OF THE
PHILIPPINE EDUCATIONAL
SYSTEM
JACKQUELINE ARZAGA- MALAGDAY
To review existing laws of the
Philippine Educational System;
LEARNING
To analyze the observance of the existing
OUTCOMES laws in the current educational setting;
To appreciate the importance of laws in the

Educational System.
INTRODUCTION
Legal
• Deriving from or founded on law.
• Created by the constructions of the law.
Legal Bases of the Philippine Education System

• The laws which are the bases of the PES.
• Major Laws which stipulate the current Philippine
Educational System
Think of a scenario that you
usually see or observe in your
school.
HOW'S THE (In the school ground, library)
FIELD?
Share it to the class.
TOPICS
1. 1935 Constitution Article XIV Section 5
2. 1973 Constitution Article XIV Section 8 (1-8)
3. 1987 Constitution Article XIV Section 1-5: Education, Science and Technology, Arts, Culture
And Sports
4. Batas Pambansa Blg 232 – “Education Act of 1982”
5. 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 Purpose
6. RA 4670: Magna Carta For Public School Teachers (1966)

TOPICS
1. Act No. 74
2. Act No. 2706
3. Commonwealth Act No. 1 (Amended by R.A. 9163)
4. Commonwealth Act No. 80
6. Commonwealth Act No. 586 Education Act Of 1940 (Repealed By RA 896
8. Republic Act No. 139 (Repealed By R. A. 8047)
9. Republic Act No. 896 (Repealed Commonwealth Act 586)
10. Republic Act No. 1124 (Amended by R.A. 7722)
11. Republic Act No. 1265
TOPICS
1. 1935 CONSTITUTION ARTICLE XIV SECTION 5
 The Government shall establish and maintain a complete and adequate system of
public education, and shall provide at least free public primary instruction, and
citizenship training to
adult citizens.
 All schools shall aim to develop moral character, personal discipline, civic
conscience, and vocational efficiency, and to teach the duties of citizenship.
 Optional religious instruction shall be maintained in the public

schools as now authorized by law.
 Universities established by the State shall enjoy academic freedom.
 The State shall create scholarships.

(1-8)
The State shall establish and maintain a complete, adequate, and
integrated system of education relevant to goals of national
development.
All institutions of higher learning shall enjoy academic freedom.
The study of the Constitution shall be part of the curricula in all
schools.
All educational institutions shall aim to inculcate love of country,
teach the duties of citizenship, and develop moral character,
personal discipline, and scientific, technological, and vocational
efficiency.
The State shall maintain a system of free public elementary
education
(1-8)
 The State shall provide citizenship and vocational training to adult citizens and out-
of-school youth, and create and maintain scholarships for poor and deserving
students.
 Educational institutions, other than those established by religious orders, mission

boards, and charitable organizations, shall be owned solely by citizens of the
Philippines.
 No education institution shall be established exclusively for aliens, and no group of

aliens shall comprise more than one-third of the enrolment of any school.
 Religion shall be taught to their children or wards in public elementary and high
schools as may be provided by law.
3. 1987 CONSTITUTION ARTICLE XIV Section 1-5:
EDUCATION, SCIENCE AND TECHNOLOGY, ARTS,
CULTURE
 Quality AND
education SPORTS
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)

CULTURE
 Study AND
of values. (3.2.)SPORTS
a. patriotism
b. nationalism
c. foster love of humanity
d. respect for human rights
e. appreciation of the role of national heroes in the historical development of the country,
f. teach the rights and duties of citizenship
g. strengthen ethical and spiritual values, etc.
 Optional religious instruction in public schools. (3.3.)
 Supervision and regulation of all schools. (3.4.)

CULTURE AND SPORTS
 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.)

4. BATAS PAMBANSA BLG 232 – “EDUCATION ACT OF 1982”
Aims
1. Provide for a broad general education that will assist each individual in the peculiar
ecology of his own society, to:
1.1. attain his potentials as human beings;
1.2 enhance the range and quality of individual and group participation in thebasic
functions of society, and acquire essential educational foundations of his
development into a productive and versatile citizen.
2. Train the nation’s manpower in the middle – level skills required for national
development.
3. Develop the profession that will provide leadership for the nation in the advancement
of knowledge for improving the quality of human life, and
4. Respond effectively to changing needs and conditions of the nations through a syste
educational planning and evaluation
Goals
1. Achieve and maintain an accelerating rate of economic development and
social progress;
2. Assure the maximum participation of all people in the attainment and
employment of such growth, and
3. Achieve and strengthen national unity and consciousness and preserve,
develop and promote desirable culture, moral, and spiritual values in a
changing world.
Rights and Duties of Students (Section 9)
1. Rights
1.1. Right to receive, primarily through competent instruction, relevant quality education in line with national
development goals and conducive to their full development as persons with human dignity.
1.2. Right to freely choose their field of study subject to existing course therein upto graduation, except in
cases of academic deficiency or disciplinary regulations.
1.3. Right to school guidance and counselling services.
1.4. Right of access to his own school records, the confidentiality of which the school shall maintain and
preserve.
1.5. Right to the issuance of official certificates, diplomas, transcript of records, grades, transfer credentials,
and other similar documents within thirty days of request.
1.6. Right to publish a school newspaper.
1.7. Right to free expression of opinions and suggestions and to effective channels of communication.
1.8. Right to form, establish, and join organizations.
1.9. Right to be free from involuntary contributions, except those approve by their own organizations or societies.
Right of All School Personnel (Section 10)
 Free expression of opinions and suggestions.
 Provide free legal service to public and private school personnel when charged in administrative,
civil and/or criminal proceedings for professional duties and/or defense of school policies.
 Establish join, maintain labor organization of their choice to promote their welfare and defend
their interest.
 To be free from involuntary contributions except those imposed by their own organizations.
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

Rights of Administrators (Section 12)
 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)
Rights of School (Section 13)
 The right of their governing boards…….to adopt and enforce administrative or management systems.
 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.
Maintenance of Quality Education
 Voluntary Accreditation (Section 29)

 Teachers and Administrators obligations and qualification (Sections 176 and 17)
 Government Financial Assistance to Private Schools (Section 41
5. 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
PURPOSE
 DECS (Department of Education, Culture and Sports) was renamed DEPEd
(Department of Education).
 Governance of Basic Education starts at National level, but it is in the Regional,

Division, District and School level where the policies and principles are
translated into projects, programs, and services developed, offered to fit local
needs.
 Authored by former senator Tessie Aquino – Oreta.

6. RA 4670: MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS (1966)
Coverage: All public school teachers
Eligibility:
A. Elementary School Teachers
1. BEED Graduate
2. PBET/LET Passer
B. Secondary School Teachers
1. BSE/ BSEd Graduate/ Bachelor’s Degree
2. 18 units in major subject/ 18 units of professional education subject
3. PBET/LET Passer
Rights of Teachers:
1. Right to be informed of the charges in writing.
2. Right to full access to the evidence in the case.
3. Right to defend himself and be defended by a representative of his choice.
4. Right to appeal to clearly designated authorities.
5. Right for a married couple, both of whom are school teachers, to be employed in the same locality whenever
possible.
Hours of Work and Remuneration
1. Enjoy academic freedom in the discharge of professional duties regarding teaching

and classroom methods.
2. Enjoy free physical exam and free medical treatment or hospitalization.
3. Salary scale – gradual progression from a minimum to a maximum salary by means
of regular increments, granted automatically every after three years.
4. Granting of cost of living allowance.
5. Additional compensation for service excess of 6 hours actual classroom teaching,
hardship allowance and automatic retirement promotion.
Leave and Retirement Benefits
1. Study leave (Sabbatical leave) – with pay equivalent to 60% of salary after seven
years of service.
2. Indefinite leave
3. Maternity leave with pay for 60 days.
4. Vacation leave with pay.
5. Enjoy one range salary raise upon retirement, which shall be the basis of the
retirement pay and the monthly benefits thereafter.
Teacher’s Organization
1. Freedom to organize.
2. Prohibition of discrimination against teachers.
.
OTHER LEGAL BASES OF
PHILIPPINE EDUCATIONAL SYSTEM
1. Act No. 74
This law was enacted on January 21, 1901 by the Philippine Commission, and provided:
 Establishment of the Department of Public Instruction headed by the General

superintendent
 The archipelago was divided into school divisions and districts for effective management of
the school system.
 English was made as medium of instruction in all levels of schooling
 Optional religious instructions in all schools (Section 16)
 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)
2. Act No. 2706
 Private School Law, which made recognition and inspection of private schools and colleges
by the Secretary of Public Instruction obligatory, 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.
3. Commonwealth Act No. 1 (Amended by R.A. 9163)
 The National Defense Act, 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.
 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
 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.
 Provide 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.
Education Act of 1940 (Repealed By RA 896)
The law provided for the following:
 Reduction of seven- year elementary course to six- year elementary course.
 Fixing the school entrance age to seven.
 National support of elementary education.
 Compulsory attendance in the primary grades for all children who enroll in Grade I.
 Introduction of double- single session- one class in the morning and another in the afternoon
under one teacher to accommodate more children.
 This law, 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
8. Republic Act No. 139 (Repealed By R. A. 8047)

 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.
 The private schools may use books of their choice, provided the Board of Textbooks has
no objections with those books.
9. Republic Act No. 896 (Repealed Commonwealth Act 586)
 Restoration of Grade VII (but never implemented due to lack of funds)
 Abolition of the double- single session and return to the former practice of only one
 Class under one teacher in the primary and three teachers to two classes or five teachers to
three classes in the intermediate level
 Compulsory completion of the elementary grades
 Compulsory enrollment of children in the public schools upon attaining seven years of age
 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.
 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.

 This law requires that daily flag ceremony shall be compulsory in all educational
institutions.
 It includes the singing of the Philippine National Anthem.

 This law prescribed the inclusion in the curricula of all schools, both public and private,
from elementary schools to the universities, the life, works and writings of Jose Rizal
especially the Noli Me Tangere and El Filibusterismo

 This law provided that Civil Service eligibility shall be permanent and shall have no time
limit
 Free Public Secondary Education Act of 1988
 Free public secondary education to all qualified citizens and promote quality education at all
level.
 No tuition or other fees shall be collected except fees related to membership in the school
community such I.D., student organization and publication.
 Non- payment of these shall not hinder a student from enrollment or graduation.
 Nationalization of all public secondary schools ( Section 7)
 A student who fails in majority of his academic subjects for two consecutive years could no
longer avail of their program.
PHILIPPINE EDUCATIONAL PRACTICES
AND OTHER LEGAL BASES OF EDUCATION
 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.

 Converted the Philippine Normal School into a University

 Provided a ten – year teacher education program in Special education for the
teaching of the gifted, mentally – retarded and those with behavior problems.
 Only two schools offered undergraduate in SPEd: UP COEd and CEU

 Abolished the NCEE to give the marginalized sector greater access to college
education

 Created the Center of Excellence in Teacher Education

 Stretched the school year from 185 – 200 days
 An act professionalizing the teaching profession.
 Established the Licensure Examinations for Teachers.

 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.

 An act enhancing the Philippine basic education system by strengthening its curriculum and
increasing the number of years for basic education, appropriating funds therefore and for
other purposes
References:
 https://www.officialgazette.gov.ph/constitutions/1935-constitution-ammended/#:~:text=a%20limited%20period.-,Section%
205.,citizenship%20training%20to%20adult%20citizens.
1935 Constitution of the Republic of the Philippines
 https://www.officialgazette.gov.ph/constitutions/1973-constitution-of-the-republic-of-the-philippines-2/#:~:text=not%20be
%20abridged.-,SEC.,preference%2C%20shall%20forever%20be%20allowed.
1973 Constitution of the Republic of the Philippines
 https://www.teacherph.com/legal-bases-of-philippine-educational-system/?fbclid=IwAR2G-tVoso6mvIq3i3_yzSTZDZhqEuLC
ytC2VivyAIOXfsd74ZmFPFuE1DE#:~:text=The%201987%20Philippine%20Constitution%20lays,quality%20education%20at%2
0all%20levels. Legal bases of the Philippine Educational System
 https://www.officialgazette.gov.ph/constitutions/the-1987-constitution-of-the-republic-of-the-philippines/the-1987-constit
ution-of-the-republic-of-the-philippines-article-xiv/
Article XIV Education, Science And Technology, Arts, Culture And Sports
 https://emmalingat04.wordpress.com/2015/07/21/legal-bases-of-education-in-the-philippines-and-functions-of-ched-depe
d-and-tesda/
. Legal Bases of Education in the Philippines and Functions of CHED, DEPED and TESDA
 Https://Www.Studocu.Com/Ph/Document/Bataan-peninsula-state-university/Philosophy-of-education/Legal-foundations-
of-education/31867983
 https://www.officialgazette.gov.ph/2013/05/15/republic-act-no-10533/.Republic Act No. 10533.Enhanced Basic Education
Act of 2013”.
LET’S WRAP THINGS UP!
o Mention at least 2-3 legal bases of the PES that you
remember from the current discussion.
o Make an analysis by setting example/s whether there is

a rigid observance of that particular law in your
school.
Q and A!
1. Did you observe some development/s and revision/s
in certain laws related to Philippine Education? If
your answer is yes, mention some examples.
2. Why is it important to have legal bases in the
Educational System?
3. How would you use your knowledge on the PES in
your teaching profession?
REFLECTION
o Legal bases in Philippine Educational System were promulgated to promote
the rights of all Filipino citizens to quality education that is free and
accessible.
o Legal bases in PES serves as the foundation of the Educational System that
we have today. These were made to create a systematic educational setting
that were solely based on various laws.
o Laws governing PES were also amended and modified to adapt to the
global educational trends that equips Filipino citizens ad students to be
globally competitive.

Legal Bases of Philippine Educational System

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Legal Bases of Philippine Educational System

Uploaded by

Copyright:

Available Formats

LEGAL BASES OF THE

To appreciate the importance of laws in the

Legal Bases of the Philippine Education System

2. 1973 Constitution Article XIV Section 8 (1-8)

4. Batas Pambansa Blg 232 – “Education Act of 1982”

5. RA 9155: An Act Instituting a Framework of Governance for Basic Education, Establishing

6. RA 4670: Magna Carta For Public School Teachers (1966)

 Optional religious instruction shall be maintained in the public

 Universities established by the State shall enjoy academic freedom.

 The State shall create scholarships.

 Educational institutions, other than those established by religious orders, mission

 No education institution shall be established exclusively for aliens, and no group of

 Complete, adequate, and integrated relevant education. (2.1.)

 Scholarship grants, loans, subsidies and other incentives to deserving students in

 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)

 Optional religious instruction in public schools. (3.3.)

 Supervision and regulation of all schools. (3.4.)

 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.)

 Free expression of opinions and suggestions.

 Right to intellectual property.

 Teachers shall be given opportunity to choose career alternatives for advancements

Rights of School (Section 13)

Maintenance of Quality Education

 Voluntary Accreditation (Section 29)

 Governance of Basic Education starts at National level, but it is in the Regional,

 Authored by former senator Tessie Aquino – Oreta.

Hours of Work and Remuneration

1. Enjoy academic freedom in the discharge of professional duties regarding teaching

 Establishment of the Department of Public Instruction headed by the General

 English was made as medium of instruction in all levels of schooling

 Optional religious instructions in all schools (Section 16)

 The National Defense Act, which provided in Section 81 that:

5. Commonwealth Act No. 578

 Fixing the school entrance age to seven.

 National support of elementary education.

8. Republic Act No. 139 (Repealed By R. A. 8047)

 Restoration of Grade VII (but never implemented due to lack of funds)

 Compulsory completion of the elementary grades

11. Republic Act No. 1265 (Amended by R.A. 8491)

 It includes the singing of the Philippine National Anthem.

13. Republic Act No. 1079

 Nationalization of all public secondary schools ( Section 7)

16. Republic Act No. 7168

17. Republic Act No. 5250

 Only two schools offered undergraduate in SPEd: UP COEd and CEU

19. Republic Act No. 7743

20. Republic Act No. 7791

 Established the Licensure Examinations for Teachers.

22. Republic Act No. 10157

23. Republic Act No. 10533

o Make an analysis by setting example/s whether there is

You might also like