Other Related Laws To Education 1

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Other Related Laws to

Education
1) Article XIV of the 1987 Philippine Constitution
2) Republic Act 232
3) Republic Act No. 8491
4) Republic Act 7877
5) Republic Act 8190 “Granting Priority to Residents of the barangay, Municipality or City where the
School is Located in the Appointment or Assignment of Classroom Public School Teachers”
6) Republic Act 10533 “Enhanced Basic Education Act of 2013”
7) Republic Act No. 11394 “An Act Mandating Public and Private Educational Institutions to Provide
Neutral Desks to Students”
Article XIV of the 1987
Philippine Constitution
 Provides the general framework for education in the country.
 It shows how the state recognizes the importance of
education, science and technology, cultural development, and
sports and wellness in the life of the state and of the people.
Section 1
• 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 The State shall:
1) Establish, maintain, and support a complete, adequate, and integrated system of
education relevant to the needs of the people and society;
2) Establish and maintain a system of free public education in the elementary and high
school levels. Without limiting the natural right of parents to rear their children,
elementary education is compulsory for all children of school age;
3) Establish and maintain a system of scholarship grants, student loan programs,
subsidies, and other incentives which shall be available to deserving students in both
public and private schools, especially to the underprivileged;
4) Encourage non-formal, informal, and indigenous learning systems, as well as self-
learning, independent, and out-of-school study programs particularly those that
respond to community needs; and
5) Provide adult citizens, the disabled, and out-of-school youth with training in civics,
vocational efficiency, and other skills.
Section 3
• All educational institutions shall include the study of the Constitution as
part of the curricula.
• They shall inculcate patriotism and nationalism, foster love of humanity,
respect for human rights, appreciation of the role of national heroes in
the historical development of the country, teach the rights and duties of
citizenship, strengthen ethical and spiritual values, develop moral
character and personal discipline, encourage critical and creative
thinking, broaden scientific and technological knowledge, and promote
vocational efficiency.
• At the option expressed in writing by the parents or guardians, religion
shall be allowed to be taught to their children or wards in public
elementary and high schools within the regular class hours by
instructors designated or approved by the religious authorities of the
religion to which the children or wards belong, without additional cost to
the Government.
Section 4
1) The State recognizes the complementary roles of 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 owned 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.
3) The control and administration of educational institutions shall be vested in
citizens of the Philippines.
4) 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.
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.
Section 6-9 Language
Section 6
1) The national language of the Philippines is Filipino. As it evolves, it shall be further developed and enriched on the
basis of existing Philippine and other languages.
2) Subject to provisions of law and as the Congress may deem appropriate, the Government shall take steps to initiate
and sustain the use of Filipino as a medium of official communication and as language of instruction in the
educational system.
Section 7
3) For purposes of communication and instruction, the official languages of the Philippines are Filipino and, until
otherwise provided by law, English.
4) The regional languages are the auxiliary official languages in the regions and shall serve as auxiliary media of
instruction therein.
5) Spanish and Arabic shall be promoted on a voluntary and optional basis.
Section 8
• This Constitution shall be promulgated in Filipino and English and shall be translated into major regional languages,
Arabic, and Spanish.
Section 9
• The Congress shall establish a national language commission composed of representatives of various regions and
disciplines which shall undertake, coordinate, and promote researches for the development, propagation, and
preservation of Filipino and other languages.
Section 10-13 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.
Section 14-18 Arts and Culture
Section 14
• The State shall foster the preservation, enrichment, and dynamic evolution of a Filipino national culture
based on the principle of unity in diversity in a climate of free artistic and intellectual expression.
Section 15
• Arts and letters shall enjoy the patronage of the State. The State shall conserve, promote, and popularize
the nation’s historical and cultural heritage and resources, as well as artistic creations.
Section 16
• All the country’s artistic and historic wealth constitutes the cultural treasure of the nation and shall be under
the protection of the State which may regulate its disposition.
Section 17
• The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve
and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of
national plans and policies.
Section 18
1. The State shall ensure equal access to cultural opportunities through the educational system, public or
private cultural entities, scholarships, grants and other incentives, and community cultural centers, and other
public venues.
2.The State shall encourage and support researches and studies on the arts and culture.
Section 19 Sports

• The State shall promote physical education and encourage sports


programs, league competitions, and amateur sports, including training
for international competitions, to foster self-discipline, teamwork, and
excellence for the development of a healthy and alert citizenry.

• All educational institutions shall undertake regular sports activities


throughout the country in cooperation with athletic clubs and other
sectors.
Republic Act 232
 Otherwise known as the Education Act of 1982, was signed into law by the
President of the Philippines Ferdinand E. Marcos.
 An Act Providing for the Establishment and Maintenance of an Integrated
System of Education
Section 3
• It is the policy of the State to establish and maintain a complete,
adequate and integrated system of education relevant to the goals of
national development. Toward this end, the government shall ensure,
within the context of a free and democratic system, maximum
contribution of the educational system to the attainment of the
following national developmental goals:
1. To achieve and maintain an accelerating rate of economic
development and social progress;
2. To ensure the maximum participation of all the people in the
attainment and enjoyment of the benefits of such growth; and
3. To achieve and strengthen national unity and consciousness and
preserve, develop and promote desirable cultural, moral and spiritual
values in a changing world.
Section 3
• It is 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 enjoyment of the
benefits of education by all its citizens.
• The state shall promote the right of the nation's cultural communities in
the exercise of their right to develop themselves within the context of
their cultures, customs, traditions, interest and belief, and recognizes
education as an instrument for their maximum participation in national
development and in ensuring their involvement in achieving national
unity.
Section 4
The educational system aims to:
1. Provide for a broad general education that will assist each individual in the
peculiar ecology of his own society, to
(a) attain his potentials as a human being;
(b) enhance the range and quality of individual and group participation in the basic
functions of society; and
(c) acquire the essential educational foundation of his development into a productive
and versatile citizen;
2. Train the nation's manpower in the middle-level skills 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 nation through a
system of educational planning and evaluation.
Section 4
The educational system aims to:

Towards the realization of these objectives, and pursuant to


the Constitution, 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.
Furthermore, the educational system shall reach out to
educationally deprived communities, in order to give
meaningful reality to their membership in the national society,
to enrich their civic participation in the community and
national life, and to unify all Filipinos into a free and just
nation.
Section 5
 It is likewise declared government policy to foster, at all times, a spirit of shared
purposes and cooperation among the members and elements of the educational
community, and between the community and other sectors of society, in the realization
that only in such an atmosphere can be true goals and objectives of education be
fulfilled.
 Moreover, the State shall:
1) Aid and support the natural right and duty of parents in the rearing of the youth
through the educational system.
2) Promote and safeguard the welfare and interest of the students by defining their rights
and obligations, according them privileges, and encouraging the establishment of
sound relationships between them and the other members of the school community.
3) Promote the social economic status of all school personnel, uphold their rights, define
their obligations, and improve their living and working conditions and career
prospects.
4) Extend support to promote the viability of those institutions through which parents,
students and school personnel seek to attain their educational goals.
Section 8. Rights of Parents
In addition to other rights under existing laws, all parents who
have children enrolled in a school have the following rights:
1. The right to organize by themselves and/or with teachers for the
purpose of providing a forum for the discussion of matters relating
to the total school program, and for ensuring the full cooperation of
parents and teachers in the formulation and efficient
implementation of such programs.
2. The right to access to any official record directly relating to the
children who are under their parental responsibility.
Section 9. Right of Students in School
In addition to other rights, and subject to the limitation prescribed by law and
regulations, and student and pupils in all schools shall enjoy the following rights:
1) The right to receive, primarily through competent instruction, relevant quality
education in line with national goals and conducive to their full development as
person with human dignity.
2) The right to freely choose their field of study subject to existing curricula and to
continue their course therein up to graduation, except in cases of academic
deficiency, or violation of disciplinary regulations.
3) The right to school guidance and counseling services for decisions and selecting
the alternatives in fields of work suited to his potentialities.
4) The right of access to his own school records, the confidentiality of which the
school shall maintain and preserve.
5) The right to the issuance of official certificates, diplomas, transcript of records,
grades, transfer credentials and other similar documents within thirty days from
request.
Section 9. Right of Students in School
6)The right to publish a student newspaper and similar publications, as
well as the right to invite resource persons during assemblies,
symposia and other activities of similar nature.
7)The right to free expression of opinions and suggestions, and to
effective channels of communication with appropriate academic
channels and administrative bodies of the school or institution.
8)The right to form, establish, join and participate in organizations and
societies recognized by the school to foster their intellectual, cultural,
spiritual and physical growth and development, or to form, establish,
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 own he organizations or societies.
Section 10. Rights of all School Personnel
In addition to other rights provided for by law, the following rights shall be
enjoyed by all school personnel:
1) The right to free expression of opinion and suggestions, and to effective
channels of communication with appropriate academic and administrative bodies
of the school or institution.
2) The right to be provided with free legal service by the appropriate government
office in the case of public school personnel, and through the school authorities
concerned in the case of private school personnel, when charged in an
administrative, civil and/or criminal proceedings by parties other than the school
or regulatory authorities concerned for actions committed directly in the lawful
discharge of professional duties and/or in defense of school policies.
3) The right to establish, join and maintain labor organizations and/or professional
and self-regulating organizations of their choice to promote their welfare and
defend their interests.
4) The right to be free from involuntary contributions except those imposed by their
own organizations.
Section 11. Special Rights and/or Privileges of Teaching or Academic
Staff
Further to the rights mentioned in the preceding Section, every
member of the teaching or academic staff shall enjoy the following rights
and/or privileges:
1) The right to be free from compulsory assignments not related to their
duties as defined in their appointments or employment contracts,
unless compensated therefor, conformably to existing law.
2) The right to intellectual property consistent with applicable laws.
3) Teachers shall be deemed persons in authority when in the
discharge of lawful duties and responsibilities, and shall, therefore,
be accorded due respect and protection.
4) Teachers shall be accorded the opportunity to choose alternative
career lines either in school administration, in classroom teaching, or
others, for purposes of career advancement.
Section 16. Teacher's Obligations
Every teacher shall:
1. Perform his duties to the school by discharging his responsibilities in accordance
with the philosophy, goals, and objectives of the school.
2. Be accountable for the efficient and effective attainment of specified learning
objectives in pursuance of national development goals within the limits of available
school resources.
3. Render regular reports on performance of each student and to the latter and the
latter's parents and guardians with specific suggestions for improvement.
4. Assume the responsibility to maintain and sustain his professional growth and
advancement and maintain professionalism in his behavior at all times.
5. Refrain from making deductions in students' scholastic rating for acts that are
clearly not manifestations of poor scholarship.
6. Participate as an agent of constructive social, economic, moral, intellectual,
cultural and political change in his school and the community within the context of
national policies.
Republic Act No. 8491

An Act Prescribing the Code of the National Flag, Anthem, Motto,


Coat-of-Arms and Other Heraldic Items and Devices of the
Philippines

Approved on February 12, 1998 by the Philippines of the


Philippines, Fidel V. Ramos
Section 1. Short Title
• This act shall be known as the “Flag and Heraldic Code of the
Philippines.”

Section 2. Declaration of Policy


• Reverence and respect shall at all times be accorded the flag, the
anthem and other national symbols which embody the national
ideals and traditions and which express the principles of
sovereignty and national solidarity. The heraldic items and devices
shall seek to manifest the national virtues and to inculcate in the
minds and hearts of our people a just pride in their native land,
fitting respect and affection for the national flag and the anthem,
and the proper use of the national motto, coat-of-arms, and other
heraldic items and devices.
C. Conduct of Flag Raising Ceremony
Section 18
• All government offices and educational institutions shall henceforth observe the
flag-raising ceremony every Monday morning and the flag lowering ceremony
every Friday afternoon. The ceremony shall be simple and dignified and shall
include the playing or singing of the Philippine National Anthem.

Section 20
• The observance of the flag ceremony in official or civic gatherings shall be simple
and dignified and shall include the playing or singing of the anthem in its original
Filipino lyrics and march tempo.

Section 22
• During the flag lowering, the flag shall be lowered solemnly and slowly so that the
flag shall be down the mast at the sound of the last note of the anthem. Those in
the assembly shall observe the same deportment or shall observe the same
behavior as for the flag-raising ceremony.
F. Pledge to the Flag
Section 25
• The following shall be the pledge of allegiance to the Philippine Flag:
Ako ay Filipino
Buong katapatang nanunumpa
Sa watawat ng Pilipinas
At sa bansang sinasagisag
Na may dangal, katarungan, at Kalayaan
Na pinakikilos ng sambayanang
Maka-Diyos, Makatao, Makakalikasan, at Makabansa.
Such pledge shall be recited while standing with the right hand palm open
raised shoulder high. Individuals whose faith or religious beliefs prohibit
them from making such pledge must nonetheless show full respect when
the pledge is being rendered by standing at attention.
F. Flag Days
Section 26
• The period from May 28 to June 12 of each year is
declared as Flag Days, during which period all offices,
agencies and instrumentalities of government, business
establishments, institutions of learning and private
homes are enjoined to display the flag.
Republic Act 7877
Anti-Sexual Harassment Act of 1995
What is Sexual Harassment?
Under RA 7877, work, education, or training related sexual
harassment is “committed by an employer, employee,
manager, supervisor, agent of the employer, teacher,
instructor, professor, coach, trainer, or any person who,
having authority, influence or moral ascendancy over another
in a work or training or education environment, demands,
requests or otherwise requires any sexual favor from the
other, regardless of whether the demand, request or
requirement for submission is accepted or not by the object
of said act.”
How is work-related sexual harassment committed?
1.The sexual favor is made as a condition in the hiring or in the
employment, re-employment or continued employment of said
individual, or in granting said individual favorable
compensation, terms, conditions, promotions, or privileges; or
refusal to grant the sexual favor results in limiting, segregating
or classifying the employee which in any way would
discriminate, deprive or diminish employment opportunities or
otherwise adversely affect said employee.
2.The above acts would impair the employee’s rights or privileges
under existing labor laws; or
3.The above acts would result in an intimidating, hostile or
offensive environment for the employee.
How is education or training-related sexual
harassment committed?
1) Against one who is under the care, custody or supervision of the
offender;
2) Against one whose education, training, apprenticeship, or tutorship is
entrusted to the offender;
3) When the sexual favor is made a condition to the giving of a passing
grade, or granting of honors and scholarships, or the payment of a
stipend, allowance or other benefits, privileges, or considerations; or
4) When the sexual advances result in an intimidating, hostile or offensive
environment for the student, trainee or apprentice.
5) A person who directs or induces another person to commit any act of
sexual harassment or who cooperates to commit the act,
without which the said act would not have been committed,
will also be held liable under the law.
What is the duty of the employer or head of office in
a work or education/training environment?
• The employer or head of office is required by the law to prevent the
occurrence of sexual harassment acts and to provide the procedures for
the resolution, settlement or prosecution of sexual harassment. Towards
this end, the employer or head of office shall:
1) Promulgate appropriate rules and regulations in consultation with and
jointly approved by the employees or student or trainees, through their
duly designated representatives. Said rules and regulations shall
prescribe the procedures for the investigation of sexual harassment
cases and the administrative sanctions thereof.
2) The said rules and regulations should include guidelines on proper
decorum in the workplace and educational or training institutions.
What are the penalties for offenders?
 Any person who violates the provisions of the law shall be
penalized by imprisonment of not less than one (1) month
nor more than six (6) months, or a fine of not less than Ten
Thousand Pesos (P10,000) nor more than Twenty
Thousand Pesos (P20,000), or both such fine and
imprisonment at the discretion of the court.

 Any act arising from the violation of the provisions of this


Act shall prescribe in three (3) years.

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