LEGAL BASES FOUNDATIONS OF EDUCATION 1987

1987 Constitution and Batas Pambansa

1. LEGAL BASES OF PHILIPPINE EDUCATION: 1987 CONSTITUTION MERCADO, RAINA GAIL B. PRESENTER

2. Learning Objectives: Discuss the five (5) sections under Article XIV of 1987 Constitution that pertains to the legal bases of education in the Philippines. Present real-life contexts where these legal bases are pedagogically applied. Analyze if these sections under Article XIV are being exercised in the Philippine educational settings.

3. Major Legal Bases 1. 1935 CONST. Article XIV Section 5 2. 1973 CONST. Article XV Section 8 (1-8) 3. 1987 CONST. Article XIV Sections 1-5(5)

4. ARTICLE XIV 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.

5. ARTICLE XIV 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 rights of parents to rear their children, elementary education is compulsory for all children of school age.

6. (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 under-privileged; ARTICLE XIV Section 2

7. (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. ARTICLE XIV Section 2

8. What particular government agency in the Philippines provides technical and vocational trainings?

9. ARTICLE XIV Section 3 (1) All educational institutions shall include the study of the Constitution as part of the curricula. (2) 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. (3) 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.

10. ARTICLE XIV 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. The control and administration of educational institutions shall be vested in citizens of the Philippines.

11. What are the potential predicaments if an educational institution in the Philippines has been taken over primarily by foreigners, especially its administration?

12. 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 sub section shall not apply to schools established for foreign diplomatic personnel and their dependents and, unless otherwise provided by law, for other foreign temporary residents. ARTICLE XIV Section 4

13. (3) All revenues and assets of non-stock, non-profit educational institutions used actually, directly, and exclusively for educational purposes shall be exempt from taxes and duties. Upon the dissolution or cessation of the corporate existence of such institutions, their assets shall be disposed of in the manner provided by law. Proprietary educational institutions, including those cooperatively owned, may likewise be entitled to such exemptions, subject to the limitations provided by law, including restrictions on dividends and provisions for reinvestment. (4) Subject to conditions prescribed by law, all grants, endowments, donations, or contributions used actually, directly, and exclusively for educational purposes shall be exempt from tax. ARTICLE XIV Section 4

14. ARTICLE XIV 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.

15. What do you think are the needs of your school? Does the State provide sufficient support to attend to these needs?

16. (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. ARTICLE XIV Section 5

17. The DBM Secretary said that of the total amount, P758.6 billion was allotted for the Department of Education (DepEd), while P31.0 billion for the Commission on Higher Education (CHED). She further revealed that P15.2 billion had been provided for the Technical Education and Skills Development Authority (TESDA) and P105.6 billion for the 116 State Universities and Colleges (SUCs), among others.

18. Get Started\ Ms. Raina Gail B. Mercado Presenter Batas Pambansa 232

19. MiMi l0v3 J0nazsh

20. Learning Objectives Explain the implications of these laws to the whole educational community Discuss the most essential sections under the Batas Pambansa or Education Act of 1982 Explain the implications of these laws to the whole educational community Provide situations in which the articles are complied with

21. II. The Educational Community Chapter 1 Preliminary Provisions

22. SECTION 6. DEFINITION AND COVERAGE Parents Students and Pupils School Personnel A. Teaching or Academic Staff B. School Administrators C. Academic Non-Teaching Personnel D. Non-Academic Personnel 4. Schools

23. Every educational institution shall provide for the establishment of appropriate bodies through which the members of the educational community may discuss relevant issues, and communicate information and suggestions for assistance and support of the school and for the promotion of their common interest. SECTION 7. COMMUNITY PARTICIPATION

24. II. The Educational Community Chapter 2 Rights

25. 1. The right to organize by themselves and/or with teachers for the purpose of providing a forum for the discussion of some matters ... 2. The right to access to any official record directly relating to the children who are under their parental responsibility. Section 8. Rights of Parents

26. 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 chose their field of study subject to existing curricula and to continue their course therein up to graduation ... Section 9. Rights of Students in School

27. 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. Section 9. Rights of Students in School

28. 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. 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. Section 9. Rights of Students in School

29. 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. Section 9. Rights of Students in School

30. 9. The right to be free from involuntary contributions, except those approved by their own organizations or societies. Section 9. Rights of Students in School

31. 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 Section 10. Rights of School Personnel

32. 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 10. Rights of School Personnel

33. 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. Section 11. Special Rights and/or Privileges of Teaching or Academic Staff

34. 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. Section 11. Special Rights and/or Privileges of Teaching or Academic Staff 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.

35. School administrators shall be deemed persons in authority while in the discharge of lawful duties and responsibilities, and shall therefore be accorded due respect and protection. Section 12. Rights of School Administration

36. 1. The right of their governing boards or lawful authorities to provide for the proper governance of the school and to adopt and enforce administrative or management systems. 2. The right for institutions of higher learning to determine on academic grounds who shall be admitted to study, who may teach, and what shall be subjects of the study and research. Section 13. Rights of School

37. II. The Educational Community Chapter 3 Duties and Obligations

38. 1. Parents shall be obliged to enable their children to obtain elementary education and shall strive to enable them to obtain secondary and higher education in the pursuance of the right formation of the youth. Section 14. Duties of Parents 2. Parents shall cooperate with the school in the implementation of the school program curricular and co-curricular.

39. 1. Exert his utmost to develop his potentialities for service, particularly by undergoing an education suited to his abilities, in order that he may become an asset to his family and to society. 2. Uphold the academic integrity of the school, endeavor to achieve academic excellence and abide by the rules and regulations governing his academic responsibilities and moral integrity. Section 15. Duties and Responsibilities of Students

40. 3. Promote and maintain the peace and tranquility of the school by observing the rules and discipline, and by exerting efforts to attain harmonious relationships with fellow students, the teaching and academic staff and other school personnel. 4. Participate actively in civic affairs and in the promotion of the general welfare, particularly in the social, economic and cultural development of his community and in the attainment of a just, compassionate and orderly society. Section 15. Duties and Responsibilities of Students

41. 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. Section 16. Teacher's Obligations

42. 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. Section 16. Teacher's Obligations

43. 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. Section 16. Teacher's Obligations

44. 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 administration and management of the school. Section 17. School Administrator's Obligations

45. 3. Develop and maintain a healthy school atmosphere conducive to the promotion and preservation of academic freedom and effective teaching and learning, and to harmonious and progressive school-personnel relationship. 4. Assume and maintain professional behavior in his work and in dealing with students, teachers, academic non-teaching personnel, administrative staff, and parents or guardians. Section 17. School Administrator's Obligations

46. 5. Render adequate reports to teachers, academic non-teaching personnel and non-academic staff on their actual performance in relation to their expected performance and counsel them on ways of improving the same. 6. Observe due process, fairness, promptness, privacy, constructiveness and consistency in disciplining his teachers and other personnel. Section 17. School Administrator's Obligations

47. 7. Maintain adequate records and submit required reports to the Ministry of Education, Culture and Sports. Section 17. School Administrator's Obligations

48. 1. Improve himself professionally be keeping abreast of the latest trends and techniques in his profession. 2. Assume, promote and maintain an atmosphere conducive to service and learning. Section 18. Obligations of Academic Non-Teaching Personnel

49. III. Educational Systems Chapter 1 Formal Education

50. Section 20. Formal Education Elementary Secondary Tertiary 1 2 3

51. III. Educational Systems Chapter 2 Non-Education and Specialized Educational Services

52. Section 24. Specialized Educational Services Work Education/ Special Arts Special Education Non-formal Education 1 2 3

53. III. Educational Systems Chapter 3 Establishment of Schools

54. 2019 - 2020 Section 29. Voluntary Accreditation - The Ministry shall encourage programs of voluntary accreditation for institution which desire to meet standards of quality over and above minimum required for State recognition.

55. III. Educational Systems Chapter 5 School Finance and Assistance

56. Share of Local Government A. Funding of Public Schools National Funds

57. Tuition and other School Fees Income from other Sources A. Funding of Public Schools Special Education Fund

58. B. Funding of Private Schools Section 41. Government Assistance Section 42. Tuition and Other Fees Section 43. Income from Other Sources Section 44. Institutional Funds

59. Section 52. Grant of Scholarship Pursuant to Existing Laws Section 53. Assistance from the Private Sector C. Assistance to Students Section 51. Government Assistance to Students

60. Batas Pambansa 232 https://leb.gov.ph/wp-content/uploads/2018/01/LEBMEMO-Book-Education-Act-of-1982-Final-Draft.pdf References

61. Ms. Raina Gail B. Mercado Presenter Thank you for listening!

62. EXECUTIVE ORDER NO. 117, s. 1987 (Reorganization of DECS)

63. Formulation, planning, implementation, and coordination of the policies, plans, programs, and projects in the areas of formal and non-formal education at all levels: elementary, secondary, higher, technical-vocational, non-formal, sports and culture. Supervise all educational institution, both public and private Provide for the establishment and maintenance of a complete, adequate, and integrated system of education relevant to the goals of the national development. DEPARTMENT OF EDUCATION, CULTURE AND SPORTS (DECS)

64. With the passage of RA 7722 creating the Commission on Higher Education (CHED) and the RA 7796 creating Technical Education and Skills Development Authority (TESDA), the function and responsibilities of the Bureau of Higher Education and Technical and Vocational Education were transferred to these two entities. The CHED and TESDA are independent and separate entities from the DECS. Main Mission/Goal: To gear higher education towards the pursuit of better quality of life for all Filipinos

65. In 1994, the Commission on Higher Education (CHED) was created to govern mainly the higher education or otherwise known as the tertiary education. Main mission: To gear higher education towards the pursuit of better quality of life for all Filipinos. It shall accelerate the development of high-level professionals. In sec. 2 of RA 7722, The state shall protect, foster, promote the right of all citizens to affordable quality education at all levels. The state shall likewise ensure and protect academic freedom State-supported institutions of higher learning shall gear their programs to national, regional, or local development plans. Finally, all institution of higher learning shall exemplify the dignity and beauty of the intellectual and scholarly life. Commission on Higher Education (CHED)

66. Thank you! 