Legal Bases of The Philippine Educational System - TeacherPH
Legal Bases of The Philippine Educational System - TeacherPH
Legal Bases of The Philippine Educational System - TeacherPH
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The 1987 Philippine Constitution lays down the foundation of the Philippine education
system and protects the right of all citizens to quality education at all levels. Table 3
summarizes significant reforms enacted into law toward the attainment of Constitutional
provisions, national goals, and international commitments for SDG 2030.
Table of Contents
Major Legal Bases of the Philippine Educational System
The 1987 Constitutions
Batas Pambansa Blg. 232 (The Education Act of 1982)
Rights of Students in School (Section 9)
Right of All School Personnel (Section 10)
Special Rights And/or Privileges of Teaching or Academic Staff (Section 11)
Rights of Administrators (Section 12)
Rights of Schools (Section 13)
Maintenance of Quality Education
Other Legal Bases
1. Act No. 74
2. Act No. 2706
3. Commonwealth Act No. 1 (Amended by R.A. 9163)
4. Commonwealth Act No. 80
5. Commonwealth Act No. 578
6. Commonwealth Act No. 586 (Repealed by R.A. 896)
7. Commonwealth Act No. 589
8. Republic Act No. 139 (Repealed by R. A. 8047)
9. Republic Act No. 896
10. Republic Act No. 1124 (Repealed by R. A. 7722)
11. Republic Act No. 1265 (amended by R. A. 8491)
12. Republic Act No. 1425
13. Republic Act No. 4670
14. Republic Act No. 1079
15. Republic Act No. 6655
Section 1. The state shall protect and promote the right of all the citizens to quality
education at all levels and shall take appropriate steps to make such education accessible
to all.
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 efficiency.
3. At the option expressed in writing by the parent or guardians, religion shall be
allowed to be taught to their children or wards in the 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, additional
cost to the Government.
Section 4.
1. The state recognizes the complementary roles of the 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 allowed 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 vested in citizens of the Philippines. 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.
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.
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.
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.
b. the archipelago was divided into school divisions and districts for effective
management of the school system.
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.
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.
“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 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.
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.
The ritual consists of solemn and patriotic ceremonies that include the singing of the
National Anthem and Patriotic Pledges.
The private schools may use books of their choice, provided the Board of Textbooks has
no objections with those books.
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
e. compulsory enrollment of children in the public schools upon attaining seven years of
age.
However, this Board which was later renamed National Board of Education (P.D. No. 1),
was abolished bu 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.
a. Free public secondary education to all qualified citizens and promote quality education
at all level.
b. No tuition or other fees shall be collected except fees related to membership in the
school community such I.D., student organization and publication.
c. Non- payment of these shall not hinder a student from enrollment or graduation.
e. A student who fails in majority of his academic subjects for two consecutive years
could no longer avail of their program.
READ: A History of the System of Education in the Philippines – Its Implication for the
Present Generation
Anjhella
hi po! thank you for this information, it is very helpful. may i ask po if there is a law
that could help bring the teaching profession to a successful conclusion, given the
current state of teachers?
Reply
Maximo
Reply
Mark
Reply
Thank you so so much! This is really helpful for our Legal bases timeline. Thank
you❣️
Reply
Sophia Woods
Same question
Reply
Chris Cabilos
I have a question, these legal bases and legislations, is it still present in 21st
century?
Reply
Reply
Vinchita G. Quinto
Reply
JOY
Reply
Daisy Lynn
I am granted a full scholarship by the CHED. However, The agency head will not
allow me to go on study leave. do i have a case against the him?
Reply
Loida Bongado
Hello, can a principal transfer you to other grade level even if you re teaching in
that level for 20 years without valid reasons just because the principal does not
like you.
Reply
Reply
Row Man
Great help! I just want to know if the Principal’s rights and prerogative is enough
reason to give a new designation to a teacher handling previous position for
almost 4years. I am a Guidance Teacher for 3 years and designated Guidance
Coordinator for 1 year by our previous school principal then July this year new
principal came. September 30 he called a meeting in our department to announce
that I’ll be transferring to the school library. I asked him in a respectable manner
“why are you going to transfer me in the library sir?”. He answered me “Its my right
and prerogative”. I asked him again “Sir, is it fair that I handled Guidance for
almost 4 years and yet there’s a new designated teacher that will be staying at the
Guidance.” He explained again “we are not talking fairness here.” Do I have the
right to appeal since he is the principal and have the right to designate?
Reply
Sheila Diendo-Pecaoco
Hello! I’d like to ask for some help… what provision is that which allows/qualifies
secondary school teachers to teach elementary? Please reply. Thanks you and
God bless!
Reply
Ana Fe Arana-Cajustin
Thanks Mark! you’ve made our research for our doctoral report easier! Thank you
so much for your generosity!
Reply
Antimony
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