Legal Bases of Philippine Education System
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Legal
Bases of Philippine Education System
The
1987 Constitution
Article 14
·
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 rights 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 system, 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
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 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, 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 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.
3.
Equity participation in all education’s institutions. The control and
administration of educational institutions shall be 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.
4.
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.
5.
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.
Batas Pambansa Bilang
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. As provided by this Act, the national
development goals are as follows:
1. To achieve and
maintain an accelerating rate of economic development and social progress;
2. To assure 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.
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 enjoyment of the benefits of education by
all its citizen.
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
counselling services. 4.The right to access his own school records and the
confidentiality of it. 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 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 rights 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.
Rights 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 an administrative, civil and/ or criminal
proceedings, by parties other than the school authorities concerned, for
actions committed directly in the lawful discharge 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.
Special Rights and/or
Privileges of Teaching or Academic Staff (Section 11)
1.Right to be free
from compulsory assignment not related to their duties defined in their
appointments or employment contracts unless compensated thereof. (Additional
compensation Sec. 14 RA 4670 – at least 25% of his regular remuneration)
2.Right to
intellectual property
3.Teachers are
persons in authority when in lawful discharge of duties and responsibilities
shall thereof be accorded due respect and protection (Commonwealth Act No. 578)
4.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 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.
Maintenance of
Quality Education
1. Voluntary
Accreditation (Section 29)
2.Teachers and
Administrators obligations and qualifications (Sections 16 and 17)
3.Government
Financial Assistance to Private Schools (Section 41)
