Subject: Legal Foundations of Philippine Education

Code: EA 103
Discussant: Princess Camille B. Llovit
Professor: Dr. Romeo Sta. Maria Egot

THE EDCOM REPORT AS A COMPREHENSIVE LEGAL REPORT ON THE PRESENT STATE OF THE
PHILIPPINE EDUCATION

BATAS PAMBANSA 232 or THE EDUCATION ACT OF 1982

I. Introduction
Realizing one's potential is the essence of education. In this regard, a law
was created that outlines the creation and upkeep of an integrated school. This law grants
us the privileges and rights to receive the kind of education we require. This includes the
obligations, privileges, and duties related to education. It also refers to educational goals
and practices with reference to high-quality instruction.
Batas Pambansa Blg. 232, or better known as the Education Act of 1982
gives the most recent and detailed guidance on parental obligations, rights, and rights in
connection to education. The laws' provisions under Rules 11 and 111 will improve the
promotion of discipline in educational settings. 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.
II. Discussion
BATAS PAMBANSA 232 or The Education Act of 1982 was promulgated on
September 11, 1982, an act providing for the establishment and maintenance of an
integrated system of education.

I. GENERAL PROVISIONS

CHAPTER 1
Preliminary Matters

Section 1. Title - This Act shall be known as the "Education Act of 1982."

Section 2. Coverage - This Act shall apply to and govern both formal and non-formal systems in
public and private schools in all levels of the entire educational system.

Llovit, Princess Camille B.

Batas Pambansa Blg. 232 or the Education Act of 1892
 CHAPTER 2
Declaration of Basic State Policy and Objectives

Section 3. Declaration of Basic Policy - It is the policy of the State to established 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.

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. Declaration of Objectives - The educational system aim to:

1. Provide for a broad general education that will assist each individuals 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.

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.

Llovit, Princess Camille B.

Batas Pambansa Blg. 232 or the Education Act of 1892
 II. THE EDUCATIONAL COMMUNITY

CHAPTER 1
Preliminary Provisions

Section 5. Declaration of Policy and Objectives - 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 6. Definition and Coverage - "Educational community" refers to those persons or groups
of persons as such or associated in institutions involved in organized teaching and learning
systems.

The members and elements of the educational community are:

1. "Parents" or guardians or the head of the institution or foster home which has custody of
the pupil or student.

2. "Students," or those enrolled in and who regularly attend and educational institution of
secondary or higher level of a person engaged in formal study. "Pupils," are those who
regularly attend a school of elementary level under the supervision and tutelage of a teacher.

3 "School personnel," or all persons working for an educational institution, which includes the
following:

a. "Teaching or academic staff," or all persons engaged in actual teaching and/or research
assignments, either on full-time or part-time basis, in all levels of the educational system.

b. "School administrators," or all persons occupying policy implementing positions having to

do with the functions of the school in all levels.

c. "Academic non-teaching personnel," or those persons holding some academic qualifications

and performing academic functions directly supportive of teaching, such as registrars,
librarians, research assistants, research aides, and similar staff.

d. "Non-academic personnel," or all other school personnel not falling under the definition and
coverage of teaching and academic staff, school administrators and academic non-teaching
personnel.

Llovit, Princess Camille B.

Batas Pambansa Blg. 232 or the Education Act of 1892
 4. "Schools," or institutions recognized by the State which undertake educational operations.

Section 7. Community Participation. - 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.

Representatives from each subgroup of the educational community shall sit and
participate in these bodies, the rules and procedures of which must be approved by them and
duly published.

CHAPTER 2
Rights

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 chose 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.

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

Llovit, Princess Camille B.

Batas Pambansa Blg. 232 or the Education Act of 1892
 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 12. Special Rights of School Administration - School administrators shall, in accordance
with existing laws, regulations and policies of the Ministry of Education, Culture and Sports, be
accorded sufficient administrative discretion necessary for the efficient and effective
performance of their functions.

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 13. Rights of Schools - In addition to other rights provided for by law, schools shall enjoy
the following:

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.

Llovit, Princess Camille B.

Batas Pambansa Blg. 232 or the Education Act of 1892
 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.

CHAPTER 3
Duties and Obligations

Section 14. Duties of Parents. - In addition to those provided for under existing laws, all parents
shall have the following duties and obligations:

1. Parents, individually or collectively, through the school systems, shall help carry out the
educational objectives in accordance with national goals.

2. 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.

3. Parents shall cooperate with the school in the implementation of the school program
curricular and co-curricular.

Section 15. Duties and Responsibilities of Students - In addition to those provided for under
existing laws, every student shall:

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.

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.

5. Exercise his rights responsibly in the knowledge that he is answerable for any infringement
or violation of the public welfare and of the rights of others.

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.

Llovit, Princess Camille B.

Batas Pambansa Blg. 232 or the Education Act of 1892
 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 17. School Administrators' Obligations - Every school administrator 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 administration and management of the
school.

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.

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.

7. Maintain adequate records and submit required reports to the Ministry of Education,
Culture and Sports.

Section 18. Obligations of Academic Non-Teaching Personnel - Academic non-teaching personnel

shall:

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.

3. Promote and maintain an atmosphere conducive to service and learning.

III. THE EDUCATIONAL SYSTEMS

CHAPTER 1
Formal Education

Section 19. Declaration of Policy. - The State recognizes that formal education, or the school
system, in society's primary learning system, and therefore the main instrument for the
achievement of the country's educational goals and objectives.

Section 20. Definition - "Formal Educational" refers to the hierarchically structured and
chronologically graded learning organized and provided by the formal school system and for
which certification is required in order for the learner to progress through the grades or move to
higher levels. Formal education shall correspond to the following levels:

Llovit, Princess Camille B.

Batas Pambansa Blg. 232 or the Education Act of 1892
 1. Elementary Education. - the first stage of compulsory, formal education primarily concerned
with providing basic education and usually corresponding to six or seven grades, including pre-
school programs.

2. Secondary Education. - the state of formal education following the elementary level
concerned primarily with continuing basic education and expanding it to include the learning
of employable gainful skills, usually corresponding to four years of high school.

3. Tertiary Education. - post secondary schooling is higher education leading to a degree in a

specific profession or discipline.

Section 21. Objectives of Elementary Education - The objectives of elementary education are:

1. To provide the knowledge and develop the skills, attitudes, and values essential to personal
development and necessary for living in and contributing to a developing and changing social
milieu;

2. To provide learning experiences which increase the child's awareness of and responsiveness
to the changes in and just demands of society and to prepare him for constructive and
effective involvement;

3. To promote and intensify the child's knowledge of, identification with, and love for the
nation and the people to which he belongs; and

4. To promote work experiences which develop the child's orientation to the world of work
and creativity and prepare himself to engage in honest and gainful work.

Section 22. Objectives of Secondary Education. - The objectives of secondary education are:

1. To continue to promote the objectives of elementary education; and

2. To discover and enhance the different aptitudes and interests of the students so as to equip
him with skills for productive endeavor and/or prepare him for tertiary schooling.

Section 23. Objective of Tertiary Education. - The objectives of tertiary education are:

1. To provide a general education program that will promote national identity, cultural
consciousness, moral integrity and spiritual vigor;

2. To train the nation's manpower in the skills required for national development;

3. To develop the professions that will provide leadership for the nation; and

4. To advance knowledge through research work and apply new knowledge for improving the
quality of human life and responding effectively to changing societal needs and conditions.

CHAPTER 2
Non-Education and Specialized Educational Services

Section 24. Specialized Educational Service - The State further recognizes its responsibility to
provide, within the context of the formal education system, services to meet special needs of
certain clientele. These specific types, which shall be guided by the basic policies of the State
embodied in the General Provisions of this Act, include:

Llovit, Princess Camille B.

Batas Pambansa Blg. 232 or the Education Act of 1892
 1. "Work Education," or "Practical Arts," as a program of basic education which aims to
develop the right attitudes towards work; and "technical-vocational education," post-
secondary but non-degree programs leading to one, two, or three year certificates in
preparation for a group of middle-level occupations.

2. "Special Education," the education of persons who are physically, mentally, emotionally,
socially, or culturally different from the so-called "normal" individuals that they require
modification of school practices/services to develop them to their maximum capacity; and

3. "Non-formal Education," any organized school-based educational activities undertaken by

the Ministry of Education, Culture and Sports and other agencies aimed at attaining specific
learning objectives for a particular clientele, especially the illiterates and the out-of-school
youth and adults, distinct from and outside the regular offerings of the formal school system.

The objectives of non-formal education are as follows:

a. To eradicate illiteracy and raise the level of functional literacy of the population;

b. To provide unemployed and underemployed youth and adults with appropriate

vocational/technical skills to enable them to become more productive and effective citizens;
and

c. To develop among the clientele of non-formal education proper values and attitudes
necessary for personal, community and national development.

CHAPTER 3
Establishment of Schools

Section 25. Establishment of Schools - All schools shall be established in accordance with law. The
establishment of new national schools and the conversion of existing schools from elementary
to national secondary or tertiary schools shall be by law: Provided, That any private school
proposed to be established must incorporate as an non-stock educational corporation in
accordance with the provisions of the Corporation Code of the Philippines. This requirement to
incorporate may be waived in the case of family-administered pre-school institutions.

Government assistance to such schools for educational programs shall be used exclusively
for that purpose.

Section 26. Definition of Terms - The terms used in this Chapter are defined as follows:

1. "Schools" are duly established institutions of learning or educational institutions.

2. "Public Schools" are educational institutions established and administered by the

government.

3. "Private Schools" are educational institutions maintained and administered by private

individuals or groups.

Section 27. Recognition of Schools - The educational operations of schools shall be subject to
their prior authorization of the government, and shall be affected by recognition. In the case of
government operated schools, whether local, regional, or national, recognition of educational
programs and/or operations shall be deemed granted simultaneously with establishment.

Llovit, Princess Camille B.

Batas Pambansa Blg. 232 or the Education Act of 1892
 In all other case the rules and regulations governing recognition shall be prescribed and
enforced by the Ministry of Education, Culture and Sports defining therein who are qualified to
apply, providing for a permit system, stating the conditions for the grant of recognition and for
its cancellation and withdrawal, and providing for related matters.

Section 28. Effects of Recognition; Punishable Violations - The issuance of a certificate of

recognition to a school shall have the following effects:

1. It transforms the temporary permit to a permanent authority to operate;

2. It entitled the school or college to give the students who have completed the course for
which recognition is granted, a certificate, title or diploma; and

3. It shall entitle the students who have graduated from said recognized course or courses to
all the benefits and privileges enjoyed by graduates in similar courses of studies in all schools
recognized by the government.

Operation of schools and educational programs without authorization, and/or operation

thereof in violation of the terms of recognition, are hereby declared punishable violations subject
to the penalties provided in this Act.

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.

CHAPTER 4
Internal Organization of Schools

Section 30. Organization of Schools - Each school shall establish such internal organization as will
best enable it to carry out its academic and administrative functions, subject to limitations
provided by law.

Each school establish such arrangements for the peaceful settlement of disputes between
or among the members of the educational community.

Section 31. Governing Board - Every government college or university as a tertiary institution and
every private school shall have a governing board pursuant to its charter or the Corporation Code
of the Philippines, as the case may be.

Section 32. Personnel Transactions - The terms and conditions of employment of personnel in
government schools shall be governed by the Civil Service, budgetary and compensation laws
and rules.

In private schools, dispute arising from employer-employee relations shall fall under the
jurisdiction of the Ministry of Labor and Employment as provided for by law regulations:
Provided, That in view of the special employment status of the teaching and academic non-
teaching personnel, and their special roles in the advancement of knowledge, standards set or
promulgated jointly by the Ministry of Education, Culture and Sports and by the Ministry of Labor
and Employment shall be applied by the Ministry of Labor and Employment: Provided, further,
That every private school shall establish and implement an appropriate system within the school
for the prompt and orderly settlement of provisions of Articles 262 and 263 of the Labor Code.

Llovit, Princess Camille B.

Batas Pambansa Blg. 232 or the Education Act of 1892
 III. References
https://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.html

The LawPhil Project, Arellano Law Foundation, Philippine Laws and Jurisprudence Databank

https://www.chanrobles.com/BATAS%20PAMBANSA%20BLG.%20232.pdf

www.chanrobles.com Chan Robles Publishing Company, Philippine Copyright 2005

Llovit, Princess Camille B.

Batas Pambansa Blg. 232 or the Education Act of 1892