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Historico-Legal

Foundation of
Education
ANGELA FOLLOSO
Foundation of Education:
B. Local
Education During the
Pre-Colonial Period

Education was informal and unstructured, decentralized.


Fathers taught their son how to look for food and other means of
livelihood.
Mother taught their daughter to do the household chores.
This education basically prepared their children to be good
husband and wives.
Teacher were tribal tutor babaylan or katalonan
Children were provided more vocational training but lesser
academics.
Education During the Spanish Colonial
Period

Education was formal and organized.


It was authoritarian in nature.
Tribal tutor of the Pre-Spanish period were replaced by
Spanish Missionaries.
Education was religion oriented
It was for elite, especially in the early years of Spanish
Colonization
Educational Decree of 1863

This law give Filipinos a complete system of


education from elementary to collegiate level.
the law provided for the establishment of the
elementary in all municipalities in the country
Provide school institutions for boys and girls in
every town
Spanish School started accepting Filipino
Students
Education During the
Spanish Colonial Period

There was a separate school for boys and girls


The wealthy Filipinos or the Ilustrados were
accommodated in the schools.
Colonial education brought more non-beneficial effects
to the Filipinos
The school before were exclusive for the Spaniards.
Were only able to enter the school 1 in the late 19th
Century
School for Boys:
The first stablished school were exclusive for the boys.
The Augustinians built the first School in the Philippines
Situated in Cebu.
College were equivalent to a university during the Spanish
Regime
The first college school for the boys was the Colegio De San
Ignacio
The school before were exclusive for the
Spaniards. Were only able to enter the school in
the late 19th Century

School for Boys:


They also established the Colegio De San Ildefonso
in Cebu
The University of Santo Tomas open in 1611 by the
Dominicans
The San Juan de Letran for the orphaned boys, in
1620
The school before were exclusive for the
Spaniards. Were only able to enter the school
in the late 19th Century

School for Girls:


Colegio de Santa Potenciana was the first school
and college for girls
Colegio de Santa Isabel opened in 1632
The religious congregations also established
schools for the girls called "beaterio"
Education During the
American Period

1898 - The Americans took over Manila.


Reopened educational institutions where in the
The earliest educators were American soldiers.
English - medium of instruction
Education - Should be universal and free for all
Education - was the means of giving people an orientation
towards a democratic way of life .
Education During the
American Period
Act no. 74 - established the public primary school in 1901 and
intermediate school
Thomasite - group of American teachers, called Thomasites,
were sent to the Philippines to teach English and modern
subjects, further spreading the American system of education.
Act No. 372 - required all the provinces to maintain a provincial
high school.
1901 - Philippine Normal School was founded to train teachers.
1908 - University of the Philippines was established.
Education During the
American Period
The American train the filipinos in the democratic way of life,
citizenship, moral character and fundamental of vocational
education.
Use of English Language as medium of instruction.
Providing formal education
Primary Education
Intermediate Education
Secondary Education
Vocational Educational
Education During the
Japanese Period

1941 -The Philippines came under Japanese occupation when


the Pacific War broke out.
Department of Education, Health and Public and Welfare - its
function is to reopen schools and to make report to the
Japanese Administration.
Military Order no. 2 in 1942 - Spelled out the basic principle
and guidelines of education in reopening and operating
schools.
Education During the
Japanese Period

Use Niponggo and to stop using the English


Language
Spread Elementary and Vocational education
Develop love for Work
Education During the
Japanese Period

Make people understand the position of the


Philippines as the member of the Great East Asia
Co-Prosperity Sphere and inspire the people with
the spirit of labor
Post Colonial Period

The education system in the Philippines during the post-colonial


period was shaped by efforts to redefine national identity,
address the legacies of colonialism, and improve access to
education. After gaining independence in 1946, the country sought
to reform its education system, but colonial influences, especially
from the Spanish and American periods, persisted.
Post Colonial Period

National Identity and Bilingual Education - After independence


in 1946, the Philippines worked to decolonize its education
system by emphasizing Filipino language, history, and culture.
The Bilingual Education - Policy of 1974 mandated the use of
both English and Filipino as mediums of instruction . Expansion
of Access: Efforts were made to expand access to education,
particularly in rural areas, though challenges in infrastructure
and quality remained.
Post Colonial Period
Centralization - Education became more centralized under
government control.
Department of Education, Culture, and Sports (DECS) - was
created in 1978 to oversee education, culture, and sports
development.
New Curriculum - The government introduced a new
curriculum that emphasized vocational and technical
education to prepare students for workforce.
Promotion of Nationalism - Marcos implemented changes to
encourage a sense of nationalism, such as promoting Filipino
as the national language
Post Colonial Period

K-12 Program (2012) - The Philippines introduced the K-12


Basic Education Program, adding two years of senior high
school to align with global education standards .
Recent Developments Inclusive and Digital Education - In
recent years, there has been a push for inclusive education,
with initiatives like the Alternative Learning System (ALS) for
out-of-school youth. The COVID-19 pandemic accelerated
the shift toward digital education.
Legal Foundation
of Education
What Is Educational Law?

Definition and Nature


Educational law refers to intricate legal framework that
governs the entire education ecosystem, encompassing the
complex relationships between students, educators, and
institutions, as well as the policies that shape and guide the
educational system as a whole.
Key aspects of Educational Law
in the Philippines
Right to Education: The 1987 Philippine Constitution guarantees the
right of all citizens to quality education at all levels.

Free Public Education: The Constitution also mandates that the


state shall provide free public education in the elementary and high
school levels.

Department of Education: The Education Act of 1982 established


the Department of Education, Culture, and Sports (DECS) and
defined its powers and functions.
Key Aspects of Educational Law in
the Philippines
Teacher Education and Training: The Magna Carta for Teachers
(Republic Act No. 4670) provides for the education and training of
teachers, including their rights and responsibilities.

Student Rights and Responsibilities: The Magna Carta for Students


(Features of rights of Students and Welfare Bill) outlines the rights
and responsibilities of students, including their entitlement to a safe
and inclusive learning environment.
Typologies

1. Constitutional Law:

The 1987 Philippine Constitution is the supreme law of the land and
provides the framework for the country's education system. It
guarantees the right to education, free public education, and the
promotion of education as a vital component of national
development.
Typologies
2. Statutory Law: Statutes are laws passed by Congress that govern
specific aspects of education, such as:
The Education Act of 1982 (Batas Pambansa Blg. 232):
Established the Department of Education, Culture, and Sports
(DECS) and defined its powers and functions.
The Magna Carta for Teachers (Republic Act No. 4670): Provides
for the education and training of teachers, including their rights
and responsibilities.
The Enhanced Basic Education Act of 2013 (Republic Act No.
10533): Strengthened the basic education system in the
Philippines and introduced the K-12 program.
Typologies

3. Common Law:

Common law refers to the body of law developed through court


decisions and judicial precedents. In the Philippines, common law is
applied in cases where there is no specific statute or constitutional
provision.
Typologies

4. Policies and Regulations:


Policies and regulations are issued by the Department of Education
and other government agencies to implement and enforce educational
laws. These include:
DepEd Orders: Issued by the Department of Education to
implement policies and programs.
CHED Memoranda: Issued by the Commission on Higher Education
to regulate higher education institutions.
TESDA Regulations: Issued by the Technical Education and Skills
Development Authority to regulate technical-vocational education
and training.
Sources of Philippines
Educational Jurisprudence

Constitutional Provisions: The 1987 Philippine Constitution, particularly


Article XIV, Section 1, which states that "the State shall protect and
promote the right of all citizens to quality education at all levels." and
secondary levels, and academic freedom for higher institutions.

Statutes and Laws: Republic Acts, such as the Education Act of 1982, the
Higher Education Modernization Act of 1997, and the Kindergarten
Education Act of 2012, which provide the legal basis for educational
policies and programs.
.
Sources of Philippines
Educational Jurisprudence

Administrative Regulations: Rules and regulations issued by the


Department of Education (DepEd) and the Commission on Higher
Education (CHED), which implement and enforce educational laws and
policies.

Judicial Decisions: Court decisions and rulings on educational cases, which


provide interpretations and applications of educational laws and policies.

.
Sources of Philippines
Educational Jurisprudence

Executive Orders and Issuances: Orders and issuances by the President


and other executive officials, which provide guidance and direction on
educational policies and programs.

International Treaties and Agreements: International agreements and


treaties ratified by the Philippines, such as the Convention on the Rights of
the Child, which have implications for educational policies and programs.

.
References:
https://www.slideshare.net/slideshow/education-in-spanish-
era/8790890
The 1987 Philippine Constitution
(https://www.officialgazette.gov.ph/constitutions/1987-
constitution/)
Republic Acts of the Philippines
(https://www.officialgazette.gov.ph/republic-acts/)
Supreme Court Cases, Lawphil Project (https://lawphil.net/)
https://www.scribd.com/document/500856805/Module-2
https://www.slideshare.net/slideshow/legal-aspects-of-
education-in-the-philippines/233502396

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