FOUNDATIONS OF EDUCATION

A. The Legal Bases of Philippine Education

1. Basic Concepts of Law
2. Branches of Law in Education
3. Selected Jurisprudence in Education

B. Legal Rights of Students

Major Legal Bases of the Philippine Educational System

The Philippine Constitutions

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)

The 1987 Constitutions

Article XIV Sections 1-5(5)

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 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 s 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 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 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.

Batas Pambansa Blg. 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 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 benefits of education by all its citizens.
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 counseling services.
4. The right to access to his owns school records and the confidentiality of it.
5. The right to issuance of official certificates, diplomas, transcript of records, grades, transfer credentials
and similar document 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 right 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.

https://www.teacherph.com/legal-bases-of-philippine-educational-system/
1. Basic Concepts of Law

Basic Concepts What is law? Do' s and Don’ts Most people would agree that the law governs human behaviour
by rules. It forbids certain ways of behaving, for instance stealing, killing or exceeding speed limits and
prescribes others. For example paying taxes or driving on the right lane. Legal rules are also called norms. The
law does not stop at setting up rules. It also secures compliance with them by threatening persons who
disregard a rule with some disadvantage, like being imprisoned or having to pay money. This consequence is
called a sanction. The task of the state is to put the sanction into effect, for instance to put the offender into
prison or to take the money from him. We say: the sanction is enforced by the state. Is and Ought The legal rules
do not describe facts: they do not tell us anything about reality. Instead they specifies facts and describes what
should happen if they are fulfilled. It says what ought to happen in certain situations and what consequences
should follow if this does not happen. Example: If a newspaper reports: "Elfriede Blauensteiner was sentenced
to jail for life for killing her husband", it describes facts. The relevant legal provision (§ 75 StGB) says: "Whoever
kills another person will be sentenced to jail for life or to be imprisonnend between 10 and 20 years". It has
several effects: First, it prohibits murder; second, specifying that a murder has been committed, it describes
what should happen to the perpetrator. Right and Wrong Many people think that the law not only prescribes or
forbids certain acts but also indicates what is right and what is wrong. But how do we know whether the rules
set up by the law are fundamentally right?; how can we be sure that they are just? The Doctrine of Natural Law
tries to answer this question by referring to meta-legal authority. According to its adherents law is correct if it
conforms to the human nature (Plato), to divine revelation (Augustinus, St.Thomas Aquinas, John Duns Scotus,
William Ockham) or to reason (Cicero, Grotius, Hobbes, Locke, Rousseau, Kant). The Positivist Doctrine accepts
that we have no means of deriving law from a higher authority. It points out that the law is made up of social
norms which are generally accepted and adhered to (Jellinek) or are formally enacted (Radbruch) or are
regularly enforced (Austin, Holmes, Llewllyn). Question: What are the aims of law? What do they provide?
Major Education Laws
Table 1: Legislative and Executive Issuances on Education

Legislative and
Executive Short Title Salient Features
Issuances/Date

An act creating the Commission on Higher Education (CHED)

that separates colleges and universities from the Department of
RA 7722 Higher Education
Education, providing its own independence, having the right to
May 18, 1994 Act
practice academic freedom and exercise such policies granted
for its benefits.

Creation of the Technical Education and Skills Development

RA 7796
TESDA Act Authority (TESDA) to promote and strengthen the quality of
August 25, 1994
technical education and skills development.

Renamed agency from the Department of Education, Culture and

Sports (DECS) to Department of Education (DepEd);

Stressed the importance of shared governance between and

among the national/ central, regional, and division offices.

Governance of Institutionalization of Kindergarten Education, i.e. Kindergarten

RA 9155
Basic Education as mandatory and made an integral part of the basic education
August 11, 2001
Act of 2001 system;

Enacted “in consonance with the Millennium Development

Goals on achieving Education for All (EFA) by the year 2015”;

Adoption of the mother tongue-based multilingual education

(MTB-MLE) program.

Mother Tongue-
Based-
DO 16, s 2012 Guidelines on the Implementation of the Mother Tongue-Based-
Multilingual
February 17 Multilingual Education (MTB-MLE)
Education (MTB-
MLE)

RA 10627 All elementary and secondary schools are directed to adopt

Anti-Bullying Act
September 12, policies to address the existence of bullying in their respective
of 2013
2013 institutions.

RA 10647 Ladderized Institutionalize the ladderized interface between technical-

 Legislative and
Executive Short Title Salient Features
Issuances/Date

vocational education and training (TVET) and higher education

to open the pathways of opportunities for career and educational
progression of students and workers, create a seamless and
November 21, 2014 Education Act borderless system of education, empower students and workers
to exercise options or to choose when to enter and exit in the
educational ladder, and provide job platforms at every exit as
well as the opportunity to earn income.

Gender-Responsive DepEd commits to integrating the principles of gender equality,

DO 32 s. 2017,
Basic Education gender equity, gender sensitivity, non-discrimination, and human
June 29
Policy rights, in the provision and governance of basic education.

https://themodernpedagogue.wordpress.com/2019/11/13/legal-bases-of-education-in-the-philippines/
https://www.scribd.com/document/473014840/BASIC-CONCEPTS-OF-LAW-pdf
https://www.teacherph.com/legal-bases-of-philippine-educational-system/
https://philippinelawtoday.wordpress.com/2016/06/22/what-is-law-according-to-the-philippine-legal-system/
https://www.teacherph.com/legislative-executive-issuances-education-philippines/
https://docs.google.com/document/d/1xKvZG43rTxMlBq4QdTXcmes_ig5_KTIiGp3hKk32cvY/
edit#heading=h.h8g47g28jgfg