Legal Bases of School Administration and Supervision

1. LEGAL BASES OF SCHOOL
ADMINISTRATION AND SUPERVISION
(Education as a State Function)
Republic of the Philippines
Commission on Higher Education
DANIEL B. PEÑA MEMORIAL COLLEGE FOUNDATION, INC.
Graduate Studies
Ziga Avenue, San Juan, Tabaco City
LYZEL C. COPIOSO & ELTO C. BORBOR
MAEd Administration and Supervision

2. Specific Objectives:
1. To develop an understanding of the legal bases of school administration
and supervision
2. To appreciate the educational provision of the constitution
3. To appreciate the legal bases with respect to school administration and
supervision
LYZEL C. COPIOSO & ELTO C. BORBOR
MAEd Administration and Supervision

3. Historical Sketch
• 1901 The Second Philippine Commission was created and it was headed by
William H. Taft
• was a body appointed by the president to exercise legislative and limited
executive powers in the Philippines.
• All legislative function of the military government were transferred to the
Second Philippine Commission
• American regime - The Administration and Supervision of the Philippine
Government was entrusted to the Philippine Commission.
LYZEL C. COPIOSO & ELTO C. BORBOR
MAEd Administration and Supervision
The first Philippine Commission was appointed by President William
McKinley on January 20, 1899 as a recommendatory body.

4. LYZEL C. COPIOSO & ELTO C. BORBOR
MAEd Administration and Supervision
“It will be the duty of the commission to promote and extend and, as
they find occasion, to improve the system of education already
inaugurated by the military authorities. In doing this they should regard
as of first importance the extension of a system of primary education
which shall be free to all, and which shall tend to fit the people for the
duties of citizenship and for ordinary avocations of a civilized
community. This instruction should be given to the first instance in every
part of the Islands in the language of the people. In view of the great
number of languages spoken by different tribes, it is especially
important to the prosperity of the islands that a common medium of
communication be established, and it is obviously desirable that this
medium be the English language. Especial attention should be at once
given to affording full opportunity to all the people of the Islands to
acquire the use of the English language.”

5. LYZEL C. COPIOSO & ELTO C. BORBOR
MAEd Administration and Supervision
To accomplish the intent of the preceding instruction, an act was
passed to establish the Department of Public Instruction. In the early
part of the organization, the government was confronted with the
problem of securing native leadership capable of helping to carry out
the new school program. From the beginning there has been a
conscious attempt on the part of the government to improve the
educational system by developing a strong Filipino Participation.

6. LYZEL C. COPIOSO & ELTO C. BORBOR
MAEd Administration and Supervision
• In 1900, the Schurman Commission recommended the establishment of a
secularized and free public school system during the first decade of American
rule in the country.
• The Taft Commission, as instructed by President William McKinley, enforced free
primary instruction, which trained the people on the duties of citizenship.
Chaplains and non-commissioned officers worked as teachers and used English
as the medium of instruction.
• The Taft Commission, by virtue of Act No. 74, established a highly centralized
public school system in January 1901. The act also created the Department of
Public Instruction, headed by a general superintendent.

8. Education as a State Function
1935 Constitution Section 5
“All educational institution in the Philippines shall be under the
supervision of and subject to regulation by the state”
LYZEL C. COPIOSO & ELTO C. BORBOR
MAEd Administration and Supervision

9. Since education in this country is a function of the State, Philippine Congress has
large powers in the organization, support, and control of our public and private
schools. It can…
• determine the types od schools to be established
• regulate the school organization
Laws Related to School Organization and Control
The Philippine Constitution – The most important legal basis of the administration
and supervision is found in certain provision of the Philippine Constitution. Section 8
of Article XV state that “all educational institutions shall be under the supervision of
and subject regulation by the states”.
Act No. of the Philippine Commission – The administration of the Philippine
Government during the early part of the American occupation was in the hands of
the Philippine commission whose members were appointed by the President of the
United States. The commission on January 21, 1901, passed Act No. 74, Section 1
of which established a Department of Public Instruction, which has executive control
and general supervision of all schools already established by the Military authorities.

10. Commonwealth Act No. 180 – this act is the present basic law governing private education in this country. It
amended act No. 2706 which provided for the government regulation and supervision of private schools,
colleges and universities.
Commonwealth Act No. 586 – This act is known as the Educational Act of 1940 which provides the legal
basis of the present six-year elementary course, the double – single session, the school entrance ages, and
national support of elementary education.
Republic Act No. 896 – This Act is known as the Elementary School Act of 1953. This new law restore Grade
7 VII which was abolished by the Education Act of 1940.
Executive Order No. 94 – (Based upon the Reorganization Act of 1947). This law gives the Secretary of
Education executive supervision over the Bureau of Public School and the Bureau of Private Schools, the
Bureau of Public libraries, the Institute of national language, and the Philippine Historical Committee.
Republic Act No. 1124 – This Act created by the Board of Education, according to this law, the Board of the
National Education is a policy making body.
Republic Act No. 4272 – This Act reduced the number of members of the Board under Republic Act No. 1124
from 15 members to 8 members. The old Board of National Education of 15 members has been inoperative for
several years. It was only July 1967 that the new board of eight members under the new law (RA 4572) was
reconstituted.
Republic Act No. 5447 – This law is otherwise known as Special Education Fund Act. This law provides an
annual additional tax of one percent of the assessed value of real property tax.
Presidential Decree No. 1 – This decree made a thorough going revamp of the executive branch of the
government.
Presidential Decree No. 176 – This control and administration of all educational institutions already
established or hereafter to be established in the Philippines shall be vested in the citizens of the Philippines.

11. • prescribe the curriculum
Laws Related to Curriculum
Department Order No. 5, s. 1955 – The Secretary of Education provides that religious
instruction may be scheduled during the school session in such a way as to enable the
teacher in religion to teach in the public school building for more than one thirty-
minutes period a day, three times a week, to different groups of pupils in the same
school, provided no pupil is given instruction under this arrangement for more than the
maximum length of time allowed by law.
Republic Act No. 343 – This act provides for the inclusion of Spanish as a course or
subject in all high schools, private or public of the Philippines.
Republic Act No. 709 – This act made the teaching of Spanish obligatory in all
courses of public and private colleges and universities in the Philippines.
Republic Act No. 1425 – (otherwise known as Rizal Law) - This act requires that
courses on the life, works and writings of Jose Rizal, particularly his novels NOLI ME
TANGERE and EL FILIBUSTERISMO shall be included in the curricula of all private
and public schools, colleges and universities. These courses shall be given as a part of
the school studies and/or language arts in the high school; and the social sciences in
the colleges and universities. (Approved, June 12, 1956).

12. Republic Act No. 1881 – This Act states that all students enrolled in the courses in Law, Commerce, Liberal Arts,
Foreign Service and Education are required to complete at least 24 units of Spanish. (Approved, June 22, 1957).
Republic Act No. 5181 – This act replaced Republic Act No. 707, as amended by R.A. No. 1881. Under the new
law, college and university students are required to complete at least 12 units of Spanish. It is, however, provided
that the Board of National Education is authorized, in consideration of the particular relevance and importance of
Spanish, the require additional units for such courses as it may determine, on the exercise of its discretion. (Took
effect during the school year 1968-1969).
Department Order No. 19, s. 1970 – This Department Order increased time allotment for language arts (English)
from 30 to 40 minutes in grade 1 and 2, from 40 to 60 minutes in grades 3 and 4 from 60 to 80 minutes in the
intermediate grades.
❖ This Order also approved the changing of the terminology of “Arithmetic” into “Elementary Mathematics”, with the
aim of enabling the Filipino child to achieve a deeper understanding of the science of numbers and mathematical
concepts.
Republic Act No. 5946 – This law amended the Medical Act of 1959. The act states that the “students seeking
admission to medical school must have a Bachelor’s degree in Science or in Arts. This Act led to the abolition of
preparatory medical courses in private schools, colleges and universities.
Presidential Decree No. 6-A – This decree is known as Educational Development Decree of 1972. Under this
decree, education will aim to attain the national development goal, particularly the acceleration of economic
development and social progress, to assure the maximum participation of all the people in the attainment and
enjoyment of the benefits of such growth, and to strengthen national consciousness and promote desirable cultural
values of the people. To accomplish those aims, educational efforts are to be directed toward broad general
education, training of manpower in the middle-level skills, development of high level professions that will provide
leadership for the nation and extension of knowledge through research, and systematic planning to meet changing
needs and conditions.

13. • designate standard for buildings
• determine the ages of children eligible to attend school
Laws Related to Students or Pupils
Commonwealth Act no. 80 - This Act provided for the organization of the Office of Adult
Education under the Director of Adult Education who was appointed by the President with
the consent of the Commission on Appointment. This office was charged to eliminate
illiteracy, to provide for vocational guidance, and to give citizenship training.
Executive Order No. 94 abolished the Office of Adult Education under the Department
of Education and transferred its functions over to the Bureau of Public Schools, where it
is a division. (Based on the Reorganization Act of 1947).
Republic Act no. 124 - this law requires private schools, colleges and universities having
an enrolment of 300 or more to employ a part or full-time physician who will conduct an
annual physical examination of their students (Approved, June 14, 1947)
Republic Act No. 896 – This Act provides for compulsory education of seven years and
made it mandatory on the part of the parents to enrol their children in public schools upon
attaining seven years of age. (Approved, June 20, 1953)

14. Republic Act No. 4206 - This law prohibits the collection of contributions for the Red Cross, Anti-
Tuberculosis, PTA’s, school athletic meets, medical and dental services or any other project or
purpose, whether voluntary or otherwise, from school children of public primary and intermediate
schools. Under this law, persons found violating this provisions would be punished, either with fine or
imprisonment in the discretion of the court conduct an annual physical examination of their students.
(Approved, June 14, 1947).
Republic Act No. 4090 - an act providing for state scholarship in science, arts and letters and for
poor and deserving students, creating a state scholarship council to integrate, systematize, administer
and implement all program of scholarship, and appropriate funds thereof.
Republic Act no. 4725 - this act amended Republic no. 4206 the collection of contribution for Anti-
Tuberculosis, Parent, Teacher Associations, School athletic meets, medical and dental service school
children and teachers of public primary of intermediate and high school is hereby prohibited. Provided
however, that this prohibition shall not cover membership fees of school children in the Red Cross, the
Girl Scouts of the Philippines, and the Boy Scouts of the Philippines.
Republic Act no. 6139 - This act is known as the “Tuition Fee Law”. This Act regulates the increases
of tuition fees in private schools, colleges, and universities. The law requires 180 days before
effectively. The amount of tuition fees should not be beyond 15 percent of the basic tuition fees.
Presidential Decree No. 146 - This Decree is known as the National College Entrance Examination
was promulgated with no other purpose but to regulate the admission of students to all four year or
five year degree programs in the country so as to improve the quality of higher education and to
distribute students among different courses, thus meeting the manpower needs of the country.

15. • fix the qualifications of teachers
Laws Related to Teaching Personnel
Presidential Decree No. 1006 – Providing for the Professionalization of
Teachers, Regulating their Practice in the Philippines and for Other Purpose.
Issued Sept. 22, 1976. The decree is known as the Decree Professionalizing
Teaching. A National Board for Teachers is created, chaired by the DEC
Secretary, with the Chairman of the Civil Service Commission, the
Commissioner of the Professional Regulation Commission, and two from the
private sector to be appointed by the President as members. Powers and duties
of the Board include among others: (1) to appoint for every examination a set of
examiners to prepare the board examination for teachers in the elementary and
secondary levels to be held once a year; (2) to look from time to time into the
conditions affecting the practice of the teaching profession; (3) to adopt such
measures as may be deemed proper for the enhancement of said profession
and/or maintenance of its ethical standards

16. • establish salary schedules
Republic Act No. 842 (Amended R. A. No. 312) the salary Act of 1953 (R.A No. 842)
provides for a revised salary scale and automatic salary increases for public school
officials, teachers, and other school personnel. This law allocates the grades and the
salary scale for the various positions. This Act provides further that a teacher with
educational qualifications or civil service eligibility higher than the standard required for
the position to which he is appointed, shall be given a higher entrance salary than a
teacher who merely meets the standards. It also provides that salaries of all the school
personnel shall first be adjusted in accordance with the entrance salary rates prescribed
in this Act. After the adjustments in salary has been provided, increases for regular
personnel shall be automatically effected until the maximum rates have been attained.
(Approved, May 1, 1953)
 National Budget Circular No. 588, s. 2022

17. • provide tenure
Commonwealth Act No. 117 - This act places public school teachers under the
Civil Service Rules and Regulations, Particularly those that affect their examination,
appointment, transfer, separation, suspension and reinstatement. This Act protects
the teacher’s tenure of office. ( Approved, Nov. 13, 1936 )
• set the age of retirement for service
Republic Act No. 660 - This Act amended Section 12 of Commonwealth Act 186.
The Act provides for automatic retirement at the age of 65 if the teacher has
completed 15 years of service. If he has not, he shall be allowed to continue in
service until he completes 15 years, unless he is otherwise eligible for disability
retirement. Upon specific approval of the President of the Republic of the
Philippines, an employee may be allowed to continue to serve after the age of 65 if
he possesses special qualifications and his service are needed. It shall be the duty
of the latter’s automatic separation from the service at least sixty days before his
retirement takes effect.

18. Therefore…
The state is the agency which regulates the administration
and supervision, supervision, and instruction in public and
private school. The school administrators and supervisors
should be fully informed of the school laws of the
Philippines.

19. In conclusion, education as a state function means that…
All educational institutions in the Philippines, public and private, are under the
supervision and subject to the regulation of the State. This is a constitutional
mandate. Since education is a State Function, the Philippine Congress or
parliament has a large power in the organization, support, and control of our
school system. The State, is therefore, the agency which regulates the
organization, administration, supervision, and instruction in public, and private
schools, colleges and universities.

20. Education as a State Function
placed our school system under the
administration and supervision of the
Department of Education. Our
schools administration falls under
the Line and Staff school
administration. The authority and
responsibility of the line officers are
derived from the power of the law. In
this type of school administration,
the Secretary of Education is the
highest officer in our school system
and the principal / school head is the
lowest line officer in the field.

21. Thank you for your indulgence.
LYZEL C. COPIOSO & ELTO C. BORBOR
MAEd Administration and Supervision