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THE INTERNATIONAL, NATIONAL, AND LOCAL
HUMAN RIGHT LAWS THAT CONTAIN THE
PROVISIONS ON INDIGENOUS PEOPLES RIGHT
TO EDUCATION
REY JOHN B. REBUCAS, LPT
Instructor
UN DECLARATION ON THE RIGHTS OF
INDIGENOUS PEOPLES (2007)
• The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was adopted by the
General Assembly on Thursday, 13 September 2007, by a majority of 144 states in favor, 4 votes against
(Australia, Canada, New Zealand and the United States) and 11 abstentions (Azerbaijan, Bangladesh,
Bhutan, Burundi, Colombia, Georgia, Kenya, Nigeria, Russian Federation, Samoa and Ukraine).
• The Declaration establishes a universal framework of minimum standards for the survival, dignity, well-
being and rights of the world's indigenous peoples. The Declaration addresses both individual and
collective rights; cultural rights and identity; rights to education, health, employment, language, and
others. It outlaws discrimination against indigenous peoples and promotes their full and effective
participation in all matters that concern them. It also ensures their right to remain distinct and to pursue
their own priorities in economic, social and cultural development. The Declaration explicitly encourages
harmonious and cooperative relations between States and indigenous peoples.
REPUBLIC ACT NO. 8371
IPRA (INDIGENOUS PEOPLES RIGHTS ACT OF
1997)
• IPRA, formerly known as Ancestral Domain Bill, was first filed in the Congress sometime in 1987
under the Senate Bill No. 909 authored by Senator Santanina Rasul, Senator Joseph Estrada and
Senator Alberto Romulo, during the 8th Congress, but was never enacted in to law. In the 9th
Congress, Senator Rasul introduced Senate Bill No. 1029 and Senator Macapagal-Arroyo
introduced Senate Bill No. 1849. However, the bill was never sponsored and deliberated upon in the
floor.
• A consensus was made on December 1995 between IP representatives and NGO representatives.
Seven non-negotiable points of the bill that were promoted are the following: a) recognition of
native title and rights of IPs to ancestral domains, b )respect for the right to cultural integrity, c)
recognition of indigenous peoples’ political structures and governance, d) delivery of basic services
to the indigenous peoples, e) respect for human rights, f) elimination of discrimination, g) and
creation of an office that would cater to the IPs.
• Year 1996, during the 10th Congress, Senator Juan Flavier sponsored the Bill no. 1728 which meant
that he has to defend the bill in all the Senate deliberations and discussions. In his sponsorship
speech, he discussed the legal bases for the bill which can be found in the 1987 Constitution.
• Despite difficult hurdles and amendments enacted in the Congress which nearly brought the
movement to its death, the House of Representatives finally approved the bill late in September
1997. President Fidel V. Ramos signed it on 22 October 1997 officially making it Republic Act No.
8371 Indigenous People's Rights Act of 1997 which aims to "Recognize, Protect and Promote the
Rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPS) and for other Purposes.
• An act to recognize, protect the rights of indigenous cultural communities/indigenous peoples,
creating a national commission on indigenous peoples, establishing implementing mechanisms,
appropriating funds therefore, and other purposes.
REPUBLIC ACT NO. 8371
IPRA (INDIGENOUS PEOPLES RIGHTS ACT OF
1997)
REPUBLIC ACT NO. 8190
(LOCALIZATION LAW)
• AN ACT GRANTING PRIORITY TO RESIDENTS OF THE BARANGAY, MUNICIPALITY OR CITY WHERE
THE SCHOOL IS LOCATED, IN THE APPOINTMENT OR ASSIGNMENT OF CLASSROOM PUBLIC
SCHOOLTEACHERS.
• Section 1. In the appointment or assignment of teachers to public elementary or secondary
schools, priority shall be given to bona fide residents of the barangay, municipality, city or province
where the school is located: Provided, That the teacher possesses all the minimum qualifications for
the position as required by law.
• Protests regarding the appointment or assignment of classroom public school teachers shall
prescribe in three (3) months upon the issuance of such appointments or assignment.
• Sec. 2. In the exercise of its disciplinary authority, the Secretary of Education, Culture and Sports
shall impose the following administrative sanctions for any willful violation of this Act: (1) first
violation — suspension of one (1) month without pay; (2) second violation — suspension of two (2)
months without pay; and (3) third violation and subsequent violations hereof — suspension of six
(6) months without pay.
REPUBLIC ACT NO. 8190
(LOCALIZATION LAW)
• Sec. 3. The Department of Education, Culture and Sports (DECS) shall prescribe
the rules and regulations necessary to implement this Act. The DECS shall provide
the senate and the House of Representatives a copy of the rules and regulations
within ninety (90) days after approval of this Act.
• Sec. 4. All laws, decrees, executive orders, rules and regulations, or parts thereof
inconsistent with this Act are hereby repealed or modified accordingly.
• Sec. 5. This Act shall take effect fifteen (15) days after its complete publication in
the Official Gazette or in at least two (2) newspapers of general circulation.
• Approved: June 11, 1996
AMENDED IMPLEMENTING RULES AND
REGULATIONS OF R.A. NO. 8190
• SECTION 1. DEFINITION OF TERMS
• As used herein, the following terms shall be understood to mean:
• (a) TEACHER refers to a person who meets the minimum requirements for the position as required by
law and the standards set by the Department who does actual teaching in classrooms and other
learning centers.
• (b) APPLICANT refers to a person who holds a valid certificate of registration/professional license as a
teacher from the Professional Regulation Commission (PRC) seeking to be appointed to a Teacher I
Position.
• (c) QUALIFIED APPLICANT refers to a person who meets the evaluation and selection criteria as
prescribed by the Department of Education (DepEd), and who is in the registry of the Schools Division
and is a bona fide resident.
• (d) BONA FIDE RESIDENT refers to a qualified applicant who is, prior to appointment, resident for a
period of at least six (6) months of a particular barangay, municipality, city or province where the school
is located, as evidenced by legal documents to be identified by the Department.
AMENDED IMPLEMENTING RULES AND
REGULATIONS OF R.A. NO. 8190
• (e) SECRETARY refers to the Department of Education Secretary
• (f) REGIONAL DIRECTOR refers to the Department of Education Regional Director
• (g) PROTEST refers to the administrative complaint filed by an aggrieved applicant
(complainant) regarding an appointment or assignment to a Teacher I made by an
appointing or assigning authority (respondent).
• (h) APPOINTMENT refers to the issuance of original appointment of teachers
• (i) ASSIGNMENT refers to the posting of a teacher in a public school or other learning
center.
• (j) REGISTRY refers to the official list of qualified applicants in the Schools Division.
AMENDED IMPLEMENTING RULES AND
REGULATIONS OF R.A. NO. 8190
• SECTION 2. COVERAGE
• These rules and regulations shall apply to appointment or assignment of teachers in all public schools
and other learning centers under the Department of Education.
• SECTION 3. FILLING UP OF VACANT POSITIONS
• In the appointment or assignment of teachers to public schools and other learning centers with vacant
teaching positions, priority shall be given to bonafide residents of the barangay, municipality, city or
province where the school is located, in no particular order.
• Provided, that the teacher possesses all the qualifications for the position as required by law and
DepEd Orders.
• Provided, further, that among the bonafide residents of the barangay, municipality, city or province
where the school or learning center is located, the most qualified shall be given priority.
AMENDED IMPLEMENTING RULES AND
REGULATIONS OF R.A. NO. 8190
• SECTION 5. PROTEST PROCEDURES FOR VIOLATIONS OF RA 8190
• Aggrieved applicants in the registry of the Schools Division may file a protest. The protest, which shall be
subscribed and sworn to in the form of a letter-complaint in three (3) copies, shall be filed at the Regional
Office within ninety (90) days from the issuance of the appointment.
• The Regional Director shall, within seventy-two (72) hours upon receipt of the protest, require the Schools
Division Superintendent (SDS) to answer the allegations in the protest within fifteen (15) days, furnishing the
protestant a copy thereof.
• The Regional Director’s decision may be appealed to the DepEd Secretary within fifteen (15) days upon
receipt thereof. Any appeal on the decision of the Secretary shall be filed with the Civil Service Commission.
• A protest shall not render an appointment ineffective nor bar the approval thereof by the appointing
authority, but the approval shall be subject to the final outcome of the protest.
AMENDED IMPLEMENTING RULES AND
REGULATIONS OF R.A. NO. 8190
• SECTION 6. SANCTIONS
• Any person found guilty of violating any of the provisions of RA 8190 and these implementing rules
and regulations or any part hereof shall be charged administratively pursuant to RA 6713 otherwise
known as the Code of Conduct and Ethical Standards for Public Officials and Employees and other
relevant laws, rules and regulations. Administrative sanctions for any willful violations of RA 8190 and its
implementing rules and regulations shall be imposed as follows:
• (a) First violation – suspension of one month without pay;
• (b) Second violation – suspension of two months without pay; and
• (c) Third violation and subsequent violation – suspension of six months without pay.
AMENDED IMPLEMENTING RULES AND
REGULATIONS OF R.A. NO. 8190
• SECTION 7. SEPARABILITY CLAUSE
• Should any provision of this IRR be subsequently declared invalid or unconstitutional, the same shall
not affect the validity and effectivity of the other provisions.
• SECTION 8. REPEALING CLAUSE
• Rules, regulations and issuances which are inconsistent with these rules are hereby repealed, rescinded
or amended accordingly.
• SECTION 9. EFFECTIVITY
• These rules and regulations shall take effect fifteen (15) days after its publication in the Official Gazette
or in at least one (1) newspaper of general circulation.
• Approved December 20, 2012
REPUBLIC ACT NO. 9155
(GOVERNANCE OF BASIC EDUCATION ACT OF 2001)
• AN ACT INSTITUTING A FRAMEWORK OF GOVERNANCE FOR BASIC
EDUCATION, ESTABLISHING AUTHORITY AND ACCOUNTABILITY,
RENAMING THE DEPARTMENT OF EDUCATION, CULTURE AND SPORTS
AS THE DEPARTMENT OF EDUCATION, AND FOR OTHER PURPOSES.
• Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled: This Act shall be known as the
“Governance of Basic Education Act of 2001”.
DEPED ORDER NO. 62, S. 2011
(ADOPTING THE NATIONAL INDIGENOUS PEOPLES (IP)
EDUCATION POLICY FRAMEWORK) DATED AUGUST 8, 2011
• 1. In line with the country’s commitment to achieve its Education for All (EFA) targets and the
Millennium Development Goals (MDGs), and in pursuit of the Basic Education Sector Reform
Agenda (BESRA), the Department of Education (DepEd) is adopting the enclosed National
Indigenous Peoples Education Policy Framework. It was prepared in consultation with the
representatives from Indigenous Peoples (IP) communities, civil society, and other government
agencies.
• 2.This Policy Framework is intended to be an instrument for promoting shared accountability,
continuous dialogue, engagement, and partnership among government, IP communities, civil
society, and other education stakeholders. Recognizing education as a necessary means to realize
other human rights and fundamental freedoms, the DepEd urges the strengthening of its policy on
IP education and develop and implement an IP Education Program. This Program subscribes to the
rights-based approach which gives primary importance to the principles of participation, inclusion,
and empowerment.
DEPED ORDER NO. 62, S. 2011
(ADOPTING THE NATIONAL INDIGENOUS PEOPLES (IP)
EDUCATION POLICY FRAMEWORK) DATED AUGUST 8, 2011
• 3. Many IP communities continue to lack access to decent basic social services; they have
limited opportunities to engage in the mainstream economy, and suffer social, economic,
and political exclusion marginalization. A major factor contributing to their disadvantaged
position is the lack of access to culture-responsive basic education. Thus, the right of
indigenous peoples to education is provided in the 1987 Philippine Constitution, the
Indigenous Peoples Rights Act (IPRA) of 1997, and the numerous international human
rights instruments, especially in the United Nations (UN) Declaration on the Rights of
Indigenous Peoples (2007).
• 4. Immediate dissemination of and compliance with this Order is directed. BR. ARMIN A.
LUISTRO FSC (signed).
PHILIPPINE CONSTITUTION 1987
(ARTICLE XIV, SEC. 1; ARTICLE XIV, SEC. 2 & 4 AND ARTICLE
XIV, SECTION 17)
•ARTICLE XIV-Education, Science and Technology, Arts,
Culture, and Sports Education
• 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.
PHILIPPINE CONSTITUTION 1987
(ARTICLE XIV, SEC. 1; ARTICLE XIV, SEC. 2 & 4 AND ARTICLE
XIV, SECTION 17)
• 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 right 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 systems, 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.
PHILIPPINE CONSTITUTION 1987
(ARTICLE XIV, SEC. 1; ARTICLE XIV, SEC. 2 & 4 AND ARTICLE
XIV, SECTION 17)
• SECTION 4. The State shall:
• (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 owned 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 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.
PHILIPPINE CONSTITUTION 1987
(ARTICLE XIV, SEC. 1; ARTICLE XIV, SEC. 2 & 4 AND ARTICLE
XIV, SECTION 17& 18)
• SECTION 4. The State shall:
• (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.
PHILIPPINE CONSTITUTION 1987
(ARTICLE XIV, SEC. 1; ARTICLE XIV, SEC. 2 & 4 AND ARTICLE
XIV, SECTION 17& 18)
• Section 17. The State shall recognize, respect, and protect the rights of
indigenous cultural communities to preserve and develop their cultures,
traditions, and institutions. It shall consider these rights in the formulation of
national plans and policies.
• Section 18. (1) The State shall ensure equal access to cultural opportunities
through the educational system, public or private cultural entities,
scholarships, grants and other incentives, and community cultural centers,
and other public venues.
DO 42, S. 2004
PERMIT TO OPERATE PRIMARY SCHOOLS FOR INDIGENEOUS
PEOPLES AND CULTURAL COMMUNITIES DATED JUNE 15, 2004
• Article II, Sec 22 of the 1987 Philippine Constitution states that “the State recognizes
and promotes the rights of indigenous cultural communities within the framework
of national unity and development”.
• Likewise, Article XIV, Sections 2.4 and 17 of the Constitution states that “the State
shall encourage nonformal, informal and indigenous learning systems, as well as
self learning, independent and out-of-school study programs particularly those that
respond to community needs”. “Further, the State shall recognize, respect and
protect the rights of indigenous cultural communities to preserve and develop their
cultures, traditions and institutions. It shall consider their rights in the formulation of
national plans and policies”.
• In view of the above constitutional mandates, concerned individuals and
organizations started organizing primary schools for the Indigenous People to
alleviate their plight.
DO 42, S. 2004
PERMIT TO OPERATE PRIMARY SCHOOLS FOR INDIGENEOUS
PEOPLES AND CULTURAL COMMUNITIES DATED JUNE 15, 2004
• These Indigenous People (IP) schools have been encouraged to register with the DepED for
mainstreaming in the educational system. However, flexibility in terms of the following requirements
is recommended:
• CURRICULUM. It should be flexible without undermining the balance between the attainment of the
core learning competencies which every Filipino learner should master in the community and the
indigenous culture.
• TEACHERS. As much as possible, qualified teachers should teach the core subjects of the curriculum.
However, in handling the concerns of the community, e.g. culture, traditions, songs, practices, para-
teachers from the place or those who know the culture may be employed. They may not be holders
of a degree in education but experienced or trained parents.
• SCHOOL CALENDAR. While cultural/tribal idiosyncrasies are to be observed, the required calendar
days of the school year should be adhered to as much as possible.
DO 42, S. 2004
PERMIT TO OPERATE PRIMARY SCHOOLS FOR INDIGENEOUS
PEOPLES AND CULTURAL COMMUNITIES DATED JUNE 15, 2004
• Adults and out-of-school youths, who want to continue their studies may either avail of the
Nonformal Education Accreditation and Equivalency (NFE A&E) Test or the Philippine Education
Placement Test (PEPT) to determine their learning status for the former and the grade/year level
placement for the latter.
• Children who finished studies in unrecognized schools but want to continue their studies in the
regular schools may submit themselves to a Validating Test (Philippine Validity Test (PVT) to be
administered by the National Education, Testing and Research Center (NETRC) to determine their
competencies for proper grade placement.
• It is desired that full assistance of school authorities be extended to this sector and corresponding
report of said registration be submitted to the Office of the Secretary (OSEC) for proper
documentation.
• Immediate dissemination of and compliance with this Order is directed.
DO 101, S. 2010
(THE ALTERNATIVE LEARNING SYSTEM (ALS) CURRICULUM FOR
INDIGENOUS PEOPLES (IPS) EDUCATION DATED SEPTEMBER 14, 2010)
• The Alternative Learning System (ALS) Curriculum for Indigenous Peoples (IPs) Education
• In response to the Education for All (EFA) campaign to provide for the basic learning needs of all
marginalized learners, the Bureau of Alternative Learning System (BALS) initiated the development of
an education curriculum that was designed to meet the learning needs of the Indigenous People (IP)
communities.
• The IP Education Curriculum for the Alternative Learning System (ALS) was developed in the year
2006 in coordination with the National Commission on Indigenous Peoples (NCIP) and was validated
by the various indigenous cultural communities (ICCs) in the Philippines.
• The learning competencies of the IP Curriculum were drawn from the existing ALS curriculum for the
basic literacy, elementary and secondary levels. The curriculum content however, was based on the
Indigenous Peoples Rights Act (IPRA) or Republic Act (RA) No. 8371. The educational goal of the IP
Curriculum is the attainment of functional literacy for the IPs.
DO 101, S. 2010
(THE ALTERNATIVE LEARNING SYSTEM (ALS) CURRICULUM FOR
INDIGENOUS PEOPLES (IPS) EDUCATION DATED SEPTEMBER 14, 2010)
• The IP Curriculum reflects the core areas of the IP’s concerns such as the following:
• FAMILY LIFE – It touches on the life of an IP as a member of the family from birth to death. It delineates the varying roles
of the members of the family and how these affect the individual and the whole ICC in their respective domains;
• HEALTH, SANITATION AND NUTRITION – This brings into fore the IP’s concept of self and the environment and how each
interplays with the other. It features the indigenous practices, knowledge and local beliefs on hygiene, health and food.
The core area discusses the common ailments and health issues confronting the IPs brought about by their unique
geographical locations and situations;
• CIVIC CONSCIOUSNESS – It highlights the rich worldview of the IPs ranging from their life ways, identify and history. It is
loaded heavily with their aspirations, needs and sentiments as a people. This core area also includes provisions of the RA
No. 8371 or the IPRA which brings into consciousness the IP’s rights to their ancestral domain and their development;
• ECONOMICS AND INCOME – It presents the system of community management of supply and demand among the IPs.
It features the IP’s forms of earning a living and caring for their communal source of life and livelihood; and
• ENVIRONMENT – It deals with the IP’s communion with nature. It stresses their strong attachment to the environment.
DO 101, S. 2010
(THE ALTERNATIVE LEARNING SYSTEM (ALS) CURRICULUM FOR
INDIGENOUS PEOPLES (IPS) EDUCATION DATED SEPTEMBER 14, 2010)
• LEARNING STRAND ONE – Communication Skills. This strand aims to develop the ability of the IP
learners to access, critically process and effectively make use of available information in a variety of
media to be able to: (a) function effectively as a member of the family, community, nation and the world;
and (b) actively participate in community and economic development;
• LEARNING STRAND TWO – Problem Solving and Critical Thinking. This strand aims to enable the IP
learners to be aware of their own thinking, make critical and informed decisions, defend their ideas,
evaluate the ideas of others and strive for new ways of solving problems, and do all these in an
atmosphere of community and consensus-building. Through the development of these skills, IP learners
will be able to enhance their personal social effectiveness and improve the quality of their lives.
• LEARNING STRAND THREE – Development of Self and a Sense of Community. This strand aims to help
the IP learners acquire a positive sense of self and a sense of community that will lead to the
development of their potentials and enable them to live harmoniously together and with others.
DO 101, S. 2010
(THE ALTERNATIVE LEARNING SYSTEM (ALS) CURRICULUM FOR
INDIGENOUS PEOPLES (IPS) EDUCATION DATED SEPTEMBER 14, 2010)
• LEARNING STRAND FOUR – Practice of Ecological Sustainable Economics. This learning strand aims to
help the IP learners achieve responsible well-being and ensure active participation in the economic life of
the community. Its framework rests on the understanding that any human community’s life and existence
is anchored on the well-being of the ancestral domain (resource) on which the community depends.
• LEARNING STRAND FIVE – Expanding One’s World View. This strand aims to provide an atmosphere for
the IP learners to appreciate and practice freely their own culture and at the same time to be equipped
with basic competencies to face the challenges of a global community and the influx of change.
• The IP Curriculum is supported by learning resources that are written in mother tongue. Presently,
thirteen (13) of the basic literacy level materials are written in eight (8) mother tongue and are being
used in selected Community Learning Centers (CLC) of the ICCs.
• The IP Curriculum is to be implemented by trained ALS implementers with IP learners. Immediate
dissemination of and compliance with this Order is directed.
DO 32, S. 2015
(ADOPTING THE INDIGENOUS PEOPLES EDUCATION
CURRICULUM FRAMEWORK DATED JULY 29, 2015)
• Pursuant to DepEd Order No. 62, s. 2011 entitled Adopting the National Indigenous
Peoples Education (IPEd) Policy Framework and DepEd Order No. 43, s. 2013 entitled
Implementing Rules and Regulations of Republic Act No. 10533 Otherwise Known as the
Enhanced Basic Education Act of 2013, the Department of Education (DepEd) is adopting
the enclosed Indigenous Peoples Education Curriculum Framework.
• Recognizing the right of indigenous peoples to basic education that is culturally rooted
and responsive, the IPEd Curriculum Framework seeks to provide guidance to schools and
other education programs, both public and private, as they engage with indigenous
communities in localizing, indigenizing, and enhancing the K to 12 Curriculum based on
their respective educational and social contexts.
DO 32, S. 2015
(ADOPTING THE INDIGENOUS PEOPLES EDUCATION
CURRICULUM FRAMEWORK DATED JULY 29, 2015)
• Fundamental to IPEd is establishing institutionalized partnership between indigenous communities
and the respective schools/learning programs which serve them. This is to be pursued through
sustainable community engagement which guarantees the meaningful participation of indigenous
communities in the inclusion of their Indigenous Knowledge Systems and Practices (IKSPs) and
Indigenous Learning Systems (ILS) in the Basic Education Curriculum.
• The continuous process of community engagement and refinement of the IPEd Curriculum at the
school community level actualizes the Department’s commitment to the attainment of the
abovementioned right of indigenous peoples to education. In this regard, for schools and learning
programs serving indigenous learners, the aims of the K to 12 Program are realized through IPEd.
• The IPEd Curriculum Framework was formulated based on inputs from a series of consultations
conducted by the DepEd – Indigenous Peoples Education Office (IPsEO) with community elders,
leaders, and implementers of community-based IPEd initiatives.
DO 103, S. 2011
(CREATION OF INDIGENOUS PEOPLES EDUCATION OFFICE (IPSEO)
DATED DECEMBER 26, 2011)
• The Indigenous Peoples Rights Act of 1997 also known as the Republic Act (RA) No. 8371 mandates all
government agencies to recognize and promote the rights of Indigenous Cultural
Communities/Indigenous Peoples (ICCs/IPs) within the framework of national unity and development.
• Using this RA as the legal basis, the Department of Education (DepEd) issued the DepEd Order No. 62,
s. 2011 entitled National Indigenous Peoples Education Policy Framework, to serve as an instrument for
promoting shared accountability, continuous dialogue, engagement and partnership among
government, IPs communities, civil society and other education stakeholders in upholding the IPs
Learners’ education rights.
• To operationalize the said Indigenous Peoples framework, the DepEd felt the need to establish a
mechanism for the mobilization, implementation and coordination of all programs and projects of this
Department pertaining to IPs Education. Accordingly, the Creation of the IPs Education Office (IPsEO) is
important to ensure continued delivery of quality education to the IPs Learners.
DO 103, S. 2011
(CREATION OF INDIGENOUS PEOPLES EDUCATION OFFICE (IPSEO)
DATED DECEMBER 26, 2011)
• The IPsEO shall perform the following specific functions:
• Act as the focal point for DepEd in planning, implementing, coordinating and monitoring of activities related
to IPs Education;
• Develop and recommend policy standards and actions to DepEd management to enhance DepEd’s
implementation of education initiatives for the IPs Learners;
• Initiate and coordinate cooperation and collaborative activities with the national government agencies
(NGAs), non-government organizations (NGOs) and civil society groups (CSGs), Indigenous People’s
Organizations, Private Business Organizations (PBOs)/Corporate Foundations, Academic Institutions and
other inter-agency and cluster groupings concerned with IPs Education; and
• Serve as clearinghouse for all IPs Education related transactions including production and issuance of
modules, indigenized curriculum, and other related materials.
• The IPsEO shall be under the functional direction of the Undersecretary for Programs and Projects. The
DepEd shall engage the services of the Project Development Officers (PDOs) on a contractual basis to serve
as technical personnel/assistants in the IPsEO.
DEPED UPHOLDS IP LEARNERS’ RIGHT TO BASIC
EDUCATION
• DepEd Secretary Leonor Magtolis Briones assured the IP communities and learners that their right to
basic education is upheld and protected as the Department joins the celebration of the National
Indigenous Peoples’ Month.
• The national data as of SY 2018-2019 showed a total of 2,593,555 IP learners enrolled in 39,994 public
schools; 253,113 IP learners in 10,980 private schools nationwide.
• “We care about the 2.6 million IP learners all over the country spread in 31,000 schools. We care about
them and we care about what are taught, who their teachers are, what their activities are and what
they do after, before or after the schooling,” Briones said in a press conference on October 17, 2019.
• In the case of the former students of Salugpongan schools, 1,000 are already enrolled in nearby DepEd
schools. Parents of affected IP learners who have yet to enroll in DepEd schools are encouraged to
bring their children to school.
DEPED UPHOLDS IP LEARNERS’ RIGHT TO BASIC
EDUCATION
• Initiated in 2013, the IPEd Program has strengthened the enabling conditions for culture-based
education while promoting the value of indigenous identity, knowledge, competencies, and other
aspects of their cultural heritage.
• The program’s initiatives include establishment of dialogue mechanisms with IP communities, personnel
hiring and capacity development, and responding to access concerns.
• Curriculum contextualization and Mother Tongue-based Multilingual Education (MTB-MLE)
implementation have been prioritized in support of the development of culturally appropriate learning
resources and environment.
• Currently, there are more than 90,000 IP learners are directly being served through contextualized
lesson plans and 112 IP languages are used in developing MTB- MLE prerequisites.
• Sixteen Regional Offices including the Bangsamoro Autonomous Region in Muslim Mindanao
(BARMM) and 117 divisions have been provided IPEd Program Support Fund (PSF) and technical
INDIGENOUS PEOPLE POPULATION
•Indigenous peoples represent about 10 per
cent of the Filipino population and are found
throughout the archipelago.
•The largest groups, the Igorots and Aetas, are
concentrated in the mountain ranges of Luzon
Island.
HOW DID THE INDIGENOUS EDUCATION START?
• “We cannot benefit from front-line services and difficult
communications prevent us from telling the government what we
need,” said Carling Dumulot, Aeta leader in Zambales.
• Extreme poverty and marginalization among indigenous peoples led
the Catholic Church to set up in 1995 the Episcopal Commission on
Indigenous Peoples (ECIP) to defend minority rights and help
indigenous groups find ways to bridge the gap between their cultures
and the rest of the world.
NON-FORMAL EDUCATION (NFE)
• It involves teaching reading and arithmetic by using non-traditional
methods that rely on elements of indigenous cultures. Offered for free,
classes have no age limit, can be held in the open and are flexible
schedule-wise with up to three sessions per week, which enables
people who have work commitments to attend.
• In place in Zambales province since 1983, the program has been used
by Franciscan missionary nuns to educate Aetas, deemed the oldest
indigenous community in the country, with its own language and
traditions found nowhere else, and traditionally isolated from the wider
society.
NON-FORMAL EDUCATION (NFE)
• BASIC EDUCATION-It is the education intended to meet basic learning needs which lays
the foundation on which subsequent learning can be based.
• FORMAL EDUCATION-It is the systematic and deliberate process of hierarchically
structured and sequential learning corresponding to the general concept of elementary
and secondary level of schooling.
• INFORMAL EDUCATION- It is a lifelong process of learning by which every person
acquires and accumulates knowledge, skills, attitudes and insights from daily experiences
at home, at work, at play and from life itself
• NON-FORMAL EDUCATION (NFE)- It refers to any organized, systematic educational
activity carried outside the framework of the formal system to provide selected types of
learning to a segment of the population.
WHO FINANCES NFE?
1. Bureau of Alternative Learning System
2.Local Government Units
3.Non-government Organizations
4.Private Groups/Donors
USAPAN AT AKSYON SA ALS NGAYON (USAPAN)
•It aims to support the professional
growth and develop competence of the
Mobile Teachers by organizing them
into small groups or clusters to learn
from one another.
MAJOR TYPES OF NFE PROGRAMS
1. BASIC LITERACY PROGRAM
This aims to provide illiterate out-of-school children, youth
and adults the basic literacy.
It is a straight literacy program that uses the life skills
approach with a modified content according to different
learning groups.
MAJOR TYPES OF NFE PROGRAMS
2. ACCREDITATION & EQUIVALENCY PROGRAM
This aims to provide learners a range of alternative
pathways in order that they may continue their
learning outside of the formal school system and
upgrade their skills and competencies and functional
literacy.
MAJOR TYPES OF NFE PROGRAMS
3. INDIGENOUS PEOPLE’S EDUCATION
This aims to develop ALS intervention that is
acceptable to the IP’s in general and specific IP
communities.
The content is based on Indigenous People’s Rights
Act.
MAJOR TYPES OF NFE PROGRAMS
4. INFORMAL EDUCATION
This program is focused on the packaging of special
interest short term courses for continuing education
program for specific interest groups .
MAJOR TYPES OF NFE PROGRAMS
5. MADRASAH EDUCATION
This program aims to foster better understanding
between the migrant Muslims and their host
communities.
THE PAMULAAN CENTER FOR INDIGENOUS
PEOPLES EDUCATION
• Pamulaan Center for Indigenous Peoples Education is an educational
institution dedicated to the indigenous peoples in the Philippines. The
first of its kind in the country, its main thrust is to create a culturally
appropriate and relevant pathways of TRAINING and FORMATION for
the indigenous children, youth, community leaders, and development
workers. The Center hopes to produce graduates equipped with
knowledge and abilities to initiate collaborative actions towards
sustainable development of IP communities.
THE PAMULAAN CENTER FOR INDIGENOUS
PEOPLES EDUCATION
• There are 29 young people from the island of Mindanao in the
Philippines who are in need of a special gift – the gift of an education.
They are students at the Pamulaan Center for Indigenous Peoples
Education.
• The Pamulaan Center was established to enable young people from
neglected tribal communities to gain an education and to return to
their communities empowered to make a difference.
Source: https://ace.iafor.org/pamulaan-center-indigenous-peoples-
education/
PAMULAAN FRAMEWORK (ECD, ELEMENTARY, HIGH
SCHOOL AND TERTIARY EDUCATION)
• EARLY CHILDHOOD DEVELOPMENT PROGRAM
• A two-year program for pre-school indigenous children. Centers of interest based on the point of view of the
child and his/her cultural background have been organized into program components.
• ELEMENTARY AND HIGHSCHOOL PROGRAM
• Formal Elementary and Secondary Education Programs using an enriched (indigenized) Department of
Education curriculum and management. It operates on the principle of respect for, and recognition of the
indigenous peoples' life and culture.
• TERTIARY EDUCATION
• A ladderized approach to educational study, it offers full-time degree courses as well as short-term training courses on:
Bachelor of Science in Education, Bachelor of Science in Agricultural Technology, Bachelor of Arts in Anthropology, and
Bachelor of Arts in Peace Education.
PAMULAAN'S 8 ELEMENTS OF AN INDIGENOUS
PEOPLES' EDUCATION SYSTEM
1. Valuing Indigenous Education (PHILOSOPHY)
2. Promoting Cultural Integrity (CURRICULUM DEVELOPMENT)
3. Valuing Land and Environment (CURRICULUM DEVELOPMENT)
4. Employing Holistic and Integrative Learning Process (CURRICULUM DEVELOPMENT)
5. Enhancing Creative and Analytical Thinking (APPROACH & METHODOLOGY)
6. Promoting the Value of Service and Volunterism (APPROACH & METHODOLOGY)
7. Promoting Peace and Community Building (POLICIES & GUIDELINES)
8. Promoting Empowerment and Peoples Participation (MANAGEMENT, MONITORING &
EVALUATION)

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International, National and Local Human Right Laws on IPs

  • 1. THE INTERNATIONAL, NATIONAL, AND LOCAL HUMAN RIGHT LAWS THAT CONTAIN THE PROVISIONS ON INDIGENOUS PEOPLES RIGHT TO EDUCATION REY JOHN B. REBUCAS, LPT Instructor
  • 2. UN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES (2007) • The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was adopted by the General Assembly on Thursday, 13 September 2007, by a majority of 144 states in favor, 4 votes against (Australia, Canada, New Zealand and the United States) and 11 abstentions (Azerbaijan, Bangladesh, Bhutan, Burundi, Colombia, Georgia, Kenya, Nigeria, Russian Federation, Samoa and Ukraine). • The Declaration establishes a universal framework of minimum standards for the survival, dignity, well- being and rights of the world's indigenous peoples. The Declaration addresses both individual and collective rights; cultural rights and identity; rights to education, health, employment, language, and others. It outlaws discrimination against indigenous peoples and promotes their full and effective participation in all matters that concern them. It also ensures their right to remain distinct and to pursue their own priorities in economic, social and cultural development. The Declaration explicitly encourages harmonious and cooperative relations between States and indigenous peoples.
  • 3. REPUBLIC ACT NO. 8371 IPRA (INDIGENOUS PEOPLES RIGHTS ACT OF 1997) • IPRA, formerly known as Ancestral Domain Bill, was first filed in the Congress sometime in 1987 under the Senate Bill No. 909 authored by Senator Santanina Rasul, Senator Joseph Estrada and Senator Alberto Romulo, during the 8th Congress, but was never enacted in to law. In the 9th Congress, Senator Rasul introduced Senate Bill No. 1029 and Senator Macapagal-Arroyo introduced Senate Bill No. 1849. However, the bill was never sponsored and deliberated upon in the floor. • A consensus was made on December 1995 between IP representatives and NGO representatives. Seven non-negotiable points of the bill that were promoted are the following: a) recognition of native title and rights of IPs to ancestral domains, b )respect for the right to cultural integrity, c) recognition of indigenous peoples’ political structures and governance, d) delivery of basic services to the indigenous peoples, e) respect for human rights, f) elimination of discrimination, g) and creation of an office that would cater to the IPs.
  • 4. • Year 1996, during the 10th Congress, Senator Juan Flavier sponsored the Bill no. 1728 which meant that he has to defend the bill in all the Senate deliberations and discussions. In his sponsorship speech, he discussed the legal bases for the bill which can be found in the 1987 Constitution. • Despite difficult hurdles and amendments enacted in the Congress which nearly brought the movement to its death, the House of Representatives finally approved the bill late in September 1997. President Fidel V. Ramos signed it on 22 October 1997 officially making it Republic Act No. 8371 Indigenous People's Rights Act of 1997 which aims to "Recognize, Protect and Promote the Rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPS) and for other Purposes. • An act to recognize, protect the rights of indigenous cultural communities/indigenous peoples, creating a national commission on indigenous peoples, establishing implementing mechanisms, appropriating funds therefore, and other purposes. REPUBLIC ACT NO. 8371 IPRA (INDIGENOUS PEOPLES RIGHTS ACT OF 1997)
  • 5. REPUBLIC ACT NO. 8190 (LOCALIZATION LAW) • AN ACT GRANTING PRIORITY TO RESIDENTS OF THE BARANGAY, MUNICIPALITY OR CITY WHERE THE SCHOOL IS LOCATED, IN THE APPOINTMENT OR ASSIGNMENT OF CLASSROOM PUBLIC SCHOOLTEACHERS. • Section 1. In the appointment or assignment of teachers to public elementary or secondary schools, priority shall be given to bona fide residents of the barangay, municipality, city or province where the school is located: Provided, That the teacher possesses all the minimum qualifications for the position as required by law. • Protests regarding the appointment or assignment of classroom public school teachers shall prescribe in three (3) months upon the issuance of such appointments or assignment. • Sec. 2. In the exercise of its disciplinary authority, the Secretary of Education, Culture and Sports shall impose the following administrative sanctions for any willful violation of this Act: (1) first violation — suspension of one (1) month without pay; (2) second violation — suspension of two (2) months without pay; and (3) third violation and subsequent violations hereof — suspension of six (6) months without pay.
  • 6. REPUBLIC ACT NO. 8190 (LOCALIZATION LAW) • Sec. 3. The Department of Education, Culture and Sports (DECS) shall prescribe the rules and regulations necessary to implement this Act. The DECS shall provide the senate and the House of Representatives a copy of the rules and regulations within ninety (90) days after approval of this Act. • Sec. 4. All laws, decrees, executive orders, rules and regulations, or parts thereof inconsistent with this Act are hereby repealed or modified accordingly. • Sec. 5. This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) newspapers of general circulation. • Approved: June 11, 1996
  • 7. AMENDED IMPLEMENTING RULES AND REGULATIONS OF R.A. NO. 8190 • SECTION 1. DEFINITION OF TERMS • As used herein, the following terms shall be understood to mean: • (a) TEACHER refers to a person who meets the minimum requirements for the position as required by law and the standards set by the Department who does actual teaching in classrooms and other learning centers. • (b) APPLICANT refers to a person who holds a valid certificate of registration/professional license as a teacher from the Professional Regulation Commission (PRC) seeking to be appointed to a Teacher I Position. • (c) QUALIFIED APPLICANT refers to a person who meets the evaluation and selection criteria as prescribed by the Department of Education (DepEd), and who is in the registry of the Schools Division and is a bona fide resident. • (d) BONA FIDE RESIDENT refers to a qualified applicant who is, prior to appointment, resident for a period of at least six (6) months of a particular barangay, municipality, city or province where the school is located, as evidenced by legal documents to be identified by the Department.
  • 8. AMENDED IMPLEMENTING RULES AND REGULATIONS OF R.A. NO. 8190 • (e) SECRETARY refers to the Department of Education Secretary • (f) REGIONAL DIRECTOR refers to the Department of Education Regional Director • (g) PROTEST refers to the administrative complaint filed by an aggrieved applicant (complainant) regarding an appointment or assignment to a Teacher I made by an appointing or assigning authority (respondent). • (h) APPOINTMENT refers to the issuance of original appointment of teachers • (i) ASSIGNMENT refers to the posting of a teacher in a public school or other learning center. • (j) REGISTRY refers to the official list of qualified applicants in the Schools Division.
  • 9. AMENDED IMPLEMENTING RULES AND REGULATIONS OF R.A. NO. 8190 • SECTION 2. COVERAGE • These rules and regulations shall apply to appointment or assignment of teachers in all public schools and other learning centers under the Department of Education. • SECTION 3. FILLING UP OF VACANT POSITIONS • In the appointment or assignment of teachers to public schools and other learning centers with vacant teaching positions, priority shall be given to bonafide residents of the barangay, municipality, city or province where the school is located, in no particular order. • Provided, that the teacher possesses all the qualifications for the position as required by law and DepEd Orders. • Provided, further, that among the bonafide residents of the barangay, municipality, city or province where the school or learning center is located, the most qualified shall be given priority.
  • 10. AMENDED IMPLEMENTING RULES AND REGULATIONS OF R.A. NO. 8190 • SECTION 5. PROTEST PROCEDURES FOR VIOLATIONS OF RA 8190 • Aggrieved applicants in the registry of the Schools Division may file a protest. The protest, which shall be subscribed and sworn to in the form of a letter-complaint in three (3) copies, shall be filed at the Regional Office within ninety (90) days from the issuance of the appointment. • The Regional Director shall, within seventy-two (72) hours upon receipt of the protest, require the Schools Division Superintendent (SDS) to answer the allegations in the protest within fifteen (15) days, furnishing the protestant a copy thereof. • The Regional Director’s decision may be appealed to the DepEd Secretary within fifteen (15) days upon receipt thereof. Any appeal on the decision of the Secretary shall be filed with the Civil Service Commission. • A protest shall not render an appointment ineffective nor bar the approval thereof by the appointing authority, but the approval shall be subject to the final outcome of the protest.
  • 11. AMENDED IMPLEMENTING RULES AND REGULATIONS OF R.A. NO. 8190 • SECTION 6. SANCTIONS • Any person found guilty of violating any of the provisions of RA 8190 and these implementing rules and regulations or any part hereof shall be charged administratively pursuant to RA 6713 otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees and other relevant laws, rules and regulations. Administrative sanctions for any willful violations of RA 8190 and its implementing rules and regulations shall be imposed as follows: • (a) First violation – suspension of one month without pay; • (b) Second violation – suspension of two months without pay; and • (c) Third violation and subsequent violation – suspension of six months without pay.
  • 12. AMENDED IMPLEMENTING RULES AND REGULATIONS OF R.A. NO. 8190 • SECTION 7. SEPARABILITY CLAUSE • Should any provision of this IRR be subsequently declared invalid or unconstitutional, the same shall not affect the validity and effectivity of the other provisions. • SECTION 8. REPEALING CLAUSE • Rules, regulations and issuances which are inconsistent with these rules are hereby repealed, rescinded or amended accordingly. • SECTION 9. EFFECTIVITY • These rules and regulations shall take effect fifteen (15) days after its publication in the Official Gazette or in at least one (1) newspaper of general circulation. • Approved December 20, 2012
  • 13. REPUBLIC ACT NO. 9155 (GOVERNANCE OF BASIC EDUCATION ACT OF 2001) • AN ACT INSTITUTING A FRAMEWORK OF GOVERNANCE FOR BASIC EDUCATION, ESTABLISHING AUTHORITY AND ACCOUNTABILITY, RENAMING THE DEPARTMENT OF EDUCATION, CULTURE AND SPORTS AS THE DEPARTMENT OF EDUCATION, AND FOR OTHER PURPOSES. • Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: This Act shall be known as the “Governance of Basic Education Act of 2001”.
  • 14. DEPED ORDER NO. 62, S. 2011 (ADOPTING THE NATIONAL INDIGENOUS PEOPLES (IP) EDUCATION POLICY FRAMEWORK) DATED AUGUST 8, 2011 • 1. In line with the country’s commitment to achieve its Education for All (EFA) targets and the Millennium Development Goals (MDGs), and in pursuit of the Basic Education Sector Reform Agenda (BESRA), the Department of Education (DepEd) is adopting the enclosed National Indigenous Peoples Education Policy Framework. It was prepared in consultation with the representatives from Indigenous Peoples (IP) communities, civil society, and other government agencies. • 2.This Policy Framework is intended to be an instrument for promoting shared accountability, continuous dialogue, engagement, and partnership among government, IP communities, civil society, and other education stakeholders. Recognizing education as a necessary means to realize other human rights and fundamental freedoms, the DepEd urges the strengthening of its policy on IP education and develop and implement an IP Education Program. This Program subscribes to the rights-based approach which gives primary importance to the principles of participation, inclusion, and empowerment.
  • 15. DEPED ORDER NO. 62, S. 2011 (ADOPTING THE NATIONAL INDIGENOUS PEOPLES (IP) EDUCATION POLICY FRAMEWORK) DATED AUGUST 8, 2011 • 3. Many IP communities continue to lack access to decent basic social services; they have limited opportunities to engage in the mainstream economy, and suffer social, economic, and political exclusion marginalization. A major factor contributing to their disadvantaged position is the lack of access to culture-responsive basic education. Thus, the right of indigenous peoples to education is provided in the 1987 Philippine Constitution, the Indigenous Peoples Rights Act (IPRA) of 1997, and the numerous international human rights instruments, especially in the United Nations (UN) Declaration on the Rights of Indigenous Peoples (2007). • 4. Immediate dissemination of and compliance with this Order is directed. BR. ARMIN A. LUISTRO FSC (signed).
  • 16. PHILIPPINE CONSTITUTION 1987 (ARTICLE XIV, SEC. 1; ARTICLE XIV, SEC. 2 & 4 AND ARTICLE XIV, SECTION 17) •ARTICLE XIV-Education, Science and Technology, Arts, Culture, and Sports Education • 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.
  • 17. PHILIPPINE CONSTITUTION 1987 (ARTICLE XIV, SEC. 1; ARTICLE XIV, SEC. 2 & 4 AND ARTICLE XIV, SECTION 17) • 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 right 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 systems, 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.
  • 18. PHILIPPINE CONSTITUTION 1987 (ARTICLE XIV, SEC. 1; ARTICLE XIV, SEC. 2 & 4 AND ARTICLE XIV, SECTION 17) • SECTION 4. The State shall: • (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 owned 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 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.
  • 19. PHILIPPINE CONSTITUTION 1987 (ARTICLE XIV, SEC. 1; ARTICLE XIV, SEC. 2 & 4 AND ARTICLE XIV, SECTION 17& 18) • SECTION 4. The State shall: • (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.
  • 20. PHILIPPINE CONSTITUTION 1987 (ARTICLE XIV, SEC. 1; ARTICLE XIV, SEC. 2 & 4 AND ARTICLE XIV, SECTION 17& 18) • Section 17. The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies. • Section 18. (1) The State shall ensure equal access to cultural opportunities through the educational system, public or private cultural entities, scholarships, grants and other incentives, and community cultural centers, and other public venues.
  • 21. DO 42, S. 2004 PERMIT TO OPERATE PRIMARY SCHOOLS FOR INDIGENEOUS PEOPLES AND CULTURAL COMMUNITIES DATED JUNE 15, 2004 • Article II, Sec 22 of the 1987 Philippine Constitution states that “the State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development”. • Likewise, Article XIV, Sections 2.4 and 17 of the Constitution states that “the State shall encourage nonformal, informal and indigenous learning systems, as well as self learning, independent and out-of-school study programs particularly those that respond to community needs”. “Further, the State shall recognize, respect and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions and institutions. It shall consider their rights in the formulation of national plans and policies”. • In view of the above constitutional mandates, concerned individuals and organizations started organizing primary schools for the Indigenous People to alleviate their plight.
  • 22. DO 42, S. 2004 PERMIT TO OPERATE PRIMARY SCHOOLS FOR INDIGENEOUS PEOPLES AND CULTURAL COMMUNITIES DATED JUNE 15, 2004 • These Indigenous People (IP) schools have been encouraged to register with the DepED for mainstreaming in the educational system. However, flexibility in terms of the following requirements is recommended: • CURRICULUM. It should be flexible without undermining the balance between the attainment of the core learning competencies which every Filipino learner should master in the community and the indigenous culture. • TEACHERS. As much as possible, qualified teachers should teach the core subjects of the curriculum. However, in handling the concerns of the community, e.g. culture, traditions, songs, practices, para- teachers from the place or those who know the culture may be employed. They may not be holders of a degree in education but experienced or trained parents. • SCHOOL CALENDAR. While cultural/tribal idiosyncrasies are to be observed, the required calendar days of the school year should be adhered to as much as possible.
  • 23. DO 42, S. 2004 PERMIT TO OPERATE PRIMARY SCHOOLS FOR INDIGENEOUS PEOPLES AND CULTURAL COMMUNITIES DATED JUNE 15, 2004 • Adults and out-of-school youths, who want to continue their studies may either avail of the Nonformal Education Accreditation and Equivalency (NFE A&E) Test or the Philippine Education Placement Test (PEPT) to determine their learning status for the former and the grade/year level placement for the latter. • Children who finished studies in unrecognized schools but want to continue their studies in the regular schools may submit themselves to a Validating Test (Philippine Validity Test (PVT) to be administered by the National Education, Testing and Research Center (NETRC) to determine their competencies for proper grade placement. • It is desired that full assistance of school authorities be extended to this sector and corresponding report of said registration be submitted to the Office of the Secretary (OSEC) for proper documentation. • Immediate dissemination of and compliance with this Order is directed.
  • 24. DO 101, S. 2010 (THE ALTERNATIVE LEARNING SYSTEM (ALS) CURRICULUM FOR INDIGENOUS PEOPLES (IPS) EDUCATION DATED SEPTEMBER 14, 2010) • The Alternative Learning System (ALS) Curriculum for Indigenous Peoples (IPs) Education • In response to the Education for All (EFA) campaign to provide for the basic learning needs of all marginalized learners, the Bureau of Alternative Learning System (BALS) initiated the development of an education curriculum that was designed to meet the learning needs of the Indigenous People (IP) communities. • The IP Education Curriculum for the Alternative Learning System (ALS) was developed in the year 2006 in coordination with the National Commission on Indigenous Peoples (NCIP) and was validated by the various indigenous cultural communities (ICCs) in the Philippines. • The learning competencies of the IP Curriculum were drawn from the existing ALS curriculum for the basic literacy, elementary and secondary levels. The curriculum content however, was based on the Indigenous Peoples Rights Act (IPRA) or Republic Act (RA) No. 8371. The educational goal of the IP Curriculum is the attainment of functional literacy for the IPs.
  • 25. DO 101, S. 2010 (THE ALTERNATIVE LEARNING SYSTEM (ALS) CURRICULUM FOR INDIGENOUS PEOPLES (IPS) EDUCATION DATED SEPTEMBER 14, 2010) • The IP Curriculum reflects the core areas of the IP’s concerns such as the following: • FAMILY LIFE – It touches on the life of an IP as a member of the family from birth to death. It delineates the varying roles of the members of the family and how these affect the individual and the whole ICC in their respective domains; • HEALTH, SANITATION AND NUTRITION – This brings into fore the IP’s concept of self and the environment and how each interplays with the other. It features the indigenous practices, knowledge and local beliefs on hygiene, health and food. The core area discusses the common ailments and health issues confronting the IPs brought about by their unique geographical locations and situations; • CIVIC CONSCIOUSNESS – It highlights the rich worldview of the IPs ranging from their life ways, identify and history. It is loaded heavily with their aspirations, needs and sentiments as a people. This core area also includes provisions of the RA No. 8371 or the IPRA which brings into consciousness the IP’s rights to their ancestral domain and their development; • ECONOMICS AND INCOME – It presents the system of community management of supply and demand among the IPs. It features the IP’s forms of earning a living and caring for their communal source of life and livelihood; and • ENVIRONMENT – It deals with the IP’s communion with nature. It stresses their strong attachment to the environment.
  • 26. DO 101, S. 2010 (THE ALTERNATIVE LEARNING SYSTEM (ALS) CURRICULUM FOR INDIGENOUS PEOPLES (IPS) EDUCATION DATED SEPTEMBER 14, 2010) • LEARNING STRAND ONE – Communication Skills. This strand aims to develop the ability of the IP learners to access, critically process and effectively make use of available information in a variety of media to be able to: (a) function effectively as a member of the family, community, nation and the world; and (b) actively participate in community and economic development; • LEARNING STRAND TWO – Problem Solving and Critical Thinking. This strand aims to enable the IP learners to be aware of their own thinking, make critical and informed decisions, defend their ideas, evaluate the ideas of others and strive for new ways of solving problems, and do all these in an atmosphere of community and consensus-building. Through the development of these skills, IP learners will be able to enhance their personal social effectiveness and improve the quality of their lives. • LEARNING STRAND THREE – Development of Self and a Sense of Community. This strand aims to help the IP learners acquire a positive sense of self and a sense of community that will lead to the development of their potentials and enable them to live harmoniously together and with others.
  • 27. DO 101, S. 2010 (THE ALTERNATIVE LEARNING SYSTEM (ALS) CURRICULUM FOR INDIGENOUS PEOPLES (IPS) EDUCATION DATED SEPTEMBER 14, 2010) • LEARNING STRAND FOUR – Practice of Ecological Sustainable Economics. This learning strand aims to help the IP learners achieve responsible well-being and ensure active participation in the economic life of the community. Its framework rests on the understanding that any human community’s life and existence is anchored on the well-being of the ancestral domain (resource) on which the community depends. • LEARNING STRAND FIVE – Expanding One’s World View. This strand aims to provide an atmosphere for the IP learners to appreciate and practice freely their own culture and at the same time to be equipped with basic competencies to face the challenges of a global community and the influx of change. • The IP Curriculum is supported by learning resources that are written in mother tongue. Presently, thirteen (13) of the basic literacy level materials are written in eight (8) mother tongue and are being used in selected Community Learning Centers (CLC) of the ICCs. • The IP Curriculum is to be implemented by trained ALS implementers with IP learners. Immediate dissemination of and compliance with this Order is directed.
  • 28. DO 32, S. 2015 (ADOPTING THE INDIGENOUS PEOPLES EDUCATION CURRICULUM FRAMEWORK DATED JULY 29, 2015) • Pursuant to DepEd Order No. 62, s. 2011 entitled Adopting the National Indigenous Peoples Education (IPEd) Policy Framework and DepEd Order No. 43, s. 2013 entitled Implementing Rules and Regulations of Republic Act No. 10533 Otherwise Known as the Enhanced Basic Education Act of 2013, the Department of Education (DepEd) is adopting the enclosed Indigenous Peoples Education Curriculum Framework. • Recognizing the right of indigenous peoples to basic education that is culturally rooted and responsive, the IPEd Curriculum Framework seeks to provide guidance to schools and other education programs, both public and private, as they engage with indigenous communities in localizing, indigenizing, and enhancing the K to 12 Curriculum based on their respective educational and social contexts.
  • 29. DO 32, S. 2015 (ADOPTING THE INDIGENOUS PEOPLES EDUCATION CURRICULUM FRAMEWORK DATED JULY 29, 2015) • Fundamental to IPEd is establishing institutionalized partnership between indigenous communities and the respective schools/learning programs which serve them. This is to be pursued through sustainable community engagement which guarantees the meaningful participation of indigenous communities in the inclusion of their Indigenous Knowledge Systems and Practices (IKSPs) and Indigenous Learning Systems (ILS) in the Basic Education Curriculum. • The continuous process of community engagement and refinement of the IPEd Curriculum at the school community level actualizes the Department’s commitment to the attainment of the abovementioned right of indigenous peoples to education. In this regard, for schools and learning programs serving indigenous learners, the aims of the K to 12 Program are realized through IPEd. • The IPEd Curriculum Framework was formulated based on inputs from a series of consultations conducted by the DepEd – Indigenous Peoples Education Office (IPsEO) with community elders, leaders, and implementers of community-based IPEd initiatives.
  • 30. DO 103, S. 2011 (CREATION OF INDIGENOUS PEOPLES EDUCATION OFFICE (IPSEO) DATED DECEMBER 26, 2011) • The Indigenous Peoples Rights Act of 1997 also known as the Republic Act (RA) No. 8371 mandates all government agencies to recognize and promote the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) within the framework of national unity and development. • Using this RA as the legal basis, the Department of Education (DepEd) issued the DepEd Order No. 62, s. 2011 entitled National Indigenous Peoples Education Policy Framework, to serve as an instrument for promoting shared accountability, continuous dialogue, engagement and partnership among government, IPs communities, civil society and other education stakeholders in upholding the IPs Learners’ education rights. • To operationalize the said Indigenous Peoples framework, the DepEd felt the need to establish a mechanism for the mobilization, implementation and coordination of all programs and projects of this Department pertaining to IPs Education. Accordingly, the Creation of the IPs Education Office (IPsEO) is important to ensure continued delivery of quality education to the IPs Learners.
  • 31. DO 103, S. 2011 (CREATION OF INDIGENOUS PEOPLES EDUCATION OFFICE (IPSEO) DATED DECEMBER 26, 2011) • The IPsEO shall perform the following specific functions: • Act as the focal point for DepEd in planning, implementing, coordinating and monitoring of activities related to IPs Education; • Develop and recommend policy standards and actions to DepEd management to enhance DepEd’s implementation of education initiatives for the IPs Learners; • Initiate and coordinate cooperation and collaborative activities with the national government agencies (NGAs), non-government organizations (NGOs) and civil society groups (CSGs), Indigenous People’s Organizations, Private Business Organizations (PBOs)/Corporate Foundations, Academic Institutions and other inter-agency and cluster groupings concerned with IPs Education; and • Serve as clearinghouse for all IPs Education related transactions including production and issuance of modules, indigenized curriculum, and other related materials. • The IPsEO shall be under the functional direction of the Undersecretary for Programs and Projects. The DepEd shall engage the services of the Project Development Officers (PDOs) on a contractual basis to serve as technical personnel/assistants in the IPsEO.
  • 32. DEPED UPHOLDS IP LEARNERS’ RIGHT TO BASIC EDUCATION • DepEd Secretary Leonor Magtolis Briones assured the IP communities and learners that their right to basic education is upheld and protected as the Department joins the celebration of the National Indigenous Peoples’ Month. • The national data as of SY 2018-2019 showed a total of 2,593,555 IP learners enrolled in 39,994 public schools; 253,113 IP learners in 10,980 private schools nationwide. • “We care about the 2.6 million IP learners all over the country spread in 31,000 schools. We care about them and we care about what are taught, who their teachers are, what their activities are and what they do after, before or after the schooling,” Briones said in a press conference on October 17, 2019. • In the case of the former students of Salugpongan schools, 1,000 are already enrolled in nearby DepEd schools. Parents of affected IP learners who have yet to enroll in DepEd schools are encouraged to bring their children to school.
  • 33. DEPED UPHOLDS IP LEARNERS’ RIGHT TO BASIC EDUCATION • Initiated in 2013, the IPEd Program has strengthened the enabling conditions for culture-based education while promoting the value of indigenous identity, knowledge, competencies, and other aspects of their cultural heritage. • The program’s initiatives include establishment of dialogue mechanisms with IP communities, personnel hiring and capacity development, and responding to access concerns. • Curriculum contextualization and Mother Tongue-based Multilingual Education (MTB-MLE) implementation have been prioritized in support of the development of culturally appropriate learning resources and environment. • Currently, there are more than 90,000 IP learners are directly being served through contextualized lesson plans and 112 IP languages are used in developing MTB- MLE prerequisites. • Sixteen Regional Offices including the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) and 117 divisions have been provided IPEd Program Support Fund (PSF) and technical
  • 34. INDIGENOUS PEOPLE POPULATION •Indigenous peoples represent about 10 per cent of the Filipino population and are found throughout the archipelago. •The largest groups, the Igorots and Aetas, are concentrated in the mountain ranges of Luzon Island.
  • 35. HOW DID THE INDIGENOUS EDUCATION START? • “We cannot benefit from front-line services and difficult communications prevent us from telling the government what we need,” said Carling Dumulot, Aeta leader in Zambales. • Extreme poverty and marginalization among indigenous peoples led the Catholic Church to set up in 1995 the Episcopal Commission on Indigenous Peoples (ECIP) to defend minority rights and help indigenous groups find ways to bridge the gap between their cultures and the rest of the world.
  • 36. NON-FORMAL EDUCATION (NFE) • It involves teaching reading and arithmetic by using non-traditional methods that rely on elements of indigenous cultures. Offered for free, classes have no age limit, can be held in the open and are flexible schedule-wise with up to three sessions per week, which enables people who have work commitments to attend. • In place in Zambales province since 1983, the program has been used by Franciscan missionary nuns to educate Aetas, deemed the oldest indigenous community in the country, with its own language and traditions found nowhere else, and traditionally isolated from the wider society.
  • 37. NON-FORMAL EDUCATION (NFE) • BASIC EDUCATION-It is the education intended to meet basic learning needs which lays the foundation on which subsequent learning can be based. • FORMAL EDUCATION-It is the systematic and deliberate process of hierarchically structured and sequential learning corresponding to the general concept of elementary and secondary level of schooling. • INFORMAL EDUCATION- It is a lifelong process of learning by which every person acquires and accumulates knowledge, skills, attitudes and insights from daily experiences at home, at work, at play and from life itself • NON-FORMAL EDUCATION (NFE)- It refers to any organized, systematic educational activity carried outside the framework of the formal system to provide selected types of learning to a segment of the population.
  • 38. WHO FINANCES NFE? 1. Bureau of Alternative Learning System 2.Local Government Units 3.Non-government Organizations 4.Private Groups/Donors
  • 39. USAPAN AT AKSYON SA ALS NGAYON (USAPAN) •It aims to support the professional growth and develop competence of the Mobile Teachers by organizing them into small groups or clusters to learn from one another.
  • 40. MAJOR TYPES OF NFE PROGRAMS 1. BASIC LITERACY PROGRAM This aims to provide illiterate out-of-school children, youth and adults the basic literacy. It is a straight literacy program that uses the life skills approach with a modified content according to different learning groups.
  • 41. MAJOR TYPES OF NFE PROGRAMS 2. ACCREDITATION & EQUIVALENCY PROGRAM This aims to provide learners a range of alternative pathways in order that they may continue their learning outside of the formal school system and upgrade their skills and competencies and functional literacy.
  • 42. MAJOR TYPES OF NFE PROGRAMS 3. INDIGENOUS PEOPLE’S EDUCATION This aims to develop ALS intervention that is acceptable to the IP’s in general and specific IP communities. The content is based on Indigenous People’s Rights Act.
  • 43. MAJOR TYPES OF NFE PROGRAMS 4. INFORMAL EDUCATION This program is focused on the packaging of special interest short term courses for continuing education program for specific interest groups .
  • 44. MAJOR TYPES OF NFE PROGRAMS 5. MADRASAH EDUCATION This program aims to foster better understanding between the migrant Muslims and their host communities.
  • 45. THE PAMULAAN CENTER FOR INDIGENOUS PEOPLES EDUCATION • Pamulaan Center for Indigenous Peoples Education is an educational institution dedicated to the indigenous peoples in the Philippines. The first of its kind in the country, its main thrust is to create a culturally appropriate and relevant pathways of TRAINING and FORMATION for the indigenous children, youth, community leaders, and development workers. The Center hopes to produce graduates equipped with knowledge and abilities to initiate collaborative actions towards sustainable development of IP communities.
  • 46. THE PAMULAAN CENTER FOR INDIGENOUS PEOPLES EDUCATION • There are 29 young people from the island of Mindanao in the Philippines who are in need of a special gift – the gift of an education. They are students at the Pamulaan Center for Indigenous Peoples Education. • The Pamulaan Center was established to enable young people from neglected tribal communities to gain an education and to return to their communities empowered to make a difference. Source: https://ace.iafor.org/pamulaan-center-indigenous-peoples- education/
  • 47. PAMULAAN FRAMEWORK (ECD, ELEMENTARY, HIGH SCHOOL AND TERTIARY EDUCATION) • EARLY CHILDHOOD DEVELOPMENT PROGRAM • A two-year program for pre-school indigenous children. Centers of interest based on the point of view of the child and his/her cultural background have been organized into program components. • ELEMENTARY AND HIGHSCHOOL PROGRAM • Formal Elementary and Secondary Education Programs using an enriched (indigenized) Department of Education curriculum and management. It operates on the principle of respect for, and recognition of the indigenous peoples' life and culture. • TERTIARY EDUCATION • A ladderized approach to educational study, it offers full-time degree courses as well as short-term training courses on: Bachelor of Science in Education, Bachelor of Science in Agricultural Technology, Bachelor of Arts in Anthropology, and Bachelor of Arts in Peace Education.
  • 48. PAMULAAN'S 8 ELEMENTS OF AN INDIGENOUS PEOPLES' EDUCATION SYSTEM 1. Valuing Indigenous Education (PHILOSOPHY) 2. Promoting Cultural Integrity (CURRICULUM DEVELOPMENT) 3. Valuing Land and Environment (CURRICULUM DEVELOPMENT) 4. Employing Holistic and Integrative Learning Process (CURRICULUM DEVELOPMENT) 5. Enhancing Creative and Analytical Thinking (APPROACH & METHODOLOGY) 6. Promoting the Value of Service and Volunterism (APPROACH & METHODOLOGY) 7. Promoting Peace and Community Building (POLICIES & GUIDELINES) 8. Promoting Empowerment and Peoples Participation (MANAGEMENT, MONITORING & EVALUATION)