Educational legislation

EDUCATIONAL
LEGISLATION
Dr. Jewelson M. Santos
Professor

LESSONS
I. THE LEGAL BASES OF PHILIPPINE EDUCATION
Lesson 1: Major Legal Bases
Lesson 2: Other Legal Bases
II. THE ORGANIZATIONAL STRUCTURE AND THE HISTORICAL
DEVELOPMENT OF THE PHILIPPINE EDUCATIONAL SYSTEM AND THE
DEPARTMENT OF EDUCATION
Lesson 1: Historical Development of the Philippine Educational System
Lesson 2: The History of the Department of Education
Lesson 3: The EDCOM
Lesson 4: The Commission on Higher Education

LESSONS
III. THE TEACHER
Lesson 1: Teacher’s Qualifications
Lesson 2: The Philippine Teachers Professional Act of 1994
Lesson 3: Teachers Benefits

EDUCATIONAL LEGISLATION
The process of developing
education-related laws differs
from country to country, in some
cases occurring at the national
level, in other cases at the state
or local level.

MAJOR LAWS WHICH
STIPULATE THE
CURRENT PHILIPPINE
EDUCATIONAL
SYSTEM
• THE 1987 CONSTITUTIONS
• PRESIDENTIAL DECREE
NO. 6–A EDUCATIONAL
DEVELOPMENT DECREE
OF 1972
• BATAS PAMBANSA BLG.
232 (THE EDUCATION ACT
OF 1982)
• EXECUTIVE ORDER NO.
117, s. 1987

THE 1987
CONSTITUTIONS
Section 1. The state shall protect and promote the right of all the
citizens to quality education at all levels and shall take appropriate
steps to make such education accessible to all.

THE 1987
CONSTITUTIONS
Section 2. The state shall:
1.Establish, maintain and support a complete, adequate and integrated system of education relevant to the
needs of the people and society;
2.Establish and maintain s system of free public education in the elementary and high school levels. Without
limiting the natural rights of parents to rear their children, elementary education is compulsory for all children of
school age;
3.Establish and maintain a system of scholarship grants, student loan programs, subsidies and other
incentives which shall be available to deserving students in both public and private schools, especially to the
underprivileged;
4.Encourage non- formal, informal and indigenous learning system, as well as self- learning independent and
out-of-school study programs particularly those that respond to community needs; and

THE 1987
CONSTITUTIONS
Section 3.
1.All educational institutions shall include the study of the Constitution as part of the curricula.
2.They shall inculcate patriotism and nationalism, foster love of humanity, respect for human rights,
appreciation of the role of national heroes in the historical development of the country, teach the rights
and duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal
discipline, encourage critical and creative thinking, broaden scientific and technological knowledge and
promote efficiency.
3.At the option expressed in writing by the parent or guardians, religion shall be allowed to be taught to
their children or wards in the public elementary and high schools within the regular class hours by
instructors designated or approved by the religious authorities of the religion to which the children or
wards belong, additional cost to the Government.

THE 1987
CONSTITUTIONS
Section 4.
1.The state recognizes the complementary roles of the public and private institutions in the educational system
and shall exercise reasonable supervision and regulation of all educational institutions.
2.Educational institutions, other than those established by religious groups and mission boards, shall be
allowed solely by citizens of the Philippines or corporations or associations at least sixty per centum of the
capital of which is owned by such citizens. The Congress may, however, require increased Filipino equity
participation in all educational institutions. The control and administration of educational institutions shall
vested in citizens of the Philippines. No educational institution shall be established exclusively for aliens and
no group of aliens shall comprise more than one third of the enrollment in any school. The provisions of this
subsection shall not apply to schools established for foreign diplomatic personnel and their dependents and,
unless otherwise provided by law, for other foreign temporary residents.

THE 1987
CONSTITUTIONS
Section 4.
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
reinvestmen
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.

THE 1987
CONSTITUTIONS
Section 5.
1.The State shall take into account regional and sectoral needs and conditions and shall encourage local planning in the
development of educational policies and programs.
2.Academic freedom shall be enjoyed in all institutions of higher learning.
3.Every citizen has a right to select a profession or course of study, subject to fair, reasonable and equitable admission and
academic requirements.
4.The State shall enhance the right of teachers to professional advancement. Non- teaching academic and non-academic
personnel shall enjoy the protection of the State.
5.The State shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful
share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment.

THE 1987
CONSTITUTIONS
Quality education accessible to all. (Section 1)
 Complete, adequate, and integrated relevant education. (2.1.)
 Free public education in the elementary and high school level. (2.2.)
 Scholarship grants, loans, subsidies and other incentives
to deserving students in both private and public schools. (2.3.)
 Non-formal, formal, and indigenous learning systems. (2.4)
 Vocational training to adults, disabled and out of school youth. (2.5)
 Study of the constitution. (3.1)

THE 1987
CONSTITUTIONS
Study of values. (3.2.)
e.g. patriotism, nationalism, foster love of humanity, respect for human
rights,appreciation of the role of national heroes in the historical
development of thecountry, teach the rights and duties of citizenship,
strengthen ethical and spiritualvalues, etc.
 Optional religious instruction in public schools. (3.3.)
 Supervision and regulation of all schools. (3.4.)

THE 1987
CONSTITUTIONS
 Control and administration of schools by Filipinos. (3.5)
 Exemption from taxes and duties. (3.6.)
 Academic freedom in institutions in higher learning. (5.2,3,4.)
 Assigning highest budget priority to education. (5.5.)
 National language is Filipino. (6.1.)

PRESIDENTIAL DECREE NO. 6–A
EDUCATIONAL DEVELOPMENT
DECREE OF 1972
AUTHORIZING THE UNDERTAKING OF EDUCATIONAL DEVELOPMENT
PROJECTS, PROVIDING FOR THE MECHANICS OF IMPLEMENTATION AND
FINANCING THEREOF, AND FOR OTHER PURPOSES
Goals of the Educational system. (2, a – c)
1. To achieve and maintain an accelerating rate of economic development and social
progress.
2. To assure of maximum participation of all the people in the attainment and enjoyment of
the benefits of such growth.
3. To strengthen national consciousness and promote desirable cultural values in a
changing world.

DECREE OF 1972
Objectives of the Educational system. (3, a – d)
(a) Provide for a broad general education that will assist each individual, in the peculiar ecology of
his own society, to (1) attain his potential as a human being; (2) enhance the range and quality of
individual and group participation in the basic functions of society; and (3) acquire the essential
educational foundation for his development into a productive and versatile citizen:
(b) Train the nation's manpower in the middle level skill required for national development;
(c) Develop the high-level professions that will provide leadership for the nation, advance
knowledge through research, and apply new knowledge for improving the quality of human life; and
(d) Respond effectively to changing needs and conditions of the nation through a system of
educational planning and evaluation.

DECREE OF 1972
Ten–year program to attain the objectives. (4, a – f)
(a) Improvement of curricular programs and quality of instruction of all levels by way of upgrading physical faculties,
adoption of cost-saving instructional technology, and training and re-training of teachers and administrators;
(b) Upgrading of academic standards through accreditation schemes, admissions testing and guidance counselling;
(c) Democratization of access to educational opportunities through the provision of financial assistance to deserving
students, skills training programs for out-of-school youth and continuing education program for non-literate adults;
(d) Restructuring of higher education to become more responsive to national development needs through a planned
system of incentives and assistance to both public and private colleges and universities and synchronization of
curricular programs, staffing patterns and institutional development activities;
(e) Expansion of existing programs and establishment of new ones designed to train middle-level technical and
agricultural manpower; and
(f) Instituting reform in the educational financing system to facilitate the shift of funding responsibility for elementary
and secondary education from the national to the local government, thereby increasing government participation in
higher education.

DECREE OF 1972
Educational projects to attain objectives. (5, a – g)
a. Management studies by the Department of Education and Culture.
b. Improvement of secondary schools which include services, facilities, equipments
and curriculum.
c. Upgrading and improvement of technical institutions, skill–training centers and
other non-training programs for the out of school youth and the unemployed.
d. Curriculum and staff development including mathematics and science teaching.
e. Expansion of agricultural secondary and higher education programs.
f. Textbooks and instructional materials.
g. Assistance and incentives.

BATAS PAMBANSA BLG. 232
(THE EDUCATION ACT OF
1982)
This was an act providing for the establishment and maintenance of an
integrated system of education. In accordance with Section 2, this act
shall apply to and govern both formal and non- formal system in public
and private schools in all levels of the entire educational system.

1982)
As provided by this Act, the national development goals are as
follows:
1.To achieve and maintain an accelerating rate of economic
development and social progress.
2.To assure the maximum participation of all the people in the
attainment and enjoyment of the benefits of such growth; and
3.To achieve and strengthen national unity and consciousness and
preserve, develop and promote desirable cultural, moral and spiritual
values in changing world.

1982)
It is also stated in Section 3 that:
The State shall promote the right of every individual to relevant quality
education, regardless of sex, age, creed socio- economic status,
physical and mental conditions, racial or ethnic origin, political or other
affiliation. The State shall therefore promote and maintain equality of
access to education as well as the benefits of education by all its
citizens.

1982)
Rights and Duties of Parents in the Education of Children
Rights
1.1. Right to organize themselves and/or with teachers for the
discussion
betterment of the school.
1.2. Right to access to any official record concerning the
children who are under their parental responsibility

1982)
Rights and Duties of Parents in the Education of Children
Duties
2.1. Duty to help carry out the educational
objectives in accordance with national goals.
2.2. Duty to enable their children to obtain elementary education
and shall strive to enable them to obtain secondary or higher education
in the pursuance of the right formation of the youth.
2.3. Duty to cooperate with the school in the implementation of the
school program.

1982)
Rights and Duties of Students
1.1. Right to receive, primarily through competent instruction, relevant quality education in line with
national development goals and conducive to their full development as persons with human dignity.
1.2. Right to freely choose their field of study subject to existing course therein up to graduation,
except in cases of academic deficiency or disciplinary regulations.
1.3. Right to school guidance and counselling services.
1.4. Right of access to his own school records, the confidentiality of which the school shall maintain
and preserve.
1.5. Right to the issuance of official certificates, diplomas, transcript of records, grades, transfer
credentials, and other similar documents within thirty days of request.

1982)
1.6. Right to publish a school newspaper.
1.7. Right to free expression of opinions and suggestions and to effective channels of
communication.
1.8. Right to form, establish, and join organizations.
1.9. Right to be free from involuntary contributions, except those approve by their own organizations
or societies

1982)
Duties
2.1. Duty to exert his utmost to develop his potentialities.
2.2. Duty to uphold the academic integrity of the school.
2.3. Duty to promote the peace and tranquillity of the school.
2.4. Duty to participate actively in civic affairs, and in the promotion of the general
welfare.
2.5. Duty to exert his rights responsibly

1982)
RIGHT OF ALL SCHOOL PERSONNEL (Section 10)
1.Free expression of opinions and suggestions.
2.To be provided with free legal service by the appropriate government office in case of public
school personnel and the school authorities concerned in case of private school personnel, when
charged in administrative, civil and/or criminal proceedings, by parties other than the school
authorities concerned, for actions committed directly in the lawful discharged of professional duties
and/or in defense of school policies.
3.Establish join, maintain labor organization of their choice to promote their welfare and defend their
interest.
4.To be free from involuntary contributions except those imposed by their own organizations.

1982)
SPECIAL RIGHTS and/or PRIVILEGES OF TEACHING OR ACADEMIC STAFF (Section 11)
1.Right to be free compulsory assignment not related to their duties defined in their appointment or employment
contracts unless compensated thereof. (additional compensation Sec. 14 R.A. 4670- at least 25% his regular
remuneration)
2.Right to intellectual property
3.Teachers are persons in authority when in lawful discharge of duties and responsibilities… shall therefore be
accorded due respect and protection (Commonwealth Act No. 578 - AN ACT TO AMEND ARTICLE ONE HUNDRED FIFTY-
TWO OF THE REVISED PENAL CODE, SO AS TO INCLUDE TEACHERS, PROFESSORS, AND PERSONS CHARGED WITH THE
SUPERVISION OF PUBLIC OR DULY RECOGNIZED PRIVATE SCHOOLS, COLLEGES, AND UNIVERSITIES, WITHIN THE TERM
"PERSONS IN AUTHORITY.")
4.Teachers shall be given opportunity to choose career alternatives for advancements.

1982)
RIGHTS OF ADMINISTRATORS (Section 12)
School administrators shall be deemed persons in authority while in the lawful
discharge of their duties and responsibilities…. Shall be accorded due respect and
protection (Commonwealth Act No. 578)

1982)
RIGHTS OF SCHOOLS (Section 13)
1.The right of their governing boards…….to adopt and enforce administrative or
management systems.
2.The right of institutions of higher learning to determine on academic grounds who
shall be admitted to study, who may teach, and who shall be the subjects of the
study and research.

1982)
MAINTENANCE OF QUALITY EDUCATION
1.Voluntary Accreditation (Section 29) - The Ministry shall encourage programs of
voluntary accreditation for institution which desire to meet standards of quality over
and above minimum required for State recognition.
2.Government Financial Assistance to Private Schools (Section 41) - The
government, in recognition of their complementary role in the educational system,
may provide aid to the programs of private schools in the form of grants or
scholarships, or loans from government financial institutions: Provided, That such
programs meet certain defined educational requirements and standards and
contribute to the attainment of national development goals.

EXECUTIVE ORDER NO. 117, S.
1987 (REORGANIZATION OF
DECS)
The Department shall be responsible for
the formulation, planning,
implementation, and coordination of
policies, plans, programs and projects in
the areas of formal and non–formal
education at all levels: elementary,
secondary, higher, technical–vocational,
non–formal, sports and culture.

Educational legislation

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