Philippine Jurisprudence in Education

1. EDUC 607: Jurisprudence in Education
Student’s Attendance
By:
SAADIYA M. ESTRELLA
EDUC 607

2. DEFINITION OF TERMS
 COMPULSORY simply means you MUST do it or accept it, because it is a
law or because someone in a position of authority says you must -
Wikipedia
COMPULSORY EDUCATION refers to the most crucial period of formal
education required by the law of all children between certain ages in a
given country. The period of compulsory attendance is usually determined
by the government as the student’s age for beginning and ending
obligatory formal education. The compulsory education service is
generally the duty of the state and is provided and/or inspected by the
government
-Dulger I. (2012) Compulsory Education and Learning. In: Seel N.M. (eds) Encyclopedia of the Sciences of Learning. Springer, Boston, MA.
https://doi.org/10.1007/978-1-4419-1428-6_1765

3. What is compulsory education in the Philippines?

4. The 1935 Commonwealth Constitution mandates
the Educational objectives under Article XIV:
1.All schools shall aim to develop moral character, personal
discipline, civic conscience, and vocational efficiency and
to teach the duties of citizenship‖.

5. 1. Sec. 5. It shall be compulsory for every parent or guardian or other person having
custody of any child to enroll such child in a public school, the next school year
following the seventh birthday of such child, and such child shall remain in school
until the completion of an elementary education:
Provided, however, That this compulsory attendance shall not be required in any of
the following cases: First, when the child enrolls in or transfers to a private school;
Second, when the distance from the home of the child to the nearest public school
offering the grade to which he belongs exceeds three kilometers or the said public
school is not safely or conveniently accessible to the child: Third, when such child is
mentally or physically defective in which case a certificate of a duly licensed physician or
competent health worker shall be required; Fourth, when, on account of indigence, the
child cannot afford to be in school; Fifth, when the child cannot be accommodated
because of excess enrolment; and Sixth, when such child is being regularly instructed
by its parent or guardian or private tutor, if qualified to teach the several branches of
study required to be taught in the public schools, under conditions that will be
prescribed by the Secretary of Education.
REPUBLIC ACT NO. 896 AN ACT TO DECLARE THE POLICY ON
ELEMENTARY EDUCATION IN THE PHILIPPINES

6. 1973 Phil.Constitution, Art.XIV, Section 8
1. The State shall maintain a system of free public elementary education
and, in areas where finances permit, establish and maintain a system of
free public education at least up to the secondary level.

7. Presidential Decree 603
 Child and Youth Welfare Code ( December 1974)
 Article 71: Admissions to Schools
The state shall see to it that no child is refused admission in public
schools. All parents are required to enroll their children in schools to
complete atleast an elementary education.
Article 72: Assistance
To implement the compulsory education policy, all necessary
assistance possible shall be given to parents, esp.indigent one or those
who need the services of children at home. Such as school special
program which may not require continuous attendance in school or
aid in form of school supplies or school lunch.

8. Batas Pambansa Blg. 232
Known as “Education Act of 1982
An Act providing for the establishment and maintenance of
an Integrated System of Education
Section 9. Right of Students in School – In addition to
other rights, and subject to the limitation presented by law
and regulations, and student and pupils in all schools shall
enjoy the following rights:
1.The right to receive, primarily through competent instruction,
relevant quality education in line with national goals and
conducive to their full development as person with human
dignity.

9. Batas Pambansa Blg. 232
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 enjoyment of the benefits of education by all its
citizens.

10. THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – ARTICLE XIV
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.
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;

11. THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – ARTICLE XIV
ARTICLE XIV
EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS
EDUCATION

(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.

12. RA 6655 Free Public Secondary
Education Act of 1988
Section 2. Declaration of Policy- It is the policy of the
state to provide free public secondary education to
all qualified citizens and to promote quality education
for all.

13. Senate Bill 1129
Compulsory Education for Children Act of 2010
(a) Compulsory school age - a child who is at least 6
years old and up to the age of 12 years old. (b)
Home education - in relation to a child, means
education conducted by one or both of the child's
parents from a home base.

14. Senate Bill 1129
 SEC. 6. Compulsory Attendance of Children - it shall be the responsibility of the
parent or career to enroll the child of compulsory school age in a school or a
learning facility or apply and register the child for home education or secure an
exemption if circumstances so warrant.
 The penalty of a fine of One Thousand Pesos (Php 1,000.00) and attendance to a
community seminar on the importance of education to be organized by the
concerned city/municipal government, or non-governmental organization (NGO)
shall be imposed on a parent or career who fails to enroll a learner in school or a
learning facility or apply and register the learner for home education, in the absence
of an exemption. The penalty of a fine of Ten Thousand Pesos (P10,000.00) and one
month community service in a school or learning facility shall be imposed for the
second offense. The penalty of one (1) year imprisonment shall be imposed on
habitual offenders

15. Summary:
 1899 Constitution (also called the Malolos Constitution), expressly provided in Article
23 of Title IV that "public education shall be free and obligatory in all schools of the
nation."
 Section 5 Article XIV of the 1935 Constitution, which was enacted for the
Commonwealth government, stated that the "Government . . . shall provide at least free
primary instruction, and citizenship training to adult citizens."
 The provision for free public elementary education was retained under the 1943
Constitution adopted by the Provisional government during World War II. This was
carried over to the 1973 Constitution that took effect during the regime of the dictator
Ferdinand Marcos.
 The 1987 Constitution took effect during the presidential term of Corazon Aquino.
Several significant provisions on education were embodied in this constitution. Public
elementary education was declared to be free and compulsory. Public high school and
secondary education were also to be provided for free. Moreover, it was categorically
stated in Section 5(5) of Article XIV that the "State shall assign the highest budgetary
priority to education and ensure that teaching will attract and retain its rightful share of

16. [REPUBLIC ACT NO. 10533]
AN ACT ENHANCING THE PHILIPPINE BASIC EDUCATION
SYSTEM BY STRENGTHENING ITS CURRICULUM AND
INCREASING THE NUMBER OF YEARS FOR BASIC
EDUCATION, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES
the K to 12 system was signed into law with the
passage of the Enhanced Basic Education Act of 2013
(Republic Act 10533)
 .

17. As stated in ARTICLE XIV SECTION 5, NO. (3) Every citizen has a right to
select a profession or course of study, subject to fair, reasonable, and equitable
admission and academic requirements.
Batas Pambansa blg.232 An Act providing for the establishment and maintenance of
an Integrated system of Education-
 SEC. 9. Right of Students in School.—2. The right to freely chose their
field of study subject to existing curricula and to continue their course
therein up to graduation, except in cases of academic deficiency, or
violation of disciplinary regulations.
School Choice:

18. Presidential Decree 603 Child and Youth
Welfare Code ( December 1974)- Art. 4.
Responsibilities of the Child.- (4) Exert his
utmost to develop his potentialities for service,
service, particularly by undergoing a formal education
formal education suited to his abilities, in order that he
abilities, in order that he may become an asset to
an asset to himself and to society;
ACADEMIC RESPONSIBILITIES:

19.  SEC. 15. Duties and Responsibilities of Students.—In addition to those provided
for under existing laws, every student shall:
 1. Exert his utmost to develop his potentialities for service, particularly by
undergoing an education suited to his abilities, in order that he may become an
asset to his family and to society.
 2. Uphold the academic integrity of the school, endeavor to achieve academic
excellence and abide by the rules and regulations governing his academic
responsibilities and moral integrity.
 3. Promote and maintain the peace and tranquility of the school by observing
rules and discipline, and by exerting efforts to attain harmonious relationships
with fellow students, the teaching and academic staff and other school
ACADEMIC RESPONSIBILITIES:

20. SEC. 15. Duties and Responsibilities of Students.—In addition to those
provided for under existing laws, every student shall:
4. Participate actively in civic affairs and in the promotion of the
general welfare, particularly in the social, economic and cultural
development of his community and in the attainment of a just,
compassionate and orderly society.
5. Exercise his rights responsibly in the knowledge that he is
answerable for any infringement or violation of the public welfare and
of the rights of others.
ACADEMIC RESPONSIBILITIES:

21. 