Term Paper Mem 645 Educational Laws, Trends, Issues and Practices

TERM PAPER MEM 645
EDUCATIONAL LAWS,
TRENDS, ISSUES AND
PRACTICES
Submitted to: Dr. Carolina Danao

Polytechnic University of the Philippines – Open University
“Ignorance to the law excuses no one from compliance therewith.”
The Philippines like any other democratic states the world over, is
dedicated to the task of providing its citizens with the opportunity
for intellectual, social, economical and physical development. It is
important the citizens are literate, socially responsible, useful,
patriotic, righteous and law abiding.
Submitted by: Altha Felina R. Damian

10/20/2013
TERM PAPER FOR MEM 645 –EDUCATIONAL LAWS, TRENDS, ISSUES AND PRACTICES 2
TERM PAPER MEM 645 EDUCATIONAL LAWS, TRENDS, ISSUES AND PRACTICES
TERM PAPER FOR MEM 645 –EDUCATIONAL LAWS, TRENDS, ISSUES AND PRACTICES
DR. CAOLINA DANAO (PROFESSOR)-POYTECHNIC UNIVERSITY OF THE PHILIPPINES
INRODUCTION
“Ignorance to the law excuses no one from compliance therewith.”
The Philippines like any other democratic states the world over, is dedicated to the
task of providing its citizens with the opportunity for intellectual, social, economical and
physical development. It is important the citizens are literate, socially responsible, useful,
patriotic, righteous and law abiding. It is in this government through the constitution and
the other laws of the land has established a comprehensive educational system purportedly
premised of educating the Filipino citizens.
The increase in the figure of enrolment and the increasing cost of operation, the
difficulty of resources allocation in a period of economic stress, the demand of teachers,
instructors and professors for higher salaries and wages, the high cost of maintenance of
school plant and the avalanching of changes brought about by the era of information and
technology or IT have occupied school priority particularly the students’ attention have
been divided and this leaves the schools, teachers, administrators and students with very
little time to browse on current educational laws statutes, judicial and legal issues and
opinions affecting education.
At this juncture it is beneficial to recall one of the American Basic principles of

constitutional government which says,“ Ours is a government of laws not of men.”
What does this principle imply? In effect and in analogous sense, laws and
governments are like the alarm clock. They are the complete elucidation of the fact that
while structures are man-made, yet structures also make the man.” So it is with laws and
governments. Men set them up and men behave according to the spirit and intent of the
laws and government of the country. And without laws , definitely an organization will die.
The government through the Department of Education and other support agencies
provide a Legal Bases Of Education as framework to a logical, rational and valid basis for
educational effort and criteria in the selection and implementation of a sound educational
philosophy, thrusts and practices attuned to the prevailing conditions .
The five dimensions of legal bases of education are embodied in these laws in the
Philippines.
1. The Philippines Constitution of 1987

2. The Educational Decree 6-A
3. The Educational Act of 1982, otherwise known as Batas Pambansa Blg.
232
4. The Educational Act of 1994, otherwise known as Public Act 7722
5. Republic Act 10533 -“Enhanced Basic Education Act of 2013″.
Aside from these 5 major laws, there are various educational legislations and other
related laws, general orders and issuances on policies on legal bases of education in our
country.
The constitutional provisions on education including academic freedom, the rights

of parents , students, teachers and school administrators and other school personnel and
their duties and obligations must be studied to remind ourselves that “ignorance to the law
is not an excuse.” This is a popular adage but it is as relevant today as it was before. A
working knowledge at the legal bases of education is a must. For every educator and for
anyone whose is in the art of educating the youths.
EDUCATIONAL SPECTRUM IN RELATION TO THE PHILIPPINE CONSTITUTION
The whole spectrum of education shall insure the provision of good quality and
relevant education . The quality of education being conceived of shall be an instrument of
the attainment of the common good and shall improve the quality of life of the Filipinos.
Since education is the vital element of our life as a people and as a nation and
rightfully deserves our highest concerns, it is important to study and analyze with due care
the various subject contained in Article XIV of the New Constitution of the Republic of the
Philippines and its implications will help the Philippine Education .
The ultimate goal of education is to develop in the system in delivering knowledge,

skills, values and attitudes which man needs to alleviate poverty and improve the quality of
his life, family, community and the whole country.
There is now a separate article that the state shall assign the highest budgetary
priority to education essentially shows how much the State values education as part of an
over-all developmental effort in our country. It is the majority notion of the members of the
1986 Constitutional Commission that education plays a vital role in the nation building.
This in return is expected to produce educated citizens with strong capabilities and skills,
well-equipped knowledge and morally shaped with upright values to lead the country. As
Plato said, “ The best men make the best citizens.”
Article 2 Section 17 of the Philippine Constitution mandates the state to give priority to
education , science and technology, arts, culture and sports with following priority goals:
1. To foster patriotism.
2. To accelerate social progress.
3. To promote human liberation and development.
4. To provide and uphold quality education and affordable education especially to
the less fortunate members of the society.
Article XIV of the 1987 Constitution covers also provisions on such areas as
science and technology and culture and sports.
One of the provisions in Section 4 (1) of Article XIV is, the state recognizes the
roles of public and private institutions in the educational systems. This provision wants the
cooperation between the public and private schools, learning centers, colleges, academies,
universities and any institutions pertaining to education.
The provision stresses for compulsory education to address the social problems,
illiteracy, child labor and various crimes spawned by the lack of proper basic education.
Compulsory elementary education may bring down the growing illiteracy rate and in effect
, minimize these social ills that arise virtually from ignorance.
Sanctions may be imposed on parents who refuse to send their children to school
with valid and justifiable grounds.
 Scholarship Program
The government launched several scholarship programs and student loan programs.
Examples are the Selected Ethnic Group Assistance Program, State Scholarships
Programs for Science and Technology Courses, Financial assistance Program, Study
Now Pay later and many others.
 Non Formal o informal and Indigenous Learning Systems

The Constitution mandates the State to encourage non- formal education. For
individuals who do not have the necessary means to take formal schooling are to be
trained for study programs particularly those that respond to the community needs.
Indigenous learning include various ways and methods within the cultural
communities of preserving the indigenous life systems of these cultural
communities.
 Adult and Special Education

To provide skills, training and vocational efficiency and other skills to adult citizens,
out-of – school youth and disable persons.
 Special education is likewise given or designed to meet the special needs of

exceptional children.
 Optional Religious Instruction

Religious teachings shall be taught only on voluntary basis in public and private
schools.
Important parts of the law that helped improve the educational system are as follows:
 RA 6655
Also known as the Free Public Secondary Education Act of 1988.
 Public secondary schools were nationalized and they were reclassified by source of
funding and curriculum type Free Public Education – the state should maintain a
school system for free public education in the elementary and secondary school
levels. It may be noted that all public secondary schools today are now nationalized.
 RA 10157
Kindergarten Education Act - Provides the inclusion of the Kindergarten level into
the basic education program. It is a must that children must undergo kinder before
entering grade 1.
 Compulsory Education For All Children of School Age
MAJOR LAWS WHICH STIPULATE THE

CURRENT PHILIPPINE EDUCATIONAL SYSTEM
There are major laws mandated to improve the quality of education of the Filipinos.
These are all for the common good of all the Filipinos. Here are some of the notable
laws which brought changes and improvement to the teachers, students and schools.
1987 CONSTITUTION
ARTICLE XIV: Education, Science and Technology, Arts, Culture and Sports
 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)
 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 the
country, teach the rights and duties of citizenship, strengthen ethical and spiritual
values, etc.
 Optional religious instruction in public schools. (3.3.)

 Supervision and regulation of all schools. (3.4.)
 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
 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.
a. Management studies by the DEC.

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.
 Working arrangements.
 Financing the whole educational system.
One of the important components of the Philippine Educational Laws is:
BATAS PAMBANSA BLG 232 – “EDUCATION ACT
Goals
1. Achieve and maintain an accelerating rate of economic development and social
progress;
2. Assure the maximum participation of all people in the attainment and employment
of such growth, and
3. Achieve and strengthen national unity and consciousness and preserve, develop and
promote desirable culture, moral, and spiritual values in a changing world.
Aims
1. Provide for a broad general education that will assist each individual in the peculiar
ecology of his own society, to:
1.1. attain his potentials as human beings;
1.2. enhance the range and quality of individual and group participation in the
basic functions of society, and
1.3. acquire essential educational foundations of his development into a
productive and versatile citizen.
2. Train the nation’s manpower in the middle – level skills required for national
development.
3. Develop the profession that will provide leadership for the nation in the
advancement of knowledge for improving the quality of human life, and
4. Respond effectively to changing needs and conditions of the nations through a

system educational planning and evaluation.
Rights and Duties of Parents in the Education of Children
1. 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.
2. 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.
Rights and Duties of Students
1. Rights
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.
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.
2. 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.
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.
RA 7722: HIGHER EDUCATION ACT OF 1994

An act creating the Commission on Higher Education.
RA 7796: AN ACT CREATING THE TECHNICAL EDUCATION AND SKILLS

DEVELOPMENT AUTHORITY OF 1994
 An act creating the Technical Education and Skills Development Authority.
RA 9155: 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
 Authored by former senator Tessie Aquino – Oreta.
1. DECS (Department of Education, Culture and Sports) was renamed DEPEd

(Department of Education).
2. Governance of Basic Education starts at National level, but it is in the Regional,
Division, District and School level where the policies and principles are translated
into projects, programs, and services developed, offered to fit local needs.
PHILIPPINE EDUCATIONAL PRACTICES AND OTHER LEGAL BASES OF EDUCATION
Act No. 74
January 1, 1901
Laid the foundations of Philippine public school system and made English as the language
of instruction.
Established in the Philippine Normal School and Trade school in Manila, and an
Agricultural school in Negros.
RA 476
June 18, 1949
Converted the Philippine Normal School into a Teacher college and offered courses leading
to Bachelor of Science in Elementary Education and Master of Arts in education.
RA 7168
December 26, 1991
Converted the Philippine Normal School into a University.
RA 6655
Also known as the Free Public Secondary Education Act of 1988.
Public secondary schools were nationalized and they were reclassified by source of funding
and curriculum type.
PD 603
Required that every school division should organize special classes for children with
special needs.
RA 5250 (1966)
Provided a ten – year teacher education program in Special education for the teaching of
the gifted, mentally – retarded and those with behaviour problems.
Only two schools offered undergraduate in SPEd: UP COEd and CEU.
RA 7686
Being paid in OJTs in private industries.
RA 7687
Scholarship programs for careers in science and technology.
PD 1006
September 22, 1976
Considered teachers as professionals and teaching promulgated as a profession.
Teachers need to pass the PBET before they could teach, whether in private or public
school.
PD 146
Required all high school graduates seeking admissions to post – secondary degrees
necessitating a minimum of four years study to pass a national entrance examination.
RA 7743
Created the Center of Excellence in Teacher Education.
RA 7791
Stretched the school year from 185 – 200 days.
RA 1265
Made the observance of the flag ceremony compulsory,
RA 7836
An act professionalizing the teaching profession.
Established the Licensure Examinations for Teachers.
RA 10157
Kindergarten Education Act

Provides the inclusion of the Kindergarten level into the basic education program. It is a
must that children must undergo kinder before entering grade 1.
RA 10157
 Kindergarten Education Act

 Provides the inclusion of the Kindergarten level into the basic education program. It is a
must that children must undergo kinder before entering grade 1.
Republic Act 7722

Per Section 8 of R.A. 7722, the CHED has the following powers and functions:
 Formulate and recommend development plans, policies,priorities, and programs on
higher education;
 Formulate and recommend development plans, policies, priorities, and programs on
research;
 Recommend to the executive and legislative branches priorities and grants on
higher education and research;
 Set minimum standards for programs and institutions of higher learning
recommended by panels of experts in the field and subject to public hearing, and
enforced the same;
 Monitor and evaluate the performance of programs and institutions of higher
learning for appropriate incentives as well as the imposition of sanctions such as,
but not limited to, diminution or withdrawal of subsidy, recommendation on the
downgrading or withdrawal of accreditation, program termination or school course;
 Identify, support and develop potential centers of excellence in program areas
needed for the development of world-class scholarship, nation building and national
development;
 Recommend to the Department of Budget and Management (DBM) the budgets of

public institutions of higher learning as well as general guidelines for the use of
their income;
 Rationalize programs and institutions of higher learning and set standards, policies
and guidelines for the creation of new ones as well as the conversion or elevation of
schools to institutions of higher learning, subject to budgetary limitations and the
number of institutions of higher learning in the province or region where creation,
conversion or elevation is sought to be made;
 Develop criteria for allocating additional resources such as research and program
development grants, scholarships, and the other similar programs: Provided, that
these shall not detract from the fiscal autonomy already enjoyed by colleges and
universities;
 Direct or redirect purposive research by institutions of higher learning to meet the
needs of agro-industrialization and development;
 Devise and implement resource development schemes;
 Administer the Higher Education Development Fund, as described in Section 10 of
R.A. 7722, which will promote the purposes of higher education;
 Review the charters of institutions of higher learning and state universities and
colleges including the chairmanship and membership of their governing bodies and
recommend appropriate measures as basis for necessary action;
 Promulgate such rules and regulations and exercise such other powers and
functions as may be necessary to carry out effectively the purpose and objectives of
R.A. 7722; and
 Perform such other functions as may be necessary for its effective operations
REPUBLIC ACT NO. 4670
June 18, 1966
THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS
I. DECLARATION OF POLICY COVERAGE
Sec. 1. Declaration of Policy. It is hereby declared to be the policy of this Act to promote and
improve the social and economic status of public school teachers, their living and working
conditions, their terms of employment and career prospects in order that they may compare
favorably with existing opportunities in other walks of life, attract and retain in the teaching
profession more people with the proper qualifications, it being recognized that advance in
education depends on the qualifications and ability of the teaching staff and that education is an
essential factor in the economic growth of the nation as a productive investment of vital
importance.
Sec. 2. Title Definition. This Act shall be known as the "Magna Carta for Public School Teachers" and
shall apply to all public school teachers except those in the professorial staff of state colleges and
universities.
As used in this Act, the term "teacher" shall mean all persons engaged in classroom teaching, in any
level of instruction, on full-time basis, including guidance counselors, school librarians, industrial
arts or vocational instructors, and all other persons performing supervisory and/or administrative
functions in all schools, colleges and universities operated by the Government or its political
subdivisions; but shall not include school nurses, school physicians, school dentists, and other
school employees.
II. RECRUITMENT AND CAREER
Sec. 3. Recruitment and Qualification. Recruitment policy with respect to the selection and
appointment of teachers shall be clearly defined by the Department of Education: Provided,
however, That effective upon the approval of this Act, the following shall constitute the minimum
educational qualifications for teacher-applicants:
(a) For teachers in the kindergarten and elementary grades, Bachelor's degree in Elementary
Education (B.S.E.ED.);
(b) For teachers of the secondary schools, Bachelor's degree in Education or its equivalent with a
major and a minor; or a Bachelor's degree in Arts or Science with at least eighteen professional
units in Education.
(c) For teachers of secondary vocational and two years technical courses, Bachelor's degree in the
field of specialization with at least eighteen professional units in education;
(d) For teachers of courses on the collegiate level, other than vocational, master's degree with a
specific area of specialization;
Provided, further, That in the absence of applicants who possess the minimum educational
qualifications as hereinabove provided, the school superintendent may appoint, under a temporary
status, applicants who do not meet the minimum qualifications: Provided, further, That should
teacher-applicants, whether they possess the minimum educational qualifications or not, be
required to take competitive examinations, preference in making appointments shall be in the
order of their respective ranks in said competitive examinations: And provided, finally, That the
results of the examinations shall be made public and every applicant shall be furnished with his
score and rank in said examinations.
Sec. 4. Probationary Period. When recruitment takes place after adequate training and professional
preparation in any school recognized by the Government, no probationary period preceding
regular appointment shall be imposed if the teacher possesses the appropriate civil service
eligibility: Provided, however, That where, due to the exigencies of the service, it is necessary to
employ as teacher a person who possesses the minimum educational qualifications herein above
set forth but lacks the appropriate civil service eligibility, such person shall be appointed on a
provisional status and shall undergo a period of probation for not less than one year from and after
the date of his provisional appointment.
Sec. 5. Tenure of Office. Stability on employment and security of tenure shall be assured the
teachers as provided under existing laws.
Subject to the provisions of Section three hereof, teachers appointed on a provisional status for
lack of necessary civil service eligibility shall be extended permanent appointment for the position
he is holding after having rendered at least ten years of continuous, efficient and faithful service in
such position.
Sec. 6. Consent for Transfer Transportation Expenses. Except for cause and as herein otherwise
provided, no teacher shall be transferred without his consent from one station to another.
Where the exigencies of the service require the transfer of a teacher from one station to another,
such transfer may be effected by the school superintendent who shall previously notify the teacher
concerned of the transfer and the reason or reasons therefor. If the teacher believes there is no
justification for the transfer, he may appeal his case to the Director of Public Schools or the
Director of Vocational Education, as the case may be. Pending his appeal and the decision thereon,
his transfer shall be held in abeyance: Provided, however, That no transfers whatever shall be made
three months before any local or national election.
Necessary transfer expenses of the teacher and his family shall be paid for by the Government if his
transfer is finally approved.
Sec. 7. Code of Professional Conduct for Teachers. Within six months from the approval of this Act,
the Secretary of Education shall formulate and prepare a Code of Professional Conduct for Public
School Teachers. A copy of the Code shall be furnished each teacher: Provided, however, That where
this is not possible by reason of inadequate fiscal resources of the Department of Education, at
least three copies of the same Code shall be deposited with the office of the school principal or
head teacher where they may be accessible for use by the teachers.
Sec. 8. Safeguards in Disciplinary Procedure. Every teacher shall enjoy equitable safeguards at each
stage of any disciplinary procedure and shall have:
a. the right to be informed, in writing, of the charges;
b. the right to full access to the evidence in the case;
c. the right to defend himself and to be defended by a representative of his choice and/or by his
organization, adequate time being given to the teacher for the preparation of his defense; and
d. the right to appeal to clearly designated authorities.
No publicity shall be given to any disciplinary action being taken against a teacher during the
pendency of his case.
Sec. 9. Administrative Charges. Administrative charges against a teacher shall be heard initially by
a committee composed of the corresponding School Superintendent of the Division or a duly
authorized representative who should at least have the rank of a division supervisor, where the
teacher belongs, as chairman, a representative of the local or, in its absence, any existing provincial
or national teacher's organization and a supervisor of the Division, the last two to be designated by
the Director of Public Schools. The committee shall submit its findings and recommendations to the
Director of Public Schools within thirty days from the termination of the hearings: Provided,
however, That where the school superintendent is the complainant or an interested party, all the
members of the committee shall be appointed by the Secretary of Education.
Sec. 10. No Discrimination. There shall be no discrimination whatsoever in entrance to the teaching
profession, or during its exercise, or in the termination of services, based on other than
professional consideration.
Sec. 11. Married Teachers. Whenever possible, the proper authorities shall take all steps to enable
married couples, both of whom are public school teachers, to be employed in the same locality.
Sec. 12. Academic Freedom. Teachers shall enjoy academic freedom in the discharge of their
professional duties, particularly with regard to teaching and classroom methods.
III. HOURS OF WORK AND REMUNERATION
Sec. 13. Teaching Hours. Any teacher engaged in actual classroom instruction shall not be required
to render more than six hours of actual classroom teaching a day, which shall be so scheduled as to
give him time for the preparation and correction of exercises and other work incidental to his
normal teaching duties: Provided, however, That where the exigencies of the service so require, any
teacher may be required to render more than six hours but not exceeding eight hours of actual
classroom teaching a day upon payment of additional compensation at the same rate as his regular
remuneration plus at least twenty-five per cent of his basic pay.
Sec. 14. Additional Compensation. Notwithstanding any provision of existing law to the contrary,
co-curricula and out of school activities and any other activities outside of what is defined as
normal duties of any teacher shall be paid an additional compensation of at least twenty-five per
cent of his regular remuneration after the teacher has completed at least six hours of actual
classroom teaching a day.
In the case of other teachers or school officials not engaged in actual classroom instruction, any
work performed in excess of eight hours a day shall be paid an additional compensation of at least
twenty-five per cent of their regular remuneration.
The agencies utilizing the services of teachers shall pay the additional compensation required
under this section. Education authorities shall refuse to allow the rendition of services of teachers
for other government agencies without the assurance that the teachers shall be paid the
remuneration provided for under this section.
Sec. 15. Criteria for Salaries. Teacher's salaries shall correspond to the following criteria:
(a) they shall compare favorably with those paid in other occupations requiring equivalent or
similar qualifications, training and abilities;
(b) they shall be such as to insure teachers a reasonable standard of life for themselves and their
families; and
(c) they shall be properly graded so as to recognize the fact that certain positions require higher
qualifications and greater responsibility than others: Provided, however, That the general salary
scale shall be such that the relation between the lowest and highest salaries paid in the profession
will be of reasonable order. Narrowing of the salary scale shall be achieved by raising the lower
end of the salary scales relative to the upper end.
Sec. 16. Salary Scale. Salary scales of teachers shall provide for a gradual progression from a
minimum to a maximum salary by means of regular increments, granted automatically after three
years: Provided, That the efficiency rating of the teacher concerned is at least satisfactory. The
progression from the minimum to the maximum of the salary scale shall not extend over a period
of ten years.
Sec. 17. Equality in Salary Scales. The salary scales of teachers whose salaries are appropriated by a
city, municipal, municipal district, or provincial government, shall not be less than those provided
for teachers of the National Government.
Sec. 18. Cost of Living Allowance. Teacher's salaries shall, at the very least, keep pace with the rise
in the cost of living by the payment of a cost-of-living allowance which shall automatically follow
changes in a cost-of-living index. The Secretary of Education shall, in consultation with the proper
government entities, recommend to Congress, at least annually, the appropriation of the necessary
funds for the cost-of-living allowances of teachers employed by the National Government. The
determination of the cost-of-living allowances by the Secretary of Education shall, upon approval of
the President of the Philippines, be binding on the city, municipal or provincial government, for the
purposes of calculating the cost-of-living allowances of teachers under its employ.
Sec. 19. Special Hardship Allowances. In areas in which teachers are exposed to hardship such as
difficulty in commuting to the place of work or other hazards peculiar to the place of employment,
as determined by the Secretary of Education, they shall be compensated special hardship
allowances equivalent to at least twenty-five per cent of their monthly salary.
Sec. 20. Salaries to be Paid in Legal Tender. Salaries of teachers shall be paid in legal tender of the
Philippines or its equivalent in checks or treasury warrants. Provided, however, That such checks or
treasury warrants shall be cashable in any national, provincial, city or municipal treasurer's office
or any banking institutions operating under the laws of the Republic of the Philippines.
Sec. 21. Deductions Prohibited. No person shall make any deduction whatsoever from the salaries
of teachers except under specific authority of law authorizing such deductions: Provided, however,
That upon written authority executed by the teacher concerned, (1) lawful dues and fees owing to
the Philippine Public School Teachers Association, and (2) premiums properly due on insurance
policies, shall be considered deductible.
IV. HEALTH MEASURES AND INJURY BENEFITS
Sec. 22. Medical Examination and Treatment. Compulsory medical examination shall be provided
free of charge for all teachers before they take up teaching, and shall be repeated not less than once
a year during the teacher's professional life. Where medical examination show that medical
treatment and/or hospitalization is necessary, same shall be provided free by the government
entity paying the salary of the teachers.
In regions where there is scarcity of medical facilities, teachers may obtain elsewhere the
necessary medical care with the right to be reimbursed for their traveling expenses by the
government entity concerned in the first paragraph of this Section.
Sec. 23. Compensation For Injuries. Teachers shall be protected against the consequences of
employment injuries in accordance with existing laws. The effects of the physical and nervous
strain on the teacher's health shall be recognized as a compensable occupational disease in
accordance with existing laws.
V. LEAVE AND RETIREMENT BENEFITS
Sec. 24. Study Leave. In addition to the leave privileges now enjoyed by teachers in the public
schools, they shall be entitled to study leave not exceeding one school year after seven years of
service. Such leave shall be granted in accordance with a schedule set by the Department of
Education. During the period of such leave, the teachers shall be entitled to at least sixty per cent of
their monthly salary: Provided, however, That no teacher shall be allowed to accumulate more than
one year study leave, unless he needs an additional semester to finish his thesis for a graduate
study in education or allied courses: Provided, further, That no compensation shall be due the
teacher after the first year of such leave. In all cases, the study leave period shall be counted for
seniority and pension purposes.
The compensation allowed for one year study leave as herein provided shall be subject to the
condition that the teacher takes the regular study load and passes at least seventy-five per cent of
his courses. Study leave of more than one year may be permitted by the Secretary of Education but
without compensation.
Sec. 25. Indefinite Leave. An indefinite sick leave of absence shall be granted to teachers when the
nature of the illness demands a long treatment that will exceed one year at the least.
Sec. 26. Salary Increase upon Retirement. Public school teachers having fulfilled the age and service
requirements of the applicable retirement laws shall be given one range salary raise upon
retirement, which shall be the basis of the computation of the lump sum of the retirement pay and
the monthly benefits thereafter.
VI. TEACHER'S ORGANIZATION
Sec. 27. Freedom to Organize. Public school teachers shall have the right to freely and without
previous authorization both to establish and to join organizations of their choosing, whether local
or national to further and defend their interests.
Sec. 28. Discrimination Against Teachers Prohibited. The rights established in the immediately
preceding Section shall be exercised without any interference or coercion. It shall be unlawful for
any person to commit any acts of discrimination against teachers which are calculated to (a) make
the employment of a teacher subject to the condition that he shall not join an organization, or shall
relinquish membership in an organization,
(b) to cause the dismissal of or otherwise prejudice a teacher by reason of his membership in an
organization or because of participation in organization activities outside school hours, or with the
consent of the proper school authorities, within school hours, and (c) to prevent him from carrying
out the duties laid upon him by his position in the organization, or to penalize him for an action
undertaken in that capacity.
Sec. 29. National Teacher's Organizations. National teachers' organizations shall be consulted in the
formulation of national educational policies and professional standards, and in the formulation of
national policies governing the social security of the teachers.
VII. ADMINISTRATION AND ENFORCEMENT
Sec. 30. Rules and Regulations. The Secretary of Education shall formulate and prepare the
necessary rules and regulations to implement the provisions of this Act. Rules and regulations
issued pursuant to this Section shall take effect thirty days after publication in a newspaper of
general circulation and by such other means as the Secretary of Education deems reasonably
sufficient to give interested parties general notice of such issuance.
Sec. 31. Budgetary Estimates. The Secretary of Education shall submit to Congress annually the
necessary budgetary estimates to implement the provisions of the Act concerning the benefits
herein granted to public school teachers under the employ of the National Government.
Sec. 32. Penal Provision. A person who shall willfully interfere with, restrain or coerce any teacher
in the exercise of his rights guaranteed by this Act or who shall in any other manner commit any
act to defeat any of the provisions of this Act shall, upon conviction, be punished by a fine of not
less than one hundred pesos nor more than one thousand pesos, or by imprisonment, in the
discretion of the court.
If the offender is a public official, the court shall order his dismissal from the Government service.
Sec. 33. Repealing Clause. All Acts or parts of Acts, executive orders and their implementing rules
inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.
Sec. 34. Separability Clause. If any provision of this Act is declared invalid, the remainder of this Act
or any provisions not affected thereby shall remain in force and in effect.
Sec. 35. This Act shall take effect upon its approval.
Approved: June 18, 1966
The Lawphil Project - Arellano Law Foundation

Filipinos have deep regard to education. Education occupies a central place in
Philippine political, economic social and cultural life. It has always been strongly viewed as
a pillar of national development and a primary avenue for social and economic mobility.
A clear evidence of the value placed on education is the proportion of the national
government budget going to the sector. The Department of Education (DepEd), the
country’s biggest bureaucracy 1 , is given the highest budget allocation among government
agencies each year as required by the 1987 Philippine Constitution.2
The 1987 Constitution likewise guarantees the right to education of every Filipino. It
provided that, “The State shall protect and promote the right of all citizens to quality
education at all levels and shall take appropriate steps to make education accessible to all.”
The right of every Filipino to quality basic education is further emphasized in Republic Act
9155 or the Governance of Basic Education Act of 2001. Along with Republic Act 6655 or
the Free Secondary Education Act, these laws reaffirm the policy of the State to protect and
promote the rights of all Filipinos by providing children free and compulsory education in
the elementary and high school level. This pertains to six years of free tuition fees for
children aged 6 to 11, and free four years of secondary schooling for those aged 12 to 15.
Along with “Education for All”, the Philippines is also committed to pursue eight
time- bound and specific targets under the Millennium Declaration which it signed on
September 2000. The Declaration, in general, aims to reduce poverty by half in 2015 (22.65
percent proportion of the population below poverty incidence and 12.15 percent below
subsistence incidence by 2015). With the adoption of the Declaration, the Philippines
likewise affirmed its commitment to the Millennium Development Goals (MDG) geared
towards reducing poverty, hunger, diseases, illiteracy, environmental degradation and
discrimination against women. These goals have been mainstreamed in the country’s
Medium Term Philippine Development Plan (MTPDP) 2004-2010 including policies and
plans related to children, access to primary education and gender equality. Specifically,
Part IV of the MTPDP focused on “Education and Youth Opportunity.”
However, despite the legal mechanisms, budget prioritization and increased access,
Philippine education has been dogged with issues. Among the issues that needs to be
resolved but have improved lately include the high dropout rates, high number of
repeaters, low passing grades, lack of particular language skills, failure to adequately
respond and address the needs of people with special needs, overcrowded classrooms and
poor teacher performances. These problems in turn resulted to a considerable number of
illiterate Filipinos and out of school youths and graduates who are not prepared for work.
Because of this the Department of Education and the government thought of an option to
improve the present education of the Filipinos. The standing of the Philippines with regard
to academic performance is way beyond our expectations.
President Aquino signed a law on adding three extra years to the country’s 10-year basic
education curriculum in a bid to make Filipino students at par with their peers in other countries.
“This lays the foundations for a better future for every Filipino child,” President Aquino said
Wednesday after signing the law which makes enrollment in kindergarten compulsory before
children can begin the traditional six years of primary school and adds two more years to high
school.
The Enhanced Basic Education Act of 2013, or the K-to-12 Act, establishes a “universal
kindergarten” and introduces Grades 11 and 12 to high school education in public and private
schools.
Students will have to complete the extra education to qualify for university.
Until this law’s enactment, the Philippines was the only country in Asia and one of only three
countries worldwide, together with Angola and Djibouti, with a 10-year preuniversity cycle.
“We now know that our traditional 10-year basic education cycle is deficient,” Aquino said at the
signing ceremony. “Given that our young people are at a disadvantage in terms of basic
education, how can we expect them to compete for employment and other higher pursuits?”
Aquino said Republic Act No. 10533 institutionalizes a system of education that “truly imbues
our youth with the skills they need to pursue their dreams.”
“By signing this bill into law, we are not just adding two years of additional learning for our
students; we are making certain that the coming generations are empowered to strengthen the
very fabric of our society, as well as our economy,” he told lawmakers, Cabinet officials,
diplomats and students.
The law, Aquino stressed, was crafted to plug the shortcomings of the 10-year basic education
cycle in which students had less time to understand their lessons, and had to compete with better-
prepared graduates from other countries.
“If our youth are forced to shoulder such an educational handicap from the beginning, how can
they possibly compete for employment in the long run?” he said.
The enhanced basic education program covers at least one year of kindergarten, six years of
elementary education and six years of secondary education, broken down into four years of
junior high school and two years of senior high school.
The last two years of senior high school are the new Grades 11 and 12 that will be introduced in
2016. To refine the old curriculum, the law mandates the teaching of basic education in
languages understood by the students.
Magna Carta of Students

Salient Features of the Student Rights and Welfare Bill
I. RIGHT TO ADMISSION WITHOUT UNDUE DISCRIMINATION
No student shall be denied admission to any school on account of his/her physical

handicap, socio-economic status, political and religious beliefs, sexual orientation or
membership of student organizations, nor shall pregnant students certified reformed drug
abusers and those suffering from immune deficiency syndrome be discriminated against
Failure of or refusal of student to sign waiver documents prepared by the school

administration shall not constitute a ground for his/her non-admission.
Students shall have the right freely to choose his/her fields of study subject to existing
curricula and to continue his/her course up to graduation except in case of academic
deficiency or violation of disciplinary regulations that do not infringe upon the exercise of
student’s rights and welfare.
II. RIGHT TO COMPETENT INSTRUCTION AND RELEVANT QULAITY EDUCATION
Every student shall have the right to competent instruction and quality education relevant
to his/her personal and cultural development and that of the nation.
Students shall have the right to make a written evaluation of the performance of their
teachers towards the end of the school term.
III. RIGHT TO ADEQUATE WELFARE SERVICES AND ACADEMIC FACILITIES
It shall be the responsibility of the school administration to provide the students with
adequate welfare services and academic facilities relative to the financial capacity of the
school.
The school shall endeavor to provide free annual physical check-up to the students. It shall
be the responsibility of the school authorities to provide students with adequate
laboratory, library, research, recreation and physical education facilities.
It shall be the responsibility of the school administration to promptly notify student

concerned of letters and other communications it receives in behalf of the students.
IV. RIGHT TO ORGANIZE STUDENT ORGANIZATIONS
Unity and collective effort being fundamental in realization of common goals and the
promotion and protection of common interest, the State recognizes the rights of the
students to organize among themselves.
The rights of the students to form, assist, or join other organization, alliance or federation
for their physical, intellectual, moral, cultural, civic, spiritual, and political interest shall not
be abridged. Pursuant thereto, the practice of making students sign waiver document
which states that they are not members of and will not join a specified organization before
being allowed to enroll is hereby prohibited.
V. RIGHT TO BE ACCREDITED AND GRANTED OF PRIVILEGES TO STUDENT

ORGANIZATIONS
No unreasonable requirements shall be imposed on student organization seeking

recognition.
Accreditation shall be granted upon the submission by the organization concerned of its
concept paper and constitution and a formal letter addressed to the student council stating
the organizations intent to be accredited.
At tertiary level, the student council in coordination of the student affairs office shall take
charge of the accreditation and re-accreditation of student organizations. The student
council and the council of leaders composed of heads of different student organizations
shall formulate the guidelines concerning accreditation jointly. The student council shall
oversee the implementation of these guidelines and mediate in instances of conflicts.
There shall be no discrimination in the assignment of school facilities and granting of other
privileges to student organizations. The school administration shall endeavor to provide,
free of charge, a hall of or building to house the offices of the different student
organizations within the premises of the school.
Excessive charges for the use of school facilities shall be prohibited. Whenever possible, the
school administration shall allow student organizations to use school facilities free of
charge.
All on and off campus activities of student organizations shall be coordinated by the
student council/government.
VI. RIGHT TO ORGANIZE A STUDENT COUNCIL/GOVERNMENT
The State shall ensure the existence of democratic autonomous student

councils/governments. Pursuant thereto, there shall be one university student
council/government for each school campus that shall be given recognition by the schools,
colleges and universities concerned. It shall have its own set of officers elected in annual
popular elections. Every student council/government shall have the right to determine its
policies and programs on student activities subject to its duly ratified charter or
constitution and to school rules and regulations provided the same do not infringe on the
basic human rights.
VII. STUDENT COUNCIL/GOVERNMENT CHARTER OR CONSTITUTIONS
The Student Council/Government Charter or Constitution shall be formed by the

representatives of all student organizations in a school and shall be ratified by the student
body.
VIII. FORMATION OF THE STUDENT COMMISSION ON ELECTIONS
There is hereby created a Commission on Elections (COMELEC) that shall conduct and
oversee the election of officers of the student council/government. The Student Affairs
Office shall choose the members of the Commission from among the list of the nominees
recommended by the student council/government.
Once constituted, the COMELEC shall be independent and autonomous from any sector of
the school and shall ensure the conduct of clean, honest and peaceful elections. The school
must provide the COMELEC sufficient funds to ensure the success of its goals and
objectives.
IX. PROHIBITION IN THE USE OF FORCE AND EXACTION OF EXCESSIVE FEES
All campus organizations shall be prohibited using force in the initiation of and exacting
excessive fees from their members as well as their other student activities.
X. REPRESENTATION IN POLICY – MAKING BODY
As far as practicable and consistent with school rule’s and regulations, there shall be a
student representative in the policy-formulating body of the school. The duly elected
student representative from the selection process of the Student Council/Government shall
represent the student body to the policy-making body. He shall have the same rights as that
of the regular member, but his privileges shall be limited to reimbursement for actual
expenses in attending meetings.
XI. RIGHT TO BE INFORMED
The rights of the students to information on matters directly or indirectly affecting their
welfare shall be recognized. Access to official records and other pertinent documents and
papers pertaining to official act, transactions or decisions shall be afforded by the students
subject only to reasonable regulations that maybe imposed such as time for examining the
documents and other papers to prevent loss or damage of the same.
XII. FREEDOM OF EXPRESSION
Subject to existing laws, students shall have the right to freely express their views and
opinions. They shall have the right to peaceably assemble and petition the government and
school authorities for the redress of their grievances. Pursuant thereto, no school
regulation shall be imposed violating or abridging the student’s right to assembly.
Student shall have access to print and broadcast media in their information activities. They
shall also have the right to print, circulate and/or mount leaflets, newsletters, posters, wall
news, petitions and such other materials. Pursuant thereto, the school authorities shall
ensure the provision of facilities such as bulletin boards for the mounting of the
aforementioned materials.
School authorities may designate a certain area on every campus as a freedom park where
students, can freely discuss issues directly and indirectly affecting them.
XIII. STUDENT PUBLICATION
Students shall have the right to publish student newspaper and other similar publications,
print in their pages materials that they deem in pursuance of their academic freedom and
freedom of expression in accordance with Republic Act NO. 7079, otherwise known as the
“Campus Journalism Act of 1991.” Pursuant thereto, no individual who is not a staff
member of the publication shall determine its content. The role of the faculty adviser in the
student newspaper shall be limited to technical guidance.
The selection of the student editor-in-chief and his/her staff shall be made by annual fair
and competitive examinations to be administered by an impartial Board of Judges.
The editorial staff shall observe the ethics of professional journalism. It shall be the
responsibility of the editorial staff to ensure that the student paper is not used for purposes
contrary to law.
The editor/editorial staff shall, unless sooner removed for cause and with due process, be
assured of security of tenure for the duration of his/her its prescribed term.
XIV. ACADEMIC FREEDOM
Students’ academic freedom shall consist of, but not limited to, the following rights:
 To conduct researches in connection with academic work, and to freely discuss and
publish their findings and recommendations;
 To conduct inquiry within the campus in curricular and extra-curricular activities;
 To choose a field of study and to pursue the quest for truth; to express their opinion
on any subject or public or general concern which directly or indirectly affects the
students of the educational system;
 To invite off-campus speakers or resource persons to student-sponsored

assemblies, fora, symposia, and other similar activities;
 To express contrary interpretations or dissenting opinions inside and outside the

classroom;
 To participate in the drafting of a new curriculum and in the review or revision of

the old;
 To participate in the drafting and/or revising of the student handbook which shall
include the school rules and regulations, a copy of which shall be furnished the
students upon admission to the school; and
 To be free from any form of indoctrination leading to imposed ideological

hegemony.
XV. RIGHT TO DUE PROCESS
A student subject to disciplinary proceedings shall have the right to defend himself, to be
heard and to present evidence on his/her behalf before an impartial body. There shall be a
Student Disciplinary Board to be composed of one (1) representative from the school
administration, two (2) faculty members and two (2) students to conduct investigations
into and decide on cases of student violations of disciplinary standards. Both the faculty
and the student representatives shall be endorsed by the student council/government.
The blacklisting, expulsion, suspension and other such disciplinary sanctions that maybe
taken against a student shall not be valid unless the following rights have been observed
and accorded the student:
 The right to be informed in writing of the nature and cause of the accusation against
him/her;
 The right to confront witness against him/her and to full access to the evidence in
the case;
 The right to defend himself/herself and to be defended by a representative or

counsel of his/her choice, adequate time being given to him/her for the preparation
of his/her defense;
 The right to a hearing before the Student Disciplinary Board;
 The right against self-incrimination; and
 The right to appeal adverse decision of the Student Disciplinary Board to the
governing board and ultimately to the appropriate education agencies.
The decision in any disciplinary proceeding must be rendered on the basis of relevant and
substantial evidence presented at the hearing, or at the least contained in the record and
disclosed to the student affected.
The deciding body should, in all controversial questions, render its decision in such a
manner that the issues involved, and the reasons for any decision rendered are made clear
to the student.
Disciplinary sanction shall be corrective rather than punitive or penal in nature. The
gravity of disciplinary sanctions must be proportionate to the seriousness of the violation
committed.
The Office of the Guidance Counselor of the respective schools in consultation with the
Student Disciplinary Board shall publish on a periodic basis acts that are deemed violative
of the school rules and regulations and the corresponding disciplinary sanctions. Provided,
that such rules and regulations do not violate the rights guaranteed herein and under the
Constitution.
XVI. RIGHT AGAINST UNREASONABLE SEARCHES AND SEIZURES
Every student shall be free from any form of unreasonable search and seizure. Except for
the following instances no search or seizure of a student shall be deemed valid:
 Searches made at the point of ingress and egress by authorized personnel of the
school;
 Searches and seizure of illegal articles or articles falling in the plain view of dully
authorized personnel;
 Searches and seizures of articles that are illegal, discovered inadvertently by duly
authorized personnel;
 Searches made when the student is about to commit, is committing or has just
committed a crime or a serious infraction of the school’s rules and regulations;
 Searches made with a valid search warrant.
Articles seized in violation of the hereinabove provided rights shall not be used as evidence
against the student in any disciplinary action that may be brought against him/her.
XVII. ACCESS TO SCHOOL RECORDS AND ISSUANCE OF OFFICIALS CERTIFICATES
Subject to the provision of the following section, every student shall have access to his/her
own school records, the confidentiality of which the school shall maintain. He/She shall
have the right to be issued official certificates, diplomas, transcripts of records, grades,
transfer credentials and other similar documents within thirty (30) gays from the filing of
request and accomplishment of all pertinent requirements.
XVIII. SECURITY OF TENURE
It shall be the right of students to finish their entire courses of study in a given school,
except in cases of academic deficiency or violation of disciplinary regulations.
In cases wherein the school authorities refuse to allow a student to enroll for the
subsequent semester or year due to the causes hereinabove stated, the student may appeal
such ruling to the appropriate education agency
XIX. PROHIBITION AGAINST INVOLUNTARY CONTRIBUTIONS
Except those approved by their own student organizations, all-involuntary contributions

shall be prohibited.
XX. COLLECTION OF STUDENT PAPER AND STUDENT COUNCIL FEES
The school administration shall assist the student paper staff and the student
council/government, in their financial needs through the collection of student paper and
student council fees from the students.
The student paper fees shall be held in trust for their unhampered use in the publication of
student paper.
The full amount of student council fees shall be turned over to the student council within
fifteen (15) days from the assumption of office of the Student Council Officers.
XXI. PRIVACY OF COMMUNICATION
The privacy of communication and correspondence among students shall remain

inviolable.
XXII. SCHOLARSHIP GRANTS AND PRIVILEGES
Opposition to school policies inimical to students’ interest shall not be a ground for denying
or withdrawing scholarships grants and privileges to deserving students.
XXIII. RIGHT TO ADEQUATE AND SAFE HOUSING/DORMITORY FACILITIES
The state and the respective school authorities shall endeavor to provide the students
adequate, safe and clean housing facilities.
XXIV. PROHIBITION AGAINST MILITARIZATION OF THE SCHOOL CAMPUS
The pursuit of academic excellence and exercise of academic freedom can be attained only
in an atmosphere free from fear and unreasonable restraint. Pursuant thereto, no military
detachment shall be installed on the school campus.
Military elements and/or policeman in uniform or in plain clothes and school security
forces shall not interfere with student activities, particularly peaceful mass actions, inside
the school campus.
XXV. FIREARMS BAN
Students shall not be allowed to carry firearms inside the school campus.
They shall be required to deposit such firearms with the school security force prior to their
entry to the school premises.
Bill includes:
1. Monitoring mechanisms
2. Sanctions
FEATURES OF REPUBLIC ACT 10533
[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
Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:
SECTION 1. Short Title. — This Act shall be known as the “Enhanced Basic Education Act of
2013″.
SEC. 2. Declaration of Policy. — The State shall establish, maintain and support a complete,
adequate, and integrated system of education relevant to the needs of the people, the country and
society-at-large.
Likewise, it is hereby declared the policy of the State that every graduate of basic education shall
be an empowered individual who has learned, through a program that is rooted on sound
educational principles and geared towards excellence, the foundations for learning throughout
life, the competence to engage in work and be productive, the ability to coexist in fruitful
harmony with local and global communities, the capability to engage in autonomous, creative,
and critical thinking, and the capacity and willingness to transform others and one’s self.
For this purpose, the State shall create a functional basic education system that will develop
productive and responsible citizens equipped with the essential competencies, skills and values
for both life-long learning and employment. In order to achieve this, the State shall:
(a) Give every student an opportunity to receive quality education that is globally competitive
based on a pedagogically sound curriculum that is at par with international standards;
(b) Broaden the goals of high school education for college preparation, vocational and technical
career opportunities as well as creative arts, sports and entrepreneurial employment in a rapidly
changing and increasingly globalized environment; and
(c) Make education learner-oriented and responsive to the needs, cognitive and cultural capacity,
the circumstances and diversity of learners, schools and communities through the appropriate
languages of teaching and learning, including mother tongue as a learning resource.
SEC. 3. Basic Education. — Basic education is intended to meet basic learning needs which
provides the foundation on which subsequent learning can be based. It encompasses
kindergarten, elementary and secondary education as well as alternative learning systems for out-
of-school learners and those with special needs.
SEC. 4. Enhanced Basic Education Program. — The enhanced basic education program
encompasses at least one (1) year of kindergarten education, six (6) years of elementary
education, and six (6) years of secondary education, in that sequence. Secondary education
includes four (4) years of junior high school and two (2) years of senior high school education.
Kindergarten education shall mean one (1) year of preparatory education for children at least five
(5) years old as a prerequisite for Grade I.
Elementary education refers to the second stage of compulsory basic education which is
composed of six (6) years. The entrant age to this level is typically six (6) years old.
Secondary education refers to the third stage of compulsory basic education. It consists of four
(4) years of junior high school education and two (2) years of senior high school education. The
entrant age to the junior and senior high school levels are typically twelve (12) and sixteen (16)
years old, respectively.
Basic education shall be delivered in languages understood by the learners as the language plays
a strategic role in shaping the formative years of learners.
For kindergarten and the first three (3) years of elementary education, instruction, teaching
materials and assessment shall be in the regional or native language of the learners. The
Department of Education (DepED) shall formulate a mother language transition program from
Grade 4 to Grade 6 so that Filipino and English shall be gradually introduced as languages of
instruction until such time when these two (2) languages can become the primary languages of
instruction at the secondary level.
For purposes of this Act, mother language or first Language (LI) refers to language or languages
first learned by a child, which he/she identifies with, is identified as a native language user of by
others, which he/she knows best, or uses most. This includes Filipino sign language used by
individuals with pertinent disabilities. The regional or native language refers to the traditional
speech variety or variety of Filipino sign language existing in a region, area or place.
SEC. 5. Curriculum Development. — The DepED shall formulate the design and details of the
enhanced basic education curriculum. It shall work with the Commission on Higher Education
(CHED) to craft harmonized basic and tertiary curricula for the global competitiveness of
Filipino graduates. To ensure college readiness and to avoid remedial and duplication of basic
education subjects, the DepED shall coordinate with the CHED and the Technical Education and
Skills Development Authority (TESDA).
To achieve an effective enhanced basic education curriculum, the DepED shall undertake
consultations with other national government agencies and other stakeholders including, but not
limited to, the Department of Labor and Employment (DOLE), the Professional Regulation
Commission (PRC), the private and public schools associations, the national student
organizations, the national teacher organizations, the parents-teachers associations and the
chambers of commerce on matters affecting the concerned stakeholders.
The DepED shall adhere to the following standards and principles in developing the enhanced
basic education curriculum:
(a) The curriculum shall be learner-centered, inclusive and developmentally appropriate;
(b) The curriculum shall be relevant, responsive and research-based;
(c) The curriculum shall be culture-sensitive;
(d) The curriculum shall be contextualized and global;
(e) The curriculum shall use pedagogical approaches that are constructivist, inquiry-based,
reflective, collaborative and integrative;
(f) The curriculum shall adhere to the principles and framework of Mother Tongue-Based
Multilingual Education (MTB-MLE) which starts from where the learners are and from what
they already knew proceeding from the known to the unknown; instructional materials and
capable teachers to implement the MTB-MLE curriculum shall be available;
(g) The curriculum shall use the spiral progression approach to ensure mastery of knowledge and
skills after each level; and
(h) The curriculum shall be flexible enough to enable and allow schools to localize, indigenize
and enhance the same based on their respective educational and social contexts. The production
and development of locally produced teaching materials shall be encouraged and approval of
these materials shall devolve to the regional and division education units.
SEC. 6. Curriculum Consultative Committee. — There shall be created a curriculum consultative

committee chaired by the DepED Secretary or his/her duly authorized representative and with
members composed of, but not limited to, a representative each from the CHED, the TESDA, the
DOLE, the PRC, the Department of Science and Technology (DOST), and a representative from
the business chambers such as the Information Technology – Business Process Outsourcing (IT-
BPO) industry association. The consultative committee shall oversee the review and evaluation
on the implementation of the basic education curriculum and may recommend to the DepED the
formulation of necessary refinements in the curriculum.
SEC. 7. Teacher Education and Training. — To ensure that the enhanced basic education
program meets the demand for quality teachers and school leaders, the DepED and the CHED, in
collaboration with relevant partners in government, academe, industry, and nongovernmental
organizations, shall conduct teacher education and training programs, as specified:
(a) In-service Training on Content and Pedagogy — Current DepED teachers shall be retrained
to meet the content and performance standards of the new K to 12 curriculum.
The DepED shall ensure that private education institutions shall be given the opportunity to avail
of such training.
(b) Training of New Teachers. — New graduates of the current Teacher Education curriculum
shall undergo additional training, upon hiring, to upgrade their skills to the content standards of
the new curriculum. Furthermore, the CHED, in coordination with the DepED and relevant
stakeholders, shall ensure that the Teacher Education curriculum offered in these Teacher
Education Institutes (TEIs) will meet necessary quality standards for new teachers. Duly
recognized organizations acting as TEIs, in coordination with the DepED, the CHED, and other
relevant stakeholders, shall ensure that the curriculum of these organizations meet the necessary
quality standards for trained teachers.
(c) Training of School Leadership. — Superintendents, principals, subject area coordinators and
other instructional school leaders shall likewise undergo workshops and training to enhance their
skills on their role as academic, administrative and community leaders.
Henceforth, such professional development programs as those stated above shall be initiated and
conducted regularly throughout the school year to ensure constant upgrading of teacher skills.
SEC. 8. Hiring of Graduates of Science, Mathematics, Statistics, Engineering and Other

Specialists in Subjects With a Shortage of Qualified Applicants, Technical-Vocational Courses
and Higher Education Institution Faculty. — Notwithstanding the provisions of Sections 26, 27
and 28 of Republic Act No. 7836, otherwise known as the “Philippine Teachers
Professionalization Act of 1994″, the DepED and private education institutions shall hire, as may
be relevant to the particular subject:
(a) Graduates of science, mathematics, statistics, engineering, music and other degree courses
with shortages in qualified Licensure Examination for Teachers (LET) applicants to teach in
their specialized subjects in the elementary and secondary education. Qualified LET applicants
shall also include graduates admitted by foundations duly recognized for their expertise in the
education sector and who satisfactorily complete the requirements set by these organizations:
Provided, That they pass the LET within five (5) years after their date of hiring: Provided,
further, That if such graduates are willing to teach on part-time basis, the provisions of LET shall
no longer be required;
(b) Graduates of technical-vocational courses to teach in their specialized subjects in the

secondary education: Provided, That these graduates possess the necessary certification issued
by the TESDA: Provided, further, That they undergo appropriate in-service training to be
administered by the DepED or higher education institutions (HEIs) at the expense of the DepED;
(c) Faculty of HEIs be allowed to teach in their general education or subject specialties in the
secondary education: Provided, That the faculty must be a holder of a relevant Bachelor’s
degree, and must have satisfactorily served as a full-time HEI faculty;
(d) The DepED and private education institutions may hire practitioners, with expertise in the
specialized learning areas offered by the Basic Education Curriculum, to teach in the secondary
level; Provided, That they teach on part-time basis only. For this purpose, the DepED, in
coordination with the appropriate government agencies, shall determine the necessary
qualification standards in hiring these experts.
SEC. 9. Career Guidance and Counselling Advocacy. — To properly guide the students in
choosing the career tracks that they intend to pursue, the DepED, in coordination with the
DOLE, the TESDA and the CHED, shall regularly conduct career advocacy activities for
secondary level students. Notwithstanding the provisions of Section 27 of Republic Act No.
9258, otherwise known as the “Guidance and Counselling Act of 2004″, career and employment
guidance counsellors, who are not registered and licensed guidance counsellors, shall be allowed
to conduct career advocacy activities to secondary level students of the school where they are
currently employed; Provided, That they undergo a training program to be developed or
accredited by the DepED.
SEC. 10. Expansion of E-GASTPE Beneficiaries. — The benefits accorded by Republic Act No.
8545, or the “Expanded Government Assistance to Students and Teachers in Private Education
Act”, shall be extended to qualified students enrolled under the enhanced basic education.
The DepED shall engage the services of private education institutions and non-DepED schools
offering senior high school through the programs under Republic Act No. 8545, and other
financial arrangements formulated by the DepED and the Department of Budget and
Management (DBM) based on the principles of public-private partnership.
SEC. 11. Appropriations. — The Secretary of Education shall include in the Department’s
program the operationalization of the enhanced basic education program, the initial funding of
which shall be charged against the current appropriations of the DepED. Thereafter, the amount
necessary for the continued implementation of the enhanced basic education program shall be
included in the annual General Appropriations Act.
SEC. 12. Transitory Provisions. — The DepED, the CHED and the TESDA shall formulate the
appropriate strategies and mechanisms needed to ensure smooth transition from the existing ten
(10) years basic education cycle to the enhanced basic education (K to 12) cycle. The strategies
may cover changes in physical infrastructure, manpower, organizational and structural concerns,
bridging models linking grade 10 competencies and the entry requirements of new tertiary
curricula, and partnerships between the government and other entities. Modeling for senior high
school may be implemented in selected schools to simulate the transition process and provide
concrete data for the transition plan.
To manage the initial implementation of the enhanced basic education program and mitigate the
expected multi-year low enrolment turnout for HEIs and Technical Vocational Institutions
(TVIs) starting School Year 2016-2017, the DepED shall engage in partnerships with HEIs and
TVIs for the utilization of the latter’s human and physical resources. Moreover, the DepED, the
CHED, the TESDA, the TVIs and the HEIs shall coordinate closely with one another to
implement strategies that ensure the academic, physical, financial, and human resource
capabilities of HEIs and TVIs to provide educational and training services for graduates of the
enhanced basic education program to ensure that they are not adversely affected. The faculty of
HEIs and TVIs allowed to teach students of secondary education under Section 8 hereof, shall be
given priority in hiring for the duration of the transition period. For this purpose, the transition
period shall be provided for in the implementing rules and regulations (IRR).
SEC. 13. Joint Congressional Oversight Committee on the Enhanced Basic Educational
Program (K to 12 Program). — There is hereby created a Joint Oversight Committee to oversee,
monitor and evaluate the implementation of this Act.
The Oversight Committee shall be composed of five (5) members each from the Senate and from
the House of Representatives, including Chairs of the Committees on Education, Arts and
Culture, and Finance of both Houses. The membership of the Committee for every House shall
have at least two (2) opposition or minority members.
SEC. 14. Mandatory Evaluation and Review. — By the end of School Year 2014-2015, the
DepED shall conduct a mandatory review and submit a midterm report to Congress as to the
status of implementation of the K to 12 program in terms of closing the following current
shortages: (a) teachers; (b) classrooms; (c) textbooks; (d) seats; (e) toilets; and (f) other shortages
that should be addressed.
The DepED shall include among others, in this midterm report, the following key metrics of
access to and quality of basic education: (a) participation rate; (b) retention rate; (c) National
Achievement Test results; (d) completion rate; (e) teachers’ welfare and training profiles; (f)
adequacy of funding requirements; and (g) other learning facilities including, but not limited to,
computer and science laboratories, libraries and library hubs, and sports, music and arts.
SEC. 15. Commitment to International Benchmarks. — The DepED shall endeavor to increase
the per capita spending on education towards the immediate attainment of international
benchmarks.
SEC. 16. Implementing Rules and Regulations. — Within ninety (90) days after the effectivity of
this Act, the DepED Secretary, the CHED Chairperson and the TESDA Director-General shall
promulgate the rules and regulations needed for the implementation of this Act.
SEC. 17. Separability Clause. — If any provision of this Act is held invalid or unconstitutional,
the same shall not affect the validity and effectivity of the other provisions hereof.
SEC. 18. Repealing Clause. — Pertinent provisions of Batas Pambansa Blg. 232 or the
“Education Act of 1982″, Republic Act No. 9155 or the “Governance of Basic Education.
Act of 2001″, Republic Act No. 9258, Republic Act No. 7836, and all other laws, decrees,
executive orders and rules and regulations contrary to or inconsistent with the provisions
of this Act are hereby repealed or modified accordingly.
SEC. 19. Effectivity Clause. — This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in two (2) newspapers of general circulation.
K to 12 will facilitate an accelerated economic growth. K to 12 will facilitate mutual

recognition of Filipino graduates and professionals in other countries. A better educated
society provides a sound foundation for long-term socio-economic development. Several
studies have shown that the improvements in the quality of education will increase GDP
growth by as much as 2%. Studies in the UK, India and US show that additional years of
schooling also have positive overall impact on society.
More importantly, the short basic education program affects the human
development of the Filipino children. Cognizant of this urgent and critical concern and in
line with the priorities of the Aquino Administration, the Department of Education is taking
bold steps to enhance the basic education curriculum.
The Enhanced K to 12 Basic Education Program seeks to provide for a quality 12-
year basic education program that each Filipino is entitled to. This is consistent with Article
XIV, Section 2(1) of the 1987 Philippine Constitution which states that “ The State shall
establish, maintain, and support a complete, adequate, and integrated system of education
relevant to the needs of the people and society.”
The implementation of the K- 12 education plan in the Philippine Basic Education

Curriculum is the key to our nation’s development. Though the government will face many
problems in the long run of the implementation of the program, there really is a need to
implement it because the enhancement of the quality of our education is very urgent and
critical.
Here are some of the reasons why not disagree with K- 12 education plan in the
Philippines:
If K- 12 will be implemented, students will be able to get sufficient instructional time

to do subject- related tasks which makes them more prepared and well- trained on that
subject area. On the other hand, if we remain on the old system, Filipino students would
continually get low achievement scores. For instance, international test results revealed
that we often come at the tail end in the exams compared to other countries.
Another good reason why we should support K- 12 is that the graduates of this
program will be more prepared to enter the labor force. As we all noticed, high school
graduates of the current curriculum are not yet employable for the reason that they are not
yet competent and well – equipped with the skills needed in the workplaces. In addition,
most high school graduates are not yet reaching the legal age of 18. With the new
curriculum, senior high school students can choose a field that they are good at and that
they are interested in. As a result, they will be equipped with the skills needed for a specific
job even without a college degree. At the age of 18, the age when they graduate from high
school, they will be employable and competitive already. Thus, adding up to the nation’s
manpower.
Finally, with K- 12, Filipino graduates will be automatically recognized as

professionals abroad because we are following the international education standard as
practiced by all nations. There will be no need to study again and spend more money in
order to qualify to their standards. With this, Filipino professionals who aspire to work
abroad will not find a hard time in getting jobs in line with their chosen field and will be
able to help their families more in the Philippines as well as the country’s economy with
their remittances, property buying, and creation of businesses.
Filipinos are known to be competitive in the international community. While this

may be true, our current education system hinders us in becoming more competitive
among other countries. The K- 12 education plan offers a great solution to that problem.
However, it is undeniable that there seems to be problems arising as we implement the
program such as lack of government budget, classrooms and school supplies as well as the
teachers. But, if we focus on the long- term effect of K- 12, we can conclude that it is very
beneficial to us Filipinos. Therefore, we must have the strong will in supporting K- 12

Educational Plan for the betterment of our education system and economy. Remember, if
we want change in our society, we must start it with our education system.
10 Point Education Agenda of K-12
The move to the K-12 policy comes as part of the 10 Point Education Agenda which was set
out by the current government administration. The K-12 Basic Education Program,
universal kindergarten and instruction in mother-tongue languages are but three of the ten
points Aquino’s administration want to implement in order to improve the overall quality
of education in Filipino schools.
The other seven points include:
 Establish the Madaris Education as a sub-system in the current education system;

 Make every child a reader by Grade 1;
 Improve science and mathematics;
 Expand government assistance to private education;
 Better textbooks;
 Build more schools in cooperation with local government units (LGUs);
 Re-introduce technical and vocational education in public high schools...
Finally, with K- 12, Filipino graduates will be automatically recognized as

professionals abroad because we are following the international education standard as
practiced by all nations. There will be no need to study again and spend more money in
order to qualify to their standards. With this, Filipino professionals who aspire to work
abroad will not find a hard time in getting jobs in line with their chosen field and will be
able to help their families more in the Philippines as well as the country’s economy with
their remittances, property buying, and creation of businesses.
Filipinos are known to be competitive in the international community. While this

may be true, our current education system hinders us in becoming more competitive
among other countries. The K- 12 education plan offers a great solution to that problem.
However, it is undeniable that there seems to be problems arising as we implement the
program such as lack of government budget, classrooms and school supplies as well as the
teachers. But, if we focus on the long- term effect of K- 12, we can conclude that it is very
beneficial to us Filipinos. Therefore, we must have the strong will in supporting K- 12
Educational Plan for the betterment of our education system and economy. Remember, if
we want change in our society, we must start it with our education system.
Changes my happen from time to time but it is all for the common goals of education
and the common good for all Filipinos.
Conclusion
Philippine Education is presently at the crossroads, so it must continually adapt to

the changing times. It must remain to the universal goals and main objectives of the
Department of Education to be able to keep its track within the bounds of importance.
Philippine Education must and should be guided by the guiding principles of the
philosophy of education and the major laws implemented by the Government and the
Department of Education. These are considered titles vitally needed in the fulfilment of the
goals and objectives to upgrade the lives of all the Filipinos.
Yet, to ensure the sure implementation of these laws, one must be mindful of all the
laws, issues and trends of the education. It is our genuine role to know, study, abide,
understand and educate others about the laws intended for education. On the other hand
the government must do its part in implementing these principles and legislative laws with
the help of the key persons in the educative process, secretary, directors, supervisors,
principals, teachers, students and as well as parents must work hand in hand to beat the
time in putting the education of the Philippines into the pedestal where it used to stay.
Organizations, like school dies without laws. Proper nurturing or supervision is

what the school needs. As a social institution, law is an aspect of what Peter Berger term’s
as nomization which means laws allow man to be human and it moves a man from a chaotic
condition.
Always bear in mind that, “the ability to think critically and creatively is mandated
by the fundamental law of the land.”
References:
 Acero,Victorina. Javier, Evelyn. Castro, Herminia. Principles and Strategies of Teaching.

Rex Bookstore, Inc. 2000
 Gregorio, Herman. Gregorio, Cornelia. Philosophy of Education in Philippine Setting.

Garotech Publishing. 2007
 Zulueta,Francisco.Maglaya, Elda.Foundations of Education. National Bookstore.

Reprint 2005
 The Lawphil Project - Arellano Law Foundation
 Philippine Laws, Statutes And Codes - Chan Robles Virtual Law Library
 http://www.philosophy.ProspectsinEducation.United Nations Educational, Scientific

and Cultural Organization. Place de Fontenoy © Vol.1No.2.2007
 http://www.gov.ph/the -official-gazette-print-edition/
 http://www.John Dewey’s Educational Philosophy:Core Concepts George Demetrion

Literacy Volunteers of Greater Hartford George.demetrion@lvgh.org August 1, 2003
 http://newsinfo.inquirer.net/409755/aquino-signs-education-reform-
law#ixzz2hV2Z1O7z
 http://cianeko.hubpages.com/hub/The-Implementation-o-the-K-12-Program-in-the-
Philippine-Bas
 http://nochain.wordpress.com/

Term Paper Mem 645 Educational Laws, Trends, Issues and Practices

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Term Paper Mem 645 Educational Laws, Trends, Issues and Practices

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TERM PAPER MEM 645

Submitted to: Dr. Carolina Danao

Submitted by: Altha Felina R. Damian

“Ignorance to the law excuses no one from compliance therewith.”

At this juncture it is beneficial to recall one of the American Basic principles of

1. The Philippines Constitution of 1987

The constitutional provisions on education including academic freedom, the rights

EDUCATIONAL SPECTRUM IN RELATION TO THE PHILIPPINE CONSTITUTION

The ultimate goal of education is to develop in the system in delivering knowledge,

 Non Formal o informal and Indigenous Learning Systems

 Adult and Special Education

 Special education is likewise given or designed to meet the special needs of

 Optional Religious Instruction

MAJOR LAWS WHICH STIPULATE THE

 Quality education accessible to all. (Section 1)

 Complete, adequate, and integrated relevant education. (2.1.)

 Scholarship grants, loans, subsidies and other incentives to deserving students in

 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)

 Study of values. (3.2.)

 Optional religious instruction in public schools. (3.3.)

PRESIDENTIAL DECREE NO. 6 – A

 Goals of the Educational system. (2, a – c)

3. To strengthen national consciousness and promote desirable cultural values in a

a. Management studies by the DEC.

One of the important components of the Philippine Educational Laws is:

BATAS PAMBANSA BLG 232 – “EDUCATION ACT

4. Respond effectively to changing needs and conditions of the nations through a

Rights and Duties of Parents in the Education of Children

Rights and Duties of Students

1.1. Right to receive, primarily through competent instruction, relevant quality

1.3. Right to school guidance and counselling services.

1.5. Right to the issuance of official certificates, diplomas, transcript of records,

1.6. Right to publish a school newspaper.

1.8. Right to form, establish, and join organizations.

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.

2.5. Duty to exert his rights responsibly.

EXECUTIVE ORDER NO. 117, s. 1987 (REORGANIZATION OF DECS)

RA 7722: HIGHER EDUCATION ACT OF 1994

RA 7796: AN ACT CREATING THE TECHNICAL EDUCATION AND SKILLS

 An act creating the Technical Education and Skills Development Authority.

RA 9155: AN ACT INSTITUTING A FRAMEWORK OF GOVERNANCE FOR BASIC

 Authored by former senator Tessie Aquino – Oreta.

1. DECS (Department of Education, Culture and Sports) was renamed DEPEd

PHILIPPINE EDUCATIONAL PRACTICES AND OTHER LEGAL BASES OF EDUCATION

Kindergarten Education Act

 Kindergarten Education Act

Republic Act 7722

 Recommend to the Department of Budget and Management (DBM) the budgets of

REPUBLIC ACT NO. 4670

June 18, 1966

THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS

I. DECLARATION OF POLICY COVERAGE

II. RECRUITMENT AND CAREER

transfer is finally approved.

a. the right to be informed, in writing, of the charges;

b. the right to full access to the evidence in the case;

d. the right to appeal to clearly designated authorities.

III. HOURS OF WORK AND REMUNERATION

IV. HEALTH MEASURES AND INJURY BENEFITS