MAJOR LEGAL BASES

The Philippine Constitutions

1. 1935 CONST. Article XIV Section 5
2. 1973 CONST. Article XV Section 8 (1-8)
3. 1987 CONST. Article XIV Sections 1-5(5)

THE 1987 CONSTITUTIONS

Article XIV Sections 1-5(5)

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

Section 2. The state shall:

1. Establish, maintain and support a complete, adequate and integrated system

of education relevant to the needs of the people and society;

2. Establish and maintain s system of free public education in the elementary

and high school levels. Without limiting the natural rights of parents to rear
their children, elementary education is compulsory for all children of school
age;

3. Establish and maintain a system of scholarship grants, student loan

programs, subsidies and other incentives which shall be available to
deserving students in both public and private schools, especially to the
underprivileged;

4. riEncourage non- formal, informal and indigenous learning system, as well as

self- learning independent and out-of-school study programs particularly
those that respond to community needs; and

5. Provide adult citizens, the disabled and out-of-school youth with training in
civics, vocational efficiency and skills.

Section 3.
 1. All educational institutions shall include the study of the Constitution as part of the
curricula.

2. They shall inculcate patriotism and nationalism, foster love of humanity, respect for
human rights, appreciation of the role of national heroes in the historical
development of the country, teach the rights and duties of citizenship, strengthen
ethical and spiritual values, develop moral character and personal discipline,
encourage critical and creative thinking, broaden scientific and technological
knowledge and promote efficiency.

3. At the option expressed in writing by the parent or guardians, religion shall be

allowed to be taught to their children or wards in the public elementary and high
schools within the regular class hours by instructors designated or approved by the
religious authorities of the religion to which the children or wards belong, additional
cost to the Government.

Section 4.

1. The state recognizes the complementary roles of the public and private institutions
in the educational system and shall exercise reasonable supervision and regulation
of all educational institutions.

2. Educational institutions, other than those established by religious groups and

mission boards, shall be allowed solely by citizens of the Philippines or
corporations or associations at least sixty per centum of the capital of which is
owned by such citizens. The Congress may, however, require increased Filipino
equity participation in all educational institutions. The control and administration of
educational institutions shall vested in citizens of the Philippines. No educational
institution shall be established exclusively for aliens and no group of aliens shall
comprise more than one third of the enrollment in any sc hool. The provisions of this
subsection shall not apply to schools established for foreign diplomatic personnel
and their dependents and, unless otherwise provided by law, for other foreign
temporary residents.

3. All revenues and assets of non- stock, non- profit educational institutions used
actually, directly and exclusively for educational purposes shall be exempt from
taxes and duties. Upon the dissolution or cessation of the corporate existence of
such institutions, their assets shall be disposed of in the manner provided by law.
Proprietary educational institutions, including those cooperatively owned, may
likewise be entitled to such exemptions subject to the limitations provided by law
including restrictions on dividends and provisions for reinvestment .

4. Subject to conditions prescribed by law, all grants endowments, donations or

contributions used actually, directly and exclusively for educational purposes shall
be exempt from tax.

Section 5.
 1. The State shall take into account regional and sectoral needs and conditions and
shall encourage local planning in the development of educational policies and
programs.

2. Academic freedom shall be enjoyed in all institutions of higher learning.

3. Every citizen has a right to select a profession or course of study, subje ct to fair,
reasonable and equitable admission and academic requirements.

4. The State shall enhance the right of teachers to professional advancement. Non -
teaching academic and non-academic personnel shall enjoy the protection of the
State.

5. The State shall assign the highest budgetary priority to education and ensure that
teaching will attract and retain its rightful share of the best available talents through
adequate remuneration and other means of job satisfaction and fulfillment.

BATAS PAMBANSA BLG. 232 (THE

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

As provided by this Act, the national development goals are as follows:

1. To achieve and maintain an accelerating rate of economic development and social

progress.

2. To assure the maximum participation of all the people in the attainment and
enjoyment of the benefits of such growth; and

3. To achieve and strengthen national unity and consciousness and preserve, develop
and promote desirable cultural, moral and spiritual values in changing world.

It is also stated in Section 3 that:

The State shall promote the right of every individual to relevant quality education,
regardless of sex, age, creed socio- economic status, physical and mental
conditions, racial or ethnic origin, political or other affiliation. The S tate shall
therefore promote and maintain equality of access to education as well as the
benefits of education by all its citizens.

RIGHTS OF STUDENTS IN SCHOOL

(SECTION 9)
1. The right to receive competent instruction, relevant quality education.

2. The right to freely choose their field of study subject to the existing curricula and
continue their course up to graduation, except in cases of academic deficiency or
violations of disciplinary regulations.

3. The right to school guidance and counseling services.

4. The right to access to his owns school records and the confidentiality of it.

5. The right to issuance of official certificates, diplomas, transcript of records, grades,

transfer credentials and similar document within thirty days from request.

6. The right to publish a student newspaper and invite resource persons during
symposia, assemblies and other activities.

7. The right to free expression of opinions and suggestions and to effective channels
of communication with appropriate academic and administrative bodies of t he
school or institutions.

8. The right to form or establish, join and participate in organizations and societies
recognized by the school…, or to form, join and maintain organizations and
societies for purposes not contrary to law.

9. The right to be free from involuntary contributions except those approved by their
organizations and societies.

RIGHT OF ALL SCHOOL PERSONNEL

(SECTION 10)
1. Free expression of opinions and suggestions.

2. To be provided with free legal service by the appropriate government office in case
of public school personnel and the school authorities concerned in case of private
school personnel, when charged in administrative, civil and/or criminal proceedings,
by parties other than the school authorities concerned, for actions committed
 directly in the lawful discharged of professional duties and/or in defense of school
policies.

3. Establish join, maintain labor organization of their choice to promote their welfare
and defend their interest.

4. To be free from involuntary contributions except those imposed by their own

organizations.

SPECIAL RIGHTS AND/OR PRIVILEGES

OF TEACHING OR ACADEMIC STAFF
(SECTION 11)
1. Right to be free compulsory assignment not related to their duties defined in their
appointment or employment contracts unless compensated thereof. (additional
compensation Sec. 14 R.A. 4670- at least 25% his regular remuneration)

2. Right to intellectual property………

3. Teachers are persons in authority when in lawful discharge of duties and

responsibilities… shall therefore be accorded due respect and protection
(Commonwealth Act No. 578)

4. Teachers shall be given opportunity to choose career alternatives for

advancements.

RIGHTS OF ADMINISTRATORS (SECTION

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

RIGHTS OF SCHOOLS (SECTION 13)

1. The right of their governing boards…….to adopt and enforce administrative or
management systems.

2. The right of institutions of higher learning to determine on academic grounds who

shall be admitted to study, who may teach, and who shall be the subjects of the
study and research.
MAINTENANCE OF QUALITY EDUCATION
1. Voluntary Accreditation (Section 29)

2. Teachers and Administrators obligations and qualification (Sections 176 and 17)

3. Government Financial Assistance to Private Schools (Section 41)

OTHER LEGAL BASES

1. ACT NO. 74
This law was enacted on January 21, 1901 by the Philippine Commission, and
provided:

a. establishment of the Department of Public Instruction headed by the General

superintendent
b. the archipelago was divided into school divisions and districts for effective
management of the school system.
c. English was made as medium of instruction in all levels of schooling
d. optional religious instructions in all schools (Section 16)
e. establishment of a Trade school in Manila (Philippine College of Arts and
Trade- PCAT now known as Technological University of the Philippines), a school
of Agriculture in Negros, a Normal school in Manila (Philippine Normal School)
(Section 18)
• Philippine Normal School, however, was renamed Philippine Normal College
(PNC) by virtue of Republic Act No. 416 on June 18, 1949. And on December 26,
1991, the PNC was converted to Philippine Normal University as provided by
Republic Act No. 7168.

2. ACT NO. 2706

This was known as the “Private School Law”, enacted on March 10, 1917 by the
Philippine Legislature, which made obligatory the recognition and inspection of
private schools and colleges by the Secretary of Public Instruction so as to
maintain a standard of efficiency in all private schools and colleges in the country.
This law was amended by Commonwealth Act No. 180 passed on November 13,
1936 which provided that:
The Secretary of Public Instruction was vested with power to “supervise, inspect
and regulate said schools and colleges in order to determine the efficiency of
instruction given in the same.”
And all private schools come under the supervision and regulation of the
Secretary of DPI, thus eliminating “diploma mills” and substandard schools.

3. COMMONWEALTH ACT NO. 1 (AMENDED BY

R.A. 9163)
Known as the “National Defense Act” passed by the Philippine Assembly on
December 21, 1935, which provided in Section 81 that:

“Preparatory Military training shall be given with the youth in the elementary grade
school at the age of ten years and shall extend through the remainder of his
schooling into college or post-secondary education.

By virtue of Presidential Decree 1706, issued by the late President Marcos on

August 8, 1980, otherwise known as the “National Service Law”, Commonwealth
Act No. 1 was amended, and required all citizens to render, civic welfare service ,
law enforcement service and military service.

4. COMMONWEALTH ACT NO. 80

This law created the Office of Adult Education on October 26, 1936, so as to
eliminate illiteracy and to give vocational and citizenship training to adult citizens
of the country.

5. COMMONWEALTH ACT NO. 578

Enacted on June 8, 1940, conferred the status of “persons in authority” upon the
teachers, professors, and persons charged with the supervision of public or duly
recognized private schools, colleges and universities.
This Act also provided a penalty of imprisonment ranging from six months and
one day to six years and a fine ranging from 500 to 1, 000 pesos upon any person
found guilty of assault upon those teaching personnel.
6. COMMONWEALTH ACT NO. 586 (REPEALED
BY R.A. 896)
This is known as Education Act of 1940. It was approved on August 7, 1940 by
the Philippine Assembly.

The law provided for the following:

a. reduction of seven- year elementary course to six- year elementary course.

b. fixing the school entrance age to seven.
c. national support of elementary education.
d. compulsory attendance in the primary grades for all children who enroll in
Grade I.
e. introduction of double- single session- one class in the morning and another in
the afternoon under one teacher to accommodate more children.

7. COMMONWEALTH ACT NO. 589

This law, approved on August 19, 1940, established a school ritual in all public
and private elementary and secondary schools in the Philippines.

The ritual consists of solemn and patriotic ceremonies that include the singing of
the National Anthem and Patriotic Pledges.

8. REPUBLIC ACT NO. 139 (REPEALED BY R. A.

8047)
Enacted on June 14, 1947, and the Board of Textbooks. This law provided that all
public schools must only use books that are approved by the B oard for a period of
six years from the date of their adoption.
The private schools may use books of their choice, provided the Board of
Textbooks has no objections with those books.

9. REPUBLIC ACT NO. 896

Enacted on June 20, 1953 and known as the Elementary Education Act of 1953, it
repealed Commonwealth Act 586 and provided for the following:
a. restoration of Grade VII (but never implemented due to lack of funds)
b. abolition of the double- single session and return to the former practice of only
one
c. class under one teacher in the primary and three teachers to two classes or
five teachers to three classes in the intermediate level
d. compulsory completion of the elementary grades
e. compulsory enrollment of children in the public schools upon attainin g seven
years of age.

10. REPUBLIC ACT NO. 1124 (REPEALED BY R.

A. 7722)
Approved on June 16, 1954, this law created the Board of National Education
charged with the duty of formulating general educational policies and directing the
educational interests of the nation.

However, this Board which was later renamed National Board of Education (P.D.
No. 1), was abolished bu virtue of the Creation of the board of Higher Education
as stipulated in Batas Pambansa Blg. 232. The Board’s function is now assumed
by the commission on Higher Education or CHED by virtue of Republic Act No.
7722.

11. REPUBLIC ACT NO. 1265 (AMENDED BY R.

A. 8491)
This law was approved on June 11, 1955, and provided that a daily flag ceremony
shall be compulsory in all educational institutions. This includes the singing of the
Philippine National Anthem.

12. REPUBLIC ACT NO. 1425

It was approved on June 12, 1956, it prescribed the inclusion in the curricula of all
schools, both public and private, from elementary schools to the universities, the
life, works and writings of Jose Rizal especially the Noli Me Tangere and El
Filibusterismo.
13. REPUBLIC ACT NO. 4670
Known as the “Magna Carta for Public School Teachers”. This was approved on
June 18, 1966 to promote and improve the social and economic status of public
school teachers, their living and working conditions, their employment and career
prospects.

It also provided the following:

1. Recruitment qualifications for teachers

2. Code of Professional Conduct for Teachers

3. Teaching hours- 6 hours of classroom teaching (maximum load)

4. Additional compensation- 25% of the regular remuneration

5. Health and injury benefits (thru the GSIS)

6. One year study leave (sabbatical leave) after seven years of continuous teaching,
the teacher should receive 60% of the monthly salary.

7. One range salary increase upon retirement (basis computing the retirement fee ).

8. Freedom to form organizations.

14. REPUBLIC ACT NO. 1079

Approved on June 15, 1959, it provided that Civil Service eligibility shall be
permanent and shall have no time limit.

15. REPUBLIC ACT NO. 6655

Known as the “Free Public Secondary Education Act of 1988”, it was approved
on May 26, 1988 and provided for:

a. Free public secondary education to all qualified citizens and promote quality
education at all level.
b. No tuition or other fees shall be collected except fees related to membership in
the school community such I.D., student organization and publication.
c. Non- payment of these shall not hinder a student from enrollment or
graduation.
d. Nationalization of all public secondary schools ( Section 7)
e. A student who fails in majority of his academic subjects for two consecutive
years could no longer avail of their program.

Legal bases of philippine education system

1. 1. The 4 Dimensions of the Legal Bases of Philippine Education The Philippine Constitution
of 1987 The Educational Decree 6-A The Educational Act of 1982 The Educational Act of
1994
2. 2. Philippine Constitution of 1987 Article XIV: Education, Science and Technology, Arts,
Culture and Sports  Quality education accessible to all. Sec. 1  Complete, adequate, and
integrated relevant education. Sec. 2.1
3. 3.  FREE public education in the elementary and high school levels. Elementary education
is COMPULSORY for all children of school age. Sec. 2.2  Scholarship programs to
deserving students especially to the underprivileged. Sec. 2.3
4. 4.  Non-formal, informal and indigenous learning systems . Sec. 2.4  Training in civics,
vocational efficiency, and other skills to adults, the disabled, and out-of-school youth. Sec.
2.4
5. 5.  Study of the CONSTITUTION. Sec. 3.1  Study of VALUES. Sec. 3.2 Patriotism
Nationalism Love of humanity Respect of human rights Appreciation of the role of the
national heroes Strengthen ethical and spiritual values Moral character and personal
discipline Critical and creative thinking Scientific and technological knowledge Vocational
efficiency
6. 6.  Optional religious instruction in public schools. Sec. 3.3  Supervision and regulation of
all educational institutions by the State. Sec. 4.1
7. 7.  Control and administration of schools by Filipinos. Sec. 4.2  Exemption from taxes. Sec.
4.3,4
8. 8.  Local planning in the development of educational policies and programs. Sec. 5.1 
Academic freedom in all institutions of higher learning. Sec. 5.2
9. 9.  Right of every citizen to select a profession or course of study. Sec. 5.3  Right of
teachers to professional growth. Non-teaching academic and non-academic personnel shall
enjoy the protection of the State. Sec. 5.4
10. 10.  Assigning highest budget priority to education. Sec. 5.5  The national language of the
Philippines is Filipino. Sec. 6
11. 11.  Priority to research and technology. Sec.10, 11, 12, 13  Filipino national culture based
on unity in diversity. Sec. 14
12. 12.  Ensure equal access to cultural opportunities. Sec. 18.1  Support on researches and
studies on the arts and culture. Sec. 18.2
13. 13.  Promote physical education. Sec.19
14. 14. October is National Indigenous Month
15. 15. The Constitution, Article 2, Section 17: "The State shall give priority to education, science
and technology, arts, culture and sports to foster patriotism and nationalism, accelerate
social progress, and promote total human liberation and development."
16. 16. Scholarship Programs Selected Ethnic Group Educational Assistance Program Study
Now Pay Later Plan Education Student Financial Assistance Program State Scholarship for
Science, Arts and Letters
17. 17. Study Now, Pay Later
18. 18. TESDA
19. 19. RA 7722: Higher Education Act of 1994 created the Commission on Higher Education
RA 7796: An act creating the Technical Education and Skills Development Authority of 1994
created TESDA
20. 20. RA 9155: An act instituting a framework of governance for basic education, establishing
authority and accountability. DECS renamed DepEd.
21. 21. RA 4670: Magna Carta of 1966 A. Elementary Level  BEED Graduate  PBET/LET
Passer B. Secondary Level  BSE/BSEd Graduate/Bachelor’s Degree  18 units in major
subject/ 18 units of professional education  PBET/LET Passer
22. 22. C. Secondary Vocational/Technical Courses  Bachelor’s Degree in specialized field  18
units of professional education D. College Level  Master’s Degree
23. 23. Education Act of 1982 BATAS PAMBANSA BILANG 232 Goals:  Accelerate economic
development and social progress.  Maximum participation.  National unity, consciousness
and values.
24. 24. Innovations:  Establishing /upgrading non-formal training programs for out-of-school
youths and unemployed.  Educational assistance program or the SNPL plan.  Educational
assistance program or the SNPL plan.
25. 25.  Family planning in the curriculum.  National Textbook Project.  Master Teacher
Plan.  Program for Decentralized Education Development (PRODED).
26. 26. PRODED  Improvement in pupil achievement  Decrease in pupil drop-out rates 
Improvement in physical facilities  Staff development  Non-formal education
27. 27. Objectives:  Develop a national consciousness  Develop Filipino citizens  Equalize
educational opportunities  Participate in economic development
28. 28.  Train manpower in the middle level  Develop high level professions  Strengthen the
family  Educational planning and evaluation
29. 29. Right -a moral or legal entitlement to have or obtain something or to act in a certain way
Duty -a moral or legal obligation; a responsibility -a task or action that someone is required to
perform
30. 30. Privilege -a special right, advantage, or immunity granted or available only to a particular
person or group of people
31. 31. Interviews
32. 32. Rights of Students
33. 33. Rights of Students in School  Relevant quality education. Sec. 9.1  Choose a field of
study. Sec. 9.2  School guidance and counseling services. Sec. 9.3
34. 34. Rights of Students in School  Access own school records. Sec. 9.4  Issuance of official
documents within 30 days from request. Sec. 9.5
35. 35. Rights of Students in School  Publish a student newspaper and similar publications, and
invite resource persons. Sec. 9.6  Free expression of opinions and suggestions. Sec. 9.7
36. 36. Rights of Students in School  Form, establish, join and participate in organizations and
societies. Sec. 9.8  Free from involuntary contributions. Sec. 9.9
37. 37. Duties/ Responsibilities of Students
38. 38. Duties and Responsibilities of Students  Exert utmost effort to develop potentialities.
Sec. 15.1  Uphold academic integrity. Sec. 15.2  Promote peace and tranquility. Sec. 15.3
39. 39. Duties and Responsibilities of Students  Actively participate in civic affairs and promote
general welfare. Sec. 15.4  Exercise rights responsibly. Sec. 15.5
40. 40. Rights of School Personnel
41. 41. Rights of all School Personnel  Free expression of opinions and suggestions, and to
effective channels of communication. Sec. 10.1  Free legal service. Sec. 10.2
42. 42. Rights of all School Personnel  Establish, join and maintain organizations. Sec. 10.3 
Free from involuntary contributions. Sec. 10.4
43. 43. Privileges of Teaching/Academic Staff
44. 44. Special Rights and/or Privileges of Teaching/Academic Staff  Free from compulsory
assignments not related to duties. Sec. 11.1  Intellectual property. Sec. 11.2
45. 45. Special Rights and/or Privileges of Teaching/Academic Staff  Respect and protection.
Sec. 11.3  Choose alternative career lines. Sec. 11.4
46. 46. Teacher’s Obligations
47. 47. Teacher’s Obligations  Perform duties in accordance with the philosophy, goals and
objectives of the school. Sec. 16.1  Efficient and effective attainment of learning objectives.
Sec. 16.2
48. 48. Teacher’s Obligations  Regular reports on student’s performance. Sec. 16.3 
Professional growth and behavior. Sec. 16.4
49. 49. Teacher’s Obligations  Refrain from making unreasonable deductions in student’s
scholastic rating. Sec. 16.5  Agent of constructive change. Sec. 16.6
50. 50. Teacher’s Benefits
51. 51. Teacher’s Benefits  Study Leave/Sabbatical Leave  Indefinite Leave  Maternity Leave
 Vacation Leave with pay  1 range salary raise upon retirement
52. 52. Teacher’s Privileges
53. 53. Teacher’s Privileges  Academic Freedom  Free physical exam and medical treatment
or hospitalization  Salary scale  Cost of living allowance  Additional compensation for
service excess of 6 hours actual classroom teaching, hardship allowance and automatic
retirement promotion
54. 54. Obligations of Academic Non-Teaching Personnel
55. 55. Obligations of Academic Non-Teaching Personnel  Professional development. Sec.18.1
 Assume, promote and maintain and atmosphere conducive to service and learning.
Sec.18.2
56. 56. Obligations of Academic Non-Teaching Personnel  Promote and maintain and
atmosphere conducive to service and learning. Sec.18.3
57. 57. Special Rights of School Administrator
58. 58. Special Rights of School Administrator  Administrative discretion.  Respect and
protection. Sec. 12
59. 59. School Admistrators’ Obligations
60. 60. School Administrators’ Obligations  Perform duties in accordance with the philosophy,
goals and objectives of the school. Sec. 17.1  Efficient and effective administration and
management. Sec. 17.2
61. 61. School Administrator’s Obligations  Healthy school atmosphere and relationship. Sec.
17.3  Professional behavior. Sec. 17.4  Performance reports. Sec. 17.4
62. 62. School Administrator’s Obligations  Discipline school personnel. Sec. 17.3  Maintain
records and submit reports to the DepEd. Sec. 17.4
63. 63. Rights of PARENTS
64. 64. Rights of Parents  Organize a forum for discussion by by themselves and/or with
teachers. Sec. 8.1  Access to any official record directly relating to his/her child. Sec. 8.1
65. 65. Duties of PARENTS
66. 66. Duties of Parents  Carry out educational objectives. Sec. 14.1  Obliged to enable
children to obtain elementary education. Sec. 14.2  Cooperate with the school. Sec. 14.3
67. 67. Rights of SCHOOLS
68. 68. Rights of Schools  Governance. Sec. 18.1  Academic Freedom. Sec. 18.2
69. 69. AIMS of SCHOOLS
70. 70. Aims of ALL Educational Institutions  Inculcate love of country  Teach duties of
citizenship  Develop moral character and personal discipline  Develop scientific,
technological and vocational efficiency