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NOTICE
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Sirs/Mesdames :
Please take notice that the Court en banc issued a Resolution dated MARCH 5,
2019 , which reads as follows:
"G.R. No. 216930 — Council of Teachers and Staff of Colleges and
Universities of the Philippines (CoTesCUP), et al. versus Secretary of
Education, et al.
G.R. No. 217451 — Dr. Bienvenido Lumbera (Pambansang Alagad ng
Sining at Professor Emeritus, University of the Philippines/UP), et al. versus
Pangulong Benigno Simeon "Noynoy" C. Aquino III, et al.
G.R. No. 217752 — Antonio "Sonny" F. Trillanes IV, et al. versus Hon.
Paquito N. Ochoa, Jr., in his capacity as Executive Secretary, et al.
G.R. No. 218045 — Eduardo R. Alicias, Jr. and Aurelio P. Ramos, Jr.
versus Department of Education (DepEd) and The Secretary of the DepEd
G.R. No. 218098 — Richard Troy A. Colmenares, et al. versus
Department of Education Secretary Armin A. Luistro, et al.
G.R. No. 218123 — Congressman Antonio Tinio (Representative, ACT
Teachers Party-List), et al. versus President Benigno Simeon "Noynoy" C.
Aquino, et al.
G.R. No. 218465 — Ma. Dolores M. Brillantes, et al. versus President
Benigno Simeon C. Aquino III, et al.
RESOLUTION
Before the Court are Motions for Reconsideration 1 (Motions) led by TANGGOL
WIKA in G.R. No. 217451 and petitioners in G.R. No. 218465 , seeking reconsideration of
the Court En Banc's Decision dated October 9, 2018 raising the following grounds:
In G.R. No. 217451 , TANGGOL WIKA claims that the Constitution mandates the
inclusion of the study of Filipino and the Constitution in the curriculum in all levels; thus,
CHED Memorandum No. 20, Series of 2013 (CMO 20) fell short of complying with this
provision when it removed the study of these subjects in the general education
curriculum at the tertiary level. On the other hand, in G.R. No. 218465 , petitioners insist
that additional two (2) years of senior high school is arbitrary and oppressive as it fails
to consider the needs of students of Science High Schools, who have higher mental
capabilities.
T h e Motions are unmeritorious. The Court reiterates the following points
discussed in its Decision:
1. While the Constitution mandates the inclusion of the study of the
Constitution, Filipino and Panitikan in the curriculum of educational
institutions, the mandate was general and did not specify the educational
level in which it must be taught. Thus, CMO 20 did not violate the
Constitution when it merely transferred these subjects as part of the
curriculum of primary and secondary education.
Moreover, it must be emphasized that CMO 20 only provides for the
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minimum standards for the general education component of all degree
programs. It does not limit the academic freedom of universities and
colleges to require additional courses in Filipino, Panitikan and the
Constitution in their respective curricula; and
2. The K to 12 Law, as a police power measure, is intended to promote the
interest of the public and not only of a particular class. It does not violate
substantive due process of petitioners in G.R. No. 218465 because the
means employed are commensurate with its objectives — particularly: to
improve the quality of basic education and to make the country's
graduates more competitive in the international arena.
It is also erroneous for petitioners to assume that the K to 12 Law does
not serve the interest of the students of Science High Schools. In fact, the
K to 12 Law explicitly recognized the right of schools to modify their
curricula subject, of course, to the minimum standards prescribed by
DepEd. The K to 12 IRR further con rmed the inclusiveness of the design
of the K to 12 Basic Education Curriculum by mandating the inclusion of
programs for the gifted and talented and allowing acceleration of learners
in public and private educational institutions.
WHEREFORE , failing to offer any substantial argument, the subject Motions for
Reconsideration are hereby DENIED WITH FINALITY . No further pleadings or motions
shall be entertained in this case. Let entry of nal judgment be issued immediately."
Perlas-Bernabe, J., on official leave. (adv57)
Separate Opinions
LEONEN , J., hiwalay na opinyong pagsang-ayon:
Footnotes
1. Rollo (G.R. No. 217451), Vol. 2, pp. 1567-1591; rollo (G.R. No. 218465), Vol. 3, pp. 2034-2059.
LEONEN
3. Rep. Act No. 10533 (2013). Enhanced Basic Education Act of 2013.
4. CONST., art. VIII, sec. 6.
7. See Miriam College Foundation, Inc. v. Court of Appeals, 401 Phil. 431 (2000) [Per J.
Kapunan, First Division].
8. See Miriam College Foundation, Inc. v. Court of Appeals, 401 Phil. 431 (2000) [Per J.
Kapunan, First Division].
9. Ateneo De Manila University v. Capulong, 294 Phil. 654, 673 (1993) [Per J. Romero, En Banc].
12. Ateneo De Manila University v. Capulong, 294 Phil. 654, 671 (1993) [Per J. Romero, En
Banc].
13. 436 Phil. 449 (2002) [Per J. Quisimbing, Second Division].
19. Lupangco v. Court of Appeals, 243 Phil. 993 (1988) [Per J. Gancayco, First Division].
20. Id. at 1006.