6.

1 THE PHILIPPINE CONSTITUTION OF 1987

In its broad sense, constitution refers to the body of rules and principles in accordance
with which the powers of soveignty is regularly exercised.
Latin word CONSTITUO which means “fixed”, established, or “settled”.
Constitution is a written instrument by which the fundamental powers of government are
established, limited, and defined, and by which these powers are distributed among
several departments for their safe and useful exercise for the benefit of the body politic.
–Justice Miller, US Supreme Court

NATURE AND PURPOSES

1. Serves as the supreme or fundamental law.
 It is the charter creating the government.
 It is binding to all individual citizens and all organs of the government.
 It is the law to which all other laws must conform.
 It is the test of the legality of all governmental actions.

2. Establishes the basic framework and underlying principles of government.

 Prescribes the permanent framework of the system of government, and
assigns to the different department or branches, their respective powers
and duties. (Art. I)

The 1987 Philippine Constitution is thus a conventional/enacted, written, and

rigid/inelastic constitution.

PROS AND CONS OF A WRITTEN CONSTITUTION

It has the advantage of clearness and definiteness over an unwritten one. Since
the written constitution is a binding document, the rights of the citizen is more
secured.

Its disadvantage lies in the difficulty of its amendment. This prevents the
immediate introduction of needed reforms and may thereby retard the healthy
growth and progress of the state.
 6.2 GOVERNANCE OF BASIC EDUCATION ACT OF 2001 (RA 9155)

R.A. 9155 is an act instituting a frame work 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. The Act is known as
"Governance of Basic Education Act of 2001." During the assembly the declaration of
policy of the state to protect and promote the right of all citizens to quality basic education
and to make such education accessible to all Filipino children a free and compulsory
education in the elementary level and free education in the high school level was made.
Alternative Learning Systems was also reiterated for out of school youth and adult. The
goal of basic education is to provide students and learners with skills, knowledge and
values they need to become caring, self reliant, productive and patriotic citizens.
Governance of basic education shall begin at the national level; it is at the regions,
divisions, schools and learning centers.

The State shall encourage local initiatives for improving the quality of basic education.
The State shall ensure that the values, needs and aspirations of a school community are
reflected in the program of education for the children, out-of-school youth and adult
learners.

These are the core content of R.A. 9155. The plans of the government are so wonderful
and enticing. You will really see the heart and the purity of its intentions. But these things
will remain unachieved goals if not everybody is doing their part. Until now I can still see
street children rampantly displaying their being juvenile delinquency, sipping rugby
according to their pleasure. If basic education is compulsory what did the government is
doing to help these young children go to school? How about these children who are doing
child labor? I think the government is too lax when it comes to implementing plans and
rules. We need iron hands to really make these things materialized. All leaders from
national down to the school heads must be oriented religiously and zealously until one
heart with one common goal is achieved, until the EFA goals run to each blood. I know
that there are serious implanters of these goals because I can see that in Alternative
Learning Systems when I happened to interview its coordinator. I can feel her sincerity of
her job, according to her a mission, and how she believes ALS as a partner of formal
education to achieve EFA 2015 even if according to her they have no enough fundings.
6.3 PHILIPPINE TEACHERS PROFESSIONALIZATION ACT OF 1944 (RA 7836 AND
RA 9293)
Republic Act 9293
 An act amending certain sections of RA 7836 otherwise known as the “Philippine
Teachers Professionalization Act of 1994”.

Section 15. Qualification Requirements of Applicants – No applicant shall be

admitted to take the examination, unless on the date of filing of the application,
he shall have complied with the following requirements:

A graduate of school college or university recognized by the government

and possesses the minimum educational qualifications as follows:

(1) For teachers in preschool, a bachelor’s degree in early childhood education.

(2) For teachers in the elementary grades, a bachelor’s degree in elementary
education.
(3) For teachers in the secondary grades, bachelor’s degree in education or its as
teacher with the National Board for Teachers under the equivalent with a major
or minor, or a bachelor’s degree in arts and sciences.
(4) For teachers of vocational and 2-year technical courses a bachelor’s degree in
the field of specialization or its equivalent with at least 18 units in professional
education.

Section 26. Registration and Exception – No person shall engage in teaching and
or act as a professional teacher as defined in this Act, whether in the preschool,
elementary or secondary level, unless a person is duly registered professional
teacher, and a holder of valid special or temporary permit.
A holder of certificate of eligibility as a teacher issued by the Civil Service
Commission and the DECS; or
A registered profession as teacher with the National Board for Teachers
under the DECS pursuant to P.D. No. 0016.

Professional Teachers who have not practiced their profession for the past 5 years shall
take at least units of pedagogy and 6 units of content courses or the equivalent training
and number of hours; to be chosen from a list of courses to be provided by the board
and the Department of Education, before they can be allowed to practice their
profession in the country.
 6.4 TECHNICAL EDUCATION AND SKILLS DEVELOPMENT Act (RA 7796)

 SECTION 1. Title.
- “Technical Educational and Skills Development Act of 1994” or the TESDA Act
1994”.

 SECTION 2. DECLARATION OF POLICY

- To provide relevant, accessible, high quality and efficient technical education
and skills development
- To develop high quality Filipino middle-level manpower in accordance with
Philippine development goals and priorities.
- Encourage active participation of various concerned sectors

 SECTION 3. Statement of Goals and Objectives

a) Promote and strengthen the quality of technical education and skills

development programs to attain international competitiveness.
b) Focus technical education and skills development on meeting the changing
demands for quality middle-level manpower.

 SECTION 4. Definition of Terms

a) “Skill”- acquired and practiced ability to carry out a task or job.

b) “Skills Development”- the process through which learners and workers are
systematically provided with learning opportunities to acquire or upgrade, or
both their ability, knowledge and behaviour pattern.
c) “Technical Education”- education process designed at post-secondary and
lower tertiary levels.
d) “Trade”- shall mean any group of interrelated jobs or any occupation which is
traditionally or officially recognized as craft or artisan in nature requiring
specific qualifications that can be acquired through work experience and/or
training.
 6.5 HIGHER EDUCATION ACT OF 1944 (7722)

Section 1: Title
 This Act shall be known as the “Higher Education Act of 1994”.
 Approved on August 25, 1994 by Pres. Fidel V. Ramos.

Section 2: Declaration of Policy:

 Promote the right of citizens to affordable quality education in all levels.
 Academic freedom for the continuing intellectual growth.

Section 3: Creation of the Commission on Higher Education

 The commission shall be independent and separate from (DECS).
 Its coverage shall be both public and private institutions of higher education.

Section 4: Composition of the Commission

5 Full-Time Members:
 1 Chairman
 4 Commissioners
Qualifications:
 Holders of earned doctorates
 Actively engaged in higher education for at least 10 years

If the system works together, it can create an educational environment capable of

generating and nurturing development that will produce globally competent individuals
who are well equipped with general knowledge and intellectual capacities.
 CODE OF ETHICS FOR PROFESSIONAL TEACHERS

Teachers help students learn the academic basics, but they also teach valuable life
lessons by setting a positive example. As role models, teachers must follow a
professional code of ethics. This ensures that students receive a fair, honest and
uncompromising education.
A professional code of ethics outlines teachers’ main responsibilities to their students
and defines their role in students’ lives. Above all, teachers must demonstrate integrity,
impartiality and ethical behaviour in the classroom and in their conduct with parents and
co-workers.
Commitment to the Job. Teachers must wholly commit to the teaching profession. Your
classroom should promote safety, security and acceptance, always avoiding any form of
bullying, hostility, dishonesty, neglect or offensive conduct. You must accurately
describe your qualifications, credentials and licenses to school boards or principals who
seek to hire you. You must also fulfil all contracts; obey school policies; and account for
all funds and resources at your disposal. It’s your responsibility to design lesson plans
to meet state standards and create a well-rounded education plan that appeals to a
wide range of learners.
Keep Learning. A professional code of conduct demands attentiveness to continuing
education requirements and career development. You must research new teaching
methods, attend classes to maintain your certifications, consult colleagues for
professional advice, and participate in curriculum improvements.
 6.7 MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS (RA4670)

This law is about the rights and duties of teachers under Constitution of the
Republic of the Philippines. As teachers we must be aware of our rights and
obligations so that we may be able to uphold and fight these rights if the need
arises. This may also be our guide to fulfill our responsibilities and we may be able
to to do our noble profession with integrity, dignity and professionalism.

The Magna Carta sets the measures for teachers to be qualified to teach for each
year level of their choice. This is an important aspect because it emphasizes that
certain education should be met before you can be a teacher. Let’s take for
example the minimum requirement for Kindergarten and elementary level, a
teacher in this level should at least be B.S. Elementary Education graduate. This
would mean that a teacher in a vocational course cannot easily shift to teaching
Kindergarten unless this criterion is met.

The working hours of teachers were also specified, and the corresponding
compensations when one exceed on its regular work hours. The criteria for salaries
was also provided to insure that teachers are compensated within reasonable
standard of life for themselves and their family and they shall be properly graded
so as to recognize the fact that certain positions require higher qualifications and
greater responsibility than others. Special hardship allowance will also be provided
for teachers working in the remote areas, those who have difficulty commuting to
the place of work as determined by the Secretary of Education.
 6.8 LOCAL SCHOOL BOARD-LOCAL GOVERNMENT CODE OF 1991

Section 1. Title. - This Act shall be known and cited as the "Local Government Code of
1991".

Section 2. Declaration of Policy. -

(a) It is hereby declared the policy of the State that the territorial and political
subdivisions of the State shall enjoy genuine and meaningful local autonomy to
enable them to attain their fullest development as self-reliant communities and
make them more effective partners in the attainment of national goals. Toward
this end, the State shall provide for a more responsive and accountable local
government structure instituted through a system of decentralization whereby
local government units shall be given more powers, authority, responsibilities,
and resources. The process of decentralization shall proceed from the national
government to the local government units.

(b) It is also the policy of the State to ensure the accountability of local
government units through the institution of effective mechanisms of recall,
initiative and referendum.

(c) It is likewise the policy of the State to require all national agencies and offices
to conduct periodic consultations with appropriate local government units,
nongovernmental and people's organizations, and other concerned sectors of the
community before any project or program is implemented in their respective
jurisdictions.1awphil.net

Section 3. Operative Principles of Decentralization. - The formulation and

implementation of policies and measures on local autonomy shall be guided by the
following operative principles:

(a) There shall be an effective allocation among the different local government
units of their respective powers, functions, responsibilities, and resources;

(b) There shall be established in every local government unit an accountable,

efficient, and dynamic organizational structure and operating mechanism that will
meet the priority needs and service requirements of its communities;

(c) Subject to civil service law, rules and regulations, local officials and
employees paid wholly or mainly from local funds shall be appointed or removed,
according to merit and fitness, by the appropriate appointing authority;

(d) The vesting of duty, responsibility, and accountability in local government

units shall be accompanied with provision for reasonably adequate resources to
discharge their powers and effectively carry out their functions: hence, they shall
have the power to create and broaden their own sources of revenue and the right
to a just share in national taxes and an equitable share in the proceeds of the
utilization and development of the national wealth within their respective areas;

(e) Provinces with respect to component cities and municipalities, and cities and
municipalities with respect to component barangays, shall ensure that the acts of
their component units are within the scope of their prescribed powers and
functions;

(f) Local government units may group themselves, consolidate or coordinate their
efforts, services, and resources commonly beneficial to them;
 (g) The capabilities of local government units, especially the municipalities and
barangays, shall be enhanced by providing them with opportunities to participate
actively in the implementation of national programs and projects;

(h) There shall be a continuing mechanism to enhance local autonomy not only
by legislative enabling acts but also by administrative and organizational reforms;

(i) Local government units shall share with the national government the
responsibility in the management and maintenance of ecological balance within
their territorial jurisdiction, subject to the provisions of this Code and national
policies;

(j) Effective mechanisms for ensuring the accountability of local government units
to their respective constituents shall be strengthened in order to upgrade
continually the quality of local leadership;

(k) The realization of local autonomy shall be facilitated through improved

coordination of national government policies and programs an extension of
adequate technical and material assistance to less developed and deserving
local government units;

(l) The participation of the private sector in local governance, particularly in the
delivery of basic services, shall be encouraged to ensure the viability of local
autonomy as an alternative strategy for sustainable development; and

(m) The national government shall ensure that decentralization contributes to the
continuing improvement of the performance of local government units and the
quality of community life.

Section 4. Scope of Application. - This Code shall apply to all provinces, cities,
municipalities, barangays, and other political subdivisions as may be created by law,
and, to the extent herein provided, to officials, offices, or agencies of the national
government.

Section 5. Rules of Interpretation. - In the interpretation of the provisions of this Code,

the following rules shall apply:

(a) Any provision on a power of a local government unit shall be liberally

interpreted in its favor, and in case of doubt, any question thereon shall be
resolved in favor of devolution of powers and of the lower local government unit.
Any fair and reasonable doubt as to the existence of the power shall be
interpreted in favor of the local government unit concerned;

(b) In case of doubt, any tax ordinance or revenue measure shall be construed
strictly against the local government unit enacting it, and liberally in favor of the
taxpayer. Any tax exemption, incentive or relief granted by any local government
unit pursuant to the provisions of this Code shall be construed strictly against the
person claiming it.

(c) The general welfare provisions in this Code shall be liberally interpreted to
give more powers to local government units in accelerating economic
development and upgrading the quality of life for the people in the community;

(d) Rights and obligations existing on the date of effectivity of this Code and
arising out of contracts or any other source of presentation involving a local
government unit shall be governed by the original terms and conditions of said
contracts or the law in force at the time such rights were vested; and

(e) In the resolution of controversies arising under this Code where no legal
provision or jurisprudence applies, resort may be had to the customs and
traditions in the place where the controversies take place.
 6.9 KINDERGARTEN LAW (RA 10157)

Republic Act 10157 also known as Kindergarten Education Act was being approved. This
act is in relation with the millennium development goals on achieving education for all.

Kindergarten curriculum is of no doubt, a very good avenue to help upgrade our

Philippine basic education. Because even though problems and difficulties continually
challenge the quality of our educational system, it is indeed high time to make room for
this major change in the system. As secretary Luistro often reiterate to the
masses, political will and cooperation is what we need now to make all the necessary
educational reforms possible. As a teacher, I believe that I am duty-bound to help assure
that the curriculum is being implemented accordingly in our own school. Even with the
absence of the necessary physical facilities cited in the R.A. 10157, I still believe with the
unique capabilities of teachers to make learning happen even in a most difficult situation.
Anyway, providing quality education is not a sole responsibility of the state, or DepEd in
particular. In fact, it is everyone’s responsibility to make quality education possible.
Everyone is accountable and can have a valuable contribution to make education
attainable, fun, enjoyable and safe for our children.
 6.10 ENHANCED BASIC EDUCATION ACT 2013 (RA 10533) K-12 PROGRAM

President Benigno Aquino signed into law Republic Act No. 10533 or the Enhance

Basic Education Act of 2013 last May 15, 2013. A law that implements K to 12 Program

which covers kindergarten and 12 years of basic education.

The enhance basic curriculum aims to produce Filipino graduates who are holistically

developed with 21th century skills. This curriculum also gives great chance to all

graduate to acquire middle-level skills for better work opportunities.

Under Republic Act No. 10533, mother tongue language is the language of instruction

from kindergarten to Grade 3 to attain mastery of learning competencies. On the other

hand, starting Grade 4 to Grade 6 teachers will use English and Filipino as their medium

of instruction.

Enhance Basic Education Act of 2013 is final and it is real. Department of Education

and the whole nation come across the gigantic challenge in our educational system.