Study Guide in Prof.Ed.

103-The Teaching Profession Module 2: Unit 2 –Historico-legal Foundations of Education

Module No.2

Unit 2 – Historic-Legal Foundations of Education

MODULE OVERVIEW

The Decree of Education in 1863 established the first ever educational system in

the Philippines. It required the government to provide school institutions for boys and girls in every
town. Given the situation, the Spanish schools started accepting Filipino students. In ancient
Philippines, children were given the rudiments of education. Such education was both academic
and vocation. The father trained his sons to be warriors, hunters, fishermen, miners, lumbermen
and ship builders. The mother on her part trained her daughters in cooking, gardening, serving and
other household arts.It is said that in ancient Panay, there was a barangay school called Bothoan
under the charge of the teacher usually an old man. The subjects taught to the children in this
barangay school were reading, writing, arithmetic, use of weapons
and lubus (acquiring kinaadman or amulets).

Hence, education during that time was geared toward their needs. Because of colonization by
several foreign countries and several historical events, our education underwent several changes
although we also retained some of the ancient teachings which are practical even during our time.
With the country’s celebration of independence in 1946, scarcely seven decades ago, have come
every aspect of educational system in line with the new status of a new nation seeking to achieve
and maintain political and economic independence and to fashion a nation truly united out of social
and cultural diversities.

LEARNING OBJECTIVES

1. Explain historical and legal foundations of education.

2. Identify 8 types of law for paralegals.
3.Elaborate sources of Philippine Educational Jurisprudence.
4. Describe Legal Underpinnings Philippine Education into educational
structure, educational policies and curriculum and instruction.

LEARNING CONTENTS

A. Historical Foundations
1. Global
a. Ancient Period - In the ancient system of education, which primarily took place in gurukuls or
ashrams, the students were meant to observe s trict discipline. They were meant to follow.
b. Middle/Medieval Period – it was often conducted by the Church. ... Very few girls, if any,
were educated at proper institutions, most girls were taught basic reading and writing at their own
homes. The students were taught seven liberal arts; Latin, grammar, rhetoric, logic, astronomy,
philosophy and mathematics.
c. Renaissance Period- the Humanists of the Renaissance created schools to teach their ideas and

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Study Guide in Prof.Ed.103-The Teaching Profession Module 2: Unit 2 –Historico-legal Foundations of Education

wrote books all about education. ... Education during the Renaissance was mainly composed of

ancient literature and history, as it was thought that the classics provided moral instruction and an
intensive understanding of human behavior.
d. Modern/Contemporary Period- is the implementation of learning activities which draw upon
students' experiences, both in and out of the classroom, thus helping them to recognize that they
are developing specific skills which they perceive to be significant for the world outside of school.
John Amos Comenius is the Father of Modern Education

2. Local
a. Pre-colonial Period- during the pre-colonial period, most children were provided with solely
vocational training, which was supervised by parents, tribal tutors or those assigned for specific,
specialized roles within their communities (for example, the babaylan). The cultural achievements
of pre-colonial Philippines include those covered by the prehistory and the early history (900–
1521) of the Philippine archipelago's inhabitants, the indigenous forebears of today's Filipino
people.

b. Spanish Period- in the Philippines, free access to modern public education was made possible

through the enactment of the Spanish Education Decree of December 20, 1863 by Queen Isabella
II. Primary instruction was made free and the teaching of Spanish was compulsory. History of
the Philippines (1565–1898) The history of the Philippines from 1565 to 1898, also known as
the Spanish Philippines or the Spanish colonial period, was the period during which
the Philippines were part of the Spanish Empire as the Spanish East Indies within the Captaincy
General of the Philippines.

c. American Period - The period of American colonization of the Philippines lasted 48 years,

from cession of the Philippines to the U.S. by Spain in 1898 to U.S. recognition
of Philippine independence in 1946. After independence in 1946, many Americans chose to remain
in the Philippines while maintaining relations with relatives in the US. The students were given
free school materials. There were three levels of education during the American period. The
"elementary" level consisted of four primary years and 3 intermediate years. The "secondary" or
high school level consisted of four years; and the third was the "college" or tertiary level. The
greatest achievement in the Philippine was the introduction of the public school system.

d. Post-colonial Period- U.S colonial rule of the archipelago was loosened during the
Commonwealth Period of 1935-1946, a period after which the Philippines gained its independence.
It is the historical period or state of affairs representing the aftermath of Western colonialism; the
term can also be used to describe the concurrent project to reclaim and rethink the history and
agency of people subordinated under various forms of imperialism. This is also known as
contemporary period.

B. Legal Foundations
It is important for us to be knowledgeable on the legal bases because it serves as a guide for us
teachers on how to properly deal with our students. Legal bases are provisions that gives
limitations to both the teacher and students to avoid instances that may violate the rights of the two
parties. Understanding these legal bases could help us in knowing what are the things that a teacher
must do and vice versa. as we know, innocence does not excuse anyone to the Law. sometimes
teacher do bad or illegal things because they are not aware of the law. but that should not be an
excuse, because as a professional teacher, it is expected to know all the legal basis that is
connected to education. to avoid wrong practices and to be aware of the real goal and meaning of
Education in our country.

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Study Guide in Prof.Ed.103-The Teaching Profession Module 2: Unit 2 –Historico-legal Foundations of Education

1. What is Law?
a. Definition and nature
Law is the system of rules which a particular country or community recognizes as regulating the
actions of its members and which it may enforce by the imposition of penalties. In regards to the
nature of Law, it is an instrument which regulates human conduct/behavior. Law means Justice,
Morality, Reason, Order, and Righteous from the view point of the society. Law means Statutes,
Acts, Rules, Regulations, Orders, and Ordinances from point of view of legislature.

b. Typologies
There are many different branches of law including corporate law, property and
taxation law through to media, environmental health and international law. All types of law have
far-reaching effects and help to shape politics, economics and society in numerous ways.

8 Types of law for paralegals

1. Criminal law

Criminal law concerns itself with finding and punishing people who have broken the law by
committing crimes. The goal of criminal law is to uncover the true perpetrator of a crime and
exact justice. Criminal law includes a wide range of crimes, from homicides to pirating
copyrighted material.

2. Corporate law

 Corporate law is the system of criminal justice that makes sure businesses adhere to local
and federal regulations for conducting business legally. Paralegals in this specialty might work for
a single corporation as part of their in-house legal team, or they might work for a firm that works
with many corporate clients.

3. International law

International law governs the interactions between different countries. These laws are
designed to promote trade and to keep all citizens safe. International law often deals with issues
related to preserving the environment, establishing basic human rights and regulating trade.

4. Commercial law

Commercial law—sometimes called trade law or business law—deals with commerce, trade
and consumer transactions. This broad legal field includes areas like bankruptcy, contracts,
mortgages and real estate, consumer credit and banking.

5. Family law

This type of law handles cases related to family relationships, such as divorce and child
custody, adoption and termination of parental rights. These cases often involve children, and some
surround difficult circumstances, such as child abuse or domestic violence.

6. Constitutional law

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Study Guide in Prof.Ed.103-The Teaching Profession Module 2: Unit 2 –Historico-legal Foundations of Education

This area of law includes any legal proceedings related to upholding or interpreting the U.S.
Constitution. Court cases might surround issues like due process, civil rights or freedom of
speech.

7. Labor law

Labor laws oversee the relationship between employers and employees. Their goal is to
ensure that employees aren’t taken advantage of by corporations, which typically have more
bargaining power or resources than an individual employee. Labor laws govern issues like
collective bargaining, unionization, benefits dispute and more.

8. Intellectual property law

Intellectual property (IP) refers to intangible creative works or inventions that are protected
by copyrights, trademarks or patents. These laws work to protect creators from copyright
infringement.

2. Sources of Philippine Educational Jurisprudence

a.Constitution - the fundamental and supreme law of the land

b.Statutes - including Acts of Congress, municipal charters, municipal legislation, court rules,
administrative rules and orders, legislative rules and presidential issuances.

c. Case Law or Jurisprudence – It is a legal system. The word jurisprudence derives from the

Latin term juris prudentia, which means "the study, knowledge, or science of law.".

d. Regulatory Laws - administrative law is also sometimes called regulatory law. Regulation is

the act of controlling, or a law, rule or order.

e. Ordinance – it is an authoritative order or a rule or law enacted by local government. A law

about parking enacted by local government is an example of an ordinance. A local law, usually on
the municipality level, that, when fully enacted, has the same effect and force as a statute within
that municipality.

f. Legal Opinion - also known as an 'opinion letter', a legal opinion is given in the form of a letter
issued by a law firm expressing legal conclusions and/or analysis of a specific transaction. The
recipient of the opinion will then rely on its contents as a basis for entering into the transaction.

g. Resolutions – According to Webster: the act of finding an answer or solution to a conflict,

problem, etc., the act of resolving something or an answer or solution to something.

 The practice of submitting and voting on resolutions is a typical part of business in Congres
s, state legislatures, and other public assemblies. These bodies use resolutions for two purpo
ses. First, resolutions express their consensus on matters of public policy: lawmakers routin
ely deliver criticism or support on a broad range of social issues, legal rights, court opinions
,and even decisions by the ExecutiveBranch. Second, they pass resolutions for internal, ad
ministrative purposes. Resolutions are not laws; they differ fundamentally in their purpose. 
However, under certain circumstances resolutions can have the effect of law.

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 Study Guide in Prof.Ed.103-The Teaching Profession Module 2: Unit 2 –Historico-legal Foundations of Education

3. Legal Underpinnings Philippine Education

a. Educational Structure - Organization of the Education System and of its Structure.
The educational system is divided into four levels: pre-primary, compulsory
(single structure primary and lower secondary education), upper secondary and higher education.
Adult education is also available and art schools, mainly music schools.

b. Educational Policies- Generally education policies are programs based on decisions

by educational administrators or legislators about how to conduct the education of children and
students seeking higher learning skills. ... Education policy can also refer to the means by
which educational facilities (schools, training centers, etc.)

The beliefs and experiences of education today rest on the history of the field of endeavor.
By knowing what accomplishments of leaders in the past, today's educators attempt to build on their
achievements. Therefore, the study of history of education helps teachers in training to appreciate the
various aspects of their past educational process so as to link them to the present. It also gives teachers
in training a solid foundation to plan for our present and future educational development. Likewise,
studying history enables us to develop better understanding of the world in which we live. Building
knowledge and understanding of historical events and trends, especially over the past century, enables
us
to develop a much greater appreciation for current events today.
In terms of legal foundations of education, it is important to know the legal bases of education
as a teacher because it serves as our direction in terms of teaching and on how to address and meeting
with
our pupils. It is also important to know the educational laws for us to know what are the rights,
privileges,
duties and responsibilities as a teacher in the industry of education. It also helps us to know what are
the
things we must consider especially in doing things that are related in education, to know also what are
the
restriction of a teacher with her pupils.

c. Curriculum and Instruction- is a field within education which pursue to research, develop, and
implement curriculum changes that increase student achievement within and outside schools. The
field focuses on how students learn and the best ways to educate.

LEARNING POINTS

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Study Guide in Prof.Ed.103-The Teaching Profession Module 2: Unit 2 –Historico-legal Foundations of Education

LEARNING ACTIVITIES

Review Exercises

Name: _________________________________ Date: _________

Year & Section__________________________ Score: __________

Activity 1.1 Use Venn diagram in order to differentiate Historical Foundations of education
between the following:

1. Ancient Period and Middle/Medieval Period

Ancient Period Medieval Period

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Study Guide in Prof.Ed.103-The Teaching Profession Module 2: Unit 2 –Historico-legal Foundations of Education

2. Renaissance Period and Modern/Contemporary Period

Renaissance Period Modern Period

Review Exercises

Name: _________________________________ Date: _________

Year & Section__________________________ Score: __________

Activity 1.2 Identification: Write the correct answer before each number.
__________________1. A period after which the Philippines gained its independence where
U.S colonial rule of the archipelago was loosened during the Commonwealth Period of 1935-
1946.

__________________2. Education during this period was mainly composed of ancient

literature and history, as it was thought that the classics provided moral instruction and an
intensive understanding of human behavior.

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Study Guide in Prof.Ed.103-The Teaching Profession Module 2: Unit 2 –Historico-legal Foundations of Education

__________________3. During this period, most children were provided with solely vocational
training, which was supervised by parents, tribal tutors or those assigned for specific,
specialized roles within their communities.

__________________4. This is the system of rules which a particular country or community

recognizes as regulating the actions of its members and which it may enforce by the imposition
of penalties.

__________________5. It is the system of criminal justice that makes sure businesses adhere to
local and federal regulations for conducting business legally.

__________________6. A law governs the interactions between different countries. These laws
are designed to promote trade and to keep all citizens safe.

__________________7. It oversees the relationship between employers and employees. Their

goal is to ensure that employees aren’t taken advantage of by corporations, which typically have
more bargaining power or resources than an individual employee.

__________________8. It is an authoritative order or a rule or law enacted by local

government.

__________________9. A field within education which pursue to research, develop, and

implement curriculum changes that increase student achievement within and outside schools.
The field focuses on how students learn and the best ways to educate.

__________________10. It includes the Act of Congress, municipal charters, municipal

legislation, court rules, administrative rules and orders, legislative rules and presidential
issuances.

REFERENCES

Salandanan, Gloria G.Methods of Teaching . LORIMAR Publishing, INC.

Salandanan,Gloria G.Elements of Good Teaching LORIMAR Publishing, INC.

Salandanan, Gloria G.Teaching and the Teacher. LORIMAR Publishing, INC.

Pawilen ,Greg T..Copyright 2019.Teaching Profession Passion and Mission Second Edition.REX Bookstore
Publishing Co.

BilbaoPurita et.al.Copyright 2012.The Teaching Profession,Second Edition.LORIMAR Publishing, Inc

BilbaoPurita et.al.Copyright 2018.The Teaching Profession, Fourth Edition.LORIMAR Publishing,

Inc.

BilbaoPurita et.al.Copyright 2006.The Teaching Profession,LORIMAR Publishing, Inc.

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