Technical Report

LEGAL BASES IN FOUNDATIONS OF EDUCATION

( EXECUTIVE ORDER NO. 117)

FS503A – FOUNDATIONS OF EDUCATION

SECOND SEMESTER 2019 – 2020

JODELLE L. OMANG

MAY 20, 2020

SOUTHERN LEYTE STATE UNIVERSITY

SOGOD, SOUTHERN LEYTE
OFFICE OF THE GRADUATES SCHOOL

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 Table of Contents

Title Page

Title of the Topic ……………………………………………………. 2

Introduction ……………………………………............................. 3

Objectives ………………………………………………….............. 4

Discussions ……………………………………………………….... 4–9

Review of Related Literature ……………………………........... 10 - 13

Summary ………………………………………………………........ 14

Impact of the topic to career/profession ………………………. 15

References ……………………………………............................... 16 - 17

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 LEGAL BASIS
IN
FOUNDATION OF EDUCATION
(EXECUTIVE ORDER NO. 117)

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INTRODUCTION:

The legal bases of education were made for the common good of the learners,
teachers, and other people involved in the education system. As laws were made for the
people, it is also our responsibility to be knowledgeable of these legal bases for us to
know our rights and responsibilities. Laws are like subject matters or lessons that can
be considered to be effective, only when it is taught and understood

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.

Laws were made for the people- to have harmonious and good relationship with each
other, to avoid problems,misunderstandings, conflicts and the like. As laws were made
for the people, it is then our duty to follow and know it by heart.

Presidential laws have been used by every president and are known as Executive
orders. The power of Executive order allows the president to create laws and decide
how existing laws should be administered. Many Executive orders are issued to give
guidance to federal agencies of government.

Some policy initiatives require approval by the legislative branch, but executive
orders have significant influence over the internal affairs of government, deciding how
and to what degree legislation will be enforced, dealing with emergencies, waging wars,
and in general fine-tuning policy choices.

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Objectives:

1. Define Executive Order and its purpose

2. Discuss the Executive Order No. 117 – The Reorganization of the ministry of
Education, Culture and Sports prescribing its powers and functions.
3. Understand the significance of the Legal Bases (Executive Order 117)

Discussions:

What is Executive Order?

Executive order (Filipino: Kautusang tagapagpaganap), according to Book III, Title I,

Chapter II, Section 2 of Administrative Code of 1987, refer to the "Acts of the President
providing for rules of a general or permanent character in implementation or execution
of constitutional or statutory powers."

An executive order is a signed, written, and published directive from the President of the
country that manages operations of the government. Executive orders are not
legislation; they require no approval from Congress, and Congress cannot simply
overturn them. Some policy initiatives require approval by the legislative branch,
but executive orders have significant influence over the internal affairs of government,
deciding how and to what degree legislation will be enforced, dealing with emergencies,
waging wars, and in general fine-tuning policy choices.

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During the time of President Corazon Aquino, she write an Executive Order No. 117 that
otherwise known as the Reorganization Act of the Ministry of Education, Culture and
Sports on January 30, 1987 . The purpose of EO No. 117 is that the Ministry shall be
primarily responsible for the formulation, planning, implementation and coordination of
the policies, plans, programs and projects in the areas of formal and non-formal
education at all levels, supervise all education institutions, both public and private, and
provide for the establishment and maintenance of a complete, adequate and integrated
system of education relevant to the goals of national development.

The Education Act of 1982 created the Ministry of Education, Culture and Sports, which
became the Department of Education, Culture and Sports (DECS) in 1987 via Executive
Order No. 117 by President Corazon C. Aquino.

The purpose of DECS it is the main agency tasked to manage and govern the Philippine
system of basic education. It is the chief formulator of Philippine education policy and
responsible for the Philippine primary and secondary school systems.

The Ministry of Education, Culture and Sports, hereinafter referred to as the Ministry, is
reorganized, structurally and functionally, in accordance with the provisions of the
Executive Order.

To accomplish its mandate and objectives, the Ministry shall have the powers and
functions of formulating, planning, implementing and coordinating the policies, plans,
programs and projects for the following areas of responsibility:

(a) Elementary, Secondary, physical and international kinds of education;

(b) Non-formal and vocational/technical kinds of education;

(c) Higher education;

(d) Development of culture;

(e) Foreign and locally assisted projects and other activities.

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This Executive Order No. 117 focus also in making Structural Organization. The Ministry,
aside from the Ministry Proper, shall consist of Bureaus and Regional Offices.

A Bureau is any principal subdivision of the department performing a single major function
or closely related functions. Bureaus are either staff or line.

Bureau of Elementary Education. The Bureau of Elementary Education shall have the
following functions:

 Conduct studies and formulate, develop and evaluate programs and educational
standards for elementary education;
 Undertake studies necessary for the preparation of prototype curricular designs,
instructional materials, and teacher training program for elementary education;
 Formulate guidelines to improve elementary school physical plans and equipment,
and general management of these schools;
 Perform other functions provided by law.

Bureau of Secondary Education. The Bureau of Secondary Education shall have the
following functions:

 Conduct studies and formulate, develop and evaluate programs and educational
standards for Secondary and educational standards for Secondary education;
 Develop curricular designs, prepare instructional materials and prepare and
evaluate programs to upgrade the quality of the teaching and non-teaching staff at
the Secondary level.
 Formulate guidelines to improve the Secondary school physical plants and
equipment, and general management of these schools;
 Perform other functions provided by law.

Bureau of Technical and Vocational Education. The Bureau of Technical and Vocational
Education shall have the following functions:

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  Collaborate with other agencies in formulation of manpower plans;
 Conduct studies, formulate, develop and evaluate post-SECondary vocational-
technical programs and recommend educational standards for these programs;
 Develop curricular designs and prepare instructional materials, prepare and
evaluate programs to upgrade the quality of teaching and non-teaching staff, and
formulate guidelines to improve the physical plant and equipment of post-
SECondary vocational-technical schools,

Bureau of Higher Education. The Bureau of Higher Education shall have the following
functions:

 Develop, formulate and evaluate programs, projects and educational standards for
a higher education;
 Provide staff assistance to the Board of Higher Education in its policy and advisory
functions;
 Provide technical assistance to encourage, institutional development programs
and projects;
 Compile, analyze and evaluate data on higher education;
 Perform other functions provided by law.

Bureau of Continuing Education, hereby renamed as Bureau of Non-Formal

Education. The Bureau of Continuing Education shall have the following functions:

 Serve as a means of meeting the learning needs of those unable to avail

themselves of the educational services and program of formal education;
 Coordinate with various agencies in providing opportunities for the acquisition of
skills necessary to enhance and ensure continuing employability, efficiency,
productivity, and competitiveness in the labor market;
 Serve as means of expanding access to educational opportunities to citizens of
varied interests, demographic characteristics and socio- economic origins of
status.

Bureau of Sports Development, hereby renamed as Bureau of Physical Education and

School Sports. The Bureau of Physical Education and School Sports shall have the
following functions:

 Develop human resources through mass-based sports education;

 Improve the general fitness of the citizenry;

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  Promote social and cultural integration through the revival of indigeneous games
and sports;
 Identify and nurture sports talents; and promote excellence in sports, traditional
games and other physical activities.
 Perform other functions as may be provided by law.

The Ministry is also authorized to establish, operate and maintain a Regional Office in
each of the administrative regions of the country. Each Regional Office shall be headed
by a Regional Director who shall be assisted by an Assistant Regional Director. The
Regional Director shall be responsible for the School Divisions and their Superintendents
within his administrative region.

A Regional Office shall have, within its administrative region, the following functions:

 Implement laws, rules, regulations, policies, plans, program and projects of the
Ministry;
 Provide efficient and effective service to the people;
 Coordinate with regional offices of other ministries, offices and agencies in the
region;
 Coordinate with local government units;
 Perform such other functions as may be provided by law.

The following agencies are also attached to the Ministry:

 National Museum;
 National Library;
 National Historical Institute;
 Institute of National Language, which is hereby renamed as Institute of Philippine
Languages.

The following agencies shall continue to be attached to the Ministry.

Instructional Materials Corporation; Instructional Materials Council; Educational

Development Projects Implementing Task Force; Educational Assistance Policy Council;
National Social Action Council; National Board for Teachers; the Boy Scouts of the
Philippines; and Girl Scouts of the Philippines.

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In Section 20, 21 and 22 it states that:

State College and Universities. By virtue of chairmanship of their boards of trustees as

provided in their respective charters, the Minister, directly or through his Deputy Ministers,
shall continue to govern state colleges and universities.

Board of Higher Education. The Board of Higher Education is hereby reactivated and
mandated to articulate the policy and support frameworks for both public and private post-
SECondary education.

Regional Offices. The Ministry is authorized to establish, operate and maintain a Regional
Office in each of the administrative regions of the country. Each Regional Office shall be
headed by a Regional Director who shall be assisted by an Assistant Regional Director.
The Regional Director shall be responsible for the School Divisions and their
Superintendents within his administrative region.

Regional Office shall have the following fuctions

 Implement laws, rules, regulations, policies, plans, program and projects of the
Ministry;
 Provide efficient and effective service to the people;
 Coordinate with regional offices of other ministries, offices and agencies in the
region;
 Coordinate with local government units;
 Perform such other functions as may be provided by law.

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Review of Related Literature

Based on the Executive order no. 117 by President Corazon Aquino it focus on
reorganization of the ministry of education, culture and sports prescribing its powers and
functions and for other purposes. The ministry of education are repsonsible for
formulation, planning implementation, and coordination of the policies, plans, programs,
and projects in the areas of formal and non formal at all levels. Elementary, secondary,
higher, technical-vocational, non-formal, sports and culture. Supervise all educational
institution, both public and private. Provide for the stablishment and maintenance of a
complete, adequate and integrated system of education.

The main purpose of education is to educate individuals within society, to prepare and
qualify them for work in economy as well as to integrate people into society and teach
them values and morals of society.

Education is beset with multiplicity of changes and demands in its socio-political,

economic, technological and academic spheres, such as globalisation (Abulencia, 2015;
Misra, 2012), technological advances (Laal, 2013; Wikramanayake, 2015), a push for
egalitarian principles in the teaching profession (Bongco & Abenes, 2019; Coulter &
Greig, 2008), and transformative education (Bivens, Moriarty & Taylor, 2009; Bourn,
2016). These demands have pressed basic education to design itself in such a way that
it would be able to educate holistically developed, lifelong learners (Abisaki, 2015; Laal,
2013), who are equipped to thrive in the 21st century world (Rotherham & Willingham,
2009).

Philippine basic education (kindergarten, elementary, junior and senior high school)
responded to challenges in education with reforms (Barlongo, 2015), one of the largest
scale being the K to 12 Education Program, which started in 2012 (Orale & Uy, 2018)
and legitimised through Republic Act No. 10533 (Enhanced Basic Education Act of
2013) and Republic Act No. 10157 (Kindergarten Act of 2012). These initiatives were

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described by the then secretary of the Department of Education, Armin Luistro as “the
most comprehensive basic education reform initiative ever done in the country since the
establishment of the public education system more than a century ago”
(SEAMEOINNOTECH, 2012, p. iii). The reforms intended to reverse the decades of
decline in Philippine education and create a system that is both high-performing and
inclusive (Sarvi, Munger & Pillay, 2015).

Villena, Reyes and Dizon (2015) argued that teachers are the most important people in
curriculum implementation, while Vilches (2018) asserted that teachers are a major
influence upon whether educational reforms will succeed, or not succeed (Bongco &
David 21). While teachers had been viewed as technicians in the past, Fink (2000)
asserted that teachers are more than just passive implementers of change. Change is not
something that the system does to them, but something that must be accomplished along
with the teachers.

Many education systems are working hard at implementing radical reforms in order to
adapt to a changing world. A current international trend in education reform is the
devolution of decisionmaking powers from central level to the decentralised level. In the
school system, a strategic plan has been introduced as a new trend leading towards
greater autonomy. It has evolved due to the need for schools to become more market
driven rather than remain as a public service. Self-management depends on, and is
closely linked to, the adoption of a strategic plan for the execution of their leadership and
management practices (Thurlow, Bush & Coleman, 2003).

As defined by Phil Schlechty, restructuring is “changing the system of rules, roles and
relationships that govern the way time, people, space, knowledge and technology are
used” (Brandt, 1993).

Glenn Harvey and David Crandall say the goal of restructuring should be “to preserve
and build upon what has been successful in educating our children and to rethink and
redesign those aspects of the enterprise that have failed (mission and goals;
organization; management; instruction; roles, responsibilities and regulations; external
involvement; and finances) (1988).

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According to David Conley, “Restructuring activities change fundamental assumptions,
practices and relationships, both within the organization and between the organization
and the outside world, in ways that lead to improved and varied student learning
outcomes for essentially all students” (1993).

Believing that the current educational system was beyond repair and that the first wave
of reforms had minimal impact on improving teaching and learning, some reformers
have called for a complete overhaul or restructuring of the educational system (Murphy,
1991). Amy Klauke states that “restructuring has become the central issue in the school
reform movement” (1989).

The introduction of a strategic plan in the school system emanated when the government
realised that schools only focus on short-term tasks. Strategic decisions were taken
outside the schools by external stakeholdersand this created a culture of dependency.

The process of strategic planning is arguably more important than simply providing the
document itself. Therefore, the effectiveness of the strategic planning process is best
measured by the extent to which all stakeholders understand their roles.

The growingness awareness of the benefits of education, the constitutional provision ( a

new constitution adopted in 1987) for free and compulsory elementary education, the
demand for education relevance and responsiveness to changing societal needs and the
alarming rate of the increase in the country’s population have contributed to the problem
of providing education for all, a problem which become serious each year. The
Department of Education, Culture and Sports now the Department of Education DEPed)
has attempted to implement educational reforms, programmes and projects to address
the current issues of access and quality basic education, relevance and effieciency of the
educational system.

In recent years, the DepEd has pursued several development programmes and projects
through government funding and overseas economic cooperation both bilateral and multi-
lateral.

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The strategies to improve education include overall review of elementary and secondary
education, univeral access to and quality of education, management training for principal
and school administrators, development of research, improvement of libraries and
teachers welfare.

Technical and Vocational Education was also revised in an effort to cope with rapid
technological advancements and to provide young people with more meaningful
preparation for their future employment.

At the Higher education level, the strategies include improving access of the poor and
disadvantaged, improving quality – notably by focusing on pre-service and in-service
training for teachers, liberalizing policies for private schools,rationalizing state colleges
and universities, and strengthening linkages with goverment professional boards for
evaluation.

According to the Philippine National Development Plan, “the number of higher education
institutions in the Philippines is ten times more than its neighboring countries. The
Philippines’s lackluster performance in producing innovators, researchers (81
researchers per million population versus 205 in Indonesia and 115 in Vietnam) and
knowledge producers (28 out of 777 journals, or 3.6 percent are listed under Thomson
Reuters, Scopus or both) indicates that the country has lagged behind many of its
Asean neighbors in producing researchers, innovators and solutions providers needed
to effectively function in a knowledge economy.”

Generally speaking, the term school restructuring denotes a comprehensive reworking or

rebuilding of the educational system for the purpose of improving teaching and learning.

Organizational structure is particularly important in achieving goals and results.

Organizational structure allows for the chain of command. Department leaders are in
charge of delegating tasks and projects to subordinates so the department can meet
project deadlines. Leaders play an active role in making team performance effective in
modern organisational settings (Hannah, Walumbwa, & Fry, 2011)

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Summary:

Main purpose of education is to educate individuals within society, to prepare and

qualify them for work in economy as well as to integrate people into society and teach
them values and morals of society. Role of education is means of socializing individuals
and to keep society smoothing and remain stable.

The reorganization of the Department of Education, Culture and Sports, hereinafter

referred to as the Department, shall be undertaken under authority of Executive Order
No. 117 issued on January 30, 1987 in order to promote efficiency and effectiveness in
the delivery of education and public services.

The purpose of this Executive Order No. 117 is that that the education system shall make
a maximum contribution to the attainment of national development goals; that the State
shall promote and maintain equality of access to education and enjoyment of the benefits
thereof by all citizens; and that the State shall use education as an instrument for the
development of the cultural communities of the nation and the deprived communities to
enrich their participation in the community and national life and to unify all Filipinos into a
free and just nation.

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Impact of the Topic To my Career/ Profession:

For teachers to become effective, it is but proper that I should understand the legal
bases of education for it is the foundation of all policies and rules concerning education.
It is like a guiding star that will help me as a teacher to find the right path that I must
follow so that I can achieve the objectives of education.

Teachers should fully understand these laws because it helps in our teaching. Teachers
should be guided by these laws so that we can perform our responsibilities as
educators. These laws will guide us to know what are the right things to do as teachers.
Policies were made so that teachers are aware of their duties and do what is
appropriate at all times.

As a teacher, it is significant to understand the importance of the legal bases of

education. It serves as our guide of our duties, obligations, rights, and responsibilities as
a teacher. Understanding and following these legal bases are important for it helps us in
becoming a good educator with a great heart and great personality.

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References:

Department of Education, Culture, and Sports. National Report on the development of

education in the philippines. International Conference on Education, 44 th Session,
Geneva, 1994

https://www.officialgazette.gov.ph/1987/01/30/executive-order-no-117-s-1987/

https://www.deped.gov.ph/1987/03/18/do-27-s-1987-implementing-guidelines-on-the-
reorganization-of-the-department-of-education-culture-and-sports-pursuant-to-eo-no-
117/

https://www.idra.org/resource-center/school-restructuring-a-continuing-imperative/

https://www.deped.gov.ph/2018/12/28/group-dynamics-and-effective-leadership-styles-
in-modern-organisation/

Abisaki (2015). Education for development: Towards a holistic approach to curriculum

implementation in Kenya. Journal of Research in Humanities and Social Science, 3(6),
59-63.

Barlongo, C. J. (2015). Reforms in the Philippine education system: The K to 12

Program. Business Mirror, 26 May

Department of Education, Culture, and Sports. the development of education National

report of the Philippines. International Conference on Education, 45th Session, Geneva,
1996

Oloruntegbe, K. (2011). Teachers’ involvement, commitment and innovativeness in

curriculum development and implementation. Journal of Emerging Trends in
Educational Research and Policy Studies, 2(6), 443-449.

Middlewood, S., & Lumby, M. (2007). Strategic management in schools and colleges.
London: Paul Chapman.

https://smallbusiness.chron.com/organizational-structure-important-3793

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http://www.ibe.unesco.org/fileadmin/user_upload/archive/Countries/WDE/2006/ASIA_an
d_the_PACIFIC/Philippines/Philippines

Chang, G. C. (2008). Strategic planning in Education: Some concepts and methods.

Paris: UNESCO.

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