E-EDUC214

The Teaching Profession

Module 3
The Teacher and the
Legal Foundations of Education

DR. OLIVIA M. LEGASPI

Module Writer
Professional Education Department
College of Education
De La Salle University - Dasmariñas

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 MODULE OVERVIEW
This will introduce you to the different laws that
shaped and affected the organizational structure,
policies and curriculum of the Philippine
educational system.

COURSE LEARNING OUTCOME

CLO3: Demonstrate understanding of the historical, legal,
and philosophical foundations of education.

TOPIC LEARNING OUTCOMES

TLO6: Discuss the legal foundations of education in the
Philippines.
TLO7: Analyze the effects of the given laws to the
Philippine educational system.

MODULE OBJECTIVES
MO1: Compare the educational provisions of
the Philippine Constitutions.
MO2: Highlight the important provisions of
the legal bases of the Philippine
educational system.
MO3: Describe the educational system of the
country as shaped by these legal bases.

All the images used in this module were taken from www.bing.com.

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 TABLE OF CONTENTS

Module Overview ………………………… 2

Gospel Reading …………………………… 3

ntroduction ………....……………………. 5

iscussion ………………………………….. 6

laboration/Exploration ………………. 46

pplication ………………………………... 47

References ……………………….………… 48

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 GOSPEL READING

Let us remember that we are in the holy presence of God.

In the name of the Father, and of the Son, and of the Holy Spirit, AMEN.

Our gospel for the day (11 October 2021) is taken from the book of Luke 11:29-32.

29 When the crowds were increasing, he began to say, "This generation is an evil generation; it
seeks a sign, but no sign shall be given to it except the sign of Jonah.
30 For as Jonah became a sign to the men of Nineveh, so will the Son of man be to this
generation.
31 The queen of the South will arise at the judgment with the men of this generation and
condemn them; for she came from the ends of the earth to hear the wisdom of Solomon, and
behold, something greater than Solomon is here.
32 The men of Nineveh will arise at the judgment with this generation and condemn it; for
they repented at the preaching of Jonah, and behold, something greater than Jonah is here.

Let us recite our Lasallian prayer:

I will continue, oh my God, to do all my actions for the love of Thee.

St. John Baptist de la Salle, pray for us.

Live Jesus in our hearts, forever.

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 NTRODUCTION

hat laws shaped the Philippine educational system? Why is it important for prospective
teachers like you to be acquainted with the different legal bases of our educational system? How
will the knowledge of these laws help you in your future profession?

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 ISCUSSION

Part 1: Constitutional Provisions Related to Education

Education in the Philippines is governed by several laws, legal documents and government
issuances. The teachers have to be knowledgeable about the legal foundations of education so that
they will be guided in the performance of their duties.

Let us check the provisions about education as embodied in the Constitutions of the Philippines.

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A. The 1935 Constitution, Article XIII, Section 5
• All educational institutions shall be under the supervision of and subject to regulation by the
State.
• The Government shall establish and maintain a complete and adequate system of public
education, and shall provide at least free public primary instruction, and citizenship training to
adult citizens.
• All schools shall aim (a) to develop moral character, personal discipline, civic conscience, and
vocational efficiency, and (b) to teach the duties of citizenship.
• Optional religious instruction shall be maintained in the public schools as now authorized by
law.
• Universities established by the State shall enjoy academic freedom.
• The State shall create scholarships in arts, science, and letters for specially gifted citizens.

B. The 1973 Constitution, Article XV, Section 8

(1) All educational institutions shall be under the supervision of, and subject to regulation by, the
State. The State shall establish and maintain a complete, adequate, and integrated system of
education relevant to the goals of national development.
(2) All institutions of higher learning shall enjoy academic freedom.
(3) The study of the Constitution shall be part of the curricula in all schools.
(4) All educational institutions shall aim to (a) inculcate love of country, (b) teach the duties of
citizenship, and (c) develop moral character, personal discipline, and scientific, technological,
and vocational efficiency.
(5) The State shall maintain a system of free public, elementary education and, in areas where
finances permit, establish and maintain a system of free public education at least up to the
secondary level.
(6) The State shall provide citizenship and vocational training to adult citizens and out-of-school
youth, and create and maintain scholarships for poor and deserving students.
(7) Educational institutions, other than those established by religious orders, mission boards, and
charitable organizations, shall be owned solely by citizens of the Philippines, or corporations or
association sixty per centum of the capital of which is owned by such citizens. The control and
administration of educational institutions shall be 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 enrolment in any school. The provisions of this sub-
section shall not apply to schools established for foreign diplomatic personnel and their
dependents and, unless otherwise provided by law, for other foreign temporary residents.
(8) At the option expressed in writing by the parents or guardians, and without cost to them and
the Government, religion shall be taught to their children or wards in public elementary and
high schools as may be provided by law.

C. The 1987 Philippine Constitution, Article XIV (On Education)

Section 1. The State shall protect and promote the right of all 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;

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(2) Establish and maintain a system of free public education in the elementary and high school
levels. Without limiting the natural right 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) Encourage non-formal, informal, and indigenous learning systems, 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 other skills.

Section 3. (1) All educational institutions shall include the study of the Constitution as part of the
curricula.
(2) They shall (a) inculcate patriotism and nationalism, (b) foster love of humanity, respect for
human rights, appreciation of the role of national heroes in the historical development of the
country, (c) teach the rights and duties of citizenship, (d) strengthen ethical and spiritual values, (e)
develop moral character and personal discipline, (f) encourage critical and creative thinking, (g)
broaden scientific and technological knowledge, and (h) promote vocational efficiency.
(3) At the option expressed in writing by the parents or guardians, religion shall be allowed to be
taught to their children or wards in 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, without additional cost to the Government.

Section 4. (1) The State recognizes the complementary roles of 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 owned 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 be 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 school. 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.

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(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, subject 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.

What specific provisions in the Constitution strike you most about the education offered in the
country?
How did the changes in the educational aims required of schools affect the educational practices?

Part 2: Other Laws Related to Education

Let us now check Batas Pambansa Blg. 232 or the Education Act of 1982. According to this Act, it
shall apply to and govern both formal and non-formal systems in public and private schools in all
levels of the entire educational system.

I. General Provisions, Chapter 2, Declaration of Basic State Policy and Objectives

Section 3. Declaration of Basic Policy - It is the policy of the State to established and maintain a
complete, adequate and integrated system of education relevant to the goals of national
development. Toward this end, the government shall ensure, within the context of a free and
democratic system, maximum contribution of the educational system to the attainment of the
following national developmental goals:

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1. To achieve and maintain an accelerating rate of economic development and social progress;
2. To ensure 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 a changing world.

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 State shall therefore promote and maintain equality of access to
education as well as the enjoyment of the benefits of education by all its citizens.

The state shall promote the right of the nation's cultural communities in the exercise of their right
to develop themselves within the context of their cultures, customs, traditions, interest and belief,
and recognizes education as an instrument for their maximum participation in national
development and in ensuring their involvement in achieving national unity.

Section 4. Declaration of Objectives - The educational system aims to:

1. Provide for a broad general education that will assist each individual in the peculiar ecology of
his own society, to (a) attain his potentials as a human being; (b) enhance the range and quality
of individual and group participation in the basic functions of society; and (c) acquire the
essential educational foundation of his development into a productive and versatile citizen;
2. Train the nation's manpower in the middle-level skills for national development;
3. Develop the profession that will provide leadership for the nation in the advancement of
knowledge for improving the quality of human life; and
4. Respond effectively to changing needs and conditions of the nation through a system of
educational planning and evaluation.

Towards the realization of these objectives, and pursuant to the Constitution, all educational
institutions shall aim to inculcate love of country, teach the duties of citizenship, and develop moral
character, personal discipline, and scientific, technological, and vocational efficiency.

Furthermore, the educational system shall reach out to educationally deprived communities, in
order to give meaningful reality to their membership in the national society, to enrich their civic
participation in the community and national life, and to unify all Filipinos into a free and just
nation.

II. The Educational Community, Chapter 2, Rights

Section 8. Rights of Parents - In addition to other rights under existing laws, all parents who have
children enrolled in a school have the following rights:
1. The right to organize by themselves and/or with teachers for the purpose of providing a forum
for the discussion of matters relating to the total school program, and for ensuring the full
cooperation of parents and teachers in the formulation and efficient implementation of such
programs.
2. The right to access to any official record directly relating to the children who are under their
parental responsibility.

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Section 9. Right of Students in School - In addition to other rights, and subject to the limitation
prescribed by law and regulations, and student and pupils in all schools shall enjoy the following
rights:
1. The right to receive, primarily through competent instruction, relevant quality education in line
with national goals and conducive to their full development as person with human dignity.
2. The right to freely choose their field of study subject to existing curricula and to continue their
course therein up to graduation, except in cases of academic deficiency, or violation of
disciplinary regulations.
3. The right to school guidance and counseling services for decisions and selecting the alternatives
in fields of work suited to his potentialities.
4. The right of access to his own school records, the confidentiality of which the school shall
maintain and preserve.
5. The right to the issuance of official certificates, diplomas, transcript of records, grades, transfer
credentials and other similar documents within thirty days from request.
6. The right to publish a student newspaper and similar publications, as well as the right to invite
resource persons during assemblies, symposia and other activities of similar nature.
7. The right to free expression of opinions and suggestions, and to effective channels of
communication with appropriate academic channels and administrative bodies of the school or
institution.
8. The right to form, establish, join and participate in organizations and societies recognized by the
school to foster their intellectual, cultural, spiritual and physical growth and development, or to
form, establish, 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 own
organizations or societies.

Section 10. Rights of all School Personnel - In addition to other rights provided for by law, the
following rights shall be enjoyed by all school personnel:
1. The right to free expression of opinion and suggestions, and to effective channels of
communication with appropriate academic and administrative bodies of the school or
institution.
2. The right to be provided with free legal service by the appropriate government office in the case
of public school personnel, and through the school authorities concerned in the case of private
school personnel, when charged in an administrative, civil and/or criminal proceedings by
parties other than the school or regulatory authorities concerned for actions committed directly
in the lawful discharge of professional duties and/or in defense of school policies.
3. The right to establish, join and maintain labor organizations and/or professional and self-
regulating organizations of their choice to promote their welfare and defend their interests.
4. The right to be free from involuntary contributions except those imposed by their own
organizations.

Section 11. Special Rights and/or Privileges of Teaching or Academic Staff - Further to the rights
mentioned in the preceding Section, every member of the teaching or academic staff shall enjoy
the following rights and/or privileges:
1. The right to be free from compulsory assignments not related to their duties as defined in their
appointments or employment contracts, unless compensated therefor, conformably to existing
law.
2. The right to intellectual property consistent with applicable laws.

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3. Teachers shall be deemed persons in authority when in the discharge of lawful duties and
responsibilities, and shall, therefore, be accorded due respect and protection.
4. Teachers shall be accorded the opportunity to choose alternative career lines either in school
administration, in classroom teaching, or others, for purposes of career advancement.

Section 12. Special Rights of School Administration - School administrators shall, in accordance
with existing laws, regulations and policies of the Ministry of Education, Culture and Sports, be
accorded sufficient administrative discretion necessary for the efficient and effective performance
of their functions. School administrators shall be deemed persons in authority while in the
discharge of lawful duties and responsibilities, and shall therefore be accorded due respect and
protection.

Section 13. Rights of Schools - In addition to other rights provided for by law, schools shall enjoy
the following:
1. The right of their governing boards or lawful authorities to provide for the proper governance of
the school and to adopt and enforce administrative or management systems.
2. The right for institutions of higher learning to determine on academic grounds who shall be
admitted to study, who may teach, and what shall be subjects of the study and research.

II. The Educational Community, Chapter 3, Duties and Obligations

Section 14. Duties of Parents - In addition to those provided for under existing laws, all parents
shall have the following duties and obligations:
1. Parents, individually or collectively, through the school systems, shall help carry out the
educational objectives in accordance with national goals.
2. Parents shall be obliged to enable their children to obtain elementary education and shall strive
to enable them to obtain secondary and higher education in the pursuance of the right
formation of the youth.
3. Parents shall cooperate with the school in the implementation of the school program curricular
and co-curricular.

Section 15. Duties and Responsibilities of Students - In addition to those provided for under
existing laws, every student shall:
1. Exert his utmost to develop his potentialities for service, particularly by undergoing an education
suited to his abilities, in order that he may become an asset to his family and to society.
2. Uphold the academic integrity of the school, endeavor to achieve academic excellence and
abide by the rules and regulations governing his academic responsibilities and moral integrity.
3. Promote and maintain the peace and tranquility of the school by observing the rules and
discipline, and by exerting efforts to attain harmonious relationships with fellow students, the
teaching and academic staff and other school personnel.
4. Participate actively in civic affairs and in the promotion of the general welfare, particularly in the
social, economic and cultural development of his community and in the attainment of a just,
compassionate and orderly society.
5. Exercise his rights responsibly in the knowledge that he is answerable for any infringement or
violation of the public welfare and of the rights of others.

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Section 16. Teacher's Obligations - Every teacher shall:
1. Perform his duties to the school by discharging his responsibilities in accordance with the
philosophy, goals, and objectives of the school.
2. Be accountable for the efficient and effective attainment of specified learning objectives in
pursuance of national development goals within the limits of available school resources.
3. Render regular reports on performance of each student and to the latter and the latter's parents
and guardians with specific suggestions for improvement.
4. Assume the responsibility to maintain and sustain his professional growth and advancement and
maintain professionalism in his behavior at all times.
5. Refrain from making deductions in students' scholastic rating for acts that are clearly not
manifestations of poor scholarship.
6. Participate as an agent of constructive social, economic, moral, intellectual, cultural and political
change in his school and the community within the context of national policies.

Section 17. School Administrators' Obligations - Every school administrator shall:

1. Perform his duties to the school by discharging his responsibilities in accordance with the
philosophy, goals and objectives of the school.
2. Be accountable for the efficient and effective administration and management of the school.
3. Develop and maintain a healthy school atmosphere conducive to the promotion and
preservation of academic freedom and effective teaching and learning, and to harmonious and
progressive school-personnel relationship.
4. Assume and maintain professional behavior in his work and in dealing with students, teachers,
academic non-teaching personnel, administrative staff, and parents or guardians.
5. Render adequate reports to teachers, academic non-teaching personnel and non-academic staff
on their actual performance in relation to their expected performance and counsel them on
ways of improving the same.
6. Observe due process, fairness, promptness, privacy, constructiveness and consistency in
disciplining his teachers and other personnel.
7. Maintain adequate records and submit required reports to the Ministry of Education, Culture
and Sports.

Section 18. Obligations of Academic Non-Teaching Personnel - Academic non-teaching personnel

shall:
1. Improve himself professionally be keeping abreast of the latest trends and techniques in his
profession.
2. Assume, promote and maintain an atmosphere conducive to service and learning.
3. Promote and maintain an atmosphere conducive to service and learning.

III. Educational Systems, Chapter 1, Formal Education

Section 20. Definition - "Formal Educational" refers to the hierarchically structured and
chronologically graded learning organized and provided by the formal school system and for which
certification is required in order for the learner to progress through the grades or move to higher
levels. Formal education shall correspond to the following levels:
1. Elementary Education - the first stage of compulsory, formal education primarily concerned
with providing basic education and usually corresponding to six or seven grades, including pre-
school programs.

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2. Secondary Education - the state of formal education following the elementary level concerned
primarily with continuing basic education and expanding it to include the learning of
employable gainful skills, usually corresponding to four years of high school.
3. Tertiary Education - post secondary schooling in higher education leading to a degree in a
specific profession or discipline.

Section 21. Objectives of Elementary Education - The objectives of elementary education are:
1. To provide the knowledge and develop the skills, attitudes, and values essential to personal
development and necessary for living in and contributing to a developing and changing social
milieu;
2. To provide learning experiences which increase the child's awareness of and responsiveness to
the changes in and just demands of society and to prepare him for constructive and effective
involvement;
3. To promote and intensify the child's knowledge of, identification with, and love for the nation
and the people to which he belongs; and
4. To promote work experiences which develop the child's orientation to the world of work and
creativity and prepare himself to engage in honest and gainful work.

Section 22. Objectives of Secondary Education - The objectives of secondary education are:
1. To continue to promote the objectives of elementary education; and
2. To discover and enhance the different aptitudes and interests of the students so as to equip him
with skills for productive endeavor and/or prepare him for tertiary schooling.

Section 23. Objective of Tertiary Education - The objectives of tertiary education are:
1. To provide a general education program that will promote national identity, cultural
consciousness, moral integrity and spiritual vigor;
2. To train the nation's manpower in the skills required for national development;
3. To develop the professions that will provide leadership for the nation; and
4. To advance knowledge through research work and apply new knowledge for improving the
quality of human life and responding effectively to changing societal needs and conditions.

III. Educational Systems, Chapter 2, Non-Formal Education and Specialized Educational Services

Section 24. Specialized Educational Service - The State further recognizes its responsibility to
provide, within the context of the formal education system, services to meet special needs of
certain clientele. These specific types, which shall be guided by the basic policies of the State
embodied in the General Provisions of this Act, include:
1. "Work Education," or "Practical Arts," as a program of basic education which aims to develop
the right attitudes towards work; and "technical-vocational education," post-secondary but non-
degree programs leading to one, two, or three year certificates in preparation for a group of
middle-level occupations.
2. "Special Education," the education of persons who are physically, mentally, emotionally, socially,
or culturally different from the so-called "normal" individuals that they require modification of
school practices/services to develop them to their maximum capacity; and
3. "Non-formal Education," any organized school-based educational activities undertaken by the
Ministry of Education, Culture and Sports and other agencies aimed at attaining specific

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 learning objectives for a particular clientele, especially the illiterates and the out-of-school youth
and adults, distinct from and outside the regular offerings of the formal school system.

The objectives of non-formal education are as follows:

a. To eradicate illiteracy and raise the level of functional literacy of the population;
b. To provide unemployed and underemployed youth and adults with appropriate
vocational/technical skills to enable them to become more productive and effective citizens; and
c. To develop among the clientele of non-formal education proper values and attitudes necessary
for personal, community and national development.

III. Educational Systems, Chapter 3, Establishment of Schools

Section 25. Establishment of Schools - All schools shall be established in accordance with law. The
establishment of new national schools and the conversion of existing schools from elementary to
national secondary or tertiary schools shall be subject to existing laws: Provided, that any private
school proposed to be established must incorporate as a non-stock educational corporation in
accordance with the provisions of the Corporation Code of the Philippines. This requirement to
incorporate may be waived in the case of family-administered pre-school institutions. Government
assistance to such schools for educational programs shall be used exclusively for that purpose.

Section 26. Definition of Terms - The terms used in this Chapter are defined as follows:
1. "Schools" are duly established institutions of learning or educational institutions.
2. "Public Schools" are educational institutions established and administered by the government.
3. "Private Schools" are educational institutions maintained and administered by private individuals
or groups.
(The manual of regulations for the private schools are embodied in Deped Order 88, s. 2010 for basic education and
CMO 40, s. 2008 for higher education.)

Section 27. Recognition of Schools - The educational operations of schools shall be subject to their
prior authorization of the government, and shall be affected by recognition. In the case of
government operated schools, whether local, regional, or national, recognition of educational
programs and/or operations shall be deemed granted simultaneously with establishment.
In all other case the rules and regulations governing recognition shall be prescribed and enforced
by the Ministry of Education, Culture and Sports defining therein who are qualified to apply,
providing for a permit system, stating the conditions for the grant of recognition and for its
cancellation and withdrawal, and providing for related matters.

Section 28. Effects of Recognition; Punishable Violations - The issuance of a certificate of

recognition to a school shall have the following effects:
1. It transforms the temporary permit to a permanent authority to operate;
2. It entitled the school or college to give the students who have completed the course for which
recognition is granted, a certificate, title or diploma; and
3. It shall entitle the students who have graduated from said recognized course or courses to all the
benefits and privileges enjoyed by graduates in similar courses of studies in all schools
recognized by the government.

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Operation of schools and educational programs without authorization, and/or operation thereof in
violation of the terms of recognition, are hereby declared punishable violations subject to the
penalties provided in this Act.

Section 29. Voluntary Accreditation - The Ministry shall encourage programs of voluntary
accreditation for institution which desire to meet standards of quality over and above minimum
required for State recognition.

III. Educational Systems, Chapter 4, Internal Organization of Schools

Section 30. Organization of Schools - Each school shall establish such internal organization as will
best enable it to carry out its academic and administrative functions, subject to limitations provided
by law. Each school establish such arrangements for the peaceful settlement of disputes between or
among the members of the educational community.

Section 31. Governing Board - Every government college or university as a tertiary institution and
every private school shall have a governing board pursuant to its charter or the Corporation Code
of the Philippines, as the case may be.

Section 32. Personnel Transactions - The terms and conditions of employment of personnel in
government schools shall be governed by the Civil Service, budgetary and compensation laws and
rules.

In private schools, dispute arising from employer-employee relations shall fall under the
jurisdiction of the Ministry of Labor and Employment as provided for by law regulations:
Provided, That in view of the special employment status of the teaching and academic non-
teaching personnel, and their special roles in the advancement of knowledge, standards set or
promulgated jointly by the Ministry of Education, Culture and Sports and by the Ministry of Labor
and Employment shall be applied by the Ministry of Labor and Employment: Provided, further,
that every private school shall establish and implement an appropriate system within the school for
the prompt and orderly settlement of provisions of Articles 262 and 263 of the Labor Code.

III. Educational Systems, Chapter 5, School Finance and Assistance

Section 33. Declaration of Policy - It is hereby declared to be the policy of the State that the
national government shall contribute to the financial support of educational programs pursuant to
goals of education as declared in the Constitution. Towards this end, the government shall:
1. Adopt measures to broaden access to education through financial assistance and other forms of
incentives to schools, teachers, pupils and students; and
2. Encourage and stimulate private support to education through, inter alia, fiscal and other
assistance measures.

A. Funding of Public Schools

Section 34. National Funds - Public school shall continue to be funded from national funds:
Provided, that local governments shall be encouraged to assume operation of local public schools
on the basis of national fund participation and adequate revenue sources which may be assigned by
the national government for the purpose.

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Section 35. Financial Aid Assistance to Public Secondary Schools - The national government shall
extend financial aid and assistance to public secondary schools established and maintained by local
governments, including barangay high schools.

Section 36. Share of Local Government - Provinces, cities and municipalities and barangays shall
appropriate funds in their annual budgets for the operation and maintenance of public secondary
schools on the basis of national fund participation.

Section 37. Special Education Fund - The proceeds of the Special Education Fund accruing to
local governments shall be used exclusively for the purposes enumerated in Section 1 of Republic
Act No. 5447, and in accordance with rules and regulations issued by the Ministry of Education,
Culture and Sports and the Ministry of the Budget. Said proceeds shall be considered a local fund
and shall be subject to Presidential Decrees No. 477, Presidential Decree No. 1375 and other
applicable local budget laws and regulations.
(RA 5447 - Special Education Fund from 1% on the assessed value of real property and a portion of the taxes on
Virginia-type cigarettes and duties on imported leaf-tobacco to be used exclusively for the following activities of
DepEd: (a) the organization and operation of such number of extension classes as may be needed to accommodate all
children of school age desiring to enter Grade I, including the creation of positions of classroom teachers, head
teachers and principals for such extension classes, (b) the programming of the construction and repair of elementary
school buildings, acquisition of sites, and the construction and repair of workshops and similar buildings and
accessories thereof to house laboratory, technical and similar equipment and apparatus needed by public schools
offering practical arts, home economics and vocational courses, (c) the payment and adjustment of salaries of public
school teachers under and by virtue of Republic Act 5168 and Republic Act 4670; (d) the preparation, printing and/or
purchase of textbooks, teachers’ guides, forms and pamphlets, approved in accordance with existing laws to be used in
all public schools; (e) the purchase and/or improvement, repair and refurbishing of machinery, laboratory, technical
and similar equipment and apparatus, including spare parts needed by schools offering vocational courses; (f) the
establishment of a printing plant to be used exclusively for the printing needs of the Department of Education and the
improvement of regional printing plants in the vocational schools; (g) the purchase of teaching materials such as
workbooks, atlases, flip charts, science and mathematics teaching aids, and simple laboratory devices for elementary
and secondary classes; (h) the implementation of the existing program for citizenship development in barrio high
schools, folk schools and adult education classes; (i) the undertaking of education research, including that of the Board
of National Education; (j) the granting of government scholarships to poor but deserving students under Republic Act
Numbered Four thousand ninety; and (k) the promotion of physical education, such as athletic meets.)

Section 38. Tuition and other School Fees - Secondary and post-secondary schools may charge
tuition and other school fees, in order to improve facilities or to accommodate more students.

Section 39. Income from other Sources - Government-supported educational institution may
receive grants, legacies, donations and gifts for purposes allowed by existing laws. Furthermore,
income generated from production activities and from auxiliary enterprises may be retained and
used for schools concerned in accordance with rules and regulations jointly issued consistently with
pertinent appropriation and budgetary laws by the Ministry of the Budget, the Ministry of
Education, Culture and Sports and the Commission on Audit.

B. Funding of Private Schools

Section 40. Funding of Private Schools - Private schools may be funded from their capital
investment or equity contributions, tuition fees and other school charges, grants, loans, subsidies,
passive investment income and income from other sources.

17
Section 41. Government Assistance - The government, in recognition of their complementary role
in the educational system, may provide aid to the programs of private schools in the form of grants
or scholarships, or loans from government financial institutions: Provided, that such programs
meet certain defined educational requirements and standards and contribute to the attainment of
national development goals.

Section 42. Tuition and Other Fees - Each private school shall determine its rate of tuition and
other school fees or charges. The rates and charges adopted by schools pursuant to this provision
shall be collectible, and their application or use authorized, subject to rules and regulations
promulgated by the Ministry of Education, Culture and Sports.

Section 43. Income from Other Sources - Any private school duly recognized by the government,
may receive any grant and legacy, donation, gift, bequest or devise from any individual, institution,
corporation, foundation, trust of philanthropic organization, or research institution or organization
as may be authorized by law. Furthermore, private schools are authorized to engage in any
auxiliary enterprise to generate income primarily to finance their educational operations and/or to
reduce the need to increase students' fees.

Section 44. Institutional Funds - The proceeds from tuition fees and other school charges, as well
as other income of schools, shall be treated as institutional funds. Schools may pool their
institutional funds, in whole or in part, under joint management for the purpose of generating
additional financial resources.

C. Incentives to Education
Section 45. Declaration of Policy - It is the policy of the State in the pursuit of its national
education development goals to provide an incentive program to encourage the participation of the
community in the development of the educational sector.

Section 46. Relating to School Property - Real property, such as lands, buildings and other
improvements thereon used actually, directly and exclusively for educational purposes shall be
subject to the real property tax based on an assessment of fifteen per cent of the market value of
such property: Provided, that all the proceeds from the payment thereof shall accrue to a special
private education fund which shall be managed and disbursed by a local private school board
which shall be constituted in each municipality or chartered city with private educational
institutions with the mayor or his representative as chairman and not more than two representatives
of the institutional taxpayers, and, likewise, not more than two residents of the municipality or
chartered city who are alumni of any of the institutional taxpayers as members: Provided, further,
that fifty percent of the additional one percent tax on real estate property provided for under
Republic Act 5447, shall accrue to the special private education fund: Provided, finally, that in
municipalities or chartered cities wherein the number of private institutions with individual
enrollment of pupils and students over five thousand exceeds fifteen, the members of the private
school board shall be increased to not more than fourteen members determined proportionately
by the Minister of Education, Culture and Sports. The private school board shall adopt its own
rules which shall enable it to finance the annual programs and projects of each institutional
taxpayer for the following purposes: student-pupil scholarships; improvement of instructional,
including laboratory, facilities and/or equipment; library books and periodicals acquisition; and
extension service in the community, in that order of priority.

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Section 47. Relating to Gifts or Donations to Schools - All gifts or donation in favor of any school,
college or university recognized by the Government shall not be subject to tax; Provided, that such
gifts or donations shall be for improvement of classrooms and laboratory of library facilities, and
shall not inure to the benefit of any officer, director, official, or owner or owners of the school, or
paid out as salary, adjustments or allowance of any form or nature whatsoever, except in support of
faculty and/or professorial chairs.

Section 48. Relating to Earnings from Established Scholarship Funds - All earnings from the
investment of any duly established scholarship fund of any school recognized by the government,
constituted from gifts to the school, and/or from contributions or other resources assigned to said
fund by the school, if said earnings are actually used to fund additional scholarship grants to
financially deserving students shall be exempt from tax until the scholarship fund is fully liquidated,
when the outstanding balance thereof shall be subject to tax.

Section 49. School Dispersal Program - All gains realized from the sale, disposition or transfer of
property, real or personal, of any duly established private school, college or university, in
pursuance of a school dispersal program of the government or of the educational institution as
approved by the government, shall be considered exempt from tax if the total proceeds of the sale
are reinvested in a new or existing duly established school, college, or university located in the
dispersal site, within one (1) year from the date of such sale, transfer or disposition; otherwise, all
taxes due on the gains realized from the transaction shall immediately become due and payable.

Section 50. Conversion to Educational Foundations - An educational institution may convert itself
into a non-stock, non-profit educational foundation, in accordance with the implementing rules to
be issued jointly by the Ministry of Education, Culture and Sports and the Ministry of Finance.
In the case of stock corporations, if for any reason its corporate existence as an educational
institution ceases and is not renewed, all its net assets after liquidation of the liabilities and other
obligations may be conveyed and transferred to any non-profit educational institution or successor
non-profit educational institution or to be used in such manner as in the judgment of said court will
best accomplish the general purposes for which the dissolved organization was organized, or to the
State.

D. Assistance to Students
Section 51. Government Assistance to Students - The government shall provide financial assistance
to financially disadvantaged and deserving students. Such assistance may be in the form of State
scholarships, grants-in-aid, assistance from the Educational Loan Fund, or subsidized tuition rates
in State colleges and universities. All the above and similar assistance programs shall provide for
reserve quotas for financially needed but academically qualified students from the national cultural
communities.

Section 52. Grant of Scholarship Pursuant to Existing Laws - Educational institutions shall be
encouraged to grant scholarships to students pursuant to the provisions of existing laws and such
scholarship measures as may hereafter be provided for by law.

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Section 53. Assistance from the Private Sector - The private sector, especially educational
institutions, business and industry, shall be encouraged to grant financial assistance to students,
especially those undertaking research in the fields of science and technology or in such projects as
may be necessary within the context of national development.

What important provisions from BP232 did you learn that will help you in the effective
performance of your duties as teachers?
How are the rights of the students, parents, teachers, administrators and non-teaching staff
enumerated in this law protected in the actual situations in the schools?

Let us now study the provisions of Republic Act No. 9155 or the Governance of Basic Education
Act of 2001.

Section 2. Declaration of Policy – It is hereby declared the 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 by providing all Filipino children a free and compulsory education in the elementary level and
free education in the high school level. Such education shall also include alternative learning
systems for out-of-school youth and adult learners. It shall be the goal of basic education to provide
them with the skills, knowledge and values they need to become caring, self- reliant, productive
and patriotic citizens.

The school shall be the heart of the formal education system. It is where children learn. Schools
shall have a single aim of providing the best possible basic education for all learners.

Governance of basic education shall begin at the national level. It is at the regions, divisions,
schools and learning centers — herein referred to as the field offices — where the policy and
principle for the governance of basic education shall be translated into programs, projects and
services developed, adapted and offered to fit local needs.

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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. Schools and
learning centers shall be empowered to make decisions on what is best for the learners they serve.

Section 3. Purposes and Objectives. – The purposes and objectives of this Act are:
(a) To provide the framework for the governance of basic education which shall set the general
directions for educational policies and standards and establish authority, accountability and
responsibility for achieving higher learning outcomes;
(b) To define the roles and responsibilities of, and provide resources to, the field offices which
shall implement educational programs, projects and services in communities they serve;
(c) To make schools and learning centers the most important vehicle for the teaching and learning
of national values and for developing in the Filipino learners love of country and pride in its
rich heritage;
(d) To ensure that schools and learning centers receive the kind of focused attention they deserve
and that educational programs, projects and services take into account the interests of all
members of the community;
(e) To enable the schools and learning centers to reflect the values of the community by allowing
teachers/learning facilitators and other staff to have the flexibility to serve the needs of all
learners;
(f) To encourage local initiatives for the improvement of schools and learning centers and to
provide the means by which these improvements may be achieved and sustained; and
(g) To establish schools and learning centers as facilities where schoolchildren are able to learn a
range of core competencies prescribed for elementary and high school education programs or
where the out-of-school youth and adult learners are provided alternative learning programs
and receive accreditation for at least the equivalent of a high school education.

Chapter 1 - Governance of Basic Education

Section 5. Principles of Shared Governance
(a) Shared governance is a principle which recognizes that every unit in the education bureaucracy
has a particular role, task and responsibility inherent in the office and for which it is principally
accountable for outcomes;
(b) The process of democratic consultation shall be observed in the decision-making process at
appropriate levels. Feedback mechanisms shall be established to ensure coordination and open
communication of the central office with the regional, division and school levels;
(c) The principles of accountability and transparency shall be operationalized in the performance
of functions and responsibilities at all levels; and
(d) The communication channels of field offices shall be strengthened to facilitate flow of
information and expand linkages with other government agencies, local government units and
nongovernmental organizations for effective governance;

Section 6. Governance – The Department of Education, Culture and Sports shall henceforth be
called the Department of Education. It shall be vested with authority, accountability and
responsibility for ensuring access to, promoting equity in, and improving the quality of basic
education. Arts, culture and sports shall be as provided for in Sections 8 and 9 hereof.

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Section 7. Powers, Duties and Functions – The Secretary of the Department of Education shall
exercise overall authority and supervision over the operations of the Department.

A. National Level
In addition to his/her powers under existing laws, the Secretary of Education shall have authority,
accountability and responsibility for the following:
(1) Formulating national educational policies;
(2) Formulating a national basic education plan;
(3) Promulgating national educational standards;
(4) Monitoring and assessing national learning outcomes;
(5) Undertaking national educational research and studies;
(6) Enhancing the employment status, professional competence, welfare and working conditions of
all personnel of the Department; and
(7) Enhancing the total development of learners through local and national programs and/or
projects.

The Secretary of Education shall be assisted by not more than four (4) undersecretaries and not
more than four (4) assistant secretaries whose assignments, duties and responsibilities shall be
governed by law. There shall be at least one undersecretary and one assistant secretary who shall
be career executive service officers chosen from among the staff of the Department.

B. Regional Level
There shall be as many regional offices as may be provided by law. Each regional office shall have
a director, an assistant director and an office staff for program promotion and support, planning,
administrative and fiscal services.

Consistent with the national educational policies, plans and standards, the regional director shall
have authority, accountability and responsibility for the following:
(1) Defining a regional educational policy framework which reflects the values, needs and
expectations of the communities they serve;
(2) Developing a regional basic education plan;
(3) Developing regional educational standards with a view towards benchmarking for international
competitiveness;
(4) Monitoring, evaluating and assessing regional learning outcomes;
(5) Undertaking research projects and developing and managing regionwide projects which may be
funded through official development assistance and/or other funding agencies;
(6) Ensuring strict compliance with prescribed national criteria for the recruitment, selection and
training of all staff in the region and divisions;
(7) Formulating, in coordination with the regional development council, the budget to support the
regional educational plan which shall take into account the educational plans of the divisions
and districts;
(8) Determining the organization component of the divisions and districts and approving the
proposed staffing pattern of all employees in the divisions and districts;
(9) Hiring, placing and evaluating all employees in the regional office, except for the position of
assistant director;
(10) Evaluating all schools division superintendents and assistant division superintendents in the
region;

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(11) Planning and managing the effective and efficient use of all personnel, physical and fiscal
resources of the regional office, including professional staff development;
(12) Managing the database and management information system of the region;
(13) Approving the establishment of public and private elementary and high schools and learning
centers; and
(14) Performing such other functions as may be assigned by proper authorities.

C. Division Level
A division shall consist of a province or a city which shall have a schools division superintendent, at
least one assistant schools division superintendent and an office staff for programs promotion,
planning, administrative, fiscal, legal, ancillary and other support services.

Consistent with the national educational policies, plans and standards, the schools division
superintendents shall have authority, accountability and responsibility for the following:
(1) Developing and implementing division education development plans;
(2) Planning and managing the effective and efficient use of all personnel, physical and fiscal
resources of the division, including professional staff development;
(3) Hiring, placing and evaluating all division supervisors and schools district supervisors as well as
all employees in the division, both teaching and non-teaching personnel, including school
heads, except for the assistant division superintendent;
(4) Monitoring the utilization of funds provided by the national government and the local
government units to the schools and learning centers;
(5) Ensuring compliance of quality standards for basic education programs and for this purpose
strengthening the role of division supervisors as subject area specialists;
(6) Promoting awareness of and adherence by all schools and learning centers to accreditation
standards prescribed by the Secretary of Education;
(7) Supervising the operations of all public and private elementary, secondary and integrated
schools, and learning centers; and
(8) Performing such other functions as may be assigned by proper authorities.

D. Schools District Level

Upon the recommendation of the schools division superintendents, the regional director may
establish additional schools district within a schools division. School districts already existing at the
time of the passage of this law shall be maintained. A school district shall have a schools district
supervisor and an office staff for program promotion.

The schools district supervisor shall be responsible for:

(1) Providing professional and instructional advice and support to the school heads and
teachers/facilitators of schools and learning centers in the district or cluster thereof;
(2) Curricula supervision; and
(3) Performing such other functions as may be assigned by proper authorities.

E. School Level
There shall be a school head for all public elementary schools and public high schools or a cluster
thereof. The establishment of integrated schools from existing public elementary and public high
schools shall be encouraged.

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The school head, who may be assisted by an assistant school head, shall be both an instructional
leader and administrative manager. The school head shall form a team with the school teachers/
learning facilitators for delivery of quality educational programs, projects and services. A core of
non-teaching staff shall handle the school’s administrative, fiscal and auxiliary services.

Consistent with the national educational policies, plans and standards, the school heads shall have
authority, accountability and responsibility for the following:
(1) Setting the mission, vision, goals and objectives of the school;
(2) Creating an environment within the school that is conducive to teaching and learning;
(3) Implementing the school curriculum and being accountable for higher learning outcomes;
(4) Developing the school education program and school improvement plan;
(5) Offering educational programs, projects and services which provide equitable opportunities for
all learners in the community;
(6) Introducing new and innovative modes of instruction to achieve higher learning outcomes;
(7) Administering and managing all personnel, physical and fiscal resources of the school;
(8) Recommending the staffing complement of the school based on its needs;
(9) Encouraging staff development;
(10) Establishing school and community networks and encouraging the active participation of
teachers’ organizations, non-academic personnel of public schools, and parents-teachers-
community associations;
(11) Accepting donations, gifts, bequests and grants for the purpose of upgrading teachers’/learning
facilitators’ competencies, improving and expanding school facilities and providing instructional
materials and equipment. Such donations or grants must be reported to the appropriate district
supervisors and division superintendents; and
(12) Performing such other functions as may be assigned by proper authorities.

The Secretary of Education shall create a promotions board, at the appropriate levels, which shall
formulate and implement a system of promotion for schools division supervisors, schools district
supervisors, and school heads. Promotion of school heads shall be based on educational
qualification, merit and performance rather than on the number of teachers/learning facilitators
and learners in the school.

The qualifications, salary grade, status of employment and welfare and benefits of school heads
shall be the same for public elementary, secondary and integrated schools.

No appointment to the positions of regional directors, assistant regional directors, schools division
superintendents and assistant schools division superintendents shall be made unless the appointee
is a career executive service officer who preferably shall have risen from the ranks.

Chapter 2 - Transfer of Cultural Agencies

Section 8. Cultural Agencies. – The Komisyon ng Wikang Pilipino, National Historical Institute,
Record Management and Archives Office and the National Library shall now be administratively
attached to the National Commission for Culture and the Arts (NCCA) and no longer with the
Department of Education. The program for school arts and culture shall remain part of the school
curriculum.

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Chapter 3 - Abolition of the Bureau of Physical Education and School Sports
Section 9. Abolition of BPESS. – All functions, programs and activities of the Department of
Education related to sports competition shall be transferred to the Philippine Sports Commission
(PSC). The program for school sports and physical fitness shall remain part of the basic education
curriculum.

The Bureau of Physical Education and School Sports (BPESS) is hereby abolished. The
personnel of the BPESS, presently detailed with the PSC, are hereby transferred to the PSC
without loss of rank, including the plantilla positions they occupy. All other BPESS personnel shall
be retained by the Department.

Note 1: DepEd Order # 1, s. 2003 contains the Implementing Rules and Regulations (IRR) of RA 9155.
Note 2: Principals need to take the Principal’s Test to qualify for the position of school head in public schools.

The DepEd Vision

We are a people organization committed to a culture of excellence in public service.

Believing that the most important resource of our country is its people, we make the task of educating
the Filipino child our singular mission.
We assist the Filipino child to discover his/her full potential in a child-centered and value-
driven teaching-learning environment and thereby, enable him/her to create his/her own destiny in
global community. We prepare him/her to become a responsible citizen and an enlightened leader
who loves his/her country and is proud to be a Filipino.

We provide a school system…

Where teachers and principals achieve the desired learning outcome not only because they
are empowered, competent and accountable, but because they care;
Where administrator exercise visionary leadership responsive to emerging learning needs of
the nation; ensure adequate resources; promote appropriate technology; create and sustain a
conducive climate to enhance learning; and
Where the family, the community and other institutions actively support our efforts.
We affirm the right of every Filipino child especially the less advantaged to benefit from such
a system.
This is our vision. With God’s help, we dedicate all our talents and energies to its realization.

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The DepEd Mission
To provide quality basic education that is equitably accessible to all and lay the foundation for life-
long learning and service for the common good.

DepEd has undergone a lot of changes in its name. Let us check the evolution of DepEd.

OFFICIAL
OFFICIAL NAME OF
YEAR TITULAR LEGAL BASES
THE DEPARTMENT
HEAD
Superior Commission of
1863 Chairman Educational Decree of 1863
Primary Instruction
Department of Public General Act. No. 74 of the Philippine
1901-1916
Instruction Superintendent Commission, Jan. 21, 1901
Department of Public Organic Act Law of 1916
1916-1942 Secretary
Instruction (Jones Law)
Renamed by the Japanese
Department of Education,
1942-1944 Commissioner Executive Commission,
Health and Public Welfare
June 11, 1942
Department of Education, Renamed by Japanese
1944 Minister
Health and Public Welfare Sponsored Philippine Republic
Department of Public Renamed by Japanese
1944 Secretary
Instruction Sponsored Philippine Republic
Department of Public Renamed by the
1945-1946 Secretary
Instruction and Information Commonwealth Government
Renamed by the
1946-1947 Department of Instruction Secretary
Commonwealth Government
E.O. No. 94, October 1947
1947-1975 Department of Education Secretary
(Reorganization Act of 1947)
Department of Education Under Proc. No. 1081, PD. No.
1975-1978 Secretary
and Culture 1, September 24, 1972
Ministry of Education and
1978-1984 Minister P.D. No. 1397, June 2, 1978
Culture
Ministry of Education,
1984-1986 Minister Education Act of 1982
Culture and Sports
Department of Education,
1987-1994 Secretary E.O. No. 117, January 30, 1987
Culture and Sports
Trifocalization of Education
Department of Education, Management thru RA 7722 and
1994-2001 Secretary
Culture and Sports RA 7796, 1994 based on the
report of EDCOM
RA 9155, August 11, 2001
2001 –
Department of Education Secretary (Governance of Basic
present
Education Act)

26
With the organizational structure of DepEd, do you think that it is capable of attaining its vision-
mission?
Did you see any improvements in the way DepEd was managed as it evolved through the years?

Aside from DepEd, there are two other government agencies that are charged with the supervision
of education in the country. These are the Commission on Higher Education (CHED) and the
Technical Education and Skills Development Authority (TESDA), the creation of which was part
of the trifocalization of education management based on the EDCOM report.

Republic Act 7722 or the Higher Education Act of 1994 created the Commission on Higher
Education (CHED) which is in charge of supervising both public and private institutions of higher
education as well as degree-granting programs in all post-secondary educational institutions, public
and private. It is headed by a Chairman and four (4) commissioners, with a Board of Advisers
composed of the following:
a. the Secretary of Education, Culture and Sports, as chairman
b. the Director-General of the National Economic and Development Authority, as co-chairman
c. the Secretary of Science and Technology
d. the Secretary of Trade and Industry
e. the Secretary of Labor and Employment
f. the President of the Federation of Accrediting Associations of the Philippines (FAAP)
g. the President of the Fund for Assistance to Private Education (FAPE)

Section 8. Powers and Functions of the Commission

The Commission shall have the following powers and functions:
a. formulate and recommend development plans, policies, priorities, and programs on higher
education and research;
b. formulate and recommend development plans, policies, priorities and programs on research;

27
c. recommend to the executive and legislative branches, priorities and grants on higher education
and research;
d. set minimum standards for programs and institutions of higher learning recommended by
panels of experts in the field and subject to public hearing, and enforce the same;
e. monitor and evaluate the performance of programs and institutions of higher learning for
appropriate incentives as well as the imposition of sanctions such as, but not limited to,
diminution or withdrawal of subsidy, recommendation on the downgrading or withdrawal of
accreditation, program termination or school closure;
f. identify, support and develop potential centers of excellence in program areas needed for the
development of world-class scholarship, nation building and national development;
g. recommend to the Department of Budget and Management the budgets of public institutions of
higher learning as well as general guidelines for the use of their income;
h. rationalize programs and institutions of higher learning and set standards, policies and guidelines
for the creation of new ones as well as the conversion or elevation of schools to institutions of
higher learning, subject to budgetary limitations and the number of institutions of higher
learning in the province or region where creation, conversion or elevation is sought to be made;
i. develop criteria for allocating additional resources such as research and program development
grants, scholarships, and other similar programs: Provided, That these shall not detract from the
fiscal autonomy already enjoyed by colleges and universities;
j. direct or redirect purposive research by institutions of higher learning to meet the needs of agro-
industrialization and development;
k. devise and implement resource development schemes;
l. administer the Higher Education Development Fund, as described in Section 10 hereunder,
which will promote the purposes of higher education;
m. review the charters of institutions of higher learning and state universities and colleges including
the chairmanship and membership of their governing bodies and recommend appropriate
measures as basis for necessary action;
n. promulgate such rules and regulations and exercise such other powers and functions as may be
necessary to carry out effectively the purpose and objectives of this Act; and
o. perform such other functions as may be necessary for its effective operations and for the
continued enhancement, growth or development of higher education.

Section 10. The Higher Education Development Fund

A Higher Education Development Fund, hereinafter referred to as the Fund, is hereby established
exclusively for the strengthening of higher education in the entire country.
a. The Government’s contribution to the Fund shall be the following:
1. the amount of Five hundred million pesos (P500,000,000) as seed capital;
2. the amount of Fifty million pesos (P50,000,000) for the initial operation of the Commission;
3. the equivalent of forty percent (40%) annual share on the total gross collections of the travel
tax;
4. the equivalent of thirty percent (30%) share of the collections from the Professional
Registration Fee; and
5. the equivalent of one percent (1%) of the gross sales of the lotto operation of the Philippine
Charity Sweepstakes Office (PCSO).

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Section 12. The Technical Panels
The Commission shall reconstitute and/or organize technical panels for different disciplines/
program areas. They shall assist the Commission in setting standards in program and institution
monitoring and evaluation. The technical panels shall be composed of senior specialists or
academicians to be appointed by the Commission.

Section 13. Guarantee of Academic Freedom

Nothing in this Act shall be construed as limiting the academic freedom of universities and
colleges. In particular, no abridgment of curricular freedom of the individual educational
institutions by the Commission shall be made except for: (a) minimum unit requirements for
specific academic programs; (b) general education distribution requirements as may be determined
by the Commission; and (c) specific professional subjects as may be stipulated by the various
licensing entities. No academic or curricular restriction shall be made upon private educational
institutions which are not required for chartered state colleges and universities.

Section 14. Accreditation

The Commission shall provide incentives to institutions of higher learning, public and private,
whose programs are accredited or whose needs are for accreditation purposes.

In 1997, RA 8292 otherwise known as the “Higher Education Modernization Act of 1997” was
passed to establish a complete, adequate and integrated system of higher education. The said law
also modified and made uniform the composition of the Governing Boards of chartered state
universities and colleges (SUCs) nationwide in order to: (a) achieve a more coordinated and
integrated system of higher education; (b) render them more effective in the formulation and
implementation of policies on higher education; (c) provide for more relevant direction in their
governance; and (d) ensure the enjoyment of academic freedom as guaranteed by the Constitution.

VISION of CHED
Philippine higher education system that is equitable and producing locally responsive, innovative,
and globally competitive graduates and lifelong learners.

29
MISSION
To promote equitable access and ensure quality and relevance of higher education institutions and
their programs.
MANDATE
Given the national government’s commitment to transformational leadership that puts education as
the central strategy for investing in the Filipino people, reducing poverty, and building national
competitiveness and pursuant to Republic Act 7722, CHED shall:

A. Promote relevant and quality higher education (i.e. higher education institutions and programs
are at par with international standards and graduates and professionals are highly competent
and recognized in the international arena);
B. Ensure that quality higher education is accessible to all who seek it particularly those who may
not be able to afford it;
C. Guarantee and protect academic freedom for continuing intellectual growth, advancement of
learning and research, development of responsible and effective leadership, education of high
level professionals, and enrichment of historical and cultural heritages; and
D. Commit to moral ascendancy that eradicates corrupt practices, institutionalizes transparency
and accountability and encourages participatory governance in the Commission and the sub-
sector.

The Commission on Higher Education is mandated under R.A 7722 to promote quality
education, broaden access to higher education, protect academic freedom for continuing
intellectual growth, and ensure advancement of learning and research. Pursuant to these mandates,
the Commission has vigorously implemented programs and projects along its four major thrusts,
namely:

1. Quality and Excellence - the provision of undergraduate and graduate education that meets
international standards of quality and excellence;
2. Relevance and Responsiveness - generation and diffusion of knowledge in the broad range of
disciplines relevant and responsive to the dynamically changing domestic and international
environment;
3. Access and Equity - broadening the access of deserving and qualified Filipinos to higher
education opportunities; and
4. Efficiency and Effectiveness - the optimization of social, institutional, and individual returns
from the utilization of higher education resources.

Do you think that CHED has been successful in accomplishing its vision-mission?
Can it ensure that the higher education institutions in the country will be able to produce the
needed manpower that the industry needs?

30
Republic Act 7796 or the TESDA Act of 1994 created the Technical Education and Skills
Development Authority (TESDA) as the government agency tasked to manage and supervise
technical education and skills development (TESD) in the Philippines.

Section 2. Declaration of Policy

It is hereby declared the policy of the State to provide relevant, accessible, high quality and
efficient technical education and skills development in support of the development of high quality
Filipino middle-level manpower responsive to and in accordance with Philippine development
goals and priorities.

The State shall encourage active participation of various concerned sectors, particularly private
enterprises, being direct participants in and immediate beneficiaries of a trained and skilled work
force, in providing technical education and skills development opportunities.

Section 3. Statement of Goals and Objectives

It is the goal and objective of this Act to:
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
c) Encourage critical and creative thinking by disseminating the scientific and technical knowledge
base of middle-level manpower development programs
d) Recognize and encourage the complementary roles of public and private institutions in technical
education and skills development and training systems
e) Inculcate desirable values through the development of moral character with emphasis on work
ethic, self-discipline, self-reliance and nationalism.

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Section 5. Technical Education and Skills Development Authority; Creation
To implement the policy declared in this Act, there is hereby created a Technical Education and
Skills Development Authority (TESDA), hereinafter referred to as the Authority, which shall
replace and absorb the National Manpower and Youth Council (NMYC), the Bureau of Technical
and Vocational Education (BTVE) and the personnel and functions pertaining to technical-
vocational education in the regional offices of the Department of Education, Culture and Sports
(DECS) and the apprenticeship program of the Bureau of Local Employment of the Department
of Labor and Employment.

Section 6. Composition of the Authority

The Authority shall be composed of the TESDA Board and TESDA Secretariat.

Section 7. Composition of the TESDA Board

The TESDA Board shall be composed of the following:
a. The Secretary of Labor and Employment Chairperson
b. Secretary of Education, Culture and Sports - Co-Chairperson
c. Secretary of Trade and Industry - Co-Chairperson
d. Secretary of Agriculture - Member
e. Secretary of Interior and Local Government - Member
f. Director-General of the TESDA Secretariat - Member

Vision of TESDA
The transformational leader in the technical education and skills development of the Filipino
workforce.

Mission
TESDA sets direction, promulgates relevant standards, and implements programs geared towards
a quality-assured and inclusive technical education and skills development and certification system.

Values Statement
We believe in demonstrated competence, institutional integrity, personal commitment, culture of
innovativeness and a deep sense of nationalism.

32
Quality Policy
"We measure our worth by the satisfaction of the customers we serve"

Through SERVICE:
S trategic Decisions
E ffectiveness
R esponsiveness
V alue Added Performance
I ntegrity
C itizen focus
E fficiency

TESDA is mandated to:

1. Integrate, coordinate and monitor skills development programs;
2. Restructure efforts to promote and develop middle-level manpower;
3. Approve skills standards and tests;
4. Develop an accreditation system for institutions involved in middle-level manpower
development;
5. Fund programs and projects for technical education and skills development; and
6. Assist trainers training programs.

At the same time, TESDA is expected to:

1. Devolve training functions to local governments;
2. Reform the apprenticeship program;
3. Involve industry/employers in skills training;
4. Formulate a skills development plan;
5. Develop and administer training incentives;
6. Organize skills competitions; and
7. Manage skills development funds.

Overall, TESDA formulates manpower and skills plans, sets appropriate skills standards and tests,
coordinates and monitors manpower policies and programs, and provides policy directions and
guidelines for resource allocation for the TVET institutions in both the private and public sectors.

TESDA pursues the assessment and certification of the competencies of the middle-level skilled
workers through Philippine TVET Competency Assessment and Certification System (PTCACS).
The assessment process seeks to determine whether the graduate or worker can perform to the
standards expected in the workplace based on the defined competency standards. Certification is
provided to those who meets the competency standards. This ensures the productivity, quality and
global competitiveness of the middle-level workers.

TESDA has a Registry of Certified Workers which provides information on the pool of certified
workers for certain occupations nationwide.

TESDA also has accredited assessment centers as well as the competency assessors who conduct
competency assessment process for persons applying for certification.

33
Do you think that TESDA has provided the country with the required middle-level manpower
needs?

Aside from knowing the different government agencies in charge of overseeing the education in the
country, there is also a need for you as prospective teachers to know the curriculum followed in
our schools.

Republic Act 10157 or the Kindergarten Education Act made Kindergarten the compulsory and
mandatory entry stage to basic education.

Section 2. Declaration of Policy

In consonance with the Millennium Development Goals on achieving Education for All (EFA) by
the year 2015, it is hereby declared the policy of the State to provide equal opportunities for all
children to avail of accessible mandatory and compulsory kindergarten education that effectively
promotes physical, social, intellectual, emotional and skills stimulation and values formation to
sufficiently prepare them for formal elementary schooling. This Act shall apply to elementary
school system being the first stage of compulsory and mandatory formal education. Thus,
kindergarten will now be an integral part of the basic education system of the country.

Kindergarten education is vital to the academic and technical development of the Filipino child for
it is the period when the young mind’s absorptive capacity for learning is at its sharpest. It is also
the policy of the State to make education learner-oriented and responsive to the needs, cognitive
and cultural capacity, the circumstances and diversity of learners, schools and communities
through the appropriate languages of teaching and learning.

34
Section 3. Definition of Terms
a. Kindergarten education shall be understood in this Act to mean one (1) year of preparatory
education for children at least five (5) years old as a prerequisite for Grade 1.
b. Mother tongue refers to the language first learned by a child.

Section 4. Institutionalization of Kindergarten Education

Kindergarten education is hereby institutionalized as part of basic education and for SY 2011-2012
shall be implemented partially, and thereafter, it shall be made mandatory and compulsory for
entrance to Grade 1.

Section 5. Medium of Instruction

The State shall hereby adopt the mother tongue-based multilingual education (MTB-MLE)
method. The mother tongue of the learner shall be the primary medium of instruction for teaching
and learning in the kindergarten level. However, exceptions shall be made to the following cases:
a. When the pupils in the kindergarten classroom have a different mother tongue or when some of
them speak another mother tongue;
b. When the teacher does not speak the mother tongue of the learners;
c. When resources, in line with the use of the mother tongue, are not yet available; and
d. When teachers are not yet trained on how to implement the MTB-MLE program.

Section. 7. Duties, Powers and Functions

The DepEd, through the Bureau of Elementary Education, shall exercise the following powers and
functions:
a. Oversee and supervise the organization, operation and implementation of the kindergarten
education program;
b. Develop and periodically review developmentally appropriate curriculum for kindergarten
education consistent with the universally accepted norms and standards, including values
formation, and use of Mother Tongue as a medium of instruction;
c. Develop teaching strategies using the unique features of the MTB-MLE which shall include, but
shall not be limited to, the following:
- The two-track method (storytelling and reading, listening story, oral communication
activities);
- Interactive strategies;
- Use of manipulative games; and
- Experiential, small group discussions and Total Physical Response (TPR) among others.

The learning development materials shall consist of the following at the minimum:
- Listening story. A story written by the teacher, in relation to the theme, that is read aloud
for story appreciation and understanding;
- Small books. Story books which provide opportunities for an individual child to look at
pictures, browse, and read independently, which are the crucial steps in a child’s journey to
early and lifelong literacy;
- Big books. Story books intended for group or shared reading with the teacher for teaching
children to focus or pay attention and enhance their listening and comprehension skills
while in a group;
- Experience story. A story written by the teacher based on the experiences of the children;

35
 - Primer lessons. Structured and frequency-based lessons using the mother tongue’s
orthography; and
- Lesson exemplars. Sample lessons in the mother tongue using the two-track method.
d. Conceive, develop and extend a continuing professional development program for kindergarten
teachers to ensure constant updating of their knowledge in current trends, pedagogy,
methodologies and concepts on kindergarten education;
e. Prescribe the necessary qualifications for the hiring and accreditation of teachers who will handle
the kindergarten classes;
f. Exercise authority over the operation of private kindergarten institutions;
g. Supervise the establishment of various venues for early childhood education specifically
kindergarten which may be institution-based, home-based, hospital-based or community-based,
and which shall be duly accredited by the DepEd; and
h. Introduce innovative programs in kindergarten that shall include educational technologies,
whenever applicable.

DepEd Order 32, s. 2012 contains the Implementing Rules and Regulations (IRR) of RA10157 and DepEd Order 47,
s. 2016 is the Omnibus Policy on Kindergarten Education.

Is Kindergarten a necessary level in one’s education? What benefits can it provide the young
learners?

Republic Act 10533 or the Enhanced Basic Education Act of 2013 paved the way for the
implementation of the K to 12 Basic Education Curriculum.

Section 2. Declaration of Policy

The State shall create a functional basic education system that will develop productive and
responsible citizens equipped with the essential competencies, skills and values for both life-long
learning and employment. In order to achieve this, the State shall:
(a) Give every student an opportunity to receive quality education that is globally competitive based
on a pedagogically sound curriculum that is at par with international standards;

36
b) Broaden the goals of high school education for college preparation, vocational and technical
career opportunities as well as creative arts, sports and entrepreneurial employment in a rapidly
changing and increasingly globalized environment; and
(c) Make education learner- oriented and responsive to the needs, cognitive and cultural capacity,
the circumstances and diversity of learners, schools and communities through the appropriate
languages of teaching and learning, including mother tongue as a learning resource.

Section 3. Basic Education

Basic education is intended to meet basic learning needs which provides the foundation on which
subsequent learning can be based. It encompasses kindergarten, elementary and secondary
education as well as alternative learning systems for out-of-school learners and those with special
needs.

Section 4. Enhanced Basic Education Program

The enhanced basic education program encompasses at least one (1) year of kindergarten
education, six (6) years of elementary education, and six (6) years of secondary education, in that
sequence. Secondary education includes four (4) years of junior high school and two (2) years of
senior high school education.

Kindergarten education shall mean one (1) year of preparatory education for children at least five
(5) years old as a prerequisite for Grade I.

Elementary education refers to the second stage of compulsory basic education which is composed
of six (6) years. The entrant age to this level is typically six (6) years old.

Secondary education refers to the third stage of compulsory basic education. It consists of four (4)
years of junior high school education and two (2) years of senior high school education. The
entrant age to the junior and senior high school levels are typically 12 and 16 years old,
respectively.

Basic education shall be delivered in languages understood by the learners as the language plays a
strategic role in shaping the formative years of learners.

For kindergarten and the first three years of elementary education, instruction, teaching materials,
and assessment shall be in the regional or native language of the learners. The DepEd shall
formulate a mother tongue language transition program from Grade 4 to Grade 6 so that Filipino
and English shall be gradually introduced as languages of instruction until such time when these
two languages can become the primary languages of instruction at the secondary level.
Section 5. Curriculum Development
The DepEd shall formulate the design and details of the enhanced basic education curriculum. It
shall work with the Commission on Higher Education (CHED) to craft harmonized basic and
tertiary curricula for the global competitiveness of Filipino graduates. To ensure college readiness
and to avoid remedial and duplication of basic education subjects, the DepEd shall coordinate with
CHED and TESDA.

To achieve an effective enhanced basic education curriculum, the DepEd shall undertake
consultations with other national government agencies and other stakeholders including, but not

37
limited to, the Department of Labor and Employment (DOLE), the Professional Regulation
Commission (PRC), the private and public schools associations, the national student organizations,
the national teacher organizations, the parents-teachers associations and the chambers of
commerce on matters affecting the concerned stakeholders.

The DepED shall adhere to the following standards and principles in developing the enhanced
basic education curriculum:
(a)The curriculum shall be learner- centered, inclusive and developmentally appropriate;
(b) The curriculum shall be relevant, responsive and research-based;
(c) The curriculum shall be culture-sensitive;
(d) The curriculum shall be contextualized and global;
(e) The curriculum shall use pedagogical approaches that are constructivist, inquiry-based,
reflective, collaborative and integrative;
(f) The curriculum shall adhere to the principles and framework of Mother Tongue-Based
Multilingual Education (MTB-MLE) which starts from where the learners are and from what
they already knew proceeding from the known to the unknown; instructional materials and
capable teachers to implement the MTB-MLE curriculum shall be available;
(g) The curriculum shall use the spiral progression approach to ensure mastery of knowledge and
skills after each level; and
(h) The curriculum shall be flexible enough to enable and allow schools to localize, indigenize and
enhance the same based on their respective educational and social contexts. The production
and development of locally produced teaching materials shall be encouraged and approval of
these materials shall devolve to the regional and division education units.

Section 6. Curriculum Consultative Committee

There shall be created a curriculum consultative committee chaired by the DepED Secretary or
his/her duly authorized representative and with members composed of, but not limited to, a
representative each from the CHED, the TESDA, the DOLE, the PRC, the Department of
Science and Technology (DOST), and a representative from the business chambers such as the
Information Technology – Business Process Outsourcing (IT-BPO) industry association. The
consultative committee shall oversee the review and evaluation on the implementation of the basic
education curriculum and may recommend to the DepEd the formulation of necessary
refinements in the curriculum.

Section 7. Teacher Education and Training

To ensure that the enhanced basic education program meets the demand for quality teachers and
school leaders, the DepED and the CHED, in collaboration with relevant partners in government,
academe, industry, and nongovernmental organizations, shall conduct teacher education and
training programs, as specified:
a. In-service training on content and pedagogy
b. Training of new teachers
c. Training of school leaders

Section 8. Hiring of Graduates of Science, Mathematics, Statistics, Engineering and Other

Specialists in Subjects with a Shortage of Qualified Applicants, Technical-Vocational Courses and
Higher Education Institution Faculty

38
Notwithstanding the provisions of Sections 26, 27 and 28 of Republic Act No. 7836, otherwise
known as the “Philippine Teachers Professionalization Act of 1994”, the DepEd and private
education institutions shall hire, as may be relevant to the particular subject:
(a) Graduates of science, mathematics, statistics, engineering, music and other degree courses with
shortages in qualified Licensure Examination for Teachers (LET) applicants to teach in their
specialized subjects in the elementary and secondary education. Qualified LET applicants shall
also include graduates admitted by foundations duly recognized for their expertise in the
education sector and who satisfactorily complete the requirements set by these organizations:
Provided, that they pass the LET within five (5) years after their date of hiring: Provided,
further, that if such graduates are willing to teach on part-time basis, the provisions of LET shall
no longer be required;
(b) Graduates of technical- vocational courses to teach in their specialized subjects in the secondary
education: Provided, that these graduates possess the necessary certification issued by the
TESDA: Provided, further, that they undergo appropriate in-service training to be administered
by the DepEd or higher education institutions (HEIs) at the expense of DepEd;
(c) Faculty of HEIs be allowed to teach in their general education or subject specialties in the
secondary education: Provided, that the faculty must be a holder of a relevant Bachelor’s
degree, and must have satisfactorily served as a full-time HEI faculty;
d) The DepEd and private education institutions may hire practitioners, with expertise in the
specialized learning areas offered by the Basic Education Curriculum, to teach in the secondary
level; Provided, that they teach on part- time basis only. For this purpose, the DepEd, in
coordination with the appropriate government agencies, shall determine the necessary
qualification standards in hiring these experts.

Section 9. Career Guidance and Counselling Advocacy

To properly guide the students in choosing the career tracks that they intend to pursue, the
DepED, in coordination with the DOLE, the TESDA and the CHED, shall regularly conduct
career advocacy activities for secondary level students. Notwithstanding the provisions of Section
27 of Republic Act No. 9258, otherwise known as the “Guidance and Counselling Act of 2004”,
career and employment guidance counsellors, who are not registered and licensed guidance
counsellors, shall be allowed to conduct career advocacy activities to secondary level students of
the school where they are currently employed; Provided, that they undergo a training program to
be developed or accredited by the DepEd.

Section 10. Expansion of E- GASTPE Beneficiaries

The benefits accorded by Republic Act No. 8545, or the “Expanded Government Assistance to
Students and Teachers in Private Education Act”, shall be extended to qualified students enrolled
under the enhanced basic education.
The DepEd shall engage the services of private education institutions and non-DepEd schools
offering senior high school through the programs under Republic Act No. 8545, and other
financial arrangements formulated by the DepEd and the Department of Budget and Management
(DBM) based on the principles of public-private partnership.

Section 11. Appropriations

The Secretary of Education shall include in the Department’s program the operationalization of
the enhanced basic education program, the initial funding of which shall be charged against the
current appropriations of the DepEd. Thereafter, the amount necessary for the continued

39
implementation of the enhanced basic education program shall be included in the annual General
Appropriations Act.

Section 12. Transitory Provisions

The DepEd, the CHED and the TESDA shall formulate the appropriate strategies and
mechanisms needed to ensure smooth transition from the existing ten (10) years basic education
cycle to the enhanced basic education (K to 12) cycle. The strategies may cover changes in physical
infrastructure, manpower, organizational and structural concerns, bridging models linking grade 10
competencies and the entry requirements of new tertiary curricula, and partnerships between the
government and other entities. Modeling for senior high school may be implemented in selected
schools to simulate the transition process and provide concrete data for the transition plan.

To manage the initial implementation of the enhanced basic education program and mitigate the
expected multi-year low enrolment turnout for HEIs and Technical Vocational Institutions (TVIs)
starting School Year 2016-2017, the DepED shall engage in partnerships with HEIs and TVIs for
the utilization of the latter’s human and physical resources. Moreover, the DepED, the CHED,
the TESDA, the TVIs and the HEIs shall coordinate closely with one another to implement
strategies that ensure the academic, physical, financial, and human resource capabilities of HEIs
and TVIs to provide educational and training services for graduates of the enhanced basic
education program to ensure that they are not adversely affected. The faculty of HEIs and TVIs
allowed to teach students of secondary education under Section 8 hereof, shall be given priority in
hiring for the duration of the transition period. For this purpose, the transition period shall be
provided for in the implementing rules and regulations (IRR).

Section 13. Joint Congressional Oversight Committee on the Enhanced Basic Educational
Program (K to 12 Program)
There is hereby created a Joint Oversight Committee to oversee, monitor and evaluate the
implementation of this Act. The Oversight Committee shall be composed of five (5) members
each from the Senate and from the House of Representatives, including Chairs of the Committees
on Education, Arts and Culture, and Finance of both Houses. The membership of the Committee
for every House shall have at least two opposition or minority members.

Section 14. Mandatory Evaluation and Review

By the end of School Year 2014-2015, the DepEd shall conduct a mandatory review and submit a
midterm report to Congress as to the status of implementation of the K to 12 program in terms of
closing the following current shortages: (a) teachers; (b) classrooms; (c) textbooks; (d) seats; (e)
toilets; and (f) other shortages that should be addressed.

The DepEd shall include among others, in this midterm report, the following key metrics of access
to and quality of basic education: (a) participation rate; (b) retention rate; (c) National Achievement
Test results; (d) completion rate; (e) teachers’ welfare and training profiles; (f) adequacy of funding
requirements; and (g) other learning facilities including, but not limited to, computer and science
laboratories, libraries and library hubs, and sports, music and arts.
DepEd Order 43, s. 2013 provides the IRR of RA10533 and DepEd Order 21, s. 2019 contains the Policy Guidelines
on the K to 12 Basic Education Program.

40
The additional information collated from the K to 12 Toolkit 2012 produced by SEAMEO and
INNOTECH, the DepEd website, and other write ups on K to 12 is presented here:
• The reform includes decongesting and enhancing the basic education curriculum for learners
to master basic competencies, lengthening the cycle of basic education to cover kindergarten
through year 12. Expanding the basic education by adding kindergarten and two years in high
school ensures that graduates earn the necessary skills and reach the employable age to qualify
entrance into the world of work, if they desire or need to do so. On the other hand, graduates
who opt to go to tertiary education are deemed better prepared for college study/work.
• The K to 12 Basic Education Curriculum will prepare students with life skills that they earn
while schooling. The curriculum will enable students to acquire Certificates of Competency
(COCs) and National Certifications (NCs) issued by the Technical Skills Development
Authority (TESDA). These NCs signify that K to 12 graduates have acquired middle level
skills and will have better opportunities for gainful employment. The additional years will also
ensure that K to 12 graduates are better prepared for college.

• Bases of the K to 12 Implementation

o Insufficient mastery of basic competencies due to congested curriculum
o The Philippines remains to be the only country in Asia with a 10-year basic education
curriculum.
o Bologna Accord and Washington Accord affect the practice of profession of Filipino
professionals abroad since they require 12 years of basic education before university
education.

• Outcome Goals of the K to 12 Basic Education Program

a. Philippine education standards to be at par with international standards
b. More emotionally mature graduates equipped with technical and/or vocational skills who
are better prepared for work, middle level skills development and higher education
c. Significantly addressed shortages or gaps in educational inputs (teacher items, school head
items, classrooms, instructional materials)
d. Broadened and strengthened stakeholders’ support in the improvement of basic education
outcomes

41
 e. Improved internal efficiency
f. Improved system of governance in the Department
g. Improved quality of teachers

• Process Goals of the K to 12 Basic Education Program

a. Decongest and reform the basic education curriculum in coordination with CHED,
TESDA and other education stakeholders
b. Develop culture-sensitive, culture-responsive and developmentally appropriate print/non-
print online learning resources for K to 12
c. Conduct in-service training for teachers relative to the implementation of the K to 12
curriculum
d. Focus on integrated instruction to equip learners with skills for future employment, critical
and creative thinking and life skills
e. Universalize kindergarten by 2012
f. Institutionalize school-based management for school empowerment
g. Institute reform in assessment framework and practice for a learner-centered basic
education
h. Address basic input shortages in classrooms, teachers and textbooks
i. Promote good education governance in the entire DepEd
j. Pursue legislation to institutionalize K to 12 Basic Education Program
k. Formulate transition management plan for the K to 12 implementation by including
modelling per region per specialization
l. Identify K to 12 model schools per region and per specialization tracks that will model
senior high school by SY 2012-2013

• Goals of the K to 12 Curriculum

o After going through Kindergarten, the enhanced Elementary and Junior High curriculum,
and a specialized Senior High program, every K to 12 graduate will be ready to go into
different paths – may it be further education, employment, or entrepreneurship.
o Every graduate will be equipped with 21st century skills as follows:
1. Learning and Innovation skills (1.1 Creativity and curiosity 1.2 Critical thinking,
problem solving, and risk-taking 1.3 Adaptability, managing complexity and self-
direction 1.4 Higher-order thinking and sound reasoning)
2. Information, media, and technology skills (2.1 Visual and information literacies
2.2 Media literacy 2.3 Basic, scientific, economic, and technological literacies
2.4 Multicultural literacy and global awareness)
3. Effective Communication Skills (3.1 Teaming, collaboration and interpersonal skills
3.2 Personal, social, and civic responsibility 3.3 Interactive communication)
4. Life and Career Skills (4.1 Flexibility and adaptability 4.2 Initiative and self-direction
4.3 Social and cross-cultural skills 4.4 Productivity and accountability 4.5 Leadership
and responsibility)

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• The K to 12 Basic Education Curriculum is anchored on the principles of:
a. inclusive education
b. learners’ growth and development
c. teaching and learning
d. assessment

• Features of the K to 12 Program

a. Strengthening early childhood education (universal kindergarten)
b. Making the curriculum relevant to learners (contextualization and enhancements)
c. Building proficiency (Mother tongue-based multilingual education, MTBMLE)
d. Ensuring integrated and seamless learning (spiral progression)
e. Gearing up for the future
f. Nurturing the holistically developed Filipino (college and livelihood readiness, 21st century
skills)

• Features of the K to 12 Curriculum

a. Decongested - focuses on understanding for mastery and has removed the unnecessarily
repeated competencies
b. Seamless - ensures smooth transition between grade levels and continuum of competencies
through spiral progression where learning of knowledge, skills, values, and attitudes
increases in depth and breadth; there is also continuity of competencies and standards
from elementary to secondary level through a unified curriculum framework; the unified
standards and competencies ensures integration of what learners learn across grade levels
and across learning areas for a more meaningful learning
c. Relevant and responsive - centers on the Filipino learner; it is developmentally appropriate
(age appropriate) and focuses on succeeding in the 21st century; moreover, the curriculum
responds to the needs of the community (an agricultural town may offer agricultural
elective courses; a coastal area, fishery elective courses; an urban area, industrial arts);
learning will be systematically matched with labor market requirements
d. Enriched - uses integrative, inquiry-based and constructive approaches to develop the
competencies of learners
e. Learner-centered - focuses on the optimum development of the Filipino child.

• Curricular Content
o Kindergarten: Central to the kindergarten curriculum is the child who is envisioned to be
prepared for life. It is anchored on the developmental practices and leading early
childhood education principles and approaches. There are no formal subjects in
kindergarten. Instead, there are six developmental domains, namely:
a. character/values development
b. physical health and motor development
c. social and emotional development
d. cognitive/intellectual development
e. creative/aesthetic development
f. language literacy and communication

43
 o Grades 1 to 10: Mother Tongue (Grades 1, 2, 3), Filipino, English, Mathematics, Science,
Araling Panlipunan, Edukasyon sa Pagpapakatao (EsP), Music, Arts, PE and Health
(MAPEH), Edukasyong Pantahanan at Pangkabuhayan (EPP)/ Technology and Livelihood
Education (TLE) (Agro-fishery arts, home economics, information and communication
technology, industrial arts)
o Senior High School:
- Core Curriculum subjects: 15 subjects (Oral Communication, Reading and Writing,
Komunikasyon at Pananaliksik sa Wika at Kulturang Filipino, Pagbasa at Pagsusuri ng
Iba’t Ibang Teksto Tungo sa Pananaliksik, 21st Century Literature from the Philippines
and the World, Contemporary Philippine Arts from the Regions, Media and
Information Literacy, General Mathematics, Statistics and Probability, Earth and Life
Sciences/Earth Science for STEM, Physical Science/Disaster Readiness and Risk
Reduction for STEM, Personal Development, Understanding Society and Culture,
Introduction to Philosophy of the Human Person, PE and Health);
- Applied Track subjects: 7 subjects (English for Academic and Professional Purposes,
Practical Research 1 (Quantitative Research), Practical Research 2 (Qualitative
Research), Filipino sa Tanging/Piling Larangan, Empowerment Technologies,
Entrepreneurship, Inquiries/ Investigations/Immersion);
- Specialized subjects: 9 subjects for the academic track (STRANDS: STEM, HUMSS,
ABM, GAS, Pre-baccalaureate Maritime), sports track, arts and design track; and 640
hours for tech-voc track.

Can the K to 12 curriculum really prepare the students for further education, employment or
entrepreneurship?

44
For tertiary education, the aims for the different programs are provided in the policies, standards
and guidelines (PSGs) released by the Commission on Higher Education (CHED) as CHED
Memorandum Order (CMO).

The teacher education curricula are embodied in the following:

CMO 74, s. 2017 Bachelor of Elementary Education
CMO 75, s. 2017 Bachelor of Secondary Education
CMO 76, s. 2017 Bachelor of Early Childhood Education
CMO 77, s. 2017 Bachelor of Special Needs Education
CMO 78, s. 2017 Bachelor of Technology and Livelihood Education
CMO 79, s. 2017 Bachelor of Technical-Vocational Teacher Education
CMO 80, s. 2017 Bachelor of Physical Education

In terms of the General Education Curriculum (GEC), CMO 20, s. 2013 provided for the
reduction of the courses to a minimum of 36 units (from the original 63 units), distributed as
follows: 24 units of core courses, 9 units of elective courses, and 3 units on the life and works of
Rizal (as mandated by law). It aims to develop the following competencies-based outcomes:
intellectual competencies, personal and civic responsibilities, and practical skills.

Can the teacher education curriculum develop in the students the needed competencies required
in their future profession?

45
 XPLORATION/ LABORATION

After the presentation of the varied information about the legal foundations of education on the
country, do you think that your foundation is now strong to withstand the various challenges that
will come your way as a teacher?

Let us explore some more.

A. Questions for reflection

What did each law contribute to the development of the Philippine educational system?
How did the 3 Constitutions of the country differ in their provisions pertaining to education?
Why is BP Blg. 232 considered as the Education Act of 1982? What is its importance as a
law?
How are the laws pertaining to the management and supervision of the basic education, tertiary
education, and technical-vocational education shape the kind of programs that they offer to the
Filipino people?
Why is it important for you to learn the laws pertaining to the curriculum offered in our
schools?

B. Self-paced reading:
Try to check the book “The Nation’s Journey to Greatness” by Mona Valisno, former
Education Secretary, and see how the laws presented in this module affected the way the
former presidents of the Philippines managed the educational system.

46
 PPLICATION

In this part, your knowledge and understanding about the information presented will be tested.

In your SB, create an infographic about the legal foundations of education in the country which
can be used by ordinary people to understand the legal bases of our educational system and
practices.

47
 REFERENCES
https://www.officialgazette.gov.ph/constitutions/the-1935-constitution/
https://www.officialgazette.gov.ph/constitutions/1973-constitution-of-the-republic-of-the-philippines-
2/
https://www.officialgazette.gov.ph/constitutions/1987-constitution/
https://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.html
https://ched.gov.ph/wp-content/uploads/2017/07/Manual-of-Regulations-for-Private-Higher-
Education.pdf
https://www.deped.gov.ph/wp-content/uploads/2010/06/DO-No.-88-s.-2010.pdf
https://lawphil.net/statutes/repacts/ra1968/ra_5447_1968.html
https://www.officialgazette.gov.ph/2001/08/11/republic-act-no-9155/
https://www.deped.gov.ph/wp-content/uploads/2003/01/DO_s2003_01.pdf
https://www.deped.gov.ph/about-deped/history/
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