Professional Documents
Culture Documents
Legal Bases of Philippine Educational System
Legal Bases of Philippine Educational System
System
MAJOR LEGAL BASES
1. All educational institutions shall include the study of the Constitution as part of
the curricula.
2. They shall inculcate patriotism and nationalism, foster love of humanity, respect
for human rights, appreciation of the role of national heroes in the historical
development of the country, teach the rights and duties of citizenship, strengthen
ethical and spiritual values, develop moral character and personal discipline,
encourage critical and creative thinking, broaden scientific and technological
knowledge and promote efficiency.
3. At the option expressed in writing by the parent or guardians, religion shall be
allowed to be taught to their children or wards in the 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,
additional cost to the Government.
Section 4.
1. The state recognizes the complementary roles of the 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 allowed 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 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.
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.
BATAS PAMBANSA BLG. 232 (THE EDUCATION ACT OF 1982)
This was an act providing for the establishment and maintenance of an integrated
system of education. In accordance with Section 2, this act shall apply to and govern
both formal and non- formal system in public and private schools in all levels of the
entire educational system.
1. Act No. 74
This law was enacted on January 21, 1901 by the Philippine Commission, and provided:
This was known as the “Private School Law”, enacted on March 10, 1917 by the Philippine
Legislature, which made obligatory the recognition and inspection of private schools and
colleges by the Secretary of Public Instruction so as to maintain a standard of efficiency
in all private schools and colleges in the country.
This law was amended by Commonwealth Act No. 180 passed on November 13, 1936
which provided that:
The Secretary of Public Instruction was vested with power to “supervise, inspect and
regulate said schools and colleges in order to determine the efficiency of instruction
given in the same.”
And all private schools come under the supervision and regulation of the Secretary of
DPI, thus eliminating “diploma mills” and substandard schools.
Known as the “National Defense Act” passed by the Philippine Assembly on December
21, 1935, which provided in Section 81 that:
“Preparatory Military training shall be given with the youth in the elementary grade
school at the age of ten years and shall extend through the remainder of his schooling
into college or post-secondary education.
By virtue of Presidential Decree 1706, issued by the late President Marcos on August 8,
1980, otherwise known as the “National Service Law”, Commonwealth Act No. 1 was
amended, and required all citizens to render, civic welfare service, law enforcement
service and military service.
This law created the Office of Adult Education on October 26, 1936, so as to eliminate
illiteracy and to give vocational and citizenship training to adult citizens of the country.
Enacted on June 8, 1940, conferred the status of “persons in authority” upon the
teachers, professors, and persons charged with the supervision of public or duly
recognized private schools, colleges and universities.
This Act also provided a penalty of imprisonment ranging from six months and one day
to six years and a fine ranging from 500 to 1, 000 pesos upon any person found guilty of
assault upon those teaching personnel.
This is known as Education Act of 1940. It was approved on August 7, 1940 by the
Philippine Assembly.
This law, approved on August 19, 1940, established a school ritual in all public and
private elementary and secondary schools in the Philippines.
The ritual consists of solemn and patriotic ceremonies that include the singing of the
National Anthem and Patriotic Pledges.
8. Republic Act No. 139 (Repealed by R. A. 8047)
Enacted on June 14, 1947, and the Board of Textbooks. This law provided that all public
schools must only use books that are approved by the Board for a period of six years
from the date of their adoption.
The private schools may use books of their choice, provided the Board of Textbooks has
no objections with those books.
Enacted on June 20, 1953 and known as the Elementary Education Act of 1953, it
repealed Commonwealth Act 586 and provided for the following:
Approved on June 16, 1954, this law created the Board of National Education charged
with the duty of formulating general educational policies and directing the educational
interests of the nation.
However, this Board which was later renamed National Board of Education (P.D. No. 1),
was abolished bu virtue of the Creation of the board of Higher Education as stipulated in
Batas Pambansa Blg. 232. The Board’s function is now assumed by the commission on
Higher Education or CHED by virtue of Republic Act No. 7722.
This law was approved on June 11, 1955, and provided that a daily flag ceremony shall
be compulsory in all educational institutions. This includes the singing of the Philippine
National Anthem.
It was approved on June 12, 1956, it prescribed the inclusion in the curricula of all
schools, both public and private, from elementary schools to the universities, the life,
works and writings of Jose Rizal especially the Noli Me Tangere and El Filibusterismo.
13. Republic Act No. 4670
Known as the “Magna Carta for Public School Teachers”. This was approved on June 18,
1966 to promote and improve the social and economic status of public school teachers,
their living and working conditions, their employment and career prospects.
Approved on June 15, 1959, it provided that Civil Service eligibility shall be permanent
and shall have no time limit.
Known as the “Free Public Secondary Education Act of 1988”, it was approved on May
26, 1988 and provided for:
a. Free public secondary education to all qualified citizens and promote quality
education at all level.
b. No tuition or other fees shall be collected except fees related to membership in the
school community such I.D., student organization and publication.
c. Non- payment of these shall not hinder a student from enrollment or graduation.
d. Nationalization of all public secondary schools ( Section 7)
e. A student who fails in majority of his academic subjects for two consecutive years
could no longer avail of their program.