Study Guide in Prof.Ed.

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

Module No.2

Unit 2 – Historico-Legal Foundations of Education

MODULE OVERVIEW

The Decree of Education in 1863 established the first ever educational system in the Philippines. It
required the government to provide school institutions for boys and girls in every town. Given the
situation, the Spanish schools started accepting Filipino students. In ancient Philippines, children were
given the rudiments of education. Such education was both academic and vocation. The father trained
his sons to be warriors, hunters, fishermen, miners, lumbermen and ship builders. The mother on her
part trained her daughters in cooking, gardening, serving and other household arts.It is said that in
ancient Panay, there was a barangay school called Bothoan under the charge of the teacher usually an
old man. The subjects taught to the children in this barangay school were reading, writing, arithmetic,
use of weapons and lubus (acquiring kinaadman or amulets).

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

LEARNING OBJECTIVES

1. Explain historical and legal foundations of education.

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

LEARNING CONTENTS

A. Historical Foundations
1. Global
a. Ancient Period - In the ancient system of education, which primarily took place in gurukuls or
ashrams, the students were meant to observe strict discipline. They were meant to follow.
b. Middle/Medieval Period – it was often conducted by the Church. ... Very few girls, if any,
were educated at proper institutions, most girls were taught basic reading and writing at their own homes.
The students were taught seven liberal arts; Latin, grammar, rhetoric, logic, astronomy, philosophy and
mathematics.
c. Renaissance Period- the Humanists of the Renaissance created schools to teach their ideas and
wrote books all about education. ... Education during the Renaissance was mainly composed of ancient
literature and history, as it was thought that the classics provided moral instruction and an intensive
understanding of human behavior.

PANGASINAN STATE UNIVERSITY 1

Study Guide in Prof.Ed.101 - The Teaching Profession Module 2: Unit 2 –Historico-legal Foundations of Education

d. Modern/Contemporary Period- is the implementation of learning activities which draw upon

students' experiences, both in and out of the classroom, thus helping them to recognize that they are
developing specific skills which they perceive to be significant for the world outside of school. John
Amos Comenius is the Father of Modern Education

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

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

c. American Period - The period of American colonization of the Philippines lasted 48 years, from
cession of the Philippines to the U.S. by Spain in 1898 to U.S. recognition of Philippine independence
in 1946. After independence in 1946, many Americans chose to remain in the Philippines while
maintaining relations with relatives in the US. The students were given free school materials. There were
three levels of education during the American period. The "elementary" level consisted of four primary
years and 3 intermediate years. The "secondary" or high school level consisted of four years; and the
third was the "college" or tertiary level. The greatest achievement in the Philippine was the introduction
of the public school system.

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

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

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

PANGASINAN STATE UNIVERSITY 2

Study Guide in Prof.Ed.101 - The Teaching Profession Module 2: Unit 2 –Historico-legal Foundations of Education

Orders, and Ordinances from point of view of legislature.

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

8 Types of law for paralegals

1. Criminal law

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

2. Corporate law

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

3. International law

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

4. Commercial law

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

5. Family law

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

6. Constitutional law

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

7. Labor law

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

PANGASINAN STATE UNIVERSITY 3

Study Guide in Prof.Ed.101 - The Teaching Profession Module 2: Unit 2 –Historico-legal Foundations of Education

8. Intellectual property law

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

2. Sources of Philippine Educational Jurisprudence

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

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

c. Case Law or Jurisprudence – It is a legal system. The word jurisprudence derives from the Latin
term juris prudentia, which means "the study, knowledge, or science of law.".

d. Regulatory Laws - administrative law is also sometimes called regulatory law. Regulation is the act of
controlling, or a law, rule or order.

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

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

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

• The practice of submitting and voting on resolutions is a typical part of business in Congress, s
tate legislatures, and other public assemblies. These bodies use resolutions for two purposes. Fi
rst, resolutions express their consensus on matters of public policy: lawmakers routinely deliver
criticism or support on a broad range of social issues, legal rights, court opinions,and even dec
isions by the ExecutiveBranch. Second, they pass resolutions for internal, administrative purp
oses. Resolutions are not laws; they differ fundamentally in their purpose. However, under cert
ain circumstances resolutions can have the effect of law.

3. Legal Underpinnings Philippine Education

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

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

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

PANGASINAN STATE UNIVERSITY 4

 Study Guide in Prof.Ed.101 - The Teaching Profession Module 2: Unit 2 –Historico-legal Foundations of Education

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

LEARNING POINTS

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

PANGASINAN STATE UNIVERSITY 5

Study Guide in Prof.Ed.101 - The Teaching Profession Module 2: Unit 2 –Historico-legal Foundations of Education

LEARNING ACTIVITIES

Review Exercises

Name: _________________________________ Date: _________

Year & Section__________________________ Score: __________

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

1. Ancient Period and Middle/Medieval Period

2. Renaissance Period and Modern/Contemporary Period

PANGASINAN STATE UNIVERSITY 6

Study Guide in Prof.Ed.101 - The Teaching Profession Module 2: Unit 2 –Historico-legal Foundations of Education

Review Exercises

Name: _________________________________ Date: _________

Year & Section__________________________ Score: __________

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

__________________2. Education during this period was mainly composed of ancient literature
and history, as it was thought that the classics provided moral instruction and an intensive
understanding of human behavior.

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

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

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

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

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

__________________7. It oversees the relationship between employers and employees. Their goal
is to ensure that employees aren’t taken advantage of by corporations, which typically have more
bargaining power or resources than an individual employee.

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

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

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

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

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

PANGASINAN STATE UNIVERSITY 7

Study Guide in Prof.Ed.101 - The Teaching Profession Module 2: Unit 2 –Historico-legal Foundations of Education

REFERENCES

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

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

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

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

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

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

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

PANGASINAN STATE UNIVERSITY 8