HISTORICAL-LEGAL
the development of moral character and included
FOUNDATIONS OF EDUCATION
A. Historical Foundations
1. GLOBAL
Ancient Period - In the ancient system of
education, which primarily took place in gurukuls
or ashrams, the students were meant to observe
strict discipline.
-PRIMITIVE EDUCATION-
- The purpose of primitive education was to
guide children to become good members of their
tribe or band.
- There was often little formal learning in
primitive cultures. Instead, the entire environment
and all activities were frequently viewed as school
and classes, and many or all adults acted as
teachers.
- The focus was on practical skills such as
feeding, clothing, sheltering, and protecting oneself
and those dependent on them.
Education in Ancient Civilizations - In ancient
civilizations such as Egypt, Mesopotamia, and
North China, formal education was practical and
aimed to train scribes and priests. It was extended
from basic reading, writing, and religion to higher
learning in law, medicine, and astrology. Generally,
youth of the upper classes were prepared to become
scribes and officials.
- In ancient Greece, education was focused
on the development of the individual and included
physical education, music, and the arts, as well as
intellectual pursuits such as mathematics, and
science, and philosophy. Education was seen as a
means to develop citizens who could participate in
the democratic process.
- In ancient India, education was closely tied
to religion and included the study of the Vedas, the
Upanishads, and other sacred texts. Education was
seen as a means to achieve spiritual enlightenment
and liberation.
-In ancient China, education was focused on
the study of Confucianism, Taoism, and other
philosophical traditions. Education was seen as a
means to develop individuals who could serve the
state and society.
Middle/Medieval Period - The medieval
concept of education is centered on spiritual,
intellectual, political, and economic development.
Much of the period is marked by the influence of
Christianity and many of the philosophers of the
period were greatly concerned with proving the
existence of God and reconciling Christianity with
classical philosophy. The historical-legal foundation
of education has evolved over time, with significant
developments during the Renaissance and in the
modern/contemporary era.
Renaissance Period - During the
Renaissance period (14th to 17th century), there
was a resurgence of interest in classical learning and
the arts. This era marked a shift from medieval
scholasticism to humanism, emphasizing the
importance of individual education and critical
thinking. Humanist scholars like Erasmus advocated
for broader access to education, and the printing
press made books more accessible. This period laid
the intellectual groundwork for modern education
systems.
Modern/Contemporary - In the modern
era, the concept of education as a fundamental right
gained prominence. This period includes various
legal and educational milestones:
Age of Enlightenment: Philosophers like
John Locke and Jean-Jacques Rousseau contributed
to the idea of education as a means to promote
individual liberty and social progress. This era laid
the philosophical foundation for modern education.
Industrial Revolution - The 19th century
saw the emergence of mass education systems to
meet the demands of industrialization. Compulsory
education laws were enacted in many countries to
ensure that children received a basic education.
Universal Declaration of Human Rights
(1948): Article 26 of this declaration recognizes
education as a fundamental right and calls for free
and compulsory primary education.
Education Acts and Reforms - Various
countries have passed education acts and reforms to
define educational rights, standards, and funding.
For example, the Elementary and Secondary
Education Act (ESEA) in the United States and the
Education Act in the United Kingdom.
Global Initiatives - Organizations like
UNESCO (United Nations Educational, Scientific
and Cultural Organization) have played a vital role
in promoting global education goals. Initiatives like
the Millennium Development Goals (MDGs) and
Sustainable Development Goals (SDGs) highlight
the importance of education for global
development.
These historical and legal foundations have
shaped the current global education landscape,
emphasizing access, equity, and the importance of
education as a means to foster individual
development and societal progress.
2. LOCAL
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). In most
communities, stories, songs, poetry, dances,
medicinal practices, and advice regarding all sorts
of community life issues were passed from
generation to generation mostly through oral
tradition. Some communities utilized a writing
system known as baybayin, whose use was wide
and varied, though there are other syllabaries used
throughout the archipelago.
Spanish Period - During the early years of
Spanish colonization, education was mostly religion
oriented and controlled by the Roman Catholic
Church. Spanish friars and missionaries educated
the natives through religion with the aim of
converting indigenous populations to the Catholic
faith.
American Period - 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. Religion was not
part of the curriculum of the schools.
Post-Colonial Period - Education in the
Philippines during the post-colonial period
underwent significant changes, with the country's
educational system constantly undergoing reform.
After independence, the Philippine Education
System was patterned to the educational systems of
Spain and the United States. The government
recently underwent a major overhaul of its
education system, extending basic education from
10 to 13 years to improve the quality of education
and make graduates more competitive in the job
market. Education aimed at full realization of the
democratic ideals and way of life. Curricular
offerings in all schools, The Life and Works of
Rizal shall be included in all levels.
B. Legal Foundations
1. WHAT IS LAW?
Law - Law is the system of rules that a
particular country or community recognizes as
regulating the actions of its members and which it
may enforce by the imposition of penalties.
Regarding the nature of Law, it is an
instrument that regulates human
conduct/behavior. Law means Justice, Morality,
Reason, Order, and Righteous from the
viewpoint of society. Law means Statutes,
Acts, Rules, Regulations, Orders, and
ordinances from the point of view of the legislature
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
2. Corporate Law
3. International Law
4. Commercial Law
5. Family Law
6. Constitutional Law
7. Labor Law
8. Intellectual Property Law
2. Sources of Philippine Educational
Jurisprudence
Constitution - the fundamental and supreme law of
the land.
Statutes - a law enacted by the legislative branch of
a government see also code, statutory law.
Case Law or Jurisprudence - jurisprudence is the
body of case law on a particular topic. A case is a
decision rendered by a judge or justice of the peace
after hearing all of the sides to a dispute.
Regulatory Laws - deals with procedures
established by federal, state, and local
administrative agencies, as opposed to laws created
by the legislature (statutory laws) or by court
decisions (case law).
Ordinance - it is an authoritative order or a rule or
law enacted by the local government.
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
Resolutions - the act of resolving something or
an answer or solution to something.
3. Legal Underpinnings Philippine
Education
Educational Structure - Education in the
Philippines is offered through formal and
non-formal systems. Formal education typically
spans 14 years and is structured in a 6+4+4 system:
6 years of primary school education, 4 years of
secondary school education, and 4 years of higher
education, leading to a bachelor’s degree. This is
one of the shortest terms of formal education in the
world.
Educational Policies - a set of principles,
guidelines, and strategies formulated by
governments or educational institutions to regulate
and improve the education system. These policies
encompass various aspects of education, including
curriculum development, teacher training, school
funding, assessment methods, and access to
education. They are designed to address issues such
as quality, equity, and access to education, and can
vary widely from one region or country to another.
Educational policies play a significant role in
shaping the structure and outcomes of educational
systems, aiming to meet the evolving needs of
students and society.
Curriculum and Instruction - is a field within
education that pursues research, develops, and
implements curriculum changes that increase
student achievement within and outside schools.
The field focuses on how students learn and the best
ways to educate