Historico -Legal Foundations of Education Justice, Morality, Reason, Order, and Righteous from the view point of the
ce, Morality, Reason, Order, and Righteous from the view point of the society. Law means Statutes,
A. Historical Foundations
1. Global
1.1 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.
1.2 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.
1.3 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
1.4 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
Comeniusis the Father of Modern Education.
2. Local
2.1 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.
2.2 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.
2.3 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.
2.4 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.
B.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
Acts, Rules, Regulations, 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- 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.
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.
B.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, state legislatures, and other public
assemblies. These bodies use resolutions for two purposes. First, resolutions express their consensus on
matters of public policy: lawmakers routinely deliver criticism or supp ort on a broad range of social
issues, legal rights, court opinions, and even decisions by the Executive Branch . Second, they pass
resolutions for internal, administrative purposes. Resolutions are not laws; they differ fundamentally in
their purpose. However, under certain circumstances resolutions can have the effect of law
B.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.
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.

HAMOC, FORREST ANGEL, D.

BSED-ENGLISH2