Foundations of Education

Legal Bases of the Philippine Education System

Legal
 Deriving from or founded on law.
 Created by the constructions of the law.

Legal Bases of the Philippine Education System

 The laws which are the bases of the PES.

MAJOR LAWS WHICH STIPULATE THE

CURRENT PHILIPPINE EDUCATIONAL SYSTEM

1987 CONSTITUTION
ARTICLE XIV: Education, Science and Technology, Arts, Culture and Sports

 Quality education accessible to all. (Section 1)

 Complete, adequate, and integrated relevant education. (2.1.)

 Free public education in the elementary and high school level. (2.2.)

 Scholarship grants, loans, subsidies and other incentives to deserving students

in both private and public schools. (2.3.)

 Non-formal, formal, and indigenous learning systems. (2.4)

 Vocational training to adults, disabled and out of school youth. (2.5)

 Study of the constitution. (3.1)

 Study of values. (3.2.)

e.g. patriotism, 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, etc.

 Optional religious instruction in public schools. (3.3.)

 Supervision and regulation of all schools. (3.4.)

Pineda, Keith William P.

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Foundations of Education
Legal Bases of the Philippine Education System

 Control and administration of schools by Filipinos. (3.5)

 Exemption from taxes and duties. (3.6.)

 Academic freedom in institutions in higher learning. (5.2,3,4.)

 Assigning highest budget priority to education. (5.5.)

 National language is Filipino. (6.1.)

PRESIDENTIAL DECREE NO. 6 – A

EDUCATIONAL DEVELOPMENT DECREE OF 1972

 Goals of the Educational system. (2, a – c)

1. To achieve and maintain an accelerating rate of economic development and
social progress.
2. To assure of maximum participation of all the people in the attainment and
enjoyment of the benefits of such growth.
3. To strengthen national consciousness and promote desirable cultural values
in a changing world.

 Objectives of the Educational system. (3, a – d)

 Ten – year program to attain the objectives. (4, a – f)

 Educational projects to attain objectives. (5, a – g)

a. Management studies by the DEC.

b. Improvement of secondary schools which include services, facilities,
equipments and curriculum.
c. Upgrading and improvement of technical institutions, skill – training
centers and other non-training programs for the out of school youth and
the unemployed.
d. Curriculum and staff development including mathematics and science
teaching.
e. Expansion of agricultural secondary and higher education programs.
f. Textbooks and instructional materials.
g. Assistance and incentives.

Pineda, Keith William P.

2 MS – Mathematics Education
 Foundations of Education
Legal Bases of the Philippine Education System

 Working arrangements.
 Financing the whole educational system.

BATAS PAMBANSA BLG 232 – “EDUCATION ACT OF 1982”

Goals
1. Achieve and maintain an accelerating rate of economic development and social
progress;
2. Assure the maximum participation of all people in the attainment and
employment of such growth, and
3. Achieve and strengthen national unity and consciousness and preserve, develop
and promote desirable culture, moral, and spiritual values in a changing world.

Aims
1. Provide for a broad general education that will assist each individual in the
peculiar ecology of his own society, to:
1.1. attain his potentials as human beings;
1.2. enhance the range and quality of individual and group participation in the
basic functions of society, and
1.3. acquire essential educational foundations of his development into a
productive and versatile citizen.

2. Train the nation’s manpower in the middle – level skills required 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 nations through a
system educational planning and evaluation.

Rights and Duties of Parents in the Education of Children

1. Rights
1.1. Right to organize themselves and/or with teachers for the discussion
betterment of the school.
1.2. Right to access to any official record concerning the children who are under
their parental responsibility.

2. Duties

Pineda, Keith William P.

3 MS – Mathematics Education
 Foundations of Education
Legal Bases of the Philippine Education System

2.1. Duty to help carry out the educational objectives in accordance with national
goals.
2.2. Duty to enable their children to obtain elementary education and shall strive to
enable them to obtain secondary or higher education in the pursuance of the
right formation of the youth.
2.3. Duty to cooperate with the school in the implementation of the school
program.

Rights and Duties of Students

1. Rights

1.1. Right to receive, primarily through competent instruction, relevant quality

education in line with national development goals and conducive to their full
development as persons with human dignity.

1.2. Right to freely choose their field of study subject to existing course therein up
to graduation, except in cases of academic deficiency or disciplinary
regulations.

1.3. Right to school guidance and counselling services.

1.4. Right of access to his own school records, the confidentiality of which the
school shall maintain and preserve.

1.5. Right to the issuance of official certificates, diplomas, transcript of records,

grades, transfer credentials, and other similar documents within thirty days of
request.

1.6. Right to publish a school newspaper.

1.7. Right to free expression of opinions and suggestions and to effective

channels of communication.

1.8. Right to form, establish, and join organizations.

1.9. Right to be free from involuntary contributions, except those approve by their
own organizations or societies.

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 Foundations of Education
Legal Bases of the Philippine Education System

2. Duties

2.1. Duty to exert his utmost to develop his potentialities.

2.2. Duty to uphold the academic integrity of the school.

2.3. Duty to promote the peace and tranquillity of the school.

2.4. Duty to participate actively in civic affairs, and in the promotion of the general
welfare.

2.5. Duty to exert his rights responsibly.

EXECUTIVE ORDER NO. 117, s. 1987 (REORGANIZATION OF DECS)

The Department shall be responsible for the formulation, planning, implementation, and
coordination of policies, plans, programs and projects in the areas of formal and non –
formal education at all levels: elementary, secondary, higher, technical – vocational, non
– formal, sports and culture.

RA 7722: HIGHER EDUCATION ACT OF 1994

An act creating the Commission on Higher Education.

RA 7796: AN ACT CREATING THE TECHNICAL EDUCATION AND SKILLS

DEVELOPMENT AUTHORITY OF 1994

An act creating the Technical Education and Skills Development Authority.

RA 9155: AN ACT INSTITUTINGA FRAMEWORK OF GOVERNANCE FOR BASIC

EDUCATION, ESTABLISHING AUTHORITY AND ACCOUNTABILITY, RENAMING
THE DEPARTMENT OF EDUCATION, CULTURE AND SPORTS AS THE
DEPARTMENT OF EDUCATION AND FOR OTHER PURPOSES

 Authored by former senator Tessie Aquino – Oreta.

 DECS (Department of Education, Culture and Sports) was renamed DEPEd
(Department of Education).

Pineda, Keith William P.

5 MS – Mathematics Education
 Foundations of Education
Legal Bases of the Philippine Education System

 Governance of Basic Education starts at National level, but it is in the Regional,

Division, District and School level where the policies and principles are translated
into projects, programs, and services developed, offered to fit local needs.

RA 4670: MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS (1966)

COVERAGE: All public school teachers

ELIGIBILITY:

A. Elementary School Teachers

1. BEED Graduate
2. PBET/LET Passer

B. Secondary School Teachers

1. BSE/ BSEd Graduate/ Bachelor’s Degree
2. 18 units in major subject/ 18 units of professional education subject
3. PBET/LET Passer

Rights of Teachers

1. Right to be informed of the charges in writing.

2. Right to full access to the evidence in the case.
3. Right to defend himself and be defended by a representative of his choice.
4. Right to appeal to clearly designated authorities.
5. Right for a married couple, both of whom are school teachers, to be employed in the
same locality whenever possible.

Hours of Work and Remuneration

1. Enjoy academic freedom in the discharge of professional duties regarding teaching

and classroom methods.
2. Enjoy free physical exam and free medical treatment or hospitalization.
3. Salary scale – gradual progression from a minimum to a maximum salary by means
of regular increments, granted automatically every after three years.
4. Granting of cost of living allowance.
5. Additional compensation for service excess of 6 hours actual classroom teaching,
hardship allowance and automatic retirement promotion.

Pineda, Keith William P.

6 MS – Mathematics Education
 Foundations of Education
Legal Bases of the Philippine Education System

Leave and Retirement Benefits

1. Study leave (Sabbatical leave) – with pay equivalent to 60% of salary after seven
years of service.
2. Indefinite leave
3. Maternity leave with pay for 60 days.
4. Vacation leave with pay.
5. Enjoy one range salary raise upon retirement, which shall be the basis of the
retirement pay and the monthly benefits thereafter.

Teacher’s Organization

1. Freedom to organize.
2. Prohibition of discrimination against teachers.

PHILIPPINE EDUCATIONAL PRACTICES AND OTHER LEGAL

BASES OF EDUCATION

Act No. 74
January 1, 1901

 Laid the foundations of Philippine public school system and made English as the
language of instruction.
 Established in the Philippine Normal School and Trade school in Manila, and an
Agricultural school in Negros.

RA 476
June 18, 1949

 Converted the Philippine Normal School into a Teacher college and offered courses
leading to Bachelor of Science in Elementary Education and Master of Arts in
education.

RA 7168
December 26, 1991
 Converted the Philippine Normal School into a University.

RA 6655

Pineda, Keith William P.

7 MS – Mathematics Education
 Foundations of Education
Legal Bases of the Philippine Education System

 Also known as the Free Public Secondary Education Act of 1988.

 Public secondary schools were nationalized and they were reclassified by source of
funding and curriculum type.

DECS ORDER NO. 38, s. 1994

 NSAT is required for all senior high school students.

PD 603

 Required that every school division should organize special classes for children with
special needs.

RA 5250 (1966)

 Provided a ten – year teacher education program in Special education for the
teaching of the gifted, mentally – retarded and those with behaviour problems.
 Only two schools offered undergraduate in SPEd: UP COEd and CEU.

RA 7686

 Being paid in OJTs in private industries.

RA 7687

 Scholarship programs for careers in science and technology.

PD 1006
September 22, 1976

 Considered teachers as professionals and teaching promulgated as a profession.

 Teachers need to pass the PBET before they could teach, whether in private or
public school.

PD 146

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8 MS – Mathematics Education
 Foundations of Education
Legal Bases of the Philippine Education System

 Required all high school graduates seeking admissions to post – secondary degrees
necessitating a minimum of four years study to pass a national entrance
examination.

RA 7731

 Abolished the NCEE to give the marginalized sector greater access to college
education.

RA 7743

 Created the Center of Excellence in Teacher Education.

RA 7791

 Stretched the school year from 185 – 200 days.

RA 1265

 Made the observance of the flag ceremony compulsory,

RA 7836

 An act professionalizing the teaching profession.

 Established the Licensure Examinations for Teachers.

RA 10157

 Kindergarten Education Act

 Provides the inclusion of the Kindergarten level into the basic education program. It
is a must that children must undergo kinder before entering grade 1.

Senate Bill 3286: Enhanced Basic Education Act of 2012

 An addition of two years in the basic education.

Reference:

Foundations of Education 2 by Dr. Doris D. Tulio

Pineda, Keith William P.

9 MS – Mathematics Education