EM 601-Educational Legislations

Batas Pambansa Blg. 232

(Education Act of 1982)
Section 12
Section 13

By: Robert S. Balicat

 Section 12:
Special Rights of School
Administrators
• School administrators shall, in
accordance with existing laws,
regulations and policies, be
accorded sufficient
administrative discretion
necessary for the efficient and
effective performance of their
functions.
 Section 12:
Special Rights of School
Administrators
 Section 12:
Special Rights of School
Administrators
• -Adoption of Student Handbook
• -Adoption of Faculty Manual
 Section 12:
Special Rights of School
Administrators
 Section 12:
Special Rights of School
Administrators
As stated in Article 152 of the RPC,
a "Person in Authority" is any person
directly vested with jurisdiction, whether
as an individual or as a member of some
court or government corporation, board,
or commission, including barangay
captains.
 Section 12:
Special Rights of School
Administrators
• Persons in Authority –
It is originally conceived that law
did not consider teachers as persons in
authority. This concept was held in the
landmark case: People of the Philippines
vs Ricardo Mendoza.
 Section 12:
Special Rights of School
Administrators
• Persons in Authority –
With the passage of Commonwealth
Act No. 578, on June 8, 1940, which
amended Article 152 of the Revised Penal
Code, this picture completely changed.
 Section 13:
Rights of Schools
In addition to other rights provided for by
law, schools shall enjoy the following:
1) The right of their governing
boards or lawful authorities to provide
for the proper governance of the
school and to adopt and enforce
administrative or management
systems.
 Section 13:
Rights of Schools
2) The right of institutions of higher
learning to determine on academic
grounds who shall be admitted to
study, who may teach and what shall
be subjects of the study and research.
 Section 13:
Rights of Schools
“Academic Freedom shall be enjoyed
in all institutions of higher learning.”

Article XIV, Section 5(2), 1987

Philippine Constitution
 Section 13:
Rights of Schools
What is academic freedom for higher
educational institutions?
 Section 13:
Rights of Schools
“ right to refuse admittance to its
students”
Section 13:
Section 13:
Section 13:
 Section 13:
Rights of Schools
“ right to choose its students”
Section 13:
Section 13: