Presented by:

Ma. Aiza S.P. Santos

THE CONSTITUTI

ON

Objectives:At the end of the report, we will be able to: identify Constitutional provisions that serve

as basis or foundation of Philippine Educational system; and

cite examples or evidences of implication of these Constitutional provisions in our current educational setting.

THE FIRST DUTY OF A GOVERNMENT IS TO GIVE

EDUCATION TO THE PEOPLE.

- Simõn Bolivar

Education and the State• In a democratic state like the Philippines, it is

essential that the citizens are literate, socially responsible, useful and law-abiding.

• A very significant factor in education in our country is the assignment of the ultimate responsibility for the education of the citizens to the government.

A Glimpse at History…What are the Constitutional provisions on

education in the previous

Constitutions?

Spanish PeriodThe Malolos Constitution of 1899

• Declared that the Philippines was a free state

• Creation of the Council of Government• One the seven Cabinet Positions

created was Public Education (Art. IX, Sec. 73)

PHILIPPINE CONSTITUTION OF 1935

• Reaffirmed the existence of Public Educational Department as legal (Art. VII, Sec. 11, Sub-sec. 1)

• Provide aid and support to parents in rearing the youth for civil efficiency (Art. II, Sec. 4)

• Exemption from taxation of buildings and improvements used exclusively for educational purposes (Art. VI, Sec. 22, Sub-sec. 3)

Philippine Constitution of 1973 Article II, Sections 4-7

• Focused on strengthening the family as a social institution; recognizing the vital role of the youth in nation-building and promoting their physical, intellectual, social, moral and spiritual well-being; and establishing, maintaining and ensuring adequate social services in education.

Article XV, Sec. 8-11• “complete, adequate, and integrated system of

education relevant to the goals of national development”

THE 1987 CONSTITUTION

The Constitution of the Philippines• The Constitution provides what the

nature of educational system in the Philippines shall be.

• The educational system as envisioned in the Constitution is a system that is national in scope with public and private schools as subsystems.

Constitutional Basis of Philippine Education

•There are three Articles in the Philippine Constitution of 1987 that deals, directly or indirectly, with the educational system in the Philippines. These are:

Article II- Declared Policies of the StateArticle XIV- Education, Science and Technology, Arts, Culture, and Sports

Article XV- Provisions for the Family and Filipino Children

ARTICLE II, SECTIONS 11, 12, 13,and 17• The State declares that:

     1.  it values the dignity of every human person and guarantees full respect for  human rights; 2.  it shall strengthen the family as a basic, self- governing social unit and protect the life of the mother and the life of the unborn from conception;     3.  it shall provide support to parents in the rearing of their children for civic efficiency and the development of moral character;    

ARTICLE II, SECTIONS 11, 12, 13,and 17• The State declares that: (cont.)

     4.  it recognizes the vital role of the youth in the country's development;     5.  it shall promote and protect the physical, moral, spiritual, intellectual and social well-being of the youth;     6.  it makes education, science and technology, arts, culture and sports a priority of the State.

 With these declared policies, the State is mandated to provide a system of education for the Filipino children and the youth.

 What kind of education is

envisioned in the Constitution?

The kind of education that is envisioned in the Constitution is "quality education,"  a "complete, adequate, and integrated system of education relevant to the needs of the people and society,"  and the State must ensure that all citizens can access this envisioned system of education.

To achieve these goals, the Constitution provides the following legal bases under

ARTICLE XIVEDUCATION, SCIENCE AND

TECHNOLOGY, ARTS, CULTURE AND SPORTS

ARTICLE XIV EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS

Section 1The State shall protect and

promote the right of all citizens to quality education at all levels, and shall take appropriate steps to make such education accessible to all.

Complete, adequate, and integrated system of education relevant to the needs of the society (2.1)

Free public education in the elementary and high school without limiting the natural right and duty of the parents to rear their children for civic efficiency and development of moral

character. Elementary education is compulsory for all children of school age. (2.2)

Section 2 stipulates the following:

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 as well as self-learning, independent, and out-of-school study programs, especially those that respond to community needs (2.4); and

Civic, vocational and other skills training for adults, disabled citizens, and out- of -school youth (2.5)

Section 2 stipulates the following: (cont.)

Section 3- General Curricular Provision

All educational institutions shall include the study of the Constitution as part of the curricula (3.1).

Inculcation of values (3.2).PatriotismNationalism

Love of humanityRespect of human rights

Appreciation of the role of the national heroes Strengthen ethical and spiritual valuesMoral character and personal discipline

Critical and creative thinkingScientific and technological knowledge

Vocational efficiency

Optional religious instruction in public schools (3.3)

Section 3- General Curricular Provision

Section 4- Supervision and Regulation of Schools• The State recognizes the complementary roles of public and

private institutions in the educational system and shall exercise reasonable supervision and regulation of all educational institutions (4.1).

• Educational institutions, other than those established by religious groups and mission boards, shall be owned solely by citizens of the Philippines or corporations or associations of which at least sixty percent of the capital is owned by such citizen (4.2a)

Section 4- Supervision and Regulation of Schools• The control and administration of educational institutions shall

be vested in citizens of the Philippines. (4.2b)• No educational institution shall be established exclusively for

aliens and no group of aliens shall comprise more than one-third of the enrollment in any school. The provisions of this subsection shall not apply to schools established for foreign diplomatic personnel and their dependents and, unless otherwise provided by law, for other foreign temporary residents. (4.2c)

Section 4- Supervision and Regulation of Schools• All revenues and assets of non- stock, non- profit educational

institutions used actually, directly and exclusively for educational purposes shall be exempt from taxes and duties. Proprietary educational institutions, including those cooperatively owned, may likewise be entitled to such exemptions subject to the limitations provided by law including restrictions on dividends and provisions for reinvestment. (4.3)

• Subject to conditions prescribed by law, all grants endowments, donations or contributions used actually, directly and exclusively for educational purposes shall

be exempt from tax. (4.4)

Section 5 states the following provisions:• Take into account regional and sectoral needs and conditions;

encourage local planning in the development of educational policies and programs. (5.1)

• Academic freedom shall be enjoyed in all institutions of higher learning. (5.2)

• Every citizen has a right to select a profession or course of study, subject to fair, reasonable and equitable admission and academic requirements. (5.3)

Section 5 states the following provisions:• Enhance the right of teachers to professional advancement.

Non- teaching academic and non-academic personnel shall enjoy the protection of the State.

• The State shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment.

LANGUAGE (Sec. 6-9)Filipino is the national language of the state and

subject to provisions of law and as the Congress may deem appropriate, the Government shall take steps to initiate and sustain the use of Filipino as the medium of communication and language of instruction in the educational system (Sec. 6).

For purposes of communication and instruction, the official languages of the Philippines are Filipino, and, until otherwise provided by law, English;

Regional languages are auxiliary official languages and shall serve as auxiliary media of instruction therein. (Sec. 7)

SCIENCE AND TECHNOLOGY• The State shall give priority to research and development,

invention, innovation, and their utilization; and to science and technology education, training, and services. It shall support indigenous, appropriate, and self-reliant scientific and technological capabilities, and their application to the country’s productive systems and national life. (Sec. 10)

• Scholarships, grants-in-aid, or other forms of incentives shall be provided to deserving science students, researchers, scientists, inventors, technologists, and specially gifted citizens. (Sec. 11)

SCIENCE AND TECHNOLOGY

• The State shall protect and secure the exclusive rights of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as may be provided by law. (Sec. 13)

ARTS AND CULTURE• preserve and enrich the Filipino national culture based

on the principles of unity in diversity and free expression; (Sec. 14)

• designates the State as patron of the arts and letters. The State shall conserve, promote, and popularize the nation’s historical and cultural heritage and resources, as well as artistic creations; (Sec. 15)

• Protect the country’s artistic and historic wealth (Sec. 16)

• protect the rights of indigenous cultural communities and to use these rights as inputs for national plans and policies (Sec. 17)

• requires the State to support researches and studies on the arts and culture; (Sec. 18)

SPORTS (Sec. 19)• promote physical education and sports programs in

order to instill self-discipline and foster teamwork and excellence for the development of a healthy and alert citizenry. (Sec. 19.1)

• All educational institutions shall undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors. (Sec. 19.2)

Article XV - Provisions for the Family and Filipino Children

In addition to all of these, the State is also mandated to protect and defend the "right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development"  as well as the "right of families or family associations to participate in the planning and implementation of policies and programs that affect them“ (Article XV, Section 3, Sub-sections 3 and 4).

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