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La Carlota City College

City of La Carlota
Graduate School

Legal Bases of
Education in the
Philippines
Comprehensive Examination
Review
December 27, 2014

Legal Bases of
Education in the
Philippines

Legal
D eriving from or founded on law.
Created by the constructions ofthe
law.

LegalB ases of the Philippine


Education System
The law s w hich are the bases of
the PES.

MAJOR LAWS WHICH STIPULATE THE


CURRENT PHILIPPINE EDUCATIONAL
SYSTEM

1987 CO N STITU TIO N


A RTICLE X IV: Education,
Science and Technology, A rts,
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.)
Control and administration of
schools by Filipinos. (3.5)
Academic freedom in institutions in
higher learning. (5.2,3,4.)
Assigning highest budget priority to
education. (5.5.)
National Language is Filipino
Science & Technology are essential
for national development.

PRESIDENTIAL
DECREE NO. 6 A
EDUCATIONAL
DEVELOPMENT
DECREE OF 1972

Goals of the Educational System.


(2, a c)
-To achieve and maintain an accelerating rate
of economic development and social progress.
-To assure of maximum participation of all the
people in the attainment and enjoyment of
the benefits of such growth.
-To strengthen national consciousness and
promote desirable cultural values
-Objectives of the Educational system. (3, a
d)
-Ten year program to attain the objectives.
(4, a in a changing world.

Educational Projects to Attain


Objectives. (5, a g)
-Management

studies by the DEC.


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

Working arrangements.

Financing the whole educational system.

BATAS PAMBANSA BLG 232

(EDUCATION ACT OF
1982)

Goals

Achieve and maintain an accelerating rate of economic development and social

progress;

Assure the maximum participation of all people in the attainment and

employment of such growth, and

Achieve and strengthen national unity and consciousness and preserve,

develop and promote desirable culture, moral, and spiritual values in a


changing world.
Aims
Provide for a broad general education that will assist each individual in the

peculiar ecology of his own society


Train the nations manpower in the middle level skills required for national

development.
Develop the profession that will provide leadership for the nation in the

advancement of knowledge for improving the quality of human life, and


Respond effectively to changing needs and conditions of the nations through a

system educational planning and evaluation.

R ights and D uties of


Parents in the Education of
C hildren
Rights
Right to organize themselves and/or with teachers for the

discussion betterment of the school.


Right to access to any official record concerning the children
who are under their parental responsibility.

Duties

Duty to help carry out the educational objectives in accordance

with national goals.


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.
Duty to cooperate with the school in the implementation of the
school program.

R ights and D uties of Students


Rights

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.
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.
Right to school guidance and
counselling services.
Right of access to his own school

Right to the issuance of official certificates,


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

Right to publish a school newspaper.

Right to free expression of opinions and


suggestions and to effective channels of
communication.

Right to form, establish, and join organizations.

Right to be free from involuntary contributions,


except those approve by their own organizations
or societies.

Duties
Duty to exert his utmost to develop his
potentialities.
Duty to uphold the academic integrity
of the school.
Duty to promote the peace and
tranquillity of the school.
Duty to participate actively in civic
affairs, and in the promotion of the
general welfare.
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

RA 7722
HIGHER EDUCATIONACT 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

R A 9155:
A N A C T IN S TITU TIN G A FR A M EW O R K O F
G O V ER N A N C E FO R B A S IC ED U C ATIO N ,
ES TA B LIS H IN G A U TH O R ITY A N D
A C C O U N TA B ILITY,R EN A M IN G TH E D EPA R TM EN T O F
ED U C ATIO N , C U LTU R E A N D S P O R TS A S TH E
D EPA R TM EN T O F ED U C ATIO N A N D FO R O TH ER
P U R P O S ES

-AUTHORED BY FORMER SENATOR TESSIE AQUINO


ORETA.
DECS (DEPARTMENT OF EDUCATION, CULTURE AND
SPORTS) WAS RENAMED DEP ED (DEPARTMENT OF
EDUCATION).
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


R A 4670:
M A G N A CA RTA FO R PU B LIC SCH O O L
TEA CH ER S (1966)
COVERAGE: All public school teachers

ELIGIBILITY:
Elementary School Teachers
BEED Graduate
PBET/LET Passer
Secondary School Teachers
BSE/ BSEd Graduate/ Bachelors Degree
18 units in major subject/ 18 units of
professional education subject
PBET/LET Passer

R ights of Teachers

Rightto be inform ed ofthe charges in w riting.


Rightto fullaccess to the evidence in the case.
Rightto defend him selfand be defended by a representative ofhis choice.
Rightto appealto clearly designated authorities.
Rightfora m arried couple,both ofw hom are schoolteachers,to be em ployed in the
sam e locality w heneverpossible.
H ou rs of W ork an d R em u n eration

Enjoy academic freedom in the discharge of professional duties


regarding teaching and classroom methods.

Enjoy free physical exam and free medical treatment or


hospitalization.

Salary scale gradual progression from a minimum to a maximum


salary by means of regular increments, granted automatically every
after three years.

Granting of cost of living allowance.

Additional compensation for service excess of 6 hours actual


classroom teaching, hardship allowance and automatic retirement
promotion.

Leave and Retirement Benefits

Study leave (Sabbatical leave) with pay equivalent to 60% of


salary after seven years of service.
Indefinite leave
Maternity leave with pay for 60 days.
Vacation leave with pay.
Enjoy one range salary raise upon retirement, which shall be the
basis of the retirement pay and the monthly benefits thereafter.

TEACHERS ORGANIZATION

FREEDOM TO ORGANIZE.
PROHIBITION OF DISCRIMINATION AGAINST TEACHERS.

PHILIPPINE EDUCATIONAL
PRACTICES
AND
OTHER LEGAL BASES OF
EDUCATION

A ct N o.74
January 1,1901

Laid the foundations ofPhilippine public schoolsystem and m ade English


as the language ofinstruction.
Established in the Philippine Norm alSchooland Trade schoolin M anila,
and an Agriculturalschoolin Negros.

R A 476
June 18,1949

Converted the Philippine Norm alSchoolinto a Teachercollege and


off
ered courses leading to BachelorofScience in Elem entary Education
and M asterofArts in education.

R A 7168
D ecem ber26,1991
Converted the Philippine Norm alSchoolinto a University.

RA 6655

-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 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.

P D 146

R EQ U IR ED A LL H IG H S C H O O L G R A D U ATES S EEK IN G A D M ISS IO N S


TO P O S T S EC O N D A RY D EG R EES N EC ESS ITATIN G A M IN IM U M O F
FO U R Y EA R S S TU D Y TO PA SS A N ATIO N A L EN TR A N C E
EX A M IN ATIO N .

R A 7731

A B O LIS H ED TH E N C EE TO G IV E TH E M A R G IN A LIZ ED S EC TO R
G R EATER A C C ESS TO C O LLEG E ED U C ATIO N .

R A 7743

C R EATED TH E C EN TER O F EX C ELLEN C E IN TEA C H ER ED U C ATIO N .

R A 7791

S TR ETC H ED TH E S C H O O L Y EA R FR O M 185 200 D AY S .

R A 1265

M A D E TH E O B S ER VA N C E O F TH E FLA G C ER EM O N Y C O M P U LS O R Y,

RA 7836

An actprofessionalizing the teaching profession.


Established the Licensure Exam inations for Teachers.

RA 10157
Kindergarten Education Act
Provides the inclusion ofthe Kindergarten levelinto the basic
education program .Itis a m ustthatchildren m ustundergo
kinder before entering grade 1.

Senate Bill3286:Enhanced Basic Education Actof2012


An addition oftw o years in the basic education.

R eference:
Foundations of Education 2 by D r.D oris D .Tulio

La Carlota City College


City of La Carlota
Graduate School

REPUBLIC ACT
6713
Comprehensive Examination
Review
December 27, 2014

R EP U B LIC A C T
N O . 6713

8 Norms of Conduct of

Public Officials and


Employees.
Every public official and employee

shall observe the following as


standards of personal conduct in
the discharge and execution of
official duties:

(1)Commitment
interest.

to

public

Public officials and employees shall


always uphold the public interest over
and above personal interest. All
government resources and powers of
their respective offices must be
employed
and
used
efficiently,
effectively,
honestly
and
economically, particularly to avoid
wastage
in
public
funds
and
revenues.

(2) Professionalism.
Public officials and employees shall
perform and discharge their duties
with the highest degree of excellence,
professionalism, intelligence and skill.
They shall enter public service with
utmost devotion and dedication to
duty.
They
shall
endeavor
to
discourage wrong perceptions of their
roles as dispensers or peddlers of
undue patronage.

(3) Justness and sincerity.


Public officials and employees shall
remain true to the people at all times.
They must act with justness and
sincerity and shall not discriminate
against anyone, especially the poor and
the underprivileged. They shall at all
times respect the rights of others, and
shall refrain from doing acts contrary to
law, good morals, good customs, public
policy, public order, public safety and
public interest.

They shall not dispense or extend


undue favors on account of their
office to their relatives whether
by
consanguinity
or
affinity
except
with
respect
to
appointments of such relatives to
positions
considered
strictly
confidential or as members of
their personal staff whose terms
are coterminous with theirs.

(4) Political neutrality.


Public officials and employees
shall
provide
service
to
everyone
without
unfair
discrimination and regardless of
party affiliation or preference.

(5) Responsiveness to the public.


Public officials and employees shall
extend
prompt,
courteous,
and
adequate service to the public. Unless
otherwise provided by law or when
required by the public interest, public
officials and employees shall provide
information of their policies and
procedures in clear and understandable
language,

ensure openness of information, public


consultations and hearings whenever
appropriate, encourage suggestions,
simplify and systematize policy, rules
and procedures, avoid red tape and
develop
an
understanding
and
appreciation of the socio-economic
conditions prevailing in the country,
especially in the depressed rural and
urban areas.

(6) Nationalism and patriotism.


Public officials and employees shall at
all times be loyal to the Republic and to
the Filipino people, promote the use of
locally produced goods, resources and
technology and encourage appreciation
and pride of country and people. They
shall endeavor to maintain and defend
Philippine sovereignty against foreign
intrusion

(7) Commitment to democracy.


Public officials and employees shall
commit themselves to the democratic
way of life and values, maintain the
principle of public accountability, and
manifest by deeds the supremacy of
civilian authority over the military. They
shall at all times uphold the Constitution
and put loyalty to country above loyalty
to persons or party.

(8) Simple living.


Public officials and employees and
their families shall lead modest lives
appropriate to their positions and
income. They shall not indulge in
extravagant or ostentatious display of
wealth in any form.

La Carlota City College


City of La Carlota
Graduate School

Comprehensive Examination
Review

Republic Act No.


9155
AN ACT INSTITUTING A 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

SECTION 1.Short Title.

Governance of Basic
Education Act of 2001.

SEC. 2.Declaration of Policy.


declared the policy of the State to protect and
promote the right of all citizens to quality basic
education
makin

such education accessible to all by providing all


Filipino children a free and compulsory
education

i
n

elementary level and free education in the high


school level

includ
e

alternative learning systems for basic


education to provide them with the skills,
productive
caring
self-reliant
patriotic
knowledge and values they need to become

SCHOOL
heart of the formal educational
systems
aim: provide the best possible education

GOVERNANCE OF BASIC EDUCATION

begin at the national level


at the
regions
divisions
schoolscenters referred as
learning

field offices
Translated

programs, projects, services

Section 3.Purposes and Objectives.


To provide the framework for the
governance of basic education
set the general directions for educational policies
and standards and establish authority,
accountability and responsibility for achieving
higher learning outcomes;

To define the roles and responsibilities


of, and provide resources to the field
offices
implement educational programs, projects and
services in communities they serve

Section 3.Purposes and Objectives.


To make schools and learning centers the most important
vehicle for:
teaching and learning of national values
developing in the Filipino learners love of country and pride in its
rich heritage;

To ensure that schools and learning centers receive the


kind of focused attention they deserve and that
educational programs, projects and services take into
account the interests of all members of the community

To enable the schools and learning centers to reflect the


values of the community

Section 3.Purposes and Objectives.


To encourage local initiatives for the
improvement of schools and learning centers
to provide the means by which these improvements
may be achieved and sustained

To establish schools and learning centers as


facilities where:

school children are able to learn a range of core


competencies
out-of-school youth and adult learners are provided
alternative learning programs

Section 4. Definition of terms


Alternative Learning System
to provide a viable alternative to the existing formal education instruction

Basic Education
education intended to meet basic learning needs which lays the foundation on
which subsequent learning can be based
encompasses early childhood, elementary and high school education as
well as alternative learning systems for out-of-school youth and adult
learners and includes education for those with special needs

Cluster of Schools
a group of schools which are geographically contiguous and brought together
to improve the learning outcomes

Section 4. Definition of terms


Formal Education
systematic and deliberate process of hierarchically structured and
sequential learning corresponding to the general concept of
elementary and secondary level of schooling

Information Education
a lifelong process of learning by which every person acquires and
accumulates knowledge, skills, attitudes and insights from daily
experiences at home, at work, at play and from life itself

Integrated Schools
a school that offers a complete basic education in one school site
and has unified instructional programs

Section 4. Definition of terms


Learner
any individual seeking basic literacy skills and
functional life skills or support services for the
improvement of the quality of his/her life

LearningCenter
a physical space to house learning resources and
facilities of a learning program for out-of-school youth
and adults

Learning Facilitator
the key-learning support person who is responsible for
supervising/facilitating the learning process and
activities of the learners

Non-Formal Education

any organized, systematic educational activity carried outside


the framework of the formal system to provide selected types of
learning to a segment of the population
Quality Education

the appropriateness, relevance and excellence of the


education given to meet the needs and aspirations of an
individual and society
School Head

a person responsible for the administrative and


instructional supervision of the school or cluster of
schools
School
-an educational institution, private and public, undertaking

educational operation with a specific age-group of pupils or


students pursuing defined studies at defined levels, receiving
instruction from teachers

C H A P TER 1
G O V ER N A N C E O F
B A S IC ED U C ATIO N

Shared governance
A. A principle that recognizes every
unit in the education bureaucracy
has:
1. Particular role
2. Task
3. Responsibility
inherent in the office and for which it is
principally accountable for outcomes

Section 5: principles of Shared


governance
B.
The process of democratic consultation shall be observed
in the decision-making process at appropriate levels.
The principles of accountability and transparency shall be
operationalized in the performance of functions and
responsibilities at all levels

C.

The communication channels of field offices shall be


strengthened to facilitate flow of information and expand
linkages with other government agencies, local
government units and nongovernmental organizations
for effective governance.

D.

Section 6: governance
Department of
Department
of Education, Culture and
Education
Sports
accountabil
authority
responsibil
ityity

vested with

for:to,
ensuring access
promoting equity in, and
improving the quality of
basic education

Section 7.Powers, Duties and


Functions
The Secretary of the
Department of Education shall
exercise overall authority and
supervision over the operations
of the Department.

A. National Level
In addition to his/her powers under the existing laws,
the Secretary of the Department of Education shall
have the authority, accountability of the following:
Formulating national educational policies;
Formulating a national basic education plan;
Promulgating national educational standards;
Monitoring and assessing national learning outcomes;
Undertaking national educational research and

studies;
Enhancing the employment status, professional
competence, welfare and working conditions of all
personnel of the Department; and
Enhancing the total development of learners through
local and national programs and/or projects.

A. National Level
Secretary of the D epartm ent of
Education shall be assisted by not
m ore than four (4) undersecretaries
and not m ore than four (4) assistant
secretaries
w hose
assignm ents,
duties and responsibilities shall be
governed by law .

B. Regional Level
Each regional office shall have a
director, an assistant director and an
office staff for program promotion and
support, planning, administrative and
fiscal services.

Consistent with the national educational policies, plans, and standards, the
regional director shave have the authority, accountability, and responsibility
of the following:
Defining a regional educational policy framework which reflects the
values, needs and expectations of the communities they serve

Developing a regional basic education plan;

Developing regional educational standards with a view towards benchmarking for


international competitiveness;

Monitoring, evaluating and assessing regional learning outcomes;

Undertaking research projects and developing and managing region wide projects
which may be funded through official development assistance and/or other funding
agencies;

Ensuring strict compliance with prescribed national criteria for the recruitment, selection
and training of all staff in the region and divisions;

Formulating, in coordination with the regional development council, the budget to


support the regional educational plan which shall take into account the educational
plans of the divisions and districts;

Determining the organization component of the divisions and districts and approving the
proposed staffing pattern of all employees in the divisions and districts;

Hiring, placing and evaluating all employees in the regional office, except for the
position of assistant director;

Evaluating all schools division superintendents and assistant division superintendents in


the region;

Planning and managing the


effective and efficient use of all
personnel, physical and fiscal
resources of the regional office,
including professional staff
development;

Managing the database and management


information system of the region;

Approving the establishment of


public and private elementary
and high schools and learning
centers
Performing such other functions as may
be assigned by proper authorities.

C.D ivision Level


A division shall consist of:
a. a province or a city
schools division
superintendent

At least
One

one assistant
schools division
superintendent
Office staff

programs promotion,
planning,
administrative, fiscal,
legal, ancillary and
other support
services

Consistent with the national


educational policies, plans and
standards, the schools division
superintendents shall have authority,
accountability and responsibility for the
following:

C.D ivision Level


Developing and implementing division

education development plans;


Planning and managing the effective and

efficient use of all personnel, physical and


fiscal resources of the division, including
professional staff development;
Hiring, placing and evaluating all division

supervisors and schools district supervisors


as well as all employees in the division, both
teaching and non-teaching personnel,
including school heads, except for the
assistant division superintendent

C.D ivision Level


Monitoring the utilization of funds

provided by the national government


and the local government units to the
schools and learning centers;
Ensuring compliance of quality

standards for basic education programs


and for this purpose strengthening the
role of division supervisors as subject
area specialists

C.D ivision Level


Promoting awareness of and adherence

by all schools and learning centers to


accreditation standards prescribed by
the Secretary of Education;
Supervising the operations of all public

and private elementary, secondary and


integrated schools, and learning centers;
and
Performing such other functions as may

be assigned by proper authorities.