Legal and Ethical Foundations

The main currents of educational practices in the Philippine educational system have been provided by four major law:
The Philippine Constitution of 1987 The Educational Decree of 1972 otherwise known as PD6-A The Educational Act of 1982 otherwise known as Batas Pambansa Bilang 232 The Educational Act of 1994 otherwise known as RA No. 7722

The Philippine Constitution of 1987 ( Education, Science and Technology, Arts, Culture and Sports)
Quality Education accessible to all Complete, adequate and integrated and relevant education Free education in public elementary and high school Scholarship grants, loan programs to deserving students

Non-formal, and indigenous learning systems

Vocational training to adults, disabled and out of school youth Study of constitution

Supervision and regulation of all schools

Academic freedom Optional Religious instruction in public schools

The Educational Act of 1972 (PD No.6-A)

Goals of educational system
Objectives of the educational system

Ten year program to attain the objectives

Educational Projects to attain the objectives The National Board of Education

The Educational Act of 1982 ( B.P. 232 )

Policy and Goals

The right to relevant quality education

The right of cultural communities to develop themselves within the context of their culture Objectives of education Reaching out to the deprived communities Promote the welfare of school personnel Safeguarding the interest of the students

The Education Act of 1994 ( R.A. No.7722 )

Declaration of policy

Creation of Commission on Higher education

Composition of the Commission

Board of advisers
Powers and functions of the Commission

Accreditation
The Higher Education Department Foundation

Other Related Laws:

R.A. 4670 Magna Carta for Public School Teacher (June 18, 1966 )

R.A. 1265 and DECS ruling # 8

R.A. 7796 : An act creating the Technical Education and Skills Development Authority ( TESDA )

R.A. 6728 Government Assistance to Students and Teachers of Private Education

R.A. 7836 Philippine Teachers Professionalization Act of 1994

Legal Basis of Philippine Education

1. Philippine education recognizes academic freedom. 2. Philippine education has a barrio high school 3. Philippine education promotes bilingualism 4. Philippine education provides medical and dental services to students. 5. Philippine education grants certain rights to parents, school personnel, schools, students and teachers. 6. Philippine education regulates tuition fees. 7. Philippine education provides non-formal education for special people.

Legal Rights of Students

1. Right to receive relevant quality education. 2. Right to freely choose their field of study and continue their course therein. 3. Right to school guidance and counseling. 4. Right to access to his own records. 5. Right to the issuance of needed school record / documents within 30 days from request. 6. Right to publish student newspaper and similar publications. 7. Right to free expression of opinions and suggestions to effective channels of communication. 8. Right to form, establish, join, and participate in organizations and societies recognized by the schools.

Legal Rights of Faculty and Academic Freedom

1. Right to be free from compulsory assignments not related to their duties as defined by law. 2. Right to intellectual property. 3. Right to be awarded due to respect and protection as persons in authority. 4. Right to choose alternative career lines for the purpose of career development.

Ethical Principles
1. Principle of Autonomy 2.Principle of Beneficence 3. Principle of Non-maleficence 4.Principle of Veracity 5.Principle of Confidentiality 6.Principle of Justice 7. Principle of Fidelity

Ethical Theories
Telelogical Approach Theory / Act of Utilitarianism Telelogy comes from the Greek word telos or goal or end. This is expressed the right thing to do is the good thing to do. It is an act of utilitarianism where the good resides in the promotion of happiness or the greatest net increase of pleasure over pain.

In recent formulation, Joseph Fletcher, a situation ethicist, holds that good is agape, the love for humanity. In the final analysis, human need determines what is or what is not ethical. If the act help people, then it is a good act, and if hurts people, then it is a bad one.

Deontological Approach or Duty Oriented Theory In this theory, the ethicist feels that the basic rightness or wrongness of an act depends on the intrinsic nature rather than upon the situation or its consequences. The word deontology come from the Greek word deon means duty.

Immanuel Kant, a German philosopher and ethicist in the 18th century, defines a person as a rational human being with freedom and social worth. He stated that it is only through dutiful actions that people have moral worth.

Virtue Ethics Approach Known as aretaic ethics is focused primarily on the heart of the person performing the act. It focuses on the traits and virtues of a good person such as courage, temperance, wisdom, and justice. One must have the right motivation, disposition and traits for being good and doing right such as courage, honesty, justice and beneficence.

Divine Command Ethics Is based on the theory that there is Supreme or Divine being that sets down the rules to provide guidance to moral decisions. For Christians, these rules are found in the Ten Commandments. Differences in religion, however pose problems such as what to do when the decision would conflict with one religious belief. Example: in Jehovas Witnesses will not receive Blood transfusion even if their lives will be put in danger.