Educational Legislation
Educational Legislation
Graduate School
Tacloban City
COMPREHENSIVE EXAMINATION
IN
EDUCATIONAL LEGISLATION
Submitted by:
ALFREDA O. LLANTADA
MAED
Submitted to:
4. Explain the branches of law related to the study of Education laws and
jurisprudence along:
4.1 Constitutional Law
4.2 Criminal Law
4.3 Civil Law
4.4 Labor Law
4.5 Administrative Law
4.6 Civil Service Law
4.7 Remedial Law
4.8 Commercial Law
4.9 Case Law
5. Discuss the requirements and procedures for the establishment of a school and
issuance of permit to operate.
6. Give the salient provision of the following education Laws and draw
implications to the teaching and School management:
6.1 Government of Basic Education Act of 2001 (R.A9155)
6.2 Technical Education and skills Development Act(R.A 7796)
6.3 Higher Education Act of 1994 (RA7722)
6.4 Philippine Teachers Professionalization Act of 1994
6.5 Local Government Code of 1991- Local School Board
6.6 Enhanced basic Education Act of 2013 K-12Program (RA10533)
6.7 Flag and Heraldic Code of the Philippines ( RA 849)
6.8 Magna Carta for Public School Teachers (RA 470)
6.9 Code of Ethics for Professional Teachers
6.10 Kindergarten Law (RA10157)
Answers:
Japan launched an attack on the Philippines on December 8, 1941, just ten hours
after their attack on Pearl Harbor.[3] Initial aerial bombardment was followed by
landings of ground troops both north and south of Manila.[4] The defending
Philippine and United States troops were under the command of General Douglas
MacArthur, who had been recalled to active duty in the United States Army earlier
in the year and was designated commander of the United States Armed Forces in
the Asia-Pacific region.[5] The aircraft of his command were destroyed; the naval
forces were ordered to leave; and because of the circumstances in the Pacific
region, reinforcement and resupply of his ground forces were impossible.[6] Under
the pressure of superior numbers, the defending forces withdrew to the Bataan
Peninsula and to the island of Corregidor at the entrance to Manila Bay.[7] Manila,
declared an open city to prevent its destruction,[8] was occupied by the Japanese
on 2 January 1942.
3. Discuss the three (3) stages of Education in the Philippines in the context of
the trifocal system of education along:
4.Explain the branches of law related to the study of Education laws and
jurisprudence along:
4.1 Constitutional Law
4.2 Criminal Law
4.3 Civil Law
4.4 Labor Law
4.5 Administrative Law
4.6 Civil Service Law
4.7 Remedial Law
4.8 Commercial Law
4.9 Case Law
Criminal law, the body of law that defines criminal offenses, regulates the
apprehension, charging, and trial of suspected persons, and fixes penalties and
modes of treatment applicable to convicted offenders.
Criminal law is only one of the devices by which organized societies protect the
security of individual interests and ensure the survival of the group. There are, in
addition, the standards of conduct instilled by family, school, and religion; the
rules of the office and factory; the regulations of civil life enforced by ordinary
police powers; and the sanctions available through tort actions. The distinction
between criminal law and tort law is difficult to draw with real precision, but in
general one may say that a tort is a private injury whereas a crime is conceived as
an offense against the public, although the actual victim may be an individual.
4.3 Civil Law
The Philippine Civil Code is strongly influenced by the Spanish Código Civil,
which was first enforced in 1889 within the Philippines when it was still a colony
of the Spanish Empire. The Código Civil remained in effect even throughout the
American Occupation; by 1940, the Commonwealth Government of President
Manuel Luis Quezon formed a Commission tasked with drafting a new Code. The
Commission was initially headed by Chief Justice Ramón Avanceña, but its work
was interrupted by the Japanese invasion and the Second World War. The
Commission's records were later destroyed by Allied bombing during the Battle of
Manila in 1945.
In 1947, President Manuel Roxas of the Third Republic created a new Code
Commission, this time headed by the former Dean of the University of the
Philippines College of Law, Jorge Bocobo. Among the members of this new
Commission were future Supreme Court Associate Justice Francisco R.
Capistrano, and future Vice-President Arturo Tolentino. The Code Commission
completed the final draft of the new Civil Code by December 1947, and this was
submitted to Congress, which enacted it into law through Republic Act No. 386.
The Civil Code took effect in 1950.[1]
Due to its wide coverage and impact, the Civil Code is the subject of much study
and extensive commentary. Several legal luminaries developed reputations as
experts on the Civil Code and consequently enhanced their reputations in the field
of Philippine law. These include Tolentino, who himself had helped draft it,
Supreme Court Associate Justices J. B. L. Reyes, Flérida Ruth P. Romero, José
Vitug, and Edgardo Paras.
The influence of the Spanish Civil Code is most evident in the books on property,
succession and obligations and contracts. The law on succession, for example,
retains such concepts indigenous to Spain such as the rule on legitimist and reserva
troncal. On the other hand, many of the provisions on special contracts, particularly
on sales, are derived from common law as practiced in the United States, reflecting
the influence of American colonial rule and the influx of commercial relations
involving Americans at the time.
The great mass of disputes between private persons over civil and property
relations are resolved by applying the provisions of the Civil Code. With over
2,000 specific provisions, the Civil Code attempts to anticipate all possible
questions arising from civil and property relations and prescribe a definitive
solution for these problems. Understandably, the Civil Code itself is unable to
provide a definite answer for all emerging problems; thus the courts also rely on
precedent based on interpretations by the Supreme Court. This the Civil Code itself
notably recognizes in saying that "[j]udicial decisions applying or interpreting the
laws or the Constitution shall form a part of the legal system of the Philippines"
(Article 8, Civil Code), a recognition of the eminent role now played by precedents
in Philippine law.
6.Give the salient provision of the following education law and draw implications
to teaching and school management
ARTICLE II
BOARD FOR PROFESSIONAL TEACHERS
Sec. 5. Creation and Composition of the Board. — There is hereby created
under this Act a Board for Professional Teachers, hereinafter called the Board, a
collegial body under the general supervision and administrative control of the
Professional Regulation Commission, hereinafter referred to as the Commission,
composed of five (5) members who shall be appointed by the President of the
Philippines from among the recommendees chosen by the Commission.The
recommendees shall be chosen from the list of nominees selected by the accredited
association of teachers, who duly possess all the qualifications prescribed in
Section 8 of this Act.
The chairman and the voice-chairman of the Board shall be appointed from these
five (5) members by the President: Provided, That the members of the first Board
appointed under this Act shall be automatically registered as professional teachers
and issued with the certificate of registration and professional license upon
payment of the fees for examination, registration, and other fees prescribed by the
Commission.
Sec. 6. Duties and Function of the Board. — The Board shall have the following
duties and functions:
(a) Promulgate, administer and enforce rules and regulations necessary for
carrying out the provisions of this Act in accordance with the charter of the
Professional Regulation Commission;
(b) Determine and fix the frequency, dates, and places of examination, appoint
supervisors, proctors, and other personnel as needed who shall be entitled to a daily
allowance to be fixed by the Board for every examination day actually attended,
use buildings and facilities of public or private schools for examination purposes;
(c) Issue, suspend, or revoke the certificate of registration for the practice of the
teaching profession;
(d) Prescribe and collect examination and other fees as it may deem proper;
(e) Prescribe and/or adopt a code of ethical and professional standards for the
practice of the teaching profession.Such ethical standards, rules and regulations to
take effect sixty (60) days after its publication in the Official Gazette or in any
newspaper of general circulation;
(f) Administer oaths in connection with the administration of this Act;
(g) Supervise and regulate the registration, licensure and practice of professional
teachers in the Philippines;
(h) Adopt an official seal of the Board;cralaw
(i) Look into the conditions affecting the practice of the teaching profession and
whenever necessary, adopt such measures as may be deemed proper for the
enhancement and maintenance of high professional and ethical standards of the
profession;
(j) Ensure that all educational institutions offering elementary and secondary
education comply with the essential requirements for curricula, faculty and
facilities for the elementary and secondary levels;
(k) Investigate such violations of this Act, the rules and the code of ethical and
professional standards for professional teachers as it may come to the knowledge
of the Board, and for this purpose, to issue subpoena and subpoena duces tecum to
secure the appearance of witnesses and the production of documents in connection
therewith; and
(l) Discharge such other powers, duties and functions as the Board may deem
necessary for the practice of the teaching profession and the upgrading,
enhancement, development and growth of education in the Philippines.
6.5 Local Government Code
AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE OF 1991
SECTION 1. Title. – This Act shall be known and cited as the “Local
Government Code of 1991”.
SECTION 2. Declaration of Policy. – (a) It is hereby declared the policy of the
State that the territorial and political subdivisions of the State shall enjoy genuine
and meaningful local autonomy to enable them to attain their fullest development
as self-reliant communities and make them more effective partners in the
attainment of national goals. Toward this end, the State shall provide for a more
responsive and accountable local government structure instituted through a system
of decentralization whereby local government units shall be given more powers,
authority, responsibilities, and resources. The process of decentralization shall
proceed from the National Government to the local government units.
(b) It is also the policy of the State to ensure the accountability of local government
units through the institution of effective mechanisms of recall, initiative and
referendum.
(c) It is likewise the policy of the State to require all national agencies and offices
to conduct periodic consultations with appropriate local government units,
nongovernmental and people’s organizations, and other concerned sectors of the
community before any project or program is implemented in their respective
jurisdictions.
SECTION 3. Operative Principles of Decentralization. – The formulation and
implementation of policies and measures on local autonomy shall be guided by the
following operative principles:
(a) There shall be an effective allocation among the different local government
units of their respective powers, functions, responsibilities, and resources;
(b) There shall be established in every local government unit an accountable,
efficient, and dynamic organizational structure and operating mechanism that will
meet the priority needs and service requirements of its communities;
(c) Subject to civil service law, rules and regulations, local officials and employees
paid wholly or mainly from local funds shall be appointed or removed, according
to merit and fitness, by the appropriate appointing authority;
6.6 Enhanced Basic Education Act of 2013(k012Program) RA10533
[REPUBLIC ACT NO. 10533]
AN ACT ENHANCING THE PHILIPPINE BASIC EDUCATION SYSTEM
BY STRENGTHENING ITS CURRICULUM AND INCREASING THE
NUMBER OF YEARS FOR BASIC EDUCATION, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SECTION 1. Short Title. — This Act shall be known as the “Enhanced Basic
Education Act of 2013”.
SEC. 2. Declaration of Policy. — The State shall establish, maintain and support a
complete, adequate, and integrated system of education relevant to the needs of the
people, the country and society-at-large.
Likewise, it is hereby declared the policy of the State that every graduate of basic
education shall be an empowered individual who has learned, through a program
that is rooted on sound educational principles and geared towards excellence, the
foundations for learning throughout life, the competence to engage in work and be
productive, the ability to coexist in fruitful harmony with local and global
communities, the capability to engage in autonomous, creative, and critical
thinking, and the capacity and willingness to transform others and one’s self.
For this purpose, the State shall create a functional basic education system that will
develop productive and responsible citizens equipped with the essential
competencies, skills and values for both life-long learning and employment. In
order to achieve this, the State shall:
For this purpose, the State shall create a functional basic education system that will
develop productive and responsible citizens equipped with the essential
competencies, skills and values for both life-long learning and employment. In
order to achieve this, the State shall:
(a) Give every student an opportunity to receive quality education that is globally
competitive based on a pedagogically sound curriculum that is at par with
international standards;
(b) Broaden the goals of high school education for college preparation, vocational
and technical career opportunities as well as creative arts, sports and
entrepreneurial employment in a rapidly changing and increasingly globalized
environment; and
(c) Make education learner-oriented and responsive to the needs, cognitive and
cultural capacity, the circumstances and diversity of learners, schools and
communities through the appropriate languages of teaching and learning, including
mother tongue as a learning resource.
SEC. 3. Basic Education. — Basic education is intended to meet basic learning
needs which provides the foundation on which subsequent learning can be based. It
encompasses kindergarten, elementary and secondary education as well as
alternative learning systems for out-of-school learners and those with special
needs.
SEC. 4. Enhanced Basic Education Program. — The enhanced basic education
program encompasses at least one (1) year of kindergarten education, six (6) years
of elementary education, and six (6) years of secondary education, in that
sequence. Secondary education includes four (4) years of junior high school and
two (2) years of senior high school education.
6.7 Flag Heraldic Code of the Philippines (RA 849)
REPUBLIC ACT NO. 8491
AN ACT PRESCRIBING THE CODE OF THE NATIONAL FLAG,
ANTHEM, MOTTO, COAT-OF-ARMS AND OTHER HERALDIC ITEMS
AND DEVICES OF THE PHILIPPINES.
Be it enacted by the Senate and Home of Representatives of the Philippines in
Congress assembled:
SECTION 1. Short Title — This act shall be known as the “Flag and Heraldic
Code of the Philippines.”
SECTION 2. Declaration of Policy – Reverence and respect shall at all times be
accorded the flag, the anthem and other national symbols which embody the
national ideals and traditions and which express the principles of sovereignty and
national solidarity. The heraldic items and devices shall seek to manifest the
national virtues and to inculcate in the minds and hearts of our people a just pride
in their native land, fitting respect and affection for the national flag and anthem,
and the proper use of the national motto, coat-of-arms and other heraldic items and
devices.
SECTION 3. Definition of Terms — Whenever used in this Act, the term:
a. “Military” shall mean all branches of the Armed Forces of the Philippines
including the Philippine National Police, the Bureau of Jail Management and
Penology, and the Bureau of Fire Protection;
b. “Festoon” shall mean to hang in a curved shape between two points as a
decoration;
c. “Flag” shall mean the Philippine National Flag, unless stated otherwise;
d. “Fly” shall mean the part of the flag outside the hoist or length;
e. “Symbol” shall mean any conventional sign which reveals man’s achievement
and heroism (for orders and decorations), identification, authority and a sign of
dignity (for coat-of-arms, logo and insignia);
f. “Half-Mast” shall mean lowering the flag to one-half the distance between the
top and bottom of the staff;
g. “Hoist” shall mean the part of the flag nearest the staff or the canvass to which
the halyard is attached;
h. “Inclement Weather” shall mean that a typhoon signal is raised in the locality;
i. “National Anthem” shall mean the Philippine National Anthem’
6.8 Magna Carta for Public School Teacher(RA4670)
REPUBLIC ACT No. 4670 June 18, 1966
THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS
I. DECLARATION OF POLICY COVERAGE
Section 1. Declaration of Policy. It is hereby declared to be the policy of this Act
to promote and improve the social and economic status of public school teachers,
their living and working conditions, their terms of employment and career
prospects in order that they may compare favorably with existing opportunities in
other walks of life, attract and retain in the teaching profession more people with
the proper qualifications, it being recognized that advance in education depends on
the qualifications and ability of the teaching staff and that education is an essential
factor in the economic growth of the nation as a productive investment of vital
importance.
Section 2. Title Definition. This Act shall be known as the "Magna Carta for Public
School Teachers" and shall apply to all public school teachers except those in the
professorial staff of state colleges and universities.
As used in this Act, the term "teacher" shall mean all persons engaged in classroom
teaching, in any level of instruction, on full-time basis, including guidance
counselors, school librarians, industrial arts or vocational instructors, and all other
persons performing supervisory and/or administrative functions in all schools,
colleges and universities operated by the Government or its political subdivisions;
but shall not include school nurses, school physicians, school dentists, and other
school employees.
II. RECRUITMENT AND CAREER
Section 3. Recruitment and Qualification. Recruitment policy with respect to the
selection and appointment of teachers shall be clearly defined by the Department
of Education: Provided, however, That effective upon the approval of this Act, the
following shall constitute the minimum educational qualifications for teacher-
applicants:
(a) For teachers in the kindergarten and elementary grades, Bachelor's degree in
Elementary Education (B.S.E.ED.);
(b) For teachers of the secondary schools, Bachelor's degree in Education or its
equivalent with a major and a minor; or a Bachelor's degree in Arts or Science with
at least eighteen professional units in Education.
(c) For teachers of secondary vocational and two years technical courses,
Bachelor's degree in the field of specialization with at least eighteen professional
units in education;
d) For teachers of courses on the collegiate level, other than vocational, master's
degree with a specific area of specialization;
Provided, further, That in the absence of applicants who possess the minimum
educational qualifications as hereinabove provided, the school superintendent may
appoint, under a temporary status, applicants who do not meet the minimum
qualifications: Provided, further, That should teacher-applicants, whether they
possess the minimum educational qualifications or not, be required to take
competitive examinations, preference in making appointments shall be in the order
of their respective ranks in said competitive examinations: And provided, finally,
That the results of the examinations shall be made public and every applicant shall
be furnished with his score and rank in said examinations.
Section 4. Probationary Period. When recruitment takes place after adequate
training and professional preparation in any school recognized by the Government,
no probationary period preceding regular appointment shall be imposed if the
teacher possesses the appropriate civil service eligibility: Provided, however, That
where, due to the exigencies of the service, it is necessary to employ as teacher a
person who possesses the minimum educational qualifications herein above set
forth but lacks the appropriate civil service eligibility, such person shall be
appointed on a provisional status and shall undergo a period of probation for not
less than one year from and after the date of his provisional appointment.
Section 5. Tenure of Office. Stability on employment and security of tenure shall
be assured the teachers as provided under existing laws.
Subject to the provisions of Section three hereof, teachers appointed on a
provisional status for lack of necessary civil service eligibility shall be extended
permanent appointment for the position he is holding after having rendered at least
ten years of continuous, efficient and faithful service in such position.
Section 6. Consent for Transfer Transportation Expenses. Except for cause and as
herein otherwise provided, no teacher shall be transferred without his consent from
one station to another.
Where the exigencies of the service require the transfer of a teacher from one
station to another, such transfer may be effected by the school superintendent who
shall previously notify the teacher concerned of the transfer and the reason or
reasons therefor. If the teacher believes there is no justification for the transfer, he
may appeal his case to the Director of Public Schools or the Director of Vocational
Education, as the case may be. Pending his appeal and the decision thereon, his
transfer shall be held in abeyance: Provided, however, That no transfers whatever
shall be made three months before any local or national election.
Necessary transfer expenses of the teacher and his family shall be paid for by the
Government if his transfer is finally approved.
Section 7. Code of Professional Conduct for Teachers. Within six months from the
approval of this Act, the Secretary of Education shall formulate and prepare a Code
of Professional Conduct for Public School Teachers. A copy of the Code shall be
furnished each teacher: Provided, however, That where this is not possible by
reason of inadequate fiscal resources of the Department of Education, at least three
copies of the same Code shall be deposited with the office of the school principal
or head teacher where they may be accessible for use by the teachers.
Section 8. Safeguards in Disciplinary Procedure. Every teacher shall enjoy
equitable safeguards at each stage of any disciplinary procedure and shall have:
a. the right to be informed, in writing, of the charges;
b. the right to full access to the evidence in the case;
c. the right to defend himself and to be defended by a representative of his choice
and/or by his organization, adequate time being given to the teacher for the
preparation of his defense; and
d. the right to appeal to clearly designated authorities.
No publicity shall be given to any disciplinary action being taken against a teacher
during the pendency of his case.
Sec. 4. Definition of Terms. — For purposes of this Act, the following terms shall
mean:
(a) “Teaching” — refers to the profession concerned primarily with classroom
instruction, at the elementary and secondary levels in accordance with the
curriculum prescribed by the Department of Education, Culture and Sports,
whether on part-time or full-time basis in the private or public schools.
(b) “Teachers” — refers to all persons engaged in teaching at the elementary and
secondary levels, whether on full-time or part-time basis, including industrial arts
or vocational teachers and all other persons performing supervisory and/or
administrative functions in all schools in the aforesaid levels and qualified to
practice teaching under this Act.
(c) “Board” — refers to the Board for Professional Teachers duly established and
constituted under this Act.
(d) “Commission” — refers to the Professional Regulation Commission.
6.10 Kindergarten Law (RA 10157)
For this purpose, the State shall create a functional basic education system that
will develop productive and responsible citizens equipped with the essential
competencies, skills and values for both life-long learning and employment. In
order to achieve this, the State shall:
(a) Give every student an opportunity to receive quality education that is globally
competitive based on a pedagogically sound curriculum that is at par with
international standards;
(b) Broaden the goals of high school education for college preparation, vocational
and technical career opportunities as well as creative arts, sports and
entrepreneurial employment in a rapidly changing and increasingly globalized
environment; and
(c) Make education learner-oriented and responsive to the needs, cognitive and
cultural capacity, the circumstances and diversity of learners, schools and
communities through the appropriate languages of teaching and learning, including
mother tongue as a learning resource.
SEC. 3. Basic Education. — Basic education is intended to meet basic learning
needs which provides the foundation on which subsequent learning can be based. It
encompasses kindergarten, elementary and secondary education as well as
alternative learning systems for out-of-school learners and those with special
needs.
SEC. 4. Enhanced Basic Education Program. — The enhanced basic education
program encompasses at least one (1) year of kindergarten education, six (6) years
of elementary education, and six (6) years of secondary education, in that
sequence. Secondary education includes four (4) years of junior high school and
two (2) years of senior high school education.