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What is academic freedom and why the fuss?

Academic freedom. The term has been tossed around so much in recent weeks, on social media, in the news, on the streets, but what is it really? And why are people so determined to defend it?

The recent abrogation by the Department of National Defense (DND) of its 1989 Accord with the University thrust the subject of academic freedom into the larger public sphere. The subsequent red-tagging of UP alumni by the Armed Forces of the Philippines (AFP), which DND Secretary Delfin Lorenzana later acknowledged as an “unpardonable gaffe” and which the AFP apologized for, only served to intensify public discussion.

To put things in perspective, UP organized Usapang KP (Kalayaan sa Pamantasan) , an online discussion series that intends to dive into the nuances of academic freedom. Its first episode, “Mga Terror, Hindi Terrorista,” was streamed live on February 4 and focused on defining academic freedom and its significance to the life of a university.

Watch the replay of the webinar on TVUP’s YouTube channel .

The episode featured alumnae and revered professors emeriti, Dr. Solita Monsod (Economics) and Dr. Gisela Concepcion (Marine Science) as main speakers. Reactors were: fellow alumni Atty. Soledad Deriquito Mawis, Dean of the College of Law, Lyceum of the Philippines University; Dr. Giovanni Tapang, Dean of the College of Science, UP Diliman; and, Atty. Theodore Te of the Free Legal Assistance Group. It was moderated by Professor Emeritus Jose Dalisay Jr., and Malou Mangahas, Co-founder and Board Member, Philippine Center for Investigative Journalism.

So what is academic freedom?

While the 1987 Philippine Constitution states in Article XIV, Section 5 (2) that “Academic freedom shall be enjoyed in all institutions of higher learning”, it does not define academic freedom.

The reason for this lack of definition can be found in the deliberations of the 1986 Constitutional Commission on September 9. Commissioner Adolf Azcuna said, “Since academic freedom is a dynamic concept and we want to expand the frontiers of freedom, especially in education, therefore, we will leave it to the courts to develop further the parameters of academic freedom. We just say that it shall be enjoyed in all institutions of higher learning.”

US Supreme Court Justice Felix Frankfurter’s concurring opinion in Sweezy v. New Hampshire (1957), widely acknowledged as having captured the essence of academic freedom, has found its way into Philippine jurisprudence. Monsod, Mawis, and Te cited Frankfurter’s opinion that academic freedom consists of the “four essential freedoms” of a university “to determine for itself on academic grounds who may teach, what may be taught, how it shall be taught, and who may be admitted to study.”

For Concepcion, it is the freedom “to pursue knowledge without boundaries in an unencumbered and enabling environment.” Faculty members, she said, have earned the right to mentor and teach through years of study, research, and training that allowed them to gain expertise.

Academic freedom, she added, exists in an academic framework, a highly complex system that contains not only the functions of universities and their players, but also the factors that affect the successful execution of these functions toward the overarching goal of serving the nation and humanity. Concepcion said academic freedom is ensured by external support, including support from the government, which provides the encouraging atmosphere for teaching, learning, inquiry, and discussion to thrive and flourish.

Monsod, quoting UP Diliman Chancellor Fidel Nemenzo, focused on academic freedom in UP, said that it is the “freedom to challenge orthodoxies and established ways of thinking and acting without fear of repression or punitive action. This freedom is essential for the life of the mind and for UP’s dual role as (a) knowledge producer and (b) social critic.”

However, she emphasized that academic freedom is not “unlimited”. Among others, it does not mean “a faculty member can harass, threaten, intimidate, ridicule, or impose his or her views on students.” It also “does not protect faculty members from non-university penalties if they break the law.”

Why is it important?

It is critical to a university’s role in clarifying and seeking truth, Tapang explained. Academic freedom allows an environment that is “most conducive to speculation, experimentation, and creation. . . . If we are unable to speak our mind with intellectual honesty, what else would the university be for us?” Borrowing Albert Einstein’s words, he added that “any restriction on academic freedom [hampers] the dissemination of knowledge among people and thereby impedes rational judgment and action.”

Monsod made reference to Britannica on the justification for academic freedom. That it “lies not in the comfort or convenience of teachers and students but in the benefits to society; i.e., the long-term interests of a society are best served when the educational process leads to the advancement of knowledge, and knowledge is best advanced when inquiry is free from restraints by the state, by the church or other institutions, or by special-interest groups.”

Academic freedom is essential to any institution of higher learning because it is an “assertion of control over what we want to read, say, think, and how and who we want to think with, discuss with, express ourselves with,” Te stated.

Mawis concurred that academic freedom meant respect for universities to determine their academic governance, and emphasized that it was “consistent with law and jurisprudence.” She also cited Justice Estela Perlas-Bernabe’s concurring opinion in Pimentel v. Medialdea, G.R. No. 230642 (2019), “Academic freedom is anchored on the recognition that academic institutions perform a social function, and its business is conducted for the common good; that is, it is a necessary tool for critical inquiry of truth and its free exposition. Thus, the guarantee of academic freedom is complementary to the freedom of expression and the freedom of the mind.”

Specific to UP, Concepcion, Mawis, and Te made reference to Republic Act No. 9500 or the UP Charter of 2008, where Section 5 states, “The national university has the right and responsibility to exercise academic freedom.” They emphasized “responsibility” as a clear mandate for UP to exercise its right to academic freedom.

How do we protect and defend academic freedom?

“Stop taking it for granted,” Monsod said, adding that academic freedom “does not stand alone in support of the higher education system.” She cited Cary Nelson’s No University is an Island: Saving Academic Freedom, which states that academic freedom, shared governance, and tenure are the three legs in the footstool that supports higher education.

Monsod also proposed that professors emeriti lead in the establishment of a “Philippine Association of University Professors or Philippine Association of University Teachers” because unity in their ranks will create a formidable organization in guarding against threats to academic freedom, among other issues.

Tapang, meanwhile, echoed Einstein’s words on constitutional rights: “The strength of the Constitution lies entirely in the determination of each citizen to defend it.” He also said that “[there are] prevalent tools like Facebook. We have to speak online and on social media. Show that we are taking a stand.”

“UP has given us the tools, skills, attitude, disposition, critical thinking. Now we are called upon to apply these,” Te said.

Mawis added, “Be aware of what is happening. Know the facts. Analyze. Make a stand. Love the truth. We honor excellence by living the truth. We honor integrity. We honor the truth. We were wired that way, therefore we should act that way.”

“What is the proportion of [UP’s] contributions versus speculations [against it]? We need to communicate effectively the good that the University has done, even just in this time of pandemic,” Concepcion emphasized the positive outcomes of academic freedom.

Dalisay capped it off with “The best way to defend academic freedom is to use it. Express yourself. Wherever you are, the university is in you. You do not have to be in UP to exercise the spirit of academic freedom.”

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UP would continue expanding under Villamor’s watch, with the Conservatory of Music; the University High School; the College of Education; and, the Junior College in Cebu City added under his watch

The School of Fine Arts (1909), the College of Liberal Arts (1909), the College of Veterinary Medicine (1910), the College of Engineering (1910), the College of Agriculture (1906, in Los Baños, Laguna) follow to form the initial core of the newly established UP.

The UP College of Medicine (then known as the Philippine Medical School) opens. It predates the opening of the University proper by 3 years.

Philippine e-Legal Forum

Philippine laws and legal system (pnl-law blog).

Education, Science and Technology, Arts, Culture and Sports (Article XIV, Philippine Constitution): Full Text

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

( 1987 philippine constitution ).

Section 1 . The 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.

Section 2 . The State shall:

(1) Establish, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of the people and society;

(2) Establish and maintain, a system of free public education in the elementary and high school levels. Without limiting the natural rights of parents to rear their children, elementary education is compulsory for all children of school age;

(3) Establish and maintain a system of scholarship grants, student loan programs, subsidies, and other incentives which shall be available to deserving students in both public and private schools, especially to the underprivileged;

(4) Encourage non-formal, informal, and indigenous learning systems, as well as self-learning, independent, and out-of-school study programs particularly those that respond to community needs; and

(5) Provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational efficiency, and other skills.

Section 3 . (1) All educational institutions shall include the study of the Constitution as part of the curricula.

(2) They shall inculcate patriotism and nationalism, foster lover 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, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency.

(3) At the option expressed in writing by the parents or guardians, religion shall be allowed to be taught to their children or wards in public elementary and high schools within the regular class hours by instructors designated or approved by the religious authorities of the religion to which the children or wards belong, without additional cost to the Government.

Section 4 .(1) 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.

(2) 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 at least sixty per centum of the capital of which is owned by such citizens. The Congress may, however, require increased Filipino equity participation in all educational institutions.

The control and administration of educational institutions shall be vested in citizens of the Philippines.

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.

(3) 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. Upon the dissolution or cessation of the corporate existence of such institutions, their assets shall be disposed of in the manner provided by law.

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) 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.

Section 5 . (1) the State shall take into account regional and sectoral needs and conditions and shall encourage local planning in the development of educational policies and programs.

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

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

(4) The State shall enhance the right of teachers to professional advancement. Non-teaching academic and non-academic personnel shall enjoy the protection of the State.

(5) 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.

Section 6 . The national language of the Philippines is Filipino. As it evolves, it shall be further developed and enriched on the basis of existing Philippine and other languages.

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 a medium of official communication and as language of instruction in the educational system.

Section 7 . For purposes of communication and instruction, the official languages of the Philippines are Filipino and, until otherwise provided by law, English.

The regional languages are the auxiliary official languages in the regions and shall serve as auxiliary media of instruction therein.

Spanish and Arabic shall be promoted on a voluntary and optional basis.

Section 8 . This Constitution shall be promulgated in Filipino and English and shall be translated into major regional languages, Arabic, and Spanish.

Section 9 . The Congress shall establish a national language commission composed of representatives of various regions and disciplines which shall undertake, coordinate, and promote researches for the development, propagation, and preservation of Filipino and other languages.

Science and Technology

Section 10 . Science and technology are essential for national development and progress. 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.

Section 11 . The Congress may provide for incentives, including tax deductions, to encourage private participation in programs of basic and applied scientific research. Scholarships, grants-in-aid, or other forms of incentives shall be provided to deserving science students, researchers, scientists, inventors, technologists, and specially gifted citizens.

Section 12 . The State shall regulate the transfer and promote the adaptation of technology from all sources for the national benefit. It shall encourage the widest participation of private groups, local governments, and community-based organizations in the generation and utilization of science and technology.

Section 13 . 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.

Arts and Culture

Section 14 . The State shall foster the preservation, enrichment, and dynamic evolution of a Filipino national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression.

Section 15 . Arts and letters shall enjoy the patronage of the State. The State shall conserve, promote, and popularize the nation’s historical and cultural heritage and resources, as well as artistic creations.

Section 16 . All the country’s artistic and historic wealth constitutes the cultural treasure of the nation and shall be under the protection of the State which may regulate its disposition.

Section 17 . The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies.

Section 18 . (1) The State shall ensure equal access to cultural opportunities through the educational system, public or private cultural entities, scholarships, grants and other incentives, and community cultural centers, and other public venues.

(2) The State shall encourage and support researches and studies on the arts and culture.

Section 19 . (1) The State shall promote physical education and encourage sports programs, league competitions, and amateur sports, including training for international competitions, to foster self-discipline, teamwork, and excellence for the development of a healthy and alert citizenry.

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

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Legal Bases of the Philippine Educational System

The 1987 Philippine Constitution lays down the foundation of the Philippine education system and protects the right of all citizens to quality education at all levels. Table 3 summarizes significant reforms enacted into law toward the attainment of Constitutional provisions, national goals, and international commitments for SDG 2030.

Table of Contents

Major Legal Bases of the Philippine Educational System

The Philippine Constitutions 1. 1935 CONST. Article XIV Section 5 2. 1973 CONST. Article XV Section 8 (1-8) 3. 1987 CONST. Article XIV Sections 1-5(5)

The 1987 Constitutions

Article XIV Sections 1-5(5)

Section 1. The state shall protect and promote the right of all the citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all.

Section 2. The state shall:

• Establish, maintain and support a complete, adequate and integrated system of education relevant to the needs of the people and society;
• Establish and maintain s system of free public education in the elementary and high school levels. Without limiting the natural rights of parents to rear their children, elementary education is compulsory for all children of school age;
• Establish and maintain a system of scholarship grants, student loan programs, subsidies and other incentives which shall be available to deserving students in both public and private schools, especially to the underprivileged;
• Encourage non- formal, informal and indigenous learning system, as well as self- learning independent and out-of-school study programs particularly those that respond to community needs; and
• Provide adult citizens, the disabled and out-of-school youth with training in civics, vocational efficiency and skills.
• All educational institutions shall include the study of the Constitution as part of the curricula.
• They shall inculcate patriotism and 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, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge and promote efficiency.
• At the option expressed in writing by the parent or guardians, religion shall be allowed to be taught to their children or wards in the public elementary and high schools within the regular class hours by instructors designated or approved by the religious authorities of the religion to which the children or wards belong, additional cost to the Government.
• The state recognizes the complementary roles of the public and private institutions in the educational system and shall exercise reasonable supervision and regulation of all educational institutions.
• Educational institutions, other than those established by religious groups and mission boards, shall be allowed solely by citizens of the Philippines or corporations or associations at least sixty per centum of the capital of which is owned by such citizens. The Congress may, however, require increased Filipino equity participation in all educational institutions. The control and administration of educational institutions shall vested in citizens of the Philippines. 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.
• 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. Upon the dissolution or cessation of the corporate existence of such institutions, their assets shall be disposed of in the manner provided by law. 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.
• 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.
• The State shall take into account regional and sectoral needs and conditions and shall encourage local planning in the development of educational policies and programs.
• Academic freedom shall be enjoyed in all institutions of higher learning.
• Every citizen has a right to select a profession or course of study, subject to fair, reasonable and equitable admission and academic requirements.
• The State shall 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.

Batas Pambansa Blg. 232 (The Education Act of 1982)

This was an act providing for the establishment and maintenance of an integrated system of education. In accordance with Section 2, this act shall apply to and govern both formal and non- formal system in public and private schools in all levels of the entire educational system.

As provided by this Act, the national development goals are as follows:

• To achieve and maintain an accelerating rate of economic development and social progress.
• To assure the maximum participation of all the people in the attainment and enjoyment of the benefits of such growth; and
• To achieve and strengthen national unity and consciousness and preserve, develop and promote desirable cultural, moral and spiritual values in changing world.

It is also stated in Section 3 that:

The State shall promote the right of every individual to relevant quality education, regardless of sex, age, creed socio- economic status, physical and mental conditions, racial or ethnic origin, political or other affiliation. The State shall therefore promote and maintain equality of access to education as well as the benefits of education by all its citizens.

Rights of Students in School (Section 9)

• The right to receive competent instruction, relevant quality education.
• The right to freely choose their field of study subject to the existing curricula and continue their course up to graduation, except in cases of academic deficiency or violations of disciplinary regulations.
• The right to school guidance and counseling services.
• The right to access to his owns school records and the confidentiality of it.
• The right to issuance of official certificates, diplomas, transcript of records, grades, transfer credentials and similar document within thirty days from request.
• The right to publish a student newspaper and invite resource persons during symposia, assemblies and other activities.
• The right to free expression of opinions and suggestions and to effective channels of communication with appropriate academic and administrative bodies of the school or institutions.
• The right to form or establish, join and participate in organizations and societies recognized by the school…, or to form, join and maintain organizations and societies for purposes not contrary to law.
• The right to be free from involuntary contributions except those approved by their organizations and societies.

Right of All School Personnel (Section 10)

• Free expression of opinions and suggestions.
• To be provided with free legal service by the appropriate government office in case of public school personnel and the school authorities concerned in case of private school personnel, when charged in administrative, civil and/or criminal proceedings, by parties other than the school authorities concerned, for actions committed directly in the lawful discharged of professional duties and/or in defense of school policies.
• Establish join, maintain labor organization of their choice to promote their welfare and defend their interest.
• To be free from involuntary contributions except those imposed by their own organizations.

Special Rights And/or Privileges of Teaching or Academic Staff (Section 11)

• Right to be free compulsory assignment not related to their duties defined in their appointment or employment contracts unless compensated thereof. (additional compensation Sec. 14 R.A. 4670- at least 25% his regular remuneration)
• Right to intellectual property………
• Teachers are persons in authority when in lawful discharge of duties and responsibilities… shall therefore be accorded due respect and protection (Commonwealth Act No. 578)
• Teachers shall be given opportunity to choose career alternatives for advancements.

Rights of Administrators (Section 12)

• School administrators shall be deemed persons in authority while in the lawful discharge of their duties and responsibilities…. Shall be accorded due respect and protection (Commonwealth Act No. 578)

Rights of Schools (Section 13)

• The right of their governing boards…….to adopt and enforce administrative or management systems.
• The right of institutions of higher learning to determine on academic grounds who shall be admitted to study, who may teach, and who shall be the subjects of the study and research.

Maintenance of Quality Education

• Voluntary Accreditation (Section 29)
• Teachers and Administrators obligations and qualification (Sections 176 and 17)
• Government Financial Assistance to Private Schools (Section 41)

Other Legal Bases

1. act no. 74.

This law was enacted on January 21, 1901 by the Philippine Commission, and provided:

a. establishment of the Department of Public Instruction headed by the General superintendent b. the archipelago was divided into school divisions and districts for effective management of the school system. c. English was made as medium of instruction in all levels of schooling d. optional religious instructions in all schools (Section 16) e. establishment of a Trade school in Manila (Philippine College of Arts and Trade- PCAT now known as Technological University of the Philippines), a school of Agriculture in Negros, a Normal school in Manila (Philippine Normal School) (Section 18)

Philippine Normal School, however, was renamed Philippine Normal College (PNC) by virtue of Republic Act No. 416 on June 18, 1949. And on December 26, 1991, the PNC was converted to Philippine Normal University as provided by Republic Act No. 7168.

2. Act No. 2706

This was known as the “Private School Law”, enacted on March 10, 1917 by the Philippine Legislature, which made obligatory the recognition and inspection of private schools and colleges by the Secretary of Public Instruction so as to maintain a standard of efficiency in all private schools and colleges in the country.

This law was amended by Commonwealth Act No. 180 passed on November 13, 1936 which provided that:

• The Secretary of Public Instruction was vested with power to “supervise, inspect and regulate said schools and colleges in order to determine the efficiency of instruction given in the same.”
• And all private schools come under the supervision and regulation of the Secretary of DPI, thus eliminating “diploma mills” and substandard schools.

3. Commonwealth Act No. 1 (Amended by R.A. 9163)

Known as the “National Defense Act” passed by the Philippine Assembly on December 21, 1935, which provided in Section 81 that:

“Preparatory Military training shall be given with the youth in the elementary grade school at the age of ten years and shall extend through the remainder of his schooling into college or post-secondary education.

By virtue of Presidential Decree 1706, issued by the late President Marcos on August 8, 1980, otherwise known as the “National Service Law”, Commonwealth Act No. 1 was amended, and required all citizens to render, civic welfare service, law enforcement service and military service.

4. Commonwealth Act No. 80

This law created the Office of Adult Education on October 26, 1936, so as to eliminate illiteracy and to give vocational and citizenship training to adult citizens of the country.

5. Commonwealth Act No. 578

Enacted on June 8, 1940, conferred the status of “persons in authority” upon the teachers, professors, and persons charged with the supervision of public or duly recognized private schools, colleges and universities. This Act also provided a penalty of imprisonment ranging from six months and one day to six years and a fine ranging from 500 to 1, 000 pesos upon any person found guilty of assault upon those teaching personnel.

6. Commonwealth Act No. 586 (Repealed by R.A. 896)

This is known as Education Act of 1940. It was approved on August 7, 1940 by the Philippine Assembly.

The law provided for the following:

a. reduction of seven- year elementary course to six- year elementary course. b. fixing the school entrance age to seven. c. national support of elementary education. d. compulsory attendance in the primary grades for all children who enroll in Grade I. e. introduction of double- single session- one class in the morning and another in the afternoon under one teacher to accommodate more children.

7. Commonwealth Act No. 589

This law, approved on August 19, 1940, established a school ritual in all public and private elementary and secondary schools in the Philippines.

The ritual consists of solemn and patriotic ceremonies that include the singing of the National Anthem and Patriotic Pledges.

8. Republic Act No. 139 (Repealed by R. A. 8047)

Enacted on June 14, 1947, and the Board of Textbooks. This law provided that all public schools must only use books that are approved by the Board for a period of six years from the date of their adoption. The private schools may use books of their choice, provided the Board of Textbooks has no objections with those books.

9. Republic Act No. 896

Enacted on June 20, 1953 and known as the Elementary Education Act of 1953, it repealed Commonwealth Act 586 and provided for the following:

a. restoration of Grade VII (but never implemented due to lack of funds) b. abolition of the double- single session and return to the former practice of only one c. class under one teacher in the primary and three teachers to two classes or five teachers to three classes in the intermediate level d. compulsory completion of the elementary grades e. compulsory enrollment of children in the public schools upon attaining seven years of age.

10. Republic Act No. 1124 (Repealed by R. A. 7722)

Approved on June 16, 1954, this law created the Board of National Education charged with the duty of formulating general educational policies and directing the educational interests of the nation.

However, this Board which was later renamed National Board of Education (P.D. No. 1), was abolished bu virtue of the Creation of the board of Higher Education as stipulated in Batas Pambansa Blg. 232. The Board’s function is now assumed by the commission on Higher Education or CHED by virtue of Republic Act No. 7722.

11. Republic Act No. 1265 (amended by R. A. 8491)

This law was approved on June 11, 1955, and provided that a daily flag ceremony shall be compulsory in all educational institutions. This includes the singing of the Philippine National Anthem.

12. Republic Act No. 1425

It was approved on June 12, 1956, it prescribed the inclusion in the curricula of all schools, both public and private, from elementary schools to the universities, the life, works and writings of Jose Rizal especially the Noli Me Tangere and El Filibusterismo.

13. Republic Act No. 4670

Known as the “Magna Carta for Public School Teachers”. This was approved on June 18, 1966 to promote and improve the social and economic status of public school teachers, their living and working conditions, their employment and career prospects.

It also provided the following:

• Recruitment qualifications for teachers
• Code of Professional Conduct for Teachers
• Teaching hours- 6 hours of classroom teaching (maximum load)
• Additional compensation- 25% of the regular remuneration
• Health and injury benefits (thru the GSIS)
• One year study leave (sabbatical leave) after seven years of continuous teaching, the teacher should receive 60% of the monthly salary.
• One range salary increase upon retirement (basis computing the retirement fee).
• Freedom to form organizations.

14. Republic Act No. 1079

Approved on June 15, 1959, it provided that Civil Service eligibility shall be permanent and shall have no time limit.

15. Republic Act No. 6655

Known as the “Free Public Secondary Education Act of 1988” , it was approved on May 26, 1988 and provided for:

a. Free public secondary education to all qualified citizens and promote quality education at all level. b. No tuition or other fees shall be collected except fees related to membership in the school community such I.D., student organization and publication. c. Non- payment of these shall not hinder a student from enrollment or graduation. d. Nationalization of all public secondary schools ( Section 7) e. A student who fails in majority of his academic subjects for two consecutive years could no longer avail of their program.

READ: A History of the System of Education in the Philippines – Its Implication for the Present Generation

Mark Anthony Llego

Mark Anthony Llego, a visionary from the Philippines, founded TeacherPH in October 2014 with a mission to transform the educational landscape. His platform has empowered thousands of Filipino teachers, providing them with crucial resources and a space for meaningful idea exchange, ultimately enhancing their instructional and supervisory capabilities. TeacherPH's influence extends far beyond its origins. Mark's insightful articles on education have garnered international attention, featuring on respected U.S. educational websites. Moreover, his work has become a valuable reference for researchers, contributing to the academic discourse on education.

21 thoughts on “Legal Bases of the Philippine Educational System”

Thank you so much for this very comprehensive legal bases

Thank you so much. Very informative indeed!

hi po! thank you for this information, it is very helpful. may i ask po if there is a law that could help bring the teaching profession to a successful conclusion, given the current state of teachers?

Thank you very much

Is there a law that governs the choice of teachers?

Thank you very much,It’s very helpful 🙂

Hi, is there any law about drop out students.?

Thank you so so much! This is really helpful for our Legal bases timeline. Thank you❣️

Same question

I have a question, these legal bases and legislations, is it still present in 21st century?

Thanks a lot for your contribution. God bless us all…

Thank you very much. This helps me a lot.

THANK YOU VERY MUCH SIR!

This helps! Thanks a lot sir!

Good day everyone.

I am granted a full scholarship by the CHED. However, The agency head will not allow me to go on study leave. do i have a case against the him?

Hello, can a principal transfer you to other grade level even if you re teaching in that level for 20 years without valid reasons just because the principal does not like you.

Thank you very much. More power.

Great help! I just want to know if the Principal’s rights and prerogative is enough reason to give a new designation to a teacher handling previous position for almost 4years. I am a Guidance Teacher for 3 years and designated Guidance Coordinator for 1 year by our previous school principal then July this year new principal came. September 30 he called a meeting in our department to announce that I’ll be transferring to the school library. I asked him in a respectable manner “why are you going to transfer me in the library sir?”. He answered me “Its my right and prerogative”. I asked him again “Sir, is it fair that I handled Guidance for almost 4 years and yet there’s a new designated teacher that will be staying at the Guidance.” He explained again “we are not talking fairness here.” Do I have the right to appeal since he is the principal and have the right to designate?

Hello! I’d like to ask for some help… what provision is that which allows/qualifies secondary school teachers to teach elementary? Please reply. Thanks you and God bless!

Thanks Mark! you’ve made our research for our doctoral report easier! Thank you so much for your generosity!

thank you so much 😀 this is quite helpful 😀

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ARTICLE XIV EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS (1987 Philippine Constitution

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EDUCATION Section 1. The 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. Section 2. The State shall: 1. Establish, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of the people and society; 2. Establish and maintain, a system of free public education in the elementary and high school levels. Without limiting the natural rights of parents to rear their children, elementary education is compulsory for all children of school age; 3. Establish and maintain a system of scholarship grants, student loan programs, subsidies, and other incentives which shall be available to deserving students in both public and private schools, especially to the underprivileged ; 4. Encourage non-formal, informal, and indigenous learning systems, as well as self-learning, independent, and out-of-school study programs particularly those that respond to community needs; and 5. Provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational efficiency, and other skills. Section 3. 1. All educational institutions shall include the study of the Constitution as part of the curricula. 2. They shall inculcate patriotism and 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, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency. 3. At the option expressed in writing by the parents or guardians, religion shall be allowed to be taught to their children or wards in public elementary and high schools within the regular class hours by instructors designated or approved by the religious authorities of the religion to which the children or wards belong, without additional cost to the Government.

Melanesia Eva

theresa custodio

Rhea Pascua

John Nhoel Bernabe

Preamble: We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.

Eduardo Encarnacion

Jay Lord Soriano

Benjamin Joseph Y. Geronimo

TONI EIFFER TENTEN REMUDARO

The 1987 Philippine Constitution

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SECTION 1. Short Title. - This Act shall be known as the "Philippine Sports Training Center Act".

SEC. 2. Declaration of Policy. - It is the policy of the State to promote and develop sports in the country, to achieve excellence in international sports competitions, to ensure success in the country's quest to achieve competitiveness in the Olympic Games and to promote international amity among nations. Pursuant thereto, the establishment and construction of a national sports training facility shall be a primary strategy to achieve the foregoing objectives.

Furthermore, under Article XIV, Section 19 of the Philippine Constitution, the State shall promote physical education and encourage sports programs, league competitions, and amateur sports, including training for international competitions to foster self-discipline, teamwork, and excellence for the development of a healthy and alert citizenry. To further this policy, the State shall establish and construct a state-of-the-art and highly scientific sports complex.

SEC. 3. Establishment of the Philippine Sports Training Center. - There is hereby established a state-of-the-art and highly scientific sports complex to be known as the Philippine Sports Training Center (PSTC).

After a period of planning not exceeding six (6) months upon the effectivity of this Act, the necessary sports facilities and amenities, which are at par with international standards, shall be constructed within a period of eighteen (18) months in a location suitable and conducive to high-level training of athletes, coaches and referees.

SEC. 4. Objectives of the Philippine Sports Training Center. - The objectives of the PSTC are as follows:

(a) To serve as the official home and primary venue for the development of athletes in the National Team and its corresponding training pools included in the list of sports contemplated therein, through the use of scientific principles and programs, proven training techniques, and modern equipment and facilities that are at par with international standards;

(b) To contribute to sports science and research as the national sports training institution assisted by the Philippine .Sports Commission (PSC), through the Philippine Sports  Institute (PSI), as mandated by Republic Act No. 6847;

(c). To serve as venue for the training of coaches and referees;

(d) To host local and international competitions, if necessary; and

(e) For any other purpose inherent and incidental for the purposes for which the PSTC was created.

SEC. 5. Sports Facilities and Amenities. - The PSTC shall include the following training facilities and amenities:

(a) Administration Building

(b) Athletes and Coaches Dormitory

(c) B aseball Field

(d) Beach Volleyball Courts

(e) Bowling Center

(f) Conference and Seminar Hall

(g) Covered Swimming and Diving Pool

(h) Football Field

(i) Gymnastics Center

(j) Multi-purpose Gynasium

(k) Multi-purpose field including, but not limited to, Archery Range, BMX Track, Lawnballs and Petanque Field

(1) Rugby Pitch

(m) Skeet and Trap Range

(n) Softball Field

(o) Track and Field Oval

(p) Tennis Courts

(q) Velodrome

(r) Villas for Guests

(s) Sports Science Building

(t) Mess Hall

(u) Recreation Hall (AV Room)

(v) Library

(w) Weight Training Building

(x) School Buildings

(y) Medical Center

(z) Worship and Meditation Room

The PSTC shall include sports facilities and amenities for the Olympic sports and other non-Olympic sports such as the following:

(1) Aquatics

(2) Archery

(4) Athletics

(5) Badminton

(6) Baseball

(7) Basketball

(8) Billiard and Snookers

(9) BMX and Cycling

(10) Bowling

(11) Boxing

(13) Dancesport

(14) Fencing

(15) Floorball

(16) F ootball

(17) Futsal

(18) Handball

(19) Gymnastics

(20) Jiu-Jitsu

(22) Karatedo

(23) Lawn Tennis

(24) MuayThai

(25) PencakSilat

(26) Petanque

(29) Shooting

(30) Softball

(31) Soft Tennis

(32) Squash

(33) Table Tennis

(34) Taekwando

(35) Triathlon

(36) Volleyball

(37) Weightlifting

(38) Wrestling

Any other sport, with duly accredited and recognized national sports association, not listed herein, shall be made part of the PSTC sports training and development program, as deemed significant and necessary by the PSC.

SEC. 6. Administration,, Management, Operation and Maintenance of the PSTC. -' The PSC is vested with the authority to administer, manage, operate and maintain the PSTC including the administration of incidental income, security of the complex, assignment of personnel and hiring of managers, specialists, and other administrative staff as may be needed and as determined by the PSC: Provided, That the PSC shall employ professional and highly skilled managers with long and vast experience in sports administration and management to ensure the proper maintenance and upkeep of the PSTC and its facilities and other amenities.

SEC. 7. Ownership of the Philippine Sports Training Center. - The ownership of the PSTC, including its sports facilities and amenities, is hereby vested upon the PSC.

The Title of the land over which the PSTC is established shall be transferred to the PSC in accordance with law either by grant, donation, or payment of just compensation.

SEC. 8. Report to Congress. — The Chairman of the PSC shall submit a report to the Chairpersons of the House Committee on Youth and Sports Development and the Senate Committee on Sports on a quarterly basis regarding the status of the construction of the PSTC until the completion of the same.

SEC. 9. Deputy Executive Director. - There shall be a Deputy Executive Director who shall be appointed or designated as such by the PSC Chairperson, and shall direct and supervise the day-to-day operations of the PSTC. The Deputy Executive Director must be a citizen of the Republic of the Philippines, of good moral character, a college graduate and has at least five (5) years experience in sports administration.

The PSC Chairperson shall likewise appoint or designate other personnel to assist the Deputy Executive Director in the operations of the PSTC as deemed necessary.

SEC. 10. Assistance by the Government Entities. - The PSC may call upon any government agency for assistance in the acquisition and/or possession, including transfer of Title over the property where the PSTC will be located, in planning and site development of the property, in the management of the facilities that shall ensure its proper maintenance and safeguard the national athletes, coaches and staff in the PSTC, as well as, in the implementation of its training and skills program.

SEC. 11. Funding. - For the establishment and construction of the PSTC, the amount of Three billion five hundred million pesos (P3,500,000.00) is hereby appropriated and shall be included in the annual General Appropriations Act (GAA). Thereafter, the amount necessary to carry out other provisions of this Act, particularly for the maintenance, operation, and management of the PSTC shall be included in the budget of PSC in the GAA. Likewise, all incidental income that may be derived by the PSC in the management and operation of the PSTC shall form part of the National Sports Development Fund (NSDF).

SEC. 12. Implementing Rules and Regulations. - The PSC shall, in consultation and in coordination with the Department of Budget and Management and the Department of Public Works and Highways, promulgate not later than thirty (30) days upon the effectivity of this Act, the necessary rules and regulations for the effective implementation of this Act: Provided, That the failure to promulgate the rules and regulations shall not prevent the implementation of this Act upon its effectivity.

SEC. 13. Separability Clause. - If any provision of this Act is declared unconstitutional, the remainder of this Act or any provision not affected thereby shall remain in full force and effect.

SEC. 14. Repealing Clause. — All laws, decrees, orders, issuances, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

SEC.15. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

Approved,  

(SGD.) RODRIGO ROA DUTERTE   President of the Philippines   

Article 14 Philippine Constitution 1987: Education, Science and Technology, Arts, Culture, and Sports

• September 20, 2023
• LawGlobal Hub

Article 14 Philippine Constitution 1987

Table of Contents

Article 14 of the Philippine Constitution 1987 is about Education, Science and Technology, Arts, Culture, and Sports. It has 19 sections.

Article 14 Section 1 Philippine Constitution

The 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.

Article 14 Section 2 Philippine Constitution

The State shall:

(1) Establish, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of the people and society;

(2) Establish and maintain a system of free public education in the elementary and high school levels. Without limiting the natural right of parents to rear their children, elementary education is compulsory for all children of school age;

(3) Establish and maintain a system of scholarship grants, student loan programs, subsidies, and other incentives which shall be available to deserving students in both public and private schools, especially to the underprivileged;

(4) Encourage non-formal, informal, and indigenous learning systems, as well as self-learning, independent, and out-of-school study programs particularly those that respond to community needs; and

(5) Provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational efficiency, and other skills.

See also: Article 13 Philippine Constitution

Article 14 Section 3 Philippine Constitution

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

(2) They shall inculcate patriotism and 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, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency.

(3) At the option expressed in writing by the parents or guardians, religion shall be allowed to be taught to their children or wards in public elementary and high schools within the regular class hours by instructors designated or approved by the religious authorities of the religion to which the children or wards belong, without additional cost to the Government.

Article 14 Section 4 Philippine Constitution

(1) 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.

(2) 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 at least sixty per centum of the capital of which is owned by such citizens. The Congress may, however, require increased Filipino equity participation in all educational institutions.

The control and administration of educational institutions shall be vested in citizens of the Philippines.

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.

(3) 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. Upon the dissolution or cessation of the corporate existence of such institutions, their assets shall be disposed of in the manner provided by law.

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) 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.

Article 14 Section 5 Philippine Constitution

(1) The State shall take into account regional and sectoral needs and conditions and shall encourage local planning in the development of educational policies and programs.

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

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

(4) The State shall enhance the right of teachers to professional advancement. Non-teaching academic and non-academic personnel shall enjoy the protection of the State.

(5) 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.

Article 14 Section 6 Philippine Constitution

The national language of the Philippines is Filipino. As it evolves, it shall be further developed and enriched on the basis of existing Philippine and other languages.

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 a medium of official communication and as language of instruction in the educational system.

Article 14 Section 7 Philippine Constitution

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

The regional languages are the auxiliary official languages in the regions and shall serve as auxiliary media of instruction therein.

Spanish and Arabic shall be promoted on a voluntary and optional basis.

Article 14 Section 8 Philippine Constitution

This Constitution shall be promulgated in Filipino and English and shall be translated into major regional languages, Arabic, and Spanish.

Article 14 Section 9 Philippine Constitution

The Congress shall establish a national language commission composed of representatives of various regions and disciplines which shall undertake, coordinate, and promote researches for the development, propagation, and preservation of Filipino and other languages.

Science and Technology

Article 14 Section 10 Philippine Constitution

Science and technology are essential for national development and progress. 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.

See also: Article 12 Section 2 Philippine Constitution

Article 14 Section 11 Philippine Constitution

The Congress may provide for incentives, including tax deductions, to encourage private participation in programs of basic and applied scientific research. Scholarships, grants-in-aid, or other forms of incentives shall be provided to deserving science students, researchers, scientists, inventors, technologists, and specially gifted citizens.

Article 14 Section 12 Philippine Constitution

The State shall regulate the transfer and promote the adaptation of technology from all sources for the national benefit. It shall encourage the widest participation of private groups, local governments, and community-based organizations in the generation and utilization of science and technology.

Article 14 Section 13 Philippine Constitution

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.

Arts and Culture

Article 14 Section 14 Philippine Constitution

The State shall foster the preservation, enrichment, and dynamic evolution of a Filipino national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression.

Article 14 Section 15 Philippine Constitution

Arts and letters shall enjoy the patronage of the State. The State shall conserve, promote, and popularize the nation’s historical and cultural heritage and resources, as well as artistic creations.

Article 14 Section 16 Philippine Constitution

 All the country’s artistic and historic wealth constitutes the cultural treasure of the nation and shall be under the protection of the State which may regulate its disposition.

Article 14 Section 17 Philippine Constitution

The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies.

Article 14 Section 18 Philippine Constitution

(1) The State shall ensure equal access to cultural opportunities through the educational system, public or private cultural entities, scholarships, grants and other incentives, and community cultural centers, and other public venues.

(2) The State shall encourage and support researches and studies on the arts and culture.

Article 14 Section 19 Philippine Constitution

(1) The State shall promote physical education and encourage sports programs, league competitions, and amateur sports, including training for international competitions, to foster self-discipline, teamwork, and excellence  for the development of a healthy and alert citizenry.

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

See also: Indian 19 Indian Constitution

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What is Article 14 section 19 of the Philippine Constitution?

article 14, Section 19 of the Philippine constitution

(1) The State shall promote physical education and encourage sports programs, league competitions, and amateur sports, including training for international competitions, to foster self-discipline, teamwork, and excellence for the development of a healthy and alert citizenry.

(2) All educational institutions shall undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors. 1) The State shall promote physical education and encourage sports programs, league competitions, and amateur sports, including training for international competitions, to foster self-discipline, teamwork, and excellence for the development of a healthy and alert citizenry.

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

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