The CONSTITUTION-legal foundations of Education

8/19/2019 The CONSTITUTION-legal foundations of Education

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Presented by:

Ma. Aiza S.P. S

CONSTITU

O


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Objectives:

At the end of the report, we will be able t identify Constitutional provisions that

as basis or foundation of Philippine

Educational system; and

cite examples or evidences of implica

these Constitutional provisions in our

educational settin!


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THE FIRST DUTY OF A

O!ERNMENT IS TOI!E EDUCATION TO

THE PEOP"E.

- Simõn Bolivar


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Education and the State

• "n a democratic state li#e the Philippines, it

essential that the citi$ens are literate,socially responsible, useful and law%abidin

• A very sinificant factor in education in our

country is the assinment of the ultimate

responsibility for the education of the citizen

to the government.


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A Glimpse at History…

What are theConstitutiona provisions on

education in th previous

Constitutions


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PHILIPPINE CONSTITUTION

OF 1935

& Reaffirmed the existence of Public EducDepartment as legal (Art. VII, Sec. , Su

& Pro#ide aid and support to parents in rea

$outh for ci#il efficienc$ (Art. II, Sec. %"

& Exemption from taxation of buildings an

impro#ements used exclusi#el$ for educ

purposes (Art. VI, Sec. &&, Sub!sec. '"


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Philippine Constitution o Article II, Sections !7

• "ocused on stren#thenin# the family as

institution$ reco#ni%in# the &ital role of in nation!'uildin# and promotin# their intellectual, social, moral and spiritual and esta'lishin#, maintainin# and ensuade)uate social ser&ices in education*

Article +, Sec* -!11• .complete, ade)uate, and inte#rated s

education rele&ant to the #oals of natiode&elopment/


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0H 19-7C2S0I040I2


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The Constitution of the Philippi

• 'he Constitution provides what the

nature of educational system in thePhilippines shall be!

• 'he educational system as

envisioned in the Constitution is asystem that is national in scope with

public and private schools as

subsystems!


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Constitutional 5asis ofPhilippine ducation

&There are three Articles in the Philippine Constitu1987 that deals, directly or indirectly, with the edsystem in the Philippines. These are:

Article II! De#$ared Po$i#ies o% t&

Article +I! Ed'#ation( S#ien#e aTe#&no$o)y( Arts( C'$t're( and

Article +! Pro+isions %or t&e Fa

and Fi$i*ino C&i$dren

C


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A60IC II,SC0I2S 11, 18, 13,and 17

• 'he (tate declares that:

1* it &alues the di#nity of e&ery humperson and #uarantees full respect human ri#hts$

8* it shall stren#then the family as aself! #o&ernin# social unit and prlife of the mother and the life of tun'orn from conception$

3* it shall pro&ide support to parent

A60IC II


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A60IC II,SC0I2S 11, 18, 13,and 17

• 0he State declares that; (cont.)

* it reco#ni%es the &ital role of the ythe country


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With these declared

policies, the State is

mandated to provide

a system ofeducation for the

Filipino children and

the youth.

What k

educat

envisioneConstitu


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0he ?ind of education that is en&in the Constitution is @)uality educat

"complete, adequate, and intesystem of education relevant to theof the people and society," and th

must ensure that all citi%ens can this en&isioned system of education*


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0o achie&e these #oals, the Constpro&ides the follo(in# le#al 'ases

A60IC +IEDUCATION( SCIENCE AND

TECHNO"OY( ARTS(CU"TURE AND SPORTS


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A60IC +I EDC!#$%, &C#E%CE !%D EC'%$C+E !%D &$+&

Section 1

he &tate shall protect an promote the right of all citi-e

quality education at all levelsshall tae appropriate steps mae such education access

all


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Complete, ade)uate, and inte#rated syste

education rele&ant to the needs of the soci

"ree pu'lic education in the elementary anschool (ithout limitin# the natural ri#ht andthe parents to rear their children for ci&ic e:and de&elopment of moral

character* lementary education

is compulsory for all children

of school a#e* 8*8B

Section 8 stipulates thefollo(in#;


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Scholarship #rants, loans, su'sidies aincenti&es to deser&in# students inpri&ate and pu'lic schools* (0.1)2

on!formal, formal, and indi#enous lesystems as (ell as self!learnin#, indep

and out!of!school study pro#rams, ethose that respond to community ne(0.3)2 and

Ci&ic, &ocational and other s?ills train

adults, disa'led citi%ens, and out! of !s

Section 8 stipulates the follo(in#;(cont.)


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Se#tion - enera$ C'rri#'$ar Pro+ision

All educational institutions shall include th

of the Constitution as part of the curricula

Inculcation of &aluePatriotis,

Nationa$is,"o+e o% &',anity

Res*e#t o% &',an ri)&ts

*re#iation o% t&e ro$e o% t&e nationa$ &eroesStren)t&en et&i#a$ and s*irit'a$ +a$'esMora$ #&ara#ter and *ersona$ dis#i*$ine

Criti#a$ and #reati+e t&in/in)S#ienti0# and te#&no$o)i#a$ /no1$ed)e

!o#ationa$ e2#ien#y


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2ptional reli#iousinstruction in

pu'lic schools(1.1)

Se#tion - enera$ C'rri#'$ar Pr

Section Super&ision and 6e#ul


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Section ! Super&ision and 6e#ulof Schools

& 0he State reco#ni%es the complementary rolepu'lic and pri&ate institutions in the educatio

system and shall eercise reasona'le super&and re#ulation of all educational institutions

& ducational institutions, other than thoseesta'lished 'y reli#ious #roups and mission

'oards, shall 'e o(ned solely 'y citi%ens of tPhilippines or corporations or associations of at least sity percent of the capital is o(ned such citi%en *8aB


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Section ! Super&ision and 6e#ul


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Section ! Super&ision and 6e#ulof Schools

& All re&enues and assets of non! stoc?, non! peducational institutions used actually, directl

eclusi&ely for educational purposes shall 'eeempt from taes and duties* Proprietaryeducational institutions, includin# thosecooperati&ely o(ned, may li?e(ise 'e entitle

such eemptions su'Eect to the limitationspro&ided 'y la( includin# restrictions on di&iand pro&isions for rein&estment* *3B

& Su'Eect to conditions prescri'ed 'y la(, all #

endo(ments, donations or contri'utions used

S ti 5 t t th f ll i i


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Section 5 states the folloin! provi• 'a#e into account reional and sectoral needs and

encourae local plannin in the development of ed

policies and prorams! )*!+• Academic freedom shall be enjoyed in all institution

learnin! )*!-

• Every citi$en has a riht to select a profession or co

study, subject to fair, reasonable and e.uitable admacademic re.uirements! )*!/

S ti 5 t t th f ll i i


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Section 5 states the folloin! provi• Enhance the riht of teachers to professional adva

0on% teachin academic and non%academic person

enjoy the protection of the (tate!• 'he (tate shall assin the hihest budetary priorit

education and ensure that teachin will attract and

rihtful share of the best available talents throuh a

remuneration and other means of job satisfaction afulfillment!

AG4AG Sec >


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AG4AG Sec* >

"ilipino is the national lan#ua#e of the state ansu'Eect to pro&isions of la( and as the Con#redeem appropriate, the Go&ernment shall ta?e

initiate and sustain the use of "ilipino as the mof communication and lan#ua#e of instruction educational system Sec* >B*

"or purposes of communication and instructiono:cial lan#ua#es of the Philippines are "ilipinountil other(ise pro&ided 'y la(, n#lish$

6e#ional lan#ua#es are auiliary o:cial lan#uand shall ser&e as auiliary media of instructiotherein* Sec* 7B

SC#E$CE %$& TEC'$()(*+


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SC#E$CE %$& TEC'$()(*+• 'he (tate shall ive priority to research and developm

invention( innovation( and their utilization- and to scien

technology education( training( and services. "t shall s

indienous, appropriate, and self%reliant scientific and

technoloical capabilities, and their application to the

productive systems and national life! $)ec. 1,

• (cholarships, rants%in%a

forms of incentives shall b

to deservin science stud

researchers, scientists, in

technoloists, and specia

citi$ens! $)ec. 11,

SC#E$CE %$& TEC'$()(*+


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SC#E$CE %$& TEC'$()(*+

• 'he (tate shall protect and secure the exclus

rihts of scientists, inventors, artists, and othciti$ens to their intellectual property and crea

particularly when beneficial to the people, for

period as may be provided by law! $)ec. 1+,

A60S AF C4046


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A60S AF C4046

• preser&e and enrich the "ilipino national culton the principles of unity in di&ersity and free

epression$ Sec* 1B• desi#nates the State as patron of the arts an 0he State shall conser&e, promote, and popunations historical and cultural herita#e and r

as (ell as artistic creations$ Sec* 1=B• Protect the countrys artistic and historic (ea

1>B

• protect the ri#hts of indi#enous cultural com

and to use these ri#hts as inputs for national


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SP260S Sec* 19B

• promote physical education and sports pro#rorder to instill self!discipline and foster teamecellence for the de&elopment of a healthy citi%enry* Sec* 19*1B

•All educational institutions shall underta?e resports acti&ities throu#hout the country in co(ith athletic clu's and other sectors* Sec* 1

Article 23 Provisions for the 4amily and 4ilipin


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Article 23 % Provisions for the 4amily and 4ilipin

In addition to all of these, the State is alsomandated to protect and defend the @right oto assistance, including proper care and nutrspecial protection from all forms of neglect, cruelty, e6ploitation, and other conditions prto their development" as (ell as the "right o

or family associations to participate in the pland implementation of policies and programa8ect them9

Article +, Section 3, Su'!sections 3 and B


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nsi)&ts

3'estions

S&are4 S&are4S&are4


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T&an/

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The CONSTITUTION-legal foundations of Education