Legal and Philosophical Foundations of Education in the Philippines

Legal Bases of Education in the Philippines

Laws and Acts

  • RA 7836 - Philippine Teacher Professionalization Act of 1994:
    • Strengthens regulation and supervision of teaching practice.
    • Prescribes a licensure examination for teachers.
  • RA 7796 - TESDA Act of 1994:
    • Creates the Technical Education and Skills Development Authority (TESDA).
    • Defines its powers and structure.
  • Article XIV, 1987 Philippine Constitution (Education, Science, Technology, Arts, Culture & Sports):
    • Fundamental legal basis of education in the Philippines.
    • The State shall protect and promote the right of all citizens to quality education at all levels and make education accessible to all.
  • Education Act of 1982 (Batas Pambansa 232, Sept 11, 1982):
    • Provides for the establishment and maintenance of an integrated system of education.
  • RA 4670 - Magna Carta for Public School Teachers (June 18, 1966):
    • Protects the rights of public school teachers.
    • Covers tenure of office, academic freedom, tax reliefs, and other benefits.
  • RA 6713 - Code of Conduct & Ethical Standards for Public Officials and Employees:
    • Public officials and employees must be accountable to the people.
    • They shall discharge duties with responsibility, integrity, competence, and loyalty.
    • Act with patriotism and justice, lead modest lives, and uphold public interest.
  • RA 7877 - Anti-Sexual Harassment Act of 1995:
    • Declares sexual harassment unlawful in employment, education, or training environments.
  • RA 9155 - Governance of Basic Education Act of 2001:
    • Legal basis of shared governance in basic education and decentralization.
    • Provides framework for principal empowerment and local school-based management.
    • Emphasizes transparency and local accountability.
  • RA 7784 - Establishment of Center of Excellence:
    • Strengthens teacher education by establishing centers of excellence.
    • Creates a teacher education council.
  • K-12 Curriculum - Enhanced Basic Education Curriculum:
    • Aims to align the Philippine education system with international standards via a 12-year basic education program.
    • Enhances employability, entrepreneurship, and higher education prospects.
  • RA 10351 -- Sin Tax Reform Law
  • RA 90210:
    • Integrates information technology into public elementary and secondary curricula.
  • RA 10121 - DRMM Act of 2010:
    • Strengthens the Philippine disaster risk reduction and management system.
    • Provides a national framework and plan, managed by the Office of Civil Defense (OCD).
  • RA 7610 - Anti-Child Abuse:
    • Defines a child as anyone below 18 years old.
    • Also includes individuals over 18 who cannot fully care for themselves due to physical or mental disability.
  • RA 7160 - Local Government Code:
    • Focuses on general welfare.
    • Local government units exercise granted powers for efficient governance and promotion of general welfare.
  • RA 9262 - Violence Against Women and Children:
    • Expands protection to women and children.
    • Includes psychological violence committed through electronic devices or ICT.
  • RA 1425 - Batas ni Rizal:
    • Requires all public and private schools, colleges, and universities to include courses on the life, works, and writings of Jose Rizal.
    • Specifically mentions his novels Noli Me Tangere and El Filibusterismo.
  • RA 10533 - K-12 Curriculum (Enhanced Basic Education Act of 2013):
    • Expanded basic education from 10 to 12 years.
    • Mandates the Department of Education (DepEd) to formulate programs for the law's enactment.
  • RA 9293:
    • Concerns the qualification of teachers, applicants, and registration (amendment to the Philippine Teachers Professionalization Act of 1994).
  • RA 7722 - CHED:
    • Creates the Commission on Higher Education.
    • Separates colleges and universities from the Department of Education.
    • Grants independence, academic freedom, and policymaking rights.
  • RA 9994 - Expanded Senior Citizens Act:
    • Trains community-based health workers among senior citizens and health personnel in geriatric care.
    • Harmonizes the national health program for senior citizens with the National Prevention of Blindness Program of the DOH.
  • RA 7277 - Disabilities Act:
    • Provides for the rehabilitation, self-development, and self-reliance of disabled persons and their integration into society.
  • RA 8049 - Anti-Hazing Law (Fraternity):
    • Regulates hazing and initiation rites in fraternities and sororities.
    • Prohibits and penalizes physical harm and violence.
  • RA 137 - Board of Textbooks:
    • Mandates that public schools use only books approved by the board for six years from their adoption date.
  • RA 1079 - Commonwealth Act No. 117:
    • Civil Service Eligibility is permanent and valid throughout a person’s lifetime.
  • RA 6728:
    • Provides government assistance to students and teachers in private education through scholarship programs.
  • RA 7743:
    • Mandates the establishment of public libraries and reading centers in every barangay and municipality.
  • RA 7796 - The TESDA Law:
    • Focuses on the formulation of a comprehensive development plan for middle-level manpower based on the National Technical Education and Skills Development Plan.
  • Executive Order No. 27:
    • Mandates the inclusion of subject courses on human rights in school curricula, textbooks, and other reading materials.
  • Executive Order No. 189:
    • Places all public Secondary School teachers under the administrative supervision and control of DECS.
  • Presidential Decree No. 6-A - Educational Development Decree of 1972:
    • Aims to strengthen national consciousness and promote desirable cultural values.
    • Seeks to respond effectively to changing needs through educational planning and evaluation.
  • Presidential Decree No. 146:
    • Requires ALL senior high school students to pass the National College Entrance Examination (NCEE) as a prerequisite for admission to any post-secondary academic or professional degree program.
  • Presidential Decree No. 451:
    • Repealed R.A No. 6139 and authorized the Sec. of Education and Culture to regulate the imposition of tuition fee and other school fees in all private educational institutions.
  • Presidential Decree No. 688:
    • Gave the Civil Service Commission the power and authority to give the appropriate examination for all public school teachers.
  • Presidential Decree No. 1139:
    • Created the position of Undersecretary for Non-Formal Education to oversee non-formal education programs of DECS.
  • Department Order No. 1, s.1973:
    • Reiterates the policy on the use of locally published textbooks of Filipino authorship in all levels of education, both public and private.
  • Department Order No. 25, s.1974:
    • Concerns the implementation of the Bilingual Education Program which mandates the use of English and Filipino as separate media of instruction.
  • MEC Order No. 22, s.1978:
    • Mandates that ALL institutions shall offer at least six (6) units of Filipino in all curricular programs starting the first semester of school year 1979-1980.
  • DECS Order No. 30, s. 1993:
    • Provided for a National Elementary Achievement Test (NEAT) for ALL grade six pupils in Public and Private schools.
  • DECS Order No. 38, s. 1994:
    • Provided for a National Secondary Assessment Test (NSAT) to be administered to ALL graduating public and private high school.
  • Republic Act No. 1265:
    • The Law on the Observance of Flag Ceremony
  • Executive Order No. 200, sec.3:
    • The Law prohibits fund raising in school.
  • BATAS PAMBANSA BLG. 232, sec. 13:2 / 1987 CONSTITUTION, ARTICLE XIV, sec 5:2,/ 1973 CONSTITUTION, ARTICLE XV, sec. 8:2
    • the Law recognizes Academic Freedom or better known as the Education Act of 1982 provides the latest and more specific provision on rights, duties and parents relation to education. The provisions under Rule 11 and 111 of the law will enhance further the promotion of discipline in the educational communities.
  • MANUAL OF REGULATION FOR PRIVATE SCHOOL, sec 48-49
    • the Law requires to have a fixed calendar. This Department hereby issues the enclosed “2010 Revised Manual of Regulations for Private Schools in Basic Education” (2010 Revised Manual for brevity) for the guidance and compliance of all concerned stakeholders in basic private education.
  • 1992 MANUAL OF REGULATION FOR PRIVATE SCHOOL, sec. 44-47
    • the Law on Education specifies faculty qualification
  • R.A No. 1054 AS AMMENDED BY P.D.’s Nos. 442, 570-A, 622, AND 643
    • the Law requires Education to provide Medical and Dental Services
  • CIVIL CODE, ARTICLE 349
    • the Law considers teachers, professors, and administrators to be in LOCO PARENTIS to their pupils and students
  • 1987 CONSTITUTIONS ARTICLE XIV, sec. 5:4
    • the Law requires Education to provide professional advancement teachers
  • Republic Act No. 6728
    • Shall be known as the “Government Assistance to Students and Teachers In Private Education Act.”
  • Republic Act No. 7743
    • act providing libraries and reading centers throughout the Ph.
  • Republic Act No. 7877
    • anti-sexual harassment act of 1995
  • Republic Act No. 9163
    • NSTP of 2001
  • Republic Act No. 6193
    • regulation of tuition fees of private educ. institution
  • Republic Act No. 10627
    • anti-bullying act of 2013
  • Republic Act No. 10533
    • enhance basic educ. act of 2013 (K-12 PROGRAM)
  • Republic Act No. 9485
    • anti-red tape act

Prohibited Publications (Revised Penal Code of the Philippines)

  • Article 138 – inciting the people to rebellion
  • Article 142 – Seditious Libel
  • Article 154 – unlawful utterances
  • Article 201 – Immoral Doctrine, obscene publication and exhibition
  • Article 356 – threatening to publish and offering the prevent publication of an article for a certain fee
  • Article 357 – acts in the official proceedings that are prohibited to be published
  • Article 362 – Libelous remarks

Other Relevant Acts

  • RA 6655: Free public secondary act of 1988
  • RA 4090: Creating a state scholarship council to integrate, systematize, administer and implement programs
  • RA 5447: Creation of a Special Education fund act enacted in 1968
  • RA 6139: regulated the secretarian schools/private school in charging higher tuition fee
  • RA 7687: science and technology scholarship act of 1994
  • RA 8292: higher educ. modernization act of 1997
  • RA 6850: an act to grant Civil Service eligibility under certain conditions
  • RA 8545: amending RA 7628 Expanded GASTPE Act
  • RA 8525: Adopt a school program
  • RA 8491: Flag and Heraldic code of the Ph.
  • RA 7797: lengthen the school prog. to 200 days and not more than 220 days
  • RA 8190: act of granting priority to residents of the brgy
  • RA 6972: act of stablishing DAY CARE CENTER FOR EVERY BRGY.
  • RA 7624: integrating of drug prevention and control in the intermediate & secondary curricula and indigenous learning system
  • RA 9163: National Service Training Program (NSTP) of 2001
  • Executive Order (E.O.) 66: rule of cancellation of classes due to typhoon, flooding and other calamities.
  • R. A. 9293: Amendments of act 7836 - Number of units in professional education required of non-education. graduates. Registration of those engaged in teaching without examination. Required rating for para-teachers.
  • R. A. 10912: CPD/CPE (1006-15/45 units) - otherwise known as the “Continuing Professional Development (CPD) Act of 2016”, is an act which requires CPD as the mandatory requirement for the renewal of Professional Identification Card.
  • R. A. 7277: Disabled Person - an act providing for the rehabilitation, self-development
  • R. A. 8980: Early Childhood Care and Development - otherwise known as the ECCD Act
    • defines the rights of children to survival, development and special protection with full recognition of the nature of childhood and its special needs and to support parents in their roles as primary caregivers and as their children's first teachers.
  • R. A. 7610: Anti-Child Abuse - an act providing for stronger deterrence and special protection against child abuse, exploitation and discrimination, providing penalties for its violation and for other purposes.
  • R. A. 10627: Anti-Bullying - otherwise known as the “Anti-Bullying Act of 2013,” was enacted to address the growing incidence of bullying inside school premises, locations adjacent to the school, in school-related or -sponsored activities, and by means of technology or any electronic means
  • R. A. 4670: Magna Carta for Public School Teacher - shall apply to all public school teachers except those in the professorial staff of state colleges and universities.
  • R. A. 8353: Anti-Rape - an act expanding the definition of the crime of rape, reclassifying the same as a crime against persons, amending for the purpose act no. 3815, as amended, otherwise known as the revised penal code, and for the purposes.
  • R. A. 9208: Anti-Human Trafficking - An Act to institute policies to eliminate trafficking in persons especially women and children, establishing the necessary institutional mechanisms for the protection and support of trafficked persons, providing penalties for its violations, and for other purposes.
  • R. A. 7867: DOST - provides scholarship slots to poor but deserving students whose families’ annual gross incomes do not exceed the poverty threshold limit. The scholar must pursue a course in the field of science, mathematics and engineering leading to a Bachelor of Science degree.
  • R. A. 7880: EFA - also known as the “Fair and Equitable Access to Education Act,” with the end view of eliminating the recurring problem of classroom shortages in the country, as well as enhancing the process of construction, rehabilitation, replacement, completion, and repair of needed school buildings and classrooms.
  • R. A. 9520: Cooperative - This Act shall be known as the “Philippine Cooperative Code of 2008”

Educational Philosophers and Their Theories

  • Aaron T. Beck:
    • Termed “automatic thoughts”.
    • Discovered negative ideas about self, the world, and the future.
    • Best known for “Beck Depression Inventory” & “Beck Anxiety Inventory”.
  • Abraham Maslow:
    • Hierarchy of Needs
  • Albert Bandura:
    • Social Learning Theory – knowledge acquisition is directly correlated to the observation of models. Effective modeling teaches general rules and strategies for various situations.
  • Albert Ellis:
    • Developed Rational Emotive Behavior Therapy (REBT), an early form of cognitive behavioral therapy.
    • Played an important role in the cognitive revolution in psychotherapy.
    • Best known for his A-B-C model.
  • Anthony Gregorc:
    • Mind Styles Model
  • Benjamin Bloom:
    • Taxonomy of Learning Theory
  • B.F. Skinner:
    • Principle of Reinforcement (Operant Conditioning) – devised ways of delivering reinforcements.
    • Best known for his Skinner Box (operant conditioning chamber) for examining the natural flow of behavior in animals.
    • behavior that is followed by pleasant consequences is likely to be repeated and behavior followed by unpleasant consequences is less likely to be repeated.
  • Carl Jung:
    • Proposed the unconscious consists of two layers: personal and collective unconscious.
    • Termed “archetypes” as images and thoughts with universal meanings across cultures.
    • Proposed “shadow” (similar to “Id”) as a source of creative and destructive energy.
  • Carl Ransom Rogers:
    • Person-centered Approach
    • Believed people need to be valued as themselves to grow and fulfill their potential.
  • Charles Spearman:
    • Model for Human Intelligence
    • Idea that intelligent behavior is generated by a single, unitary quality within the human mind or brain.
  • David A. Kolb:
    • Experiential Learning, Learning Style Inventory (LSI) – The LSI describes how you learn and deal with ideas and situations.
  • Dylan Wiliam:
    • Assessment for Learning (AFL) – defined as the process of seeking and interpreting evidence.
    • Learners and teachers use AFL to decide where they are in their learning, where they need to go, and how to get there.
  • Edward de Bono:
    • Lateral Thinking, Six Thinking Hats
  • Edward Lee Thorndike:
    • Connectionism Theory
    • Based on active learning and forming associations between a stimulus and a response.
  • Elizabeth Loftus:
    • Misinformation Effect – memory impairment due to exposure to misleading information.
    • Focused on eyewitness memory.
    • Identified four major reasons why people forget.
  • Erik Erikson:
    • Stages of Psychological Development
    • Believed ‘identity crises’ was the important conflict that most people face in the process of development.
  • Friedrich Wilhelm August Frobel:
    • Concept of the “Kindergarten” – a pre-school system where children are taught through creative play, social interaction, and natural expressions.
    • Kindergarten means 'Garden of children' in German.
  • Howard Gardner:
    • Multiple Intelligence Theory
    • Believed the conventional concept of intelligence was too narrow and restrictive.
  • Ivan Pavlov:
    • Classical Conditioning – learning through association.
    • Linking two stimuli to produce a new learned response.
  • Jack Mezinow:
    • Founder of Transformative Learning
    • Used theory to describe how people develop and use critical self-reflection to consider their beliefs and experiences, and over time, change dysfunctional means of seeing the world.
  • Jean Piaget:
    • Theory of Cognitive Development
    • Pioneered in studying child development.
    • Basic components include schemas, equilibrium, assimilation, accommodation, and stages of cognitive development.
  • John Dewey:
    • Learning by Doing, Father of Functional Psychology
    • Hands-on approach where students interact with their environment to adapt and learn.
  • John Bowlby:
    • Attachment Theory.
    • Infants have an innate need to form an attachment bond with a caregiver.
    • The earliest bonds formed by children with their caregivers have a great impact that continues throughout life.
  • John Hattie:
    • Visual Learning
    • Students are taught to know what they need to learn, how to learn it, and how to evaluate their own progress.
    • Teachers evaluate their own impact on student learning.
  • Karen Horney:
    • Founder of Feminine Psychiatry
    • Studied how gender power imbalance affected development of psychological theories.
    • Viewed neurosis as a type of coping mechanism.
  • Lev Vygotsky:
    • Social Development Theory
    • Stressed the role of social interaction in the development of cognition.
    • Believed language develops from social interaction and plays an important role in cognitive development.
    • Important principle-zone of proximal development.
  • Loris Malaguzzi:
    • Reggio Emilia Approach
    • Child-centered early educational philosophy that hinges on the belief that children are powerful and capable individuals, with the ability and desire to construct their own knowledge.
  • Maria Montesorri:
    • Montesorri Method of Education
    • Provide a planned, stimulating environment which will help the child develop an excellent foundation for creative learning.