Legal Bases

8 August 2016

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: 1. Establish, maintain and support a complete, adequate and integrated system of education relevant to theneeds of the people and society;

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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; 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 system, as well as self- learning independent andout-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

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.

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. 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: 1. To achieve and maintain an accelerating rate of economic development and social progress. 2. To assure the maximum participation of all the people in the attainment and enjoyment of the benefits of such growth; and 3. 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 Section3 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) 1. 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. 3. The right to school guidance and counseling services. 4. The right to access to his owns school records and the confidentiality of it. 5. The right to issuance of official certificates, diplomas, transcript of records, grades, transfer credentials and other similar document within thirty days from request. 6. 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. 8. 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. 9. The right to be free from involuntary contributions except those approved by their organizations and societies. 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. 3. Establish join, maintain labor organization of their choice to promote their welfare and defend their interest.

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