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Constitutional Basis of Philippine Education

Constitutional Basis of Philippine Education

     There are three Articles in the Philippine Constitution of 1987 that deals, directly or indirectly, with the educational system in the Philippines. These are: Article II, Article XIV and Article XV.  Article II gives the declared policies of the State, Article XIV deals with education, science and technology, arts, culture and sports  and Article XV contains provisions for the family and Filipino children. What are the declared policies of the State insofar as education is concerned? The State declares in Article II, Sections 11, 12, 13, and 17 that:

     1.  it values the dignity of every human person and guarantees full respect for
          human rights;
     2.  it shall strengthen the family as a basic, self-governing social unit and
          protect the life of the mother and the life of the unborn from conception;
     3.  it shall provide support to parents in the rearing of their children
          for civic efficiency and the development of moral character;
     4.  it recognizes the vital role of the youth in the country's development;
     5.  it shall promote and protect the physical, moral, spiritual, intellectual and
          social well-being of the youth;
     6.  it makes education, science and technology, arts, culture and sports a priority of the State.

     With these declared policies, the State is mandated to provide a system of education for the Filipino children and the youth. The kind of education that is envisioned in the Constitution is "quality education,"  a "complete, adequate, and integrated system of education relevant to the needs of the people and society,"  and the State must ensure that all citizens can access this envisioned system of education (Article XIV, Section 1, and Article XIV, Section 2, Sub-section 1).  To achieve these goals, the Constitution (Article XIV):

     1.  mandates the State to provide for a free public elementary and secondary education;
     2.  mandates the State to provide scholarship grants, student loan programs, subsidies
          and other incentives to deserving and poor students;
     3.  requires all educational institutions to include the study of the Constitution in their curricula,
          inculcate patriotism and nationalism, foster love for humanity,
          promote respect for human rights and the appreciation of the role of national heroes  
          in the historical development of the country, teach the rights and duties of citizenship,
          and encourage critical and creative thinking;
     4.  mandates the State to manage and regulate, reasonably, all educational institutions;
     5.  orders the State to take into account regional and sectoral needs;
     6.  gives academic freedom to all institutions of higher learning;
     7.  ensures the right of all citizens to select a profession or course of study,
          subject to fair, reasonable and equitable academic requirements;
     8.  mandates the State to enhance the right of teachers to professional advancement;
     9.  mandates the State to give the highest budgetary priority to education;
   10.  provides that Filipino is the national language of the Philippines;
   11.  makes English and Filipino as the official languages;
   12.  mandates the State to give priority to research and development and innovation and
          to protect the rights of scientists, inventors, artists and other gifted citizens to their
          intellectual property rights;
   13.  mandates the State to preserve and enrich the Filipino national culture based on the
          principles of unity in diversity and free expression;
   14.  designates the State as patron of the arts and letters.
   15.  mandates the State to protect the rights of indigenous cultural communities
          and to use these rights as inputs for national plans and policies;
   16.  requires the State to support researches and studies on the arts and culture;
   17.  mandates the State to promote physical education and sports programs in order to instill
         self-discipline and foster teamwork and excellence for the development of a healthy and
         alert citizenry.

In addition to all of these, the State is also mandated to protect and defend the "right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development"  as well as the "right of families or family associations to participate in the planning and implementation of policies and programs that affect them" (Article XV, Section 3, Sub-sections 3 and 4).

 

REFERENCES

Books:

"The Constitutions Of The Philippines," Anvil Publishing Inc., 2005
"The Constitution Of The Philippines Explained," Revised Ed., 2000 Reprint,  Nolledo, Jose N., 1992
"The New Constitution Of The Philippines Annotated," Nolledo, Jose N., 1997

Pamphlet: Philippine Constitution

 
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