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Provisions on Education and Three Philippine Constitutions

Provisions on Education Found in Three Philippine Constitutions

     The last decade of the 19th century was a turbulent period in Philippine history. It was period of rapid transition brought about by the revolution which the katipunero (Filipino revolutionaries) started. The revolution against the Spanish colonial administration erupted in August, 1896, and it continued until 1898. By this time, the Filipinos have achieved the independence they were fighting for their country, and in 1899, the first Philippine constitution was penned. This was known as the Malolos Constitution of 1899, which declared that the Philippines was a free and independent state. Naturally, the provisions of the Constitution were centered on the promotion of this declaration; one of these provisions dealt with the creation of the council of government. The Malolos Constitution mandated the State to create seven cabinet positions that included Public Education, Finance, Interior, Communications and Public Works,   Agriculture, Industry and Commerce,  Foreign Relations,  and  War and Marine (Article IX, Section 73).

     A new war broke out in 1901 when the Americans started to occupy the country. This was the war for independence waged by Filipinos against the American imperialist forces. The Americans won because of their superior firepower, and they became the new foreign masters and ruled the country until 1946. It was during the American occupation of the Philippine Islands that a new constitution was created. This was the Philippine Constitution of 1935, and it reaffirmed the existence of the Public Education Department as legal (Article VII, Section 11, Sub-section 1). It also contained two new provisions related to  education. One was a declared principle of the State which was to provide aid and support to parents in their natural right and duty in rearing the youth for civic efficiency (Article II, Section 4). The other involved exemption from taxation of cemeteries, churches, convents, lands, buildings and improvements used exclusively for religious, charitable or educational purposes (Article VI, Section 22, Sub-section 3).

     World War II broke out in 1941, and the Japanese imperial forces became the new colonizers of the Philippines. The war ended in 1945, and in 1946, the Philippines, once more, became a free and independent state. More than twenty-five years later, a new constitution was written. This was the Philippine Constitution of 1973, and it contained a good number of provisions on education. Most of these provisions were stated in Article XV on General Provisions but some provisions were placed in Article II which was the "Declaration of Principles and State Policies." It was the declared principles and policies of the State (Article II, Sections 4-7) to:

     1.  strengthen the family as a basic social institution;
     2.  aid and support parents in their natural right and duty in rearing the youth
          for civic efficiency and the development of moral character;
     3.  recognize the vital role of the youth in nation-building and promote their
          physical, intellectual, social, moral and spiritual well-being;
     4.  promote social justice; and
     5.  establish, maintain and ensure adequate social services in education.

Article XV (General Provisions) contained the envisioned system of Philippine education, which was "a complete, adequate, and integrated system of education relevant to the goals of national development." The Philippine Constitution of 1973 (Article XV, Sections 8-11):

     1.  mandated the State to regulate all educational institutions;
     2.  granted academic freedom to all institutions of higher learning;
     3.  required the study of the Constitution in all schools;
     4.  mandated the State to maintain a system of free public elementary education,
          provide citizenship and vocational training to adult citizens and out-of-school youth,
          and establish and maintain a system of scholarship to poor and deserving students;
     5.  mandated the State to promote scientific research and invention and to give priority
          to science and technology;
     6.  made it essential to preserve and develop the Filipino culture for national identity;
     7.  designated the State as patron of the arts and letters;
     8.  ensured the protection of the rights of investors, authors and artists to their inventions
          writings and artistic creations;
     9.  mandated the State to provide scholarships, grants-in-aid or other forms of incentive
          to specially gifted children; and
   10.  mandated the State to take into account the customs, traditions, beliefs and interests of
          cultural communities in the formulation and implementation of state policies.

 

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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