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