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