REPUBLIC ACT NO. 7798
.
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AN ACT AMENDING SECTION 25 OF BATAS PAMBANSA BLG. 232, OTHERWISE KNOWN AS THE "EDUCATION ACT OF 1982"
SECTION 1. Section 25, Chapter 3 of the Education Act of 1982 is hereby amended to read as follows:chan robles virtual law library
"Sec. 25. Establishment of Schools. — All schools shall be established in accordance with law.The establishment of new national schools and the conversion of existing schools from elementary to national secondary schools or from secondary to national secondary or tertiary schools shall be by law: Provided, That any private school proposed to be established must incorporate as either a non-stock or a stock educational corporation in accordance with the provisions of the Corporation Code of the Philippines.This requirement to incorporate may be waived in the case of family-administered pre-school institutions.
"Provided, That the minimum paid-up capital for stock educational institutions for those engaged in elementary education shall not be less than One million pesos (P1,000,000.00); not less than Two million five hundred thousand pesos (P2,500,000.00) for those offering both elementary and secondary education; and not less than Five million pesos (P5,000,000.00) for those offering elementary, secondary and tertiary and postgraduate courses, except existing educational institutions organized as stock corporations which may retain their original capitalization.chan robles virtual law library
"Existing educational institutions organized as stock corporations may automatically apply for renewal of their corporate existence when the original period is about to expire.
"Provided, finally, That stock educational institutions may be allowed only in capital-intensive courses of study as may be determined by the Department of Education, Culture and Sports, the Commission on Higher Education, and the Department of Science and Technology, as the case may be.
"Any school that is established or organized as a stock corporation shall be ineligible for any form of government subsidy, incentive or assistance, except those given to individual students and teachers in the form of scholarships, student loans or other forms of subsidy as already mandated under existing laws.Government assistance to non-stock schools for educational programs shall be used exclusively for that purpose. chan robles virtual law library
"Taxes shall not be due on donations to educational corporations."
Sec. 2. The Department of Education, Culture and Sports and the Commission on Higher Education, as the case may be, are hereby authorized to formulate within sixty (60) days from the approval of this Act implementing rules and guidelines governing the establishment and operation of stock educational corporations that may be organized pursuant to this Act with particular emphasis on meeting the objectives of quality education and academic excellence provided for by the provisions of Batas Pambansa Blg. 232, otherwise known as the Education Act of 1982.
Sec. 3. All laws, rules and ordinances inconsistent with this Act are hereby repealed or modified accordingly.
Sec. 4. This Act shall take effect fifteen (15) days after its publication in at least two (2) national newspapers of general circulation.
Approved: August 25, 1994
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Friday, January 20, 2012
GOVERNMENT ASSISTANCE TO STUDENTS... Batas Pambansa 232
D. ASSISTANCE TO STUDENTS
Section 51. Government Assistance to Students - The government shall provide financial assistance to financially disadvantaged and deserving students. Such assistance may be in the form of State scholarships, grants-in-aid, assistance from the Educational Loan Fund, or subsidized tuition rates in State colleges and universities.
All the above and similar assistance programs shall provide for reserve quotas for financially needed but academically qualified students from the national cultural communities.
Section 52. Grant of Scholarship Pursuant to Existing Laws - Educational institutions shall be encouraged to grant scholarships to students pursuant to the provisions of existing laws and such scholarship measures as may hereafter be provided for by law.
Section 53. Assistance from the Private Sector - The private sector, especially educational institutions, business and industry, shall be encouraged to grant financial assistance to students, especially those undertaking research in the fields of science and technology or in such projects as may be necessary within the context of national development.
http://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.html
Section 51. Government Assistance to Students - The government shall provide financial assistance to financially disadvantaged and deserving students. Such assistance may be in the form of State scholarships, grants-in-aid, assistance from the Educational Loan Fund, or subsidized tuition rates in State colleges and universities.
All the above and similar assistance programs shall provide for reserve quotas for financially needed but academically qualified students from the national cultural communities.
Section 52. Grant of Scholarship Pursuant to Existing Laws - Educational institutions shall be encouraged to grant scholarships to students pursuant to the provisions of existing laws and such scholarship measures as may hereafter be provided for by law.
Section 53. Assistance from the Private Sector - The private sector, especially educational institutions, business and industry, shall be encouraged to grant financial assistance to students, especially those undertaking research in the fields of science and technology or in such projects as may be necessary within the context of national development.
http://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.html
INCENTIVES TO EDUCATION.... Batas Pambansa 232
C. INCENTIVES TO EDUCATION
Section 45. Declaration of Policy - It is the policy of the State in the pursuit of its national education development goals to provide an incentive program to encourage the participation of the community in the development of the educational sector.
Section 46. Relating to School Property - Real property, such as lands, buildings and other improvements thereon used actually, directly and exclusively for educational purposes shall be subject to the real property tax based on an assessment of fifteen per cent of the market value of such property: Provided, That all the proceeds from the payment thereof shall accrue to a special private education fund which shall be managed and disbursed by a local private school board which shall be constituted in each municipality or chartered city with private educational institutions with the mayor or his representative as chairman and not more than two representatives of the institutional taxpayers, and, likewise, not more than two residents of the municipality or chartered city who are alumni of any of the institutional taxpayers as members: Provided, further, That fifty percent of the additional one percent tax on real estate property provided for under Republic Act 5447, shall accrue to the special private education fund: Provided, finally, That in municipalities or chartered cities wherein the number of private institutions with individual enrollment of pupils and students over five thousand exceeds fifteen, the members of the private school board shall be increased to not more than fourteen members determined proportionately by the Minister of Education, Culture and Sports. The private school board shall adopt its own rules which shall enable it to finance the annual programs and projects of each institutional taxpayer for the following purposes; student-pupil scholarships; improvement of instructional, including laboratory, facilities and/or equipment; library books and periodicals acquisition; and extension service in the community, in that order of priority.
Section 47. Relating to Gifts or Donations to Schools - All gifts or donation in favor of any school, college or university recognized by the Government shall not be subject to tax; Provided, That such gifts or donations shall be for improvement of classrooms and laboratory of library facilities, and shall not inure to the benefit of any officer, director, official, or owner or owners of the school, or paid out as salary, adjustments or allowance of any form or nature whatsoever, except in support of faculty and/or professorial chairs.
Section 48. Relating to Earnings from Established Scholarship Funds - All earnings from the investment of any duly established scholarship fund of any school recognized by the government, constituted from gifts to the school, and/or from contributions or other resources assigned to said fund by the school, if said earnings are actually used to fund additional scholarship grants to financially deserving students shall be exempt from tax until the scholarship fund is fully liquidated, when the outstanding balance thereof shall be subject to tax.
Section 49. School Dispersal Program - All gains realized from the sale, disposition or transfer of property, real or personal, of any duly established private school, college or university, in pursuance of a school dispersal program of the government or of the educational institution as approved by the government, shall be considered exempt from tax if the total proceeds of the sale are reinvested in a new or existing duly established school, college, or university located in the dispersal site, within one (1) year from the date of such sale, transfer or disposition; otherwise, all taxes due on the gains realized from the transaction shall immediately become due and payable.
Section 50. Conversion to Educational Foundations - An educational institution may convert itself into a non-stock, non-profit educational foundation, in accordance with the implementing rules to be issued jointly by the Ministry of Education, Culture and Sports and the Ministry of Finance.
In the case of stock corporations, if for any reason its corporate existence as an educational institution ceases and is not renewed, all its net assets after liquidation of the liabilities and other obligations may be conveyed and transferred to any non-profit educational institution or successor non-profit educational institution or to be used in such manner as in the judgment of said court will best accomplish the general purposes for which the dissolved organization was organized, or to the State.
http://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.html
Section 45. Declaration of Policy - It is the policy of the State in the pursuit of its national education development goals to provide an incentive program to encourage the participation of the community in the development of the educational sector.
Section 46. Relating to School Property - Real property, such as lands, buildings and other improvements thereon used actually, directly and exclusively for educational purposes shall be subject to the real property tax based on an assessment of fifteen per cent of the market value of such property: Provided, That all the proceeds from the payment thereof shall accrue to a special private education fund which shall be managed and disbursed by a local private school board which shall be constituted in each municipality or chartered city with private educational institutions with the mayor or his representative as chairman and not more than two representatives of the institutional taxpayers, and, likewise, not more than two residents of the municipality or chartered city who are alumni of any of the institutional taxpayers as members: Provided, further, That fifty percent of the additional one percent tax on real estate property provided for under Republic Act 5447, shall accrue to the special private education fund: Provided, finally, That in municipalities or chartered cities wherein the number of private institutions with individual enrollment of pupils and students over five thousand exceeds fifteen, the members of the private school board shall be increased to not more than fourteen members determined proportionately by the Minister of Education, Culture and Sports. The private school board shall adopt its own rules which shall enable it to finance the annual programs and projects of each institutional taxpayer for the following purposes; student-pupil scholarships; improvement of instructional, including laboratory, facilities and/or equipment; library books and periodicals acquisition; and extension service in the community, in that order of priority.
Section 47. Relating to Gifts or Donations to Schools - All gifts or donation in favor of any school, college or university recognized by the Government shall not be subject to tax; Provided, That such gifts or donations shall be for improvement of classrooms and laboratory of library facilities, and shall not inure to the benefit of any officer, director, official, or owner or owners of the school, or paid out as salary, adjustments or allowance of any form or nature whatsoever, except in support of faculty and/or professorial chairs.
Section 48. Relating to Earnings from Established Scholarship Funds - All earnings from the investment of any duly established scholarship fund of any school recognized by the government, constituted from gifts to the school, and/or from contributions or other resources assigned to said fund by the school, if said earnings are actually used to fund additional scholarship grants to financially deserving students shall be exempt from tax until the scholarship fund is fully liquidated, when the outstanding balance thereof shall be subject to tax.
Section 49. School Dispersal Program - All gains realized from the sale, disposition or transfer of property, real or personal, of any duly established private school, college or university, in pursuance of a school dispersal program of the government or of the educational institution as approved by the government, shall be considered exempt from tax if the total proceeds of the sale are reinvested in a new or existing duly established school, college, or university located in the dispersal site, within one (1) year from the date of such sale, transfer or disposition; otherwise, all taxes due on the gains realized from the transaction shall immediately become due and payable.
Section 50. Conversion to Educational Foundations - An educational institution may convert itself into a non-stock, non-profit educational foundation, in accordance with the implementing rules to be issued jointly by the Ministry of Education, Culture and Sports and the Ministry of Finance.
In the case of stock corporations, if for any reason its corporate existence as an educational institution ceases and is not renewed, all its net assets after liquidation of the liabilities and other obligations may be conveyed and transferred to any non-profit educational institution or successor non-profit educational institution or to be used in such manner as in the judgment of said court will best accomplish the general purposes for which the dissolved organization was organized, or to the State.
http://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.html
FUNDING OF PRIVATE SCHOOLS.... Batas Pambansa 232
B. FUNDING OF PRIVATE SCHOOLS
Section 40. Funding of Private Schools - Private schools may be funded from their capital investment or equity contributions, tuition fees and other school charges, grants, loans, subsidies, passive investment income and income from other sources.
Section 41. Government Assistance - The government, in recognition of their complementary role in the educational system, may provide aid to the programs of private schools in the form of grants or scholarships, or loans from government financial institutions: Provided, That such programs meet certain defined educational requirements and standards and contribute to the attainment of national development goals.
Section 42. Tuition and Other Fees - Each private school shall determine its rate of tuition and other school fees or charges. The rates and charges adopted by schools pursuant to this provision shall be collectible, and their application or use authorized, subject to rules and regulations promulgated by the Ministry of Education, Culture and Sports.
Section 43. Income from Other Sources - Any private school duly recognized by the government, may receive any grant and legacy, donation, gift, bequest or devise from any individual, institution, corporation, foundation, trust of philanthropic organization, or research institution or organization as may be authorized by law.
Furthermore, private schools are authorized to engage in any auxiliary enterprise to generate income primarily to finance their educational operations and/or to reduce the need to increase students' fees.
Section 44. Institutional Funds - The proceeds from tuition fees and other school charges, as well as other income of schools, shall be treated as institutional funds. Schools may pool their institutional funds, in whole or in part, under joint management for the purpose of generating additional financial resources.
http://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.html
Section 40. Funding of Private Schools - Private schools may be funded from their capital investment or equity contributions, tuition fees and other school charges, grants, loans, subsidies, passive investment income and income from other sources.
Section 41. Government Assistance - The government, in recognition of their complementary role in the educational system, may provide aid to the programs of private schools in the form of grants or scholarships, or loans from government financial institutions: Provided, That such programs meet certain defined educational requirements and standards and contribute to the attainment of national development goals.
Section 42. Tuition and Other Fees - Each private school shall determine its rate of tuition and other school fees or charges. The rates and charges adopted by schools pursuant to this provision shall be collectible, and their application or use authorized, subject to rules and regulations promulgated by the Ministry of Education, Culture and Sports.
Section 43. Income from Other Sources - Any private school duly recognized by the government, may receive any grant and legacy, donation, gift, bequest or devise from any individual, institution, corporation, foundation, trust of philanthropic organization, or research institution or organization as may be authorized by law.
Furthermore, private schools are authorized to engage in any auxiliary enterprise to generate income primarily to finance their educational operations and/or to reduce the need to increase students' fees.
Section 44. Institutional Funds - The proceeds from tuition fees and other school charges, as well as other income of schools, shall be treated as institutional funds. Schools may pool their institutional funds, in whole or in part, under joint management for the purpose of generating additional financial resources.
http://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.html
FUNDING OF REPUBLIC SCHOOLS... Batas Pambansa 232
CHAPTER 5
School Finance and Assistance
Section 33. Declaration of Policy - It is hereby declared to be the policy of the State that the national government shall contribute to the financial support of educational programs pursuant to goals of education as declared in the Constitution. Towards this end, the government shall:
1. Adopt measures to broaden access to education through financial assistance and other forms of incentives to schools, teachers, pupils and students; and
2. Encourage and stimulate private support to education through, inter alia, fiscal and other assistance measures.
A. FUNDING OF REPUBLIC SCHOOLS
Section 34. National Funds - Public school shall continue to be funded from national funds: Provided, That local governments shall be encouraged to assume operation of local public schools on the basis of national fund participation and adequate revenue sources which may be assigned by the national government for the purpose.
Section 35. Financial Aid Assistance to Public Secondary Schools - The national government shall extend financial aid and assistance to public secondary schools established and maintained by local governments, including barangay high schools.
Section 36. Share of Local Government - Provinces, cities and municipalities and barangays shall appropriate funds in their annual budgets for the operation and maintenance of public secondary schools on the basis of national fund participation.
Section 37. Special Education Fund - The proceeds of the Special Education Fund accruing to local governments shall be used exclusively for the purposes enumerated in Section 1 of Republic Act No. 5447, and in accordance with rules and regulations issued by the Ministry of Education, Culture and Sports and the Ministry of the Budget. Said proceeds shall be considered a local fund and shall be subject to Presidential Decrees No. 477, Presidential Decree No. 1375 and other applicable local budget laws and regulations.
Section 38. Tuition and other School Fees - Secondary and post-secondary schools may charge tuition and other school fees, in order to improve facilities or to accommodate more students.
Section 39. Income from other Sources - Government-supported educational institution may receive grants, legacies, donations and gifts for purposes allowed by existing laws.
Furthermore, income generated from production activities and from auxiliary enterprises may be retained and used for schools concerned in accordance with rules and regulations jointly issued consistently with pertinent appropriation and budgetary laws by the Ministry of the Budget, the Ministry of Education, Culture and Sports and the Commission on Audit.
http://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.html
School Finance and Assistance
Section 33. Declaration of Policy - It is hereby declared to be the policy of the State that the national government shall contribute to the financial support of educational programs pursuant to goals of education as declared in the Constitution. Towards this end, the government shall:
1. Adopt measures to broaden access to education through financial assistance and other forms of incentives to schools, teachers, pupils and students; and
2. Encourage and stimulate private support to education through, inter alia, fiscal and other assistance measures.
A. FUNDING OF REPUBLIC SCHOOLS
Section 34. National Funds - Public school shall continue to be funded from national funds: Provided, That local governments shall be encouraged to assume operation of local public schools on the basis of national fund participation and adequate revenue sources which may be assigned by the national government for the purpose.
Section 35. Financial Aid Assistance to Public Secondary Schools - The national government shall extend financial aid and assistance to public secondary schools established and maintained by local governments, including barangay high schools.
Section 36. Share of Local Government - Provinces, cities and municipalities and barangays shall appropriate funds in their annual budgets for the operation and maintenance of public secondary schools on the basis of national fund participation.
Section 37. Special Education Fund - The proceeds of the Special Education Fund accruing to local governments shall be used exclusively for the purposes enumerated in Section 1 of Republic Act No. 5447, and in accordance with rules and regulations issued by the Ministry of Education, Culture and Sports and the Ministry of the Budget. Said proceeds shall be considered a local fund and shall be subject to Presidential Decrees No. 477, Presidential Decree No. 1375 and other applicable local budget laws and regulations.
Section 38. Tuition and other School Fees - Secondary and post-secondary schools may charge tuition and other school fees, in order to improve facilities or to accommodate more students.
Section 39. Income from other Sources - Government-supported educational institution may receive grants, legacies, donations and gifts for purposes allowed by existing laws.
Furthermore, income generated from production activities and from auxiliary enterprises may be retained and used for schools concerned in accordance with rules and regulations jointly issued consistently with pertinent appropriation and budgetary laws by the Ministry of the Budget, the Ministry of Education, Culture and Sports and the Commission on Audit.
http://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.html
Internal Organization of Schools... Batas Pambansa 232
CHAPTER 4
Internal Organization of Schools
Section 30. Organization of Schools - Each school shall establish such internal organization as will best enable it to carry out its academic and administrative functions, subject to limitations provided by law.
Each school establish such arrangements for the peaceful settlement of disputes between or among the members of the educational community.
Section 31. Governing Board - Every government college or university as a tertiary institution and every private school shall have a governing board pursuant to its charter or the Corporation Code of the Philippines, as the case may be.
Section 32. Personnel Transactions - The terms and conditions of employment of personnel in government schools shall be governed by the Civil Service, budgetary and compensation laws and rules.
In private schools, dispute arising from employer-employee relations shall fall under the jurisdiction of the Ministry of Labor and Employment as provided for by law regulations: Provided, That in view of the special employment status of the teaching and academic non-teaching personnel, and their special roles in the advancement of knowledge, standards set or promulgated jointly by the Ministry of Education, Culture and Sports and by the Ministry of Labor and Employment shall be applied by the Ministry of Labor and Employment: Provided, further, That every private school shall establish and implement an appropriate system within the school for the prompt and orderly settlement of provisions of Articles 262 and 263 of the Labor Code.
http://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.html
Internal Organization of Schools
Section 30. Organization of Schools - Each school shall establish such internal organization as will best enable it to carry out its academic and administrative functions, subject to limitations provided by law.
Each school establish such arrangements for the peaceful settlement of disputes between or among the members of the educational community.
Section 31. Governing Board - Every government college or university as a tertiary institution and every private school shall have a governing board pursuant to its charter or the Corporation Code of the Philippines, as the case may be.
Section 32. Personnel Transactions - The terms and conditions of employment of personnel in government schools shall be governed by the Civil Service, budgetary and compensation laws and rules.
In private schools, dispute arising from employer-employee relations shall fall under the jurisdiction of the Ministry of Labor and Employment as provided for by law regulations: Provided, That in view of the special employment status of the teaching and academic non-teaching personnel, and their special roles in the advancement of knowledge, standards set or promulgated jointly by the Ministry of Education, Culture and Sports and by the Ministry of Labor and Employment shall be applied by the Ministry of Labor and Employment: Provided, further, That every private school shall establish and implement an appropriate system within the school for the prompt and orderly settlement of provisions of Articles 262 and 263 of the Labor Code.
http://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.html
Establishment of Schools... Batas Pambansa 232
CHAPTER 3
Establishment of Schools
Section 25. Establishment of Schools - All schools shall be established in accordance with law. The establishment of new national schools and the conversion of existing schools from elementary to national secondary or tertiary schools shall be by law: Provided, That any private school proposed to be established must incorporate as an non-stock educational corporation in accordance with the provisions of the Corporation Code of the Philippines. This requirement to incorporate may be waived in the case of family-administered pre-school institutions.
Government assistance to such schools for educational programs shall be used exclusively for that purpose.
Section 26. Definition of Terms - The terms used in this Chapter are defined as follows:
1. "Schools" are duly established institutions of learning or educational institutions.
2. "Public Schools" are educational institutions established and administered by the government.
3. "Private Schools" are educational institutions maintained and administered by private individuals or groups.
Section 27. Recognition of Schools - The educational operations of schools shall be subject to their prior authorization of the government, and shall be affected by recognition. In the case of government operated schools, whether local, regional, or national, recognition of educational programs and/or operations shall be deemed granted simultaneously with establishment.
In all other case the rules and regulations governing recognition shall be prescribed and enforced by the Ministry of Education, Culture and Sports defining therein who are qualified to apply, providing for a permit system, stating the conditions for the grant of recognition and for its cancellation and withdrawal, and providing for related matters.
Section 28. Effects of Recognition; Punishable Violations - The issuance of a certificate of recognition to a school shall have the following effects:
1. It transforms the temporary permit to a permanent authority to operate;
2. It entitled the school or college to give the students who have completed the course for which recognition is granted, a certificate, title or diploma; and
3. It shall entitle the students who have graduated from said recognized course or courses to all the benefits and privileges enjoyed by graduates in similar courses of studies in all schools recognized by the government.
Operation of schools and educational programs without authorization, and/or operation thereof in violation of the terms of recognition, are hereby declared punishable violations subject to the penalties provided in this Act.
Section 29. Voluntary Accreditation - The Ministry shall encourage programs of voluntary accreditation for institution which desire to meet standards of quality over and above minimum required for State recognition.
http://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.html
Establishment of Schools
Section 25. Establishment of Schools - All schools shall be established in accordance with law. The establishment of new national schools and the conversion of existing schools from elementary to national secondary or tertiary schools shall be by law: Provided, That any private school proposed to be established must incorporate as an non-stock educational corporation in accordance with the provisions of the Corporation Code of the Philippines. This requirement to incorporate may be waived in the case of family-administered pre-school institutions.
Government assistance to such schools for educational programs shall be used exclusively for that purpose.
Section 26. Definition of Terms - The terms used in this Chapter are defined as follows:
1. "Schools" are duly established institutions of learning or educational institutions.
2. "Public Schools" are educational institutions established and administered by the government.
3. "Private Schools" are educational institutions maintained and administered by private individuals or groups.
Section 27. Recognition of Schools - The educational operations of schools shall be subject to their prior authorization of the government, and shall be affected by recognition. In the case of government operated schools, whether local, regional, or national, recognition of educational programs and/or operations shall be deemed granted simultaneously with establishment.
In all other case the rules and regulations governing recognition shall be prescribed and enforced by the Ministry of Education, Culture and Sports defining therein who are qualified to apply, providing for a permit system, stating the conditions for the grant of recognition and for its cancellation and withdrawal, and providing for related matters.
Section 28. Effects of Recognition; Punishable Violations - The issuance of a certificate of recognition to a school shall have the following effects:
1. It transforms the temporary permit to a permanent authority to operate;
2. It entitled the school or college to give the students who have completed the course for which recognition is granted, a certificate, title or diploma; and
3. It shall entitle the students who have graduated from said recognized course or courses to all the benefits and privileges enjoyed by graduates in similar courses of studies in all schools recognized by the government.
Operation of schools and educational programs without authorization, and/or operation thereof in violation of the terms of recognition, are hereby declared punishable violations subject to the penalties provided in this Act.
Section 29. Voluntary Accreditation - The Ministry shall encourage programs of voluntary accreditation for institution which desire to meet standards of quality over and above minimum required for State recognition.
http://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.html
Non-Education and Specialized Educational Services.... Batas Pambansa 232
CHAPTER 2
Non-Education and Specialized Educational Services
Section 24. Specialized Educational Service - The State further recognizes its responsibility to provide, within the context of the formal education system, services to meet special needs of certain clientele. These specific types, which shall be guided by the basic policies of the State embodied in the General Provisions of this Act, include:
1. "Work Education," or "Practical Arts," as a program of basic education which aims to develop the right attitudes towards work; and "technical-vocational education," post-secondary but non-degree programs leading to one, two, or three year certificates in preparation for a group of middle-level occupations.
2. "Special Education," the education of persons who are physically, mentally, emotionally, socially, or culturally different from the so-called "normal" individuals that they require modification of school practices/services to develop them to their maximum capacity; and
3. "Non-formal Education," any organized school-based educational activities undertaken by the Ministry of Education, Culture and Sports and other agencies aimed at attaining specific learning objectives for a particular clientele, especially the illiterates and the out-of-school youth and adults, distinct from and outside the regular offerings of the formal school system.
The objectives of non-formal education are as follows:
a. To eradicate illiteracy and raise the level of functional literacy of the population;
b. To provide unemployed and underemployed youth and adults with appropriate vocational/technical skills to enable them to become more productive and effective citizens; and
c. To develop among the clientele of non-formal education proper values and attitudes necessary for personal, community and national development.
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Non-Education and Specialized Educational Services
Section 24. Specialized Educational Service - The State further recognizes its responsibility to provide, within the context of the formal education system, services to meet special needs of certain clientele. These specific types, which shall be guided by the basic policies of the State embodied in the General Provisions of this Act, include:
1. "Work Education," or "Practical Arts," as a program of basic education which aims to develop the right attitudes towards work; and "technical-vocational education," post-secondary but non-degree programs leading to one, two, or three year certificates in preparation for a group of middle-level occupations.
2. "Special Education," the education of persons who are physically, mentally, emotionally, socially, or culturally different from the so-called "normal" individuals that they require modification of school practices/services to develop them to their maximum capacity; and
3. "Non-formal Education," any organized school-based educational activities undertaken by the Ministry of Education, Culture and Sports and other agencies aimed at attaining specific learning objectives for a particular clientele, especially the illiterates and the out-of-school youth and adults, distinct from and outside the regular offerings of the formal school system.
The objectives of non-formal education are as follows:
a. To eradicate illiteracy and raise the level of functional literacy of the population;
b. To provide unemployed and underemployed youth and adults with appropriate vocational/technical skills to enable them to become more productive and effective citizens; and
c. To develop among the clientele of non-formal education proper values and attitudes necessary for personal, community and national development.
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III. THE EDUCATIONAL SYSTEMS... Batas Pambansa 232
III. THE EDUCATIONAL SYSTEMS
CHAPTER 1
Formal Education
Section 19. Declaration of Policy. - The State recognizes that formal education, or the school system, in society's primary learning system, and therefore the main instrument for the achievement of the country's educational goals and objectives.
Section 20. Definition - "Formal Educational" refers to the hierarchically structured and chronologically graded learning organized and provided by the formal school system and for which certification is required in order for the learner to progress through the grades or move to higher levels. Formal education shall correspond to the following levels:
1. Elementary Education. - the first stage of compulsory, formal education primarily concerned with providing basic education and usually corresponding to six or seven grades, including pre-school programs.
2. Secondary Education. - the state of formal education following the elementary level concerned primarily with continuing basic education and expanding it to include the learning of employable gainful skills, usually corresponding to four years of high school.
3. Tertiary Education. - post secondary schooling is higher education leading to a degree in a specific profession or discipline.
Section 21. Objectives of Elementary Education - The objectives of elementary education are:
1. To provide the knowledge and develop the skills, attitudes, and values essential to personal development and necessary for living in and contributing to a developing and changing social milieu;
2. To provide learning experiences which increase the child's awareness of and responsiveness to the changes in and just demands of society and to prepare him for constructive and effective involvement;
3. To promote and intensify the child's knowledge of, identification with, and love for the nation and the people to which he belongs; and
4. To promote work experiences which develop the child's orientation to the world of work and creativity and prepare himself to engage in honest and gainful work.
Section 22. Objectives of Secondary Education. - The objectives of secondary education are:
1. To continue to promote the objectives of elementary education; and
2. To discover and enhance the different aptitudes and interests of the students so as to equip him with skills for productive endeavor and/or prepare him for tertiary schooling.
Section 23. Objective of Tertiary Education. - The objectives of tertiary education are:
1. To provide a general education program that will promote national identity, cultural consciousness, moral integrity and spiritual vigor;
2. To train the nation's manpower in the skills required for national development;
3. To develop the professions that will provide leadership for the nation; and
4. To advance knowledge through research work and apply new knowledge for improving the quality of human life and responding effectively to changing societal needs and conditions.
http://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.html
CHAPTER 1
Formal Education
Section 19. Declaration of Policy. - The State recognizes that formal education, or the school system, in society's primary learning system, and therefore the main instrument for the achievement of the country's educational goals and objectives.
Section 20. Definition - "Formal Educational" refers to the hierarchically structured and chronologically graded learning organized and provided by the formal school system and for which certification is required in order for the learner to progress through the grades or move to higher levels. Formal education shall correspond to the following levels:
1. Elementary Education. - the first stage of compulsory, formal education primarily concerned with providing basic education and usually corresponding to six or seven grades, including pre-school programs.
2. Secondary Education. - the state of formal education following the elementary level concerned primarily with continuing basic education and expanding it to include the learning of employable gainful skills, usually corresponding to four years of high school.
3. Tertiary Education. - post secondary schooling is higher education leading to a degree in a specific profession or discipline.
Section 21. Objectives of Elementary Education - The objectives of elementary education are:
1. To provide the knowledge and develop the skills, attitudes, and values essential to personal development and necessary for living in and contributing to a developing and changing social milieu;
2. To provide learning experiences which increase the child's awareness of and responsiveness to the changes in and just demands of society and to prepare him for constructive and effective involvement;
3. To promote and intensify the child's knowledge of, identification with, and love for the nation and the people to which he belongs; and
4. To promote work experiences which develop the child's orientation to the world of work and creativity and prepare himself to engage in honest and gainful work.
Section 22. Objectives of Secondary Education. - The objectives of secondary education are:
1. To continue to promote the objectives of elementary education; and
2. To discover and enhance the different aptitudes and interests of the students so as to equip him with skills for productive endeavor and/or prepare him for tertiary schooling.
Section 23. Objective of Tertiary Education. - The objectives of tertiary education are:
1. To provide a general education program that will promote national identity, cultural consciousness, moral integrity and spiritual vigor;
2. To train the nation's manpower in the skills required for national development;
3. To develop the professions that will provide leadership for the nation; and
4. To advance knowledge through research work and apply new knowledge for improving the quality of human life and responding effectively to changing societal needs and conditions.
http://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.html
CHAPTER 3 Duties and Obligations... Batas Pambansa 232
CHAPTER 3
Duties and Obligations
Section 14. Duties of Parents. - In addition to those provided for under existing laws, all parents shall have the following duties and obligations:
1. Parents, individually or collectively, through the school systems, shall help carry out the educational objectives in accordance with national goals.
2. Parents shall be obliged to enable their children to obtain elementary education and shall strive to enable them to obtain secondary and higher education in the pursuance of the right formation of the youth.
3. Parents shall cooperate with the school in the implementation of the school program curricular and co-curricular.
http://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.html
Section 15. Duties and Responsibilities of Students - In addition to those provided for under existing laws, every student shall:
1. Exert his utmost to develop his potentialities for service, particularly by undergoing an education suited to his abilities, in order that he may become an asset to his family and to society.
2. Uphold the academic integrity of the school, endeavor to achieve academic excellence and abide by the rules and regulations governing his academic responsibilities and moral integrity.
3. Promote and maintain the peace and tranquility of the school by observing the rules and discipline, and by exerting efforts to attain harmonious relationships with fellow students, the teaching and academic staff and other school personnel.
4. Participate actively in civic affairs and in the promotion of the general welfare, particularly in the social, economic and cultural development of his community and in the attainment of a just, compassionate and orderly society.
5. Exercise his rights responsibly in the knowledge that he is answerable for any infringement or violation of the public welfare and of the rights of others.
Section 16. Teacher's Obligations - Every teacher shall:
1. Perform his duties to the school by discharging his responsibilities in accordance with the philosophy, goals, and objectives of the school.
2. Be accountable for the efficient and effective attainment of specified learning objectives in pursuance of national development goals within the limits of available school resources.
3. Render regular reports on performance of each student and to the latter and the latter's parents and guardians with specific suggestions for improvement.
4. Assume the responsibility to maintain and sustain his professional growth and advancement and maintain professionalism in his behavior at all times.
5. Refrain from making deductions in students' scholastic rating for acts that are clearly not manifestations of poor scholarship.
6. Participate as an agent of constructive social, economic, moral, intellectual, cultural and political change in his school and the community within the context of national policies.
Section 17. School Administrators' Obligations - Every school administrator shall:
1. Perform his duties to the school by discharging his responsibilities in accordance with the philosophy, goals and objectives of the school.
2. Be accountable for the efficient and effective administration and management of the school.
3. Develop and maintain a healthy school atmosphere conducive to the promotion and preservation of academic freedom and effective teaching and learning, and to harmonious and progressive school-personnel relationship.
4. Assume and maintain professional behavior in his work and in dealing with students, teachers, academic non-teaching personnel, administrative staff, and parents or guardians.
5. Render adequate reports to teachers, academic non-teaching personnel and non-academic staff on their actual performance in relation to their expected performance and counsel them on ways of improving the same.
6. Observe due process, fairness, promptness, privacy, constructiveness and consistency in disciplining his teachers and other personnel.
7. Maintain adequate records and submit required reports to the Ministry of Education, Culture and Sports.
Section 18. Obligations of Academic Non-Teaching Personnel - Academic non-teaching personnel shall:
1. Improve himself professionally be keeping abreast of the latest trends and techniques in his profession.
2. Assume, promote and maintain an atmosphere conducive to service and learning.
3. Promote and maintain an atmosphere conducive to service and learning.
Duties and Obligations
Section 14. Duties of Parents. - In addition to those provided for under existing laws, all parents shall have the following duties and obligations:
1. Parents, individually or collectively, through the school systems, shall help carry out the educational objectives in accordance with national goals.
2. Parents shall be obliged to enable their children to obtain elementary education and shall strive to enable them to obtain secondary and higher education in the pursuance of the right formation of the youth.
3. Parents shall cooperate with the school in the implementation of the school program curricular and co-curricular.
http://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.html
Section 15. Duties and Responsibilities of Students - In addition to those provided for under existing laws, every student shall:
1. Exert his utmost to develop his potentialities for service, particularly by undergoing an education suited to his abilities, in order that he may become an asset to his family and to society.
2. Uphold the academic integrity of the school, endeavor to achieve academic excellence and abide by the rules and regulations governing his academic responsibilities and moral integrity.
3. Promote and maintain the peace and tranquility of the school by observing the rules and discipline, and by exerting efforts to attain harmonious relationships with fellow students, the teaching and academic staff and other school personnel.
4. Participate actively in civic affairs and in the promotion of the general welfare, particularly in the social, economic and cultural development of his community and in the attainment of a just, compassionate and orderly society.
5. Exercise his rights responsibly in the knowledge that he is answerable for any infringement or violation of the public welfare and of the rights of others.
Section 16. Teacher's Obligations - Every teacher shall:
1. Perform his duties to the school by discharging his responsibilities in accordance with the philosophy, goals, and objectives of the school.
2. Be accountable for the efficient and effective attainment of specified learning objectives in pursuance of national development goals within the limits of available school resources.
3. Render regular reports on performance of each student and to the latter and the latter's parents and guardians with specific suggestions for improvement.
4. Assume the responsibility to maintain and sustain his professional growth and advancement and maintain professionalism in his behavior at all times.
5. Refrain from making deductions in students' scholastic rating for acts that are clearly not manifestations of poor scholarship.
6. Participate as an agent of constructive social, economic, moral, intellectual, cultural and political change in his school and the community within the context of national policies.
Section 17. School Administrators' Obligations - Every school administrator shall:
1. Perform his duties to the school by discharging his responsibilities in accordance with the philosophy, goals and objectives of the school.
2. Be accountable for the efficient and effective administration and management of the school.
3. Develop and maintain a healthy school atmosphere conducive to the promotion and preservation of academic freedom and effective teaching and learning, and to harmonious and progressive school-personnel relationship.
4. Assume and maintain professional behavior in his work and in dealing with students, teachers, academic non-teaching personnel, administrative staff, and parents or guardians.
5. Render adequate reports to teachers, academic non-teaching personnel and non-academic staff on their actual performance in relation to their expected performance and counsel them on ways of improving the same.
6. Observe due process, fairness, promptness, privacy, constructiveness and consistency in disciplining his teachers and other personnel.
7. Maintain adequate records and submit required reports to the Ministry of Education, Culture and Sports.
Section 18. Obligations of Academic Non-Teaching Personnel - Academic non-teaching personnel shall:
1. Improve himself professionally be keeping abreast of the latest trends and techniques in his profession.
2. Assume, promote and maintain an atmosphere conducive to service and learning.
3. Promote and maintain an atmosphere conducive to service and learning.
Rights: Chapter 2, Batas Pambansa 232
CHAPTER 2
Rights
Section 8. Rights of Parents - In addition to other rights under existing laws, all parents who have children enrolled in a school have the following rights:
1. The right to organize by themselves and/or with teachers for the purpose of providing a forum for the discussion of matters relating to the total school program, and for ensuring the full cooperation of parents and teachers in the formulation and efficient implementation of such programs.
2. The right to access to any official record directly relating to the children who are under their parental responsibility.
Section 9. Right of Students in School - In addition to other rights, and subject to the limitation prescribed by law and regulations, and student and pupils in all schools shall enjoy the following rights:
1. The right to receive, primarily through competent instruction, relevant quality education in line with national goals and conducive to their full development as person with human dignity.
2. The right to freely chose their field of study subject to existing curricula and to continue their course therein up to graduation, except in cases of academic deficiency, or violation of disciplinary regulations.
3. The right to school guidance and counseling services for decisions and selecting the alternatives in fields of work suited to his potentialities.
4. The right of access to his own school records, the confidentiality of which the school shall maintain and preserve.
5. The right to the issuance of official certificates, diplomas, transcript of records, grades, transfer credentials and other similar documents within thirty days from request.
6. The right to publish a student newspaper and similar publications, as well as the right to invite resource persons during assemblies, symposia and other activities of similar nature.
7. The right to free expression of opinions and suggestions, and to effective channels of communication with appropriate academic channels and administrative bodies of the school or institution.
8. The right to form, establish, join and participate in organizations and societies recognized by the school to foster their intellectual, cultural, spiritual and physical growth and development, or to form, establish, 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 own he organizations or societies.
Section 10. Rights of all School Personnel - In addition to other rights provided for by law, the following rights shall be enjoyed by all school personnel:
1. The right to free expression of opinion and suggestions, and to effective channels of communication with appropriate academic and administrative bodies of the school or institution.
2. The right to be provided with free legal service by the appropriate government office in the case of public school personnel, and through the school authorities concerned in the case of private school personnel, when charged in an administrative, civil and/or criminal proceedings by parties other than the school or regulatory authorities concerned for actions committed directly in the lawful discharge of professional duties and/or in defense of school policies.
3. The right to establish, join and maintain labor organizations and/or professional and self-regulating organizations of their choice to promote their welfare and defend their interests.
4. The right to be free from involuntary contributions except those imposed by their own organizations.
Section 11. Special Rights and/or Privileges of Teaching or Academic Staff - Further to the rights mentioned in the preceding Section, every member of the teaching or academic staff shall enjoy the following rights and/or privileges:
1. The right to be free from compulsory assignments not related to their duties as defined in their appointments or employment contracts, unless compensated therefor, conformably to existing law.
2. The right to intellectual property consistent with applicable laws.
3. Teachers shall be deemed persons in authority when in the discharge of lawful duties and responsibilities, and shall, therefore, be accorded due respect and protection.
4. Teachers shall be accorded the opportunity to choose alternative career lines either in school administration, in classroom teaching, or others, for purposes of career advancement.
Section 12. Special Rights of School Administration - School administrators shall, in accordance with existing laws, regulations and policies of the Ministry of Education, Culture and Sports, be accorded sufficient administrative discretion necessary for the efficient and effective performance of their functions.
School administrators shall be deemed persons in authority while in the discharge of lawful duties and responsibilities, and shall therefore be accorded due respect and protection.
Section 13. Rights of Schools - In addition to other rights provided for by law, schools shall enjoy the following:
1. The right of their governing boards or lawful authorities to provide for the proper governance of the school and to adopt and enforce administrative or management systems.
2. The right for institutions of higher learning to determine on academic grounds who shall be admitted to study, who may teach, and what shall be subjects of the study and research.
http://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.html
Rights
Section 8. Rights of Parents - In addition to other rights under existing laws, all parents who have children enrolled in a school have the following rights:
1. The right to organize by themselves and/or with teachers for the purpose of providing a forum for the discussion of matters relating to the total school program, and for ensuring the full cooperation of parents and teachers in the formulation and efficient implementation of such programs.
2. The right to access to any official record directly relating to the children who are under their parental responsibility.
Section 9. Right of Students in School - In addition to other rights, and subject to the limitation prescribed by law and regulations, and student and pupils in all schools shall enjoy the following rights:
1. The right to receive, primarily through competent instruction, relevant quality education in line with national goals and conducive to their full development as person with human dignity.
2. The right to freely chose their field of study subject to existing curricula and to continue their course therein up to graduation, except in cases of academic deficiency, or violation of disciplinary regulations.
3. The right to school guidance and counseling services for decisions and selecting the alternatives in fields of work suited to his potentialities.
4. The right of access to his own school records, the confidentiality of which the school shall maintain and preserve.
5. The right to the issuance of official certificates, diplomas, transcript of records, grades, transfer credentials and other similar documents within thirty days from request.
6. The right to publish a student newspaper and similar publications, as well as the right to invite resource persons during assemblies, symposia and other activities of similar nature.
7. The right to free expression of opinions and suggestions, and to effective channels of communication with appropriate academic channels and administrative bodies of the school or institution.
8. The right to form, establish, join and participate in organizations and societies recognized by the school to foster their intellectual, cultural, spiritual and physical growth and development, or to form, establish, 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 own he organizations or societies.
Section 10. Rights of all School Personnel - In addition to other rights provided for by law, the following rights shall be enjoyed by all school personnel:
1. The right to free expression of opinion and suggestions, and to effective channels of communication with appropriate academic and administrative bodies of the school or institution.
2. The right to be provided with free legal service by the appropriate government office in the case of public school personnel, and through the school authorities concerned in the case of private school personnel, when charged in an administrative, civil and/or criminal proceedings by parties other than the school or regulatory authorities concerned for actions committed directly in the lawful discharge of professional duties and/or in defense of school policies.
3. The right to establish, join and maintain labor organizations and/or professional and self-regulating organizations of their choice to promote their welfare and defend their interests.
4. The right to be free from involuntary contributions except those imposed by their own organizations.
Section 11. Special Rights and/or Privileges of Teaching or Academic Staff - Further to the rights mentioned in the preceding Section, every member of the teaching or academic staff shall enjoy the following rights and/or privileges:
1. The right to be free from compulsory assignments not related to their duties as defined in their appointments or employment contracts, unless compensated therefor, conformably to existing law.
2. The right to intellectual property consistent with applicable laws.
3. Teachers shall be deemed persons in authority when in the discharge of lawful duties and responsibilities, and shall, therefore, be accorded due respect and protection.
4. Teachers shall be accorded the opportunity to choose alternative career lines either in school administration, in classroom teaching, or others, for purposes of career advancement.
Section 12. Special Rights of School Administration - School administrators shall, in accordance with existing laws, regulations and policies of the Ministry of Education, Culture and Sports, be accorded sufficient administrative discretion necessary for the efficient and effective performance of their functions.
School administrators shall be deemed persons in authority while in the discharge of lawful duties and responsibilities, and shall therefore be accorded due respect and protection.
Section 13. Rights of Schools - In addition to other rights provided for by law, schools shall enjoy the following:
1. The right of their governing boards or lawful authorities to provide for the proper governance of the school and to adopt and enforce administrative or management systems.
2. The right for institutions of higher learning to determine on academic grounds who shall be admitted to study, who may teach, and what shall be subjects of the study and research.
http://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.html
Batas Pambansa 232: Chapter II. THE EDUCATIONAL COMMUNITY
II. THE EDUCATIONAL COMMUNITY
CHAPTER 1
Preliminary Provisions
Section 5. Declaration of Policy and Objectives - It is likewise declared government policy to foster, at all times, a spirit of shared purposes and cooperation among the members and elements of the educational community, and between the community and other sectors of society, in the realization that only in such an atmosphere can be true goals and objectives of education be fulfilled.
Moreover, the State shall:
1. Aid and support the natural right and duty of parents in the rearing of the youth through the educational system.
2. Promote and safeguard the welfare and interest of the students by defining their rights and obligations, according them privileges, and encouraging the establishment of sound relationships between them and the other members of the school community.
3. Promote the social economic status of all school personnel, uphold their rights, define their obligations, and improve their living and working conditions and career prospects.
4. Extend support to promote the viability of those institutions through which parents, students and school personnel seek to attain their educational goals.
Section 6. Definition and Coverage - "Educational community" refers to those persons or groups of persons as such or associated in institutions involved in organized teaching and learning systems.
The members and elements of the educational community are:
1. "Parents" or guardians or the head of the institution or foster home which has custody of the pupil or student.
2. "Students," or those enrolled in and who regularly attend and educational institution of secondary or higher level of a person engaged in formal study. "Pupils," are those who regularly attend a school of elementary level under the supervision and tutelage of a teacher.
3 "School personnel," or all persons working for an educational institution, which includes the following:
a. "Teaching or academic staff," or all persons engaged in actual teaching and/or research assignments, either on full-time or part-time basis, in all levels of the educational system.
b. "School administrators," or all persons occupying policy implementing positions having to do with the functions of the school in all levels.
c. "Academic non-teaching personnel," or those persons holding some academic qualifications and performing academic functions directly supportive of teaching, such as registrars, librarians, research assistants, research aides, and similar staff.
d. "Non-academic personnel," or all other school personnel not falling under the definition and coverage of teaching and academic staff, school administrators and academic non-teaching personnel.
4. "Schools," or institutions recognized by the State which undertake educational operations.
Section 7. Community Participation. - Every educational institution shall provide for the establishment of appropriate bodies through which the members of the educational community may discuss relevant issues, and communicate information and suggestions for assistance and support of the school and for the promotion of their common interest.
Representatives from each subgroup of the educational community shall sit and participate in these bodies, the rules and procedures of which must be approved by them and duly published.
http://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.html
CHAPTER 1
Preliminary Provisions
Section 5. Declaration of Policy and Objectives - It is likewise declared government policy to foster, at all times, a spirit of shared purposes and cooperation among the members and elements of the educational community, and between the community and other sectors of society, in the realization that only in such an atmosphere can be true goals and objectives of education be fulfilled.
Moreover, the State shall:
1. Aid and support the natural right and duty of parents in the rearing of the youth through the educational system.
2. Promote and safeguard the welfare and interest of the students by defining their rights and obligations, according them privileges, and encouraging the establishment of sound relationships between them and the other members of the school community.
3. Promote the social economic status of all school personnel, uphold their rights, define their obligations, and improve their living and working conditions and career prospects.
4. Extend support to promote the viability of those institutions through which parents, students and school personnel seek to attain their educational goals.
Section 6. Definition and Coverage - "Educational community" refers to those persons or groups of persons as such or associated in institutions involved in organized teaching and learning systems.
The members and elements of the educational community are:
1. "Parents" or guardians or the head of the institution or foster home which has custody of the pupil or student.
2. "Students," or those enrolled in and who regularly attend and educational institution of secondary or higher level of a person engaged in formal study. "Pupils," are those who regularly attend a school of elementary level under the supervision and tutelage of a teacher.
3 "School personnel," or all persons working for an educational institution, which includes the following:
a. "Teaching or academic staff," or all persons engaged in actual teaching and/or research assignments, either on full-time or part-time basis, in all levels of the educational system.
b. "School administrators," or all persons occupying policy implementing positions having to do with the functions of the school in all levels.
c. "Academic non-teaching personnel," or those persons holding some academic qualifications and performing academic functions directly supportive of teaching, such as registrars, librarians, research assistants, research aides, and similar staff.
d. "Non-academic personnel," or all other school personnel not falling under the definition and coverage of teaching and academic staff, school administrators and academic non-teaching personnel.
4. "Schools," or institutions recognized by the State which undertake educational operations.
Section 7. Community Participation. - Every educational institution shall provide for the establishment of appropriate bodies through which the members of the educational community may discuss relevant issues, and communicate information and suggestions for assistance and support of the school and for the promotion of their common interest.
Representatives from each subgroup of the educational community shall sit and participate in these bodies, the rules and procedures of which must be approved by them and duly published.
http://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.html
Chapter 1: Batas Pambansa 232
BATAS PAMBANSA BLG. 232 September 11, 1982
AN ACT PROVIDING FOR THE ESTABLISHMENT AND MAINTENANCE OF AN INTEGRATED SYSTEM OF EDUCATION
I. GENERAL PROVISIONS
CHAPTER 1
Preliminary Matters
Section 1. Title - This Act shall be known as the "Education Act of 1982."
Section 2. Coverage - This Act shall apply to and govern both formal and non-formal systems in public and private schools in all levels of the entire educational system.
CHAPTER 2
Declaration of Basic State Policy and Objectives
Section 3. Declaration of Basic Policy - It is the policy of the State to established and maintain a complete, adequate and integrated system of education relevant to the goals of national development. Toward this end, the government shall ensure, within the context of a free and democratic system, maximum contribution of the educational system to the attainment of the following national developmental goals:
1. To achieve and maintain an accelerating rate of economic development and social progress;
2. To ensure 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 a changing world.
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 enjoyment of the benefits of education by all its citizens.
The state shall promote the right of the nation's cultural communities in the exercise of their right to develop themselves within the context of their cultures, customs, traditions, interest and belief, and recognizes education as an instrument for their maximum participation in national development and in ensuring their involvement in achieving national unity.
Section 4. Declaration of Objectives - The educational system aim to:
1. Provide for a broad general education that will assist each individuals in the peculiar ecology of his own society, to
(a) attain his potentials as a human being;
(b) enhance the range and quality of individual and group participation in the basic functions of society; and
(c) acquire the essential educational foundation of his development into a productive and versatile citizen;
2. Train the nation's manpower in the middle-level skills for national development;
3. Develop the profession that will provide leadership for the nation in the advancement of knowledge for improving the quality of human life; and
4. Respond effectively to changing needs and conditions of the nation through a system of educational planning and evaluation.
Towards the realization of these objectives, and pursuant to the Constitution, all educational institutions shall aim to inculcate love of country, teach the duties of citizenship, and develop moral character, personal discipline, and scientific, technological, and vocational efficiency.
Furthermore, the educational system shall reach out to educationally deprived communities, in order to give meaningful reality to their membership in the national society, to enrich their civic participation in the community and national life, and to unify all Filipinos into a free and just nation.
http://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.html
AN ACT PROVIDING FOR THE ESTABLISHMENT AND MAINTENANCE OF AN INTEGRATED SYSTEM OF EDUCATION
I. GENERAL PROVISIONS
CHAPTER 1
Preliminary Matters
Section 1. Title - This Act shall be known as the "Education Act of 1982."
Section 2. Coverage - This Act shall apply to and govern both formal and non-formal systems in public and private schools in all levels of the entire educational system.
CHAPTER 2
Declaration of Basic State Policy and Objectives
Section 3. Declaration of Basic Policy - It is the policy of the State to established and maintain a complete, adequate and integrated system of education relevant to the goals of national development. Toward this end, the government shall ensure, within the context of a free and democratic system, maximum contribution of the educational system to the attainment of the following national developmental goals:
1. To achieve and maintain an accelerating rate of economic development and social progress;
2. To ensure 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 a changing world.
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 enjoyment of the benefits of education by all its citizens.
The state shall promote the right of the nation's cultural communities in the exercise of their right to develop themselves within the context of their cultures, customs, traditions, interest and belief, and recognizes education as an instrument for their maximum participation in national development and in ensuring their involvement in achieving national unity.
Section 4. Declaration of Objectives - The educational system aim to:
1. Provide for a broad general education that will assist each individuals in the peculiar ecology of his own society, to
(a) attain his potentials as a human being;
(b) enhance the range and quality of individual and group participation in the basic functions of society; and
(c) acquire the essential educational foundation of his development into a productive and versatile citizen;
2. Train the nation's manpower in the middle-level skills for national development;
3. Develop the profession that will provide leadership for the nation in the advancement of knowledge for improving the quality of human life; and
4. Respond effectively to changing needs and conditions of the nation through a system of educational planning and evaluation.
Towards the realization of these objectives, and pursuant to the Constitution, all educational institutions shall aim to inculcate love of country, teach the duties of citizenship, and develop moral character, personal discipline, and scientific, technological, and vocational efficiency.
Furthermore, the educational system shall reach out to educationally deprived communities, in order to give meaningful reality to their membership in the national society, to enrich their civic participation in the community and national life, and to unify all Filipinos into a free and just nation.
http://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.html
Education, Science, Tech, Arts, Culture, Sports : Article XIV, Philippine Constitution
Education
Section 1. The State shall protect and promote the right of all 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 the needs of the people and society;
(2) Establish and maintain a system of free public education in the elementary and high school levels. Without limiting the natural right 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 systems, as well as self-learning, independent, and out-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 duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency.
(3) At the option expressed in writing by the parents or guardians, religion shall be allowed to be taught to their children or wards in public elementary and high schools within the regular class hours by instructors designated or approved by the religious authorities of the religion to which the children or wards belong, without additional cost to the Government.
Section 4. (1) The State recognizes the complementary roles of public and private institutions in the educational system and shall exercise reasonable supervision and regulation of all educational institutions.
(2) Educational institutions, other than those established by religious groups and mission boards, shall be owned solely by citizens of the Philippines or corporations or associations at least sixty per centum of the capital of which is owned by such citizens. The Congress may, however, require increased Filipino equity participation in all educational institutions.
The control and administration of educational institutions shall be vested in citizens of the Philippines .
No educational institution shall be established exclusively for aliens and no group of aliens shall comprise more than one-third of the enrollment in any school. The provisions of this subsection shall not apply to schools established for foreign diplomatic personnel and their dependents and, unless otherwise provided by law, for other foreign temporary residents.
(3) All revenues and assets of non-stock, non-profit educational institutions used actually, directly, and exclusively for educational purposes shall be exempt from taxes and duties. Upon the dissolution or cessation of the corporate existence of such institutions, their assets shall be disposed of in the manner provided by law.
Proprietary educational institutions, including those cooperatively owned, may likewise be entitled to such exemptions subject to the limitations provided by law including restrictions on dividends and provisions for reinvestment.
(4) 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.
(4) 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.
Language
Section 6. The national language of the Philippines is Filipino. As it evolves, it shall be further developed and enriched on the basis of existing Philippine and other languages.
Subject to provisions of law and as the Congress may deem appropriate, the Government shall take steps to initiate and sustain the use of Filipino as a medium of official communication and as language of instruction in the educational system.
Section 7. For purposes of communication and instruction, the official languages of the Philippines are Filipino and, until otherwise provided by law, English.
The regional languages are the auxiliary official languages in the regions and shall serve as auxiliary media of instruction therein.
Spanish and Arabic shall be promoted on a voluntary and optional basis.
Section 8. This Constitution shall be promulgated in Filipino and English and shall be translated into major regional languages, Arabic, and Spanish.
Section 9. The Congress shall establish a national language commission composed of representatives of various regions and disciplines which shall undertake, coordinate, and promote researches for the development, propagation, and preservation of Filipino and other languages.
Science and Technology
Section 10. Science and technology are essential for national development and progress. The State shall give priority to research and development, invention, innovation, and their utilization; and to science and technology education, training, and services. It shall support indigenous, appropriate, and self-reliant scientific and technological capabilities, and their application to the country’s productive systems and national life.
Section 11. The Congress may provide for incentives, including tax deductions, to encourage private participation in programs of basic and applied scientific research. Scholarships, grants-in-aid, or other forms of incentives shall be provided to deserving science students, researchers, scientists, inventors, technologists, and specially gifted citizens.
Section 12. The State shall regulate the transfer and promote the adaptation of technology from all sources for the national benefit. It shall encourage the widest participation of private groups, local governments, and community-based organizations in the generation and utilization of science and technology.
Section 13. The State shall protect and secure the exclusive rights of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as may be provided by law.
Arts and Culture
Section 14. The State shall foster the preservation, enrichment, and dynamic evolution of a Filipino national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression.
Section 15. Arts and letters shall enjoy the patronage of the State. The State shall conserve, promote, and popularize the nation’s historical and cultural heritage and resources, as well as artistic creations.
Section 16. All the country’s artistic and historic wealth constitutes the cultural treasure of the nation and shall be under the protection of the State which may regulate its disposition.
Section 17. The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies.
Section 18. (1) The State shall ensure equal access to cultural opportunities through the educational system, public or private cultural entities, scholarships, grants and other incentives, and community cultural centers, and other public venues.
(2) The State shall encourage and support researches and studies on the arts and culture.
Sports
Section 19. (1) The State shall promote physical education and encourage sports programs, league competitions, and amateur sports, including training for international competitions, to foster self-discipline, teamwork, and excellence for the development of a healthy and alert citizenry.
(2) All educational institutions shall undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors.
http://philippineconstitution1987.wordpress.com/2009/01/11/philippine-constitution-article-xiv/
Section 1. The State shall protect and promote the right of all 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 the needs of the people and society;
(2) Establish and maintain a system of free public education in the elementary and high school levels. Without limiting the natural right 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 systems, as well as self-learning, independent, and out-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 duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency.
(3) At the option expressed in writing by the parents or guardians, religion shall be allowed to be taught to their children or wards in public elementary and high schools within the regular class hours by instructors designated or approved by the religious authorities of the religion to which the children or wards belong, without additional cost to the Government.
Section 4. (1) The State recognizes the complementary roles of public and private institutions in the educational system and shall exercise reasonable supervision and regulation of all educational institutions.
(2) Educational institutions, other than those established by religious groups and mission boards, shall be owned solely by citizens of the Philippines or corporations or associations at least sixty per centum of the capital of which is owned by such citizens. The Congress may, however, require increased Filipino equity participation in all educational institutions.
The control and administration of educational institutions shall be vested in citizens of the Philippines .
No educational institution shall be established exclusively for aliens and no group of aliens shall comprise more than one-third of the enrollment in any school. The provisions of this subsection shall not apply to schools established for foreign diplomatic personnel and their dependents and, unless otherwise provided by law, for other foreign temporary residents.
(3) All revenues and assets of non-stock, non-profit educational institutions used actually, directly, and exclusively for educational purposes shall be exempt from taxes and duties. Upon the dissolution or cessation of the corporate existence of such institutions, their assets shall be disposed of in the manner provided by law.
Proprietary educational institutions, including those cooperatively owned, may likewise be entitled to such exemptions subject to the limitations provided by law including restrictions on dividends and provisions for reinvestment.
(4) 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.
(4) 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.
Language
Section 6. The national language of the Philippines is Filipino. As it evolves, it shall be further developed and enriched on the basis of existing Philippine and other languages.
Subject to provisions of law and as the Congress may deem appropriate, the Government shall take steps to initiate and sustain the use of Filipino as a medium of official communication and as language of instruction in the educational system.
Section 7. For purposes of communication and instruction, the official languages of the Philippines are Filipino and, until otherwise provided by law, English.
The regional languages are the auxiliary official languages in the regions and shall serve as auxiliary media of instruction therein.
Spanish and Arabic shall be promoted on a voluntary and optional basis.
Section 8. This Constitution shall be promulgated in Filipino and English and shall be translated into major regional languages, Arabic, and Spanish.
Section 9. The Congress shall establish a national language commission composed of representatives of various regions and disciplines which shall undertake, coordinate, and promote researches for the development, propagation, and preservation of Filipino and other languages.
Science and Technology
Section 10. Science and technology are essential for national development and progress. The State shall give priority to research and development, invention, innovation, and their utilization; and to science and technology education, training, and services. It shall support indigenous, appropriate, and self-reliant scientific and technological capabilities, and their application to the country’s productive systems and national life.
Section 11. The Congress may provide for incentives, including tax deductions, to encourage private participation in programs of basic and applied scientific research. Scholarships, grants-in-aid, or other forms of incentives shall be provided to deserving science students, researchers, scientists, inventors, technologists, and specially gifted citizens.
Section 12. The State shall regulate the transfer and promote the adaptation of technology from all sources for the national benefit. It shall encourage the widest participation of private groups, local governments, and community-based organizations in the generation and utilization of science and technology.
Section 13. The State shall protect and secure the exclusive rights of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as may be provided by law.
Arts and Culture
Section 14. The State shall foster the preservation, enrichment, and dynamic evolution of a Filipino national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression.
Section 15. Arts and letters shall enjoy the patronage of the State. The State shall conserve, promote, and popularize the nation’s historical and cultural heritage and resources, as well as artistic creations.
Section 16. All the country’s artistic and historic wealth constitutes the cultural treasure of the nation and shall be under the protection of the State which may regulate its disposition.
Section 17. The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies.
Section 18. (1) The State shall ensure equal access to cultural opportunities through the educational system, public or private cultural entities, scholarships, grants and other incentives, and community cultural centers, and other public venues.
(2) The State shall encourage and support researches and studies on the arts and culture.
Sports
Section 19. (1) The State shall promote physical education and encourage sports programs, league competitions, and amateur sports, including training for international competitions, to foster self-discipline, teamwork, and excellence for the development of a healthy and alert citizenry.
(2) All educational institutions shall undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors.
http://philippineconstitution1987.wordpress.com/2009/01/11/philippine-constitution-article-xiv/
Bill of Rights - Article III, 1987 PHILIPPINE CONSTITUTION
1987 PHILIPPINE CONSTITUTION
ARTICLE III, BILL OF RIGHTS
Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.
Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.
Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.
Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.
Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.
Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.
Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.
Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.
Section 9. Private property shall not be taken for public use without just compensation.
Section 10. No law impairing the obligation of contracts shall be passed.
Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.
Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families.
Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
Section 14. (1) No person shall be held to answer for a criminal offense without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused: Provided, that he has been duly notified and his failure to appear is unjustifiable.
Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion, when the public safety requires it.
Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.
Section 17. No person shall be compelled to be a witness against himself.
Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.
Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.
Section 22. No ex post facto law or bill of attainder shall be enacted.
ARTICLE III, BILL OF RIGHTS
Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.
Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.
Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.
Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.
Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.
Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.
Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.
Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.
Section 9. Private property shall not be taken for public use without just compensation.
Section 10. No law impairing the obligation of contracts shall be passed.
Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.
Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families.
Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
Section 14. (1) No person shall be held to answer for a criminal offense without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused: Provided, that he has been duly notified and his failure to appear is unjustifiable.
Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion, when the public safety requires it.
Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.
Section 17. No person shall be compelled to be a witness against himself.
Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.
Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.
Section 22. No ex post facto law or bill of attainder shall be enacted.
Constitution of the Republic of the Philippines
(Source: http://en.wikipilipinas.org/index.php?title=Constitution_of_the_Philippines)
The 1987 Constitution of the Republic of the Philippines is the fundamental law establishing, defining and governing the Fourth Philippine Republic and its government. Ratified in 1987, it was preceeded by the 1986 Freedom Constitution and the 1973 Constitution.
The 1987 Constitution primarily returns the presidential form of government with a bicameral Congress from the parliamentary form espoused by the 1973 Constitution, with the inclusion of several check-and-balance mechanisms among the three branches of government: judiciary, executive and legislative. These include allowing the president to proclaim martial law or suspend the writ of habeas corpus, but the suspension may not exceed 60 days and can be revoked by the a Congress majority. Meanwhile, the judiciary (via the Judicial and Bar Council) needs to submit a list of nominees for the president to choose from when appointing members of the Supreme Court as well as the lower courts.
The 1987 Constitution also created the two autonomous regions in the country—the Autonomous Region of Muslim Mindanao (ARMM) and the Cordillera Administrative Region (CAR)--as well as several government agencies such as the Commission on Human Rights, the Judicial and Bar Council, and the Office of the Ombudsman. Filipino was declared as the national language.
History
After Marcos' overthrow in the 1986 EDSA People Power Revolution, there was a need to replace the 1973 Constitution which was in use during the dictatorship. President Corazon C. Aquino then issued Proclamation No. 9 on 23 April 1986, ordering the formation of a Constitutional Commission (ConCom). Chaired by Cecilia Munoz Palma, the ConCom commenced work on 2 June 1986 at the Batasang Pambansa.
The Cory Aquino administration used the 1986 Freedom Constitution, which was actually a set of major amendments to the 1973 Constitution. The new constitution was completed on 12 October 1986. The draft was presented to Aquino three days later, marking the start of a massive nationwide information campaign. A plebiscite for its ratification was held on 2 February 1987, with around 17 million voters in favor while only 5 million were against its ratification. The new constitution was then proclaimed as ratified and in effect on 11 February 1987, with the government and the military pledging their allegiance.
However, the plebiscite date of 2 February 1987 is taken as the official date of ratification due to the Supreme Court ruling in the De Leon vs. Esguerra (153 SCRA 602) case on the term of several barangay officials in Brgy. Dolores, Taytay, Rizal. In the ruling, the Supreme Court took the plebiscite date as the basis for ruling in favor of the petitioners.
Preamble
“We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.”
[edit] The Constitution
Preamble
Article I: National Territory
Article II: Declaration of Principles and State Policies
Article III: Bill of Rights
Article IV: Citizenship
Article V: Suffrage
Article VI: Legislative Department
Article VII: Executive Department
Article VIII: Judicial Department
Article IX: Constitutional Commissions
Article X: Local Government
Article XI: Accountability of Public Officers
Article XII: National Economy and Patrimony
Article XIII: Social Justice and Human Rights
Article XIV: Education, Science and Technology, Arts, Culture, and Sports
Article XV: The Family
Article XVI: General Provisions
Article XVII: Amendments or Revisions
Article XVIII: Transitory Provisions
The 1987 Constitution of the Republic of the Philippines is the fundamental law establishing, defining and governing the Fourth Philippine Republic and its government. Ratified in 1987, it was preceeded by the 1986 Freedom Constitution and the 1973 Constitution.
The 1987 Constitution primarily returns the presidential form of government with a bicameral Congress from the parliamentary form espoused by the 1973 Constitution, with the inclusion of several check-and-balance mechanisms among the three branches of government: judiciary, executive and legislative. These include allowing the president to proclaim martial law or suspend the writ of habeas corpus, but the suspension may not exceed 60 days and can be revoked by the a Congress majority. Meanwhile, the judiciary (via the Judicial and Bar Council) needs to submit a list of nominees for the president to choose from when appointing members of the Supreme Court as well as the lower courts.
The 1987 Constitution also created the two autonomous regions in the country—the Autonomous Region of Muslim Mindanao (ARMM) and the Cordillera Administrative Region (CAR)--as well as several government agencies such as the Commission on Human Rights, the Judicial and Bar Council, and the Office of the Ombudsman. Filipino was declared as the national language.
History
After Marcos' overthrow in the 1986 EDSA People Power Revolution, there was a need to replace the 1973 Constitution which was in use during the dictatorship. President Corazon C. Aquino then issued Proclamation No. 9 on 23 April 1986, ordering the formation of a Constitutional Commission (ConCom). Chaired by Cecilia Munoz Palma, the ConCom commenced work on 2 June 1986 at the Batasang Pambansa.
The Cory Aquino administration used the 1986 Freedom Constitution, which was actually a set of major amendments to the 1973 Constitution. The new constitution was completed on 12 October 1986. The draft was presented to Aquino three days later, marking the start of a massive nationwide information campaign. A plebiscite for its ratification was held on 2 February 1987, with around 17 million voters in favor while only 5 million were against its ratification. The new constitution was then proclaimed as ratified and in effect on 11 February 1987, with the government and the military pledging their allegiance.
However, the plebiscite date of 2 February 1987 is taken as the official date of ratification due to the Supreme Court ruling in the De Leon vs. Esguerra (153 SCRA 602) case on the term of several barangay officials in Brgy. Dolores, Taytay, Rizal. In the ruling, the Supreme Court took the plebiscite date as the basis for ruling in favor of the petitioners.
Preamble
“We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.”
[edit] The Constitution
Preamble
Article I: National Territory
Article II: Declaration of Principles and State Policies
Article III: Bill of Rights
Article IV: Citizenship
Article V: Suffrage
Article VI: Legislative Department
Article VII: Executive Department
Article VIII: Judicial Department
Article IX: Constitutional Commissions
Article X: Local Government
Article XI: Accountability of Public Officers
Article XII: National Economy and Patrimony
Article XIII: Social Justice and Human Rights
Article XIV: Education, Science and Technology, Arts, Culture, and Sports
Article XV: The Family
Article XVI: General Provisions
Article XVII: Amendments or Revisions
Article XVIII: Transitory Provisions
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