Report in 1987 Philippine Constitution Article XIV Education, Science & Technology, Arts, Culture, and Sports (with cases) for CTP ICCT

1. 1987 Constitution of
the Republic of the
Philippines
Prepared by: Jan Paolo M. Leyva
Bachelor in Public Administration

2. Ang edukasyon ay isang karapatan,
hindi pribilehiyo.

3. Law, in the broadest sense, means any rule of action or norm
of conduct applicable to all kinds of action and to all objects of
creation (Suarez, 2015)
In legal sense, laws are rules of conduct, just and obligatory,
laid down by legitimate authority for the commo observance
and benefit (Sanchez Roman, p. 23, as cited in Suarez, 2015)

4. Classifications of Law
Public Law
• Constitutional Law – fundamental law of the land which defines the
powers of the government (Suarez, 2015)
General Information
Created: October 15, 1986
Ratified: February 2, 1987
TOTAL OF XVIII (18) Articles

5. Education may refer to the process of training the physical,
mental and/or moral faculties of an individual (De Leon, 2005).
Its purpose is to provide an individual with knowledge, skills,
competence or usually desirable qualities of behavior and
character to render him fit for duties in life (ibid.)

6. Key Articles and
Sections pertaining
to Education
Article II Declaration of Policies
and State Principles
(Section 11, 12, 13, 17)
Article III Bill of Rights
(Section 4, 5)
Article VI Legislative Branch
Article VII Executive Branch
Article X Local Government
Article XIV Education, Science and
Technology, Arts, Culture and
Sports

7. Key Articles and Sections pertaining to Education
Article II - Declaration of Policies and
State Principles
Section 12 – … The natural and primary right
and duty of the parents in the rearing of the
youth for civic efficiency and the
development of moral character shall
receive support for the government.

8. Key Articles and Sections pertaining to Education
Article II - Declaration of Policies and
State Principles
Section 17 – The State shall give priority to
education, science and technology, arts,
culture, and sports to foster patriotism and
nationalism, accelerate social progress, and
promote total human liberation and
development

9. Article XIV
Education, Science &
Technology, Arts,
Culture & Sports

10. Section 1.
The State shall protect and promote the rights of all
citizens to quality education at all levels and shall take
appropriate steps to make such education accessible to
all.

11. According to Fr. Joaquin Bernas, S.J. (2011), the three
principal characteristics of the educational system that
the State must promote and protect are:
(1) Quality education that is of high academic standards,
(2) Affordable education which is financially within the
reach not just for the wealthy and
(3) Education that is relevant to the needs of people and
society.

12. Goals of the State:
The State shall promote and protect:
1. The right to quality education at all levels;
2. The right to affordable and accessible education; and
3. Education that is relevant to the needs of people and
society. (Ateneo, 2007)

13. Quality Education – is the appropriateness, relevance
and excellence of the education given to meet the
needs and aspirations of an individual and society
-RA 9155

14. 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 all 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 the civics,
vocational efficiency, and other skills.

15. “… Without limiting the natural right of parents to rear their children,
elementary education is compulsory for all children of all age;”
The Constitutional Commission intended this to be a
moral and not a legal compulsion (Bernas, 2011)

16. …non-formal, informal, and indigenous learning systems
• Formal education 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 (R.A
9155/ BP Blg. 232)

17. …non-formal, informal, and indigenous learning systems
• 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 (R.A 9155/ BP Blg. 232)

18. …non-formal, informal, and indigenous learning systems
• Informal (learning systems) is a lifelong process of learning by which
every , person acquires and accumulates knowledge, skills, attitudes
and insights from daily experiences at home, at work, at play and from
life itself. (R.A 9155)

19. • Alternative Learning System – is a parallel learning system to
provide a viable alternative to the existing formal education
instruction. It encompasses both the non-formal and informal
sources of knowledge and skills (RA 9155)

20. ALS Non-formal Education happens outside the classroom,
community-based, usually conducted at community learning
centers, barangay multi-purpose hall, libraries or at home,
managed by ALS learning facilitators, such as mobile teachers,
district ALS Coordinators, instructional managers at an agreed
schedule and venue between the learners and facilitators.

21. Article 2 (5)
Technical Education and Skills Development Authority
(TESDA)

22. Section 3.
(1) All educational institution 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 the 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 instructions designated or
approved by the religious authorities of the religion to which the children or
wards belong, without additional cost to the government.

23. • Desired educational values (what education should or may
contain). The demonstration of Section 3 (2) is under the
discrepancy of the school as per practice of academic
freedom and is not a constitutional mandate to be a pre-
requisite subject.
• Moral Character – reference to external manner of
behaving
• Ethical and spiritual values – reference to the attitudinal
and intellectual perception of things
• (the desire for) Critical thinking – seeks to avoid learning by
rote

24. Religious Education in Public Schools
Religion may be taught in public schools subject
to the following requisites:
1. Express written option by parents and guardians;
2. Taught within regular class hours;
3. Instructors are designated and approved by the proper
religious authorities; and
4. Without additional cost to the government.

25. Section 4,
(1) The State recognizes the complimentary 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.

26. Section 4 (cont.)
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.

27. I. Filipinization
1. Ownership:
a) Filipino citizens, or
b) Corporations incorporated in RP and 60% Filipino-owned.
EXCEPT: Schools established by religious groups and mission boards.
c) Congress may increase Filipino equity requirements in ALL
educational institutions.
2. Control and Administration:
a) Must be vested in Filipino citizens
b) Refers to line positions, such as President, Dean, Principal, and
Trustees
c) Faculty members may be foreigners.

28. I. Filipinization
3. Student Population:
GENERAL RULE: Cannot establish school
exclusively for aliens. Aliens can only comprise up
to 1/3 of total enrollment.
EXCEPTIONS: Schools established for foreign diplomatic
personnel and their dependents, and unless otherwise
provided for by law for other foreign temporary
residents.

29. Tax breaks for private schools
Rationale of provision
1. To preserve the democratic choice of students
2. To enable educational institutions to improve their quality
3. To make quality education affordable to students
Institutions Covered
“Non-stock and non-profit educational institution”
Non-profit - no income accrues to the benefit of any
member of the corporation (Bernas, 2009)
The income it seeks to be exempted from taxation is used actually,
directly, and exclusively for educational purposes.

30. Tax Exemptions
1. Non-stock, non-profit educational institutions:
a) All revenues and assets actually, directly and exclusively used
for educational purposes are exempt from taxes and duties.
b) This is self-executory.
2. Proprietary educational institutions, including
cooperatives:
a) Entitled to exemptions as may be provided by law, including
restrictions on dividends and re-investment
b) Requires an enabling statute
c) Grants, endowments, donations and contributions actually,
directly and exclusively used for educational purposes are
exempt from taxes, subject to conditions prescribed by law.

31. 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.

32. Right to Education and Academic Freedom
The right to education must be read in
conjunction with the academic freedom of
schools to require “fair, reasonable, and
equitable admission requirements.”

33. ACADEMIC FREEDOM to teachers
(1940 Statement Principles; American Association of University Professors)
• The teacher is entitled to full freedom in research and in the
publication of the results, subject to the adequate
performance of his other academic duties
• The teacher is entitled to freedom in the classroom in
discussion of his subject, but he should be careful not to
introduce into his teaching controversial matter which has no
relations to his subject…

34. ACADEMIC FREEDOM to teachers
(1940 Statement Principles; American Association of University Professors- cont.)
• The college or university teacher is a citizen, a member of a learned
profession, and an office in an educational institution. When he speaks or
writes as a citizen, he should be free from institutional censorship or
discipline, but his special position in the community imposes special
obligations. As a man of learning and an educational officer, he should
remember that the public may judge his profession and his institution by
his utterance. Hence, he should at all times be accurate, should exercise
appropriate restraint, should show respect for the opinion of others, and
should make every effort to indicate that he is not an institutional
spokesman.

35. Four Essential Freedoms of a University/ Educational Institutions
1. Who may teach
2. What may be taught
3. How it shall teach
4. Who may be admitted to study
[Garcia v. Faculty Admission Committee, 68
SCRA 277 (1975) as cited in UP (2016)]

36. Power to Dismiss Students
1. Schools have the power to dismiss students, after due
process, for disciplinary reasons.
2. Acts committed outside the school may also be a
ground for disciplinary action if:
a. It involves violations of school policies connected to
school-sponsored activities; or
b. The misconduct affects the student’s status, or the
good name or reputation of the school.

37. Institutional academic freedom includes the right of the school or
college to decide for itself, its aims and objectives, and how fast to
attain them free from outside coercion or interference save
possibly when the overriding public interest calls for some restraint
(U.P., 2016)
The right to discipline the students likewise finds basis in the
freedom “what to teach.” Indeed, while it is categorically stated
under Educational Act of 1982 that students have a right “to freely
choose their field of study, subject to existing curricula and to
continue their course therein up to graduation,” such right is subject
to the established academic and disciplinary standards laid down
by the institution. [DLSU Inc., CA, G.R. No. 127980, 2007 as cited in U.P (2016)]

38. Academic Freedom for the students
Right to enjoy in school the guarantee of
the Bill of Rights
[Non v. Danes II, G.R. No. 89317, May 20, 1990 as cited
in San Beda (2013)]

39. Limitations of Academic Freedom
a) Dominant police power of the State
b) Social interest of the community

40. Due process in disciplinary action against students
(Guzman v. National Unversity, 142 SCRA 699, 706-7 (1986) as cited in Bernas (2011)
a) The student must be informed in writing of nature and the cause
of any accusation against them;
b) They shall have the right to answer the charges against them, with
the assistance of counsel, if desired;
c) They shall be informed of the evidence against them;
d) They shall have the right to adduce evidence in their own behalf;
and
e) The evidence must be duly considered by the investigating
committee or official designated by the school authorities to hear
and decide the case

41. Academic Freedom and Allocation of funds in Education
Cases

42. “It is the prerogative of the school to set high standards of
efficiency for its teachers since quality education is mandate of
the Constitution. As long as the standards fixed are reasonable
and not arbitrary, courts are not at liberty to set them aside.
Schools cannot be required to adopt standards which barely
satisfy criteria set for government recognition.”
- Peña vs NLRC, G.R. No. 100629, July 5, 1996

43. Allocation of larger share to debt service vis-à-vis
education is not unconstitutional. –The DECS already has
the highest budgetary allocation among all department
budgets. Congress can exercise its judgment and power
to appropriate enough funds to reasonably service debt.
Art. XIV, Sec. 5(5) is directive.
- Guingona v. Carague (1991) as cited by UP (2013)

44. Tablarin vs Gutierrez
• FACTS:
• Medical admission test allegedly contradicts the
provision that makes education accessible to all
• Petitioner was denied admission to a medical school
on the ground of having thrice failed the National
Medical Admission Test
• ISSUE:
• Whether or not Section 5 (a) and (f) of Republic Act No.
2382, as amended, and MECS Order No. 52, s. 1985 are
constitutional.

45. Tablarin vs Gutierrez
HELD:
• Petition was denied.
• Article XIV, Section 5 (3) Every citizen has a right to
select a profession or course of study, subject to fair,
reasonable, and equitable admission and academic
requirements.
• The right to enter a medical school is an exercise of
police power for the protection of the health of the
public through regulation of the medical profession.

46. Tablarin vs Gutierrez
Police Power
- … that inherent and plenary power in the State which
enables it to prohibit all that is hurtful to the comfort,
safety, and welfare of society (Ermita-Malate Hotel and Motel Operators
Assiciation Inc. v. Mayor of Manila as cited in Bernas, 2011)
-Police power rests upon public necessity and upon
the right of the state and of the public to self-
protection (Bernas, 2009)

47. Tablarin vs Gutierrez
Police Power
- “[t]he power vested in the legislature by the constitution
to make, ordain and establish all manner of wholesome
and reasonable laws, statues and ordinances, either with
penalties or without, not repugnant to the constitution, as
they shall judge to be for the good and welfare of the
commonwealth, and of the subjects of the same”
– Chief Justice Shaw as cited in Bernas, 2009

48. 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.

49. LANGUAGE (cont.)
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.

50.  Filipino – is a language consisting of a fusion of the various
existing Philippine Language (lingua franca)
 National Language – language which is being symbolic of the
Filipino nation and expressive of the Filipino soul
 Pilipino – the puristic form of Tagalog or the Abakada Tagalog
evolved by the Institution of the National Language
 Official Language – prescribed medium of communication for
all official acts of or transactions with various departments and
agencies of the government

51.  National language: Filipino
 Official Languages: Filipino, and unless otherwise provided
by law, English.
Regional languages are auxiliary to the official languages.
Spanish and Arabic are promoted only on an optional and
voluntary basis.

52. 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.

53. SCIENCE AND TECHNOLOGY (cont.)
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.

54. 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.

55. ARTS AND CULTURE (cont.)
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.

56. 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.

57. Expression of national policy and concern

58. References:
 Bernas, J. G. (2009). The 1987 Constitution of the Republic of the
Philippines: A commentary. Manila, Philippines: Rex Book Store.
 Bernas, J. G. (2011). The 1987 Philippine Constitution: A Comprehensive
Reviewer. Manila, Philippines: Rex Book Store.
 Garner, B. A. (2009). Black law dictionary: Definitions of the terms and
phrases of American and English jurisprudence, ancient and modern. St.
Paul, MN: West Publ.
 Suarez, R. A. (2015) Statutory Construction
 University of the Philippines College of Law (2016) Political Law