Jerlie Loise Medija

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Philippine Legal Basis for Inclusive Education
The benefits of Inclusive Education are: children with disabilities achieve better results
when they are educated in an inclusive environment; they will become more confident of
their abilities and better able to make strong friendships with their peers and offer
accessible learning for all. The following are the list of Philippine legal bases for Inclusive
Education.
1. The 1987 Philippine Constitution (Art.XIV, Sec 1&2)
EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS
EDUCATION
Section: 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.
2. RA No. 10533, The enhance Basic Education Act of 2013
AN ACT ENHANCING THE PHILIPPINE BASIC EDUCATION SYSTEM BY
STRENGTHENING ITS CURRICULUM AND INCREASING THE NUMBER OF YEARS
FOR BASIC EDUCATION, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES
The State shall establish, maintain and support a complete, adequate, and integrated
system of education relevant to the needs of the people, the country and society-at-large.
Likewise, it is hereby declared the policy of the State that every graduate of basic
education shall be an empowered individual who has learned, through a program that is
rooted on sound educational principles and geared towards excellence, the foundations
for learning throughout life, the competence to engage in work and be productive, the
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ability to coexist in fruitful harmony with local and global communities, the capability to
engage in autonomous, creative, and critical thinking, and the capacity and willingness to
transform others and one’s self.
3. RA No. 10157, The Kindergarten Education Act
AN ACT INSTITUTIONALIZING THE KINDERGARTEN EDUCATION INTO THE BASIC
EDUCATION SYSTEM AND APPROPRIATING FUNDS
SEC. 2. In consonance with the Millennium Development Goals on achieving Education
for All (EFA) by the year 2015, it is hereby declared the policy of the State to provide
equal opportunities for all children to avail of accessible mandatory and compulsory
kindergarten education that effectively promotes physical, social, intellectual, emotional
and skills stimulation and values formation to sufficiently prepare them for formal
elementary schooling. This Act shall apply to elementary school system being the first
stage of compulsory and mandatory formal education. Thus, kindergarten will now be an
integral part of the basic education system of the country.
Kindergarten education is vital to the academic and technical development of the Filipino
child for it is the period when the young mind’s absorptive capacity for learning is at its
sharpest. It is also the policy of the State to make education learner-oriented and
responsive to the needs, cognitive and cultural capacity, the circumstances and diversity
of learners, schools and communities through the appropriate languages of teaching and
learning.
4. RA No. 9155, The Governance of Basic Education Act of 2001
AN ACT INSTITUTING A FRAMEWORK OF GOVERNANCE FOR BASIC EDUCATION,
ESTABLISHING AUTHORITY AND ACCOUNTABILITY, RENAMING THE
DEPARTMENT OF EDUCATION, CULTURE AND SPORTS AS THE DEPARTMENT OF
EDUCATION, AND FOR OTHER PURPOSES
It is hereby declared the policy of the State to protect and promote the right of all citizens
to quality basic education and to make such education accessible to all by providing all
Filipino children a free and compulsory education in the elementary level and free
education in the high school level. Such education shall also include alternative learning
systems for out-of-school youth and adult learners. It shall be the goal of basic education
to provide them with the skills, knowledge and values they need to become caring, self-
reliant, productive and patriotic citizens.
The school shall be the heart of the formal education system. It is where children learn.
Schools shall have a single aim of providing the best possible basic education for all
learners.
5. RA No, 8371, The Indigenous Peoples Right of 1997
AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUS
CULTURAL COMMUNITIES/INDIGENOUS PEOPLES, CREATING A NATIONAL
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COMMISSION ON INDIGENOUS PEOPLES, ESTABLISHING IMPLEMENTING
MECHANISMS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES
6. P.D. 603 – The Child and Youth Welfare Code
The Council for the Welfare of Children (CWC) was created through Presidential Decree
603, otherwise known as the Child and Youth Welfare Code in 1974. It is mandated to
coordinate the implementation and enforcement of all laws, formulate, monitor and
evaluate policies, programs and measures for children.
7. RA No. 7610 – Special Protection of Children against Child Abuse, Neglect,
Cruelty, exploitation and Discrimination
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION
AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, PROVIDING
PENALTIES FOR ITS VIOLATION AND FOR OTHER PURPOSES.
It is hereby declared to be the policy of the State to provide special protection to children
from all firms of abuse, neglect, cruelty exploitation and discrimination and other
conditions, prejudicial their development; provide sanctions for their commission and
carry out a program for prevention and deterrence of and crisis intervention in situations
of child abuse, exploitation and discrimination. The State shall intervene on behalf of the
child when the parent, guardian, teacher or person having care or custody of the child
fails or is unable to protect the child against abuse, exploitation and discrimination or
when such acts against the child are committed by the said parent, guardian, teacher or
person having care and custody of the same.
8. RA No. 9344, The Juvenile Justice and Welfare Act of 2006
AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE
SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER
THE DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES
It shall cover the different stages involving children at risk and children in conflict with the
law from prevention to rehabilitation and reintegration.
9. RA No. 9442 amending RA No. 7277 – The Magna Carta for Disabled Persons
Act Amending Republic Act No. 7277, Otherwise known as the Magna Carta for Persons
with Disability as Amended, and For Other Purposes’ Granting Additional Privileges and
Incentives and Prohibitions on Verbal, Non-Verbal Ridicule and Vilification Against
Persons with Disability
It is the objective of Republic Act No. 9442 to provide persons with disability, the
opportunity to participate fully into the mainstream of society by granting them at least
twenty percent (20%) discount in all basic services. It is a declared policy of RA 7277 that
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persons with disability are part of Philippine society, and thus the State shall give full
support to the improvement of their total well being and their integration into the
mainstream of society. They have the same rights as other people to take their proper
place in society. They should be able to live freely and as independently as possible. This
must be the concern of everyone the family, community and all government and non-
government organizations. Rights of persons with disability must never be perceived as
welfare services. Prohibitions on verbal, non-verbal ridicule and vilification against
persons with disability shall always be observed at all times.
10. RA No. 10665, an Act establishing the Open High School System in the
Philippines
Republic Act (RA) 10665 or the Open High School System Act seeks to provide more
learners access to secondary education through the open learning modality.
It is hereby declared the policy of the State to broaden access to relevant quality
education through the employment of an alternative secondary education program that
will enable the youth to overcome personal, geographical, socioeconomic and physical
constraints, to encourage them to complete secondary education. This is in line with the
constitutional policy that mandates the State to “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”, as stated in Article
XIV, Section 2, paragraph 4 of the 1987 Constitution.
11. RA No. 10361, The Domestic Workers Act or Batas Kasambahay
AN ACT INSTITUTING POLICIES FOR THE PROTECTION AND WELFARE OF
DOMESTIC WORKERS
The State strongly affirms labor as a primary social force and is committed to respect,
promote, protect and realize the fundamental principles and rights at work including, but
not limited to, abolition of child labor, elimination of all forms of forced labor, discrimination
in employment and occupation, and trafficking in persons, especially women and children
Sources:

https://www.officialgazette.gov.ph

http://www.gov.ph/

https://www.lawphil.net/

https://www.ncda.gov.ph/

https://clb.org.ph/