MODULE

4 LEGAL

Overview

This module is all about the legal bases for inclusive and special education in the
Philippines. It discusses such laws that leads the inclusion of special education in the land.
It also tackles some scenarios on how such laws practice the inclusion of education in the
Philippines.

Objectives

At the end of the lesson, the student is expected to:

1. Define the acts and codes: 1987 Phil. Constitution, Art. XIV, Sec 1&2; RA
10533; RA 8371; PD 603; and RA 7610.
2. Demonstrate understanding of the legal bases for inclusive and special
education in the Philippines.
3. Demonstrate knowledge about the importance of these legal acts and codes in
our country especially for the purpose of inclusive and special education.

Discussions
A. The 1987 Philippine Constitution, Article XIV, Section 1&2
What is 1987 Constitution?
The 1987 Constitution of the Philippines is the supreme law of the country. It was
drafted by a Constitutional Commission appointed by President Corazon Aquino in 1986
and was ratified by a nationwide plebiscite on February 2, 1987.
The information below is the timeline background through which 1987
Constitution was created:
 1965: The Philippine Congress passed a law calling for the election of delegates
to a constitutional convention to draft a new constitution.
1971: The Constitutional Convention was convened, but it was dissolved in 1972
when President Ferdinand Marcos declared martial law and suspended the Constitution.
1981: Marcos called for a new Constitutional Commission to draft a new
constitution.
1984: The Constitutional Commission submitted its proposed constitution to
Marcos, but it was not ratified due to allegations of fraud during the constitutional
plebiscite.
1986: A peaceful people power revolution led by Corazon Aquino ousted Marcos
from power and installed her as President. Aquino appointed a new Constitutional
Commission to draft a new constitution.
1987: The 1987 Constitution was ratified by a nationwide plebiscite on February
2, 1987. It replaced the 1973 Constitution, which had been in effect during Marcos'
regime.
The 1987 Constitution is notable for its provisions on human rights, social justice,
and the decentralization of power. It also established a presidential system of government
with a bicameral legislature, an independent judiciary, and a constitutional commission to
oversee elections.

What is the purpose of 1987 Constitution of the Philippines?

The 1987 Constitution of the Philippines serves as the supreme law of the land
and provides the framework for the government of the Republic of the Philippines. It was
ratified on February 2, 1987, following the ousting of former President Ferdinand Marcos,
who had ruled the country under martial law for over a decade.
The primary purpose of the 1987 Constitution is to establish a democratic
government that upholds the principles of social justice, human rights, and the rule of law.
It outlines the powers and responsibilities of the three branches of government, namely
the executive, legislative, and judicial branches, and defines the relationship between
them.
The Constitution also guarantees various fundamental rights and freedoms to all
Filipino citizens, such as freedom of speech, religion, and assembly. It recognizes the
importance of family and provides for the protection of children and the promotion of
women's rights. Additionally, the Constitution mandates the preservation and protection
of the country's natural resources and the environment.
The 1987 Constitution of the Philippines has had numerous contributions to the
country since its adoption. Here are some of them:
a. Promotion of Democracy: The Constitution provides for the establishment of a
democratic and republican form of government, with regular elections, and a system
of checks and balances. This has helped to ensure that power is not concentrated in
the hands of a few, and that the voices of the people are heard.
b. Protection of Human Rights: The Constitution recognizes and protects human
rights, including the right to life, liberty, and property, freedom of speech, religion,
and the press, and the right to due process of law. This has helped to ensure that the
rights of individuals are respected and upheld.
c. Empowerment of Marginalized Groups: The Constitution promotes social justice
and the protection of the rights of workers, farmers, and other marginalized groups.
This has helped to ensure that the interests of the most vulnerable members of
society are taken into account.
d. Establishment of Strong Institutions: The Constitution establishes the three
branches of government, each with its own distinct powers and responsibilities. This
has helped to ensure that power is not concentrated in any one institution, and that
each branch serves as a check on the others.
e. Encouragement of National Development: The Constitution recognizes the
importance of education, culture, and the arts in nation-building. This has helped to
foster a sense of national identity and pride, and to promote the country's
development and progress.

The Constitution of the Republic of the Philippines

PREAMBLE
1. ARTICLE I National Territory
2. ARTICLE II Declaration of Principles and State Policies
3. ARTICLE III Bill of Rights
4. ARTICLE IV Citizenship
5. ARTICLE V Suffrage
6. ARTICLE VI Legislative Department
7. ARTICLE VII Executive Department
8. ARTICLE VIII Judicial Department
9. ARTICLE IX Constitutional Commissions
10. ARTICLE X Local Government
11. ARTICLE XI Accountability of Public Officers
12. ARTICLE XII National Economy and Patrimony
13. ARTICLE XIII Social Justice and Human Rights
14. ARTICLE XIV Education, Science and Technology, Arts, Culture and Sports
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 - SECTION 19
15. ARTICLE XV The Family
16. ARTICLE XVI General Provisions
17. ARTICLE XVII Amendments or Revisions
18. ARTICLE XVIII Transitory Provisions

B. Republic Act 10533 Enhanced Basic Education Act-including ALS

and Learners with Special Needs
Republic act no. 10533 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. Be it enacted by the Senate and
House of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title. — This Act shall be known as the “Enhanced Basic
Education Act of 2013”.
SEC. 3. Basic Education. — Basic education is intended to meet basic learning
needs which provides the foundation on which subsequent learning can be based. It
encompasses kindergarten, elementary and secondary education as well as alternative
learning systems for out-of-school learners and those with special needs.
 SEC. 5. Curriculum Development. The DepEd shall adhere to the following
standards and principles in developing the enhanced basic education curriculum:
a. The curriculum shall be learner-centered, inclusive and developmentally appropriate.

C. Republic Act 8371 Indigenous People’s Right Act

The Republic Act No. 8371 known as "The Indigenous Peoples' Right Act of
1997 is an act which aims to recognize, protect and promote the rights of indigenous
cultural communities/indigenous peoples, creating a national commission on indigenous
peoples, establishing implementing mechanisms, appropriating funds therefor, and for
other purposes.
According to Section 2, the State shall recognize and promote all the rights of
Indigenous Cultural Communities or Indigenous people (ICCs/IPs). Every indigenous
people has also rights in terms of education, which makes the education system of the
Philippines inclusive.
(e) The State shall take measures, with the participation of the ICCs/IPs
concerned, to protect their rights and guaranteebrespect for their cultural integrity, and to
ensure that members of the ICCs/IPs benefit on an equal footing from the rights and
opportunities which national laws and regulations grant to other members of the
population; and
(f) The State recognizes it's obligations to respond to the strong expression or the
ICCs/IPs for cultural integrity by assuring maximum ICC/IP participation in the direction
of education, health, as well as other services of ICCs/IPs, in order to render such
services more responsive to the need and desires of these communities.
According to Section 28 or the Integrated System of Education says that the
State shall provide a complete, adequate and integrated system of education, relevant to
the needs of the children and young people of ICCs/IPs, through the NCIP. NCIP or the
National Commission on the Indigenous Peoples refers to the office created under this
Act, which shall be under the Office of the President, and which shall be the primary
government agency responsible for the formulation and implementation of policies, plans
and programs to recognize, protect and promote the rights of ICCs/IPs.
According to Section 26, which focuses on the rights of indigenous women, also
mention that the State shall provide full access to education for indigenous women.
Vocational, technical, professional and other forms of training shall be provided to enable
these women to fully participate in all aspects of social life.
In Chapter VI Section 30 or the Educational System says that the State shall
provide "equal" access to various cultural opportunities to the ICCs/IPs through the
educational system, public or private cultural entities, scholarship, grants and other
incentives without prejudice to their right to establish and control their educational
systems and institutions by providing education in their own language, in a manner
appropriate to their cultural methods of teaching and learning. Indigenous children/youth
shall have the right to all levels forms of education of the State.
One of the living testimony of the implementation of Republic Act No. 8371 was
the first Aeta graduate of UP Manila, Norman King and every member of indigenous
community who have opportunities to be in school.

D. Presidential Decree 603 (The Child and The Youth Welfare Code)
The PD 603 or Presidential Decree no. 603 is an act known for The Child and
The Youth Welfare Code. This code was signed into law by the late Philippine
President Ferdinand E. Marcos Sr. on the 10th day of December 1974. This code is
extensively only for Filipino children whose age are below 21 years old except those
emancipated with accordance to the law. Thus, it is mandated to coordinate the
implementation and enforcement of of all laws, formulate, monitor, and evaluate policies,
programs, and measures for students.
According to Title 1: General Principles;
In Article 3: Rights of the Child. (3) Every child has the right to a well-rounded
development of his personality to the end that he may become a happy, useful and active
member of society. Meaning every learners despite of differences is entitled with quality
education. Even though a child is identified as gifted child, emotionally disturbed or
socially maladjusted, or even physically or mentally handicapped, they are free to
consume the knowledge that they need to have for their future life and endeavour.
In Article 12: Education. The schools and other entities engaged in non-formal
education shall assist the parents in providing the best education for the child. It is done
in order to help guardians and parents on assisting the need of their children upon
acquiring the education that they need to have and know.
According to Title III: Child And Youth Welfare And Education;
In Article 71. Admission to Schools. – The state shall see to it that no child is
refused admission in public schools, especially to complete at least an elementary
education. It is not a compulsory requirement but rather an obligation of parents in order
to help their children to acquire the basics of education which will be much useful in the
entire life of their child. Students must be admitted to school in order to build their
characters, the attain necessary skills in life such as basic math computation,
communication skill which are all opportunities for every child. With or without
differences.
In Article 72. Assistance.– To implement effectively the compulsory education
policy, all necessary assistance possible shall be given to parents,specially indigent ones
or those who need the services of children at home, to enable the children to acquire at
least an elementary education. We all know that the Philippines is in the peak of poverty
nowadays and as poverty erupted, numbers of unenrolled children in schools are widely
seen. To make education more inclusive, education sectors through schools are extending
their hands to further help this group of individuals. Assistance could be in a form of aids
such as school supplies, material in education such as books, and even training for those
guardians to further secure that their children are actually learning despite of the
challenge in their lives.
In Article 73. Nursery School. – To further help promote the welfare of children
of working mothers and indigent parents, and in keeping with the Constitutional
provision on the maintenance of an adequate system of public education, public nursery
and kindergarten schools shall be maintained, whenever possible. We all know that in the
long ran of education, mastery of the L1 or first language is needed to unlocked fountain
of knowledge. If nursery and kindergarten schools are not accessible for the less fortunate
family, then, it is possibly to say that children from this background would absorb less or
nothing compare to those family with a sustained life. That is why public nursery and
kindergarten schools are always maintained, to make education more inclusive for this
kind of socioeconomic background family.
In Article 74. Special Classes. – Where needs warrant, there shall be at least
special classes in every province, and, if possible, special schools for the physically
handicapped, the mentally retarded, the emotionally disturbed, and the specially gifted.
Given the fact that children have unique traits and characteristics (with or without
differences), it is always a necessary action of education sector to make a special classes
rooms for children with special needs with trained teachers that could facilitate their
learning. Because despite of being special, they are also entitled to absorb and attain the
education they need and want to know. It will somehow help build and strengthen their
characters and thus will also help them to be a better members of the society they are
living.
In Article 75. School Plants and Facilities. – Local school officials and local
government officials shall see to it that school children and students are provided with
adequate schoolrooms and facilities including playground, space, and facilities for sports
and physical development activities. It is necessary that school equipment are all readily
available for the students in any schools. Why? Because school equipment will further
help every students to empower their knowledge and help them build better their skills
and talents.
According to Chapter II. The Home And The School;
In Article 76 Role of the Home. – The home shall fully support the school in the
implementation of the total school program – curricular and co-curricular – toward the
proper physical, social, intellectual and moral development of the child. Another
obligation of the home (or the parents and guardians) is that being a supporting system to
school programs. Why? Because when a home pledge support to the school program they
are not actually supporting the school itself. But rather helping their children also.
Because schools and home are really in need with collaboration so as children (with or
without differences) could empower their minds, develop their skills, and absorb new
experiences that will help them in their life.
In Article 77. Parent-Teacher Associations. – Every elementary and secondary
school shall organize a parent-teacher association for the purpose of providing a forum
for the discussion of problems and their solutions, relating to the total school program,
and for insuring the full cooperation of parents in the efficient implementation of such
program. Aside from the narrow reasons of signing report cards and plus points for
attendance, PTA meeting is necessary for every school grounds. It is done 4x, once in
every grading period so as to enlighten parents and guardians about the achievement and
development of their child. PTA is always be done in order to bring closer the needs of
every students in each class. Sometimes, there are students that are seen with special
needs due that they are far ahead or behind of their classmates. That’s why PTA is
needed to make education more realistic and thus cater all the needs of the student which
will also brings them better life skills development.

E. Republic Act 7610 (Special Protection Against Child Abuse and

Exploitation)
The RA 7610 is an act providing for stronger deterrence and special protection
against child abuse, exploitation and discrimination , and for other purposes.

According to Article lll. Child Prostitution - It pertains to the prostitution

involving the child in the form of commercial sexual exploitation. In some terms, it refers
to the exploitation of the minors which are under the legal age of consent. As observed
nowadays it is very rampant and cases are involving the foreigners and with high social
status personality according to news.
In Section 5. Child Prostitution and Other Sexual Abuse. Children, whether
male or female, who for money, profit, or any other consideration or due to the coercion
or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious
conduct, are deemed to be children exploited in prostitution and other sexual abuse.
In Section 6. Attempt To Commit Child Prostitution. There is an attempt to
commit child prostitution under Section 5, paragraph hereof when any person who, not
being a relative of a child, is found alone with the said child inside the room or cubicle of
a house, an inn, hotel, motel, pension house, aparthotel or other similar establishments,
vessel, vehicle or any other hidden or secluded area under circumstances which would
lead a reasonable person to believe that the child is about to be exploited in prostitution
and other sexual abuse.
According to ARTICLE 4 (RA NO. 9208) also known as Anti-trafficking in
persons act of 2003, institute policies to eliminate trafficking in persons especially
women and children. It establishes the necessary institutional mechanisms to protect and
support trafficked persons and provides penalties for its violation.
In Section 7 CHILD TRAFFICKING. Any person who shall engage in trading
and dealing with children including, but not limited to the act of buying and selling of a
child for money, or for any other consideration, or barter , shall suffer the penalty of
reclusion temporal to reclusion perpetua.
In Section 8. Any person who has personal knowledge of the commission of any
offense under this act, the trafficked persons, the parents, spouse, siblings, children or
legal guardian May file a complainant for trafficking.
According to ARTICLE VIII. Working Children - are children allowed to work,
but not in child labor or in hazardous economic activity.
In Section 13. Non-formal Education for Working Children. The Department
of Education, Culture and Sports shall promulgate a course design under its non-formal
education program aimed at promoting the intellectual, moral and vocational efficiency
of working children who have not undergone or finished elementary or secondary
education. Such course design shall integrate the learning process deemed most effective
under given circumstances.
According to Article 9 section 18. The Department of Education, Culture and
Sports shall develop and institute an alternative system of education for children of
indigenous cultural communities which culture -specific and relevant to the needs of and
the existing situation in their communities.
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