E263 Handou Report

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Group 2: Sources of Philippine Education Jurisprudence ( Montemayor & Torio R.

)
Constitution shall apply to and govern both formal and
 The main source of the philippine non-formal system in public and private
education jurisprudence is the schools in all levels of the entire
constitution educational system.
 The article 14 from the 1987
constitution from Section 1 to 19 Case Law or Jurisprudence
which tackles different sectors of  Case law pertains to law that came straight
the education from court decisions. It is consisting
 The state shall provide free and particularly of judicial interpretations of
compulsory Education to all the Constitution, a statute or the common
children age 6 to 14 years in such law. It also includes Supreme Court and
manner as state may, by law lower court decisions.
determine  1935 Constitution of the Republic of the
 Section 1. The State shall protect Philippines Article XIV: Section 5. All
and promote the right of all educational institutions shall be under the
citizens to quality education at all supervision of and subject to regulation by
levels, and shall take appropriate the State. The Government shall establish
steps to make such education and maintain a complete and adequate
accessible to all. system of public education, and shall
provide at least free public primary
Statutes instruction, and citizenship training to
 Law that has been formally adult citizens. All schools shall aim to
approved and written down. develop moral character, personal
 Act refers to Republic Act No. discipline, civic conscience, and vocational
10533 - An Act Enhancing the efficiency, and to teach the duties of
Philippine Basic Education System citizenship. Optional religious instruction
by Strengthening Its Curriculum shall be maintained in the public schools as
and Increasing the Number of now authorized by law. Universities
Years for Basic Education, established by the State shall enjoy
Appropriating Funds Therefor and academic freedom. The State shall create
for Other Purposes," otherwise scholarships in arts, science, and letters for
known as the "Enhanced Basic specially gifted citizens.
Education Act of 2013."  1973 Constitution of the Republic of the
 Republic Act 7877 - An act Philippines Article XV: SEC.1- 8
declaring sexual harrasment ad (1) All educational institutions shall be
unlawfullness in the employment, under the supervision of, and subject to
education or training environment regulation by, the State. The State shall
and for other purposes. establish and maintain a complete, adequate,
 Education Act of 1982 - An act and integrated system of education relevant
providing for the establishment to the goals of national development.
and maintenance of an integrated
system of education.... In (2) All institutions of higher learning shall
accordance with Section 2, this act enjoy academic freedom.
Group 2: Sources of Philippine Education Jurisprudence ( Montemayor & Torio R.)
dependents and, unless otherwise provided
(3) The study of the Constitution shall by law, for other foreign temporary residents.
be part of the curricular in all schools.
(8) At the option expressed in writing by the
(4) All educational institutions shall parents or guardians, and without cost to
aim to inculcate love of country, teach them and the Government, religion shall be
the duties of citizenship, and develop taught to their children or wards in public
moral character, personal discipline, elementary and high schools as may be
and scientific, technological, and provided by law.
vocational efficiency.  1987 Constitution of the Republic of the
Philippines Article XIV:
(5) The State shall maintain a system Section 1. The State shall protect and promote
of free public, elementary education the right of all citizens to quality education at
and, in areas where finances permit, all levels, and shall take appropriate steps to
establish and maintain a system of make such education accessible to all.
free public education at least up to
the secondary level. Section 2. The State shall:
(1) Establish, maintain, and support a
complete, adequate, and integrated system of
(6) The State shall provide citizenship education relevant to the needs of the people
and vocational training to adult and society; (2) Establish and maintain a
citizens and out-of-schoo youth, and system of free public education in the
create and maintain scholarships for elementary and high school levels. Without
poor and deserving students. limiting the natural right of parents to rear
their children, elementary education is
(7) Educational institutions, other compulsory for all children of school age.
than those established by religious
orders, mission boards, and charitable Section 3. (1) All educational institutions shall
organizations, shall be owned solely include the study of the Constitution as part of
by citizens of the Philippines, or the curricula. (2) They shall inculcate
corporations or association sixty per patriotism and nationalism, foster love of
centum of the capital of which is humanity, respect for human rights,
owned by such citizens. The control appreciation of the role of national heroes in
and administration of educational the historical development of the country,
institutions shall be vested in citizens teach the rights and duties of citizenship,
of the Philippines. No educational strengthen ethical and spiritual values,
institution shall be established develop moral character and personal
exclusively for aliens, and no group of discipline, encourage critical and creative
aliens shall comprise more than one- thinking, broaden scientific and technological
third of the enrolment in any school. knowledge, and promote vocational
The provisions of this sub-section shall efficiency. At the option expressed in writing
not apply to schools established for by the parents or guardians, religion shall be
foreign diplomatic personnel and their allowed to be taught to their children or
Group 2: Sources of Philippine Education Jurisprudence ( Montemayor & Torio R.)
wards in public elementary and high apply to and govern both formal and non-
schools within the regular class hours formal systems in public and private
by instructors designated or approved schools in all levels of the entire
by the religious authorities of the educational system.
religion to which the children or wards  Educational Act of 1994 / Public Act no.
belong, without additional cost to the 7722. In Section 1. This act shall known as
Government. "Higher Education Act of 1994"
Section 2. The State shall protect, foster and
Regulatory Laws promote the right of all citizens to affordable
 Regulatory law involves creating quality education at all levels and shall take
and/or managing the rules and appropriate steps to ensure that education
regulations created by federal and shall be accessible to all.
state agencies. There are careers in
regulatory law inside and outside ORDINANCE
of government in everything from  An ordinance is a law passed by a
finance to environmental law. municipal government. A municipality,
 Education law encompasses laws such as a city, town, village, or borough, is
and regulations governing school a political subdivision of a state within
systems and students' rights which a municipal corporation has been
movements. It deals with laws and established to provide local government to
regulations that govern federal and a population in a defined area.
state schools, school boards and  Act refers to Republic Act No. 10533,
school systems, as well as entitled "An Act Enhancing the Philippine
protecting students' rights. This Basic Education System by Strengthening
field covers curriculum instruction Its Curriculum and Increasing the Number
methods, school athletics, of Years for Basic Education, Appropriating
operation and administration of Funds Therefor and for Other Purposes,"
school institutions, programs, otherwise known as the "Enhanced Basic
educational materials, Education Act of 2013."
discrimination and school  RA 10157, also known as the "Kindergarten
discipline. Education law Education Act," which makes kindergarten
developed as a legal specialization education the first stage of compulsory
to ensure all students, faculty and and mandatory formal education prior to
staff within an educational system Grade 1. (This was actually passed before
are treated fairly and their civil the K to 12 law.)
rights are not compromised.  RA 10627, or the "Anti-Bullying Act of
Education law primarily deals with 2013." This law is one of the first "anti-
topics in Civil rights, Separation of bullying laws" in the world. Under this law,
church and state, Discrimination all public and private basic-education
and Public education. schools are mandated to adopt anti-
 The Educational Act of 1982 / bullying policies and establish intervention
Batas Pambansa bilang 232 In programs for both the child victim and the
Section 2. Coverage - This act shall child bully.
Group 2: Sources of Philippine Education Jurisprudence ( Montemayor & Torio R.)
LEGAL OPINION
 An opinion from lawyers issued in
letter form expressing legal
conclusions about and/or legal
analysis of a transaction or matter
which is relied on by the addressee
of the opinion. The main purposes
of a legal opinion are: To inform
the addressee of the legal effect of
a transaction or matter.
 1. 1935 CONST. Article XIV Section
5
 2. 1973 CONST. Article XV Section
8 (1-8)
 1987 CONST. Article XIV Sections 1-
5(5)

RESOLUTION
 a judgment or decision of the
court. In the context of a legislative
practice, “resolution” is just a form
in which a legislative body
expresses an opinion or a purpose
with respect to a given matter or
topic that is temporary in nature.
 • "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."
 • Article XIV, Section 1 to 19 of the
1987 Philippine Constitution.

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