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Week 3 Unit 2 Legal Foundations

The document discusses the legal foundations of Philippine education. It begins by defining law and describing the different types of law. It then discusses the sources of Philippine educational jurisprudence, which include the Constitution, statutes, case law, regulatory laws, ordinances, legal opinions, and resolutions. Finally, it outlines the legal underpinnings of Philippine education, noting that the Constitution guarantees the right to education and sets overall policy direction. It also discusses the educational structure, policies, and curriculum and instruction aspects that are governed by laws and policies.

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Timothy Leron
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150 views19 pages

Week 3 Unit 2 Legal Foundations

The document discusses the legal foundations of Philippine education. It begins by defining law and describing the different types of law. It then discusses the sources of Philippine educational jurisprudence, which include the Constitution, statutes, case law, regulatory laws, ordinances, legal opinions, and resolutions. Finally, it outlines the legal underpinnings of Philippine education, noting that the Constitution guarantees the right to education and sets overall policy direction. It also discusses the educational structure, policies, and curriculum and instruction aspects that are governed by laws and policies.

Uploaded by

Timothy Leron
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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LEGAL FOUNDATIONS

Presented by: Reyes and Verceles


WHAT WE WILL
TALK ABOUT
• What is Law - Definition, Nature, and
Typologies

2. Sources of Philippine Educational


Jurisprudence

3. Legal Underpinnings Philippine


Education
WHAT IS LAW?
• Law is the system of rules which a particular country or community recognizes as
regulating the actions of its members and which it may enforce by the imposition of
penalties. In regards to the nature of Law, it is an instrument which regulates human
conduct/behavior.
TYPOLOGIES
There are many different branches of law
including corporate law, property and taxation law
through to media, environmental health and
international law. There are 8 types of law
for paralegals:

• Criminal Law
• Corporate Law
• International Law
• Commercial Law
• Family Law
• Institutional Law
• Labor Law
• Intellectual Property Law
CRIMINAL LAW
• Criminal law concerns itself with
finding and punishing people
who have broken the law
by committing crimes.
• Two Types: Felonies and
Misdemeanors
CORPORATE LAW
• Corporate law is the system of criminal justice that makes sure
businesses adhere to local and federal regulations for
conducting business legally.
Examples: Mergers, Acquisitions, Securities law, Incorporation
INTERNATIONAL
LAW
• International law governs the
interactions between different
countries. These laws are designed
to promote trade and to keep all
citizens safe.
Example: Treaties, International Court of
Justice (ICJ), Law of the Sea, Diplomatic
Immunity
COMMERCIAL
LAW
• Commercial law sometimes called trade law or
business law-deals with commerce, trade and
consumer transactions. This broad legal field
includes areas like bankruptcy, contracts,
mortgages and real estate,
consumer protection.
• This type of law handles cases related to family

FAMILY relationships, such as annulment, child


custody, adoption, and termination of

LAW parental rights. These cases often involve children,


and some surround difficult circumstances, such as child
abuse or domestic violence.
CONSTITUTIONAL
LAW
• Constitutional law is a branch of law that deals
with the interpretation and application
of a country's constitution. A constitution is a
fundamental legal document that establishes the
structure, powers, and functions of the government,
as well as the rights and liberties of the citizens
LABOR LAW
Labor laws oversee the relationship between employers and employees. Labor
laws govern issues like collective bargaining, unionization, benefits dispute
and more.
INTELLECTUAL
PROPERTY LAW
• Intellectual property (IP) refers to
intangible creative works or
inventions that are
protected by copyrights,
trademarks or patents. These
laws work to protect creators from
copyright infringement.
SOURCES OF PHILIPPINE
EDUCATIONAL
JURISPRUDENCE
a. Constitution - the fundamental and supreme
law of the land.

Article XIV, Section 1-19 from the 1987


Constitution
b. Statutes - including Acts of Congress, municipal
charters, municipal legislation, court rules,
administrative rules and orders, legislative rules and
presidential issuances

Republic Act No. 10533 or Enhanced


Education Act of 2013
Republic Act 7877 or The Anti-Sexual
Harassment Act of 1995
Education Act of 1982
c. Case Law or Jurisprudence - It is a legal system. The
word jurisprudence derives from the Latin term juris prudentia,
which means "the study, knowledge, or science of law.".

d. Regulatory Laws - administrative law is also sometimes


called regulatory law. Regulation is the act of controlling, or a law,
rule or order.

e. Ordinance - Generally, an ordinance is a local law of a


municipal corporation, duly enacted by the proper authorities,
prescribing general, uniform and permanent rules of conduct
relating to the corporate powers of the municipality
Example: Ordinance No. 91-38 - an ordinance of
restricting all schools from elementary to college
in having and tolerating fraternities within the
City of Muntinlupa.
f. 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. In law, a legal opinion is in certain jurisprudence
a written explanation by a judge or group of judges that accompanies an order or ruling in a
case, laying out the rational and legal principle for the ruling.
g. Resolution- Resolution is the act of finding an answer or solution to a conflict or
problem.
LEGAL UNDERPINNINGS PHILIPPINE
EDUCATION
In 1987 Philippine Constitution guarantees the right to education for all citizens and sets the overall
policy direction for the education system.

EDUCATIONAL CURRICULUM AND


EDUCATIONAL POLICIES
STRUCTURE INSTRUCTION

• Organization of the Education System • Generally education policies • is a field within education which
and of its Structure. The educational
are programs based on pursue to research,
system is divided into four
decisions by educational develop, and implement
levels:
administrators or curriculum changes that
a. Pre - Primary
legislators about how to increase student achievement
b. Compulsory (single structure primary
conduct the education of within and outside schools. The
and lower secondary education)
children and students
c. Upper secondary and higher field focuses on how students
seeking higher learning
education learn and the best ways to
skills. ...Education policy can also
d. Adult education educate.
refer to the means by which
educational facilities
Republic Act (RA) 11650, inked by Duterte on March 11, provides that no
learner shall be denied admission based on their disability. The new law
provides that all schools, whether public or private, shall ensure
equitable access to quality education to every learner with disability

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