Study Guide in Prof.Ed.

101 - The Teaching Profession Module 2: Unit 2 –Historico-legal Foundations of Education

Module No.2

Unit 2 – Historico-Legal Foundations of Education

MODULE OVERVIEW

The Decree of Education in 1863 established the first

ever educational system in the Philippines. It required the government to
provide school institutions for boys and girls in every town. Given the
situation, the Spanish schools started accepting Filipino students. In ancient
Philippines, children were given the rudiments of education. Such education
was both academic and vocation. The father trained his sons to be warriors,
hunters, fishermen, miners, lumbermen and ship builders. The mother on her
part trained her daughters in cooking, gardening, serving and other
household arts.It is said that in ancient Panay, there was a barangay school
called Bothoan under the charge of the teacher usually an old man. The
subjects taught to the children in this barangay school were reading, writing,
arithmetic, use of weapons and lubus (acquiring kinaadman or amulets).

Hence, education during that time was geared toward their needs.
Because of colonization by several foreign countries and several historical
events, our education underwent several changes although we also retained
some of the ancient teachings which are practical even during our time.
With the country’s celebration of independence in 1946, scarcely seven
decades ago, have come every aspect of educational system in line with the
new status of a new nation seeking to achieve and maintain political and
economic independence and to fashion a nation truly united out of social and
cultural diversities.

LEARNING OBJECTIVES

1. Explain historical and legal foundations of education.

2. Identify 8 types of law for paralegals.
3.Elaborate sources of Philippine Educational Jurisprudence.
4. Describe Legal Underpinnings Philippine Education into educational
structure, educational policies and curriculum and instruction.

LEARNING CONTENTS

A. Historical Foundations
1. Global
a. Ancient Period - In the ancient system of education, which primarily took
place in gurukuls or ashrams, the students were meant to observe strict
discipline. They were meant to follow.

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Study Guide in Prof.Ed.101 - The Teaching Profession Module 2: Unit 2 –Historico-legal Foundations of Education

b. Middle/Medieval Period – it was often conducted by the Church. ... Very

few girls, if any, were educated at proper institutions, most girls were taught
basic reading and writing at their own homes. The students were taught
seven liberal arts; Latin, grammar, rhetoric, logic, astronomy, philosophy and
mathematics.
c. Renaissance Period- the Humanists of the Renaissance created schools to
teach their ideas and wrote books all about education. ... Education during
the Renaissance was mainly composed of ancient literature and history, as it
was thought that the classics provided moral instruction and an intensive
understanding of human behavior.
d. Modern/Contemporary Period- is the implementation
of learning activities which draw upon students' experiences, both in and out
of the classroom, thus helping them to recognize that they are developing
specific skills which they perceive to be significant for the world outside
of school. John Amos Comenius is the Father of Modern Education.

2. Local
a. Pre-colonial Period- during the pre-colonial period, most children were
provided with solely vocational training, which was supervised by parents,
tribal tutors or those assigned for specific, specialized roles within their
communities (for example, the babaylan). The cultural achievements of pre-
colonial Philippines include those covered by the prehistory and the early
history (900–1521) of the Philippine archipelago's inhabitants, the indigenous
forebears of today's Filipino people.

b. Spanish Period- in the Philippines, free access to modern

public education was made possible through the enactment of the Spanish
Education Decree of December 20, 1863 by Queen Isabella II. Primary
instruction was made free and the teaching of Spanish was compulsory.
History of the Philippines (1565–1898) The history of the Philippines from
1565 to 1898, also known as the Spanish Philippines or
the Spanish colonial period, was the period during which the Philippines were
part of the Spanish Empire as the Spanish East Indies within the Captaincy
General of the Philippines.

c. American Period - The period of American colonization of

the Philippines lasted 48 years, from cession of the Philippines to the U.S. by
Spain in 1898 to U.S. recognition of Philippine independence in 1946. After
independence in 1946, many Americans chose to remain in
the Philippines while maintaining relations with relatives in the US. The
students were given free school materials. There were three levels
of education during the American period. The "elementary" level consisted of
four primary years and 3 intermediate years. The "secondary" or
high school level consisted of four years; and the third was the "college" or
tertiary level. The greatest achievement in the Philippine was the
introduction of the public school system.

d. Post-colonial Period- U.S colonial rule of the archipelago was loosened

during the Commonwealth Period of 1935-1946, a period after which

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Study Guide in Prof.Ed.101 - The Teaching Profession Module 2: Unit 2 –Historico-legal Foundations of Education

the Philippines gained its independence. It is the historical period or state of

affairs representing the aftermath of Western colonialism; the term can also
be used to describe the concurrent project to reclaim and rethink the history
and agency of people subordinated under various forms of imperialism. This
is also known as contemporary period.

B. Legal Foundations
It is important for us to be knowledgeable on the legal bases because it
serves as a guide for us teachers on how to properly deal with our students.
Legal bases are provisions that gives limitations to both the teacher and
students to avoid instances that may violate the rights of the two parties.
Understanding these legal bases could help us in knowing what are the
things that a teacher must do and vice versa. as we know, innocence does not
excuse anyone to the Law. sometimes teacher do bad or illegal things
because they are not aware of the law. but that should not be an excuse,
because as a professional teacher, it is expected to know all the legal basis
that is connected to education. to avoid wrong practices and to be aware of
the real goal and meaning of Education in our country.

1. What is Law?
a. Definition and nature
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. Law means Justice,
Morality, Reason, Order, and Righteous from the view point of the
society. Law means Statutes, Acts, Rules, Regulations, Orders, and
Ordinances from point of view of legislature.

b. Typologies
There are many different branches of law including corporate law,
property and taxation law through to media, environmental health and
international law. All types of law have far-reaching effects and help to
shape politics, economics and society in numerous ways.

8 Types of law for paralegals

1. Criminal law

Criminal law concerns itself with finding and punishing people who have
broken the law by committing crimes. The goal of criminal law is to uncover
the true perpetrator of a crime and exact justice. Criminal law includes a
wide range of crimes, from homicides to pirating copyrighted material.

2. Corporate law

Corporate law is the system of criminal justice that makes sure

businesses adhere to local and federal regulations for conducting business
legally. Paralegals in this specialty might work for a single corporation as

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Study Guide in Prof.Ed.101 - The Teaching Profession Module 2: Unit 2 –Historico-legal Foundations of Education

part of their in-house legal team, or they might work for a firm that works
with many corporate clients.

3. International law

International law governs the interactions between different countries.

These laws are designed to promote trade and to keep all citizens safe.
International law often deals with issues related to preserving the
environment, establishing basic human rights and regulating trade.

4. 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 credit and banking.

5. Family law

This type of law handles cases related to family relationships, such as

divorce and child custody, adoption and termination of parental rights. These
cases often involve children, and some surround difficult circumstances, such
as child abuse or domestic violence.

6. Constitutional law

A constitution is a set of fundamental rules that determine how a

country or state is run. Almost all constitutions are “codified”, which simply
means they are written down clearly in a specific document called “the
constitution”. Court cases might surround issues like due process, civil rights
or freedom of speech.

7. Labor law

Labor laws oversee the relationship between employers and employees.

Their goal is to ensure that employees aren’t taken advantage of by
corporations, which typically have more bargaining power or resources than
an individual employee. Labor laws govern issues like collective bargaining,
unionization, benefits dispute and more.

8. 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.

2. Sources of Philippine Educational Jurisprudence

a.Constitution - the fundamental and supreme law of the land

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b.Statutes - including Acts of Congress, municipal charters, municipal

legislation, court rules, administrative rules and orders, legislative rules and
presidential issuances.

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 – it is an authoritative order or a rule or law enacted by local

government. A law about parking enacted by local government is an example
of an ordinance. A local law, usually on the municipality level, that, when fully
enacted, has the same effect and force as a statute within that municipality.

f. Legal Opinion - also known as an 'opinion letter', a legal opinion is

given in the form of a letter issued by a law firm expressing legal conclusions
and/or analysis of a specific transaction. The recipient of the opinion will
then rely on its contents as a basis for entering into the transaction.

g. Resolutions – According to Webster: the act of finding an answer or

solution to a conflict, problem, etc., the act of resolving something or an
answer or solution to something.

 The practice of submitting and voting on resolutions is a typical part of

business in Congress, state legislatures, and other public assemblies. T
hese bodies use resolutions for two purposes. First, resolutions express
their consensus on matters of public policy: lawmakers routinely deliver
criticism or support on a broad range of social issues, legal rights, court
opinions,and even decisions by the ExecutiveBranch. Second, they pas
s resolutions for internal, administrative purposes. Resolutions are not l
aws; they differ fundamentally in their purpose. However, under certain
circumstances resolutions can have the effect of law.

3. Legal Underpinnings Philippine Education

a. Educational Structure - Organization of the Education System and of
its Structure. The educational system is divided into four levels: pre-
primary, compulsory (single structure primary and lower
secondary education), upper secondary and higher education.
Adult education is also available and art schools, mainly music schools.

b. Educational Policies- Generally education policies are programs based

on decisions by educational administrators or legislators about how to
conduct the education of children and students seeking higher learning
skills. ... Education policy can also refer to the means by
which educational facilities (schools, training centers, etc.)

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 Study Guide in Prof.Ed.101 - The Teaching Profession Module 2: Unit 2 –Historico-legal Foundations of Education

The beliefs and experiences of education today rest on the history of the
field of endeavor.
By knowing what accomplishments of leaders in the past, today's educators
attempt to build on their
achievements. Therefore, the study of history of education helps teachers in
training to appreciate the
various aspects of their past educational process so as to link them to the
present. It also gives teachers
in training a solid foundation to plan for our present and
future educational development. Likewise,
studying history enables us to develop better understanding of the world in
which we live. Building
knowledge and understanding of historical events and trends, especially over the
past century, enables us
to develop a much greater appreciation for current events today.
In terms of legal foundations of education, it is important to know the
legal bases of education
as a teacher because it serves as our direction in terms of teaching and on how
to address and meeting with
our pupils. It is also important to know the educational laws for us to know what
are the rights, privileges,
duties and responsibilities as a teacher in the industry of education. It also helps
us to know what are the
things we must consider especially in doing things that are related in education,
to know also what are the
restriction of a teacher with her pupils.

c. Curriculum and Instruction- is a field within education which pursue to

research, develop, and implement curriculum changes that increase student
achievement within and outside schools. The field focuses on how students
learn and the best ways to educate.

LEARNING POINTS

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Study Guide in Prof.Ed.101 - The Teaching Profession Module 2: Unit 2 –Historico-legal Foundations of Education

LEARNING ACTIVITIES

Review Exercises

Name: _________________________________ Date: _________

Year & Section__________________________ Score: __________

Activity 1.1 Use Venn diagram in order to differentiate Historical Foundations

of education between the following:

1. Ancient Period and Middle/Medieval Period

2. Renaissance Period and Modern/Contemporary Period

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Study Guide in Prof.Ed.101 - The Teaching Profession Module 2: Unit 2 –Historico-legal Foundations of Education

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Study Guide in Prof.Ed.101 - The Teaching Profession Module 2: Unit 2 –Historico-legal Foundations of Education

Review Exercises

Name: _________________________________ Date: _________

Year & Section__________________________ Score: __________

Activity 1.2 Identification: Write the correct answer before each number.
__________________1. A period after which the Philippines gained its
independence where U.S colonial rule of the archipelago was loosened
during the Commonwealth Period of 1935-1946.

__________________2. Education during this period was mainly composed of

ancient literature and history, as it was thought that the classics provided
moral instruction and an intensive understanding of human behavior.

__________________3. During this period, most children were provided with

solely vocational training, which was supervised by parents, tribal tutors or
those assigned for specific, specialized roles within their communities.

__________________4.This 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.

__________________5. It is the system of criminal justice that makes sure

businesses adhere to local and federal regulations for conducting business
legally.

__________________6. A law governs the interactions between different

countries. These laws are designed to promote trade and to keep all
citizens safe.

__________________7. It oversees the relationship between employers and

employees. Their goal is to ensure that employees aren’t taken advantage
of by corporations, which typically have more bargaining power or
resources than an individual employee.

__________________8. It is an authoritative order or a rule or law enacted by

local government.

__________________9. A field within education which pursue to research,

develop, and implement curriculum changes that increase student
achievement within and outside schools. The field focuses on how students
learn and the best ways to educate.

__________________10. It includes the Act of Congress, municipal charters,

municipal legislation, court rules, administrative rules and orders,
legislative rules and presidential issuances.

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Study Guide in Prof.Ed.101 - The Teaching Profession Module 2: Unit 2 –Historico-legal Foundations of Education

REFERENCES

Salandanan, Gloria G.Methods of Teaching . LORIMAR Publishing, INC.

Salandanan,Gloria G.Elements of Good Teaching LORIMAR Publishing, INC.

Salandanan, Gloria G.Teaching and the Teacher. LORIMAR Publishing, INC.

Pawilen ,Greg T..Copyright 2019.Teaching Profession Passion and Mission Second Edition.REX Bookstore
Publishing Co.

BilbaoPurita et.al.Copyright 2012.The Teaching Profession,Second Edition.LORIMAR Publishing, Inc

BilbaoPurita et.al.Copyright 2018.The Teaching Profession, Fourth

Edition.LORIMAR Publishing, Inc.

BilbaoPurita et.al.Copyright 2006.The Teaching Profession,LORIMAR

Publishing, Inc.

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