Problems arising from the provisions of the Philippine Constitution of 1935 and 1973

Seminar in Legal Problems and Issues in Education

Topic: Problems arising from the provisions of the Philippine Constitutions of 1935 and 1973

Bataan Peninsula State University

Balanga City, Bataan

Graduate School

Presented by: MAR-ELEN FE G. RENOSA Ed.D. Student

Presented to : ROLANDO P. MANALIGOD, Ph. D. Professor

Black’s Law Dictionary defines a

Constitution as

“The fundamental and organic law of a nation or state that establishes the institutions and apparatus of government, defines the scope of governmental sovereign powers, and guarantees individual civil rights and civil liberties.”

The Constitution

A constitution is that written

instrument by which the fundamental powers of a government are established, limited, and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politics.

Considered as the highest primary authority.

The Constitution

1935 CONSTITUTION OF THE REPUBLIC OF THE

PHILIPPINES

The Commonwealth Constitution

Signing the Constitution of the Philippine Commonwealth, 23 March 1935

Historical Background of 1935 Constitution of the Republic of the

Philippines

The 1935 constitution, drawn up under the terms of the Tydings-McDuffie Act, which created the Philippine Commonwealth, also served as a basis for an independent Philippine government from 1946 until 1973.


Philippines

The framers of the Commonwealth Constitution were not completely free to choose any type of government they wanted, since their work had to be approved by United States president Franklin D. Roosevelt, but as many were legal scholars familiar with American constitutional law, they produced a document strongly modeled on the United States Constitution.


Philippines

The 1935 Constitution was written in 1934, approved and adopted by the Commonwealth of the Philippines (1935–1946) and later used by the Third Republic of the Philippines (1946–1972). It was written with an eye to meeting the approval of the United States Government as well, so as to ensure that the U.S. would live up to its promise to grant the Philippines independence and not have a premise to hold onto its possession on the grounds that it was too politically immature and hence unready for full, real independence.


Philippines

The Preamble reads:"The Filipino people, imploring the

aid of Divine Providence, in order to establish a government that shall embody their ideals, conserve and develop the patrimony of the nation, promote the general welfare, and secure to themselves and their posterity the blessings of independence under a regime of justice, liberty, and democracy, do ordain and promulgate this constitution."

The fundamental aims of education as set forth in the 1935 Constitution are:

To develop moral character, personal discipline, civic conscience, and vocational efficiency and to teach the duties of the citizenship.

A class photo depicting the Filipino youth of the 1930s.

Based onARTICLE XIV General ProvisionsSection 5.

ARTICLE II Declaration of Principles

Section 4. The natural right and duty of parents in the rearing of the youth for civic efficiency should receive the aid and support of the government.


PHILIPPINES

ARTICLE VI Legislative Department

Section 22. (3) Cemeteries, churches, and parsonages or convents appurtenant thereto, and all lands, buildings, and improvements used exclusively for religious, charitable, or educational purposes shall be exempt from taxation.


PHILIPPINES

ARTICLE VII Executive Department Section 11. (1) The executive

departments of the present Government of the Philippine Islands shall continue as now authorized by law until the Congress shall provide otherwise.

1935 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

ARTICLE XIV General Provisions Section 3. The Congress shall take

steps toward the development and adoption of a common national language based on one of the existing native languages. Until otherwise provided by law, English and Spanish shall continue as official languages.


PHILIPPINES

Based on 1935 Constitution of the Republic of the Philippines

· Promulgate the so-called “Quezon Code of Ethics” which laid the foundation of the emerging philosophy of Philippine education. · Tagalog became the basis of the national language. · Required the teaching of the Filipino national language in the senior year of all high schools and in all years in the normal schools.

ARTICLE XIV General Provisions Section 4. The State shall

promote scientific research and invention. Arts and letters shall be under its patronage. The exclusive right to writings and inventions shall be secured to authors and inventors for a limited period.


PHILIPPINES

ARTICLE XIV General Provisions Section 5. All educational institutions

shall be under the supervision of and subject to regulation by the State. The Government shall establish and maintain a complete and adequate system of public education, and shall provide at least free public primary instruction, and citizenship training to adult citizens.


PHILIPPINES

Based on ARTICLE VII Executive DepartmentSection 11 and ARTICLE XIV General ProvisionsSection 5 Department of Public Instruction (existing

department) The National Council of Education was created in

1936 to take charge of studying the educational needs and problems of the country (advisory body on educational matters)

Its first chairman was Dr. Rafael Palma. The council made vital recommendation for the further improvement of system of education in the Philippines.

Governance of Government and Non-government Educational Institutions (1935)


· The Office of Adult Education was in charge of the education of the adult illiterates.

Vocational and adult education were given emphasis under the Commonwealth in 1938, the National Assembly passed a law providing for the establishment of national vocational school in various parts of the country. An adult education program was started with the creation in 1936 of the office of Adult Education. By the end of 1940, there were 6,000 school for adults with an enrollment of more than half a million.


· Office of Private Education supervised all private schools and colleges in the country.

The Catholic schools and colleges also cooperated with the government project and organized the Catholic Educational Association of the Philippines (CEAP)

ARTICLE XIV General Provisions All schools shall aim to develop

moral character, personal discipline, civic conscience, and vocational efficiency, and to teach the duties of citizenship. Optional religious instruction shall be maintained in the public schools as now authorized by law.


PHILIPPINES

ARTICLE XIV General Provisions

Universities established by the State shall enjoy academic freedom. The State shall create scholarships in arts, science, and letters for specially gifted citizens.


PHILIPPINES

1973 Constitution of the Republic of the

Philippines

The Constitution of the New Society


Philippines

The 1973 Constitution, promulgated after Marcos' declaration of martial law, was supposed to introduce a parliamentary-style government. Legislative power was vested in a National Assembly whose members were elected for six-year terms. The President was ideally supposed to be elected as the symbolic and purely ceremonial head of state from the Members of the National Assembly for a six-year term and could be re-elected to an unlimited number of terms. Upon election, the President ceased to be a member of the National Assembly.


Philippines

During his term, the President was not allowed to be a member of a political party or hold any other office. Executive power was meant to be exercised by the Prime Minister who was also elected from the Members of the National Assembly. The Prime Minister was the head of government and Commander-in-Chief of the armed forces. This constitution was subsequently amended four times (arguably five depending on how one considers Proclamation No. 3 of 1986).


Philippines

PreambleWe, the sovereign Filipino people, imploring the aid of Divine Providence, in order to establish a government that shall embody our ideals, promote the general welfare, conserve and develop the patrimony of our Nation, and secure to ourselves and our posterity the blessings of democracy under a regime of justice, peace, liberty, and equality, do ordain and promulgate this Constitution.

The fundamental aims of education in the 1973 Constitution are:

To foster love of country

1. teach the duties of citizenship

2. develop moral character

3. self-discipline4. scientific,

technological, and vocational efficiency.

Pinoy School Children

Based onARTICLE XV GENERAL PROVISIONSSection 8. Paragraph 4.

ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIESSection 4. The State shall strengthen the family as a basic social institution. The natural right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the aid and support of the government.


PHILIPPINES

ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES

Section 5. The State recognizes the vital role of the youth in nation-building and shall promote their physical, intellectual and social well-being.


PHILIPPINES

ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES

Section 7. The State shall establish, maintain, and ensure adequate social services in the field of education, health, housing, employment, welfare, and social security to guarantee the enjoyment of the people of a decent standard of living.


PHILIPPINES

ARTICLE XV GENERAL PROVISIONSSection 3.1. This Constitution shall be officially

promulgated in English and in Pilipino, and translated into each dialect spoken by over fifty thousand people, and into Spanish and Arabic. In case of conflict, the English text shall prevail.


PHILIPPINES

ARTICLE XV GENERAL PROVISIONS

Section 3.2. The National Assembly shall take steps towards the development and formal adoption of a common national language to be known as Filipino.3. Until otherwise provided by law, English and Pilipino shall be the official languages.


PHILIPPINES

ARTICLE XV GENERAL PROVISIONS

Section 8.1. All educational institutions shall be

under the supervision of and subject to regulation by the State. The State shall establish and maintain a complete, adequate, and integrated system of education relevant to goals of national development.


PHILIPPINES

State Supervision and Control of Schools –

Minister of Education Culture and Sports (MECS)

Reorganization Plan of 1972 Bureau of Elementary Education Bureau of Secondary Education Bureau Of Technical And Vocational Education Bureau of Higher Education Bureau of Continuing Education


ARTICLE XV GENERAL PROVISIONSSection 8.

2. All institutions of higher learning shall enjoy academic freedom.3. The study of the Constitution shall be part of the curricula in all schools.


PHILIPPINES


4. All educational institutions shall aim to inculcate love of country, teach the duties of citizenship, and develop moral character, personal discipline, and scientific, technological, and vocational efficiency.


PHILIPPINES

ARTICLE XV GENERAL PROVISIONSSection 8.5. The State shall maintain a system of free public elementary education and, in areas where finances permit, establish and maintain a system of free public education at least up to the secondary level.6. The State shall provide citizenship and vocational training to adult citizens and out-of-school youth, and create and maintain scholarships for poor and deserving students.


PHILIPPINES

ARTICLE XV GENERAL PROVISIONSSection 8.7. Educational institutions, other than those established by religious orders, mission boards, and charitable organizations, shall be owned solely by citizens of the Philippines, or corporations or associations sixty per centum of the capital of which is owned by such citizens. The control and administration of educational institutions shall be vested in citizens of the Philippines.


PHILIPPINES

ARTICLE XV GENERAL PROVISIONSSection 8.No education institution shall be established exclusively for aliens, and no group of aliens shall comprise more than one-third of the enrollment of any school. The provisions of this subsection shall not apply to schools established for foreign diplomatic personnel and their dependents and, unless otherwise provided by law, for other foreign temporary resident.


PHILIPPINES


8. At the option expressed in writing by the parents or guardians, and without cost to them and the government, religion shall be taught to their children or wards in public elementary and high schools as may be provided by law.


PHILIPPINES

On Academic Freedom

1935

ARTICLE XIVGeneral Provisions, Section 5 “Universities

established by the State shall enjoy academic freedom. “

1973

ARTICLE XVGeneral Provisions Section 8, Paragraph

(2) “All institutions of

higher learning shall enjoy academic freedom.”

Academic freedom is the belief that the

freedom of inquiry by students and faculty members is essential to the mission of the academy, and that scholars should have freedom to teach or communicate ideas or facts (including those that are inconvenient to external political groups or to authorities) without being targeted for repression, job loss, or imprisonment.

Academic freedom is a contested issue and, therefore, has limitations in practice.

Academic Freedom

Types of Academic FreedomIndividual Academic

Freedom

The freedom of the teacher or research worker in higher institutions of learning to investigate and discuss the problems of his science and to express his conclusions, whether through publication or in the instruction of students, without interference from political or ecclesiastical authority, or from the administrative officials of the institution in which he is employed or contrary to professional ethics, unless his methods are found by a qualified body of his own profession to be clearly incompetent or contrary to professional ethics.

Institutional Academic Freedom

The right of a school or college, as an institution of higher learning, to decide for itself its aims and objectives and how best to attain them, free from outside coercion or interference save possibly when overriding public welfare calls for some restraint, and with a wide sphere of autonomy certainly extending to the choice of students.

a) The teacher is entitled to full freedom in research and in the publication of results, subject to the adequate performance of his other academic duties...b) The teacher is entitled to freedom in the classroom in discussion his subject, but he should be careful not to introduce into his teaching controversial matter which has no relation to his subject.

Individual Academic Freedom

c) The College or University teacher is a citizen, a member of a learned profession, and an officer in an educational institution. When he speaks or writes as a citizen, he should be free from institutional censorship or discipline, but his special position in the community imposes special obligations. obligations.

As a man of learning and an educational officer, he should remember that the public may judge his profession and his institution by his utterances.

Individual Academic Freedom

1. Who may teachdiscretion in the appointment of academic personnel in accordance with its standards of competence and probity a prerogative that is almost absolute, limited only by existing laws against discrimination 2) What and (3) How to Teach the institutional right “to decide for itself its aims and objectives and how best to attain them, free from outside coercion or interference save possibly when the overriding public welfare calls for some restraint, and with a wide sphere of autonomy certainly extending to the choice of students.”


4) Who may study prerogative to determine through its own set of rules who could be allowed the opportunity to study admission rules may vary depending on whether institutions of higher learning are private or public institutions right to promulgate or set academic standards for students’ observance, again subject to the existing law and jurisprudence.


“The essentiality of an informed citizenry in a democratic society, and as a means for the full development of the human personality and the strengthening of respect for human rights and fundamental freedoms.”

This is the compass in determining whether the institution has violated the academic freedom of the individual, or vice versa, i.e. which right must be given accord.

There is no doubt that Institutional Academic Freedom and Individual Academic Freedom can be reconciled. This happens where the university administration realizes that it is the business of the university to protect individual academic freedom of its scholars and researchers.

On Academic Freedom: The Conflict

Academic Freedom is primarily the freedom to learn, and

freedom to learn is freedom to ascertain the truth. No acquisition of knowledge can take place if learners were not free, or if they were free, but only in assimilating what is untrue.

The freedom to teach is therefore a derivative of the learner's freedom. Freedom to teach seeks to secure freedom to learn.

Rights of students which proceed from academic freedom are, in addition, derived from their indispensable role as members of the academic community.

Academic freedom protects a collective interest: the free pursuit of knowledge by all members of the academe.

Academic Freedom and Students

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Problems arising from the provisions of the Philippine Constitution of 1935 and 1973

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