Political Law (Constitutional Law) – ARTICLE XIV – EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE, AND SPORTS
Political Law (Constitutional Law) – Article XIV
ARTICLE XIV – EDUCATION, SCIENCE AND TECHNOLOGY,
ARTS, CULTURE, AND SPORTS
Education
Goals of the State:
The State shall promote and protect:
1) The right to quality education at all levels;
2) The right to affordable and accessible education; and
3) Education that is relevant to the needs of people and society.
Right to Education and Academic Freedom
The right to education must be read in conjunction with the academic freedom of schools to require “fair, reasonable, and equitable admission requirements.”
Power to Dismiss Students
1) Schools have the power to dismiss students, after due process, for disciplinary reasons.
2) Acts committed outside the school may also be a ground for disciplinary action if:
a) It involves violations of school policies connected to school-sponsored activities; or
b) The misconduct affects the student’s status, or the good name or reputation of the school.
Regulation of Right to Education
The right to education in particular fields may be regulated by the State in the exercise of its police power, e.g. the State may limit the right to enter medical school by requiring the applicants to take the NMAT.
Free Education
1) The State shall maintain a system of free education in:
a) Elementary level, and
b) High school level.
2) Elementary education is compulsory for all children of school age. However, this is a moral rather than a legal compulsion.
Educational Institutions
I. Filipinization
A. Ownership:
1). Filipino citizens, or
2). Corporations incorporated in RP and 60% Filipino-owned.
EXCEPT: Schools established by religious groups and mission boards.
3). Congress may increase Filipino equity requirements in ALL educational institutions.
B. Control and Administration:
1). Must be vested in Filipino citizens
2). Refers to line positions, such as President, Dean, Principal, and Trustees
3). Faculty members may be foreigners.
C. Student Population:
1). GENERAL RULE: Cannot establish school exclusively for aliens. Aliens can only comprise up to 1/3 of total enrollment.
2). EXCEPTIONS: Schools established for foreign diplomatic personnel and their dependents, and unless otherwise provided for by law for other foreign temporary residents.
II. Tax Exemptions
A. Non-stock, non-profit educational institutions:
1) All revenues and assets actually, directly and exclusively used for educational purposes are exempt from taxes and duties.
2) This is self-executory
B. Proprietary educational institutions, including cooperatives:
1) Entitled to exemptions as may be provided by law, including restrictions on dividends and re-investment
2) Requires an enabling statute
3) Grants, endowments, donations and contributions actually, directly and exclusively used for educational purposes are exempt from taxes, subject to conditions prescribed by law.
III. Academic Freedom
A. Educational Institutions
Schools have the freedom to determine:
1) Who may teach,
2) What may be taught,
3) How it shall be taught, and
4) Who may be admitted to study.
B. Faculty members
1) Full freedom in research and in the publication of the results, subject to the adequate performance of their other academic duties.
2) Freedom in the classroom in discussing their subjects, but they should be careful not to introduce into their teaching controversial matter which has no relation to their subjects.
3) When faculty members speak or write in their capacity as citizens, then they are free from institutional censorship or discipline.
C. Students
They have the right to enjoy in school the guarantees of the Bill of Rights.
D. Limitations
1) Dominant police power of the State
2) Social interest of the community
E. Budgetary Priority:
1). Education must be assigned the highest budgetary priority.
2). BUT: This command is not absolute. Congress is free to determine what should be given budgetary priority in order to enable it to respond to the imperatives of national interest and for the attainment of other state policies or objectives.
Religious Education in Public Schools:
Religion may be taught in public schools subject to the following requisites:
1) Express written option by parents and guardians;
2) Taught within regular class hours;
3) Instructors are designated and approved by the proper religious authorities; and
4) WITHOUT ADDITIONAL COST TO THE GOVERNMENT.
Section 6. Language
1) National language: Filipino
2) Official Languages: Filipino, and unless otherwise provided by law, English.
3) Regional languages are auxiliary to the official languages.
4 (Spanish and Arabic are promoted only on an optional and voluntary basis.
Reference:
Political Law (Constitutional Law) Reviewer & Memory Aid
Ateneo Central Bar Operations
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