Textbook on the Philippine Constitution [Hector S De Leon]

TF.XTflOOK 0~ THE PHII. U-'PlNE CONSTITUTION s~c . 3

lahor is not merely an artide of commerce or a factor of production to he
;;imilarly treated as l&nd, tools, or machinery.:! It is a primary social
economic force by reason of which the State is under obligation to give more
concern to the protecUon of the rights of workers a nd the promotion of their
welfare (Art. II, Sec. 18.) vis-a-vis the non-human factors ofproduction .

Promoti~n of fuU employment and
equal work opportunities.

The right to fu11 e mployment4 and eq1l r:tlity of employment through
equal work opportun iti es is not merely stctt~tt.ory but is el(!Vated into a
constitutional righ t. (Sec. :3, par. 1. )

(1 } Creation of employment opportunities i.mperatir;e.. -- Lack of em-
ployment iH one ca use of social tensio n. On the individoall twel, unemploy-
ment leads to di.stortion of p(~rsonali ty and a li fe without color and textur~.
It is a ,.,·aste of manpowe r. S ocial se rvices in the field of employment an~,
t herefore, imperative. Thrly may partly take t he form of vocational guid-
ance, per sonnel management, placement services, and labor organization.~
Full employment will enable the citizens to lift their level of lifC' and thus
contribute their share in the task of nation-building."

( 2 ) State has duty to eliminate dlst.:riminatury practices. ·-- The State is
mandated to adopt me<:lsures to the end that all persons who are capable of
working may be provided with employment (not necessarily by the govern-
ment ) and that job opportunities may be open to all - man or woman,
citizen or alien, Christian or non-Christian. The Constitution takes into
account discriminatory practices in both public and private employment
relative to wages a nd employment still often based on such factor s as
nat.iqnality, ~ex, kinship, or other non-relevant factors.

~aj Useful labor <tssential to perwnal dignity and development. -- By

useful labor. man is enabled to acquire the material goods necessary fo r his
growth and improvement. If work is denied him, he becomes dependent
upon the charity of others - a s ituation that 1s not conducive to self-
respect or personal development. For this reason, it is an obligation of the
government to see, insofar as it is able with a.ll the means at its disposal,
that an economic environment is created within which the members of
society may obtain employment suitable to their capabilities.7

3See Doan N.A. Gon;(<\](~s. op. cit.. p . 423.
'Full cmploymo::nt, <lf ..:ours<:' iF> not atrainahle al l~tast under th~ present state of the national
economy. Th~< most clfe<:t.iv~ mean~ of helping the poor i11, without doubt, gi"ing th~m the
opportunity to work for a living, !or ~urvival and digni ty as a produc tive human· bt~ing and
mcrnh«.>r of society.
sn el. E.'f. ~anto.s , op . cit., .~upra.
6 R.A. No. 8759 !Feb. 14, 2000), otherwise known as th~ "Public Employment Service
Offic~ Act.'' institution aliz~s a national facilitation service network through the ~stablish­
ment of a Public. Employment Service Office in every provi nce, key ci!.y and other strntc~ic
are;u; throughout the country.
731 Am .•Jur. 822.

~c:-c. 3 ART. XIII. - .. SOCIAL JUSTICE A!\P HC.MAN RIGHT:::i. 405
La !:lor

(4} Duty oj' et,ery citizen to en~age inga i.>>'.ll work. - While the right to
work of evHr y citizen is r ecognized, it is also hi ,; duty "to engage in ga inful
work to n::;surt> himself and his family a lii.:- \\'Orthy of h uman dignity."
Work is both a right and a duty on the part o~ .:-·:t- ry citizen.

Rights of workers.

In th e relations between workers and empi•:·:··.:-r", the following rights
shall beJ.Ssm·ed bv the State:

J.;}:'('R ight to self-orgamzatwn. -· Everyono2 ·.-·:-. : ·.np·ks has t he nght to
form trade or labor unions or join the tradt- ·;:-.: · :-. of his choice for th e
protection of his econ omic and social interests = ·.::.:..:-~: yn_ly JQ. !)UCh restr).f:
tiqp_R \\!.l:l.i..~h may be pres~ripe.~ by la~ in the int e-:--~ : . : :~3t ional security or
public order or fur the protection of the right:' ~=-- :. :·:-:·c·dom::; of others. (t
includes the right of trade unions to form fede ra: : : :-. ;. : ~ ,.-,n fcde rations and
the right of the latter to form or join intt:>r r.::: : . =---~- ::-adc unions and
organ ization s.

The right to self-organization of all worker.~ . ·... ;._~:!'lt;or m tht- puhlie or
private sector, is not a statutory creation;;It is a:-.~: ~:-al and constitutional
right (see a lso Art . III, Sec. 8. );

~Right to collective bargaining - "Coll.<c::·.-~ bargaining" may be
defined as bargaining by an organization of wo'!'S.~:-" through representa-

tives of their own choosing with the employer. r ~ :~ :~!I? performance of the

mutual obligation of employer and the reprcsen: ::::·.e of the em ployees to
meet, negotiate and confer in good faith with re~;:-:-:c to \vages, hours, and
other terms and conditions of employm ent. The a~.:,.;-ment resulting from a
collective bargaining is called collective bargainzr.5 ::lgreement.

Free collective bargaining is not possible whe!'E- one of the parties is in
a position to impose its will upon the other. It :5. therefore, of primary
importance that wor kers should be fully protectE-d in the exercise of the
right to self-organization;

(3) Right to collective negotiation. -A new concept in the Constitution
for resolving disputes between employer and employees, is "collective nego-
tiation." Intended primarily for unorganized labo r and government work-
ers, it calls for consensus rath er than confrontation in order to reach a
peaceful solution to issues affecting both partie~ . For example, through a
labor-management committee (or council or a body under any other name
instead of a labor union), a consensus may be a rrived at for resolving a
labor dis pute or potential ones, or as to the formf-and m ethods of labor
relations between the tw{) ( 2 ) sid es.

This new approach is consistent with the provision recognizing the
right of workers "to participate in policy and decision-making processes
affecting their rights and benefits" and the principle of shared responsibil-
ity between workers and employers (infra.);

4 01) TEXTBOOK ON THE PHil.IPPl~E CONSTITUTION Scr. 3

·..() R ight to p eaceful and concerted actwttte.<? inoluding the right to
s~rike. - This right to take group or mass action is but a special form of the
freedom of expression guaranteed in the Bill of Rights. (Art. III, Sec. 4.) ~.­
_purpose ~s .to dramatize a demand of workers or their stand for or against
an1ssue affecting them. Concerted activities include strike, picketing,
work stoppage, and boycott. Strike_.is the final weapon of labor in case of
the refusal of employers to b·argain collectively or the inability of workers
to bargain successfully fo r improvement in t heir working conditions.8 Em-
ployees have the righ t to engage in concerted activities fo r purposes of
collective ba rgaining. This right can also be exercised for mutual aid or
protection of employees, in which case it is not necessary that union
activity be i!].vol ved or that collective bargaining be contemplated.9

The right to engage in concerted activities ceases to be protected when
it is conducted for unlawful ends or with unlawful means such as through
the use of force and violence. Note that the State shall guarantee the right
"in accordance with law," i.e., s ubject to such terms and conditions as may
be provided by law;

{5) Right to security of' tenure. - Employment should be terminated
against the worker's will only for just causes and under conditions provided
for by law. The State must afford protection to workers dismissed without
just cause. At. the same Lime, of course, the State must also afford a
measure of protection to employers. For instance, an employer should not
be compelled to continue with the employment of a worker guilty of malfea-
sance or misfeasance and whose continuance in the service of the former is
patently inimical to his interest;

(~) Right to just and humane con ditions of work. - This right ins ures,
in particular , safe and healthful working conditions, equal oppo.-tunity to
promotion and rest, leisure, and reasonable limitations of working hours. A
worker has a right to be protected against unfair labor practices;

(7) Right to a liuing wage. - A worker has a right to receive a fair and
just compensation for his work. He is entitled to equal remuneration for
work of equal value. (see Art. IX, B-Sec. 5.) A man works to make a living to
support himself and his family. His wage must be s ufficient to enable him
and his family to live in reasonable and frugal comfort, provide education
for t heir children, and make some savings to meet unexpected contingen-
cies; and

(8). Right to participate in policy and decision -making processes. -
Workers are entitled to certain rights and benefits pr ovided by law. On th e
other hand, the employer, as owner, has the prerogative to exercise control
and to make decisions with respect to all matters affecting the business. A
policy or decision of management may affect the rights or benefits to which

9LVN Pictures, Inc. vs. P h il. Musicians Guild, l SCRA 132, Jan. 28, 1961.
9Republic Savings Bank vs. Court ofindustrial Relations, 21 SCRA 226, Sept. 27, 1967; Phil.
Blooming Mills Employeef\ Org. vs. Phil. Blooming Mi])l;, Inc., 51 SCRA 189, June 5, 1973.

Sec . S ART. XIII.- SOCIAL ,JUSTICE AND HC'MAN RIGHTS 407
Labor

worker!s are entitled under the law, such as those pertaining to minimum
wages, maximum hours of work, working conditions, social security, self-
organization, collective bargaining, lay-offs. company discipline, transfer
or re-assignments, etc. For the protection of their interest, workers are
granted the right to participate with management in the formulation of
such policies or decisions . (Sec. 3, par. 2.)

The above rights are not only given constitutional recognition and
protection; the S tate is constitutionally mandated to enact the necessary
implementing laws. The Constitution makes no di~tinction between work-
er s in profit-oriented enterprises and those- in ::.on-profit establishments
such as religious, charitable, medical, and educa!: onal institutions.

Principle of shared responsibility.

Labor conflicts through strikes and lockouts !"H".l;t in tremendous losses
in terms of interruption of production. di;;r-oJ.p: ?·...:.~ lie peace and order,
sometimes cause the loss of life and destn.:c~ :-:::. eof p :-o perty, and affect
adversely the economy of the nation a5 a whc-:~ .

(1 ) Duty of managem en t and l!lbor. - Bot!-1 ~anageme.r.~ and labor
share a social responsibility in the promotion of ix:dustrial P.eace whic:Jj
redounds in the end to the benefit of all. They must learn to disengage
themselves from the thinking that,.industrial relatione are something in-
herently~dversarial oriconfrontational. They must observe legal require-
ments and prohibitions and obey the orders of the courts and other agen-
cies. When disputes or differences have arisen, they must endeavor to
settle them through peaceful means, making prefere ntial use of voluntary
modes in settling disputes, including conciliation.

Without government intervention but with clear and fair rules of the
game laid down by the government, labor and management will have more
freedom to deal with each other. It is their duty to comply with the
agreement resolving a labor dispute in the interest of industrial peace.

{2) Duty of the State. - The State is mandated to promote this princi-
ple of~~£)._re:?ponsibility hetween workers and employers and the prefer·
ential use of voluntary modes, instead of strikes, etc. and compulsory
arbitration, in settling disputes, a nd to make sure that the workers and
employers comply with their voluntary agreements in good faith to foster
industrial peace, (Sec. 3 , par. 3.) It should encourage consensus and consul-
tation between labor and management so that strikes and lockouts are
used only as a last resort.

Methods for resolving labor disputes.

The two (2) principal methods are:
(1) Collective 9argaining. - Through negotiations, an agreement is
ar rived -;t bet,ve-e'n'tii.e representatives of the workers and employer; and

408 TEXTBOOI< ON THE PHILI I'I'INE CONRTJTUT ION Sec. a

•2JAr.bitr~ti~?rl:_: -There are two forms, n amely:

(a) Voluntary. - By this method, the parties submit the contro-
versy to a third person for final determination; and

(b) Compulsory. - By this method, th e parties are compelled to
submit th eir controversy to a court or othe r government a gency pro-
vided by law and pursuant to the procedures laid down by law.

These two me thods are supplemented by the techniques of conciliation
and mediation by a disinterested third party, usually an agency of the
government concerned with labor disputes. By the first, the third party,
aft er hearing each side, assists the partie~ in r eaching an agreement. By
the second, the third party, after failure of negotiation and studying the
respective positions of both side~>, makes proposals or suggestions designed
to settle the dispute.

Reciprocal rights of labor and enterprises.

~·i ) R ights of workers and employers undu a wa.ge system. - Under the
wage system, the worker or employee receives from the employer or owner
a remuneration or compensation usually in the form of money for his labor
or services purs uant to a contract. He has no share in the profits or losses
of the enterprise. The owner gets the profits and bears the losses. The
profits are his compensation for taking the ris ks a nd losses. The worker
offers his services for wages because of his la<.:k of capital: the owner hires
workers because he cannot run the business by himsel.f.

While a worker who is paid a just wage has ordinarily no right to
demand more, he has, however, a right to share in the growth and prosper-
ity of the company of which h e also forms a part. His contribution to the
wealth of the company should be reflected in a higher wage scal e and other
benefits. On the other hand , a business is established chiefly for profit. The
owner has a right t o a reasonable return on his capital and adequate
compensation for his efforts and for taking risks. Under special circum-
stances, a company may retain all its surplus profits when j ustified by
definite expansion projects or programs or when there is a need for special
reserve against possible reverses.

A profit-sharing scheme whereby workers share a certain percentage in
the profits of a compa ny s hou ld be encou raged, a nd, if need be, mandated
by law. It gives th e work ers the fee ling of being part owners ofthe company
they work for and they are thereby motivated to perform better.

~) Reconciliation of their conflicting rights. - In regulating the rela-

tions between workers and employers, the Constitution enjoins the State to
recondle their ~O!,lf.licting rights - recognizingth~·;ight of }a.bo·;·to.its JUSt
oTprc)ducfi()nshare in the fruits
and t he right of enterprises to reasonable.
, and ·ex.pa.i)sfon ar1d.. -··his't ..--:--.Trh~e~t_~S~.t~is!t~~~.i~iU!:!i.Lv_Qe..r~. a.t..l~Lm-fe-.-n.--~-tb-s·l·i,·_· -[-<l....-!~-_d.t.·~o-a..--•~·-~---~~~..c~ -t.-...·.1--h-'e·--r·l-g-l·lgt·'S-i··"·-oo·w--fi-l·bi··:o-.-·-t(.h.S...e_pc~a··-r-..g.t..-i;·e\-/~ par.)

Sec. 4 ART. Xm. -SOCIAL ,JUSTICE .\:\D HCMAN RIGHTS 409
Agrarian and Natural Rt-!:'0'.1!'< <'-;Reform

AGRARIAN AND NATURAL
. RESOURCES REFORM-

SEC. 4. The State shall, by law~ undertake an agrarian re-
form program founded on the right of farmers and regular
farmworkers, who arc landless, to own dire-ctly or collectively
the lands they till or, in the case of other fannworkers, to
receive a just share of the fruits thereof. To this end, the State
shall encourage and undertake thcjust distribution ofall agri·
cultural lands, subject to such priorities and rea...-.onable reten·
tion limits as the Congress may prescribe. taking into account
ecological, development, or equity considerations. and subject
to the payment ofjust compensation. In determining retention
limits, the State shall respect the right of small Jandowners.
The State shall further provide incentives for Yoluntary land-

sharing.

Undertaking an agrarian reform program.

(1) Basis or aim of the program.- Section 4 1:= .-~ ;::··~:::·:oo- ::-.;·..;:...::ic>n to
the State (Government) to formulate and implemE-n: -~ .: : :r.pr::-?-. .:::-.~:·. :· .:...~·a­
rian reform program. 1The contents and mechani:<.rr.~ ·~·~· ,-;.;ch pr0~-rae1 :;!:3:1
be determined by Congress but the program must be -f.:·unded •)n tht- right
of farmers and regular farmworkers, who are landles~. to <•wn. direcdy or
collectively, the lands they till or, in the case of other farmworkers 1e.g..
seasonal farm workers, security guards, drivers 1, to rc-ceiye a...just sl)are of
the fruits thereof..'' To this end, "the State shall encc.urage and undertake
the just distribution of all agricultural lands" and -provide incentives to
landowners for voluntary land-sharing."

The agrarian reform provision is the farmer's counterpart of the consti-
tutional provision which guarantees full protection to industrial labor.

(Sec. :n

(2) Lands covered by the program. - The phrase ~just distribution of
all agricultural lands" refers to all arable public .and.p.riv.atelands.. Thus,
the agrarian reform program may cover not only lands planted to rice and
corn but all tenanted private agricultural lands. regardless of crop tinclud·
ing sugar and coconut lands), without any distinction, tilled by farmers and
farmworkers who are landless; all haciendas and plantations. regardless of
crop and tenure arrangement; idle, abandoned, and foreclosed lands suited
for agriculture; and public lands and/or government and military reserva-
tions and ranche:-> ::;uited for agriculture.

lR.A. No. 6657 !June 10. 19~S. oth.,rwi:;E> know~~; :h· C·:·:-::;:;r.,.hensi,·e Agrarian Reform

Law of 1988, now governs all matters in•;o]\'tnj< thE' imp~cr:~e:::.'.:: :•:-, )f agrari<m reform. Existing

laws on agrarian refonn are applicablP. •jnJy vn matte-:-:; :-,·:o: c~.·:.:·r.:d b,· the Act. Pri)C]amation;Jiio.
263 (April 7, 2000) declares the entire month ·:>f ·bne t-a-:h y~ar as "Agrarian RP.form Monffi."

410 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 4

f3 1 Distribution of land.<; and retention limits. - The distribution or
redistribution of land is to he effected either through expropriation and
resale or through voluntary land .sharing.2 Congress, hoWf!Ver, is empow-
ered to prescribe priorities and reasonable retention limits (i.e., maximum
areas of land that may be retained by affected landown~rs), taking into
account ecological, developmen t or equity considerations, and subject to
the payment of just compensation. In determining retention limits, Con-
gress shall respect the rights of small landowners because it is not the
intention of the program to make them landless by giving their lands to
those without lands.

Congress is enjoined to provide, by law, incentives to landowners for
voluntary land-sharing.

(4) Transfer of landowner·ship. -Expressly or by implication, agricul-
tura~ share tenancy has been recognized as the root cause of the land
problems and agrarian unrest in the Philippines. But it was not until the
passage of the Code of Agrarian Reforms3 that share tenancy was abolished
in favor of lease tenancy. The conversion to leasehold was merely an
interim remedial measure preparatory to the final objective- the estab-
lishment of owner-cultivated farms as the basis of Philippine agriculture.

This goal became much nearer to reality with the promulgation of
Presidential Decree No. 2 (Sept. 26, 1972) declaring the entire country as a

land reform area and Presidential Decree No. 27 Wet. 21, 1972) entitled

"Decreeing the Emancipation of Tenants from the Bondage of the Soil,
Transferring to Them the Ownership of the Land They Till and Providing
the Instruments and Mechanism Therefor." The latter orders that tenant
farmers of private agricultural lands devoted primari ly to rice and/or corn
under a system of share-crop or lease-tenancy, whether classified as landed
estate or not, shall be deemed owners of a portion constituting a family-size
farm of five (5) hectares, if not irrigated and three (3) h ectares, if irrigated.

(5) Support services. - The transfer of land owner ship, however, is
only one aspect of the program. It includes a package of support services
consisting of credit, legal a1d, infrastructure; electrification, cooperative
development, farm extension, m~chanization, and a host of other services
designed to pave the way for the complete emancipation of the farmer from
the bondage of the soil. (see Sec. 5.)

(6) Landownership and internal stability. - It has been correctly ob-
served that when the system of landholding in predominantly agricultural
countries (like the Philippines) provides the cultivator a reasonable reward
for his efforts and an opportunity to become farm owner, it stands for
social, ecClnomic, and political stability in the countryside and very often,
by the same token, in the country as a whole.1

2It ill based on agreemen t be tween landowners and farmers.
~ R.A. No. 6:389 (Sept. 10, 1971 l which amended R.A. No. 3844.

'Ledejinsky, Land Reform (Pamphlet).

Sees. 5-6 ART. XIII. -SOCIAL .TL'STICE A...'m HCMAN RIGHTS 411

Agrarian and Natural Resources Reform

The assumption is that landownership stimulates investments and

greater productivity, for men always work harder when they work on that
which is their own. "The farmer who owns hi~ !and, who retains an equita-
ble share of production, who is able to comb:r:e in voluntary association

with his neighbors to improve their common :ot. knows the meaning of

human dignity."5 He is in position and will be !::·:>re willing to pay taxes to
the government. He is happy and will be less ~·..:~ceptible to the blandish-
ments of alien ideologies. He has a stake in :!:-= community. "For no one
would exchange his country for a foreign land if:-:!~ own accorded him the
means of living a tolerable and happy life."~

SEC. 5. The State shall recognize the right of farmers~
farmworkers, and landowners, as well as cooperatives, and
other independent farmers' organizations to participate in the
planning, organization, and management of the program, and
shall provide support to agriculture through appropriate tech·
nology and research, and adequate financiaL production. mar·
keting, and other support services.

Planning, organization, and management
of the program.

This provision imposes the following obligaL·::-.s on the State:

(1) To recognize the right of farmers, farmwu·ker$ and landowners,
cooperatives and other independent farmer's orgar.izations to participate
in the planning, organization, and managemem o:· :he program;1 and

(2) To provide support to agriculture throug!: appropriate technology
and research and adequate financial, productic.n. marketing and other
support services.

The aim is to insure the success of the agrarian reform program in
increasing agricultural efficiency and producti\ity and improving the so-
cial and economic conditions ofthe beneficiaries thereof- the farmers and
farmworkers. Note that the right of landowners is likewise recognized
because even as the program is also designed for them, they have a role to
play in its successful implementation. (see Sec. S.,

SEC. 6. The State shall apply the principles of agrarian
reform orstewardship,wheneverapplicable inaccordancewith
law, in the disposition or utilization of other natural resources,
including lands of the public domain under lease or concession

~Lubin, Land Reform Challenges the World (Pamphlet).
"Rerum Novarum, p. 35.

1R.A. No. 7607 (June 4, 1992) is the Magna Carta of Small Farmers.

TEXTBOOK ON THE .PHILIPPINE CONSTITUTION Se.-. 7

suitable to agric ulture, subject to prior rights, homestead rights
ofsmall settlers , and the rights of indigenous cultural communi-
ties to their ancestral lands.

The State may resettle landless farmers and farmworkers in
its own agricultural estates which shall be distributed to them
in the manner provided by law.

Disposition of other natural resources and
of public agricultural estates.

With the exception of agricultural lands of the public domain, the
natural resources of the count1·y cannot be alienated. But they may be
covered by agrarian reform. (see Art. XII, SP.cs. 2 [pars. 1, 31, 3. ) ln the
disposition or utilization of lands of the public domain under lease or
concession suitable to agricul ture and other natural resources, the State
shall apply the principles of agrarian reform or , with respect to non-
disposable natural r esources, of stewardship, whenever applicable in ac-
cordance with law. However , the State shall respect prior rights, home-
stead rights of small settlers, and t.he rights of indigenous cultural commu-
nities to thei r ancestral lands. (see Art. XII, Sec. 5. ) The agrarian r eform
program is founded on the right of farmers and farmworkers to own t he
lands they till. (Sec. 4.)

Under the principle of stewardship, one is called upon to exercise
responsible care over property belonging to the State entrusted to his
possession or manage ment or over which he has free use nnd occupation
but not legal title.

Resettlement of landless farmers
and farmworkers.

Resettlement is a component of the agrarian reform program. It in-
volves the distribution of public agricultural lands to deserving fami1ies
and those displaced by the land transfer opt~ration1 and the increase of
population in the rural areas.

The State may resettle landless farmers and farm workers in its own
agricultural estates. In such case, the estates shall be distributed to them
in the manner provided by law.

SEC. 7. The State shall protect the rights of subsistence
fish ermen, especially of local communities, to the preferential
use of the communal marine and ftShing resources, both inland
and offshore. Itshall provide supportto suchfishermen through

'It involves the transfer to tenant farm~:rs of land titles to rice and corn lands purs uant
to Presid~ntial Decree No. 27. The lands covered will not he sufficient to absorb all landless
tillers.

Sce.8 Al\'f. XIII.---· SOCJAL .JUSTICE A..".>;D HDfAN RIGHT~ 413
Agraria n and Nat.ur;)[ Rc~ourc _.,; Heform

appropriate technology and research, adequate financial, pro-
duc tion, and marketing assistance, and other services. The State
shall also protect, develop, and conserve such resources. The
protection shall extend to offshore fishing grounds of subsist-
ence fishermen against foreign intrusion. Fishworkers shall
receive a just share from their labor in the utilization ofmarine
ttnd fishing resources.

Rights of subsistence fishermen
and fishworkers.

The State is mandated by Section 7 as fo] )(.,·.~-· ~

(1 ) To protect the rights of subsistence fl s!-:.:-rmen especially of local
communities to the preferential use of the comm:;.nal ma rine and fish ing
resources, both inland and otlshore;

(2) To provide support to such fi shermen t hrou?:h appropriate te chnol-
ogy, research, adequ ate financial, production and marketing assistance,
and other support services; and

(3) To protect, develop and conserve such re~ource:; which protection
shall extend to their offshore fishing grounds agai n=-t foreign intrusion.

Fishworkers shall be entitled to a just shart- from their labor in the
enjoyment of marine and fishing r esources.•

SEC. 8. The State shall provide incentives to landowners to
invest the proceeds of the agrarian reform program to promote
industrialization, employment creation, and privatization of
public sector enterprises. Financial instruments used as pay-
ment for their lands shall be honored as equity in enterprises of
their choice .

Investment incentives to landowners.

(1) The agrarian reform program aims not only at making farmers
and fannworkers owners of the lands they till but also a t bolstering the
industrialization of our country by, among others, ~ncouraging landlord
capital tied up in agriculture t.Q be invested in industrial devel opment
and public sector enterprises. In t.his way, the landlord is given a chance
not only to make more money for himself but also to create employment
opportunities, one of the a ims of social justice enumer a ted in the Consti-
tution. (Sec. 3..\

' F arming and fi~hing are primary occup ations of m illions of Filipinos. R.A. No. 8435
(Dec. 22, J997 i, th e -Agricultur e and Fi~heries Ml>d erniza t ion Act of 1997," pr escribes
"urgent r elated m eat; ure ~ to mo dE'rniu t h,• agr icul tural and fishe rie!t sectors of the country
in order to enhance their prolita bilit:• and prepare ;.aid sectors for th e challenges of globali-

zation through an adequate. fo cused and r ational deli\·ery of necessary s upport services."

414 TEXTBOOK ON THE PHILIPPI~E CONSTITUTIO N Sec. 9

2.J As agrarian reform is accomplished, agricultural production is an-
~ icipated to increase, and as a consequence , raised income and purchasing
_?Vv.-er of the rural poor would be brought about. This rise in income would
in turn stimulate industrialization particularly indus tries producing farm
requisites s uch as ferti lizers , farm implements and machinery, those pro-
ducing cons umer goods for rural areas , and agricult ural processing indus-
tries. To the extent that the development of industries takes place, it
provides employme nt to the rapidly increasing labor forces not only in the
rural but also in urban areas through the establishment of plants and
factories, t hereby contribut ing to the general economic progress of the
country.

To achieve these supplementary object ives of agrarian reform , the
Constitution requires the State to provide investment incentives to la nd-
owners. In line with the program to privatize numerous government-owned
or -controlled corporations, financial instruments us ed as payments for
lands covered by agrarian reform shall be honored as equity of landowners
in such corporations of their choice. (Sec. 8. )

URBAN LAND REFORM AND HOUSING

SEC. 9. The State shall, by law, and for the common good,
undertake, in cooperation with the private sector, a continuing
progra:rn of urban land reform and housing which will make
available at affordable cost decent hous ing and basic services to
underprivileged and homeless citizens in urban centers and
resettlements areas. It shall also promote adequate employment
opportunities to such citizens. In the implementation of such
program the State shall respect the rights of small property
owners.

Unde~aking a continuing urban land
reform and housing program.

Aside fro m its obligation to unde rtake an agrarian reform program, the
Constitution makes it mandatory for the State to undertake for the com-
mon good a continuing urban land reform a nd housing program to make
available a t affordable cost decent housing a nd basic services to under-
privileged and homeless citizens in urban centers and resettlement areas.1

'There was an urb a n land r eform law iP.D. No. 1517. June 11, 1978 .) promulgated
d ur i ng the period of ma.rtialla w wh ose primary purpose is the im provement of the 1.:onditions
of t he poor t hrough systematic land use and equitable distribution of big urban lands. It
empowers the Presiden t to proclaim urban and urba nizable la nds as urban land re form
zones. Pursua nt ther e to, he issued Procla ;nation No. 1893 (Sept. 11, 1979), amended by
Proclamation No. 1967 (May 14, 1980) which specifies 244 sites in Metr opolitan Manila for
priority development and urban la nd reform zones. The present la w is R.A. No. 7279 (March

Sec. 9 ART. XIII.- SOCIAL .JUSTICE A~D HL'MAN RIGHTS 415
t:rban Land Reform and H·Jusmg

(1) Urban land reform program. - The -whereas clauses" of Resolu-
tion No. 113 of the Batasang Pambansa. undt:!" the 1973 Constitution pro-
posing the constitutional provision2 on urban :..1nd reform and social hous-
ing program, states. among othora, the reason:: a nd need for such program
as follows:

"Whereas, significant numbers of residt-:-.t.:: in urban areas in vari-
ous parts of the country are without resid.:=: ::a! land of their own and
do not have the means to provide themseh t-: ·,..·!t h decent shelter;

"Whereas, this deplorable situation is ca·.:~E-d in great measure by
the traditional concept of land ownership i-:: P~:;ippine society which
bas r esulted in great misery among the urbz :-. -;:··-:-.:-.thereby hampering
economic development and threatening the :.<-..·:.:.: 3nd political stability
of the nation;

«Whereas, there is a need to emphasize ar::. ;.::--:-:-.?1 hen the constitu-
tional base for urban land reform consistt-::: -..-:: !-. the constitutional
provisions on social justice, bridging the gz~ ·:-.:-:.. ttr: the rich and the
poor, a nd other provis ions of the Constitunc-:-. -.

The primary aim of urban land r eform is to pn:··.-.=~ ~.:.c=-- ·..::':::>a:1. poor family
a small lot it can call its own on which to make a J-.•j=t:. T.~ gvvcmment may,

for instance, acquire private lands occupied b:.- ·~--ban poor co:~~munities

and carry out a land swap scheme exchangjn :0 ::::.:: ~o:Aernment lands in
the rural areas to assure fair compensation tD 1?-~-::iowners on a -least cash"
basis. In any case, where private lands are acq:..:.:n?-d by the government in
pursuance of the program, the rights of small p:-c pcrty owners must be
respected. (Sec. 9.)

(.2) H ousing program. - Every family shou: d ha,·e a comfortable and
decent house ,.,..hich it can call its own. Spiritually. good housing raises the
morale of the family , improves the personalit y of the family because of
better environment, and generally gives an atmc·~phere of pleasant well-
being.4

As applied to metropolitan centers, especi ally ~letropolitan Manila,
social justice is a command to devise, among other social measures, ways
and means for the elimination of slums, shamble:> , shacks and houses that
are dilapidated, overcrowded, and without ventilation and light and sani-
tation facilities, and for the construction in their place of decent dwelling
for the poor and destitute .5 This would mean that the government has to
embark on a massive con_struction of low-cost h ouses which may be rente d

24, 1992J, tha ~urban DevtllOpmcnt and Hou!>ing Act uf 1992," which provides for a compre-
hensive and continuing urban development a nd housing progr am and establishes the mecha-
nism for it.s implementation.

2Article XIV, Section 12 , )a!;t par., 19i3 Constit\llion.
';1973 Constitution.

•see Del. E.T. Santos, op. cit., supra.
5Guido v:>. Rural Progr~;ss Administration, 84 Phil. 1:!47.

416 TEXTBOOK ON 'I'HE PHlLIPPINJ:: CONSTiTUTION Sec. 10

at low rentals, or sold to poor and middle-income earners at easy long term
and low-intere~t r a tes;6 or the development of viable hum an settlements
·.Jo·here deserving dt.ize ns m ay enjoy basic services and reasonable facilities
for residence, soun.:es oflivelihood and other amenities needed for comfort-
able living.

(3) Participation of' the. private sector. - The Constitution requires the
State to undertake the continuing urban land reform a nd housing program
in cooperation with the private sector. (Sec. 9.) It, in effect, requires the
government to provide assistance to private developers engaged in low-cost
housing projects and prohibits it from engaging in activities OJ' ventures
which would undu ly compete with private develope rs. Maximum private
sector participation is needed since the government cannot, on its ow n,
solve the cti.tical shortage in housing particularly in urban areas.'

SEC. 10.Urban or rural poor dwellers shall not be evicted nor
their dwellings demolished, except in accordance with law and
in a just and humane manner .

No resettlement of urban or rural dwellers shall be under-
takell without adequate consultationwith them and the commu-
nities where they are to be r e located.

Ejectment and resettlement of urban
or rural poor dwellers.

The Constitution prohibits the eviction of urban or rural poor dwellers
or the demolition of their dwellings, or their resettlement by the govern-
ment, except as provided in Section 10.1

In the past, many squatters were forcibl y evicted from the lands they
occupied and hurriedly resettled in resettlement areas wi thout sufficient
study and planning. Most of them returned to occupy other lands. 'l'o insure
the success of a housi ng or resettlem ent program for the underprivileged
and marginal wage earners in both u rban and rural areas, it must be
carried out after study and consultation with different sec·tors, including

•se~ Pre;;. DecreeR No. 757 , l224, a nd 1259.
;The esti1t11:1ted allt)UI:Il backlog ofhcJu ~;ing in th e co untry i.s nt lual:it. ~'iOO,OOO, and t.hi., i.<;
now here more gbring t ha n in Metro Manila with its vast aod still growing urban s lums. l'he
Comprehensive Urban Developm ent and Shelter AcL•R.A. ~o . 78:lfi, Dec. Hi, 1994) >lppropri-
ate;; funds for a lllllfl.~ive naLi cmwido housing program . R.A. No. 7742 (June 17, 19!H!
stre ngthens the HouJ=~ing Providen t Fun.d.

:H..A. No. 8368 (Oct. 27 , \997 1 repea led P.n . No. 772 which penali~.es squa tting. 1'he
repeal docs not me<m, however, .that squatting is condoned. The law hns countervailing
provisions upholding the sanctions prescribed ngainst pruft-ssional squaHing anc.l squflt.ting
sy ndicate~ . as provided in Section 27 of R.A. No . 7279, oth ~1rwise kn ow n as t.he "'{Jrban
Dl-!vl:'lopment and Hous ing Act of 1992 ."

Sees. 11 - 1~ AR'J'. Xll[. -- SOC IAL JUSTICE A ~ D JIL'MAN RI GHTS 417
Healt h

private developers and representatives of th~· dwellers thems<:lves and the
commu nit ies where t hey ar e to be relocated.

HEALTH

SEC. 11.The State shall adopt an integrated and comprehen·
sive approach to health deve lopment which shall endeavor to
make essential goods, health and other social services available
to all the people a t affordable cost. There shall be priority for
the n eeds of the underprivileged sick. elderly, disabled,
wome n, and childre n. The State shall endeavor to provide free
medical care to paupers.

SEC. 12. The State shall e stablish and maintain an effective
food a nd drug r e gulatory sys tem and undertake appropriate
health manpower development and researeh. responsive to the
country's health needs and problems.

SEC. 13. The State shall establish a special agency for disa-
bled persons for their rehabilitation, self-deH~Iopment and self-
reliance, and the ir integration into the ma.in.strea.m of society.

Protection and promotion of the right
to health.

(lJ Importance o{ health.- H ealth is a prer~ ·.:; -...::~-:te to h a ppiness and
well-being. It affects socio-economic factors nota!:<:.- ::-.come. levels of living,
and in partit:ular, n u t r ition . H ealth a nd educati v:-. ..::-.e closely int erdepend·
ent. A child's abilit.y to take full advant age of tho:- ~.:-!'10oling provided him
depends on his he a lth, a nd the a d ul t's ability t·: ·.:. ;.e the knowledge and
skills h e has acquired de pends on his mental and. p:-.ysical titness. 1

Heal th is intimately enmeshed with national dt?Ydopment. By insuring
the hea lth of ou r people, our human r esou rces wi ~i ~ made pr oductive and
availa ble in t he service of our country.2

1.2) Duty of' the State. - I t is the mandatory du :y of the State to protect

and promote the right to health of every F ili pmo by m a king quality
and adequat e health care available and at:ces,; iblt? to everybody, especially
the poor an d the disadvan taged . In the fulfillment of thi s duty, the Stat e
shall :

(a'(Adopt an integrated and comprehe n~ ive approach to hea l th
development that will make essential goods. health services and othe r

1Sce Del. E.T. Sa ntoi<. <>p. cit.. supm .
2"Health'' (an a right ! ~:~ppe-a red cmly a11 a part of social ~ervices in t h e 1973 Constitution,
while the 1935 Charter was silent about it. Now, for the- fi rst time, it is e nshrined in the
Conslit.ution as aJundam(mtal buman rigW, which has often b11en denied to t.he majority of our
people particularly t.h•, poor.

41R TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sees. 11-13

30Cial services available to all the people at aflordable cost, g1vmg
priority for the needs of the underprivileged sick, elderly, disabled,
women and children;:1

(bl Endeavor to provide free medical care to paupers (Sec. 11.) or

the po~; 4

(() Establish and maintain an effective food and drug regulatory
system;

(aJ Undertake appropriate health manpower development and re-

search responsive to the country's health needs and problems~ (Sec.
12.); and

</) Establish a special body for disabled persons for their rehabili-

tation, self-development and self-relian ce and their integration to the
mainstream of society.6 (Sec. 13. )

(3) An integrated and comprehensi ve approach to health development.
- The phrase "integrated and comprehensive approach to health develop-
ment" implies that the State must exert efforts to unify the national health
care delivery system - all governmental instrumentalities and personnel
concerned with health' and the private sector which includes hospitals,
private practitioners, medical associations, etc., and even private busi-
nesses - to make medical services available throughout the country.8

It also implies that raising the level of health of the people requires
improvement in their social, economic, and cultural conditions demanding
the support and cooperation of all sectors of society; otherwise, no health

3They must all be "underprivileged."
'R.A. No. 7875 (feb. 14, 1995), the "National H ealth Insurance Act of 1995," insti tutes a
National Health lllBuran ce Progra m for all Filipinos a nd establishes the Philippine Health
Insurance Corporation.
'R.A. No. 8423 (Dec. 9, 1997) creates the Philippine Institute of Traditional and Al tern ative
Health Care (PITAHC) to accelera te the de velopment of traditional and alternative health care
in the Phili p!Jines, while R.A. No. 8503 (Feb. 13, 1998) p·rovides for t.he promc.tion of Health
Research and Development establishing for th e purpose the Nationa l Institutes of Health (NIH),
and defining its objectives, power s and functitms. Exec. Order No. 470 (J<'eb. 24, 1998) creates
the Philippine Council for Mental Health with the fu nction. a mong others, to formulate
policies and guidelines on mental health issues and co ncerns and develop a comprehensive
and integrated national plan on mental health.
"R.A. No. 7277 (March 24, 1992) grants special privileges t o the disablod and incentives
to other employers. (see Note 10.)
7R.A. No. 7305 (March 26, 1992) is the ":!\ofagna Ca rta of Public Health Workers." It aims
t o promote and improve the social and economic well-heing of health workers, tlltli.r lh'ing
and working conditions and term ~; of employment, develop their skills and capacities, and
encourage them to join and remain in government service.
8While we have one (1) doctor for every more than a 1,000 population, most of the doctors
are in the maj or cities CSp€cially in Metro Mani l~o , not in the co u ntryside where they are most
n eeded. Similarly, our best tertiAry hospitals with the finest medical facilities and well-
trained m edical staff are in Metro Manila. Thus, the problem in Philippine health care is
basically one of imbalance in favor of urban centers and maldistribution to the disadvantage
of the countryside.

Sees. 11- 13 ART. XIII. - SOCIAL JUS11 CE A:-:D HCMAN RIGHTS 419
Health

development effor t will succeed . It is a myth tha t health problem!=; can be
solved by health solutions alone. To eradicate. for example, TB and ma lnu-
t rition , the problem of poverty must be addre~5ed.

A systematic a pproach t o healt h developm.:- m , protection and r esearch ,
and e ducation of our people in health habit s a r.d a dequate health car e will
lessen our dependence on public hospitals. cli:.ics. puericulture centers,
a nd their full complement of medical work€-:,:.. The State should give
emphasis on primary health programs with grt-~ :e-r a ttention t o the pre-
ventive than the cur a tive a spects of health. T!:,;. ..:ountry's hea lth syste m
has become high ly curative and doctor-oriented a: ~ :-.~ expense of the more
i mpo rt~comp on e nts of car e a nd prevention .

Cf!An effe ctive food and drug regulatory s_\ ~:-: -. . - The th ird constitu-

tional mandate seeks to rationalize the law on f.:..:...C .:.:.:. ·~:ugs to pr otect the
public from h armful and useless but co~tly food a:: : i:-...;~s. It shall be the
d uty of the Sta te t o adopt measures and pc.: i :::,;.~ :::.;: would eliminate
harmful and u seless medicines. increase d·nne:;: :: ;:-:-::;.::: c.n of essential
dr ugs, encourage loca lly applie-d d ru;; rt-sE-s.r.:::-.. .:: :-.: ::-.~: ::·..:: ,;- e1'Pctive d rug
qu a~ity cont rol sup ply and df'b·e-r:· ~ y ~:~ :-r.s as ·,a;t-L a s ~ progra m for
dissemination of drug information to educate t i:H.- ~opie on the r ational use
of drugs. Many d rugs overlap each other, with little or no t he ra peutic
value, while some drugs are more essential than others.

In the Philippines , thousands of drugs a r e manufactured a nd sold,
many scarcely different from each other. The first step in a national-dr ug
policy would be t o establish a limited list of essent ial drugs and to con trol
prices of exorbitantly priced drug~ which impos e a heavy burden on the
people. The coun try has to be independent from foreign drug companies
and be self-suificient in the production and distribution of drugs consider-
ing the wealth of medicinal plants in the country. Any drug policy must
include the local manufacture of h erbal medicines to meet particula rly the
needs of the rural poor who cannot afford the expensive im ported medi-
cines. The country's dependence on imported d rugs is one of the major
factors for the high cost of drugs since the final price is largely de pendent
on the foreign exchange rate.

(5/.4 special agency for disabled persons. - The body to be crea ted by the

State for disabled persons shall coordinate and su pervise all existing govern-
mental and non-governmental agencies concerned with the rehabilita tion a nd
education of these persons. It s principal duty shall be to help disabled or
physically and mentally h andicapped in dividuals become productive and use-
ful members of our society9 by promoting th e realization of their rights to

9 In west~rn co un tries, the handicapped are given ~pecia l a ttention and privileges in
transportation , housin g, employment, education and socia l places. Thus, bu ildings are re·
quired by law to provide fa ri lit it-s especially for them like p ark in g spaces , mean.'\ of ingress
and egress, et c. Buses have r e.se!'wd seats for the crippled. l n t he Philippines , t h e exist ing
law on accessibility is B.P . Big. 334 •f e(J. 25, 1983 •. "An Act to enh a n ce the mobil ity of
dis abled pe rsons hy requiring certain bu ildi ngs. estRblishmen ts, ins t itu ti ons , a nd public
u til ities to ins t a ll faci lities and other dc \·ices :·

TEXTBOOK ON TH E PHILIPPINE CONSTITUTION ~ec. 14

f'..:.!H:non as normally a s possible in everyday living and to enjoy the opportuni-
i::.:-,; a vailable to other citizens with dignity and self-respect without having to
~ mendicants a nd lifelong dependents of society. For nothing can be more
demeaning and more hurtful to the dignity of a human being than ha ving to
beg for his subsistence and becoming totally dependent or, others.

The measure of care that a socie ty takes of its handicapped citizeng is
an index ofthe humann('SS of that society.10 (see Preamble. )

WOMEN

SEC. 14. The State shall protect working wome n by provid-
ing safe and healthful working conditions, taking into account
their maternal functions, and such facilities and opportunities
that will enhance their welfare and enable them to realize their
full potential in the service of the nation.

Protection of working women.

Men cannot be considered , as a general proposition, superior to wom e n.

(see Art. II, Sec. 14.) Howeve r, by reason of the Jr:.wl~ . P.h_ys ical s tructure
toan.d m~j;_~f_Jla.l f~nctions ofwomeQ, the Constitution gives spcci~Ycoricern..
ancfexprcsslyworking wom~n· mandates the State to protect them. To t.hi~
end, the State is required to provide (l) safe and hea lth ful working con d·i-

tions t a king into accou n t thei r maternal function s, and (2 ) .such facilitil~s

a nd opportunities that will enhance their welfare and well-being to reali1.e

their full pote n tial in the service of t he nation. 1

"'R .A . No. 7277 rMan:h 24 , 1992), is t he "Magna Carta for Di!>abled Persons ." It provide!.•
for the rchabili t.at ion, l!eif-development and self-reliance of di~abled ptlJ:"S<JO!'l a11d thr.ir
inte'{ration into the main1;1 tr<~ am of .society. Ex ec. Or der No. 376 fOct . 29, 1996) au tho r i~es
t he lJepa r \ mt>u t of Social Welfare and Developmen t tDSWD > to esta hli>;h. ma n age tt nd
operate a Skills T raining CHntt>r for Disabled a nd St reet Children at E lsie Gacht!s Village.
E xec. Orde r No. :!H5 !Dec. 9, 1996) c n~ates B. Task Force to addr~l;S the concern:1 uf pC' r!'un;;
wi th disabilities.

1Pres. Decree No. 63:} (,Jan. 7, 1975) creates the Nation nl Commission on the Rol ~:~ of
Women, to ensur e th e full integratinn of women for et•o nom ic, ::;ocial a nd cultural dev elop·
mcnt at the n a t ional. regional and int er na t ionul lev£•ls and t cr ensure fuJ:"ther t he equali t.y
between men and wom en. Exec. Or der No. 201:1 (Ot·t. 10, 1!:194 ), as amt~ nded by Exec. Or der
No. 268 (Aug. 4, 1995), furth er defines the composition, powerRand functions ofthe Com mis-
s ion. R.A. No. 7192 Web. 12, 1992). the "Women in Deve lo pment and Nation Building Act.,"
promot es t h e integr a tion of women as full and equal partne r s of me n in development a nd
nation building. H.A. No. 6949 lApril 10, 1990i declares March 8 of ev~ ry year as a working
s pecial holiday kno wn a a "Naii9nal..W.om.QP:~J)!!l:· " R. A. No. 7882 fFcb. 20, 1995) manda tes
the gi ving of a:111istance to wome n engag ing in mi cro and cottage business t>ntcrpriscR.
Proclamation No. 227 (March 17, 1998) mandates t he observance of ''Women 's Role in
History Month'' every M1\rch. Likewise Proclam ation No. 224 decl ares the firs t week of

March as " Women's Week" a nd Ma rc h 8 a :; "Women's Right and Intern tl tio nal Peace Day."

Sees. 15-1 6 ART . XlTl . - SOC tAL .JUSTICE AND HU MAN RIGHTS 42 1
Role and Rignts of Peop le·~ Or ~an i ~ations

A law may validly grant certain privileges •e.g., leaves, shortl:'r hours of

workj t o working wome n not extended to working men wit hout ,·iolatin g
the constitutional guarantee of equa l protection of the laws. !see Art. I.IJ ,
Sec. 1. ) There is no :liscri mination because the difference in treatment is
relevant to the purpose of such la w and is ba sed on the material or
substantia l differences between the sexes.

ROLE AND RIGHTS OF PEOPLE'S
ORGANIZATIONS

SEC. 15. The Stat~ shall r espect the role of independent
people's organizations to enable the people to pursue and pro-
tect, within the democratic framework, their legitimate and
collective interests and aspirations through peaceful and lawful
means.

People's orga.niz.ations are bona fide associations of citizens
with demonstrated capacity to promote the pub.Jic interest and
with identifiableleadership, q1embership, and'structu.re.

SEC. 16. The right of the people and their organizations to
effective and reasonable participation at all levels of social,
political, and economic decision-making shall not be abridged.
The State shall, by law. facilitate the establishment ofadequate
consultation mechanisms.

Role and rights of people's
organizations.

.Jn a democratic and republican S tate, sovereignty resides in the people
and all government authority emanates from them . (Art. II, Sec. 1.)

The recent, historic events (February 22-25, 1988) in our cHuntry which
saw t.he ins tallation of a new government "through the direct exercise of the
power of the Filipino people" have given concrete expression to this democratic
axiom. A new political vehicle for exercising popular sovereignty emerged-
"people power." Cause-oriented groups or people'~ organizations which prolif-
erated during a former regime pressing for reform~ paved the way for the birth
of"people power." They continue to compete in articulating the interests a nd
aspirations of the people particularly the variouAsectors they r epresent. This
is beneficial to both the people and the government. For it is quite true that a
government that li~tens to the voice of the people:: and considers their views
and sentiments in the decision-making proces~ is an effective and stable
government because it becomes responsive to their needs and well-being.
Thus, people's organiza tions help to make the government one truly based on
the consent of the governed.

422 TEXTBOOK 0~ THE PHII.IPPINE CONSTITUTION Sec. 17

Obligations imposed on the State.

In recognition of t he important role of people's organizations in reflect-
ing the popular wi11 a nd as "c~talysts of chan ge," the Constitution man-
dates the State to listen to the citizens and their organizations, more

~pecifically:

(1) To respect the role of independent people's organizations to enable
the people to pursue a nd protect, within the democratic framework, their
legitimate and collective interests and aspirations through peaceful and
lawful means (Sec. 15, par. 1.);

(2) Not to abridge the right of the people and their organizations to
effective and reasonable participation at all levels of social, political and
econnmic decis-ion-making (see Art. II, Sec. 23; Art. III , Sees. 4, 8; Art. VI,
Sees. 5[1, 21, 32; Art. X, Sees. 3, 9; Art. XVII, Sec. 2.); and

(3) By law, to facilitate the establishment of adequate consultation
mechanisms between the people and the government. (Sec. 16.)

The Constitution defines what are people's organizations . Aliens cannot
be members of such organizations because the rights given a re political in
nature.

-mfMAN RIGHTS

SEC. 17. (1) There is h ereby created an inde pendent o ffice
called the Commission on Human Rights.

(2) The Commission shall be composed of a Chai rman and
four Members who must be natural-born citizens of the Philip-
pines and a majority of whom shall be members of the Bar. The
term of office and other qualifications and disabilities of t he
Members of the Commission sha ll be provided by law.

(3) Until this Commission is constituted, the existing Presi-
dential Committee on Human R ights shall continue t o exercise
its present functions and powers.

(4) The approved annual appropriations ofthe Commission
s hall be automatically and regularly released .

The Commission on Human Rights.

(1) Composition. - It is composed of a Chairman and four (4) members.

(2) Qualifications, appointment, term, and disabilities. - The mem-
bers must be natural-born citizens of the Philippines, a majority of whom
shall be members of the bar . The Constitution does not provide for their
appointment. They shall, however, be appointed by the President without
need of confirmation of the Commission on Appointments.1 (see Art. VII,

1 Bauti~=;la vs. S alongn, 172 SCRA 160, April 13 . 1989.

Soc 17 ART. XUI. ··- SOCIAL JUSTICE A..'. D HC MA~ RIGHTS 423
Human R:'!ht .:

Sec. 16.) Congres~ shall, by law, determine the term of office. disabilities
and other qualifications of the members of t~ e- Commission. l

(3) Independence. -- To enhance its indt- p€'ndence, the approved an-
n ual appropriations of the Com mission sha~: ~ automatically a nd regu-
larly released. The Commission is independe r::. : .:,f the three (3) branches of
the government. By directly creating the Cv=.::nission, the Constitution
seeks to safeguard the body from undue pres:: ur€ from other branches of
the government regardless of which political par:y is in power.

Although it may not be in the category of th£; three (3) other Constitu-
tional Commissions, it is, however, given impona::t powers and functions.
Note that it is also categorized as independ.e.nt. by the Constitution. (see
Art. IX, A-Sec. 1; Al't. XI, Sec. 5.) ~

The then existing Presidential Committee on H u man Rights3 contin-
ued to exercist>. its functions and powers until the <.:'rg:anization of the
Commission on Human Rights.4

Reasons for creation of the Commission.

During the period of martial law from 1972 to 19S 1. violations of
human rights were rampant. Opponents and critics of the regime and even
innocent civilians were arrested and detained by the m ilitary without
charges filed against them. It is estimated that more than 70.000 persons
were detained during the said period.

Among the acts or cases attributed to the martial law regime are
arbitrary arrest, torture, solitary detention, hamletting (i.e., people were
forced to vacate their homes and herded in a place against their will), food
blockades, extrajudicial killings (popularly termed "salvaging"), massa -
cres, and forced disappearance of individuals. Military abuses were alleg-
edly tolerated if not abetted by the government. Many believed that viola -
tions of human rights only succeeded in giving the military a bad image
and in fanning the inc1·ea se of subversive activities in:::tead of containing or
suppressing them. Even after the lifting of martial law, persons could be
arrested a nd detained in definitely without charges filed again st them
through Arrest, Search a nd Seize Orders (ASSOs) and later . th rough Pre-
ventive Detention Action (PDA) of the President under decrees is:: ued by
him under Amendment No.6 to the 1973 Con stitution.

1 Under the .t.clministrativf: eode of 1987. thf'~ are a ppoi ~ t.:-d ':,:• ~:-.e Prtsident for a term
of~•:,·en 17 \ .vears wi thout r~ap pointment. Appoi ntl!le:--: :r, .<:o~· ·;:~ c.>. <.:-y shall be only for the
unell.pircd t<' rm of t!H· p!'t>d-::ce;;sor. They ;;hnl\ rt>ce:v~ :hE- ;.::.::-.e :.a:a ry as the chairmen an d
mem ber:; of tlw Co ns ti tu! ion a l Comnll :>~ u·.n:; and :;u~.,~.: : '. •.· ::-... ;;.a:r.e di :~abilities. They m ust
be at leas t 35 year:; of age at the tim.. v f t!l.:: ~ a~p.:. : :-.::::~:-:t and mu st not h ave been
can didates for any elecuve pQ>itiv n m thE- e : e-ct:L;r.~ :::-.:"-t'd:ately preceding their appoint-
ment. (Titl~;~ II, Subtitl<:> A. St!<::,;. l. -!. 5..

~ create d by Ex ecuti,·e Orde r ~o . 5: ~ee Execut:ve O rders ~o. 163 and No. 163-A.
•Exoc.·ut ive Order :\o. 163 declare~ the effe< tJ\'it:· of t he cr eation of t he Commission on

Human Rights on May 5, 198';. tho:- date CJf it;: promulgarwn.

424 TEXTBOOK ON THE PHILIPPI NE CONSTIT UTION Sec. 18

C ntil now, it is claimed, there a re still s tru ct u ral imba lances in our
:;ociety that can pa ve the way for human rights abuses; hence, the need fo r
an independent Human Rights Commission.:.

Article III <Bill of Rights) makes an enumeration of the rights of the
people while Article II (Sec. 11 thereof. 1 declares that "the State val u<~s the
dignity of every human person an d guarantees full respect for human
rights." The creation of the Commission on Human Rights gives further
stress to the primacy of human rights in our constitutional hierarchy of
values and reaffirms our nation's commitment to their protection . It is an
~ssu~ance to the citizens that the rule of la w.and not of men s hall re ign in
our Janel..

SEC. 18. The Commission on Human Rights s hall have the
following powers and functions:

(1) Investigate, on its own or on complaint by any party, all
forms of human rights violations involving civil and political
rights;

(2) Adopt its operational guidelines and rules ofprocedure,
and cite for contempt for violat.ions thereof in accordance with
the Rules of Court;

(3) Provide appropriate legal measures for the protection of
human rights of all persons within t he Philippines, as weJl as
Filipinos residing abroad, and provide for preventive measures
and legal aid services to the underprivileged whose human
rights have been violated or need protection;

(4) Exercise vis itoria l powers over jails, prisons, or deten-
tion facilities;

(5) Establish a continuing progra m of research, education,
and information to enhance r espect for the primacy of human
rights;*

"Violations of huma u rights an! comruon when both people an d their duly constituted
authorities arc ill-informed abo ut th em and tD kc for grantt>d the rwed to protec t an d preserve
t he m. Many 8Cci ors of our t:or it"!ly suffer from various forms of violat ions of their human
r igh ts. Children ;•nd the youth, women , rn\gra nt an d rural workers. persons with disa bili t\t-s .
and culr:urMI mi11orities are freq uen t victims owing to tlwi r lack of o;>ducat ion and !Ieee;; ~ to
institutions thllt protect such rights.

*Executiv(, Order No. 27 r,July 4, 19861 "direct-" the l>eparlment of F-ducation, Culture
and Sports t o indude the study and unden>to ndin g of huma n rights in t.he curricula of all
levels of educat ion and t-rain ing in all sehools and l o init iate und main tain regular progra ms
and specia l projects to provide venues for informnt.ion and discus:,;ion of h urnan rights." Tho
aim is. "to gi v<' grt?atcr respect for human right!l and to deter violations t.hercof.''

Me mora nd um Order 259 t Feb. 7. 1995J rc: quires hum an rights ed uca tionnn d trai ning of
law cnforc.em•mt to police, m ilitary an d prison pen;onnel. lt direct!: the Departmentt=; of
Interior and Local Government and of National Defense to include a;; an in tegral p<Ht of the
continuing educ ati on :-~ nd t rain ing of the ir pll rsonnel the study of hurn<rn righ ts as conducted
by tho 'Comm ission on Human ){ighls.'

Sees. 18-19 ART. Xlll. -SOCIAL .JUSTICE A~D HUMAN RIGHTS 425
Human Righ';

(6) Recommend to the Congress effective measures to pro·
mote .human rights and to provide for compensation to victims
of violations of human rights, or their families;

(7) Monitor the Philippine Govern.ment~s compliance with
international treaty obligations on human rights;

(8) Grant immunity from prosecution to any person whose
testimony or whose possession of documents or other evidence
is necessary or convenient to.determine the truth in any inves·
tigation conducted by it or under its authority;

(9) Request the assistance of any department, bureau, of·
fice, or agency in the performance of its functions;

(10) Appoint its officers and employee~ in accordance with
law; and

(ll) Perform such other duties and funetions as may be
provided by law.

SEC. 19. The Congress may provide for other eases of viola-
tions ofhuman rights that shouldfall within the authority ofthe
Commission, taking into account its recommendations.

Powers and functions of the Commission.

These are enumerated in Section 18. Note that th.: Commission on its
own initiative, ·even in the absence of any complain:. can investigate aU
fi)Tms of human rights violations. Its investigator:-· p·:,wer, however, is
limited only to violations involving civil and politicai right!-;. (Sec. 18llJ.)

Most'of these rights are provided rri-The-Billo-( Rtght:>. particularly the

rights of the accused. Such cases ofhuman rights violations are to be filed,

after investigation, with the proper court.

Other cases such as those arising from private contracts, employer-

employee relationships, or individual crimes not connected with the per-

formance of duty by a public officer fall more properly under the jurisdic-

tion of other agencies of the government. ."

The, .lCommission can -i-n.. .v. e.stig.a..t..e.. ..v..io. ..l..a...ti.ons commi!.t.~d by th•e g- overn-

ment o~ private partie~. Thus, armed rebels could also be guilty of commit-

ting violations of human rights when atrociti~~ are perpetrated against

defenseless individuals-. Not only persons within the Philippines l;l.ut..all

F-ilipinos residing a b-r-o-a..,_d.. a r e entitled to the protection of the Commission.
.
..

Proclamation ~o. 1139 !Dec. 10, 1997) declare,; 1998 as "Human Rights Year in the
Philippine!!" and the years 1998-2007 as "Human Rights l~duciltion Decade" in accordance
with lhe resolutions of the l-nited :'\ations Assembly. Proclamation No. 177 declares Decem·

ber 3-10 every year as "National Human Rights Week.. R.A. No. 9201 (April!, 2003) declares
De(~ember 4-!0 as "National Human Right:; Consciousnes!; Wt>ek in the Country."

426 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sees. 18-19

f Ibid.· The visitorial power of the Commission r efers to its power to e.xaJtl.~
ine the administration and conditions of jails, prisons, or detention facili-
tie;;: tArt. III, Sec. 19121.), with a vie.w of determining pogsible violations of
h uman rights.

In addit ion to its s pecific powers and function s, the Commission may

perform such other duties and functions as may be providedJ:?Y law. (Sec.

18[11].) Thus, the law may also give it prosecutorial powers which it does

not possess unde r the Constitution. Furthermore, Congress, on the recom-

mendation of the (';ommission, may place other cases_ of hum an rights

violation within the authority of the Commission. (Sec. 19.)' ......... ··

- oOo -

Article XIV

EDUCATION, SCIENCE AND
TECHNOLOGY,

ARTS, CULTURE AND SPORTS

~DUCATION

SECTION 1. The Stateshall 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.

Concept o1 education.

. E.4.t.t.catiQ.n ma y refer to the process of training the physical, mental,

and/or moral faculties of an individual. The over all purpose of education is to
provide an individual with knowledge, skills, competence, or usually, desir-

able qualities of behavior and character to render him fit tor the dutie~ oflife.'

The term is a lso used to me'an t he knowledge, skill::;, or values gained
through this process.

Ways for acquiring education.
Education may be a cquired through a fo r mal course of in :-:t!".::::: · -.

offered by institutions established for the purp ose, or inform ally · Sf-·: 2 ~
5J.), i.e., t hrough means outside t he formal school system . ~ut'h H~ ·. :-.-:;..·: ·
job training, exposure to work, experience, self-learning. Hnd : ; ?. :~.:!"lg
under out-of-school study programs .

I t is s aid that life i;.; a continuing education, or st ated in an( ther way,
education is a lifelo_tlg pr()c~ss. In dividuals should continue t•.-. ~row intel-
lect~a.lly, spiritua lly, and socially, if they wish to succeed in life a nd learn
all the aspects of s urvival'.

1{df:la lly, the aim of all ;;tude nts aflP.r graduation .;hould b~ to (•m ploy peoplP a nd not
mer ely to seek empl c>yment. F. vt>r ." ind i \'itht<~ l should be s elf-rl:'liant . life-llkilled and produc-
t ive, act ively contributi n g h is ~hare in bui lding ~a j us t an ti humane sor.iet.y." (Preamble.}

42 7

TEXTB0UK ON THE PHILIPPI:-.IE C:ONS'fi'!'lJTION Sec. 1

Goals in giving priority to education, etc.

Section 17 of Article II mandates the State (Government) to give prior-
ity to edur,ation, science and technology, arts, culture and sports with the
following goals:

OJ 1'o foste r patriotism and nationalism. - Patriotism is love for or
devotion to one's country. It is a feeling or e motion. Nationalism is an
attitude or belief characterized by a sense of national consciousness of
common culture, race, and inten~::;ts of a people who consider themselves
one and disti nct from others.

Both emphasize loyalty to one's country and promotion.'"of its interest
above all other peoples or nations. Within t h e country, t hey oblige the
individual to rise above narrow parochial mentality, thinking not in terms
of personal, family, regional, or ethnic interests but of the common good;

(2) To accelerate social progress. - The fulfillme nt by the State of the
constitutional mandate will hasten the attainment of social progress or
national growth and development. Essentially, social progress implies im-
provement in the quality of the people's life in a ll its aspects - economic,
social, cultural, and political- that make up our standard of living; and

(3) To promote total human liberation and development. - The goal is
not orily to promote thc.COlllJJlon.good, but t he individual welfar~ as_welL
While "liberation" and "development,';·as used a bove, are not synonymous,
one presupposes the other. The individual should be helped that he may
develop harmoniously his physical, moral, and intellectual faculties and
thereby liberate himself from the shackles of poverty, ignorance, illiteracy,
fear , disability, and other social an d economic circumstances that prevent
or hinder the fu ll development of the human personality. The theory is that
an individual who is happy, contented, and properly motivated, and duly
trained in the necessary and useful skills will be able to participate ac-
tively in t he life of society and , in th~ process, contribute to t he promotion
of social progress.

Right of all citizens to quality education.

There is hardly anyone who will disagree with the proposition that ev&ry

who-man has a right to educat!<.m.. The right is so basic that it is well-nigh

impossible Tor adtizen.. is ignorant and without talent or skill to have the

capacity to liberate himself from poverty and want, to fully enjoy the rights
guaranteed him by the Con~titution, and, for that matter, to fully enjoy life
itself in this fast changing world; nor can he be expected to be conscious of his
duties as a citizen and, consequently, more responsive to the rights of his
fellowmen. Instead of contributing to its progress, such a cit izen makes him-
self a burden to society and adds to its ~roblems. Unable to understand such
values as truth and justice, liberty and human dignity, democracy and love of
country, and to deve lop and strengthen his own convictions, he becomes a n
easy prey to the manipulation of corrupt politicians, sweet-talking dema-
gogues, and dubious leaders and to the blandishments of alien ideologies.

Sec. 1 ART . XIV. - E()l 'C.-\TION, SClL'\CE A~D TECHNOLOGY. 42!1
ARTS. CULTURE A:'\D :-'l'•)RTS
Education

So important i:; the right to education that it has now been Pnshrined in
the new Constitution. This right was not embodied in the 1935 Constitu-
tion while provision~ on the iluhject in th(+ 19-:-:3 Constitution were mer ely
in the n ature of ~oci al se rvices which the St-'<t€' was supposed to provide.
The ri~ht is now ma de explicit or categorical.

Note that t he right guaranteed ifl not just the right to education.l:mt .t.he
r ight to quality education at all leveis - E-iE-m c-ntary, high school, and
collegiate, both public and private.2 (see Art. II. Sec. 12.)

Duty of the State to protect and promote
right to quality education.

( 1) Equal opportunity to quality educa tion. - E ducation is not a local
and'private concern. B_y··constitutional mandat e. t ~t- rig:ht t o quality educa-
tion imposes upon the State the corresponding duty to protect a nd promote
it. The State must take steps to make qualit:-· e-ducation at a ll levels
gener ally accessible or ava ilable to all on the ba:<i~ of capacity by every
a ppropriate means and, in particular, by the e::rabli 8hment and mainte-
nance of free education a t lea8t up t o the high school level. (see Sec. 2[1).)
As far a s may be possible, it should provide to tho~e who arc capable of it,
the opportunity to pursue higher studies so that they may play a more
active r ole in social life a nd especially in the economic and political spheres.3

The "elit ist" character of quality education in the country has been the
object of massive criticism. Even quality education outside of the few
"elitist" schools is accessible only to those with fi nancial means. It is the
du ty of the State to create conditions which are necessary to realize the
righ t of all citizens particularly the un derprivileged to equal opportunit:-· tc
quality and affordable E>ducation at a ll levels, whtther public or pri\·att-. 1:
should n ot a llow the quality of education to suffer in favor of"quanti! <=.:: ·:e:
expansion."4

2F i!ipino students can excel in any field t hey choose if given enough c•;:-;-: ;,:.;.:-_:::B tO
develop th eir potentia!R th rough quality education. They can be at par wltr. ~ ~...::: ~ . .:.:.:.-r·
parts in' a.ny count.ry if thoy ge t to study in a n environ ment. conduci,·c to:· :,. :; ~ :·. .~..: . -..·here
t here are enough facili ties ond too ls neccss11ry for th em to s harpen their a;.;::~ ::-.:: ;,K.:ils and

become world-class knowledge workers.
~RA. No. 7S23 (March 30, 1992) h elps poor but deserving ;;tuder:t:' ;· ·.:~; ~..: :~etr educa-

tion by encouraging t h eir employment duriT'g summc o• and!IJr Chri;: r:: .;~ ·. .oc:.>:;.:,ns. t hrough
incentiveJ> gnmted to employers allowing them to pay only 601':i ofth~:~ ; :::.;.r:e3 or wages and
the 40'k t h rough education vou chers to be paid by the Govt; rnme-r.; .~ c··:· :-.~ ;,.:: ll to Section 5.

'The new milleni um h~t~; ushered in many rhallen...:t>:: ~; nd p ~ : :.. ~~:::r-.3 for a deve loping
country like the Philippine s. With t he emergent:e of i nfcmnat!i· ~. :.,., ~,::-. :;ogy and globalization
of the world'.s economies. it has become crucial for ot;r c.:.:~: : ~:: :: ;;!'oduce quality pr oduct s
and ~ervices that can cornp(> te succe~sfully with :';t: " ··, ~ ::::· ; ::,.;;,t. \..,.e cannot be globally
competit ive unless we upgrade our .;ducational i m:;t ~:; . :.:: n!d facilities, i.e., the qualit y of
education, to hone the skill.; a nd compHencP of ou~ ent.;rprPneurs and work force. The global

economy i1:1 being transfonned by an information rHol uu on . Eronomic activit ies are becom-
ing less re source-in tensive and more ~~-.l.f!~j n_te~ The job s that are being created

a r c in the informatioil and se rv ice sector s. These jobs requ ire 11 certain level of education .

480 TEXTnOOK ON THE PHILIPPINE CONSTITUTION Soc. 2

¥ Problem of poor school fa cilit ies and. services. - Th e Constitut ion
r.;-cogn;zes that the quality of education may he deficient in some cases as a
result of poor st:hool facilities a nd ser\'ices. Much has been said about the
so-called "diploma mills" - crowded classrooms, lack of textbooks/; incom-
petent teachers, unavailability of teaching mate rials, sub!:itandard librar -
ies, laborator ies, equipment, a nd ot her fa ci lities , dilapidated school build-
ings , irrelevant. curricula, etc. The St a t e is duty-bound t o a dopt measures
to address these problems.6 Adequate financing of education is the lifeline
to quality education.

SEC. 2. The State shall:

(1) Establish, maintain, and support a complete, adequate,
and integrated system of education rele vant to the n eeds of the
people and socie ty;

(2) Establish and mainta in a system offree public education
in the elementary and high school levels. Without limiting the
natural right of parents to rear their children, elementary
education is compulsory for all children of school age;

(3) Establish and maintain a system of scholarship grants,
student loan programs, subsidies, and other incentives which
shall be available to deserving students in both public and
private schools, especially to the underprivileged;

(4) Encourage non-formal, informal, and indigenous learn-
ing systems, as well as self-learning, independent, and out-of-
school study programs partic ularly thos e that respond to com-
munity needs; and

(5} Provide adult citizens, the disabled, and out-of-school
youth with training in civics, vocational efficiency, and other
skills.

Complete, adequate and integrated system of education
to be es1ablished, maintained, and supported.

Sect ion 2 provides some of the ways by which t he State can m ake
quality education accessible to all. It furth er implements the constit utional

"R.A. No. 8047 (,Ju ne 7, 1995) provide~> for lhe dcveloprilent of the book publishing
industry th rough the implementation of a national book poliey and a n ational book deve lop -
ment plan, creating for the purpose a Na tiona l Book Develop ment Board.

ijEducl\ t ors have iden tified possible solu t ions: a strength ened curricul um , mor e chal-
lenging textbooks , better qualified teacher s, cu rricular enrichment progra ms, and a r eturn
to the basics of reading, writing, and arithmetic. In particular. ~tudies of t he Departmtmt of
Education (Dcp. gd.) showing disappointingly low t each e r competen\'l:l suggest. the n eed to
beef up t.e~:~cher training sc hool.s lind in-ser vice pNgram!\.

The gove rnment need a lso to implemen t special educa tion program ij for childre n with
s pecial needs, i.e., children who are mentally r etard ed, or who have auti!lm, or with learning
disabilit ie1;, or who are highly gifted, a mong others .

Sec. 2 ART. XIV.- EDUCATJON, SCIENCE AXD TECHNOLOGY, 431
ARTS, CULTURE A.l.\lD SPORTS
Education

policy of social justice to secure equality of opportunities to every citizen.
(see Art. XIII, Sees. 1, 2.)

The State is directed by the Constitution to "establish, maintain and
support a complete, adequate, and integrated system of education.'' tSec.
2L1J.) The system should include the earliest instruction for young chil-
dren, elementary and secondary education, and higher training in arts,
sciences, and the professions. It presupposes th~ establishment of nursery
and kindergarten schools,' elementary and high schools, and graduate
institutions of learning which must be adequate and integrated. The Con-
stitution makes it obligatory for the government t.:. do this.

The preservation of democraiic institutions depends upon an educated
citizenry who are aware of their basic rights and obligations. But more
than this, it demands an intelligent group ofpeople who are highly equipped
mentally and morally to furnish the needed leadenhip in the various fields
required by a dynamic and self-sustaining economy. people capable of
independent thinking and of critical judgment.2 1t cannot be over-empha-
sized that well-educated and properly trained population are the strongest
backbone of a progressive and prosperous nation.

System of education to be relevant to the
needs of the people and society.

The Constitution is explicit in its directive that the ~ystem of education

to be established, maintained and supported should be "relevant to the

needs ofthe people and society." (Ibid.) Thus, it stresses the main objective

of public education. Among the immediate problems facing the country

today are underdevelopment, unemployment, and mass poverty particu·

larly in the rural areas. Below are some of the inno,·ations, measure~ or

programs introduced, planned, or proposed to democratize and improve the

public educational system and make it responsive to the needs of the people

and our society.3

···"" t:nder this ~ystem imple-

(lYEducation service contracting scheme. -

mented starting school year 1986-1987' students not accommodated in

public elementary and secondary schools because of lack of classrooms,

teachers and instructional materials, will be enrolled in qualified private

1Pre-.schoolleaming plays a vital role in developing a child'!> innate skills and potentials.
Tt "erves to facilitate the learning process when children begin school by enhancing at an
early age their competence for'classroom work and social interaction.

2See V.G. Sinco, op. cit., p. 486.
3Education around t.he world has undergone a ht of transformation through the years
brought about by political, social. economic and cultural forces whirh influence the life of the
people. New educational tools;teehniques have been in,·ented that ha,·e practically discarded
the old traditional and well·entrenched thcoric.< and methods cf teachings. Activity i-:~struc­

tion and more encouragewent to freedom 1r. thinking and excho.ngeo of ideas have now become
the name of the game in mode-rn day education. ·see Philippine Panorama, p. 3, June 14,

1998.) With the emergence of the information age. it is now a common assumption that the

fastest way t11 bring progress to any nation is to create- a knowledge-driven economy.

4~2 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 2

school s in their res pective communi tic" with the government la ter paying
for the students' t uition an d oth er rees which is mu ch chea per than for t he
government t o constr uct a dditional school buildings, hire new teach~rs ,
and purchase more teaching matE!rials ror the excess students in the public
schools.

The pr ogram also strengthe ns t he viability of private schools through
the infusion of governmen t funds. Thus, it benefits bot h th e government
and t h e private schools concerned. Th e funding scheme now includes pre-
school a nd kindergarten c1asses in rural areas a nd urban poor communi-
ties. It may later be extended to the collegiate level.

(2) Five-year literacy p rowam . - This progra m implemented starting
school year 1987-1988 is designed to upgrade t he litera cy skills of grade
school children in depressed areas of the country. The program is directed
at schools located in far-flung areas. isolated villages of cu ltural minori-
ties, resettlements, relocation centers, and urban slums which make up
over 10% of the total number of schoo ls in th e country. The pr ogram came
a bout after a study s howed t h at t he numbef of illiterates in t he Phi lip-
pines, is expected to increase unless appropriate measures are taken by the
government. The low literacy rates·' in their r espective regions are attrib-
uted to pupil drop -outs due to poverty, incompetent teach~rs , lack of in-
structional materi a ls, dis tance of school from home, ov er s ized classes, and
peace a nd or der problem.

Under the program, schools in the various areas are provided with
necessary needs like textbooks, remedial instr uctional m aterials in r ead-
ing, and in-Rervice training for teachers in remedial reading. The program
is expected to increase the national literacy rate of 8 1.75% t.o 85%.

(3) Reduction of entrance age. - The entr a nce age for elementary
schoolchildren was reduced from seven (7) to six (6) year s old, starting
school year 1988-1989. The lower a ge requirement for gra de school chil -
dren aims to facilit at e t heir educational growth a nd development. A study
conducted among grade one and kindergarten pupils sh owed th a t th ere
was no significant difference in th e mental, social and emotional growth

4SeE! n ote 2 2. With millio n;; of ont -of-;;choo l yo uth (OSY) a nd ad ults a!'; targe t hM t>ficia r-
ies, t he Depart men t. of Educat.ion, Lhrough the Bureau of Non- Formal E d uca tion (Bl:\ F E), hat~
developed program~; for their benefit, among which are:

(lj NFE Mohile Ute,·ocy Program. ·- Th1~ m mmunity will have a ch ance to share their
idle learning resources 11nd m ake these ca~;ily acei.!Ssible to the 'targeted OSY or adults. (2)
Family !Jiteracy Program . - Thi;; program will ensure the maximum participation of a ll hy

tapping t he s mallest unit of society in stemming illite racy . Literate member s of the fami ly
will be utilized to h elp the illitera te and sem i-illit erate me mbers of the fami ly itself. This
may extend to fam ilies h elping t h e liter acy and basic ed u cation needs of tho n eigh bor ing
family or families: (3) Home Ba8e Literac.v Program. - Th is program aims t o extend the
gains obtained through the N FE Mobile P rogram by enjoining the NFE Mohile Program

learners to practice and share what they havE! learned by teaching othe r illiterate mem bers

of the community in their homes or through inter-vis ita tion to conduct homestudy group.
(Undersec. Bar to lome S. Carnl~, Bducators Speak, Manila Bulletin, F eb. 11, 2001 , p . 114 .}

Sec. 2 ART. XTV.- EDUCATION. SCIEXC:E A.'\D TECHNOLOGY, 433
AHTS. CTLTURE A:\'D SPilHTS
Ed ucati,-,;-,

and development between ;,:enm and six-year-old children. It is claimed
that delaying a .six-year-old child from entering grade one until he or she is
seven is a waste of time and impedes intellectual development.

Due to the current knowledge explosion bruught about by technological
and scientific advances. t0day's growing childr~n. particula1•ly those aged
one to 10, have been found much more mentally .ci:t-rt and active than their
counterparts 10 to 20 years ago. It is cxpecteci that future children will
turn out more advanced - mentally, socially. 3.~d emotionally - than
their counterparts today.

(4) Values educati.)n (ramework. - In line -.,·:::-: the new thrust in
education, a revie\\- of the \'alue eomponent of tht- -i: :·•·.:-rent educational
programs is being undertaken to draw up a values t-ciu.:ation framework
which .shall serw as a guide for evolving a value dt-·.-.;- lnpment system
program of the Department of Education (DepEd;_; T!lt- integration of
value.s education aims to produce citizens imbued v.ith app:.:•priate social
value.s a:-:; a ~trong moral foundation. Among the values 1!1c:'.1ded in the
frammvork are truth. harmony with nature, love, spirituality. p!'•)tection of
rights. social responsibility. patriotism, nationalism, and econom1c .:-tliciency.

i 5 l Parents education program. - This program designf'd !(• make
parents play a more important role in boosting the educational w~::fare of
their own children was initially implemented nationwide starting sch.:ool
year 1987-1988 in depressed, disadvantaged, and underscrved £DDt"· C•)m-
munities. Specifically, the program will: (al enable parents acquire appro-
priate abilities and skills in preparing their children for schooling and
guiding them in their school work; (b) help parents gain a greater measure
of competence and security in dealing psychologically, emotionally and
pedagogically with their enrolled children; and (c) dewlop and appreciate
desirable family values such as loving, caring, and sharing, among others.

The program is based on the concept that pupils' academic achievement
level can be raised if parents undertake necessary supportive activities to
augment the teachers' functions toward the children. Parental supportive
activities may come in the form of parents encouraging more diligent study
by their children, nurturing their children·:'> curiosity, creativity and self-
confidence, and helping their children understand that optional learning
can be achieved only through intellectual and moral integrity coupled with
hard work and commitment, and participating in school classroom work.
The program will be bolstered by the development of instructional materi-
als for slow, average and fast learning pupils for remediation, l'einforce-
ment and enrichment h{ learning. It also calls for the revitalization of
homeroom parent-teachers associations (PT,A) where teachers and mentors
jointly discuss academic-, social, emotional and pedagogical problems of
pupils and initiate necessary remedial measures.

5Thc new official name. by ,·irtu,; of R..--\. Xo. !:H:=i5 Aug. 10. 20011; formerly Department
of Education, Culture and Sports •DECS .

434 TEXTBOOK ON THE PHILIPPINE CONST1TUTION Sec. 2

'61 Educational development projects. - The Educational Development
Decree6 orders the undertaking of educational development projects, such as
the establishment and/or upgrading of technical institute.s, skills training
centers, and other non-fonnal training programs for out··of-school youths and
the unemployed, to solve the problems of unemployment and underempli>y-
ment.

(7) National Secondary Assessment Test I National El~mentar.y Admis-
sion Test/National Diagnostic Examination.- Under Presidential Decree
No. 146, all high school graduates were required to pass a national college
entrance examination (NCEE), as a prerequisite for admission to any post·
secondary academic or professional degree program requiring four (4) years
study in any private or public institution of higher learning. The NCEE
was designed to identify an individual's potential to perform college work
and to improve the quality of secondar; and higher education.7 With the
NCEE, only students found mentally equipped were aHowed to enroll in
four-year degree courses.8 As a counterpart of the NCEE, the National-
Technical Vocational Entrance Examination (NTVEE) aimed to guide high
school graduates on what particular field of vocational and technkal course
to pursue.

The NCEE was replaced (starting school year 1993-1994) by a new
program called the National Secondary Assessment Test (NSAT) covering
at least five (5) areas -English, Mathematics, Civic~, Science and Tech-
nology, and Aptitude. The NSAT seeks to determine and analyze the
variations in the level of achievement and aptitude of graduating (4th
year) students in private and public schools. Unlike the NCEE, the NSAT
does not have any cut-off score. The result of the student's NSAT is
integrated into his grade print average IGPA) to determine his final rating.
A student is free to enroll regardless ofhis NSAT reRult or final rating. The
NSAT as well as the National Elementary Admission Test (NEAT> fer
Grade 6 pupils, serve as achievement tests to determine if the students and
their schools are performing well so that the DECS will know what kind of
assistance can be given.9 Any government or private tertiary school may
still conduct its own college admission test to select its own enrollees.

6Presidential Decree No. 6-A. Sec. 2, as amended by Pt•N;. Decree No. 162.
'According to the then DECS (now OepEdl, the NCEE has improved tht> quality of
students entering tertiary education. In short, it has reduced tht~ drop-outs in l~ollege.
8R.A. No. 7731 (June 2, 1994) repealed Pres. Decree No. 146 which required the NCEE, on
the ground that it punisht>s the studeuts for the fuilure of the school to m>tk11 them learn and of
the DECS to strictly supervise and monitor the schuol. It is clajmed to he disad"antageous to
rural students who do not get the same cxpo!lure as urban and Metro Manila high school
students (who score higher than those from other regions) to mass media and current affairs and
is con~equently oppressive. The National Elementary A-;scs;;mtmt Test (NEATJ and NSAT were
introduced after the NCEE had heen assailed, in media particularly as an unjust system of
student evaluation. With these two innovations, there is a change in the nature of the tests from
testing aptitudes for learning to testing what one has learned in school.
~Both NEAT and NSAT are designed to measure not only the academic achievement of
elementary and high !School students but also the instructional competencies of their t~achers,
and the supervisory skills of the principals. They cover four (4) subjel~t areas: .J<'ilipino, English,
Social Studies, and Science and Mathematics. Beginning March, 2001, they were made a

Sec. 2 ART. XIV. - Em::C.UIOX, SCII<~NCE AXD TECHNOLOGY. 435
ARTS. Cl"LTGRE AND SPORTS
Education

The DepEd has announced its plan to replace beginning ~chool year
2002-2003 the NEAT and the ~SAT with the ~ational Diagnostic Exami-
nation to improve basic education in the country. Initially, the aptitude
tests would be administered in randomly-selected public and priva:(~ el-
ementary and secondary schools in the DepEd·~ regions composed of ;=(•me
150 city and provincial schools division to be given instead to Grade III

pupils and second year high school students. According to the DepEd. : !-.t.-
two examinations merely ~ecure statistical data un the academic perfor:::-
ance of gt·aduating school child1en in the basic education program. Sir.c.:

these children are already (Ompleting their elementary or secondary ec·..;.-
cation course, "there i~ r.o more time left for their teachers to provide ti-.t."
low achieving students wit~ necessary academic assistance."

(8) Study· nou·-pay later plan. - Presidential Decree No. 932 (Educa-
tional Assistance Act of 1976.; further "democratizes acce~s to educatjon by
providing opportunities to deserving citizens to pursue r1igher education
and training in the fields of study vita] to the development of the national
economy" by establishing an educational assistance program more com-
monly known as the study now-pay later plan (SNPLPJ and specifying
various schemes for its implementation. The plan helps poor but intelligent
high school graduates pursue college education through loans granted by
government-lending institutions. They will pay back their loans when
gainfully employed after graduation.

(9) Accelerated Learning Program for Elementary Schools. - Under
this program <ALPES), public elementary school children are promoted to
the next higher grade if they pass the ALPES examination showing that
they are too intelligent to remain in their respective grade levels. The
prog1·am serves as an incentive to grade school children to excel in their
academic subjects so they would work harder in their studies.

(10) Secondary Education Development Program. - This program
(SEDP) developed a new high school curriculum to upgrade 5econdary
education, considered as the weakest link in the school system. The SEDP
aims to strengthen the students' preparation for work or coll.;oge education.
This program was implemented nationwide beginning school year 1989-
1990. The New Secondary Education Curriculum r:\SEC is a major compo-
nent of the program. The new curriculum which i;; cognitive-affective-
manipulative-based, consists of eight (8) subject areas- English, Filipino,
Social Studies, Physical Education/Health/Music· PEH.:\Ii, Technology and
Home Economics, Values Education, Science. and :\1athernatics - pro-

prert>quisit.e for graduation in public and pr!vat~ elt:>mt>:-.t;-.ry and secondary schools regardless of
whether t.h~ graduating students pass or not the ach:~n·m.:-nt. examinations. Each of them will

be issued a certificate of rating. Both te-,u are categori.z<:d as separate subjects included in the
computation of the final grades of the graduating student.•. The NEAT score is given a weight of

1!9 and the NSAT, 115 of the general average. The tests are administered nationwide by the
~ational Educational Testing and Research Center 'XETRCJ.

TRXTBOOK ON THE PHILIPPINE CONSTITUTION s.~c . 2

grammed in a 40-m illUte daily schedule instead of the current one hour-
:!-trice-weekly schedule .1u

In line with the DECS' (now DepEd) bilingual education policy, Math-
ematics, E nglish, Science and Technology, and Home Economics are taught
in Engliflh while Fili pino is the madiu m of instruction for Social Studies ,
Filipino, Values Education, and PER~ . The new curriculum provides more
application of studc:nts' theoretical knowledge gained from the different
disciplines, more maximum use of local resources, more work experiences,
more advanced learning contents in terms of concepts, skills and values.

( 11) Family plann ing. -This subject has been integrated in the curricula
as a preraquisite to graduation for collegiate students, with those taking
medical and paramedical courses being required to take the subject in the

'''The re is a Secondary Education Develop m£<nt and Improvement ProjP.ct (SEDIPJ which

is designed to improve equitable !\('cess to quality secon dary educntion in po verty afl'ected
area~; wh ere student.-; are at risk ofdropping out from the school system. 1t is a seven (7) year
project heing implemcntud in the 26 poorf!!';l province~ of the country. Tho proj€'ct whi ch

started in 2000 is financed by the Asian DcvEc>lopml.'nt Bank IADHI, the Japan Bank for

Tnt.ernational Cooperative (J BJC), and the Philippine Government.

A secondary education program called "Cooperative Work Curriculum" was introdu..:ed

during martial Jaw. (see Keynote address of Sec. J .C. Manuel beforE! thP. Coord\nating

Council of Private EducCilion Association !COCfJPEAl conference in Baguio, March 31,
1975.) It calls for high school students in urb;m areaR to undergo on-the-job traini ng in

factories, !!hops and otliceA, nnd in rural areas to undertake farm works. This program is in
line with the ohjedive to eq uip high school studen~s with more practical skill;; needed in

industry or agriculture to enable them to ge t employment even before the ir graduation.

Tho f>epl'lrtmcnt has implemented a uw ork-oriented" elementary and high school cur-

riculum . I Dept. Order No. 6. s. 1973.) The main featu re of the revised secondary curricul um
ifl that more practical art!\ and voca t icmal r.:ou rses are offen•d to the studonls from first year
to the fourth year. Th is emphasi,; on work activities in the educational procc~!<:> is particularly

relevant in the Philippin e context in view of our people's colonial conditioning agains t

manual labor which ha:; been, it is no exaggeration to say, a major deterrent to nation·
building. Dy making wrricctlar offerings relevant to local needs, the educational system can

contribute tCJ Hconomic development. Fo r instance, in agricultural communities, the curric u-

lum s hould give stress to .agrinliture, in fishing communities, to fishery curriculum, and in
indu::;trial and commercial communitie~. appropriate cour~es 3hould he otTt~red to prepare the
youth for active' participation in the commercial and industrial enterprises. The students
were grilded based on their performance a nd paid the rate~ of trainees.

The new curriculum replaced the 19'13 Revis~d Secondary Education Cu rriculum which
had been found by educaticm experts a s wanting in equity, efficiency, quality, and relevance.

The return of Gradt• Vll in the elementary grades and the lengthening of the .~eco11dary

course to fwe (5 }years was proposed {by Dr. Vitaliano Bernard ino, form er Undersecretary of
Education, and Dr. Antonio Isidro, first Mindanao State Cniversity President) to rai:so the
quality of olementary and high school graduates. Incic!entally;a law \R.A. No. 569.) passed
by the old Congress specifics that the seventh grade may be restored only if resources fife
available. Financial constraints and the additional educational costs to parents will be the
obstacl'' to the restoration of the seventh grade and the adoption of a five-year secondary
curriculum . The DECS has recommended another year for high :>chool.

I nstead of merely prolonging tho time of schooling. it will be more practical to ulle the
addition al cost to improve the quality of teachers and upgrade educational facilities, e~pe·
cially in t.he first six (6) grades, with emphasi~; on the teaching of useful language skills, bas ic
mathema t.ics, science, and civics by better trair.ed and better paid teachers. With we ll-
equipped schools, we can then consider adopting more thlln a lO·year pre-college curriculum
as in other countries like the United States, Germany and Japan whP.re quality education is
obt ai ned in 12 years of pre-college education.

Snt.:. 2 ART. XIV. - EDUCATION, SCIENCE AXD TECHNOLOGY, 437
ARTS, CTLTURE AND SPURTS
Education

regular manner.U The inclusion of famil y planning as a new J:>ubject i:-> aimed
at making our citizens appreciate the importance of controlling population
growth.

(12) Program for decentralized educational d._,,·elnpment. - This program
(PRODED) ofDECS with it~ massive teacher retra :ning courHes is designed to
upgrade the quality of elementary education and :!"!"lprove the availability of
educational services among deprived regions ofthf country. A body, known as
Proded Project Management Committee (PPMC , pnmarily assists the vari-
ous DECS regions in id ~ r:.tif~ing educational pro::<~,m~. at the same time
defining and instituting appropriate action prog-ra;;:: ~ . ,;nd later assisting in
generating the required r-.?:;.vurces for such program,:

As part of the implen::~ntation of the program. the: DECS hM formulated a
new elementary schr,t}i c;:. "'1':-~!..i!um (NESCl which is intrc·<:L.:-.:-d grade by grade.
A return-to-basic-5chem.:. : ~ ;;tarted with the 1983 school~·<:,:;:-. Generally, the
NESC is an outcome-<Jner.tM and not a subject-oriented cuiT".cuium. its focus
being on learning. not ;;ub:fft~. It has the three "R''s a;;: it.-: C"::·rt- of learning:
reading, writing. and 'ritn:r.etic: Operationally, in the primar;• ;.;.\·t- i Gr::~de~ 1
to 4.1, the ~"ESC \\ill have only four (from nine) subject area:;. wf;.;.::h are
English, Filipino, ::\latht:m3:ics. and Civics and Culture. This last ;;:.~~\j oect
incorporates history. g(-0F;!"3phy. society and government and i:; aimt-c " '
making pupils nationalistic. The number of s ubject a reas is reduced to ;;ix 6
in the intermediate leYel Grades 5 and 6.). The scheme is premised on the
belief that a child who master~ the basic subjects will find no difficulty in
learning the other subject:;; in the higher grades.1~

(13) Youth Entrepreneurship and Cooperatives in School. - This program
(YECS), implemented by DECS init.ially in 21 public high schools in various
parts of the country in cooperation with other government agencies is de-
signed to promote entrepreneurship and cooperativism among public and
private high schools by developing and cultivating in the youth the value of
cooperativism and spirit of teamwork through the formation of small enter-
prises. The program's long-range goa l is to help alleviate poverty and encour-
age economic growth in the countryside.

.(14) Effective and Affordable Secondary Education. - Project EASE is
currently being piloted in one public high school in each of the DECS 16 re-
gions. Implemented by the Bureau of Secondary Education, it is a home-based

"See Bureau of Private Scl}ools Memo. No. 76, s. 1972: Letter of Instructions No. 47,
dated Dec. R, 1972.

' 2A fundamental challenge to Philippine education is the str~ngtheni ng of elementary
education, ~s p ec ially communication skills, which can suppo rt hi gher skill ~ demanded by the

new informati on age. If the skill;; devdoped on t he elementary le\'el arc wea k , th e rest of th e

educational system will have to stand on a precariou s base indt'ed. The government sh ould

give priority to the need t o upgTade the quality of elementary education, with particular
emphasis on equal opportunities for the needy and di sad\·a nt~gcd sectors. Elementary

education, after all, is the bas is for secondary and higher education and as basis of furth er
training of those who ultimate ly drop out of ;;chool. High :>chool graduates s hould be pre-

pared l.o cope with college curri cul um and those who complet e their degree programs should

be certain of passi ng their boar d or bar examinations.

43R TF.XTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 2

a lternative learning system which primarily seeks to prevent student drop-
out and ultimately strengthen the holding power of high schools. Project ben-
eficiaries are high school students who are fully or partially employed, who
have to leave school for some time due to a job opportunity, who live in areas
inaccessible to regular public.: transportation, who have travel problems due to
physical disability, who are overaged and uncomf(Jrtable with younger class-
mates, who are manied or have children and have to stay at home most of the
time, who are needed in the farm or at home during planting and harvest
seasons, or who have personal or fam ily problems that cause them to leave
school.

Many students who fall in any or several of the foregoing conditions are
potential schoolleavers and they have to be helped so they will stay put in
school. A student covered by Project EASE enters into a contract with his
school principal stipulating that he will continue studying at home. The
contract specifies how long the horne study will be, what lessons to study, what
outputs are expected, and where to get assistance to accomplish his learning
tasks. An EASE student stays in the program for as Long as necessary. He is
free to return to his regular clas ses anytime he can .

(15) Non-formal Education Accreditation and Equivalency. - The main
component of this program (NFE A and E) is a novel non-forma l education

curriculum which covers three (:·n levels of training. The first is basic literacy

and the second is the equivalent of an elementary education. The third and
most sophisticated level will give the students the competence comparable to
graduates of secondary educa.t ion.

The most important feature ofthe program is "flexibility." "The traditional
barriers of time, accessibility and resources are overcome without sacrificing
the quality of the educational process."

A pool 0f experts crafted the NFE A and E System based on specific
Philippine neerls and internationally-accepted methodologies in conducting
non-formal education.

The NFE programs have been expanded to include Filipinos 15 years old
and above who are out-of-school youth (OSY) and adults , functional illiterates,
unemployed OSY and adults, elementary and secondary school drop-outs,
industry-based workers, and members of cultural communities.

With the NFE A and E Sy1:1t.em , the non-formal education program of the
national government is expected to make a dramatic gain in educating illiter-
ates in the country. The DECS started pilot-testing the program in January,
1999 in Metro Manila.

(16) Other reforms, programs, and measures. - The Department of Edu-
cation, Culture and Sports has also institutionalized the following reforms all
aimed to improve the quality of education: lengthening school calendar from
200 to 220 school days,13 re-introducing science a s a subject in Grades 1, 2, and

>aR.A. No. 7797 (Aug. 25, 1994).

Sec. 2 ART. XIV.·-· EDU CATIO ~. S CIENCE AXD TECHNOLOGY, 439
AHTS. CT LTURB AND SPOHTS

Educ11tion

3, increa sing the contact hour" for English, Science, and Mathematics in the
elementary grades, allowing a dditional contact hours for English, ~Iathemat­
ics, a nd Natural Science in .'3rd a nd 4th years in high school, introducing the
National Elementary Assessment Test or NEAT. impleme nting the rationali-
zation of the State Tertiary Sy5tem, and liberalizing tuition fee policies for
private schools.

Under the new 2002 Ba:;ic Education Curriculum (BEC), the following
subjects were scrapped fr om the elementary and hig h school curriculum and
integrated into one learning a rea called "Makabayan .'' Among these subjects
are Social Studies, Technology. Home Economics and Pract ical Arts, Music.
Arts, Physical Education and Health, Geography, History, Civics, Culture and
Values Education. ~Ba.:0ic tool subjects" like English. ~1ath, Science and Fili-
pino are given an hour each in every seven-hour school day. The human
development courses under ~~!akabayan" are given three hours daily. "Under
the new curriculum. there are fi ve (5) learning areas: Engli:>h, Filipino, Math,
Science a nd I\lakabayan . The books will still be the same:·:• (see Sees. 2[5],
5l4J.)

••The Schon/ Hea lth and .\';.. ;rwon Program looks a fter t he heahh needs of !'chool

children and t eachers. The Sprc•ai F.ducatian Program handles the edu cational nC!eds of
physically an d mentally handicapp~d and gifl.ed children. To address the chronic inadequacy
of supply of textbooks in the coun tr,,··~ public school ~;ystem, lt.A. No. 8047 c.June 7, 19% l
grante d incentives to the book publis hing industry, di.~mantling the government monopoly I{>

textbook publishing.

'fhe DepEd has implemented nationwide r:t.artir.g school year 2004-2005 its AC'credit;; ·
tion Program for Public Elementa ry Schools (APPI!:8} as a voluntary Haluation ~y;;t +~.
designed to empower all public e leme ntary !>chools to strive for excelle nce through eni:.:~.: ­
~ned self-evaluation based on cer tain agree ri standards of excell en ce of thei r :;cren.:t!';: .'.~. :.
weaknesses and consequently, improve t heir delivery of basic educa tion in the C•:::-.rr.·;::~::E-;
wh ere they are locat ed. La;;t May 24, 2004, half of t he 1.4 million schM I grade;.:.;; ·.-·:-. ·~ :-.ad
taken th e High School RE>adines!l Test CH SRT1 fa iled to meet the c11t.·off ;c., ~ .; ·:: 3•:·>: . The
DepEd proposes to have a "bridge progra m" where a ll t h o!:'e who fa il~:l ·..;.·.:·~:~ ~ able to

over come t h eir deficiencieE- t>specially in English, Science;;, 11nd Ma t h :·:··..:.:;-7;;. addmg an·

other year to the 10 years of preparation for college. Because nf th.- r <-;;:;;:anc.:: of a minority,

the DepEd finally decided to make it !S implementation opt.ion<•l in '.2·)•j 4 and to fully imple-
ment t he program in 2005 when over yone had undt~r!'tood its ad,·a nrages. This "bridging"
plan, however, generated much cootrov~::rsy.

Subsequently, on June 29,2004, th!i DepEd conduned a :"ational Diagnostic Test lNDTl
fo r a ll public elementat·y .school GrudP. 4 pupils and a ~ationa! AchiP.vement Test (NAT) for
all public h igh school third year s tuden t:; througho ut (}l~ country. The NDT is designed to

provide information in t.he learni ng compett'nciE·s ir, l.:ngli;;h, Science, and Mathematics in

Grade 3 a mong the newly enrolled Grade 4 children, while the NAT seeks to assess the
competencic;; in the 1;ame three (3) tool s ubjects in second yeAr ~tmong tbe recen tly enrolled

third yea r stud•mtJ>. Bot.h testi! a"tso int end t o monitor t h e in stitutional performa nce of public
elementary and s•~co ndary schools , which in some ways, will also n ;flect th e instructional
capabilities of teacher!; and supervisory skills of school principals.

The DepEcl principals h:B adopted, starting Rchool year 2004·2005 . the "performance-
based grading .;;y~tlO>m" PEGS' in pllblic E"lemt>ntary and high schools in line with the
continuous endeavor to upgrade the qna lity of the sturl~:>.nt;; ' 3cadem1r achievementR in five
i5} eubjocts or learning areas of th l! rt>:<tructurt>d ba:<i~.: t!ducllt ion curriculum (BECJ. The

guide lines to implement tht> PBGS preH·rihe that the lc.we..;: g-radE' or minimum performance
standa rd is 75'ii: and tht> lowes t f<Hling grad., that may ~ppear in a st udents' report card is
65%. The use of transmutation t ab le in th~:: computation of grades is banned.

440 TEXTBOOK ON TH r: l'H l l.II'I'INE CONSTITUTION 8l'C. 2

System of a free public education to
be established and maintained .

Under the 197.1 Constitution , th~ State was required to "maintain a
;.ystem of fn~e public elementary education and, in areas where finances
permit, establish and maintain a ~y~tem of free public education at least up
to the seco ndary level." 1r, The phrase -where fina nce:-; permit" is deleted in
the new proYision. Actually, the phra:;e is superfluous for the goal can be
realized only as far as the financial condition of the government permits.
Nevertheless, the explicit mandat£> for a free edutation up to high school is
provided to emphasize the importance of giving the citizens free education. 16

To the criticism that the guarantee might he merely raising false hopes
due t o the financial problems then faced by the country, it was made clear
that the provision does not contemplate automatic granting 0f free educa-
tion right after ratification of the Constitution . There is no definite timeta-
ble for i ts implementa tion. It will be implemented only after the national
budget sha ll have shifte d highest priority to education (see Sec. 5[41.) and
the fin ances of the government permit it. 'fh e provis ion on free high school
education is more a n expression of an objective or priority rather than an
immediate mandate. It stre:;;s(~s the duty of the government to provide such

free education at the earlitst possible time, not at its earliest conven-
ience Y (see Art. XVITI. Sec. 20. I

The government s upports highN education through a system of state
universities and colleg-es, the biggest of which is the University of the
Philippines.

Compulsory elementary education
for all children of school age.

The explicit provision for compul.:;:m·y elementary education (Sec. 2["2).)
seeks to address th e social problems. such as illiteracy and child l abor,

1sA rticle XV. Seclion su·,·i thereof.

'"Stat istics on school d r op-ou t!' ,lisclose th at o u t of every 100 p u pils a d mi lted in Gra de 1,
only 65 finif!h Grade 6 . Of t.h~<!'<e numhes'. nine ' 9 ' never at.te mpt to ent.er h igh ;;chn<Jl. Of the 56
who ent..s· high ;;chn()l. only about 42 fin i>:h thHt level. th{-1 other 1:3 dropping out for variou.!l
•·r.asons. Studie.; show that. it. takes at. ](:'1\~t a :;c•cond year hi~h school education for a student to
know ho w to study by hi m!>el f. A studen t wh o go<":; only u p t.o thl' fourth grade of the elementnry
level has virtually no chan(:e of retaining what he· ha~ learned in school. much less applying it for
everyday usc. "The implic11t ioro i;; disturbing - morl' than half a m ill ion gr ade school p u pils wiU
not be abl(! to ret ain a mi tt ppt~· rlw s k ills of r('ad ing, writi ng. and calculating in their lifetimes.
Thi~ wasta~fl of nece;;;:::ary s kills anti thE· impa1•·nwnt c.1f ~·uturH. manpower is most appalling
especiall y at a time when W(' h:1ve tfl maximize <'Very \·ita l resom·cc avaihtble." !Sen. E. Angara.
Manila Bullt!tin. April 19 , l!16S. • Out of 100 children sta rting in Grad r. I, o nly 69 ae-e able to
becom e el e m~nt.ar.v graduni~s, or 3!'f clrnp· (ll.lt ti)l· vari <nJ !:' reasons, not h ecau~;" of intell ectual
in<.:apacit_v hut. principall y d uet,) f!Conom ic refl~nn.;. <Unde rsu<:. Bartolome S. Carale, "Educators
S-peak ," !\1anila l:{ullet in. FP.b. l l. 2001 . p. l l..i

"'T'hA sys tem o f free p ubl ic h igh ~<chool Pduc-ation is provi!;fed in KA. No. 6655, the Free
Public S econdary Education Act of 1988. Fotarting .June, 19~H for gradu'ltes of elementary public
schools. St~hool organization ff'P-;;, puhli (:tnions, texthouk:~, workho<Jks and ot.her imtructional
material~ . idP.ntificat.i on cards, ursil(•rms. nnd .:ontribut.ions to the Bo.v Scouts, Girl Scouts,
.Junior Red Cross , and Ant i-T . R. fund campnigroiln:' not covered by th e program.

Sec. 2 Al\T. XIV. - · ED UCATION, SCIE:\CE AXD TECHNOLOGY, 441
ARTS. CUL TU RE AXD SPORTS

Educat ion

prostitut ion and crime, spawned by the Jack of a similar provision in the
1985 a nd 1!l/3 Constitutions.. It is noted that tens of thousands of children
of school age labor in ;:;weat ~hops or peddle on :'treets with no basic reading
and writing ,:;kill:;. lrre.~ponsib]a parents force their chi ldren of school age
to work without haYing gone through elementary schooling. Many such
chiJdrcm have been ea~y pre~· of ha d element5 engaged in prostitution and
othe r criminal acti\·itie:>. Compulsory elementary education is expected to
further reduce the country·5 illi teracy rate and at t he sam e time minimize
these socia l ilJs that arise fr om ignorance.

Congress may, by law. impose penalties 011 pa~.:-nts who refuse to send
their children to school without justifiable or legal 2TOnnds .

Natural right and duty of parents

to rear their children.

The compulsory requirement yields to the natura: ri ght of parents to

rear their children. (Sec. 2l2J.> Since the parent~ are rt-:; ponsible for their

children's existence, they are a ls o responsible for their children's need to
Jive a dec-ent and useful huma n life. They do not fu lfill their duty simply b;·
feeding, clothing, and shelt ering t he child; they m us t also :;;:e to it that the
child, when grown, can take hi s pla ce as a useful member of 5ociety. since
society is natural to man. Therefore, they must teach him the means
n eeded for life in common with others. Our interest h ere is only on educa-
tion during the formative period of a child's life and education for the
common duties of a human life.

By the natural law , parents have the duty to educate their children. fr:c
this be longs to the primary end of marriage . But one ca nnot haYe a c:::y
without the right to fulfill t hat duty. Therefore, by t he natur al law . pare ~:s
have the right to educate the ir childre n. (see Art . II. Sec. 1:?. Pa:-t-~ts . by
virt ue of their being such. are in fact the first and mo::t i ~p·.·rtant educa-
tors of their children. in hu man as well as in ~piritu al ~a~ :ers. In values
forma tion, the role of the fam ily or the !lomE' :s t- ·:en :;:ronger than the
educational system.

Right of the State to a sufficiently
educated citizenry.

The State also has the right to a sufficiently educate d citizenry. But it has
no right to interfere in what.strictly belongs tQ the family. It has, however, the

righ t a nd the duty t o compeTpai.·erits -to ·fulfill their duty in educating their

children . This is called a secondar)' or supplementary right a nd duty because
it is valid only when the parents themselveR fai] in their duty.

The State can compel parents to feed their children if they neglect to do
so, but it has no right to in te rfere when their pare nts discharge their
obligation satisfactorily. The same is true in the matter of education. The
State's right is not so much to do the work of education as to see that it is

442 TEXTBOOK ON THE PHILIPPINE CONSTITUTI ON Sec. 2

done. In this function, it is not only protecting the child,18 but also the
higher social good. (see Art. XV, The Family. )

System of scholarship grants, etc., to be
established and maintained.

The benefits of education must also be extended to those who have less
in life. Thus, the State is required by the Constitution to establish and
maintain a system of scholarship grants, student loan programs (supra.),
subsidies and other incentives which shall be available to deserving stu-
dents in both public and private schools especially the underprivileged.
(Sec. 2[3].) "Deserving students" may belong to well-to-do families but the
underprivil eged must he given preferenee if they are also deserving.

Note that students in both public and private schools can avail c>f the
scholarship grants and other forms of incentives.

Non-formal, informal and indigenous learning
systems, etc., to be encouraged.

(1) Formal educational system. - Schools are the ordinary means of
education. The Philippine educational system is basically structured as
follows: a child enters the form al schooling syfltE.~m at the age of six (6)1»
where he goes t hrough a six-year elementary or primar y instruction fol-
lowed by a four-year secondary education, after which he can enter college
and study for four (4) or more years depending on the profession or course
of study pursued.

Formal education, oftentimes referred to as "schooling," does not refer
only to general education (elementary, secondary and college level) but also
to vocational/technical education, special education for the handicapped or
gifted children, and adult education programs.

(2) Non-formal, etc. learning systems. - · For some age groups or s pe-
cific groups of individuals and by reason of the peculiar conditions in some
areas of the country or surrounding their life particularly in depressed
communities, a departure from the formal or traditional methods of in-
struction might be warranted. The Constitution, recognizing this need, en-
joins the State to encourage non-formal, infonnal and indigenous learning
systems as well as self-learning, independent, and out-of-school study pro-
grams particularly those that r espond to community needs. (Sec. 2[4].) Th e
introduction of these new concepts in education will make learning accessible
to all people, including out-of-s~hool youth, the disaoled and adults.

While formal schooling is that which takes place within the four walls
of the classroom , with teachers and textbooks normally approved by the
Depart ment of Education, Culture and Sports, non-formal education refers

~~se<l Right and Reason, by Austin Fogothey, S.J., 3 rd ed., pp. 358·360.
'~Formerly seven ( 7\.

S()C. 2 ART. XTV.- 8llCC:\ T10~ , SCIENCJ:: .\~D TECH.:"OLOGY. 443
AHT:::. <.T LTURF~ A~() SPORTS
Education

to that which takes place in \\'(Jrkplaces, factories , shops and similar ven-
ues meant to upgrade skills nf workers or prm·ide new skills to youth and
adult!'!. Informal education. nn the other hand. refers to learning derived
fro m the home, the church . rna::::; media and other community institutions.
lnriigenou.s learning sysft!": • incl ude ways and methods within the indig-
enous cultural commun itif-:' s-ee Art. II, Sec . 22.' which are used in pre-
serving and building certain traditions within said communities, taking ir.to
account their needs wh ile ali<m ing for the influx of external cultural factors. <·.

( a) In recogniti~:.r• .:•f the importance of non-formal education as a
means of providin~ !E-~!"Ding t o the sector of the population who are not
in a position to a·.-~:: :hE-m c;elves of the faciliti es of formal education,
upgrading their nL:.::;..o.:.v.H ~kills for industry. and improving the lit-
eracy of the lar'-'~ r::..:~:.c-:: of the people, Presidential Decree No. 1139
create~ in tht- D.:-par:!T!c-nt of Education, Culture and Sports the position
of Undersecretar:: f·:.·!" ::\on-Formal Education with overall responsibility
for the non -Ion!lai ~ci,..:-a.ti~m program of the Department, and of coordi-
nating ,;imilar program:, ~.f other governmen t agencies and private institu-
tions to assure their dft'<:tiYe and int.egrated implementation.

The program relaxe:: ~tringcnt education policies through the sys-
tem of accreditation 11f the knowledge gained by a school drop-out
outside the formal school system who may be given a diploma or similar
recognition of proficienc!· in a given field after passing a validation
examination. Thus, it ser\'e:; as a means for expanding access to educa-
tional opportunities to citizen:> who are unable to avail of the services
and programs of form al e'<iuc-ation.

lb, Since it:-; launching in 1976, t he Distance Study System w::-s •or

Distance Learning System {DLSJof the Philippines has been deliveri:-aE'
education through the w:1e of mass media to people who are separate-d
from the main::tream of d evelopment by geographical condition~. ke;:-:
professionally :'tag:nant by the pressure of their jobs and family re~p.:::-,.
sibility, or handicapped by the high cost of living and by pny~:cal
disabilities. This educationa l innovation was conceived to me-e! !he
expanding educationBI needs nf our expanding population. particalary
out-of-school youth J.nd adults who have no access to formal :;chools,
thereby speeding up r'-lral dc,·clopment. It has wider reac!-. i!l a short
period of time_ and i~ econc•mically cost effect iYe .

In essence, cour~e:: art: p ro,·ided in the form of ::-el f-l earning mod-
ules, manuals, and other printed texts supp\em er.:e-d by radio and
television programs. Cour,:e~ are- al~o de~ign£-d to in.:iude group discus-
sions and face-to-face tUtcJrial con~u1tation~. Th~se direct learning ele-
ments take place in local distancf! :'t'..tdy CE-nters manned by local
instructional managers. In contrast to the- traditional system, this off-

10Thc ConCom and !:'Jon-Formal Education b\' Com florangel Rosario -Braid, Phil. Daily
Inq uirer, Sopt.. 29, 1986.

444 TEXTBOOK ON THE P HILIPPINE CO~STITGTJON Sec. 2

campus education which is a well-established and generally accepted
concept especially in the U.S., Europe and some parts of Asia is essen-
tially a home study facility where employed students, for instance, may
study without leaving their places of work; or parents may study with out
leaving their homes, and without their children being deprived of the care
and attention they deserve from them. It allows a student to enroll, for
example, in college level courses without regular classroom a ctivities but
earn credits or units just as in a ny traditional university or college.21

(c) Among the teaching-learning strategies included in the pa.rent
education program of the Depanment (supra.) are small group discus-
sions, role playing, film showing. lectur e-discussions, r elating of suc-
cess stories, and panel diseussions. The program is monitored by DECS
regional offices which are also encouraged to initiate and implement
relevant projects and activities to ensure success of the program.

(d) Under the literacy progra m (see supra.), measures to be imple-
mented to a rrest the rise of illiteracy in the country include the estab-
lishment of more multi-grade classes in remote rural communities,
putting up of outreach programs for youngsters, production of low-cost
indigenous instructional devices, improving the competence of teach-
ers, and assignment of attendance teacher.2:t

~1Ther~ are t.hree.< (3) kincls of di~;tnnc P. leaming, nam ely:
(1) Open Learning arnl Distance Edur.ntin?I (QL {DE). - They are alternati ve systems
of education. They emphasizl~ the openin g <•f opportunities by overcoming barriers t hat result
from geogr~tphical i !~ola tion, personal or work commitments, or conventional course Rt.ruc-
tureR which have ()ften preventl'd people from realizing their education goals. (2) Open
Learning (QL). - It is a philosophy ofleArning that is learner centered and flexible, enabling
learners to lea rn at tho time, place ond pace which sati ~;fy their circumstance!:l and require-
ments; and (3) Di.~ tun.ce Education rDE). - It is a mode of educational delivery whereby
teacher and learner are separated in time a nd space and instruction is delivered through
specially designed mnlerials and methods and supported by organizational and ad ministra-
tive structures and arrangement&.
"l'~Literacy ,·ate is the proportion of the population 10 years old and over who can read and
write simple mestlages in the dialect or any other language to t.he total target population. The
country's literacy as of.July, 1989, wa~ about 89.8%, a 7.1% increase over the literacy level in
1980 and 6.4% more than in 1970. The rate further increased to 93.54'.~ in 1990.
The 1990 Cent-us of Population and Housing showed that most of the peopl e in Metro
Manila ag~d 10 and over, read and write. Hence, the literacy rate in Metro Manila is highest
in the Philippines, 99.09'.~. H igh literacy •·ales are partly attributed to the number of schools
in an area and largely to the free secondary educa tion policy of the government.
Literacy in the other regionE !lhuwed various rates according to social and economic
development. The functionally literate or persons who are not only able to r ead and write but
also possess nu meracy and other skills needed in doing simple functions and interacting with
others in society comprise 73.6% or about three quarters of the 1989 population. This implies
that of the 89.8% literate people in tho country as of 1989, only 16.6% are not functionally
literate. (Mani la Bulletin, Oct. 22, 1990, p. 12. ) As of2000, the Philippines has, numerically,
2.8 million basic ilbterate;; and 11.7 million functional illiterates. Percentages wise , it has a
li tera<.'Y rate of 9S.9%. for simple li tera.cy :md 83.8% for functional literacy. (Undersec.
Bart olome S. Cara le, "Educators Speaks," Manila Bulletin, Feb. 11, 2001, p. 11.)
Note. that one may be basically literate !e.g., able to read and write) but functionally
illiterate (i.e, unable to understand tha meaning behind words and sentences). R.A. No. 7165

ART. XI\'. - EDUCATION , SClE~CF: A~J) TECHNOLOGY, 445
ARTS. CL'LTlJ.Rg A~D SPOKT!:;

Education

Training in civics, vocational efficiency
and other skills to be provided.

The State is directed by the Constitution tv provide training in civic:->,
vocational efficiency, and other skills to adult citizens, the disabled. and
out-of-school youth. 2:i (Sec. 2[5].) Unemployed adults and idle youth who do
not have skills, create problems in the social :;y:;tem and constitute an
impediment to national progress and development. The Constitution makes
it obligatory upon the State to provide the training referred to in the
provision to equip them \•.;th knowledge, skills. and attitudes necessary for
good citizenship and productive employment. AE an adjunct to such train-
ing, attention should also be focused on guidance and placement service s to
ensure that the right people are trained for the right jobs and after train-
ing, to assist them to be employed in the jobs they were trained for .

It would seem that the training should likewise be free. The govern-
ment, thru legislations, shall provide for the same with necessary appro-
priations.

SEC. 3. (1) All educational institutions shall include the
study ofthe Constitution as part of the curricula.

(Nov. 25, 1991) creates the Literacy Coordinating Council a nd defint!s its powers and

functions.

A new national definition offunctionullitcracy has been developed by the Lileracy Covr ·
di nating Council which necessitated a r evision of the de finition an d the competency paran,.
eters of the old UNESCO literacy levels. Functional literacy is now defined as a rang~ of sk!!:;

and competencies- cognitive, affective a nd behavioral - which enabks individu11J:.: tu
live and work as human persons; (2J develop th~ir potentials: •31 make critical und inf,.r ~- ·::

decisions; and (4) function effectively in .~ocie ty within the cvntcxt ofthflir envir•mm~:-:-:· ;.-:
that of the wider community in order tu improve the quality of their life and that 1,f ~ .·~ :~ : ·.

The Bureau of Non-Formal Bducation <BNJo'El, has also developed ne w com~·.: :~:.:_.

profiles for t hree !3) levels of litet'<u.:y built around the new defi nition of function<': · :~ · ~ ..
deRcri~ as follows: (1) Rasic literacy ll't•el - illitera te Je,·cl for t h ose who ha ,.c.- :-. ::-...- ~.:

skills and the first :>tep to basic, simple liter acy towards functional literacy: " 1 ::::. --' · · : ·-.

leod - semi-liter ate level for the reinforcement of basic rending, writing ,;:-.: -·--" · : ·:
skills to a self-sustaining (neolitei·atcl level; and (3) Senmdary level·- adt·q~.:: :,· ..- : ....:. ::-. : -:·

ally literate or self-learning level for continuing education . The B:VFE is r.en:;. ::-. ~: ? -:~.;.- ::·

Alternative Learning Sy.-tem (BALS). (i:::xec. Ordet· No. 356, Sept . 1:3. 2004
A higher level ofl ite racy has now become necessary if we co nsider tl-, ~ ., .<-: ~ •·· :-:::.1 ::0 :1

that flowR in to our hom es and offi ces as a result of the technological .;.: ·. :.~. ;c; :nat we
previously thought were unimaginable. The question to pcmder i~ h·. ·-. :c..o <-:iucational

system would prepare today's children a nd Y•luth to achiev~ the litt>rary :c·.-.-:; : h at would be

demanded in the future.
The Philippi nl;l<> is the most literate in the South East A~ia r,.~::;. :-.:ow with 95.9%

literacy ratings, it is also on<! of the poor£'st cou ntries in the regir,;-: . ·.• !":.en theoretically, high
literacy should tran~; l ate to hetttr economk performance. Thi ,; ~ h,,.,.., :·~at high literacy rate,
per se, is no assuran't> of a high level of economic dcvd opm~nt

23R.A. No. 7796 •.Aug. :.!5, 1994 1cr£'atc>~ the Technica! F: <h:-:a:tvn and Skills Dovelopment
Au t hori ty (TESDAI which ha~ been entru::tcd with th£- tz,;k C·i upgrading vocat.ional-techni-
Ctil t raining. The dual training ~:-~tern. a s c:nabli:;hecd ~n R..-1. :"'o. 7686 {Feb. 25, 1994 ) aims
to improve the skills ofvoc-tech students by pr oYiding them with on-the-job training in facto-

ries.

446 TEXTBOOK ON THE l'HI LII'PINE CONSTITUTION aSec:.

(2) They shall inculcate p a triotism and nationalism, foster
love of humanity, respect for human rights, appreciation of the
role of nationa l heroes in the historical d evelopment of the
country, teach the rig hts and duties of citizenship, strengthen
ethical and spiritual values, develop moral character and per-
sonal discipline, encourage critica l and creative t hinking,
broade n scientific and technological knowledge, and promote
vocational effic iency.

(3) At the option expressed in writing by the parents or
guardia ns, r eligion shall be allowed to be taught to their chil-
dren or wards in public elementary and high schools w i thin the
regular class hours by instructors designated or approved by
the religious a uthoritie s of the religion to whic h the children or
wards belong, without additionai cost to the Governme nt.

Study of Constitution to be part
of school curricula.

Section 3(1-)"requires that the study of the Constitution be made a part
of the curricula in all schools. This injunction will unqu estionably give a
great many Filipinos practical knowledge about their basic law. 1 Be fore,
knowledge of the Constitutio n among children and high school and college
students was neglibrible. The reason is t ha t the study of the Constitution
was not compulsory under the 1935 Charter.

The Constitution reflects the ho pe3 and dn~ams of the Filipino people
for a bet t er and stable future. It iE"- not a document that concerns the
government only because i t touches us all , affecting as it does the very life
and welfare of every citizen. By st udying its provis ions, our people will
become acquainted with the noble ideals and principles embo~ied therein.
They wlU understand the meaning and value of a fundamental law to the
lives, freedoms and aspirations of free men in a democratic soci ety such as
ours. They will become more a\•iare of their rights us well as of their duties
to one another, to the government, and to the nation as a whole.

There is not much need to belabor the point that by learning their basic
law; the people, pa rticula rly the yo ut h , will develop g rl:!ate r respect for
human rights, appreciate more their government and their role in nation-
building, a nd thus, become responsible and productive citizens.

Educational aims of schools.

The Constitution commands that all educational institutions shall aim
to:

·\ 1) inculcate patriot ism and nationali sm (see supra.>;

'A sophisticated know ledge of the Constitution can only ho ;H:quircd in a law school. It i;;
here where l'Very word in the organic law ia ~tudied aud a naly:r.ed for hidden meaning$.

Sec. 3 AR1'. XIV. - RDUCATION, SCIENCE A>."D TECHNOLOGY, 447
AR'rS, CULTURE AND SPtJR1'S
E ducation

(2) foster love of humanity, respect for human rights (see Preamble;
Art. II, Sec. 11; Art. Ill. ) and appreciation of the role of national heroes in
the historical development of our country;"

(3) teach the rights and duties of citizen::;hip 'seo Arts. Ill , IV.>;
(4) strengthen ethical and spiritual valu~s.: :

(5) develop moral character and personal dis-cipline;

(6) e..n. courage critical and creative thinking:
('i) broaden scientific and technological knowledge (infra.); and

.(8) promote vocational efficiency.4 (Sec. 3[ 2i.

Importance of v_alues education.

"An educational system that does not lay emphasis on the nation's
great past , on the lives and achievements of its heroes and martyrs or on
the forces that made its history unique, will necessarily turn out citizens
who have little self-confidence, who are disposed to be colonial-minded, and
who have very weak enthusiasm for labor of national reconstruction. Such
a citizenry accepts everything foreign without any critical e\·aluation.

An education that has very a little (ethical and] spiritual content will
not produce citizens who will sacrifice physical comforts and convenience

vrhe heroes of a country constitute its icons. its role models worthy of ~steo m and emulation.

W ~ should remember and honor with gratitude our heroes and heroin es who gave all for their

country without regard for self. Our heroes are not only those who h ave sacrificed their lives in

nHtrtyrdom ur in defense ofthe motherll\nd. They also include the les:; spectacular ligures whn i1:

their own ways have selflessly worked for the welfare and progress of the country through put.:::

sen·ice and privat<: endeavors. Today, our country needs heroes more than ever, especial!~· 1;, ~ ~­

erfl who Y.ill ~ubordinate self-interest.l~l t he common good and make us proud in the ey..., ·. :· :~..;

wor l d .

3Jn the face of c~:>rruption, violen ce an d other crimes pander ed to by television . :,. ~ . . : :;

·:and other mean~ of media. th•~re is ll t!P.d to put emphasis for the incu lcat ion and dE'•·..~-=-~

of traditional Fili pu:o ,·ah;e.;. ;;uch a;;. ve neration for elders, kataptllan (loyalty anc "· . ~-~ ;~ :­

ka11ipagari iindustnou~~ '· pa$kikipugkapL<'<L·tao fncighborliness ). pagtutt.:i:. •..:: -. ~. ,. ; ·-

fulness), pagbibiga-'·.gatar.g respecfu ln t!;;;! . bayonihan lvolunte~risnu. pa:,~··~ ;; ·: •.. •

(word of honor), delicade~a H ·:;;.,. ...f ?:-u priety1. etc.. to n~\'i,·e correct w•)rK ·.:~.. : ;~.:. ::j

moral values. If the Filipinc-o a:e :lt-~c:- r:mned tv !!\ak.:> our r ountry th~: -.~': ·;.·:·:~.:=.'c
\\';·mirac le" in Asia, we must firH pu: :·.: ~ :: . ·.: '" ::: ·: ~-=-;;~
~ '~~~ !(I ,. c up th ~·;;e - ;.~:;. : .. " :::-3.:t s

(e.g., lnck of discipline, crab me ::~.a;lt:: . · ~.~.::::: :·:z··-.·· !':':e~~ a!ny. '/;;~ ·;_,;.<:::~.· =·~::::-..:de :

w hJ.Ch a re stumhi'mg blo~ks to c.·.:: .,--:.·.::-.: ~·; ;~: ~;-•:; . ~-.::. d:~.<:l'fl prr:::-.::.;. :~ ;.~ ;;::;,ntve

traits that strengthen our moral fi~r :H ;. ;..::·: ; > :.:-..: ·.- ~ :~-~~ ~ :·r r. .:n; :· ~. -: _.. :.~-~

•Another fundamental challer.ge :.. :~.~ ;.:.::.:;.:·.::-.~: .;:. .;!>:!':': :-; -. "' -- ·-~: ~.:~.~ a proper

ba.lance between white-collar e!np!<>yee:< ~:: -~ ;:t.:::.. : -. ~·,o:....-,; ~c :.:- HH·~ ~ ~:.x-k: of the

country, thereby reducing the acut~ im"aTar:c-e ~~ -· ~:-. :::-:- :-. ·..:=-.~ ~ :· :: .. -;-?=graduates· and

th e num'ber the labor marke r can absorb. P..E- ~: : ~-; ~ : :·: ~ -:: : ~ -'· ·.· · ~ :.::-.: : . ~ :he go\·ernment ,

schools, 1111d industry in t.hreshin~ out c•J:::.=:: ~ ; : :·: :::-:-_, ::· .,..: ~ : ~ : .. :. a.:;d employment is

necessary to bridge the gap b~:tw c ~r. :::ar.;:·: ..-'i': ;;;:; : :. =~. : : +:::l :: :: There should be a

stronger vocational and technical curri cui·; ::-. :·:: ".:~': ,;:- ·.· . ;: ·.::~:-::s and greater emphasis

on work -oriented and applied cour:<e:< ir. cc!:e,<b :.::: ·..:~. : ·, ~:-,;:: : e; :': :essen the oversupply of

white-collar college graduates. a sttuatJ.:>:-. ·..-:::-::: :-.~; ;::~~ ·.·:.::f."C m the country since the

1970s, and to meet the demands of ir.ci"-;:~· ~.:~ S.l:::E-C !'::a:-:power and expertise in our

cuuntry and abroad. We must cha nnel e;ur pro;;pee!: ~e ccl!ege students towards courses

which are more useful to the attainment c,f our r:.at!onai development goals.

TEXTBOOK ON THF: PHI LIPPI NE CONSTITUTION Sec. 3

:··;,~ :=.utgs of the spirit, but, on the ot her hand, an education that is too
~ ;::;..tual will not e quip a man forth~ practi~.:al duties of a modern citizen.
3t:il worse is an education that merely prepares men and women for crafts
and vocations, for it will only turn out a nation of robots; worst yet is the
kind of education which neither gi\·e.s spiritual training n or vocational
preparation, for it is virtual dissipation of both money and time.

An ill-conceived and ill-administe red educational system can only pro-
duce ill-educated citizens; which is to say, citizens who lack character and
sense of civic responsibility, citizem who are opportunistic and devoid of a
sound sense of values, citizens who are m erely pleasure-loving land have
no personal discipline, a nd citizens who are incapable of critical a nd crea-
tive thinking], and of working hard. making sacrifices, [and finding lasting
solutions t o the numerous and grave problems confronting th e coun try]."5

The country's problems are not so much rela ted to economics but to how
well its citize ns r espond to the challenges of the fu ture a ccordi ng to their
will, intellect, and core values. Values education will ultimately bring
a bout much needed change in the work ethic and social values of Fil ipinos
- indispensable e lements in the co untry's purs uit of its development
goals. In short, t he task of edu~.:ational institutions should not just be
"information" and skills training but formation of worthwhile values, atti-
t udes, and habits necessary in the building of a united and ~trong society
towards international com petitiven{~ss .

Role of other sectors in the education
of the youth.

An analysis of"the constitutional provision discloses a very broad con-
ception of the role of schools in the education of the youth. This is not to
say, however, that the Constitution en trusts to the schools atone the
accomplishment of the educational objectives mentioned in the provis}on,
making the m supplant the family, the chu rch, the factory, and other social
institutions. To be sure, the moral upbringi ng and discipline of the youth is
s till the primary responsibility of the parents. Gnless they do their duties
on t hese 11.1atters, t he school is bound to accomplish very little , considering
that the child stays in it for only a small fraction of his life.

Even if schools put enough time a nd attention inculcating in the youth
love of country and lessons of citizenship, the results would be of little
practical va lue if t he p1·ivate a nd pu blic morality of govern me nt ofJl cials
a nd outstanding persons in the community is of a low order. 1; Likewise, the
development of scientific, technological, and vocational efficiency is hardly
attainable through school training alone. The school cannot do much with-
out the cooperation a n d support of the government itself as well as of
private business and industry.

~MThe Vital Functions of Government," by J.P. Laurel, taken from his book "Bread and
Freedom" (1953) pu blished in Manila Bulletin, Ma rch 15, 1988.

•see V.G. Sinco, op. cit., p. 480.

Sec. 4 AR'I' . X TV. -- E DUCATION. SCIE:-.;CE .-\.'\D TE CII.'\OLOG Y. 449
:\RTS, CUt/r()R E .-\.'\!) ~ l'uRTS

To:cltH:at tt.-:':

Optional religious instruction :n public elementary
·· and high schools to be allowed.

The Constitu t ion expressly or dains tlu~: ~~~igio u shall b(;' allO\H:d to be
tau ght in public elementary and high :"cl:: : ~ within the r egular d a ss
h ours subject to th e following conditions :

(1) The pare nts or guardia ns ex pre s ~:~ tht-: ~ ~~::i re in writing that t h t<ir
chitdren or wards be taught relig ion in schoo;~

(2) The instructors must be designated <=~ ..1;:; !"•l\·ed by the r eligious
a uthorities of the religion to which the childrtO-~ . ~ ·' :.rds belong; and

(3) No cost is in<.:urred by the gov ern m ent fo r ~.;.~- :t> a c hin g~ (Sec. 3[3 ).'
ot her than t hat in t:idental t o t he us e ofthe !;t'hn·< ~ ·..: : >.~ing.

As a conse quence of this p rovision. the proh ib~: : . :..~;ainst the use of
public money or pt·operty for the be n0f"it of any sE:-c-: .< :-:.~ :-. ::-. ,:titution, priest,
or teacher of r eligion tArt. VI. S ec . 29l2 ].) must bt: i·:·.,- :-:·.-:-: qualifi<~d by the
permjssion above granted.

"Optional r eligi ou s instruction in publi r ~ch ools ' ' .,;= i-= : ~-:-E.'d as a con-
stit u tjonal m a n date not so much fM th e benefic and su pp-. r: · ,· <1ny particu-
lar sect or system of religion ns for the develop mt:nt an ~c;:-~ ·.; :~(~;:1 !-";: (,-f t h P

spiritual standards and moral v a lueH of public sr h~)ol childr.;.:-. ·.,: :!--. t:-:..- L· :1d

in v~ew of producing straight-thi n king, moral!\· u pright. and , ; :.:-:·-.-,, !··.:·..:
9 ttz ens of the na tion.""

······•···

SEC. 4. (1) The State recognizes the complementary roles of
public and private institutions in th e educational system and
s hall exercise reasonable s upervision and reJ,rulation of a ll edu-
cational institutions.

(2) Educational institutions, other than those established
b y religious groups and mission hoards, shall be owned solely by
citizens of the Philippines or corporations or associations at
least sixty p er cen tum of the capital of which is owned by su ch
citizens. Th e Congress may, however, require increased Filipino
equity participation in all educational institutions.

The control and administration of educational institutions
shall b e vested in citizens of the Philippines .

7 In the Civil Cod~ ( Art :!!>9[11 th er~ r,f.). it is providl•d th at the government, in promoting
t h e full growth of (hi:! facul tic>: of c"·ery \"hild, IJ<lS to ~<stahl i.:;h, whenever p<J><sihlc, sc hools in

e ve ry barrio (bara.ng a.yj_. municipality and dty where optinna l religious inst.ruction shall be
taught. as part of th~ cu rriculum at the option of the paren t !)Y gua rdian. This provis ion is to
be inter prete d as m aking ~uch subject of rt!ligiou s i n~tr,tctil) n ulcct.iv" notwithsta nding that

it is rnade a part of the school cur riculum.
6Del. P .A. Ortior., S.J .. "Optional RE>Iigiou:; lnst rudiou ," iu C.R. Mont.t!jo, The 19i3

Con;;titut ion, p. 289, dti ng fcJr rn er Sec. of J ustice J ol:>e 1'. H ~;ngzon.

450 TEXTBOOK ON THE PH1LIPP£t-."E CONSTITUTION Sec. 4

..No educational institution shall be established exclusively
_for aliens and no group of aliens shall compdse more .than .QI!e-
third ofthe enrollment in any school. The provisions ofthis sub-

s~tio~sball not apply to schools established for foreign diplo-

matic personnel and their d ependents and, unless otherwise
provided by law, for other foreign temporary residents.

(3)· All revenues and assets of non-stock, non-profit educa-
tional institutions used actually, diredly, and exclusively for
educational purposes shall be exempt from taxes a nd duties.
Upon the dissolution or cessation of the corporate existence of
such institutions, their assets shall be disposed of in the manner
provided by law.

Proprietary e ducational institutions, including those coop-
eratively owned, may likewise be entitle d to such exemptions
subject to the limitations providedby law including restrictions
on dividends and provisions for reinvestment.

(4) Subject to conditions prescribed by law, all grants, en-
dowments, donations, or contributions used actually, directly,
and e xclusively for educational purposes shall be exempt from

tax.

Complementary roles of public and private
educational institutions recognized.

In the Philippine~. the great bulk of secondary and collegiate enrollment
is provided by a system of privately-owned colleges and uni versities. These
institutions also operate kindergarten and elementary schools throughout
the country. The private schools in the country may be classified into thrae
categories: the Catholic schools, the Protestant a nd other religious schools,
and the secular schools. 1

The private school system is contributing e normously to the education
of the masses of our people. It is h elping th e government raise the social,
economic, cultural, a nd moral standards of the citizens with almost no cost
to the State. Jt is precisely in r ealization of thi s fact that the State recog-
nizes the complementary roles of public and private educational institu-
tions. (Sec. 4[1]. )

With cost of providing for public education becoming more and more
prohibitive, the State, to lessen its financial load,· should strengthen the
private schools by providing them with increased basic assistance so that
they will assume an even larger share of the responsibility of educating the
youth of the land. It should create the necessary environment for their

1Private education presently accounts for about 691. of total enrollme nt in the elementory
level, 40'1f, in high school, and 85% in tortiary education. About 83% nf our population a re
Roman Catholic, 9o/c Protestant, and 8% Mus li m;;.

Sec. 4 ART. XIV. - EDUCATION, SCIENCE A.'.\"D TECH~OLOC:Y, 451
ARTS, CULTURE AND SPORTS
Educat ion

growth and development and aid them to achieve reasonable prvtitability
so that they can operate mort! effectively.2

State power over educational institutions.

~ate schools. - To ensure compliance with the educationai poli-

cies enunciated in the Constitution and existing laws, the Constitu::·m
provides that the State -shall exercise reasonabl E:! supervision and reg-..: :~­
tion of all educational institutions."3 Under thi=' provision, State pow.:-:
ov.er private schools is limited to one of''supervibWn.. and "re_g¥1#ion " on::.- .
·not of "control"4 which would be i,nconsistent with the guarantee of aca-
demic freedom !Sec. 5[21.) and the·natural and primary right and duty of
parents to educate their children. (see Art. II, Sec. 12.1

-_____......... The State may impose minimum requirement s and ·conditions upon

which schools may operate, prescribe the proper curriculum (to insure that
the content of teaching is in line with national goals J. fix library and
laboratory requirements, set standards for qualificat ion of teachers, pro-
hibit the teaching of injurious and subversive doctrines. and adopt punitive
measures against those that fail to meet its requirements in order to
ensure the accomplishment of constitutionally defined goals. But it is

without authority to control the policies of a private_ schqo~ _or to d'ireet i:.ne

maxi'ner in which it should be administered.

Government regulations in the field of private education must at all
times pass the due process test. It is not enough under this test that the
end be legitimate; the means adopted must also be 1·easonable. (Art. III,

S :.el.e) c
Public schools. - In its practical application, the provision has

r renee particularly to private schools inasmuch as _public schools are
obviously under State control. an authority far m ore extensive than mere
supervision and regulation .6 {see Art. VII, Sec. 17 .)

:lin view of the public charact er of ~:>ducation (see Art. HI, Sees. 1:-l, J 7; Art. XIV, Sees. l,

4Ll], 5[5]. ), State aid to private educati<1n will not violate the constitutional limitation that
public money may only be used ft)r public purpos•~. rsee Art. VJ, Sec. 29[ 1, 21.) Such aid is not
to be considered as intended to benefit directly private schools or any religion. R.A. :--.1o. 6728
(June HI, l989J provides for government assistance to students and teachers in private
education .

~R. A. No. 9155 (Aug. 10, 200 l J, the Governance of Basic Ed uca tion Act. renamed the
former Department of Education, Culture and Sports <DECS J ail the Departm ent of Educa-
t ion (DcpEdi . The Department c.ou<.en t r lltes on basic education (elem entary and secondary),
while the Commiss ion on Higher Education (CHED} created by R.A. No. 'j 122 •~Iay 13, 1994)
focuse~ on college and university le~;~.ming. with the Techn ical Educa t ion a nd Skills Develop·

m ent Authority (TESDAJ created by R.A. No . 7796 CAug. 25, 1994 •. attending to technical
and vocational skills training. R.A. No. 7662 (Dec. 23, 199:~! provides for reforms in legal

education, creating for this purpo:;e a Legal Education Board.
'See, however, Phil. A~;soci ation of Colleges and l:nin~r,;itie:; vs. Sec. of Education, 97

Phil. A06.

GNations differ in the kiud or content of education they provide to t heir citizens as well

as in the number of years th(j.t they require• hut t.here is no educatio nal system in the world

that ia not wholly or partly controll(.'d or supervised by the gc•vernment.

452 TEXTBOOK ON THF. PHILIPPI).'B CONS1'I'rUTiON Sec. 4

Legislative control over public schools is necessarily proprietary in
character ., .~tis exclusive and is sufficiently comprehensive to include 'the
power to preRcribe a curriculum, to s~lect textbooks, to impose disciplinary
regulations for the students, and to exercise such other prerogatives as are

usually possessed by owners or e mployers. Thus, a statute may require
students of the State University (U. P . · to sever all connections with certain

fraternities before they may be allowed to enroll therein. It may legally
prescribe the style of dress which teachers and pupils may wear in school.

They may not validly complain ofdepriYation ofliberty or property without
due process oflaw since they arc n<>t compelled to attend the public schools ,

which are under the control of the go,·ernment. 6

Ownership, control and administration of educational

institutions by Filipino citizens.

{ 1) The Constitution requires that educational institutions, other than
those established by religious grou p,; and mission boards, s haH be owned
solely by citizens of the Philippines or corporations or a ssociations 60'71:, of
the capital of which is owned by such citizens. (Sec. 4l2J. j This means ·that
alien individuals m ay not own a ny educational institution although they
may own to the extent of not more than 40% of the capital stock of
corporations or a!'>soc1at.ions owning educational institution s. Note th at
while Congress may not. lower Filipino equity below 60%, it may increase
this up to 100%.

The exemption in-favor ofre ligious educational institutions is evjdl:'ntly
in recognition of their contribution to education in our country. Many
missionary f'lchools have been established in isolated areas of t.he country
whero the government has never been in a position to build schools. Many
sectarian schools ha ve progressed simply because members of religious
orders receive no salaries as officers or teachers of other schools. The cost
efficiency and tremendous savings are plowed back in terms of improved
faciliti es and services to students. ~!any r:eligious schools have become
examples of service and efficiency, deriving their existence from donations
from foundations and charities abroad. This makes them different from
proprieta ry .schools the profits of which are paid out in dividends, salaries,
allowances, and bonuses.

<2) In every caRe, the control and administration of educational institu-
tions, including those established by re:ligious groups and mission boards,
shall be vested in the citizens of the Philippines. (Ibid.) In other words,
members hip in the governing bodies or boards of such educational institu-
tion s shall be limited to citizens of the Philippines. Appointments and
designation s to, and employment in positions involving the exercise of
administrative discretion in their management (i.e., President, Vice-Presi·

uv .li. Sincn, op. cit., p. 487.

Sec. 4 ART. XIV. - - EDUCATION, SCIENCE AND TECHNOLOGY,
ARTS, CULTURE ANIJ SPORTS
Education

dent, Registrar, Controller, Dean, Director. P rincipal t~.nd otherg) shall
likewise be limited to citizens of the Philippines.7

(3) One of the fundamental aims of our ed ucational system is to incul-
cate patriotism and national.i.~lR (Sec. 3[21.) Ir, lim iting the ownership and
administration of educational institutions to cltlzE.'n!S of the Philippines,
the Constitution recognizes the fact t hat schools owned and controlled by
foreigners are in a position to orient Filipino youth in the perspective, alien
to the ideals of patriotism and nationalism. "Likelier than not, a foreignl:!r
would identify himselfwith his country's interests even if these are antago-
nistic to the Filipinos' own ...;

Educational institutions established exclusively
for aliens prohibited.

(1) Th e Constitution al so prohibits the establishmen t of educational
institutions exclusively fo-:- aliens, a nd limits the number of alit-n,; to I~(ot
more than one-th ir d •1 3 oftbe enrollment in any school. However. :-- ch.)·.:d:;
m ay be established exc!us1·•ely for foreign diplomatic personn.::l and thc-:r
dependents and. unle,;,; otbeT"IIrise provided by law, for other foreign t(:mpv-
rary residents.9 f/bid. _. Such schools are not also covered by t.he require·
ment limiting the ownership and administration of educational in;;titu-
tions to l''ilipino citizens. su.pra.J The exception made in favor of diplo-
matic personnel and their dependents is in recognition of international
practice. It may not be repealed by Congresr:;. But it is empowered to
withdraw the p1·ivilege granted other temporary residents.

(2) Schools exclusively maintained by foreigners for their own nation-
als and practising discrimination against Filipinos should never be allowed
to operate in the Philippines. The presence of this kind of educational
institution breeds divisiveness. bigotry, prejudice, and exclusiveness. l<~or
reason of our sovereignty and dignity, the Constitution does not sanction
the establishment of such schools. !I)

Exemption from taxes and duties.

The Constitution grants tax privilegeg to private educational institu-
tions to enable them to provide quality education accessible t o all. (Sec. 1.)

~see Presidential Decree No. 176.
"The Manila 1'imcs Guide to the 1973 Constitutional Amendmen t,;, p. 51.
'Under Presiden ti al Decree No. 176 (supra.), all educationa l in:sti t ut ions c!:ltablis h ed
exclusively for aliens , excepl those mentioned above, "may continue t.o upnatc unti l t he end
of the school year 1972-197:3 after which the ir government permits Qr rt!cogni tion shall be

deemed re voked. Those offering any curriculum e xclusively for aliens :,;h"ll cease from doing
so not later than the ;;ch ool year 1972- 1973, and failu re to do so s ha ll be 'lufficient camw for
the cancella tion of their government permits and/or r ecognition. full com plia nce with the
requirement limiting the enrollm ent of a h en s tudents sh a ll be e ff~-:c ted not latt'r than the
beginning of t he school year 1976-1977.''

101970 UPLC Con$t itution Re vision Project, p. 805.