ART.
XIV
Education, Science & Technology, Arts,
Culture and Sports Education.
SEC1. THE PROMOTION OF RIGHT
TO EDUCATION TO ALL
Quality Education
Affordable Education
Relevant Education
DOCTRINES:
The right to quality education invoked is not
absolute. (DECS v. San Diego )
Clear and Proven academic deficiency can be a
ground for denial of re-enrolment. (Non v. Judge
Dame)
DUE PROCESS IN DISCIPLINARY
ACTION AGAINST STUDENTS.
Informed in writing, of the Nature and Cause of
Accusation
The right to answer the accusation
Informed of the evidence against them
The right to adduce evidence in their own behalf
That evidence must be duly considered by the
Investigation Body
SEC2. MEANS OF
PROMOTION
Support of Complete, Adequate and Integrated
System of Education
Free Public Education in Elementary and High School
Levels
Maintain System of Scholarship grants, Student Loan
Non-Formal, Informal and Indigenous Learning
Systems
Adult Citizen, Disabled, Out-of-School Youth Trainings
DOCTRINE:
Teaching German Language. Siman Act.
WON Siman Act is Unconstitutional. YES.
The state may do much, in order to improve the
quality of its citizens, physically, mentally and
morally; but the individual has certain
fundamental rights which must be respected.
(Meyer v. Nebraska)
DOCTRINE:
Compulsion 8-16 Public School. Except Society of Sisters.
WON it interferes with Parents Right. YES.
The state has the power to regulate all schools,
but parents and guardians have the right and
duty to choose the appropriate preparation for
their children. (Pierce v. Society of Sisters)
DOCTRINE:
Amish Stopped School. Religious BG.
WON State can punish the Amish. NO.
The State's interest in universal education is
not totally free from a balancing process, when
it impinges on other fundamental rights.
(Wisconsin v. Yoder)
DOCTRINE:
Porn. Illegal to sell to Minors.
WON State can protect Minors from Obscene Materials. YES.
State has power to adjust the definition of
obscenity as applied to minors, for even where
there is an invasion of protected freedoms, "the
power of the state to control the conduct of
children reaches beyond the scope of its
authority over adult. (Ginsberg v. New York)
SEC3. DUTIES OF
EDUCATIONAL INSTITUTIONS
Include the study of the Constitution in the Curricula
Inculcate Patriotism and Nationalism
Foster Love of Humanity
Respect Human Rights, Appreciation of the Role of
National Heroes in Historical Development
Teach the Rights and Duties of Citizenship
SEC3. DUTIES OF
EDUCATIONAL INSTITUTIONS
Strengthen ethical and spiritual values
Develop Moral Character and Personal Discipline
Encourage Critical and Creative Thinking
Broaden Scientific and Technological Knowledge
Promote Vocational Efficiency
SEC3. DUTIES OF
EDUCATIONAL INSTITUTIONS
Religion classes be taught, at the option in writing by
the Parents
By Someone approved by the Religious Authorities of
the Religion to be taught.
DOCTRINE:
Article in School Paper was Vulgar.
WON School can expel author. YES.
The school not only has the right but the duty
to develop discipline in its students. And the
freedom to admit includes the freedom to
exclude. (Miriam College v. CA)
SEC4. FILIPINIZATION OF
EDUCATIONAL INSTITUTIONS
Ownership: (except if ran by Religious Groups)
Filipino Citizens
Corporations with 60% Capital owned by Filipinos
SEC4. FILIPINIZATION OF
EDUCATIONAL INSTITUTIONS
Control and Administration:
Filipino Citizens
President, Dean, Principal, Board of Trustees
SEC4. FILIPINIZATION OF
EDUCATIONAL INSTITUTIONS
Student Population:
2/3 of Population should be Filipino.
(except for Schools for Foreign Diplomatic Relations
and their Dependents, and for Other Foreign
Temporary Residents.)
SEC4. INCENTIVE OF TAX
EXEMPTION
Revenues and Assets of Non-Stock and Non-Profit
Educational Institutional
Proprietary Educational Institution
Donations to Educational Institution.
o Provided, the above are Used Actually, Directly,
Exclusively for EDUCATIONAL PURPOSES.
SEC5. STATES REASONABLE
SUPERVISION & REGULATION
Take into account Regional and Sectoral Needs and
Encourage Local Planning in Educational Policies and
Programs
Academic Freedom in all Institutions of Higher
Learning
Citizens right to Select a Profession or Course of
Study
SEC5. STATES REASONABLE
SUPERVISION & REGULATION
Right of Teachers to Professional Advancement.
State assign Highest Budgetary Priority to Education
and Provide Adequate Renumerations and Other
means of Job Satisfaction to Teachers.
ACADEMIC FREEDOM
Of the Faculty;
a. Full freedom in research and in publication of results
b. Freedom in the classroom in discussing his subject.
c. That he is a citizen. A Member of the Learned
Profession. An officer in an Educational Insitution.
ACADEMIC FREEDOM
Of the Institutions of Higher Learning;
Objective; To provide atmosphere conducive to Speculation, Experiment
and Creation.
a. Who may teach
b. What may be taught
c. How it shall be taught
d. Who may be admitted to study.
ACADEMIC FREEDOM
Of the Students;
a. The right to enjoy in school, the guarantees of the
Bill of Rights.
DOCTRINE:
Student denied re-admission, for slowing down the progress of the class.
WON denial is justified. YES.
Educational Institutions, are free from outside
coercion or interference save possibly when the
overriding public welfare calls for some
restraint. It has a wide sphere of autonomy
certainly extending to the choice of students.
(Garcia v. Faculty Admission)
DOCTRINE:
BME recommended closure of a Medical School, with valid reasons.
WON court should intervene. NO.
Resort to the Courts to obtain a reversal of the
determination by the Secretary of Education,
Culture and Sports that the College is unfit to
continue its operations is unfit. (BME v. Judge
Alfonso) (Capitol Medical Center v CA)
DOCTRINE:
PRC Reso banned Taking Review Classes.
WON Reso is valid. NO.
To be valid, such rules and regulations must be
reasonable and fairly adapted to the end in
view. If shown to bear no reasonable relation to
the purposes for which they are authorized to
be issued, then they must be held to be invalid.
(Lupangco v. CA)
DOCTRINE:
Mandamus. BS Commerce. M in Acctg. Cum Laude.
WON Mandamus is proper. NO.
Educational Institutions are given ample
discretion to formulate rules and guidelines in
the granting of honors for purposes of
graduation. This is part of academic freedom.
(University of San Carlos v. CA)
DOCTRINE:
NMAT; 90% by Faculty. 70% BOR.
WON applicants be admitted. NO.
Under the UP Charter, the power to fix the
requirements for admission to any college of
the university is vested in the University
Council. Faculty cannot alleged the violation of
Academic Freedom, if their opinion on the
matter is not taking into account. (Reyes v. CA)
DOCTRINE:
Conduct unbecoming of a dean. Chair of BOR created a commission to
investigate.
WON creation of Committee is valid. YES.
Consonant to its power to hire is the power to
discipline its personnel.. Part of the Educational
Institutions Academic Freedom. (Camacho v.
Coresis)
DOCTRINE:
Employee of State Univ. Terminated by CSC.
WON CSC encroached upon Academic Freedom of Univ. NO.
The guaranteed academic freedom does not
give an institution the uncontrolled authority to
perform acts without any statutory basis. (Civil
Service Commission v. Sojor)
DOCTRINE:
FundRaising. Not allowed to take Stat Exam.
WON disallowed is justified. NO.
The school cannot back out on its contractual
obligation on grounds other than those made
known to, and accepted by, students at the
start of the school year. (Regino v. Pangasinan
Colleges of S&T)
SEC6-9. LANGUAGE
Filipino, as the National Language of the Philippines.
English and Filipino, the Official Languages for
purposes of Communication and Instruction.
Regional Languages, as auxiliary media of instruction.
Spanish and Arabic, promoted on a voluntary basis.
Constitution promulgated in Filipino and English.
SEC10-13. SCIENCE &
TECHNOLOGY
Give priority to Research and Development and their
Utilization.
Provide Incentives to encourage Private Participation
in Programs of Scientific Researches.
Regulate the Transfer and Promote the adaptation of
Technology for the National Benefit.
Protect and Secure Exclusive rights of Scientists and
other gifted citizens to their intellectual property and
creations.
SEC14-18. ARTS & CULTURE
Foster Preservation of the Filipino Native Culture
Arts shall enjoy the patronage of the State.
Artistic and Historic Wealth of the Country shall be
Protected.
Recognize and Respect and Protect the right of
Indigenous Cultural Communities.
Ensure Equal Access to Cultural Opportunities.
Support researches and studies on Art and Culture.
SEC19. SPORTS
Promote PE and Encourage Sports Programs, League
Competitions and Amateur Sports
Regular Sports Activities
ART. XV
The Family
SEC1. FAMILY AS
FOUNDATION OF THE NATION
State shall strengthen its Solidarity, and
Actively Promote its total development.
SEC2. MARRIAGE, AN
INVIOLABLE INSTITUTION
The foundation of the Family
Shall be Protected by the State.
SEC3. STATE GUARANTEES
IN RE: THE FAMILY
Right to found a family, in accordance with Religious
Convictions and demands of Responsible Parenthood
Right to Assistance, Proper Care, Nutrition and Special
Protection from Neglect, Abuses and Other Conditions
prejudicial to their development
Right to a Family Living Wage and Income
Right to Participate in the Planning and
Implementation of Policies that affect the Family.
SEC4. FAMILY DUTY OF CARE
FOR ITS ELDERS
State shall provide Programs of Social Security.
THANKYOU.
Phyllisabelle Bethany Woo General.
XU College of Law - Zamboanga
