Escolar Documentos
Profissional Documentos
Cultura Documentos
Graduate School
Topic: Problems arising from the provisions of the Philippine Constitutions of 1935 and 1973
Presented by:
MAR-ELEN FE G. RENOSA
Ed.D. Student
Presented to :
The Constitution
Blacks Law Dictionary defines a Constitution as
The fundamental and organic law of a nation or state that establishes the institutions and apparatus of government, defines the scope of governmental sovereign powers, and guarantees individual civil rights and civil liberties.
The Constitution
A constitution is that written instrument by which the fundamental powers of a government are established, limited, and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politics. Considered as the highest primary authority.
The 1935 constitution, drawn up under the terms of the TydingsMcDuffie Act, which created the Philippine Commonwealth, also served as a basis for an independent Philippine government from 1946 until 1973.
The framers of the Commonwealth Constitution were not completely free to choose any type of government they wanted, since their work had to be approved by United States president Franklin D. Roosevelt, but as many were legal scholars familiar with American constitutional law, they produced a document strongly modeled on the United States Constitution.
The 1935 Constitution was written in 1934, approved and adopted by the Commonwealth of the Philippines (19351946) and later used by the Third Republic of the Philippines (19461972). It was written with an eye to meeting the approval of the United States Government as well, so as to ensure that the U.S. would live up to its promise to grant the Philippines independence and not have a premise to hold onto its possession on the grounds that it was too politically immature and hence unready for full, real independence.
"The Filipino people, imploring the aid of Divine Providence, in order to establish a government that shall embody their ideals, conserve and develop the patrimony of the nation, promote the general welfare, and secure to themselves and their posterity the blessings of independence under a regime of justice, liberty, and democracy, do ordain and promulgate this constitution."
The fundamental aims of education as set forth in the 1935 Constitution are:
Based on ARTICLE XIV General Provisions Section 5.
To develop moral character, personal discipline, civic conscience, and vocational efficiency and to teach the duties of the citizenship.
Section 4. The natural right and duty of parents in the rearing of the youth for civic efficiency should receive the aid and support of the government.
Section 22. (3) Cemeteries, churches, and parsonages or convents appurtenant thereto, and all lands, buildings, and improvements used exclusively for religious, charitable, or educational purposes shall be exempt from taxation.
departments of the present Government of the Philippine Islands shall continue as now authorized by law until the Congress shall provide otherwise.
ARTICLE XIV General Provisions Section 3. The Congress shall take steps toward the development and adoption of a common national language based on one of the existing native languages. Until otherwise provided by law, English and Spanish shall continue as official languages.
Promulgate the so-called Quezon Code of Ethics which laid the foundation of the emerging philosophy of Philippine education. Tagalog became the basis of the national language. Required the teaching of the Filipino national language in the senior year of all high schools and in all years in the normal schools.
ARTICLE XIV General Provisions Section 4. The State shall promote scientific research and invention. Arts and letters shall be under its patronage. The exclusive right to writings and inventions shall be secured to authors and inventors for a limited period.
ARTICLE XIV General Provisions Section 5. All educational institutions shall be under the supervision of and subject to regulation by the State. The Government shall establish and maintain a complete and adequate system of public education, and shall provide at least free public primary instruction, and citizenship training to adult citizens.
VII Executive Department Section 11 and ARTICLE XIV General Provisions Section 5
Department of Public Instruction (existing department) The National Council of Education was created in 1936 to take charge of studying the educational needs and problems of the country (advisory body on educational matters) Its first chairman was Dr. Rafael Palma. The council made vital recommendation for the further improvement of system of education in the Philippines.
of the education of the adult illiterates. Vocational and adult education were given emphasis under the Commonwealth in 1938, the National Assembly passed a law providing for the establishment of national vocational school in various parts of the country. An adult education program was started with the creation in 1936 of the office of Adult Education. By the end of 1940, there were 6,000 school for adults with an enrollment of more than half a million.
Office of Private Education supervised all private schools and colleges in the country.
The Catholic schools and colleges also cooperated with the government project and organized the Catholic Educational Association of the Philippines (CEAP)
ARTICLE XIV General Provisions All schools shall aim to develop moral character, personal discipline, civic conscience, and vocational efficiency, and to teach the duties of citizenship. Optional religious instruction shall be maintained in the public schools as now authorized by law.
Universities established by the State shall enjoy academic freedom. The State shall create scholarships in arts, science, and letters for specially gifted citizens.
The 1973 Constitution, promulgated after Marcos' declaration of martial law, was supposed to introduce a parliamentary-style government. Legislative power was vested in a National Assembly whose members were elected for six-year terms. The President was ideally supposed to be elected as the symbolic and purely ceremonial head of state from the Members of the National Assembly for a six-year term and could be re-elected to an unlimited number of terms. Upon election, the President ceased to be a member of the National Assembly.
During his term, the President was not allowed to be a member of a political party or hold any other office. Executive power was meant to be exercised by the Prime Minister who was also elected from the Members of the National Assembly. The Prime Minister was the head of government and Commander-in-Chief of the armed forces. This constitution was subsequently amended four times (arguably five depending on how one considers Proclamation No. 3 of 1986).
Preamble We, the sovereign Filipino people, imploring the aid of Divine Providence, in order to establish a government that shall embody our ideals, promote the general welfare, conserve and develop the patrimony of our Nation, and secure to ourselves and our posterity the blessings of democracy under a regime of justice, peace, liberty, and equality, do ordain and promulgate this Constitution.
To foster love of country 1. teach the duties of citizenship 2. develop moral character 3. self-discipline 4. scientific, technological, and vocational efficiency.
ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES Section 4. The State shall strengthen the family as a basic social institution. The natural right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the aid and support of the government.
Section 5. The State recognizes the vital role of the youth in nation-building and shall promote their physical, intellectual and social well-being.
Section 7. The State shall establish, maintain, and ensure adequate social services in the field of education, health, housing, employment, welfare, and social security to guarantee the enjoyment of the people of a decent standard of living.
ARTICLE XV GENERAL PROVISIONS Section 3. 1. This Constitution shall be officially promulgated in English and in Pilipino, and translated into each dialect spoken by over fifty thousand people, and into Spanish and Arabic. In case of conflict, the English text shall prevail.
Section 3. 2. The National Assembly shall take steps towards the development and formal adoption of a common national language to be known as Filipino. 3. Until otherwise provided by law, English and Pilipino shall be the official languages.
Section 8. 1. All educational institutions shall be under the supervision of and subject to regulation by the State. The State shall establish and maintain a complete, adequate, and integrated system of education relevant to goals of national development.
State Supervision and Control of Schools Minister of Education Culture and Sports (MECS) Reorganization Plan of 1972 Bureau of Elementary Education Bureau of Secondary Education Bureau Of Technical And Vocational Education Bureau of Higher Education Bureau of Continuing Education
2. All institutions of higher learning shall enjoy academic freedom. 3. The study of the Constitution shall be part of the curricula in all schools.
4. All educational institutions shall aim to inculcate love of country, teach the duties of citizenship, and develop moral character, personal discipline, and scientific, technological, and vocational efficiency.
ARTICLE XV GENERAL PROVISIONS Section 8. 5. The State shall maintain a system of free public elementary education and, in areas where finances permit, establish and maintain a system of free public education at least up to the secondary level. 6. The State shall provide citizenship and vocational training to adult citizens and out-of-school youth, and create and maintain scholarships for poor and deserving students.
ARTICLE XV GENERAL PROVISIONS Section 8. 7. Educational institutions, other than those established by religious orders, mission boards, and charitable organizations, shall be owned solely by citizens of the Philippines, or corporations or associations sixty per centum of the capital of which is owned by such citizens. The control and administration of educational institutions shall be vested in citizens of the Philippines.
ARTICLE XV GENERAL PROVISIONS Section 8. No education institution shall be established exclusively for aliens, and no group of aliens shall comprise more than one-third of the enrollment of any school. The provisions of this subsection shall not apply to schools established for foreign diplomatic personnel and their dependents and, unless otherwise provided by law, for other foreign temporary resident.
8. At the option expressed in writing by the parents or guardians, and without cost to them and the government, religion shall be taught to their children or wards in public elementary and high schools as may be provided by law.
On Academic Freedom
1935 ARTICLE XIV General Provisions, Section 5 1973 ARTICLE XV General Provisions Section 8, Paragraph (2)
Academic Freedom
Academic freedom is the belief that the freedom of inquiry by students and faculty members is essential to the mission of the academy, and that scholars should have freedom to teach or communicate ideas or facts (including those that are inconvenient to external political groups or to authorities) without being targeted for repression, job loss, or imprisonment. Academic freedom is a contested issue and, therefore, has limitations in practice.
as an institution of higher learning, to decide for itself its aims and objectives and how best to attain them, free from outside coercion or interference save possibly when overriding public welfare calls for some restraint, and with a wide sphere of autonomy certainly extending to the choice of students.
a) The teacher is entitled to full freedom in research and in the publication of results, subject to the adequate performance of his other academic duties... b) The teacher is entitled to freedom in the classroom in discussion his subject, but he should be careful not to introduce into his teaching controversial matter which has no relation to his subject.
c) The College or University teacher is a citizen, a member of a learned profession, and an officer in an educational institution. When he speaks or writes as a citizen, he should be free from institutional censorship or discipline, but his special position in the community imposes special obligations. obligations. As a man of learning and an educational officer, he should remember that the public may judge his profession and his institution by his utterances.
The essentiality of an informed citizenry in a democratic society, and as a means for the full development of the human personality and the strengthening of respect for human rights and fundamental freedoms. This is the compass in determining whether the institution has violated the academic freedom of the individual, or vice versa, i.e. which right must be given accord. There is no doubt that Institutional Academic Freedom and Individual Academic Freedom can be reconciled. This happens where the university administration realizes that it is the business of the university to protect individual academic freedom of its scholars and researchers.