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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

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