ARTICLE XIV EDUCATION, SCIENCE AND TECHNOLOGY,

ARTS, CULTURE, AND SPORTS

Education

Goals of the State:

The State shall promote and protect:

1) The right to quality education at all levels;

2) The right to affordable and accessible education; and

3) Education that is relevant to the needs of people and society.

Right to Education and Academic Freedom

The right to education must be read in conjunction with the academic freedom of schools to

require fair, reasonable, and equitable admission requirements.

Power to Dismiss Students

1) Schools have the power to dismiss students, after due process, for disciplinary reasons.

2) Acts committed outside the school may also be a ground for disciplinary action if:

a) It involves violations of school policies connected to school-sponsored activities; or

b) The misconduct affects the students status, or the good name or reputation of the

school.

Regulation of Right to Education

The right to education in particular fields may be regulated by the State in the exercise of its

police power, e.g. the State may limit the right to enter medical school by requiring the

applicants to take the NMAT.

Free Education

1) The State shall maintain a system of free education in:

a) Elementary level, and

b) High school level.

2) Elementary education is compulsory for all children of school age. However, this is a

moral rather than a legal compulsion.

Educational Institutions

I. Filipinization

A. Ownership:

1). Filipino citizens, or

2). Corporations incorporated in RP and 60% Filipino-owned.

EXCEPT: Schools established by religious groups and mission boards.

3). Congress may increase Filipino equity requirements in ALL educational institutions.

B. Control and Administration:

1). Must be vested in Filipino citizens

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2). Refers to line positions, such as President, Dean, Principal, and Trustees

3). Faculty members may be foreigners.

C. Student Population:

1). GENERAL RULE: Cannot establish school exclusively for aliens. Aliens can only comprise

up to 1/3 of total enrollment.

2). EXCEPTIONS: Schools established for foreign diplomatic personnel and their dependents,

and unless otherwise provided for by law for other foreign temporary residents.

II. Tax Exemptions

A. Non-stock, non-profit educational institutions:

1) All revenues and assets actually, directly and exclusively used for educational purposes

are exempt from taxes and duties.

2) This is self-executory

B. Proprietary educational institutions, including cooperatives:

1) Entitled to exemptions as may be provided by law, including restrictions on dividends and

re-investment

2) Requires an enabling statute

3) Grants, endowments, donations and contributions actually, directly and exclusively used

for educational purposes are exempt from taxes, subject to conditions prescribed by law.

III. Academic Freedom

A. Educational Institutions

Schools have the freedom to determine:

1) Who may teach,

2) What may be taught,

3) How it shall be taught, and

4) Who may be admitted to study.

B. Faculty members

1) Full freedom in research and in the publication of the results, subject to the adequate

performance of their other academic duties.

2) Freedom in the classroom in discussing their subjects, but they should be careful not to

introduce into their teaching controversial matter which has no relation to their subjects.

3) When faculty members speak or write in their capacity as citizens, then they are free

from institutional censorship or discipline.

C. Students

They have the right to enjoy in school the guarantees of the Bill of Rights.

D. Limitations

1) Dominant police power of the State

2) Social interest of the community

E. Budgetary Priority:

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VALOREXSticky NoteAll revenues and assets of non-stock, nonprofit educational institutions used actually, directly, and exclusively for educational purposes shall be exempt from income taxation.

cross reference: sec. 28, art. vi

Charitable institutions, churches and parsonages, must be ACTUALLY, DIRECTLY AND EXCLUSIVELY used for RELIGIOUS, CHARITABLE, or educational purposes to avail of the tax exemption.

All revenues and assets = non taxable / tax exempt for non stock non profit

VALOREXSticky NoteAcademic freedom - shall be enjoyed in all institution of higher learning. (nothing has been expanded from the 1973 constitution)

-guaranteed to institutions of higher learning includes the right of schools to decide and determine --

>What should be taught>How it should be taught>Who may teach>who may be admitted to study/ who may be taught -the school cannot refuse enrollment by matter of race, religion, etc. but can require a passing average rate.

1). Education must be assigned the highest budgetary priority.

2). BUT: This command is not absolute. Congress is free to determine what should be given

budgetary priority in order to enable it to respond to the imperatives of national interest

and for the attainment of other state policies or objectives.

Religious Education in Public Schools:

Religion may be taught in public schools subject to the following requisites:

1) Express written option by parents and guardians;

2) Taught within regular class hours;

3) Instructors are designated and approved by the proper religious authorities; and

4) WITHOUT ADDITIONAL COST TO THE GOVERNMENT.

Section 6. Language

1) National language: Filipino

2) Official Languages: Filipino, and unless otherwise provided by law, English.

3) Regional languages are auxiliary to the official languages.

4 (Spanish and Arabic are promoted only on an optional and voluntary basis.

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