PHILIPPINE NORMAL UNIVERSITY

The National Center for Teacher Education Graduate Studies Lopez Campus Lopez, Quezon

COURSEWORK IN

SCHOOL LEGISLATION
A Special Project as a Partial Fulfilment of the Requirements of the Course EdM 514: School Legislation

REJULIOS M. VILLENES MA Educational Management

ORLANDO D. SERDON, DEM Course Professor

May 2013

ACKNOWLEDGMENT
This coursework would not have been accomplished without the encouragement, inspiration, generosity and kindness of friends, mentors, and relatives. It is for this reason that I wish to acknowledge these God-given gifts.

To our Almighty God, for the good health, strength, blessing, and guidance while taking up the summer class of graduate studies.

To my wife, Ma.Lyn, who continuously wake me up late at night to force me do this coursework. To my children, Tsam & Jiji, for taking away the pains.

To Dr. Orlando D. Serdon, our course professor who love to pose challenges for the next instructional leaders and for allowing us continue in his subject through personal reading and with this course work. To Dr. RVA & Dr. ESV who supported us always in our study.

To those who in one way or another, contributed in the accomplishment of this coursework. Merci!

DEDICATION
The stars in the night sky wont be very bright as they shine at day time. All this is for you, Tsam Tsam

My daughter, Louisse Avery, the strongest girl Ive ever seen.

The cold-blooded heart will never be the same again, ever. Its because of you too, Jiji.

And also for you my son, Rejeus Lynch.

TABLE OF CONTENTS
Cover Page Title Page Acknowledgement Dedication Table of Contents I. EDCOM Report of 1991 1. Introduction & Overview 2. EDCOM Findings 3. Recommendations of EDCOM II. Laws Anchored in EDCOM Report 1. Introduction 2. RA 7722 3. RA 7796 4. RA 7784 5. RA 7836 6. RA 7797 III. Analysis of Strengths and Weaknesses of the Enacted Laws 1. Introduction 2. Responsiveness to Global Market 3. Attainment of National Objectives 4. Quality Output and Competitiveness 5. Strengths and Weaknesses: An Analysis References Appendices 1. Relevant Laws In School Legislation 2. 1987 Philippine Constitution i ii iii iv v

1 4 7

9 11 14 16 19 21

22 23 24 26 28

EDCOM REPORT OF 1991

Introduction

Congressional Commission on Education or EDCOM was established by a Joint Resolution of the Eight Philippine Congress on the 17th of June in 1990.mm

The report assessed the scenario of education in the Philippines. This is considered as a contemporary assessment that also studied the future directions of the educational set-up in the country. Thus, marking the Fifth Republic as one of the milestones of the Philippine education.

Different concerns arise in the educational setting. No new directions are seen to be a parcel of the attainment of its national goals. Hence, the Congress agreed to review the current educational set-up in the country to identify its status, what it really needs, and its future path.

EDCOM stands for the Congressional Commission on Education to Review and Assess Philippine Education. It was created by a Joint Resolution of the Eight Philippine Congress on the 17th of June in 1990. It is composed of five (5) congressmen and five (5) senators, with Chairman headed by the Senate and Co-Chair from the House. Furthermore, it was

assisted by a Technical Secretariat and three (3) panels of consultant.

The Commission dwelled on both intensive and extensive research studies to identify the real situation of the education in the country. They utilized both qualitative and quantitative method of research to gather necessary data and information. This is much advanced in compared with the previous studies conducted (e.g. PCSPE), since the Commission included regional consultations in the then fourteen (14) regions of the country. They consulted every components of the stakeholders group, involving parents, teachers, school administrators, Department of Education, Culture and Sports (DECS) officials, business sector, and Local Government Units (LGUs), up to Non-government organizations, civic organizations, religious leaders, workers and the marginalized sectors (e.g. farmers). The aim was to elicit common concerns and issues about the current educational set-up, participants assessment of the

schools performance, quality of educational programs & services, and their suggestions to revolutionize the system.

EDCOM involved every parcel of the of the stakeholders dwelling with both quantitative and qualitative research methods.mm

Since the commission would like to establish a concrete result, they also conducted studies in the provincial and city levels. Likewise, dialogues and consultations were done with the academe and with different professional groups, concerned individuals and experts from specific fields of education, such as follows: Early Childhood and Preschool Education; Elementary and Secondary Education; Teacher Education; Military Education; Educational Research and Evaluation; Tertiary Education; Vocational and Technical Training; Guidance and Counseling; Graduate Education; Education in

What is the Report All About: Introduction

Specific Professions; Governance, Financing and Economics Education; Testing and Measurement of Learning Outcomes; Special Education; Education of Indigenous People; and, Language Instruction.

Different studies and related literature were also reviewed. Previous reports in the countrys educational system were studied.mm

Moreover, media and non-formal education sector were also solicited data. These include the National Inter-University Forum on Education (NIUFE), the Federation of Accrediting Agencies of the Philippines (FAAP), the Philippine

Association of Graduate Education (PAGE), etc.

Review on literatures, such as the former studies conducted, was also conducted. This is to consider the previous recommendations to advance the current study. Two of the important studies were the PCSPE and the SOUTELE. Statistics were also drawn out from DECS and its bureaus, the National Economic and Development Authority (NEDA), and National Statistics Office (NSO). Foreign literatures were also considered, like data from international publications and journals (e.g. UNSECO and the World Bank).

All of the gathered data were subjected to comprehensive analyses through the Panel of Consultants, discussions & reactions to provide consensus of data, and the general meetings of the standing committees and the commissioners.

What is the Report All About: Introduction

EDCOM Findings

Generally, the findings found to be very perplexing and disturbing upshots.mm

In 1991, Philippines is said to have the most expanded school systems in the world. In that era, our country has the highest participation rate in elementary, secondary and tertiary levels. Covering up to 97.78% participation rate in elementary level, it is said that Philippines is close to the attainment of universal elementary education. On the other hand, Philippines scored 89% literacy rate though its functional literacy showed only 73%. The reports findings revealed a very disturbing result even the above-cited statement credited recognition on the educational system. The following is the summarized findings of the report:

1. Too Little Investment in Education The government is not spending enough for education as compared with ASEAN countries. Only 1.3% of the GDP is allotted to the education sector.

2. Disparities in Access in Education The rich and high income families were favored by the educational institutions, whether formal and nonformal. There is a high percentage of incomplete primary and elementary schools in depressed regions.

3. Low Achievement Pupils on average learn only 55% or even less of what must be learned. On the other hand, rich and high income families got higher achievement records.

What is the Report All About: The Findings

4. High Drop-out Rate in Less Developed Communities Drop-out rates in elementary and secondary schools are highest in rural and less developed communities and among poor students.

5. Special Needs Neglected Muslim and cultural communities as well as special learners suffer from benign neglect.

6. Limited ECE & NFE Services Only rich families acquired early childhood education and development. Nonformal education services are inadequate and found only in developed communities.

7. Schooling Length & Class Interruptions, Less Quality Disruptions in regular class schedules and length of school year correlates with less learning and less quality.

8. Inadequate science and technology Science and technology including modern innovations are inadequate, or if not, unsuited to classroom instruction.

9. Ineffective VE Values education in schools is lacking and ineffective.

10. Bilingual Education affects learning The use of Filipino and English as mode of instruction distresses the quality of learning.

What is the Report All About: The Findings

11. Manpower Mismatched Incompatibility in the supply and demand for educated and trained manpower is seen.

12. Irrelevance of Education

Education is found to be insignificant to the individual and social needs.

Reforms didnt Transform for over 65 yrs, same problems were still reported. No significant improvement were shown a situation of continuous reform without change.mm

13. Incompetent Training & Instruction Inadequacy of trained and effective teachers was shown. Graduate studies are mediocre, limited and underdeveloped.

14. Ineffective and Inefficient Organization Organizational structure of the educational system is ineffective and inefficient.

The report also showed that same problems were reported since the Monroe Survey in 1925 up to EDCOM Report of 1991. No significant improvement in Philippine education is seen for over 65 years.

What is the Report All About: The Findings

Recommendations of EDCOM
Based on the findings, EDCOM recommended the following reforms:

1.

The prioritization of basic education by to ensure the then Department of Education, Culture and Sports (DECS) undivided attention to this sector;

2. The development of alternative learning modes especially for literacy acquisition; 3. The use of the mother tongue as language of learning from Grades 1 to 3, with Filipino gradually becoming the medium of instruction in basic education and English a subsidiary medium of instruction in later years; 4. The expansion and enrichment of technical/vocational education; 5. The strengthening of pre-service teacher education and provision of incentives to make the rewards of teaching commensurate to its importance as a career; 6. Professionalization of teachers and teaching with licensure exams and increase in the basic minimum wage salary; 7. Support for both public and private education; 8. The facilitation of planning, delivery, and education financing and training by industry, workers, teachers, parents and local governments; 9. Greater access of poor children to all levels of education;

program focus is clear and resources are allocated rationally and plans are realistic and attainable.mm

What is the Report All About: EDCOM Recommendations

10. More cost-effective public college and university education with curricular programs that are relevant to the communities they serve; The PH government must guarantee efficiency and productivity from our education investment.mm

11. The search for new sources of funds (including taxes) to finance basic education; 12. Strengthening graduate education and research; 13. Creation of Commission on Higher Education (CHED) to be the main body responsible for colleges and universities, both private and public. 14. The restructuring of the Department of Education, Culture and Sports (DECS), now Department of Education (DepEd), to ensure clearer program focus, rational resource allocation and realistic planning;

With the proposed restructuring of the Philippine Education, this will ensure that program focus is clear and resources are allocated rationally and plans are realistic and attainable.

For the final point, the EDCOM commended also that the government should put all our money in basic education because it is all the formal schooling the masses of our people get. However, the government must ensure more efficiency and productivity from our education establishment.

What is the Report All About: EDCOM Recommendations

LAWS ACNHORED IN EDCOM REPORT

2
the EDCOM

Introduction
The 11-month study conceded its significance, thereby encouraging the Congress, the Senate and the House, to consider the study as basis in making legislations with regards in improving the education in the country. Chaired by Sen. Edgardo Angara and Co-chair Cong. Carlos Padilla, they urged

their colleagues to use their recommendations as the bases for ...more than ever that indeed education is the fundamental link to national progress.mm
EDCOM Letter of Transmittal to the Senate President.mm

educational reforms.

The Congress formed the Congressional Oversight Committee on Education under the Chairs of the Committee on Education of both houses of Congress to follow up the necessary legislations essential to implement

recommendations.

There at least 5 laws passed based in the EDCOM Recommendation. These are as follows:

1. RA 7722: An Act Creating the Commission on Higher Education. May 18, 1994. 2. RA 7796: An Act Creating the Technical Education and Skills Development Authority. August 25, 1994. 3. RA 7784: An Act to Strengthen Teacher Education in the Philippines by Establishing Centers of Excellence Creating a Teacher Education Council. August 4, 1994. 4. RA 7836: An Act to Strengthen the Regulation and Supervision of the Practice of the Teaching Profession and Prescribing a Licensure Examination for Teachers and for Other Purposes. December 15, 1994. 5. RA 7797: An Act to Lengthen the School Calendar from 200 Days to not more than 220 Class Days. 1994.

Aside from the Republic Acts authored in the Congress, administrative and executive reforms recommended by the EDCOM were also implemented by the DECS (DepEd) and the governments executive branch. These are as follows:

1. Reduction of the number of incomplete elementary schools throughout the country. 2. Increase in the number of high schools in provinces and towns. 3. Increase in teachers salary from Salary Grade 10 to Salary Grade 17, throughout the annual budget of the DECS. 4. Flexibility in the use of the Bilingual Policy in the elementary grades. Teachers are allowed to use the dominant language of the community as medium of instruction.

Laws Anchored in EDCOM Report: Introduction

10

RA 7722: Higher Education Act of 1994

EDCOM report suggested to establish the trifocalized system where higher and technical educations will be a separate department.mm

Full Title: An Act Creating the Commission on Higher Education, Appropriating Funds Therefor and for Other Purposes

Primarily, the State shall ensure the protection and promotion of the right of all citizens to affordable quality education at all levels. Likewise, the state shall ensure education that is accessible to all. In response, the Philippine Government passed into law the Higher Education Act of 1994 which primarily creates the Commission on Higher Education (CHED).

CHED is bestowed with the following powers and functions: 1. Formulate and recommend development plans, policies, priorities, and programs on higher education and research; 2. Formulate and recommend development plans, policies, priorities and programs on research; 3. Recommend to the executive and legislative branches, priorities and grants on higher education and research; 4. Set minimum standards for programs and institutions of higher learning recommended by panels of experts in the field and subject to public hearing, and enforce the same; 5. Monitor and evaluate the performance of programs and institutions of higher learning for appropriate incentives as well as the imposition of sanctions such as, but not limited to, diminution or withdrawal of subsidy,

Laws Anchored in EDCOM Report: Higher Education Act of 1994

11

recommendation on the downgrading or withdrawal of accreditation, program termination or school closure; 6. Identify, support and develop potential centers of excellence in program areas needed for the

development of world-class scholarship, nation building and national development; 7. Recommend to the Department of Budget and Management the budgets of public institutions of higher learning as well as general guidelines for the use of

their income; 8. Rationalize programs and institutions of higher learning and set standards, policies and guidelines for the creation of new ones as well as the conversion or elevation of schools to institutions of higher learning, subject to budgetary limitations and the number of institutions of higher learning in the province or region where creation, conversion or elevation is sought to be made; 9. Develop criteria for allocating additional resources such as research and program development grants,

The Commission shall be independent and separate from DECS and attached to the Office of the President for administrative purposes only.mm

scholarships, and other similar programs: Provided, That these shall not detract from the fiscal autonomy already enjoyed by colleges and universities; 10. Direct or redirect purposive research by institutions of higher learning to meet the needs of agro-

industrialization and development; 11. Devise and implement resource development schemes; 12. Administer the Higher Education Development Fund, as described in Section 10 hereunder, which will promote the purposes of higher education;

Laws Anchored in EDCOM Report: Higher Education Act of 1994

12

13. Review the charters of institutions of higher learning

and state universities and colleges including the Its coverage shall be both public and private institutions of higher education as well as degreegranting programs in all postsecondary educational institutions, public and private.mm chairmanship and membership of their governing bodies and recommend appropriate measures as basis for necessary action; 14. Promulgate such rules and regulations and exercise such other powers and functions as may be necessary to carry out effectively the purpose and objectives of this Act; and, 15. Perform such other functions as may be necessary for its effective operations and for the continued

enhancement, growth or development of higher education.

Moreover, CHED is created to address the needs on ensuring academic freedom, continuing intellectual growth, advancing of learning & research, developing responsible & effective leadership, educating high- & middle-level professionals, and enriching the countrys historical & cultural heritage.

Laws Anchored in EDCOM Report: Higher Education Act of 1994

13

RA 7796: TESDA Act of 1994

TESDA replaced and absorbed the National Manpower and Youth Council (NMYC), the Bureau of Technical and Vocational Education (BTVE) and the personnel and functions pertaining to technicalvocational education of the Department of Education, Culture and Sports (DECS) and the apprenticeship program of the Bureau of Local Employment of the Department of Labor and Employment (DOLE).mm

Full title: An Act Creating the Technical Education and Skills Development Authority, Providing for its Powers, Structure and for Other Purposes Known also as Technical Educational and Skills Development Act of 1994 or the TESDA Act of 1994.

TESDA is tasked primarily to provide technical education towards skills development. Technical education refers to the education process designed at post-secondary and lower tertiary levels, officially recognized as non-degree programs aimed at preparing technicians, para-professionals and other categories of middle-level workers by providing them with a broad range of general education, theoretical, scientific and technological studies, and related job skills training. Skills development is the process through which learners and workers are systematically provided with learning opportunities to acquire or upgrade, or both, their ability, knowledge and behavior pattern required as qualifications for a job or range of jobs in a given occupational area.

Furthermore, TESDA, as a product of EDCOM Report of 1991, is tasked to attain the following bestowed objectives: 1. Promote and strengthen the quality of technical education and skills development programs to attain international competitiveness; 2. Focus technical education and skills development on meeting the changing demands for quality middle-level manpower;

Laws Anchored in EDCOM Report: TESDA Act of 1994

14

3. Encourage

critical

and

creative

thinking

by

disseminating the scientific and technical knowledge TESDA is tasked to give quality technical education towards effective skills development.mm base of middle-level manpower development programs; 4. Recognize and encourage the complementary roles of public and private institutions in technical education and skills development and training systems; and, 5. Inculcate desirable values through the development of moral character with emphasis on work ethic, selfdiscipline, self-reliance and nationalism.

Currently, TESDA is offering numerous skills training and development courses. They also introduced the TESDA Specialista where they provide specific skills for a particular workforce, hence, giving a specialized skill to an individual. National Certificates (NC), ranging levels I-IV, is given to the trainees who have passed the threshold of the required skill in a given area. Other private schools and colleges offering technical training programs are also given the chance for accreditation and examination for NC. Moreover, Certificate of Competencies and Diploma is awarded to trainees who complete the training under such courses.

Laws Anchored in EDCOM Report: TESDA Act of 1994

15

RA 7784: Teacher Education Council Act of 1994

Full Title: An Act to Strengthen Teacher Education in the Philippines by Establishing Centers Of Excellence, Creating a Teacher Education Council for the Purpose, Appropriating Funds therefor, and for Other Purposes The need to address the countrys cry towards a teacher education system whose mission is to education and train human engineers with unquestionable integrity and competence whom are also committed for professional growth as well as helping their students grow as responsible individual citizen of the country gave birth to this act. RA 7784 is also notably a result of EDCOM Report of 1991.

RA 7784 points out that the teacher is the key to effectivenessm m

Teacher Education Council is in close collaboration with the CHED as regards teacher education curriculum and selection of Centers of Excellence in Teacher Education. It is delegated to convey policies and standards that shall strengthen and improve the system of teacher education all over the country. Also, tt conducts activities in support of DepEd programs and projects. One of this is the implementation of the 2002 Basic Education Curriculum (BEC) and now the RA 10533 Enhanced Basic Education Act of 2013, also known as the K to 12 Basic Education Act.

Also, the emphasis of the law highlighted the need to have center of excellence where innovations towards development and quality standard assurance are set forth. It shall also address the need towards achieving a quality education for every Filipino.

Laws Anchored in EDCOM Report: TEC Act of 1994

16

A center of excellence shall be to: Teacher education shall foster excellence. Excellence pertains to the efficient, effective and innovative delivery of relevant, functional, and quality programs in teacher education, training, research and community service.mm

1. Experiment and try out relevant and innovative preservice teacher education/training programs; 2. Organize and coordinate collaborative research on identified areas for systematic investigation in teacher education as basis for improving teacher education/ training programs; 3. Serve as teacher resource center for curricular/ instructional materials development; 4. Serve as the center mode for networking specific data; 5. Provide professional assistance to Teacher Education Institutions (TEIs) that have expressed the need for such assistance; 6. Encourage mutual support among TEIs in the region for upgrading their programs; and, 7. Facilitate and help expedite accreditation among TEIs.

On the other hand, the Council is bestowed the functions and powers to: 1. Identify and designate among existing private and public schools, teacher education institutions as Centers of Excellence for Teacher Education, at the national, regional, and provincial levels; 2. Formulate policies and standards that shall strengthen and improve the system of teacher education in all existing public and private schools; 3. Initiate a periodic review of curricula and programs for teacher education and training through participatory methods, such as self-assessment by institutions; 4. Adopt an adequate and effective system of incentives such as scholarship grants, loan programs, subsidies,

Laws Anchored in EDCOM Report: TEC Act of 1994

17

stipends and other similar benefits and incentives, in order to attract and encourage outstanding high school graduates whether from public or private schools, to pursue teacher education; 5. Encourage the establishment of consortia and other cooperative arrangements among teacher education schools, public or private, for greater efficiency and economy in the use of resources; 6. Design collaborative programs or projects that will enhance training, pre-service re-training teacher training, and in-service teacher

orientation

development; 7. Direct the conduct of relevant studies as may be needed in the formulation of policies and in the planning and successful implementation of plans, programs and projects required in attaining the purposes of this Act; 8. Review existing and recommend new legislation and policies of the government in order to improve teacher education and promote the welfare of teachers; 9. Recommend appropriate measures to the President, Congress, and heads of other government offices and agencies to improve, enhance and strengthen teacher education; and, 10. Call upon any department, bureau, office, or

Government Corporation, local government unit and other concerned agencies for assistance in areas falling within their mandate.

Laws Anchored in EDCOM Report: TEC Act of 1994

18

RA 7836: Philippine Teachers Professionalization Act of 1994

Full Title: An Act to Strengthen the Regulation and Supervision of the Practice of Teaching in the Philippines and Prescribing a Licensure Examination for Teachers and for Other Purposes

RA 7836 paved way to teachers professionalization. Important milestones include giving birth to Board of Professional Teachers and the Licensure Examination for Teachers.mm

Teachers Professionalization Act, otherwise known as LET Law, identifies the vital role of teachers in nation-building and development through a responsible and literate citizenry. The State shall ensure and promote quality education by proper supervision and regulation of the licensure examination and professionalization of the practice of the teaching profession.

Two noteworthy objectives are identified in the said law. First is the promotion, development and professionalization of teachers and the teaching profession; and the supervision and regulation of the licensure examination.

Under the said law, the Board for Professional Teachers is also formed. The Board is a collegial body under the general supervision and administrative control of the Professional Regulation Commission. Also, a Licensure Examination for Teachers (LET) is mandated by the act. A LET passer shall receive a Certificate of Registration as a professional and a professional license. Otherwise, a non-LET (or PBET) passer shall not be allowed to teach under the Department of Education as a regular permanent teacher.

Laws Anchored in EDCOM Report: Teachers Professionalization Act of 1994

19

The Code of Ethics for Professional Teachers is also promulgated under Resolution No. 434 in response with the professionalization of teachers. The Code contains all needed knowledge on how a professional teacher thinks, speak and act. RA 9293 amended certain sections in RA 7836. CMO No. 11 of 2004 further refined the qualifications of an examinee.mm

In 2004, Former President Gloria Arroyo signed RA 9293 which amended certain sections of RA 7836. Summarized as follows are the certain amendments on the said act: 1. Qualifications of requirement of an applicant where non-education graduates shall have 18 units of Professional Education courses before taking up the examination (Sec. 1, Sec. 15, e, 3); 2. Registration and exception where only professional teachers are allowed to teach or given permanent teaching position in DepEd (Sec. 2, Sec. 26); 3. Professionals who have not practiced teaching shall have a 12-unit refresher course; 4. Hiring para-teachers (with rating not lower than 5% of the passing rate) with 2 years permit in ARMM (Sec. 2, Sec. 26); and, 5. Transitory provisions with regards to issuing permits to para-teachers (Sec. 3, Sec. 31).

CHED Memorandum Order No. 11 of 2009 further refined and updated the content of RA 7836, where they required noneducation graduates not only 18 units of Professional Education courses but also an additional 12 units of Experiential Learning Courses (6 units of Field Study courses and 6 units of Practice Teaching).

Laws Anchored in EDCOM Report: Teachers Professionalization Act of 1994

20

RA 7797: Lengthening School Calendar Act of 1994

Full Title: An Act to Lengthen the School Calendar from Two Hundred (200) Days to not More than Two Hundred Twenty (220) Class Days

Adding 20 days from the former regular length of schooling is the main feature of this act. The start of first day of class shall be the first Monday of June but not later than the last day of August. Also, no additional pay for teachers is stressed since RA 7797 changed the number of school days from 200 to 220.mm

teachers are receiving their salary all-round year, except for those number of hours basis payment system. The Education Secretary shall formulate the necessary rules and regulations in answer with this act forwarding to both Houses of the Congress.

Laws Anchored in EDCOM Report: Lengthening School Calendar Act of 1994

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ANALYSIS OF STRENGTHS & WEAKNESSES OF THE ENACTED LAWS

Introduction

This section discusses the strengths and weaknesses of the laws passed. These laws are anchored with the recommendation of the EDCOM Report of 2001. The analysis will be divided according to the following themes:

Laws for the liberal education of youth, especially for the lower classes of people, are so extremely wise and useful that to a humane and generous mind, no expense for this purpose would be thought extravagant.mm
John Adams (1735-1826) 2nd President of the USA

1. Responsiveness to global market; 2. Attainment of national objectives; and, 3. Quality of output and competitiveness.
Each law were dealt for both intensive and extensive treatment. It may look simple but the message given is clear and concise. The themes will also be discussed before the analysis. Thus, it would be very difficult to analyze strengths and weaknesses if theres no prior knowledge on the given themes. Related literatures and studies are the primary bases for the discussion.

Responsiveness to Global Market

Strategies responsive to global market includes internationalizing, localizing, global standardizing, and transnationalizing. mm

The birth of globalization established the need of education on being responsive to international standards. It is a process of closer integration and exchange between different countries and peoples worldwide. Hence, every minute is getting complex where standards are getting high. Philippine education, per se, must compete against the set standards.

Rothaermel (2013) in his book Global Strategy: Completing Around the World expounded four Global Strategies which can respond to the demands of global market. 1. International strategy Leveraging home-based core competencies Giving the same services in both domestic and foreign markets 2. Localization (product differentiation) strategy Maximize local responsiveness via a multi-domestic strategy Consumers will perceive them to be domestic companies 3. Global standardization (cost leadership) strategy Economies of scale and location economies Pursuing a global division of labor based on best-ofclass capabilities reside at the lowest cost 4. Transnational strategy Combination of localization strategy (high

responsiveness) with global standardization strategy (lowest cost position attainable)

Analysis of Strengths & Weaknesses of the Laws Passed: Responsive to Global Market

23

It seems to be that the cited four strategies are suited for the business industry, but in reality, these strategies are also seen in the educational set-up. These strategies are said to be responsive with global education.

Attainment of National Objectives

the state shall maintain and establish a complete, adequate and integrated system of education relevant to the goals of national development.mm

Batas Pambansa Bilang 232, also known as Education Act of 1982, defined the national development goals of the State. These are as follows: 1. To achieve and maintain an accelerating rate of economic development and social progress; 2. To ensure the maximum participation of all the people in the attainment and enjoyment of the benefits of such growth; and, 3. To achieve and strengthen national unity and

consciousness and preserve, develop and promote desirable cultural, moral and spiritual values in a changing world.

Moreover, in achieving the cited objectives, the state shall maintain and establish a complete, adequate and integrated system of education relevant to the goals of national development. The governments role in achieving this is to ensure, within the context of a free and democratic system, maximum attribution of the educational system towards the set objectives. Hence, the citizens are encourage to participate in full effort to achieve the above-cited objectives.

Analysis of Strengths & Weaknesses of the Laws Passed: Attainment of National Objectives

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In this act, education shall be the right of every individual. This right must be exercised attaining full quality education. It is inclusive regardless of sex, age, creed, socio-economic status, physical and mental conditions, ethnic origin, political or other affiliations. Hence, the State shall ensure, promote and maintain equality of access to education and the enjoyment of the benefits of education as well.

Along with equality and inclusiveness in education, the State shall also promote the right of the nations cultural communities in the exercise of our right to develop ourselves within the context of our cultures, customs, traditions, interest and belief, and recognizes education as an instrument for our maximum participation in national development and in ensuring their involvement in achieving national unity.

The state shall ensure a free and inclusive education to all Filipino citezens.mm

The State, with this law, is bestowed to achieve the following objectives for the educational system in the country: 1. Provide for a broad general education that will assist each individuals in the peculiar ecology of his own society, to: a. attain his potentials as a human being; b. enhance the range and quality of individual and group participation in the basic functions of society; c. acquire the essential educational foundation of his development into a productive and versatile citizen; 2. Train the nation's manpower in the middle-level skills for national development; 3. Develop the profession that will provide leadership for the nation in the advancement of knowledge for improving the quality of human life; and,

Analysis of Strengths & Weaknesses of the Laws Passed: Attainment of National Objectives

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4. Respond effectively to changing needs and conditions of the nation through a system of educational planning and evaluation.

The above-mentioned 4 objectives are necessary in the attainment of national development goals.

Quality of Output and Competitiveness

Quality of output and competitiveness is determined by how high quality education is achieved .mm

Ensuring quality education is a primary function of the State. EFA Global Monitoring Report of 2005 has specified what quality education needs to be, considering factors and elements affecting it. The framework below shows what it is.

Figure 1 A Framework for Understanding Education Quality

In the quest towards high quality of output and competitiveness in education, there is a need to have well-trained teachers,

Analysis of Strengths & Weaknesses of the Laws Passed: Quality of Output and Competitiveness

26

sufficient learning resources, and the likes. The framework shown in Figure 1 best describes how a quality education should work.

The type of education given to the people of a nation determines the type of government that might exist in that country.mm

Moreover, Moyle (2004) in his study provides the needed characteristics on how to produce quality outcomes. First and foremost, he identified the key which lies on the educators. The following are the gist of his findings: 1. Understands cultural and cross-cultural settings; 2. Demonstrates high level of communication skills; 3. Shows ability to work in and within a community; 4. Illustrates the ability to work on a broader collegial network; 5. Possesses high level of professionalism and integrity; and, 6. Exemplifies high level of self and professional awareness.

With these, it is assured accordingly that good outcomes will follow.

Different ideas and notions with regards to quality of output and effectiveness are defined in such unique way which grants itself to achieve one.

On the other hand, Amanchukwu (2011) made point on the role of the government in enhancing the education of the country. She stressed that The type of education given to the people of a nation determines the type of government that might exist in that country.

Analysis of Strengths & Weaknesses of the Laws Passed: Quality of Output and Competitiveness

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Strengths and Weaknesses: An Analysis

Five notable laws are passed in consonance with the findings and recommendations of EDCOM Report of 1991. These are as follows: 1. RA 7722: Higher Education Act of 1994; 2. RA 7796: TESDA Act of 1994; 3. RA 7784: Teacher Education Act of 1994; 4. RA 7836: LET Law of 1994; and, 5. RA 7797: Lengthening of School Calendar Act of 1994.

Laws derived from EDCOM Report shall at least address the need on international standards, quality and the attainment of the States objectives.mm

These laws were subjected for a review considering the following themes: 1. Responsiveness to global market; 2. Attainment of national objectives; and, 3. Quality of output and competitiveness.

On RA 7722: Higher Education Act of 1994 Responsiveness to Global Market The Philippine government tries to keep in pace with the international developments and standards. Hence, we can consider that through CHED, colleges and universities will be at its place for competing against global standards. Though the governments educational sector tried to compete with the said standards (e.g. Bologna Accord, Washington Accord), there must be a systematized plan & investment in the fulfilment of it. Attainment of National Objectives Basically, the law is enacted to carry out the realization of achieving the national development goals. Through
Analysis of Strengths & Weaknesses of the Laws Passed 28

CHED, national objectives are the ultimate threshold of output and outcome of every education endeavors. Quality of Output and Competitiveness Students graduated in our country, who typically receives education from our HEIs, is not considered to be having the same competencies compared to what they have. For instance, common scenarios (not in all situation) include medicine graduates who are supposed to be doctors are only categorized as nurses in USA. Other cases in some places in Europe include having PhD or EdD holders being classified as only MA/MS graduates. The Bologna Accord and Washington Accord are the primary cause of these results.

there must be a systematized plan & investment in the fulfilment of it.mm

Strength: Through CHED, setting standards for competencies is seen. Also, Higher Education Institutions (HEIs) had foster competency in overcoming the three complex and more formidable context of global trends, which are as follows: the massification of higher education; corporatization of

educational institutions; and, globalization. Weakness: The organization itself, CHED, is always criticized to be practicing the jurassic role tradition, where the commission acts as if they hold HEIs operations and services (practicing the job of the then Bureau of Higher Education under DECS). Critics commented it should not be rather by helping HEIs carry out their true purpose of existence. The commission is also criticized annually be militant groups and student sectors on its power in controlling increased Tuition and Other Fees Increases (TOFIs).

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RA 7796: TESDA Act of 1994 Responsiveness to Global Market TESDA graduates are recognized in the global market because of its training programs that mold skills development. Through its National Competency

certificates, graduates are not only accepted here in our country but also in abroad. Blue collar jobs trained by TESDA are oftentimes earning much compared to white collar workers. The recent report on responsive to the needs of the global market of World Economic Forum (WEF) in September 2011 ranks Philippines at number 65 out of 144 economies. This is a good leap from no.75 to its present rank. One of the major causes is because Philippines, so far, is improving its education and

PH ranked 65th out of 144 economies in 2011 according to WEF. This is because of the drive towards instructional improvement.mm

training development. Attainment of National Objectives Primarily, TESDAs goals are anchored with the national development goals. The institution promotes and strengthens the quality of technical education and skills development programs in the country to build a competitive citizen who can attain go with international standards. Five strategies are also implemented by TESDA in order to achieve the said desired goal. These strategies are currently implemented to address the real need of the technical education and training of the nation. These five are as follows: institutional capability building; technical education and skills development program; initiation of training programs; entrepreneurship

Analysis of Strengths & Weaknesses of the Laws Passed

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programs; and, provision of employment opportunities for trained manpower. Quality of Output and Competitiveness According to the World Competitiveness Yearbook, conducted by the Switzerland-based Institute for Management Development (IMD) in partnership with the Asian Institute of Management (AIM)-Policy On a positive note, the survey cited that the country's strength is on the quality of human resources.mm

Center, Philippines ranked 40th among the 49 countries covered. Though our country ranked in the bottom (compared to our neighboring Asian nations),

Philippines has improved performance in different aspects. Philippines scored high on having high on the quality of human resource. This means that the labor force, which comprised mostly of trained individuals, receives quality training that leads to quality output. TESDAs initiative and innovations are much clearly seen. On the contrary, the workforce of the country will be much great if the government invested on its quality training and education. IMD quoted that the

Philippines' failure to improve labor productivity and infrastructure prevented it from improving its overall competitiveness ranking. Strength: Much has been said about the three themes which fall under its strength. TESDAs major attribute is the prime mover of technical training and skills development in the country, which some of its programs are recognized internationally. TESDA Specialista innovates the sleeping program of the previous years through the initiative of the new administrators. Standards are also set by TESDA which other tech-voc institutions must comply.

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Weakness: One attribute of TESDA before is that it is onl y for those who couldnt afford the degree programs. Thus, making a cruel impression in the said institution. The previous administrations didnt change any but remain stagnant. Now, it is no longer the same sleeping giant as before.

RA 7784: Teacher Education Act of 1994

Responsiveness to Global Market In partnership with the education sector, TEC is designed to gear up with the international standards. Hence, the law creates center of excellence and identify institutions suited to receive one. Specific standard, which is much cruel and strict, sees if an institution is qualified to be a center of excellence. For example, Philippine Normal University is granted as the Center of Excellence in Teacher Education. Standards set forth by the council made our educational sector keep in pace with the global market.

Education in the country must also address global calling on quality standards.mm

Attainment of National Objectives The objectives of creating center of excellence and the council is geared toward the attainment of our national objectives. Both have ensured the quality that will be observed and scrutinized towards the attainment of it. Programs and innovations are also seen developed by the council and centers.

Quality of Output and Competitiveness In result, identified institutions as center of excellence have brought their maximum performance to achieve a quality output and competence. Rumors have said that others are struggling to compete with the said standard.

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Still, the point is towards the attainment of a quality output and competence. Strength: Sole and foremost feature of this act is the Still, PH higher education is left behind competing with international standards.mm

establishment of centers of excellence. Identifying such institutions promotes a high quality perspective. Other who was not identified will be geared to include them to be one. Hence, standards are getting high and services will be aligned to the set criteria. The created Council in the law is also a strength where it sees how TEIs perform and set standards in their institutions. Weakness: Though the law is geared toward high quality and competence, Philippines is not yet aligned with the international standards. The top universities of the country, Ateneo De Manila and University of the Philippines, ranked beyond the 200 spot according to the THES-QS World University Rankings from the last five years.

RA 7836: LET Law of 1994 Responsiveness to Global Market Essentially, making teaching practice as a professional work is an answer towards the call on a quality education. One attribute of a nation being responsive to the global demands is achieving high quality education. Thus, making teachers a part and parcel of this development. Attainment of National Objectives No question herein with regards to professionalizing teachers and achieving national objectives. If an individual is competent enough, then there is a high significant correlation that the said objectives will be achieved.

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Through the board examination, teachers are qualified into the practice in the teaching profession. The board exam assesses the readiness of the teachers in terms of its knowledge on liberal arts, pedagogy, and its field of specialization. With the formed Code of Conduct of Teachers, the State is guaranteed that teachers will be morally and professionally upright in the practice. Quality of Output and Competitiveness With the introduction of LET in the country, it is said that teachers are competing against the standards. If an individual passed the test, he/she is said to be passed the threshold of standard of being a teacher. Atleast, teachers without the so called competence will be filtered among others, thus, delivering significant instruction to the students.

Strength: LET is one of the factors that influences the overall quality of teachers and teaching. This factor is the primary trigger towards steering the attainment of quality education. Much has been said with the discussions of the themes with regards to the strength of the act. Moreover, the creation of the Board for Professional Teachers adds up with the monitoring and standardizing of criteria of quality together with the academe. Weakness: As can be seen, the R.A. 7836 is not a solution that guarantees quality teachers. The government-funded LET only legitimizes even those who lack teaching skills (Dela Cruz, 2013). TEIs must have the drive to improve their programs and faculty since they are the source of unqualified graduates. Conversely, CHED must gradually make the education curriculum in pace with quality standards to ensure quality

professionalization, through certification, does not mean anything if the bulk of LET takers are not the best among the best of the countrys population.mm

Prof. Rolando Dela Cruz Award-winning Educator

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graduates. It must be responsible, too, in immediately abolishing the education programs of schools that consistently failed to produce LET passers.

The perennial problems in the educational system still exist. Laws and the State must address this problems.mm

RA 7797: Lengthening of School Calendar Act of 1994 This act is passed to add 20 days to the former 200 school days in the school year. No other significant matters are described from the law. However, the ultimate aim is to achieve quality education through receiving quality services from the DepEd. Hence, it is implied that through adding of school days, responsiveness to global standards and the attainment of national development goals are much achievable. Strength: Adding 20 days is parallel to receiving more instruction and learning experiences. Weaknesses: No assurance is guaranteed that learning would be more meaningful and achievable if more time is added. Still, perennial problems such as shortage of teachers, lack of teachers competence, problems on adequate rooms & related things, quality instructional materials, and the likes are blocking the way towards a quality education. Hence, no attribution is seen towards learning effectiveness and additional time for learning if the said problems still exist.

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REFERENCES
Batas Pambansa Bilang 232. Education Act of 1982. CHED Memorandum Order No. 11. De Jesus, E. C. (2011). Philippine higher education challenges. Asian Institute of Management. Dela Cruz, R. S. (2013). The Licensure Examination for Teachers: Solution or anomaly? Manila Bulletin (M.B.com.ph). Retrieved from http://www.mb.com.ph/article.php?aid=10095&sid=22 &subid=72#.UaarXdJS3pd. United Nations (2005). EFA global monitoring report. Higher Education in the Philippines (2011). Wikipedia. Retrieved from http://en.wikipedia.org/wiki/Commission_on_Higher_ Education_(Philippines). Llagas, A. T. (2008). Educational laws and surveys programs and projects of the DepEd. Teacher Education Council, DepEd: Pasig City. Miralo, V. A. & Braid, F. R. (2000). Philippine educational system. Quezon City: Katha Publishing Co., Inc. Module 7 (n.d.). The role of Technical Education and Skills Development Authority (TESDA) to Philippine Development. Taguig City. Republic Act No. 7722. An Act Creating the Commission on Higher Education of 1994. Republic Act No. 7796. An Act Creating the Technical Education and Skills Development Authority of 1994. Republic Act No. 7784. An Act to Strengthen Teacher Education in the Philippines by Establishing Centers of Excellence Creating a Teacher Education Council of 1994.

Republic Act No. 7836. An Act to Strengthen the Regulation and Supervision of the Practice of the Teaching Profession and Prescribing a Licensure Examination for Teachers of 1994. Republic Act No. 7797. An Act to Lengthen the School Calendar from 200 Days to not more than 220 Class Days of 1994. Republic Act No. 9293. Ammendments to Certain Sections of RA No. 7836. Rothaermel, F. T. (2013). Global strategy: Competing around the world. New York, USA: McGraw-Hill Companies, Inc. The Global Competitiveness Report (2012). Labor Market Intelligence Report & Technical Education and Skills Development Authority.

APPENDICES
Relevant Laws in School Legislation
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18.
RA 7662, Providing Reform on Legal Education; RA 7722, Commission on Higher Education (CHED); RA 7731, Abolishing NCEE; RA 7743, Establishment of Congressional Cities, Municipal Libraries and Barangay Reading Centers in the Philippines RA 7784, Teachers Education Council and Establishment of Centers for Excellence for Teachers Education RA 7796, Creating the TESDA; RA 7797, Lengthening School Calendar to 220 school days; RA 7798, Establishment of Stock Educational Cooperatives; RA 7836, strengthening of the Regulation of the Practice Teaching in the Philippines and prescribing a Licensure Examination for Teachers RA 7889, Establishing UP in Mindanao; RA 8047, Book Publishing Industry Development Act; RA 8190, Granting Priority Appointment or Assignment to Public School Teachers Who Reside in a Barangay, Municipality or City near the school; RA 8292, Providing for Uniform Composition, Powers of the Governing Board, Manner of Appointment and Term of Office of the President of Chartered SUCs; RA 8491, Prescribing the Code of National Flag, Anthem, Motto, Coat of Arm and other Heraldic Items and Devices; RA 8492, Establishing a National Museum and providing for its Permanent Home; RA 8496, Establishing the Philippine Science High School System; RA 8525, Establishing Adopt a School Program; RA 8545, Providing Government Assistance to Students and Teachers in Private Education; and

19. RA 8557, establishing the Philippine Judicial Academy 20. 21.

that shall serve as a Training School for Justices, Lawyers and Court Personnel. RA 4670, the Magna Carta for Public School Teachers. R.A. 1265 and DECS Ruling #8: Penalizing all educational institutions which do not observe the flag ceremony. Supreme Court resolution declares that all school children cannot be compelled to salute and pledge allegiance to the flag if their religious beliefs ban them from doing so. R.A. 6728: Government Assistance to Students and Teachers of Private Education (GASTPE). R.A. 8445: amending R.A. 6728: An Act providing government assistance to students and teachers of private education, Expanded Government Assistance to Students and Teachers in Private Education Act. R.A. 8187: Paternity Leave Act of 1996 grants paternity leave of seven (7) days with full payment to married male employees for the first four deliveries of the legitimate spouse with whom he is cohabiting; such leave is not cumulative and non-convertible to cash. R.A. 7192: An Act Promoting the Integration of Women as Full Partners of Men in Development and Nation Building and for Other Purposes. Educational Assistance Act of 1976: Study Now Pay Later Plan P.D. 176: Ownership, Control and Administration of Educational Institutions R.A. 6655 and DECS Order # 44, s. 1988: An Act Establishing and Providing for A Free Public Secondary Education and for Other Purposes; otherwise known as Free Public Secondary Act of 1988 R.A. # 4090: Provides for State Scholarship in Science, Arts and Letters for the poor but deserving students; creating a State Scholarship Council to integrate, systematize, administer, and Implement all program scholarships and appropriating funds thereof. R.A. 5447: Creation of a Special Education Fund Act enacted in 1968 (to be constituted from the proceeds of an additional real property tax and certain portion of taxes in Virginia type cigarettes and duties imposed on imported tobacco leaf. Activities shall be limited to: organization and extension of classes construction and repair of school buildings (aiding provincial, municipal, city and barrio schools) acquisition of school sites.

22. 23.

24.

25. 26. 27. 28.

29.

30.

31. 32.

33. R.A. 1124 created 15 members of the Board of National

Education and reduced the membership of the Board to eight (8). The highest policy making body in formulating educational policies and direction and interests. R.A. 6139: regulated the sectarian schools/private schools in charging higher tuition fees. R.A. 5698: Legal Education Board was created to improve the quality of law schools. R.A. 7687: an Act instituting/establishing scholarship program for courses that will encourage the students to pursue careers in science and technology. (Science and Technology Scholarship Act of 1994) R.A. 7743 : Establishment of city and municipal libraries. R.A 7880: An Act providing for the fair and equitable allocation of the DECS Budget for the Capital Outlay (Fair and Equitable Access to Education Act). R.A. 8292: Higher Education Modernization Act of 1997; establish and maintain and support a complete, adequate, and integrated system of education relevant to the needs of the people and society. R.A. 6850: An Act To Grant Civil Service Eligibility Under Certain Conditions To Government Employees Appointed Under Provisional or Temporary Status Who Have Rendered a Total of Seven (7) Years of Efficient Service. R.A.8525: 1998 Act Establishing Adopt-A-School Program; allowing private companies to assist/support in upgrade and modernization of public schools particularly those in poverty-stricken provinces. R.A. 8491 : Prescribing the code of the national flag, anthem, motto, coat of arms and other heraldic items and devices of the Philippines (Flag and Heraldic Code of the Philippines) R.A. 7686: an Act to Strengthen the Manpower Education and Training in the Philippines by institutionalizing the Dual Training System as An Instructional Delivery System of Technical, and Vocational Education and Training; otherwise known as Dual Training System Act of 1994 R.A. 7797: an Act To Lengthen the School Calendar From Two Hundred Days to Not More Than Two Hundred Twenty (220) class days R.A. 8190: An Act Granting Priority to Residents of the Barangay, Municipality or City Where the School is

34. 35. 36.

37. 38. 39.

40.

41.

42.

43.

44. 45.

46.

47.

48. 49. 50. 51. 52. 53.

Located in the Appointment or Assignment of Classroom Public School Teachers. R.A. 6972: an Act Establishing A Day Care Center in Every Barangay, Instituting Therein A Total Development and Protection of Children Program, Appropriating Funds Thereof, and for Other Purposes. R.A. 7624: An Act Integrating Drug Prevention and Control in the intermediate and Secondary Curricula As Well As In the Non-formal, Informal and Indigenous Learning System and for Other Purposes R.A. 7165: An Act Creating The Literacy Coordinating Council, Defining Its Powers and Functions, Appropriating Thereof, and for Other Purposes R.A. 7743: An Act Providing For the Establishment of Congressional City, and Municipal Libraries and Barangay Reading Centers Throughout The Philippines R.A. 7877: Anti-Sexual Harassment Act of 1995 R.A. 9163: National Service Training Program (NSTP) of 2001 R.A. 6139: An Act to Regulate Tuition and Other School Fees of Private Educational Institutions. RA 10533 Enhanced Basic Education Act of 2013, also known as the K to 12 Basic Education Act

1987 Philippine Constitution

Excerpt from Article XIV, 1987 Philippine Constitution (Education, Science & Technology, Arts, Culture & Sports) This is the very fundamental legal basis of education the Philippines. It stipulates the following: the right of all citizens to quality education of all levels provision for complete, adequate and integrated system of education free public education in the elementary and secondary levels availability of scholarship grants, loan programs, subsides and other incentives for deserving students in the public and private schools provision for non-formal, informal and indigenous learning systems inclusion of the study of Constitution in the curriculum

education to put emphasis on the inculcation of nationalism & patriotism as well as other values deemed important in developing better persons and responsible citizens supervision and regulation of all educational institutions by the State sole ownership of educational institutions by at least 60% of the capital from Filipino citizens tax exemptions for non-stock and non-profit educational institutions enjoyment of academic freedom (teachers, students, institutions) in all institutions of higher learning States protection for academic, non-academic and nonteaching personnel Highest budgetary allocation for education Filipino as the national language; Filipino and English as official languages for use in communication and instruction creation of National Language Commission promotion of science and technology preservation and enrichment of Filipino culture promotion of physical education and other related programs

The cover design for this project was first used in the lay-outing of the Mother Tongue-Based Multilingual Education Learners Material for Grade 2. This is the second version of the cover, collaboratively crafted by Raymar Francia and Rejulios Villenes.