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
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 reinvestment
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:
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.

ARTICLE XVII- AMENDMENTS OR REVISIONS

Definitions:
1) Amendment: an alteration of one or a few specific provisions of the Constitution. Its main
purpose is to improve specific provisions of the Constitution. The changes brought about by
amendments will not affect the other provisions of the Constitution.
2) Revision: An examination of the entire Constitution to determine how and to what extent it
should be altered. A revision implies substantive change, affecting the Constitution as a whole.
Constituent power v. Legislative power
1)
Constituent power is the power to formulate a Constitution or to propose amendments to or
revisions of the Constitution and to ratify such proposal. Legislative power is the power to pass,
repeal or amend or ordinary laws or statutes (as opposed to organic law).
2)
Constituent power is exercised by Congress (by special constitutional conferment), by a
Constitutional Convention or Commission, by the people through initiative and referendum, and
ultimately by sovereign electorate, whereas legislative power is an ordinary power of Congress and
of the people, also through initiative and referendum.
3)
The exercise of constituent power does not need the approval of the Chief Executive,
whereas the exercise of legislative power ordinarily needs the approval of the Chief Executive,
except when done by people through initiative and referendum.
Three (3) steps necessary to give effect to amendments and revisions:
1) Proposal of amendments or revisions by the proper constituent assembly;
2) Submission of the proposed amendments or revisions; and
3) Ratification
Proposal of amendments:
Amendments may be proposed by:
A. Congress, acting as a constituent assembly, by a 3/4 vote of all its members.

The power of Congress to propose amendments is NOT part of its ordinary legislative power.
The only reason Congress can exercise such power is that the Constitution has granted it such
power.

B. Constitutional Convention:

1) How a Constitutional Convention may be called

a). Congress may call a ConCon by a 2/3 vote of all its members; or
b). By a majority vote of all its members, Congress may submit to the electorate the question of
whether to call a ConCon or not.
2) Choice of which constituent assembly (either Congress or ConCon) should initiate amendments
and revisions is left to the discretion of Congress. In other words, it is a political question.
3) BUT: The manner of calling a ConCon is subject to judicial review, because the Constitution has
provided for vote requirements.
4) If Congress, acting as a constituent assembly, calls for a ConCon but does not provide the details
for the calling of such ConCon, Congress exercising its ordinary legislative power may supply
such details. But in so doing, Congress (as legislature) should not transgress the resolution of
Congress acting as a constituent assemble.
5) Congress, as a constituent assembly and the ConCon have no power to appropriate money for
their expenses. Money may be spent from the treasury only to pursuant to an appropriation made
by law.
C. Peoples Initiative
1) Petition to propose such amendments must be signed be at least 12% of ALL registered voters.
2) Every legislative district represented by at least 3% of the registered voters therein.
3) Limitation:
It cannot be exercised oftener than once every 5 years.
Note:
1)
While the substance of the proposals made by each type of constituent assembly is not subject
to judicial review, the manner the proposals are made is subject to judicial review.
2)
Since these constituent assemblies owe their existence to the Constitution, the courts may
determine whether the assembly has acted in accordance with the Constitution.
3)

Examples of justiciable issues:

a)
Whether a proposal was approved by the required number of votes in Congress (acting as a
constituent assembly).
b)

Whether the approved proposals were properly submitted to the people for ratification.

Proposal of Revisions

1)

By Congress, upon a vote of 3/4 of its members

2)

By a constitutional convention

Ratification

1)

Amendments and revisions proposed by Congress and/or by a ConCon:

a)

Valid when ratified by a MAJORITY of votes cast in a plebiscite.

b)
Plebiscite is held not earlier than 60 days nor later than 90 days from the approval of such
amendments or revisions.
2)

Amendments proposed by the people via initiative:

a)

Valid when ratified by a MAJORITY of votes cast in a plebiscite.

b)
Plebiscite is held not earlier than 60 days nor later than 90 days after the certification by
COMELEC of the petitions sufficiency
3)

Requisites of a valid ratification:

a)

Held in a plebiscite conducted under the election law;

b)

Supervised by the COMELEC; and

c)

Where only franchised voters (registered) voters take part.

4)

Issues regarding ratification:

a)
The Constitution does not require that amendments and revisions be submitted to the people
in a special election. Thus, they may be submitted for ratification simultaneously with a general
election.
b)
The determination of the conditions under which proposed amendments/revisions are
submitted to the people falls within the legislative sphere. That Congress could have done better
does not make the steps taken unconstitutional.
c)
All the proposed amendments/revisions made by the constituent assemblies must be
submitted for ratification in one single plebiscite. There cannot be a piece-meal ratification of
amendments/revisions.
d)
Presidential proclamation is NOT required for effectivity of amendments/revisions, UNLESS
the proposed amendments/revisions so provide.