Consti Report

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ART. XIV

ART. XIVEducation, Science & Technology, Arts, Culture and Sports Education. SEC1. THE Promotion of Right to education TO ALLQuality EducationAffordable EducationRelevant EducationDOCTRINES: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 AccusationThe right to answer the accusationInformed of the evidence against themThe right to adduce evidence in their own behalfThat evidence must be duly considered by the Investigation BodySEC2. MEANS of PROMOTIONSupport of Complete, Adequate and Integrated System of EducationFree Public Education in Elementary and High School LevelsMaintain System of Scholarship grants, Student LoanNon-Formal, Informal and Indigenous Learning SystemsAdult 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 INSTITUTIONSInclude the study of the Constitution in the CurriculaInculcate Patriotism and NationalismFoster Love of HumanityRespect Human Rights, Appreciation of the Role of National Heroes in Historical DevelopmentTeach the Rights and Duties of CitizenshipSEC3. DUTIES OF EDUCATIONAL INSTITUTIONSStrengthen ethical and spiritual valuesDevelop Moral Character and Personal DisciplineEncourage Critical and Creative ThinkingBroaden Scientific and Technological KnowledgePromote Vocational Efficiency

SEC3. DUTIES OF EDUCATIONAL INSTITUTIONSReligion classes be taught, at the option in writing by the ParentsBy 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 INSTITUTIONSOwnership: (except if ran by Religious Groups)Filipino CitizensCorporations with 60% Capital owned by FilipinosSEC4. fILIpinization of EDUcational INSTITUTIONSControl and Administration:Filipino CitizensPresident, Dean, Principal, Board of TrusteesSEC4. fILIpinization of EDUcational INSTITUTIONSStudent 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 exemptionRevenues and Assets of Non-Stock and Non-Profit Educational InstitutionalProprietary Educational InstitutionDonations to Educational Institution.

Provided, the above are Used Actually, Directly, Exclusively for EDUCATIONAL PURPOSES. SEC5. STATES REASONABLE SUPERVISION & REGULATIONTake into account Regional and Sectoral Needs and Encourage Local Planning in Educational Policies and ProgramsAcademic Freedom in all Institutions of Higher LearningCitizens right to Select a Profession or Course of Study SEC5. STATES REASONABLE SUPERVISION & REGULATIONRight 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 FREEDOMOf the Faculty;Full freedom in research and in publication of resultsFreedom in the classroom in discussing his subject.That he is a citizen. A Member of the Learned Profession. An officer in an Educational Insitution.

ACADEMIC FREEDOMOf the Institutions of Higher Learning;Objective; To provide atmosphere conducive to Speculation, Experiment and Creation. Who may teachWhat may be taughtHow it shall be taughtWho may be admitted to study.

ACADEMIC FREEDOMOf 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. LanguageFilipino, 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 & TECHnologyGive 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 & CULTUREFoster Preservation of the Filipino Native CultureArts 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. SPORTSPromote PE and Encourage Sports Programs, League Competitions and Amateur SportsRegular Sports ActivitiesART. XVThe FamilySEC1. Family as foundation of the nationState shall strengthen its Solidarity, and Actively Promote its total development.SEC2. Marriage, an inviolable institutionThe foundation of the FamilyShall be Protected by the State.SEC3. state guarantees in re: the FamilyRight to found a family, in accordance with Religious Convictions and demands of Responsible ParenthoodRight to Assistance, Proper Care, Nutrition and Special Protection from Neglect, Abuses and Other Conditions prejudicial to their developmentRight to a Family Living Wage and IncomeRight to Participate in the Planning and Implementation of Policies that affect the Family.SEC4. FAMILY DUTY of CARE for its eldersState shall provide Programs of Social Security.THANKYOU.Phyllisabelle Bethany Woo General. XU College of Law - Zamboanga