Education provisions in the Bangsamoro Organic Law

Education-relevant provisions under the Republic Act 11054 or the Bangsamoro Organic Law:

(a) Authority over Regional Educational System. - The Bangsamoro Government has authority over education and skills training1;

(b) Governance for General Welfare. - Power of efficient and effective governance and those essential to the promotion of general welfare2;

(c) National Representation. - Representation in national departments and similar offices implementing and enforcing policies, programs and projects in Bangsamoro3;

(d) Development assistance to out-of-region Bangsamoro Communities. - Assistance to other Bangsamoro communities outside of the region in coordination with the concerned national agencies and local government units to enhance their socio-economic and cultural development4;

(e) National-Regional Synergy. - Continuation of nationally-funded programs and projects in the region without prejudice to the power of the Bangsamoro government providing supplemental funding for such programs and projects5;

(f) Education and Civil Service. - The enactment of a regional civil service law based on merit and fitness and eligibility protection6;

(g) Public Transparency, Efficiency, Accountability and Morality. - Public office is an amanah (public trust) and public officials and personnel shall be at all times accountable to the people, to serve with utmost responsibility, integrity, loyalty and efficiency, performing one’s duties with patriotism and justice and leading modest lives7;

(h) Historical Contexts. - Educating the children and youth the contexts and histories behind the redress of historical injustices, human rights violations and marginalization in the Bangsamoro homeland8;

(i) Minority Protection. – Rights and privileges of the non-Bangsamoro indigenous peoples9, settlers’ communities10 and other indigenous cultural minorities, such as the Badjaos. Further, this protection applies to children and youth with disability and those from geographically isolated and socially disadvantaged backgrounds.

(j) Religious Freedom. - Guarantee of religious freedom and the free exercise thereof, including the pursuit of activities consistent with their religious beliefs and values11;

(j) Education in Emergencies. - Provision, maintenance, and inurement of basic and responsive quality of education, including appropriate disaster-preparedness12. Further, this implies that education of children and youth should continue and be protected at all times, including in situations of natural calamities and man-made crises; and provisions of life-saving, life-sustaining, and BARMM-context education interventions during emergencies that are at par with but not limited to the Inter-agency Network for Education in Emergencies (INEE)13 principles and practices and Comprehensive Emergency Program for Children and Youth in accordance with Republic Act 1082114;

(k) Child and Adolescent Care and Development. - Recognition of the rights of children and youth, especially the orphans; and their protection from exploitation, abuse, and discrimination; development of policies, programs, and projects with their best interest and utmost consideration at heart – survival, education, and development15. Further, this provision shadows relevant provisions in Presidential Decree 603 (1974)16 and Republic Act 761017 and shall be implemented in and adapted to the regional context, with inclusive policies and affirmative programs and support for children and youth from disadvantaged backgrounds. Furthermore, implies prohibition and zero tolerance on all forms of violence in a school setting, including corporal punishment, bullying, discrimination, and abuse; and towards this “zero tolerance” shall be the adoption of policies to strengthen child and youth protection and penalties against perpetrators.

(l) Integrated Development System. - Integration and promotion of the principles and practice of Gender and Development (GAD), Sustainable Development (SD), Disaster Risk Reduction and Management (DRRM) and Climate Change Adaptation (CCA), Holistic Culture of Peace (CoP)18 and Halal way of living19 and livelihood20 in the regional educational system that is relevant to the regional context and cultural ecology.

Footnotes:
1 Section 2 (m), Article V – Powers of Government, Bangsamoro Organic Law
2 Section 3, Article V – Powers of Government, Bangsamoro Organic Law
3 Section 11, Article VI – Intergovernmental Relations, Bangsamoro Organic Law
4 Section 12, Ibid.
5 Section 13, Ibid.
6 Section 39, Article VII – Bangsamoro Government, Bangsamoro Organic Law
7 Section 41, Ibid.
8 Section 1. Transitional Justice, Article IX – Basic Rights, Bangsamoro Organic Law
9 Section 3. Indigenous Peoples Rights and Section 4. Customary Rights and Traditions, Ibid.
10 Section 15, Article IX Basic Rights, Bangsamoro Organic Law
11 Section 5. Religious Freedom, Indigenous Peoples Rights and Section 4. Customary Rights and Traditions, Ibid.
12 Section 8. Right of Access to Basic Services, Ibid.
13 INEE website - https://inee.org/
14 Republic Act 10821 - Children’s Emergency Relief and Protection Act - https://www.officialgazette.gov.ph/2016/05/18/republic-act-no-10821/
15 Section 13. Rights of the Youth and Section 14. Rights of Children, Article IX – Basic Rights, Bangsamoro Organic Law.
16 Presidential Decree 603 (1974) – The Child and Youth Welfare Code - http://www.chanrobles.com/childandyouthwelfarecodeofthephilippines.htm#.XTN9RegzYr8
17 Republic Act 7610 - Special Protection of Children Against Abuse, Exploitation and Discrimination Act - https://www.pcw.gov.ph/law/republic-act-7610
18 The Holistic Culture of Peace in Mindanao as developed by Notre Dame University and includes the following themes: Inner Peace, Human Rights, Multiculturalism, Environmentalism, Active Non-Violence, Social Justice - https://www.researchgate.net/figure/Flower-petal-Model-of-Peace-Education_fig3_237595471
19 Halal way to a better life for all - https://www.thestar.com.my/opinion/letters/2005/02/01/halal-way-to-a-better-life-for-all/#LJIe3ucxbjkXFEXU.99
20 Halal Livelihood - http://www.alansaar.org/halal-livelihood/

Educational Provisions in the 1987 Philippine Constitution

The following are constitutional provisions on education under Article XIV Education, Science and Technology, Arts, Culture, and Sports of the 1987 Constitution, which are hereby reiterated:

a) Right to Education. - The right of all citizens to access and quality education at all levels1. Furthermore, education is one of the most powerful tools in uplifting the lives of marginalized children from poverty and bringing them into productive engagement in society.

b) System of Education. - Establishment, maintenance, and support of a complete, adequate, and integrated system of education relevant to the needs of the people and society2. Further, this provision implies the inclusion of alternative delivery models in order to reach out to all children and youth from disadvantaged and different backgrounds.

c) Ius Naturale. - The natural right of parents to rear their children3. Further, this provision implies the promotion of positive discipline, values, and resilience and the promotion of a positive culture of peace among individuals and families, at home and in the community;

d) Mandatory Education. - A compulsory elementary education for all school-aged children4; Further, this compulsory education will be free and universal starting from early childhood care and development.

e) Affirmative Support. - Establishment and maintenance of a system of scholarship grants, student loan programs, subsidies, and other incentives which shall be available to deserving students in both public and private schools, especially to the underprivileged5. Further, this implies that those who have less in life should have more in law, thus, the differently-abled, cultural minorities and the geographically isolated and socially-disadvantaged (GIDA) are to be provided this kind of affirmative support.

f) Types of Learning. - Encouragement of non-formal, informal, and indigenous learning systems, as well as self-learning, independent, and out-of-school study programs particularly those that respond to community needs6;

g) Lifelong Learning. - Provision for adult citizens, the disabled, and out-of-school youth with training in civics, vocational efficiency, and other skills7;

h) Global Learning. - Fostering a love of humanity, teaching the rights and duties of citizenship, strengthening ethical and spiritual values, developing moral character and personal discipline, encouraging critical and creative thinking, broadening scientific and technological knowledge, and promoting vocational efficiency8;

i) Complementary Roles. - Ensuring the complementary roles of public and private institutions in the educational system and reasonable supervision and regulation of all educational institutions9;

j) Education Ownership and Control. - Educational institutions shall be owned solely by citizens of the Philippines or corporations or associations at least sixty per centum of the capital of which is owned by such citizens. The control and administration of educational institutions shall be vested in citizens of the Philippines10;
 

(k) Tax and Duties Exemption. - All revenues and assets of non-stock, non-profit educational institutions used actually, directly, and exclusively for educational purposes shall be exempt from taxes and duties; proprietary educational institutions, including those cooperatively owned, may likewise be entitled to such exemptions subject to the limitations provided by law including restrictions on dividends and provisions for reinvestment11. Further, subject to conditions prescribed by law, all grants, endowments, donations, or contributions used actually, directly, and exclusively for educational purposes shall be exempt from tax12;

l) Academic Freedom. - Academic freedom shall be enjoyed in all institutions of higher learning13;

m) Right to Select Profession. - Every citizen has a right to select a profession or course of study, subject to fair, reasonable, and equitable admission and academic requirements14;

n) Professional Advancement. - The right of teachers to professional advancement. Equally, the rights of non-teaching academic and non-academic personnel shall also be protected15;

o) Education as the Government Priority. - Assigning the highest budgetary priority to education and ensuring that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment16;

p) Use of Languages. - While the official languages are Filipino and English, the regional languages, including Arabic, shall be the official auxiliary languages in the region and shall serve as auxiliary media of instruction therein17;

q) Science and Technology. - Science and technology are essential for national development and progress. Priority shall be given to research and development, invention, innovation, and their utilization; and to science and technology education, training, and services; and to support indigenous, appropriate, and self-reliant scientific and technological capabilities, and their application to the country’s productive systems and national life18;

r) Research Incentives. - Provision for incentives to encourage private participation in programs of basic and applied scientific research. Scholarships, grants-in-aid, or other forms of incentives shall be provided to deserving science students, researchers, scientists, inventors, technologists, and specially gifted citizens19;

s) Technology Adaptation and Transfer. - Regulation of the transfer and promotion of the adaptation of technology from all sources for the national benefit. It shall encourage the widest participation of private groups, local governments, and community-based organizations in the generation and utilization of science and technology;

t) Intellectual Property Rights. - Protection and securement of the exclusive rights of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as may be provided by law20;

u) Unity in Diversity. - Preservation, enrichment, and dynamic evolution of a Filipino national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression21;

Footnotes
1 Section 1, Article XIV Education, Science and Technology, Arts, Culture, and Sports, 1987 Constitution, https://www.officialgazette.gov.ph/constitutions/1987-constitution/. Also, the Universal Declaration of Human Rights affirms that education is a fundamental right of everyone.


2 Section 2, Ibid.


3 Ibid.


4 Ibid.


5 Ibid.


6 Ibid.


7 Ibid.


8 Section 3, Ibid.


9 Section 4, Ibid.


10 Section 4, Article XIV Education, Science and Technology, Arts, Culture, and Sports, 1987 Constitution, https://www.officialgazette.gov.ph/constitutions/1987-constitution/


11 Ibid.


12 Ibid.


13 Section 5, Ibid.


14 Ibid.


15 Ibid.


16 Ibid.


17 Sections 6 and 7, Ibid.


18 Section 10, Article XIV Education, Science and Technology, Arts, Culture, and Sports, 1987 Constitution, https://www.officialgazette.gov.ph/constitutions/1987-constitution/


19 Section 11, Ibid.


20 Section 12, Ibid.


21 Section 13, Ibid.

Constitutional Principles and Policies Relevant to Moro/Muslim Education

The following general principles under the 1987 Constitution are very relevant to Muslim/Moro education:

a) Human Dignity and Social Justice. - The dignity of every human person is valued and full respect for human rights1 is guaranteed as well as social justice in all phases of development2. Furthermore, equitable opportunities based on one’s advantages and disadvantages in life are also to be provided.

b) Youth Welfare and Public Participation. – Recognition of the vital role of the youth in nation-building and the promotion and protection of their physical, moral, spiritual, intellectual, and social well-being; the inculcation of patriotism and nationalism, and encouragement of their involvement in public and civic affairs3;

c) Women, Family, and Rearing. - The role of women in nation-building, and the fundamental equality before the law of women and men4 are recognized; the sanctity of family life and the protection and strengthening of the family as a basic autonomous social institution, and the natural and primary right and duty of parents in rearing the youth for civic efficiency and the development of moral character5;

d) Indigeneity. - The recognition and promotion of the rights of indigenous cultural communities within the framework of national unity and development6;

e) Public Health and Ecology. - The right to health of the people and the obligation of the state to instill health consciousness among them and to a balanced and healthful ecology according to the rhythm and harmony of nature7;

f) Education and Development Nexus. - Priority is given to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development8;

Footnotes:
1 Section 11, Article II - Declaration of Principles and State Policies, 1987 Constitution, https://www.officialgazette.gov.ph/constitutions/1987-constitution/
2 Section 2, Article XIII - Social Justice and Human Rights, 1987 Constitution, https://www.officialgazette.gov.ph/constitutions/1987-constitution/
3 Section 13, Article II - Declaration of Principles and State Policies, 1987 Constitution, https://www.officialgazette.gov.ph/constitutions/1987-constitution/
4 Section 14, Ibid.
5 Section 12, Ibid
6 Section 22, Ibid.
7 Sections 15 and 16, Ibid
8 Section 17, Ibid.