Programa Rey con Barba: Manolo Fernández – La ivermectina es mejor que la vacuna contra la COVID-19

!)+" Article 14, Section 2: The State shall:

(1) Establish, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of the people and society;

(2) Establish and maintain, a system of free public education in the elementary and high school levels. Without limiting the natural rights of parents to rear their children, elementary education is compulsory for all children of school age;

(3) Establish and maintain 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 under-privileged;

(4) Encourage 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 needs; and

(5) Provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational efficiency, and other skills.

• Compulsory education is only up to elementary.

• The obligation to give quality education also has an effect on the obligation and right of public school teachers.

Article 14, Section 5: (1) the State shall take into account regional and sectoral needs and conditions and shall encourage local planning in the development of educational policies and programs.

(2) Academic freedom shall be enjoyed in all institutions of higher learning.

(3) Every citizen has a right to select a profession or course of study, subject to fair, reasonable, and equitable admission and academic requirements.

(4) The State shall enhance the right of teachers to professional

advancement. Non-teaching academic and non-academic personnel shall enjoy the protection of the State.

(5) The State shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment.

• The intent of the Convention was to guarantee the academic freedom and administrative autonomy of educational institutions.

• Garcia v. Faculty Admissions Committee (Frankfurter through Fernando, J.): the four essential freedoms of a university – to determine for itself on academic grounds who may teach, what may be taught, how it shall be taught and who may be admitted to study. • This also means freedom of intellectual enquiry.

• Minimum standards to satisfy due process: (a) students must be informed in writing of the nature and cause of any accusation against them; (b) they shall have the right to answer the charges against them, with the assistance of counsel, if desired; (c) they shall be informed of the evidence against them; (d) the evidence must be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case.

Tablarin v Gutierrez

Petitioners claim that there was undue delegation of legislative power granted to the Board of Medical

Education in that no sufficient standard had been set by the law for the board’s promulgation of rules and regulations, and thus released a regulation that

required the passing of the NMAT for aspiring medical students. Court held that the doctrine of non-delegation of legislative powers has been made to adapt itself to the complexities of modern government, and so giving rise to subordinate legislation. The standards set for subordinate legislation are necessarily broad and highly abstract and therefore the Board was acting within its scope. Court further ruled that the desirability or wisdom or utility

!)!" of legislation or administrative regulation is not a matter to be decided upon

by the courts.

University of the Philippines vs. Ayson (1989)

FACTS: The UP Board of Regents recommended the phasing out of the UP College Baguio High School (UPCBHS) and in line with this, Dean Patricio Lazaro issued a memorandum directing the principal of UPCBHS not to accept any incoming freshmen anymore. The reason for this is that the High School does not serve the purpose for which it was created which were: 1)to be a self-supporting high school and 2) that it will serve as a laboratory school for prospective teachers. The UPCBHS filed a petition with herein respondent RTC judge Ayson alleging that the decision was without basis and unconstitutional because it violates the rights to quality education and free public secondary education. Petitioners, on the other hand, are claiming their right to exercise of academic freedom.

ISSUE: WON the phasing out of UPCBHS is a valid exercise of academic freedom

HELD: Yes. The University of the Philippines as an institution of higher learning enjoys academic freedom. UPCBHS was established subject to a number of conditions, which were not met. The University of the Philippines was created under its

charter to provide advanced tertiary education and not secondary education. Secondary education is not the mandated function of the University of the Philippines. As an institution of higher learning enjoying academic freedom, the UP cannot be compelled to provide secondary education. However, should UP operate a high school in the exercise of academic freedom, RA 6655 requires that the students enrolled therein “shall be free from payment of tuition and other school fees.”

Alcuaz vs. PSBA (1989)

FACTS: Petitioners are students of PSBA. They are questioning the dismissal of Tamayo, Encarnacion and Cortes, who are all teachers of the PSBA. They hold that the teachers were dismissed

without due process. Tamayo had been with the PSBA for 3 " years,

Encarnacion for 2 " years and Cortes for 1 " years. They were dismissed for engaging in unlawful demonstrations.

ISSUE: Won dismissal is valid

HELD: Yes. Full-time teachers who have rendered 3 years of satisfactory service shall be considered permanent. Thus, having attained a permanent status they cannot be removed from office except for just cause and due process. Tamayo is permanent but having joined the unlawful rally, his performance is deemed far from satisfactory. The other 2 on the other hand do not enjoy the permanency status.