Philippine Laws that Support Special Education and
Inclusive Education
Republic Act No. 10533: Enhanced Basic Education Act of 2013
I. Title and Purpose
Republic Act No. 10533, or the
Enhanced Bas ic Education Act of 2013,
was created to improve education quality in
the Philippines. It added two years to basic
education, changing the duration from 10 to
12 years. The law aims to prepare students
for work, college, and life-long learning. It
g also focuses on ensuring that learners have
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access to relevant, inclusive, and quality education (RA 10533, Sec. 2, 2013).
II. K to 12 Program
The law introduced the K to 12 program, which includes one year of
Kindergarten, six years of elementary education, four years of junior high
school, and two years of senior high school (RA 10533, Sec. 4, 2013).
Research Result: According to Deysolong (2023), her research found that
K to 12 improved college readiness and skills but faced challenges like lack of
resources, added costs, and job mismatches. She recommends better
funding, financial aid, and stronger school-industry partnerships.
For Grades K to 3, the Mother Tongue-Based Multilingual Education
(MTB-MLE) approach is used. This means the mother tongue is the main
language of instruction. Filipino and English are introduced starting in Grade
4 and become the primary languages in high school (RA 10533, Sec. 5,
2013).
Research Result: A classroom-level evaluation of MTB-MLE at Argao
Central Elementary School in Cebu revealed benefits in student
understanding and multi-grade adaptation (Narvacan et al., 2023)
III. Alternative Learning System (ALS)
RA 10533 gives access to the Alternative Learning System for
out-of-school youth and learners with special needs. ALS provides a pathway
back to basic education and employment. Many who pass the A&E exam
continue with further studies or vocational training (World Bank, 2020; DepEd,
2020).
Example: Juan, a 17-year-old dropout, was able to continue his education
through ALS and prepare for technical-vocational training, demonstrating
the inclusivity of the law.
IV. Teacher and Leadership Development
Teachers are required to undergo additional training to meet the higher
standards of the enhanced curriculum. New teachers must also satisfy these
updated requirements. School leaders, including principals and supervisors,
receive training to enhance their instructional and administrative leadership
(RA 10533, Secs. 7-8, 2013).
Licensed professionals (e.g., engineers, nurses) can teach by earning
required education units and passing the LET. This pathway addresses
teacher shortages and allows experts to share industry knowledge, especially
in Senior High School tracks.
Example: Professionals from fields like science, math, and
technical-vocational education may be hired to fill gaps and improve teaching
quality.
V. Career Guidance and Senior High School Tracks
The law mandates career guidance programs to help
students select the appropriate Senior High School tracks.
This ensures that learners make informed choices aligned
with their interests and future careers (RA 10533, Sec. 9,
2013).
On top of the fifteen subjects in the core curriculum, the
remaining sixteen subjects are spread over the 4 Senior
High School (SHS) tracks: 1) Academic, 2) Arts and Design,
3) Sports, and 4) Technical-Vocational-Livelihood.
Jayme (2024) emphasizes the importance of comprehensive career
guidance and counseling programs to address mismatched career choices.
VI. Oversight, Review, and Transition
A Joint Congressional Oversight Committee was formed to monitor
the law’s implementation. DepEd must review the program to identify
shortages in teachers, classrooms, and learning materials. DepEd, CHED,
and TESDA work together to manage the transition from the old 10-year
system to K to 12, including partnerships with private schools. The program is
funded through DepEd’s budget and the national government (RA 10533,
Secs. 10-11, 2013).
Republic Act 8371: Indigenous Peoples' Rights Act of 1997 (IPRA)
I. Title and Purpose
Republic Act No. 8371, also known as
the Indigenous Peoples' Rights Act
(IPRA), was enacted on October 29, 1997.
The law recognizes, protects, and
promotes the rights of Indigenous
Peoples (IPs) in the Philippines. It aims
to safeguard their ancestral lands, preserve
their cultures and traditions, and ensure
their participation in national development. It establishes a legal framework
that empowers Indigenous Cultural Communities (ICCs) and Indigenous
Peoples (IPs) to assert their rights over their lands, resources, and
governance.
II. Ancestral Domains and Lands
IPRA grants Indigenous Peoples the right to own, use, and manage
their ancestral domains. These ancestral domains include lands, forests,
and waters traditionally occupied or used by IPs, which are crucial to their
cultural identity and way of life.
Example: The Ifugao people have managed the Rice Terraces in the
Cordillera region for over 2,000 years. Recognized as a UNESCO World
Heritage Site, these terraces are protected under the IPRA (UNESCO World
Heritage Centre, n.d.).
III. Right to Self-Governance
IPRA acknowledges the right of Indigenous Peoples to follow their own
governance systems, which are based on traditional laws, leadership, and
decision-making processes. This ensures that Indigenous Peoples have
autonomy over internal matters without interference from external authorities.
Example: The Kalinga people in
the Cordillera region continue to
resolve conflicts through the “Bodong”
or peace pact system. This system is
recognized by the law, where tribal
leaders, as peacemakers, maintain
peace and uphold the integrity of the
pact (Ngalob & Sacgaca, 2021). [Link]
IV. Social Justice and Human Rights
IPRA guarantees that Indigenous Peoples
are entitled to education, employment, and
social services on an equal footing with
other citizens. This provision aims to eliminate
discrimination and promote equality for IPs in
various aspects of life.
Example: Skills development programs
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are also available to Indigenous Peoples, such as those for the Matigsalug
tribe in Mindanao, who completed training in indigenous crafts and livelihood
skills organized by AboitizPower and its partners (AboitizPower, 2022).
V. Cultural Integrity
The IPRA law aims to protect the cultural heritage of Indigenous
Peoples by safeguarding their traditions, languages, and knowledge systems.
This provision helps prevent the exploitation and appropriation of their cultural
practices by external forces, ensuring that Indigenous cultures are preserved
and respected.
Example; Ancient tattooing practice led by elders such as Apo Whang-Od
in Buscalan, Kalinga. Apo Whang-Od was acknowledged as a National Living
Treasure for preserving this tradition (Madarang, 2018).
VI. Free, Prior, and Informed Consent (FPIC)
The IPRA mandates that any development project (e.g., mining,
construction of dams, plantations) within the ancestral domains of IPs must
first receive their Free, Prior, and Informed Consent (FPIC). This ensures
that the Indigenous communities have a voice in decisions that affect their
lands, cultures, and way of life.
Example: A mining company wanted to operate in Subanen ancestral
lands. The Subanen refused to give consent, protecting their land and
resources (Laput, 2022).
VII. Oversight, Review, and Transition
The implementation of Republic Act 8371 is overseen by the National
Commission on Indigenous Peoples (NCIP), which ensures that the rights
and welfare of Indigenous Peoples are properly addressed. The law also
mandates a regular review of policies and programs to assess their
effectiveness and identify areas for improvement. Additionally, the NCIP is
responsible for coordinating with other government agencies to facilitate the
transition of Indigenous Peoples into the broader national framework,
ensuring that they are not marginalized in the development process. This
oversight ensures that Indigenous Peoples’ rights are upheld and that their
ancestral domains are properly managed and protected (Philippine News
Agency, 2021).
Presidential Decree No. 603: The Child and Youth Welfare Code
Presidential Decree No. 603, known as the Child
and Youth Welfare Code, was enacted on
December 10, 1974, under President Ferdinand
Marcos. It serves as the foundational legal
framework for the protection, development, and
welfare of Filipino children and youth.
I. General Principles
Presidential Decree No. 603, or the Child and Youth Welfare Code,
declares that children are vital assets of the nation and should be given every
opportunity for a happy and productive life. It views the child as an individual
whose natural abilities must be nurtured without compromising the common
good. The family is identified as the primary foundation for character
development, supported by schools, churches, communities, and the
government. The Code applies to individuals under 21 years old, except
those legally emancipated.
Classroom Example: In an inclusive education setting, this principle
means teachers must ensure that learners with disabilities or diverse needs
have equal access to learning materials and opportunities. For instance,
providing large-print books or assistive technology supports the idea of equal
development opportunities.
II. Rights of the Child
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Under Article 3, the Code outlines the fundamental rights of children.
These include the right to be born well, to a wholesome family life, and to
a well-rounded moral, intellectual, and social development. Every child
has the right to proper care, adequate food, clothing, shelter, health services,
and education. Children are entitled to protection against exploitation, neglect,
cruelty, and discrimination. They also have the right to grow up in an
atmosphere of peace, security, and dignity. Importantly, the State is tasked to
intervene if parents or guardians fail to provide these rights.
Classroom Example: A learner with autism has the same right to join group
activities like storytelling or play-based learning as neurotypical peers.
Teachers may modify activities but should not deny participation, aligning
with the right to recreation and socialization.
III. Duties of the Child (Articles 4-5)
The Code outlines children’s duties, emphasizing responsibility and
discipline. They must obey and honor parents, respect elders, customs, and
laws, and contribute to family unity. Children are also expected to fulfill civic
duties, respect authorities, value education, develop their talents, and use
their abilities to serve the nation.
Classroom Example: In a SPED classroom, a child with mild intellectual
disability can be encouraged to fulfill their duties by arranging their learning
materials, showing respect to teachers, and practicing peer collaboration.
IV. Parental Authority (Articles 43-45)
PD 603 recognizes parents’ natural and
primary authority over their children, including
rights to their company, guidance, and discipline,
along with the duty to provide education, moral
development, and support. This authority must
be exercised responsibly, without abuse or
neglect. If parents are found guilty of neglect,
abuse, or unfitness, their authority may be suspended or terminated, and
the State can provide substitute parental care.
V. Role of the State (Articles 8-10)
The State serves as a secondary protector of children, intervening
when families fail. It provides substitute care through foster families,
guardianship, or institutions and promotes child welfare through health,
education, and protection programs. PD 603 requires the government to
protect children from harm and create an environment for their growth as
responsible, productive citizens.
VI. Child and Youth Welfare Services (Articles 117-139, 205-209)
Articles 117–139 mandate that child and youth welfare services require
proper licensing and accreditation. These services include community
programs (guidance, counseling, recreation), institutional care (orphanages,
foster homes), and protective services against neglect and abuse. The
Council for the Welfare of Children leads in coordinating and evaluating
policies and programs nationwide.
VII. Children in Need of Special Protection (Articles 141-162)
The Code identifies children
needing special protection as
dependent (without parents or
guardians), neglected (lacking
proper care), abandoned (deserted
by parents), and handicapped
(with physical or mental disabilities).
It ensures their care through foster
care, adoption, and institutional
placement. Courts may declare
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children abandoned or neglected to
enable appropriate placement and protection.
Classroom Example: A visually impaired learner provided with Braille
materials and audio lessons demonstrates inclusive education measures to
protect and support handicapped children.
VIII. Juvenile Justice (Articles 189-200)
The Code considers a youthful offender as someone over nine but
under twenty-one who commits an offense. Children under nine are exempt
from liability, and those aged nine to fifteen are liable only if proven to act
with discernment. The law prioritizes rehabilitation and reintegration over
punishment, keeping proceedings confidential and allowing placement in
training institutions or foster care. Upon reform and reaching twenty-one,
cases may be dismissed to give them a fresh start.
Republic Act No. 7610: Republic Act No. 7610: Special Protection of
Children Against Abuse, Exploitation, and Discrimination
I. Title and Purpose
Republic Act No. 7610, enacted in 1992 and known as the Special
Protection of Children Against Abuse, Exploitation, and Discrimination
Act, tasks the state with safeguarding children’s rights and ensuring their
safety in all circumstances—guided by the principle of the best interests of
the child (RA 7610, Sec. 2, n.d.).
II. Definition of Terms
RA 7610 defines a ‘child’ as a person who is “below the age of 18 years
old, or over but cannot take care of themselves”. It also defines ‘child abuse’
as “the mistreatment of children. Whether habitual or not”. RA 7610 also
identified the different circumstances on how a child’s development and
safety may be affected:
a) Communities with armed conflict-related activities
b) Hazardous life conditions and poverty
c) Members of IP which can cause inadequate access
d) Man-made disasters or calamities
e) Any other circumstance that can influence the safety of the child.
III. Scope
RA 7610 identified the scope and different crimes
committed to children:
a) Child Prostitution and Sexual Abuse
b) Child Trafficking
c) Obscene Publications and Indecent Shows
d) Other Acts of Abuse
Example: In 2022, Philippine authorities rescued 23 minors from online
sexual exploitation and arrested three suspects in an anti-trafficking operation,
proving the law’s enforcement power (International Justice Mission, 2022).
IV. Addressing Child Safety in Different Circumstances
i. Child Employment
RA 7610 enables the child to engage in work even below the
age of 15 years old under the sole responsibility of their parent,
provided that it will not endanger the welfare of the child. It is
mandated that the employer has the responsibility towards the
child. This law also mandates the right to quality education to
those children who have not finished education, courtesy via
DEPED, culture and sports. (RA 7610, Sec. 12-16, n.d.).
ii. Children of Indigenous Cultural Communities
RA 7610 mandates the
responsibility of the government to
protect children from the
indigenous cultural communities
Children within this community are
entitled to development which is
consistent to the customs and [Link]
traditions of their respective communities. It assures them
survival, access to education, health and nutrition, discrimination,
and participation (RA 7610, Sec. 17-21, n.d.).
iii. Children in Situations of Armed Conflict
The term ‘Children as zones of peace’ was made to signify
the state and all other sector’s duty to protect all children from
armed conflict. It should be their goal to promote peace and to
coordinate negotiations in order to assure safety. This would
include (RA 7610, Sec. 22-26, n.d.):
a) Evacuation of Children in Times of Armed Conflict
b) Family Life and Temporary Shelter
c) Rights of Children Arrested for the reasons of Armed Conflict
V. Provisions
RA 7610 mandates various provisions to offenders of this act. It signifies
that the penalties for committing crimes against children are given due
justice. It also identifies the different types of ways and conditions on how
one can file for a complaint towards one who has committed these crimes.
VI. Real-Life Implementation & Impact
Trafficking Enforcement: The rescue of 23 victims from sexual
exploitation in the Philippines is an example of active enforcement aligned
with RA 7610 provisions (IJM, 2022).
Education Support: The World Bank (2020) reports that out-of-school
youth who accessed the Alternative Learning System (ALS) were more likely
to transition into employment or formal schooling, demonstrating the
importance of second-chance education systems in child protection and
development.
VI. Summary
RA 7610 is a law that protects all children and gives them the right to
live a safe life, an environment that can help them, and an environment that
can empower each and every child in any circumstance. This law mandates
the responsibility of the state, the different sectors, and each caretaker to
always promote the safety of children.
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