SC declares K-12 program constitutional

The Supreme Court has upheld the constitutionality of the K to 12 educational program of the government.

In a 94-page decision penned by Justice Alfredo Benjamin Caguioa, the SC denied the consolidated petitions which assailed the constitutionality of Republic Act 10533 (K to 12 Law), RA 10157 (Kindergarten Education Act), and other government issuances concerning the implementation of the K to 12 Basic Education Program, including Commission on Higher Education Memorandum Order No. 20.

“Wherefore, the consolidated petitions are hereby denied. Accordingly, the Court declares Republic Act No. 10533, Republic Act. No. 10157, CHED Memorandum Order No. 20, Series of 2013, Department of Education Order No. 31, Series of 2012, and Joint Guidelines on the Implementation of the Labor and Management Component of Republic Act No. 10533, as constitutional,” the SC said in a decision dated Oct. 9 but was only made available recently.

The decision was unanimously concurred in by then Chief Justice Teresita Leonardo-de Castro and Justices Antonio Carpio, Diosdado Peralta, Mariano del Castillo, Estela Perlas-Bernabe, Francis Jardeleza, Noel Tijam, Andres Reyes Jr., and Marvic Leonen, who had a separate concurring opinion.

Only Justices Jose Reyes Jr., Alexander Gesmundo, and Lucas Bersamin failed to sign the decision as they are on leave.

With this, the SC lifted its April 21, 2015 Temporary Restraining Order against the CHED Memorandum Order No. 20 which directed the exclusion of Filipino and Panitikan as core courses from the curriculum of college courses.

The decision was released in response to numerous issues raised in seven separate petitions filed by various groups and individuals including students, teachers, and lawmakers.

Among the issues raised by petitioners is that they were deprived of their constitutional right to be consulted in matters concerning their interests prior the passage of the law.