SEVENTEENTH CONGRESS OF THE REPUBLIC )

OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
HB No. __

Introduced by Representative Clarissa B. Mendoza

EXPLANATORY NOTE

It is clearly stated in one of the States Policies of the Philippines pointed out in the Section
17 of the Article II of the Philippine Constitution that, The State shall give priority to education,
science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate
social progress, and promote total human liberation and development.

However, it has been a generational problem of the government to provide sufficient and
quality academic institutions for its citizens that are essential key players in nation building and
international level competitiveness. Examples of which are lack of conducive classrooms, textbooks,
chairs, insufficiency of quality teachers, and even the minimal extension of education and learning to
far-flung areas. Meaning, given these problems faced by Filipinos, the most essential role of
education for societal progress is not achieved.

In connection, there exist foreign associations and corporations that aim to provide education to
those areas, both urban and rural, that the government sometimes neglects. These institutions are
most of the time endeavours for charitable works in most of third-world countries like the Philippines.
Having the goal of these entities to uplift educational prowess, the current policy of the Philippines
that requires at least sixty per centum of the capital should be Filipino owners hinders the purpose,
given that even our state has low number of investors in education sector especially in rural areas.
This current policy of the state hampers the possibility of achieving what is with the purpose of
educational institutions which is to accelerate social progress.

Under this legislative measure, it is proposed that the ownership of alien individuals may exceed up
until sixty per centum unlike in the current policy of only up to forty per centum. The rationale behind
this proposal is the extension of the capacity of foreign associations to create educational institutions
either in urban or rural areas in the country as well as to promote faster liberation and development,
which is one of the aims of the State.

On the other hand, one of the fundamental objectives of the educational system is to inculcate
patriotism and nationalism and this policy might create a greater tendency contradictory to the goal
because of the higher ratio of foreigners. However, there are mitigating measures that the state has,
to counter this harm. The State has the power to supervise and regulate these institutions that might
be 60% owned by foreigners thru operating and prescribing the proper curriculum to ensure that it is
in lined with the national goals, fix library, and laboratory requirements, set standards for qualification
of teachers, prohibit the teaching of injurious and subversive doctrines, and adopt punitive measures
against those that fail to meet its requirements in order to ensure the accomplishment of
constitutionally defined goals verbatim stated in the Constitution. This proposal also considers that
100% or sole ownership of foreigners is a measure that the state should not resort of doing.

Hence, once we allow a greater participation of alien individuals in our educational system
thru building academic institutions to either rural or urban areas in our country, the problem of the
governments inefficiency to provide education to all can be gradually diminished with the help of
these foreign institutions. It is hereby recommended that in order to accelerate social progress and
promote total human liberation and development, the government should resort to mechanisms
where they can work hand in hand with foreign entities that are still subjected to its policies, rules
and regulations.

CLARISSA MENDOZA
SEVENTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
HB No. __

Introduced by Representative Clarissa B. Mendoza

1 AN ACT AMENDING THE SECOND PARAGRAPH OF SECTION 4 OF ARTICLE

2 XIV OF THE 1987 PHILIPPINE CONSTITUTION

3 Be in enacted by the Senate and the House of Representatives of the Philippines in

4 the Congress assembled:

5 SECTION 1. Second paragraph of the Section 4 of Article XIV is hereby amended to

6 read as follows:

7 Section 4, Paragraph 2. Educational institutions, other than those established by

8 religious groups and mission boards, shall be owned solely by citizens of the Philippines
9 or corporations or associations at least forty per centum of the capital of which is owned
10 by such citizens. The Congress may, however, require increased Filipino equity
11 participation in all educational institutions.

12 SECTION 2. Repealing Clause- All laws, executive orders, rules, and regulations or any
13 part thereof inconsistent herewith are deemed repealed, modified or amended
14 accordingly.

15 SECTION 3. Separability Clause- In case, any provision of this Act is declared as

16 unconstitutional or invalid, the other provisions hereof which are not affected thereby shall
17 continue in full force and effect.

18 SECTION 4. Effectivity- This Act shall take effect fifteen (15) days after its publication in
19 at least two (2) newspapers of general circulation. The publication shall not be later than
20 seven days after the approval thereof.
SEVENTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
HB No. __

Introduced by Representative Clarissa B. Mendoza

EXPLANATORY NOTE

It is clearly stated in one of the States Policies of the Philippines pointed out in the
Section 17 of the Article II of the Philippine Constitution that, The State shall give priority to
education, science and technology, arts, culture, and sports to foster patriotism and nationalism,
accelerate social progress, and promote total human liberation and development.

In the status quo, in comparison to the past generations, the concept of integration,
cooperation and globalization to the international arena prevailed to most of the states
regardless of their classification in the system. There exist integration in the West, taking the
European Union as an example as well as the cooperation of countries in different regions like
the BRICS between Brazil in Latin America, Russia in the North, India and China is Asia and
South Africa. These concrete examples sends a rhetoric how essential is the role of global
competitiveness to make sustainable development and cooperation to developed countries
possible.

On the other hand, Filipinos experience the other way around although there are efforts
from the government to make its citizens globally competitive. Based on recent studies, the
educational capacity of individuals of a state is on the utmost consideration for competitiveness.
In the current educational system of the Philippines, there still exist problems like lack of
conducive classrooms, insufficiency of quality teachers, textbooks, chairs, and even the minimal
extension of education and learning to far-flung areas. These current situations are the
implications of lack of budget of the government to education. In reality, in comparison to other
ASEAN countries, Philippines has the lowest budget allocation in education as well as problems
in terms of the affordability of education especially in the tertiary level and lastly, the problem in
the large proportion of mismatch of the available trainings to available jobs.

Currently, the Philippines allocates only 3.2% of its Gross National Product far from the
suggested percentage of the UNESCO Delors Benchmark which is at least 6% of the states
GNP. More than a hundred countries recognize this standard in education financing by
establishing the minimum level in which the government would give subsidies without sacrificing
the quality, accessibility, and sustainability of the education sector. If this would happen, higher
budget entails the gradual elimination of current problems in the status quo transcending to
more equipped professionals that will be able to make inclusive growth possible or a greater
skill to compete outside.

It is true that every government has its own priority sectors and strategies to attain
sustainable development, but in the context whereas educational competitiveness to the
globalized sphere in the international community is a key factor to progress, higher budget for
education and its sustainability in lined with the international standards should be on the utmost
consideration of the Philippines.

CLARISSA MENDOZA
SEVENTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
HB No. __

Introduced by Representative Clarissa B. Mendoza

1 AN ACT AMENDING THE FIFTH PARAGRAPH OF SECTION 5 OF ARTICLE

2 XIV OF THE 1987 PHILIPPINE CONSTITUTION

3 Be in enacted by the Senate and the House of Representatives of the Philippines in

4 the Congress assembled:

5 SECTION 1. Fifth paragraph of the Section 4 of Article XIV is hereby amended to

6 read as follows:

7 Section 5, Paragraph 5. The state shall assign the highest budgetary priority to
8 education in lined with the international standards of budget allocation and ensure
9 that the teaching will attract and retain its rightful share of the best available talents thru
10 adequate remuneration and other means of job satisfaction and fulfilment.

11 SECTION 2. Repealing Clause- All laws, executive orders, rules, and regulations or any
12 part thereof inconsistent herewith are deemed repealed, modified or amended
13 accordingly.

14 SECTION 3. Separability Clause- In case, any provision of this Act is declared as

15 unconstitutional or invalid, the other provisions hereof which are not affected thereby shall
16 continue in full force and effect.

17 SECTION 4. Effectivity- This Act shall take effect fifteen (15) days after its publication in
18 at least two (2) newspapers of general circulation. The publication shall not be later than
19 seven days after the approval thereof.