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THIRTEENTH CONGRESS OF THE)REPUBLIC OF THE PHILIPPINESFirst Regular Session 1

s B NO

Introduced by Senator Magsaysay r.

I L A N A ~ ~ ~ YOTReligion i s important as an individual and collective value.

Whatever the religion, it cannot be denied that in th e Philippines, religionassumes a vi t l role in citizen formation, particularly ou r youth. And sowe affirm the necessity of religious instruction in the private and publicschools.In the 1935 Constitutional Convention, Delegate Artadi, firm in hisconviction that religious instruction was elemental in nation-building,proposed a provision for religious instruction in the public schools a t theoption of the parents. Delegate Artadi said:

I f the knowledge of grammar and of arithmetic were

not requfred in our schools, sooner or later the child wouldnevertheless) realize the importance of knowing them,because ,he will come to realize that, in the struggle for life,knowledge o a language and of arithmetic in necessary. Thisrealization does not come to their material needs. Because ofthis, the Ftate, the nation, loses the opportunity of molding thecharacter o the Filipino youth according to sound principles;the State loses the occasion or creating in the individual ahabit o mind which nationally chooses goo and rejectsevil. The framers of the 1973 Constitution likewise recognized theimportance of religious instruction. Article XV Section 8 8) of the saidfundamental law stated:

At the option expressed in writing by the parents orguardians, and without cost to them and the government,religion shall be taught to their children or wards in thepublic elementary and high schools as may be provided bylaw.Article XlV, Section 3 3) state that a) he option expressed in

writing by the parents or guardians, religion shall be taught to theirchildren or wards in public elementary and high schools within theregular class hours by instructors designated or approved by thereligious authorities of religion to which the children or wards belongs,without additional cost to the government.

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However, problems have arisen in the attempts to implement theoptional religidus instruction. These problems have se t to naught theefforts to realize the gains from religious instruction by the Constitution.Today, many considers the absence of religion in the curriculumas one rationale why recent problems as drug addiction, early marriage,juvenile delinquency an d criminality, prostitution and other similarsocial malady that have contributed to the deterioration of society as awhole.Considering the foregoing, it is imperative that a law be passed tointerpret and implement the constitutional mandate on optional religiousinstruction. The passage of this bill

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ITHIRTEENTH CONGRESS OF THE)REPUBLIC OF THE PHILIPPINES J11 8 A11 :First Regular Syssion 16 2

t l ~ ~ ~ ~ l \ ~ ~u SENATE18 B NO.

Introduced by Senator Magsaysay, Jr .

AN ACTTO RATIONALIZE THE TEACHING O F RELIGION IN THE PUBLICSCHOOLSBe it enacted y the Senate and the House o Representatives of thePhilippines in Congress assembled:

SECTION 1. T i t l e - This Act shall be known as the Ac t ToR a t i o n a l i z e The Teaching of R e l i g io n I n T h e P u b l ic Schools.

S E C 2 1 D e c l a r a t i o n of Policy - It is declared policy of the Statein conformity with the mandate of the Constitution, to encourage andpromote the teaching of religion to children in public elementary andhigh schools within the regular class hours, for the State is cognizant ofthe vital role that the teaching of religion assumes in citizen formation,particularly the molding of our youth. Hence, the S tate recognizes thenecessity of religious instruct ion in the private and public schools. Forthese purpodes, the State shall provide the infrastructure to enable theteaching of religion in all public elementary and high schools all over thecountry, fully aware in the process that the Constitution prohibits thegovernment from flavoring the establishment of a particular religion orprohibiting the free exercise thereof, for the separation of the Church andthe State shall be inviolable. Furthermore, the implementation of thislaw should not entail additional cost t o the government.

II

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SEG 3 Coverage - This Act shall apply to all public elementaryand high schools in the Philippines.

SEC.4. Definition of Terms - A s used in this Act, the followingterms shall m :

I - a n institutionalized system of beliefs, attitudes anda. Religirractices;b. Value Education the integration into the school curriculum

of universally accepted s well s Filipino human, social, moral,political, economic and cultural values.

c. Optional religious instruction refers to the religion classesconducted in the public elementary and high schools forstudents or pupils whose parents opt to exercise their right torequest religious instruction for their children or ward. Theoptional character of religious instruction in public school is inreference to the parents or guardians of the children, who arefree to request or not to request that the children under theircare be instructed in the religious of their choice. I t is notoptional for the principal or school heads to either accept orreject the formal request of the parents to have their childreninstructed in the religion of their choice during regular hours.

d. Regular class hours - refers to the regular or normalscheduled periods of instruction or laboratory work forstudent.

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e. Class period - the average length of time scheduled for onesesiion or instructional period in a course.

SEC 5 The Teachers/ nstructors - The religiousteachers/instructors who teach religion classes in the public elementaryand high schools shall be designated by their respective religious

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authorities and shall submit to the principal or school head their properauthorization papers and request for time allocation for the optionalreligious instruction. Ordinary teachers teaching in a certa in school mayalso teach religion in the same school during the periods when they arefree from their ordinary teaching load, and provided they a re authorizedto do so by the competent religious authority of their denomination.

SEC. 6.1 Recipient of Religious Instruction - The teachers ofreligion as referred to in Section 5 shall be allowed to teach thosepupils/ students whose parents or guardians have opted to request tha ttheir children or wards be taught the religion of their choice. The religionin school shall be expressed in writing by the parents or guardian whoshall likewise' accomplish in full the necessary application form. Nostudent/pupils shall be allowed or permitted to attend religiousinstruction classes without the said written application and dulyaccomplished reques t of his/ her parent or guardian.

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SEC. 7. The Application The application referred to in thenext preceding Section, shall clearly indicate the faith or religiousinstruction the studentfpupil should receive from the authorized religionteachers, and the preferred schedule for religious ins truc tion.

SEC : Size and Schedule of Religious Classes - The optionalreligious instruction shall be taught during regular class hours only andnot before or after class time, or dur ing recess time. Religion classesshould no t number more than forty (40) studen ts of the sam e level and ofthe same religion. In case the students of the same level and religionexceed that number, the principal or school head shall divide thestuden ts/ pupils into two or more classes after consulting the religiousauthorities o that faith o r the person delegated by them.

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The principal or school shall fix the schedule of the religion classhours taking into account the number of religion teachers/inshuctorsthat can be fielded by the different denomination at one time.

ISEC 9 Duration of Religion Classes - The optional religiousinstruc tion shall be allotted a t least sixty minutes a week, spread over atleast two 2), ut not more than three 3)meetings in a week. In no case,shall the class periods be allocated less tha n sixty (60)minutes per week.

SEC 10. Optional religious Instruction and Values Education- The optional religious instruction and the values education of the

1Department o Education, Culture and Sports are two separa te, differentand distinct Lubjects. A s such they shall be allotted separate classhours an d in no case shall they be taken together by the s tudent s in oneIand the same class periods: Provided, however, Tha t if the principal orschool head cannot find any available time slots for the optional religiousinstruction in the weekly class schedule, in agreement with the religiousteachers or instructors, the optional religious instruction shallb beallotted at least two (2) of the present five 5) time slots assigned everyweek to Value Education.

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SEC. 11. Administrative Sanctions - The Secretary ofEducation shall prescribed and impose such administrative sanctions assuspension and/or termination, as he may deem reasonable andappropriate in the implementing rules and regulations promulgatedpursuant to this Act against any principal, school head or teacher whoviolates any provisions of this Act, without prejudice t o any othercriminal and/or civil sanctions as may be imposed by existing laws, rulesand/or regulations.

SEC 12. Rule making Authority The Secretary of Education,Culture and,Sports charged with the administration and enforcement of

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this Act, shall promulgate the necessary implementing rules andregulations consis tent with the policy and spirit of this Act.

SEC. 13. S e p a r a b i l i t y C l a u s e - Any part or provision of th is Actwhich may be held invalid or unconstitutional shall not affect itsremaining parts or provisions.

SEC 14. R e p e a l i n g C l a u s e - All laws or parts thereofinconsistent with any provision of this Act is hereby repealed or modified,as the case may be.

SEC 15. E f f e c t i v i t y - This Act shall take effect fifteen (15)daysafter its completion in the Official Gazette or in at least two (2)newspapers of national circulation, whichever comes earlier.

Approved.I