[lg policy] Philippines: Supreme Court stops curriculum order

Harold Schiffman hfsclpp at gmail.com
Thu Apr 23 16:17:18 UTC 2015

SC stops curriculum order *By Rey E. Requejo* | Apr. 23, 2015 at 12:01am
  1 <http://manilastandardtoday.com/2015/04/23/sc-stops-curriculum-order/#>

THE Supreme Court stopped the Commission on Higher Education (CHED) on
Wednesday from implementing its memorandum that excludes from the
curriculum for college Filipino and Panitikan as core courses.

In its full court session held in Baguio City Tuesday, the SC issued a
temporary restraining order enjoining the CHED from implementing its
Memorandum No. 20, which prescribes the new General Education Curriculum
(GEC) for college, and reduces the GEC to a minimum of 36 units and
excluded Filipino as a subject in the core courses and deleted Panitikan
(Literature) as a core subject.

SC spokesperson Theodore Te said the TRO is effective immediately, and the
Court directed the respondents CHED to comment on the petition filed by
several professors from various universities and colleges seeking to enjoin
the implementation of CHED Memorandum Order No. 20.

“Acting on the petition for review on certiorari with prayer for TRO and
writ of preliminary injunction, the Court resolved, without giving due
course to the petition to . . . issue a temporary restraining order,
effective immediately and continuing until further orders from this Court,
enjoining the respondents from implementing and enforcing the provisions of
the Commission on Higher Education Memorandum No. 20 Series of 2013,
insofar as it excluded from the curriculum for college Filipino and
Panitikan as core courses,” the Court declared.

The petitioners – National Artist for Literature and University of the
Philippines Professor Emeritus, Dr. Bienvenido Lumbera, and Alliance of
Concerned Teachers Partylist Rep. Antonio Tinio, Anakpawis Partylist Rep.
Fernando Hicap and Kabataan Partylist Rep. Terry Ridon – earlier argued
that CMO No. 20, Series of 2013 violates five constitutional provisions.

The provisions include those on the national language, Philippine culture,
nationalist education, and labor policy, contained in Article XIV, Section
6; Article XIV, Sections 14, 15, 18; Article XIV, Section 3; Article II,
Section 17; Article XIV, Section 2 and 3; Article II, Section 18; and
Article XIII, Section 3.

The group said CMO 20 disregards the pro-national language spirit of the
Constitution and its emphasis on nationalism and cultural awareness as core
values of Philippine education, and the Constitution’s pro-labor provisions
that gives workers the right to participate in policy-making activities.

The petitioners claim that they were never consulted in the crafting of the
assailed CMO.

The group also lamented that the assailed CMO violates Republic Act 7104 or
“Organic Act of the Komisyon sa Wikang Filipino/KWF/Commission on the
Filipino Language”, Republic Act No. 232 or Education Act of 1982, and
Republic Act No. 7356, otherwise known as “Organic Act of the National
Commission on Culture and the Arts/NCCA.”

With regard to RA 7104, the petitioners argue that CHED violated the law
when it usurped one of the KWF’s functions – which is to formulate language

They also asserted that the CMO violates the Education Act of 1982 because
it does not comply with the law’s provision on a nationalist-oriented
general education curriculum in college, as it abolishes subjects that are
vital in promoting national identity, indigenous culture, and responsible
citizenship – such as Filipino Language, Literature, and Philippine
Government & Constitution.


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