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Friday, March 29, 2024

SC asked to overturn decision on K-12

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The Supreme Court has been asked to overturn its decision upholding the constitutionality of the K-12 basic education program.

In a motion, parents and teachers of students from Manila Science High School through lawyer Severo Brillantes sought for reconsideration of its ruling last month that dismissed their petition in 2015 that sought to nullify Republic Act 10533 or the Enhanced Basic Education Act of 2013.

The groups argued that the K-12 program, which was implemented by the Department of Education in 2016, violated the constitutional provision on due process of law.

“Contrary to the Honorable Court’s Ruling, the K to 12 Law which lengthened the basic education cycle by adding two years of senior high school is violative of substantive due process [and thus is an invalid exercise of police power] as it in fact does not serve the interest of the public but only of a particular class and the means employed is not reasonably necessary for the accomplishment of a valid governmental purpose and thus is unduly oppressive,” the pleadings stated.

The MSHS teachers and parents also reiterated that the assailed law is discriminatory, as it will only benefit a specific class, arguing that the K-12 program only trains students to become overseas workers.

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“Majority of Filipinos will never apply for graduate school admission to a foreign university or for professional work in a foreign corporation, and these are the only people who supposedly need the additional years of basic education… Hence, the assailed law is unconstitutional for serving the interests of only a select few,” they said.

“Clearly then, the law is violative of substantive due process and thus is an invalid exercise of police power and therefore unconstitutional, since it, in fact, does not serve the interest of the public but only of a particular class,” petitioners added.

In its 94-page unanimous decision, the SC the K to 12 law violated the due process clause, adding that there are “less intrusive” ways to achieve the objectives of the law.

“The assailed law’s declaration of policy itself reveals that, contrary to the claims of petitioners, the objectives of the law serve the interest of the public and not only of a particular class,” the court ruled.

The SC also dismissed the policy issues raised by the petitioners, saying that these are not the concern of the Court.

“To reiterate, government policy is within the exclusive dominion of the political branches of the government. It is not for the Court to look into the wisdom or propriety of legislative determination,” the Court held, adding that it only rules on policies that are either unconstitutional or issued with grave abuse of discretion.

Apart from the MSHS teachers and parents, the Court also dismissed similar petitions by Sen. Antonio Trillanes IV; collegiate teachers and staff comprising “Suspend K-12 Coalition”; Reps. Antonio Tinio of ACT Teachers, Fernando Hicap of Anakpawis and Terry Ridon of Kabataan; and former Bayan Muna party-list Reps. Neri Colmenares and Carlos Zarate.

In the same ruling, the High Court upheld the legality of Commission on Higher Education (CHED) Memorandum No. 20–2013 that removed Filipino and Panitikan as mandatory subjects in colleges and universities in line with the implementation of government’s K-12 education program.

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