UNIT 1: The Law and Its Inherent Nature

Introduction
The concept of law is intricate and multifaceted, providing a structure for regulating human
conduct within society. Its inherent essence can be comprehended through diverse philosophical
viewpoints, particularly the lens of natural law. Natural law proposes that certain rights and moral
principles are innate to human nature and universally identifiable through reason. This perspective implies
that laws are not merely human-created constructs but are grounded in a deeper moral order that
transcends cultural and societal boundaries. Consequently, natural law serves as a fundamental principle
that shapes the ethical foundations of legal systems worldwide.
Throughout history, prominent philosophers, such as Aristotle and Thomas Aquinas, have
articulated the concept of natural law. They emphasized that humans possess an inherent comprehension
of morality, which serves as an innate moral compass guiding individuals in making ethical choices,
regardless of societal expectations or legislative frameworks. The notion that laws should embody moral
verities rather than arbitrary decrees underscores the tension between natural law and positive law, the
latter being defined by statutes and regulations established by governing authorities. This distinction raises
crucial questions regarding the legitimacy of laws that may clash with fundamental human rights and
ethical principles.
The examination of the law's inherent nature remains significant as societies confront intricate
moral challenges and the changing dynamics of human rights. The relationship between natural law and
positive law is a crucial area of study, leading to conversations about how law can advance justice and
safeguard individual liberties. As legal systems around the globe work to adhere to principles of fairness
and equity, grasping the inherent nature of law is vital for cultivating a just society that honors the dignity
and rights of every individual.

Unit Learning Objectives

By the end of this unit, The Law and it Inherent Nature, I should be able to:
1. explain the legal framework of the Philippine educational system and of countries where distance
education student who enrolled works;
2. articulate the legal foundations of education within various contexts.
3. discuss the requisites of law to ensure efficient enforcement and implementation
4. evaluate contemporary issues in educational laws and policies.
5. demonstrate an understanding of the rights and responsibilities of various stakeholders in education.
6. analyze the legal bases of education embodied in the Philippine Constitution of 1987, and other relevant
education laws in the country.
7. evaluate the significance of these legal bases of education in the attainment of Constitutional provisions,
national goals, and international commitments for SDG 2030;
8. examine the functions of the Commission on Higher Education (CHED) and its equivalent in other
countries in ensuring quality global education;
9. Discuss the implication of international treaties entered into by the Philippines along education.

LESSON 1: The Law and Its Requisites

Introduction
Do you envision a society without any existing laws, guidelines or policies being in place? It is
absurd thinking of a society bereft laws for laws serve to maintain order, resolve disputes, and protect the
rights and freedoms of individuals. Law serves a specific purpose and addresses different aspects of
society.
To ensure the effectiveness and fairness in the legal system, certain requisites must be met. I am
going to brace myself as I about to delve with such requisites of law as clarity, consistency, predictability
and enforceability. These requisites work together to uphold the rule of law, and promote justice and fair
play in society.

LEARNING COMPETENCIES
In this lesson, I am expected to:
1. explain comprehensively what a law is;
2. discuss the nature, qualities, classifications, and requisites of law;
3. justify the importance of law in maintaining harmony and order in society.

RECALLING PRIOR KNOWLEDGE

Concept Mapping
The students will work in diads and work and work on a concept map about what they understand
about the word, Law. They would be thinking of four terms which they believe are associated with the
term Law . They would be justifying why such terms are associated with the term.
Law

LAW

INTRODUCING NEW KNOWLEDGE

What is law?
- A law is a rule made by an authority, typically a government, that must be obeyed by its citizens.
Failure to comply with these rules can result in punishment. This definition emphasizes the
authoritative nature of law and its role in maintaining order within society.
 Rule by authority
- Law is a set of rules created and enforced by social or governmental institutions to regulate
behavior. This definition highlights the function of law in organizing societal conduct and
maintaining social order, with variations existing across different legal systems, such as civil law
and common law.
 System of Regulations:
- Law can also refer to the entire legal system, encompassing all the rules and principles that govern
a society. This includes various branches such as criminal law, civil law, and international law,
which collectively shape the legal landscape and influence how justice is administered.
 Legal Framework

Check (✓) Point 1.1

What is the importance of law in society?
Requisites of Law
For laws to be administered fairly and equitably, law has to satisfy the following requisites:
1. consistency
- Laws have to be applied uniformly to make sure that fair play, justice and equity are
satisfactorily met.

Check (✓) Point 1.2

How can laws be enforced
consistently? Elaborate your answer

2. clarity
- A law passed by congress has to be clear has to be clear to ensure that individuals
understand their rights and obligations.

Check (✓) Point 1.3

How would you assert your rights and
obligations as a citizen of your country?

3. predictability
- This requisite of law allows individuals to anticipate the consequences of their actions.

Check (✓) Point 1.4

As an individual, how would you be
responsible for the consequences of your
actions?

4. enforceability
- If laws are capable of being implemented, this allows that the law is being upheld and violations
are addressed appropriately.
 Check (✓) Point 1.5
Are laws being enforced equitably and fairly?
Why?

The Nature of Law

1. Law as an Artifact
Law is a human creation, an artifact designed to serve particular purposes within society. As an
artifact, law shares certain features with other human-made objects, but it also has unique characteristics
that set it apart.
2. Law and Morality
The relationship between law and morality is a central debate in jurisprudence. Natural law theory
holds that law and morality are closely linked, with unjust laws lacking legal validity. Legal positivism, in
contrast, argues that the law's existence and validity are determined by social facts, independent of moral
considerations.
3. Law and Social Order
Law plays a crucial role in maintaining social order by providing a framework for regulating
behavior and resolving disputes. The effectiveness of law in generating a sense of obligation among
citizens is essential for its proper functioning.
4. Law as a Goodness-Fixing Kind
Some philosophers argue that law is a "goodness-fixing kind," meaning that the moral merits of a
rule contribute to its legality, even if they are not decisive. The moral features of a rule can make it more
or less effective in attracting social compliance and generating a sense of obligation

Check (✓) Point 1.6

From the given nature or attributes of law, which appeals
to you most? Why?

Natural law and Positive law distinguished

Natural law
Definition and Basis: Natural law is based on moral principles that are inherent in nature and
accessible through human reason. It posits that there are universal moral laws that govern human behavior
and that these laws exist independently of human-made laws. Natural law theorists argue that certain
rights, such as the right to life and liberty, are inherent and should be recognized by legal systems,
regardless of whether they are codified in positive law.
 Moral Foundation: Natural law is often associated with a strong moral foundation, asserting that
laws should reflect ethical principles. An unjust law, from the perspective of natural law, is not considered
a true law. This theory emphasizes that legal systems should align with moral truths that transcend human
legislation.
Stability and Universality: Natural law is seen as relatively stable and enduring, reflecting timeless
principles that apply universally across cultures and societies. It is often invoked in discussions about
fundamental human rights and justice, serving as a standard against which positive laws can be evaluated.
Positive Law
Definition and Basis: Positive law, also known as man-made law, derives its legitimacy from
human authority and is established through legal systems, statutes, and regulations. It is defined by the
rules and norms created by governments or recognized legal institutions, and its validity is determined by
its source rather than its moral content.
Morally Neutral: Positive law is often considered morally neutral, meaning that its legitimacy does
not depend on ethical considerations. Laws can be enacted even if they conflict with moral principles, and
their validity is based solely on the authority that created them. Examples include traffic regulations and
tax laws, which may not necessarily align with moral or ethical standards.
Changeable and Contextual: Positive law can change over time as societies evolve and as
legislative bodies enact new laws or amend existing ones. This adaptability allows legal systems to
respond to social needs and changes, but it also means that positive law can sometimes conflict with the
enduring principles of natural law
Summary of Key Differences
Source of Legitimacy: Natural law derives legitimacy from moral principles, while positive law derives
legitimacy from human authority and legal institutions.
Moral Component: Natural law emphasizes a strong moral component, asserting that just laws must align
with inherent moral truths. Positive law can be morally neutral, with its validity not dependent on ethical
considerations.
Stability vs. Changeability: Natural law is seen as stable and universal, while positive law is subject to
change based on societal needs and legislative decisions

Check (✓) Point 1.7

In the form of a Venn Diagram, compare and contrast natural law from positive
law.

Classification of Laws in General

 The classification of laws is essential for understanding the diverse legal principles and
frameworks that govern society.
1. Public Law vs. Private Law
Public Law: This category governs the relationship between individuals and the state. It includes
areas such as constitutional law, administrative law, and criminal law. Public law ensures that government
actions are legal and protect public interests.
Private Law: In contrast, private law deals with relationships between private individuals or
entities. It encompasses areas like contract law, tort law, property law, and family law, focusing on
resolving disputes and providing remedies for breaches of private rights.
2. Civil Law vs. Criminal Law
Civil Law: This branch addresses disputes between individuals or organizations, aiming to provide
remedies such as compensation. Examples include contract disputes and tort claims.
Criminal Law: Criminal law regulates offenses against society as a whole, defining criminal acts
and prescribing punishments. The state prosecutes offenders to maintain public order, with examples
including theft and assault
3. Substantive Law vs. Procedural Law
Substantive Law: This type defines the rights and obligations of individuals. It includes laws
related to contracts, property, and crimes, establishing what constitutes legal rights and duties.
Procedural Law: Procedural law outlines the processes for enforcing rights and resolving disputes.
It governs court procedures, evidence, and the conduct of legal proceedings.
4. National Law vs. International Law
National Law: This refers to the body of laws enacted by a country's legislative bodies, governing
relationships within that country.
International Law: In contrast, international law governs relations between nations, including
treaties and agreements that regulate issues like trade and human rights.
5. Statutory Law vs. Case Law
Statutory Law: These are laws created by legislative bodies, formally written and enacted statutes that
provide clear legal rules.
Case Law: Also known as common law, this is derived from judicial decisions and precedents set
by courts, guiding the interpretation and application of statutory laws in future cases.
6. Written Law vs. Unwritten Law
Written Law: This includes laws that are codified and documented, such as statutes and regulations.
 Unwritten Law: This encompasses customary laws and practices that have not been formally
codified but are recognized and followed within a legal system.
7. Common Law vs. Civil Law
Common Law: A legal system based on judicial decisions and precedents, evolving through court
rulings. Predominant in countries like the United States and the United Kingdom.
Civil Law: This system relies on written codes and statutes, with judges applying comprehensive
legal codes to cases without relying on past judicial decisions. Common in continental Europe

Check (✓) Point 1.8

How would you classify education laws from among the various
classifications of laws? Why did you classify them as such?

GROWING ONE’S KNOWLEDGE

Activity: Case Study Analysis Instructions:
1. Divide into groups of 3-4 students.
2. Each group will be given a case study related to law and its requisites.
3. Analyze the case study and identify:
 Crucial challenges faced in the implementation and enforcement of laws particularly educational
laws.
 Strategies employed to address the challenges encountered.
* Possible Recommendations on how to properly enforce and implement said education law
4. Prepare a brief presentation summarizing your findings.
5. Present your analysis to the class.

HITTING THE STANDARD

Situation Analysis:
Scenario:
 You are the Dean of the College of Teacher Education of a state university located in a far-flung
community. .You are in a dilemma to improve the declining board performance of your school vis-à-vis
RA 10931. Republic Act (RA) No. 10931, also known as the Universal Access to Quality Tertiary
Education Act. The law aims to promote universal access to quality tertiary education by providing free
tuition and other school fees in State Universities and Colleges (SUCs), Local Universities and Colleges
(LUCs), and State-Run Technical-Vocational Institutions. You are sternly warned by the Commission on
Higher Education (CHED) not to refuse enrolment especially the poor students of the locality even if they
have low scores in the CSU Admission Test.
Moreover, your school is facing budget constraints due to declining enrolment because most
students in the locality prefer to enrol in the city. The school administration has tasked you to address
these challenges while promoting equity and innovation.
Questions:
1. How would you allocate limited resources to improve student performance while maintaining equity
among all students?
2. What strategies would you implement to foster innovation and adaptation within the school,
considering the budget constraints?
3. How might you engage various stakeholders, including teachers, students, parents, and community
members, in to ensure their input and support?
4. What long-term sustainability measures would you implement to ensure continued improvement and
success for the school?
5. Can you propose specific actions or initiatives that align with the goals of RA 10931 to address the
identified challenges effectively?

THINKING OVER LEARNING

Lesson 1 is done ! Kudos! Reflect on the learning you derived from this lesson!

A. I am certain that I learned about …….

_______________________________________________________________________
_______________________________________________________________________________.

________________________________________________________________________________.
 B. I think there is still a need to learn about…..
_________________________________________________________________________.
_______________________________________________________________________________.
_______________________________________________________________________.

C. I could apply what I learned by ……

_________________________________________________________________________.

________________________________________________________________________________.
_______________________________________________________________________________.

`
 References

Andrew Boon and Julian Webb, 'Legal Education and Training in England and Wales: Back to the
Future?' (2008) 58(1) Journal of Legal Education 79.

Buazon, Prisciliano T. 2014. Handbook in Legal Bases of Education . National Bookstore

Code of Ethics for Professional Teachers

Commission on Higher Education and Development of Educational Memoranda and Circulars
De Leon, Hector. 2010. Annotated 1987 Constitution of the Phillppines . Rex Bookstore.
Education Act of 1982
Magna Carta for Public School Teachers
Legal Education." Encyclopædia Britannica. 2007. Encyclopædia Britannica Online. Retrieved 4 March
2007
Peñaflor, Lito A. 2017. Values Education: Legal and Ethical Perspective.
SpearIt. “Drafting Legal Documents in a Doctrinal Class,” in Experiential Education in the Law School
Curriculum (Carolina Academic Press 2017)
 UNIT 2: Laws and Policies
LESSON 1: Laws and Policies As Bases of Educational Goals and Objectives
Introduction
Education serves as a foundation for personal growth and societal progress, with legal frameworks
playing a crucial role in shaping educational aims and objectives. These laws establish the core principles
that guide educational systems, ensuring that they are equitable, accessible, and aligned with broader
societal values and aspirations. Legislation such as the Universal Access to Quality Tertiary Education Act
shows how legislative actions can directly influence educational goals by promoting inclusivity and
excellence in higher education. By setting clear standards and guidelines, these laws help create a
structured environment where educational institutions can develop and effectively cater to the needs of
diverse learners.
Furthermore, educational policies, often derived from these laws, provide the requisite strategies
for implementing and evaluating educational goals. These policies outline the priorities of governments
and educational authorities, addressing pivotal areas such as curriculum development, teacher training,
and resource allocation. The dynamic interplay between laws and policies ensures that educational
objectives are not only aspirational but also actionable, facilitating a responsive and adaptable education
system. As societies evolve, the continuous assessment and reform of these laws and policies become
essential to address emerging challenges and opportunities in the educational landscape, ultimately
fostering a more informed and capable citizenry.

LEARNING COMPETENCIES
In this lesson, you are expected to:
1. manifest deep understanding on the laws and policies as bases in developing educational goals and
objectives;
2. discuss how laws and policies help in formulating educational goals and policies;
3. enunciate how laws and policies help in maintaining quality and standards in education.

RECALLING PRIOR KNOWLEDGE

Filling out a KWL Chart
The students will work in pairs and on a KWL chart about what they understand about the word,
Law. They would be filling out What They Know, What They Want to Know, What They Would Like to
Learn about the lesson, Laws and Policies as bases of educational goals and objectives. The first two
columns are filled out as your basis. Fill out the third column as well as third row of the chart.

K (Know) W (Want to Know) L (Learn)

Laws and policies serve as How do specific laws and

frameworks that guide policies influence educational
educational systems. outcomes? put your answer here )

Educational policies are What are the key components

developed to address the needs of effective educational
of learners and communities. policies? put your answer here )

( put your answer here) ( put your answer here ) put your answer here )

INTRODUCING NEW KNOWLEDGE

Laws and policies play a crucial role in shaping educational goals and objectives. They provide the
framework within which educational systems operate, ensuring that the rights of students are protected
and that educational institutions adhere to established standards. This comprehensive discussion will
explore how laws and policies serve as bases for educational goals and objectives, highlighting their
significance, types, and implications.
Importance of Laws and Policies in Education
Laws and policies are essential for several reasons:
1. Establishing Standards: Educational laws set forth the standards that schools must meet to ensure
quality education. For instance, Batas Pambansa Blg. 232 (The Education Act of 1982).This law provides
for an integrated education system in the Philippines. It defines national development goals and promotes
equal access to education. It establishes the rights and duties of parents, students, and school personnel,
ensuring that educational institutions operate within a framework that supports quality education.
2. Protecting Rights: Laws such as the Individuals with Disabilities Education Act (IDEA) ensure that
students with disabilities receive appropriate educational services. This legal framework guarantees that
all students have the right to a free and appropriate public education, which is fundamental to achieving
educational equity.
3. Guiding Policy Development: Educational policies are often developed in response to existing laws.
For example, the 1987 Philippine Constitution mandates the state to provide quality education and
establish a system of free public education, which informs the policies that govern educational practices in
the Philippines.
4. Promoting Accountability: Laws and policies hold educational institutions accountable for their
performance. They establish mechanisms for assessing educational outcomes and ensuring that schools
meet their obligations to students and communities. For instance, student who fail to finish their course
within the allowable time frame will no longer be able to enjoy the benefits of free tuition fee under the
Universal Access to Quality Higher Education Act.
Types of Educational Laws and Policies
Educational laws and policies can be categorized into several types:
1. Statutory Laws: These are laws enacted by legislative bodies. Examples include laws that mandate
compulsory education and establish funding for public schools.
2. Regulatory Policies: These policies are created by governmental agencies to implement statutory laws.
They often include specific guidelines for school operations, such as teacher certification requirements
and safety regulations.
3. Local Policies: School districts may develop their own policies that align with national or municipal
laws but address local needs. These can include codes of conduct, attendance policies, and curriculum
guidelines.
4. Discretionary Policies: These are additional policies that schools may choose to implement to enhance
their educational offerings. For example, a school might adopt a policy promoting technology integration
in the classroom.

Check (✓) Point 2.2

Point out further example each of a law or a policy that can be categorized as a
statutory law, regulatory law, local policy and discretionary policy. Explain why do
you classify such law or policy as such.

Role of Educational Leaders

Educational leaders, such as principals and superintendents, are responsible for understanding and
implementing laws and policies in their institutions. They must ensure that their schools comply with legal
requirements while also striving to meet the educational goals set forth by these laws. This requires a deep
understanding of both the legal landscape and the educational needs of their communities.
Challenges in Policy Implementation
Despite the importance of laws and policies, educational leaders often face challenges in their
implementation. Rapid changes in legislation, such as those prompted by the COVID-19 pandemic, can
create confusion and require schools to adapt quickly. Additionally, the complexity of navigating multiple
layers of laws—federal, state, and local—can complicate the decision-making process.

Check (✓) Point 2.3

As a school head, you are in a dilemma. Cases of mental health are surging in
your school. You have written the division superintendent that your school is in dire need
of a guidance counsellor to arrest the surging cases of metal health related issues in your
school. But the superintendent told you that there is no qualified applicant because the
law requires a masteral degree for the hiring of a guidance counsellor. As the manager of
your school, (1) how would you respond to the pronouncement of the superintendent,
without sacrificing the mental health of your students?; (2) what course/s of action would
you take to ensure the preservation of the students’ mental health?

Laws and Policies as Bases of Educational Community

Laws and policies play a crucial role in shaping educational goals and objectives. They provide the
framework within which educational systems operate, ensuring that the rights of students are protected
and that educational institutions adhere to established standards. This comprehensive discussion will
explore how laws and policies serve as bases for educational goals and objectives, highlighting their
significance, types, and implications.

Importance of Laws and Policies in Education

Laws and policies are essential for several reasons:
1. Establishing Standards: Educational laws set forth the standards that schools must meet to ensure
quality education. For instance, the Elementary and Secondary Education Act (ESEA) aims to provide
equal access to education and improve the academic achievement of disadvantaged students by
establishing accountability measures.
2. Protecting Rights: Laws such as the Individuals with Disabilities Education Act (IDEA) ensure that
students with disabilities receive appropriate educational services. This legal framework guarantees that
all students have the right to a free and appropriate public education, which is fundamental to achieving
educational equity.
3. Guiding Policy Development: Educational policies are often developed in response to existing laws.
For example, the 1987 Philippine Constitution mandates the state to provide quality education and
establish a system of free public education, which informs the policies that govern educational practices
in the Philippines.
4. Promoting Accountability: Laws and policies hold educational institutions accountable for their
performance. They establish mechanisms for assessing educational outcomes and ensuring that schools
meet their obligations to students and communities.
Types of Educational Laws and Policies
Educational laws and policies can be categorized into several types:
1. Statutory Laws: These are laws enacted by legislative bodies. Examples include laws that mandate
compulsory education and establish funding for public schools.
2. Regulatory Policies: These policies are created by governmental agencies to implement statutory
laws. They often include specific guidelines for school operations, such as teacher certification
requirements and safety regulations.
3. Local Policies: School districts may develop their own policies that align with state and federal laws
but address local needs. These can include codes of conduct, attendance policies, and curriculum
guidelines.
4. Discretionary Policies: These are additional policies that schools may choose to implement to enhance
their educational offerings. For example, a school might adopt a policy promoting technology integration
in the classroom.
Role of Educational Leaders
Educational leaders, such as principals and superintendents, are responsible for understanding
and implementing laws and policies in their institutions. School administrators must ensure that their
schools comply with legal requirements while also striving to meet the educational goals set forth by
these laws. This requires a deep understanding of both the legal landscape and the educational needs of
their communities.
Challenges in Policy Implementation
Despite the importance of laws and policies, educational leaders often face challenges in their
implementation. Rapid changes in legislation, such as those prompted by the COVID-19 pandemic, can
create confusion and require schools to adapt quickly. Additionally, the complexity of navigating multiple
layers of laws—international, regional, and local—can complicate the decision-making process.

GROWING ONE’S KNOWLEDGE

Activity: Case Study Analysis on MATATAG Curriculum:
1. Divide the class into groups of 3 students.
2. Each group will be given a case study related to law and policies as bases of educational goals and
objectives.
3. Analyze the case study and identify:
 Crucial challenges faced in the implementation and enforcement of the MATATAG Curriculum.
 Strategies employed to address the challenges encountered by school administrators, teachers
and learners alike.
* Possible Recommendations on how to properly enforce and implement said MATATAG
Curriculum
4. Prepare a brief presentation summarizing your findings and/or recommendations/ suggestions for its
smooth, proper and better implementation of said curriculum.
5. Present your analysis to the class for critic.

HITTING THE STANDARD

Situation Analysis:
Scenario:
You are a Program Supervisor of the Department of Education. You are in a quandary the fine tune
the DepEd’s Ranking and Qualification Assessment (RQA). Your office has been deluged with questions
about the RQA particularly along education eligibility. As per RQA, applicants with no masteral degrees
get zero (0) point in terms of educational qualification.
Moreover, your office is also bombarded with complaints on the lowering of standards because
the cut-off score to qualify for the RQA is 50 points from the original score of 70 points. Some quarters
are contending that 50 points is so low and may lower the quality of teachers being recruited by the
DepEd, hence, quality education may also be compromised.
Questions:
1. How would you counter the allegations that lowering the cut-off score for the RQA would result to
lower quality education in the public schools in the country?
2. What innovations would you consider to attract the best and the brightest teacher applicants in the
public school system in the country?
3. How might you answer the persistent complaints of new teacher applicants that the present guidelines
of the RQA discriminates against fresh graduates who are to finish their masteral degrees
 THINKING OVER LEARNING
Lesson 1 is done ! Kudos! Reflect on the learning you derived from this lesson!

A. I am certain that I learned about …….

_______________________________________________________________________
_______________________________________________________________________________.

________________________________________________________________________________.

B. I think there is still a need to learn about…..

_________________________________________________________________________.
_______________________________________________________________________________.
_______________________________________________________________________.

C. I could apply what I learned by ……

_________________________________________________________________________.

________________________________________________________________________________.
_______________________________________________________________________________.
 References
Batas Pambansa Blg. 232. (1982). Education Act of 1982.
Bernas Joaquin. (1987). 1987 Philippine Constitution.
Republic Act No. 9155. (2001). Governance of Basic Education Act of 2001. Retrieved
from https://www.officialgazette.gov.ph/2001/08/11/republic-act-no-9155/
Republic Act No. 10533. (2013). Enhanced Basic Education Act of 2013. Retrieved
from https://www.officialgazette.gov.ph/2013/05/15/republic-act-no-10533/
Republic Act No. 10627. (2013). Anti-Bullying Act of 2013. Retrieved
from https://www.officialgazette.gov.ph/2013/09/12/republic-act-no-10627/