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Senior High School stays: SC declares K-12 Law constitutional


The Supreme Court (SC) has junked the petitions seeking to declare as unlawful and unconstitutional the K to 12 Law and its subsequent government issuances.

“Wherefore, the consolidated petitions are hereby denied. Accordingly, the Court declares Republic Act No. 10533 (K to 12 Law), Republic Act. No. 10157 (Kindergarten Education Act), CHED (Commission on Higher Education) Memorandum Order No. 20, Series of 2013, Department of Education Order No No. 31, Series of 2012, and Joint Guidelines on the Implementation of the Labor and Management Component of Republic Act No. 10533, as constitutional,” the SC ruled.

In the same decision, the high court also ordered the lifting of its April 21, 2015 temporary restraining order (TRO) over CHED Memorandum Order (CMO) No. 20 which removed Filipino and Panitikan from the curriculum of college courses.

The decision resolved seven separate petitions filed by various groups and individuals among whom included students, teachers and lawmakers.

Among the numerous arguments raised by the petitioners, they claim that they were never consulted when the law was still being proposed.

“The Court holds that, contrary to petitioners’ contention, the K to 12 Law was validly enacted,” said the high court as it cited there regional consultations held by Congress and even the Department of Education (DepEd) with stake holders.

“And even assuming that no consultations had been made prior to the adoption of the K to 12, it has been held that the ‘penalty for failure on the part of the government to consult could only be reflected in the ballot box and would not nullify government action,” it pointed out.

The SC refuted the claim that of irregularities in the passage since there were insertions made when the bill was brought to then President Benigno “Noynoy” Aquino III.

However, the SC said the petitioners “had all failed to convince the Court to look beyond the four corners of the enrolled copy of the bill.”

“Under the ‘enrolled bill doctrine,’ the signing of a bill by the Speaker of the House and the Senate President and the certification of the Secretaries of both Houses of Congress that it was passed is conclusive not only as to its provisions but also as to its due enactment,” it stated.

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