By Perfecto T. Raymundo
MANILA, March 18 (PNA) — The Supreme Court (SC) has deferred its ruling on whether or not it will stop the implementation of the K-12 program, a national 12-year basic education program.
During Tuesday’s en banc session, the SC justices decided not to rule yet on the petition against the K-12 education program.
Chief Justice Maria Lourdes P. Aranal Sereno is now in Singapore for an official mission and the Acting Chief Justice, Senior Associate Justice Antonio T. Carpio.
The justices decided to wait on the next en banc session to rule on the case.
The SC en banc will deliberate on the petition against K-12 program on March 24, 2015.
The petition was filed by the “Coalition for the Suspension of K to 12”, “Suspend K to 12 Alliance” and the Council of Teachers and Staff of Universities and Colleges in the Philippines (COTESCUP).
It asked the SC to nullify Republic Act No. 10533, or the “Enhanced Basic Education Act of 2013”, as well as its Implementing Rules and Guidelines and Joint Guidelines.
The petitioners also asked the SC to declare void the Department of Education (DepEd) Memorandum No. 2, Series of 2015, which was issued for the implementation of RA No. 10533.
The K-12 program mandates one year of kindergarten, six years of elementary school, four years of junior high school and two years of senior high school.
It will be fully implemented in 2016.
The SC was also asked to immediately issue a temporary restraining order (TRO) or writ of preliminary injunction to stop the implementation of the K-12 program.
The petitioners argued that the said law is illegal and unconstitutional as it will be an additional expenditure for a Filipino family despite shortages of fund.
“Considering that more than 20 million Filipinos are poor, adding two more years in the basic education will just be an added burden for many families. Based on the statement of the [DepEd], 40% of senior high school students will be admitted to private schools because of the incapacity of the public schools to serve them, further making education as a business rather than as a right and is bound to serve only those who are capacitated,” the petition said.
It added that the country is not ready for the implementation of the 12-year basic education cycle as mandated by the K to 12 program because of the lack of sufficient number of classrooms, text books and other facilities.
The petitioners further argued that the K-12 program will cause displacement and loss of work to 80,000 teachers and non-teaching personnel in various colleges and universities nationwide.
“RA No. 10533 fails to provide for ‘full protection to labor and promotion of full employment and equality of employment opportunities for all,’ which is mandated in Article XIII, Section 3 of the 1987 Constitution. The Constitution promotes work creation or protection and not work displacement or loss. In the implementation of this law, education workers face the risk of early separation, forced retirement, constructive dismissal, diminution of salaries and benefits, labor contractualization, and a general threat to self-organization,” the petitioners said.
In assailing the Implementing Rules and Regulations, Joint Guidelines and the DepEd memorandum, they argued that these “have no basis under the K-12 Law, particularly in terms of the provisions on lower compensation and retrenchment.” (PNA)