The Department of Education has been ordered to answer a petition filed with the Supreme Court by various groups seeking to stop the K-12 program, which added two years to the country’s secondary education.
In a en banc resolution, the high court directed the DepEd and other concerned agencies to file their comments to the petition of the Council of Teachers and Staff of Colleges and Universities of the Philippines assailing the legality of Republic Act 10533 and its implementing rules and regulations.
The high court gave the respondents 10 days from receipt of notice to comply with the order and justify the program that will reportedly lead to hiatus in entry of students in colleges and universities.
Apart from the DepEd, the high court also required the Commission on Higher Education and Department of Labor and Employment to file their respective comments.
Petitioners alleged that R.A. 10533 violates the rights of education workers to full protection of labor, promotion of full employment and equality of employment opportunities, which are all mandated under Article XIII, Section 3 of the Constitution.
The groups told the high tribunal that more than 70,000 college teachers and non-teaching personnel stand to lose their jobs as a result of the full implementation of the program in 2016.
Because of this, the petitioners noted that there would be a lag of two years in enrolment at the tertiary level by 2016 as additional two years of senior high school.
Apart from the law and its IRR, they also questioned before the SC the joint guidelines dated May 30, 2014, Department of Education Memo No. 2 Series of 2015 dated January 2015 and House Bill No. 5493 filed on February 23, 2015.
Petitioners alleged that the orders had no basis under the K-12 Law when they provided for compensation (upon transfer to senior high school) and retrenchment of workers.
According to them, the issuances are contrary to law and jurisprudence as education workers are forced to suffer such forms of unjust labor practices.
They added that HB 5493 is also inadequate as it fails to include the fundamental labor rights of affected workers mentioned in Article XIII, Section 3 of the Constitution, which states that “the State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.”