Legal Mandates And Academic Freedom: A Policy Analysis In Philippine Higher Education

Abstract

This policy analysis examines the intricate balance between legal mandates and academic freedom in Philippine higher education. Anchored in the 1987 Philippine Constitution and Republic Acts 7722, 10931, and 11448, the study investigates how state regulation both empowers and constrains institutional autonomy. Using a qualitative policy analysis design guided by Walt and Gilson’s Policy Triangle Framework, legal texts, CHED Memorandum Orders, jurisprudence, and policy reports from 2021 to 2025 were analyzed through thematic coding and interpretive synthesis. Findings reveal seven interrelated policy domains—flexible learning, red-tagging, RA 10931 implementation, autonomy compliance fatigue, transnational education ambiguities, data privacy governance, and access inequities—that collectively expose systemic regulatory fragmentation. While these frameworks aim to uphold accountability and equity, they often produce compliance-driven governance that marginalizes intellectual liberty. The study recommends a shift toward outcomes-based, rights-conscious regulation through a national Academic Freedom Protocol, risk-proportionate oversight, digital equity standards, and harmonized policy frameworks aligned with SDG 4 and SDG 16 to strengthen both institutional integrity and academic independence.