Constitutional provisions BP 232 RA 7798 RA 7722 RA 7796, The TESDA Act of 1994 RA 9155, Governance of Basic Education Act 2001 RA 7784, Creation of a Teacher Education Council RA 8980, Early Childhood Care and Development (ECCD) Act PD 1006, Decree Professionalizing Teaching RA 4670, Magna Carta for Public School Teachers RA 7836, Philippine Teacher Professionalization Act of 19 94 RA 9293, Certain Amendments to RA 7836 RA 8190, Localization Law RA 6713, Code of Conduct and Ethical Standards for Public Officials and Employees RA 5447, Special Education Fund Law -101 RA 6655, Free Secondary Public Education Act of 1988 RA 6728, Government Assistance To Students and Teachers In Private Education Act (GASTPE Act) RA 8545, Amendments to the GASTPE Act RA 7687, Science and Technology Scholarship Act of o f 1994
1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES ARTICLE XIV EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS EDUCATION Section 1. The State shall protect and promote the right of all citizens to quality education at all levels, and shall take appropriate steps to make such education accessible to all. Section 2. The State shall:
Establish, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of the people and society; Establish and maintain, a system of free public education in the elementary and high school levels. Without limiting the natural rights of parents to rear their children, elementary education is compulsory for all children of school age; Establish and maintain a system of scholarship grants, student loan programs, subsidies, and other incentives which shall be available to deserving students in both public and private schools, especially to the under-privileged; Encourage non-formal, informal, and indigenous learning systems, as well as self -learning, independent, and out-of-school study programs particularly those that respond to community needs; and Provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational efficiency, and other skills. Section 3. All educational institutions shall include the study of the Constitution as part of the curricula. They shall inculcate patriotism and nationalism, foster love of humanity, respect for human rights, appreciation of the role of national heroes in the historical development of the country, teach the rights and duties of citi zenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency. At the option expressed in writing by the parents or guardians, religion shall be allowed to be taught to their children or wards in public elementary and high schools within the regular class hours by instructors designated or approved by the religious authorities of the religion to which the children or wards belong, without additional cost to the Government. Government. Section 4. The State recognizes the complementary roles of public and private institutions in the educational system and shall exercise reasonable supervision and regulation of all e ducational institutions. Educational institutions, other than those established by religious groups and mission boards, shall be owned solely by citizens of the Philippines or corporations or associations at least sixty per centum of the capital of which is owned by such citizens. The Congress may, however, however, require increased Filipino equity participation in all educational i nstitutions. The control and administration of educational institutions shall be vested in citizens of the Philippines. No educational institution shall be established exclusively for aliens and no group of aliens shall comprise more than one-third of the enrollment in any school. The provisions of this sub section shall
Establish, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of the people and society; Establish and maintain, a system of free public education in the elementary and high school levels. Without limiting the natural rights of parents to rear their children, elementary education is compulsory for all children of school age; Establish and maintain a system of scholarship grants, student loan programs, subsidies, and other incentives which shall be available to deserving students in both public and private schools, especially to the under-privileged; Encourage non-formal, informal, and indigenous learning systems, as well as self -learning, independent, and out-of-school study programs particularly those that respond to community needs; and Provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational efficiency, and other skills. Section 3. All educational institutions shall include the study of the Constitution as part of the curricula. They shall inculcate patriotism and nationalism, foster love of humanity, respect for human rights, appreciation of the role of national heroes in the historical development of the country, teach the rights and duties of citi zenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency. At the option expressed in writing by the parents or guardians, religion shall be allowed to be taught to their children or wards in public elementary and high schools within the regular class hours by instructors designated or approved by the religious authorities of the religion to which the children or wards belong, without additional cost to the Government. Government. Section 4. The State recognizes the complementary roles of public and private institutions in the educational system and shall exercise reasonable supervision and regulation of all e ducational institutions. Educational institutions, other than those established by religious groups and mission boards, shall be owned solely by citizens of the Philippines or corporations or associations at least sixty per centum of the capital of which is owned by such citizens. The Congress may, however, however, require increased Filipino equity participation in all educational i nstitutions. The control and administration of educational institutions shall be vested in citizens of the Philippines. No educational institution shall be established exclusively for aliens and no group of aliens shall comprise more than one-third of the enrollment in any school. The provisions of this sub section shall
not apply to schools established for foreign diplomatic personnel and their dependents and, unless otherwise provided by law, for other foreign temporary residents. All revenues and assets of non-stock, non-profit educational institutions used actually, directly, and exclusively for educational purposes shall be exempt from taxes and duties. Upon the dissolution or cessation of the corporate existence of such institutions, their assets shall be disposed of in the manner provided by law. Proprietary educational institutions, including those cooperatively owned, owned, may likewise be entitled to such exemptions, subject to the limitations provided by law, including restrictions on di vidends and provisions for reinvestment. Subject to conditions prescribed by law, all grants, endowments, donations, or contributions used actually, directly, and exclusively for educational purposes shall be exempt from tax. Section 5. The State shall take into account regional and sectoral needs and conditions and shall encourage local planning in the development of educational policies and programs. Academic freedom shall be enjoyed in all i nstitutions of higher learning. Every citizen has a right t o select a profession or course of study, subject to fair, reasonable, and equitable admission and academic requirements. The State shall enhance t he right of t eachers to professional advancement. Non-teaching academic and non-academic personnel shall enjoy the protection of the State. The State shall assign t he highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment. LANGUAGE Section 6. The national language of the Philippines is Filipino. As it evolves, it shall be further developed and enriched on the basis of existing Phil ippine and other languages. Subject to provisions of law and as the Congress may deem appropriate, the Government shall take steps to initiate and sustain the use of Filipino as a medium of official communication and as language of instruction in the educational system. Section 7. For purposes of communication and instruction, the official languages of the Philippines are Filipino and, until otherwise provided by law, English. The regional languages are the auxiliary official languages in the regions and shall serve as auxiliary media of instruction therein. Spanish and Arabic shall be promoted on a voluntary and optional basis.
Section 8. This Constitution shall be promulgated in Filipino and English and shall be translated into major regional languages, Arabic, and Spanish. Section 9. The Congress shall establish a nati onal language commission composed of representatives of various regions and disciplines which shall undertake, coordinate, and promote researches for the development, propagation, and preservation of Filipino and other languages. SCIENCE AND TECHNOLOGY Section 10. Science and technology are essential for national development and progress. The State shall give priority to research and development, invention, innovation, and their utilization; and to science and technology education, training, and services. It shall support indigenous, appropriate, and self-reliant scientific and technological capabilities, and their application to the country’s productive systems and national life. Section 11. The Congress may provide for incentives, including tax deductions, to encourage private participation in programs of basic and applied scientific research. Scholarships, grants-in-aid, or other forms of incentives shall be provided to deserving science students, researchers, scientists, i nventors, technologists, and specially gifted citizens. Section 12. The State shall regulate the transfer and promote the adaptation of t echnology from all sources for the national benefit. It shall encourage the widest participation of private groups, local governments, and community-based organizations in the generation and utilization of science and technology. Section 13. The State shall protect and secure the exclusive rights of scientists, inventors, artists, and other gifted citizens to their i ntellectual property and creations, particularly when beneficial to the people, for such period as may be provided by law. ARTS AND CULTURE Section 14. The State shall foster the preservation, enrichment, and dynamic evolution of a Filipino national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression. Section 15. Arts and letters shall enjoy t he patronage of the State. The State shall conserve, promote, and popularize the nation’s historical and cultural heritage and resources, as well as artistic creations. Section 16. All the country’s artistic and historic wealth constitutes the cultural t reasure of the nation and shall be under the protection of the State which may regulate its disposition. Section 17. The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies.
Section 18. The State shall ensure equal access to cultural opportunities through the educational system, public or private cultural entities, scholarships, grants and other incentives, and community cultural centers, and other public venues. The State shall encourage and support researches and studies on the arts and culture. SPORTS Section 19. The State shall promote physical education and encourage sports programs, league competitions, and amateur sports, including training for international competitions, to foster self discipline, teamwork, and excellence for the development of a healthy and alert citizenry. All educational institutions shall undertake regular sports activities throughout the coun try in cooperation with athletic clubs and other sectors.
fBATAS PAMBANSA BLG. 232 AN ACT PROVIDING FOR THE ESTABLISHMENT AND MAINTENANCE OF AN INTEGRATED SYSTEM OF EDUCATION
I. GENERAL PROVISIONS Chapter 1 Preliminary Matters Section 1. Title. – This Act shall be known as the “Education Act of 1982.” Section 2. Coverage. – This Act shall apply to and govern both formal and non-formal systems in public and private schools in all levels of the entire educational system. Chapter 2 Declaration op Basic State Policy and Objectives Section 3. Declaration of Basic Policy. – It is the policy of the State to establish and maintain a complete, adequate and integrated system of education relevant to the goals of national development. Toward this end, the government shall ensure, within the context of a free and democratic system, maximum contribution of the educational) system to the attainment of the following national developmental goals: To achieve and maintain an accelerating rate of economic development and social progress; To assure the maximum participation of all the people in the attainment and enjoyment of the benefits of such growth; and To achieve and strengthen national unity and consciousness and preserve, develop and promote desirable cultural, moral and spiritual values in a changing world. The State shall promote the right of every individual to relevant quality education, regardless of sex, age, creed, socio-economic status, physical and mental conditions, racial or ethnic origin,
political or other affiliation. The State shall therefore promote and maintain equality of access to education as well as the enjoyment of the benefits of education by all its citizens. The State shall promote the right of the nation‟s cultural communities in the exercise of their right
to develop themselves within the context of their cultures, customs, traditions, interests and belief, and recognizes education as an instrument for their maximum participation in national development and in ensuring their involvement in achieving national unity. Section 4. Declaration of Objectives. – The educational system aims to: Provide for a broad general education that will assist each individual in the peculiar ecology of his own society, to (a) attain his potentials as a human being; (b) enhance the range and quality of individual and group participation in the basic functions of society; and (c) acquire the essential educational foundation of his development into a productive and versatile citizen; Train the nation‟s manpower in the middle-level skills required for national development; Develop the professions that will provide leadership for the nation in the advancement of knowledge for improving the quality of human life; and Respond effectively to changing needs and conditions of the nation t hrough a system of educational planning and evaluation.
Towards the realization of these objectives, and pursuant to the Constitution, all educational institutions shall aim to inculcate love of country, teach the duties of citizenship, and develop moral character, personal discipline, and scientific, technological, and vocational efficiency. Furthermore, the educational system shall reach out to educationally deprived communities, in order to give meaningful reality to their membership in the national society, to enrich their civic participation in the community and national life, and to unify all Filipinos into a free and just nation. II. THE EDUCATIONAL COMMUNITY Chapter 1 Preliminary Provisions Section 5. Declaration of Policy and Objectives. – It is likewise declared government policy to foster, at all times, a spirit of shared purposes and cooperation among the members and elements of the educational community, and between the community and other sectors of society, in the realization that only in such an atmosphere can the t rue goals and objectives of education be fulfilled. Moreover, the State shall: Aid and support the natural right and duty of parents in the rearing of the youth through the educational system.
Promote and safeguard the welfare and interests of the students by defining their rights and obligations, according them privileges, and encouraging the establishment of sound relationships between them and the other members of the school community. Promote the social and economic status of all school personnel, uphold their rights, define their obligations, and improve their living and working conditions and career prospects. Extend support to promote the viability of those institutions through which parents, students and school personnel seek to attain their educational goals.
Section 6. Definition and Coverage. – “Educational community” refers to those persons or gr oups of persons as such, or associated in institutions involved in organized teaching and learning systems. The members and elements of the educational community are: “Parents” or guardians or the head of the institution or foster home which has custody of the pupil or student. “Students,” or those enrolled in and who regularly attend an educational institution of secondary or higher level or a person engaged in formal study. “Pupils” are those who regularly attend a school of elementary level under the supervision and tutelage of a teacher. “School personnel,” or all persons working for an educational institution, which includes the following: “Teaching or academic staff,” or all persons engaged in actual teaching and/or re search assignments, either on full-time or part-time basis, in all levels of the educational system. “School administrators,” or all persons occupying policy implementing positions having to do with the functions of the school in all levels. “Academic non-teaching personnel,” or those persons holding some academic qualifications and performing academic functions directly supportive of teaching, such as registrars, librarians, guidance counsellors, researchers, research assistants, research aides, and similar staff. “Non-academic personnel,” or all other school personnel not falling under the definition and coverage of teaching and academic staff, school administrators and academic non-teaching personnel. “Schools,” or institutions recognized by the State which undertake educational operations.
Section 7. Community Participation. – Every educational institution shall provide for the establishment of appropriate bodies through which the members of the educational community may discuss relevant issues, and communicate information and suggestions for assistance and support of the school and for the promotion of their common interest.
Representatives from each subgroup of the educational community shall sit and participate in these bodies, the rules and procedures of which must be approved by them and duly published. Chapter 2 Rights Section 8. Rights of Parents. – In addition to other rights under existing laws, all parents who have children enrolled in a school shall have the following rights: The right to organize by themselves and/or with teachers for the purpose of providing a forum for the discussion of matters relating to the total school program, and for ensuring the f ull cooperation of parents and teachers in the formulation and efficient implementation of such programs. The right to access to any official record directly relating to the children who are under their parental responsibility.
Section 9. Rights of Students in School. – In addition to other rights, and subject to the limitations prescribed by law and regulations, students and pupils in all schools shall enjoy the following rights: The right to receive, primarily through competent instruction, relevant quality education in line with national goals and conducive to their full development as persons with human dignity. The right to freely choose their field of study subject to existing curricula and to continue their course therein up to graduation, except in cases of academic deficiency, or violation of disciplinary regulations. The right to school guidance and counselling services for making decisions and selecting the alternatives in fields of work suited to his potentialities. The right of access to his own school records, the confidentiality of which the school shall maintain and preserve. The right to the issuance of official certificates, diplomas, transcript of records, grades, transfer credentials and other similar documents within thirty days from request. The right to publish a student newspaper and similar publications, as well as the right to invite resource persons during assemblies, symposia and other activities of similar nature. The right to free expression of opinions and suggestions, and to effective channels of communication with appropriate academic and administrative bodies of the school or institution. The right to form, establish, join and participate in organizations and societies recognized by the school to foster their intellectual, cultural, spiritual and physical growth and development, or to form, establish, join and maintain organizations and societies for purposes not contrary to law. The right to be free from involuntary contributions, except those approved by their own organizations or societies.
Section 10. Rights of all School Personnel. – In addition to other rights provided for by law, the following rights shall be enjoyed by all school personnel: The right to free expression of opinion and suggestions, and to effective channels of communication with appropriate academic and administrative bodies of the school or institution. The right to be provided with free legal service by the appropriate government office in the case of public school personnel, and through the school authorities concerned in the case of private school personnel, when charged in an administrative, civil and/or criminal proceedings by parties other than the school or regulatory authorities concerned for actions committed directly in the lawful discharge of professional duties and/or in defense of school policies. The right to establish, join and maintain labor organizations and/or professional and self regulating organizations of their choice to promote their welfare and defend their interests. The right to be free from involuntary contributions except those imposed by their own organizations.
Section 11. Special Rights and/or Privileges of Teaching or Academic Staff. – Further to the rights mentioned in the preceding Section, every member of the teaching or academic staff shall enjoy the following rights and/or privileges: The right to be free from compulsory assignments not related to their duties as defined in their appointments or employment contracts, unless compensated therefor, conformably to existing law. The right to intellectual property consistent with applicable laws. Teachers shall be deemed persons in authority when in the discharge of lawful duties and responsibilities, and shall, therefore, be accorded due respect and protection. Teachers shall be accorded the opportunity to choose alternative career lines either in school administration, in classroom teaching, or others, for purposes of career advancement.
Section 12. Special Rights of School Administrators. – School administrators shall, in accordance with existing laws, regulations and policies of the Ministry of Education, Culture and Sports, be accorded sufficient administrative discretion necessary for the efficient and effective performance of their functions. School administrators shall be deemed persons in authority while in the discharge of lawful duties and responsibilities, and shall therefore be accorded due r espect and protection. Section 13. Rights of Schools. – In addition to other rights provided for by law, schools shall enj oy the following: The right of their governing boards or lawful authorities to provide for the proper governance of the school and to adopt and enforce administrative or management systems. The right for institutions of higher learning to determine on academic grounds who shall be admitted to study, who may teach, and what shall be the subjects of the study and research.
Chapter 3 Duties and Obligations Section 14. Duties of Parents. – In addition to those provided for under existing laws, all parents shall have the following duties and obligations: Parents, individually or collectively, through the school systems, shall help carry out the educational objectives in accordance with national goals. Parents shall be obliged to enable their children to obtain elementary education and shall strive to enable them to obtain secondary and higher education in the pursuance of the right formation of the youth. Parents shall cooperate with the school in the implementation of the school program curricular and cocurricular Section 15. Duties and Responsibilities of Students. – In addition to those provided for under existing laws, every student shall: Exert his utmost to develop his potentialities for service, particularly by undergoing an education suited to his abilities, in order that he may become an asset to his family and to society. Uphold the academic integrity of the school, endeavor to achieve academic excellence and abide by the rules and regulations governing his academic responsibilities and moral integrity. Promote and maintain the peace and tranquility of the school by observing the rules of discipline, and by exerting efforts to attain harmonious relationships with fellow students, the teaching and academic staff and other school personnel. Participate actively in civic affairs and in the promotion of the general welfare, particularly in the social, economic and cultural development of his community and in the attainment of a just, compassionate and orderly society. Exercise his rights responsibly in the knowledge that he is answerable for any infringement or violation of the public welfare and of the rights of others.
Section 16. Teachers‟ Obligations. – Every teacher shall: Perform his duties to the school by discharging his responsibilities in accordance with the philosophy, goals and objectives of the school. Be accountable for the efficient and effective attainment of specified learning objectives in pursuance of national development goals within the limits of available school resources. Render regular reports on performance of each student and to the latter and the latter‟s parents or guardians with specific suggestions for improvement. Assume the responsibility to maintain and sustain his professional growth and advancement and maintain professionalism in his behavior at all times. Refrain from making deductions in students‟ scholastic ratings for acts that are clearly not manifestations of poor scholarship.
Participate as an agent of constructive social, economic, moral, intellectual, cultural and political change in his school and the community within the context of national policies.
Section 17. School Administrators‟ Obligations. – Every school administrator shall: Perform his duties to the school by discharging his responsibilities in accordance with the philosophy, goals and objectives of the school. Be accountable for the efficient and effective administration and management of the school. Develop and maintain a healthy school atmosphere conducive to the promotion and preservation of academe freedom and effective teaching and learning, and to harmonious and progressive school-personnel relationship. Assume and maintain professional behavior in his work and in dealing with students, teachers, academic non-teaching personnel, administrative staff, and parents or guardians. Render adequate reports to teachers, academic non-teaching personnel and non-academic staff on their actual performance in relation to their expected performance and counsel them on ways of improving the same. Observe due process, fairness, promptness, privacy, constructiveness and consistency in disciplining his teachers and other personnel. Maintain adequate records and submit required reports to the Ministry of Education, Culture and Sports.
Section 18. Obligations of Academic Non-Teaching Personnel. – Academic non-teaching personnel shall: Improve himself professionally by keeping abreast of the latest trends and techniques in his profession. Assume, promote and maintain a professional attitude towards his work, students, teachers, administrators and administrative staff and relate with them in a supportive and cordial manner. Promote and maintain an atmosphere conducive to servi ce and learning. III – THE EDUCATIONAL SYSTEMS Chapter 1 Formal Education Section 19. Declaration of Policy. – The State recognizes that formal education, or the school system, is society‟s primary learning system, and therefore the ma in instrument for the achievement of the country‟s educational goals and objectives.
Section 20. Definition. – “Formal Education” refers to the hierarchically structured and chronologically graded learnings organized and provided by the for mal school system and for which certification is required in order for the learner to progress through the grades or move to higher levels. Formal education shall correspond to the following levels:
Elementary Education – the first stage of compulsory, formal education primarily concerned with providing basic education and usually corresponding to six or seven grades, including pre school programs. Secondary Education – the stage of formal education following the elementary level concerned primarily with continuing basic education and expanding it to i nclude the learning of employable gainful skills, usually corresponding to four years of high school. Tertiary Education – post-secondary schooling is higher education leading to a degree in a specific profession or discipline.
Section 21. Objectives of Elementary Education. – The objectives of elementary education are: To provide the knowledge and develop the skills, attitudes, and values essential to personal development and necessary for living in and contributing to a developing and changing social milieu; To provide learning experiences which increase the child‟s awareness of and responsivene ss to the changes in and just demands of society and to prepare him for constructive and effective involvement; To promote and intensify the child‟s knowledge of, identification with, and love for the nation and the people to which he belongs; and To promote work experiences which develop the child‟s orientation to the world of work and creativity and prepare himself to engage i n honest and gainful work.
Section 22. Objectives of Secondary Education. – The objectives of secondary education are: To continue to promote the objectives of elementary education; and To discover and enhance the different aptitudes and interests of the student so as to equip him with skills for productive endeavor and/or prepare him for tertiary schooling.
Section 23. Objectives of Tertiary Education. – The objectives of tertiary education are: To provide a general education program that will promote national i dentity, cultural consciousness, moral integrity and spiritual vigor; To train the nation‟s manpower in the skills requi red for national development; To develop the professions that will provide leadership for the nation; and To advance knowledge through research work and apply new knowledge for improving the quality of human life and responding effectively to changing societal needs and conditions.
Chapter 2 Non-formal Education and Specialized Educational Services Section 24. Specialized Educational Service. – The State further recognizes its responsibility to provide, within the context of the formal education system, services to meet special needs of
certain clientele. These specific types, which shall be guided by the basic policies of the State embodied in the General Provisions of this Act, include: “Work Education,” or “Practical Arts,” as a program of basic education which aims to develop the right attitudes towards work; and “technical-vocational education,” post-secondary but non-degree programs leading to one – two, or three-year certificates in preparation for a group of mi ddle-level occupations. “Special Education,” the education of persons who are physically, mentally, emotionally, socially, or culturally different from the so-called “normal” individuals that they require modification of school practices/services to develop them to their maximum capacity; and “Non-formal Education,” any organized school-based educational activities undertaken by the Ministry of Education, Culture and Sports and other agencies aimed at attaining specific learning objectives for a particular clientele, especially the illiterates and the out-of-school youth and adults, distinct from and outside the regular offerings of the f ormal school system.
The objectives of non-formal education are as follows: To eradicate illiteracy and raise the level of functional literacy of the population; To provide unemployed and underemployed youth and adults with appropriate vocational/technical skills to enable them to become more productive and effective citizens; and To develop among the clientele of non-formal education proper values and attitudes necessary for personal, community and national development.
Chapter 3 Establishment of Schools Section 25. Establishment of Schools. – All schools shall be established in accordance with law. The establishment of new national schools and the conversion of existing schools from elementary to national secondary schools or from secondary to national secondary or tertiary schools shall be by law: Provided, That any private school proposed to be established must incorporate as a non-stock educational corporation in accordance with the provisions of the Corporation Code of the Philippines. This requirement to incorporate may be waived in the case of family-administered pre-school institutions. Government assistance to such schools for educational programs shall be used exclusively for that purpose. Section 26. Definition of Terms. – The terms used in this Chapter are deemed as follows: “Schools” are duly established institutions of learning or educational institutions. “Public Schools” are educational institutions established and administered by the government.
“Private Schools” are educational institutions maintained and a dministered by private individuals or groups.
Section 27. Recognition of Schools. – The educational operations of schools shall be subject to the prior authorization of the government, and shall be effected by recognition. In t he case of government operated schools, whether local, regional, or national, recognition of educational programs and/or operations shall be deemed granted simultaneously with establishment. In all other cases the rules and regulations governing recognition shall be prescribed and enforced by the Ministry of Education, Culture and Sports defining therein who are qualified to apply, providing for a permit system, stating the conditions for the grant of recognition and for its cancellation and withdrawal, and providing for related matters. Section 28. Effects of Recognition; Punishable Violations. – The issuance of a certificate of recognition to a school shall have the following effects: It transforms the temporary permit to a permanent authority to operate; It entitles the school or college to give the students who have completed the course for which recognition is granted, a certificate, title or diploma; and It shall entitle the students who have graduated from said recognized course or courses t o all the benefits and privileges enjoyed by graduates in similar courses of studies in all schools recognized by the government.
Operation of schools and educational programs without authorization, and/or operation thereof in violation of the terms of recognition, are hereby declared punishable violations subject to the penalties provided in this Act. Section 29. Voluntary Accreditation. – The Ministry shall encourage programs of voluntary accreditation for institutions which desire to meet standards of quality over and above the minimum required for State recognition. Chapter 4 Internal Organization of School Section 30. Organization of Schools. – Each school shall establish such internal organization as will best enable it to carry out its academic and administrative functions, subject to limitations provided by law. Each school shall establish such arrangements for the peaceful settlement of disputes between or among the members of the educational community. Section 31. Governing Board. – Every government college or university established as a tertiary institution and every private school shall have a governing board pursuant to its charter or to the Corporation Code of the Philippines, as the case may be.
Section 32. Personnel Transactions. – The terms and conditions of employment of personnel in government schools shall be governed by the Civil Service, budgetary and compensation laws and rules. In private schools, disputes arising from employer-employee relations shall fall under the jurisdiction of the Ministry of Labor and Employment as provided for by law and regulations: Provided, That in view of the special employment status of the teaching and academic non-teaching personnel, and their special roles in the advancement of knowledge, standards set or promulgated jointly by the Ministry of Education, Culture and Sports and by the Ministry of Labor and Employment shall be applied by the Ministry of Labor and Employment: Provided, further , That every private school shall establish and implement an appropriate system within the school for the prompt and orderly settlement of personnel disputes at the school level, subject to the provisions of Articles 262 and 263 of the Labor Code. Chapter 5 School Finance and Assistance Section 33. Declaration of Policy. – It is hereby declared to be the policy of the State that the national government shall contribute to the financial support of educational programs pursuant to the goals of education as declared in the Constitution. Towards this end, the government shall: Adopt measures to broaden access to education through financial assistance and other forms of incentives to schools, teachers, pupils and students; and Encourage and stimulate private support to education through, inter alia, fiscal and other assistance measures. A. Funding of Public Schools Section 34. National Funds. – Public schools shall continue to be funded primarily from national funds:Provided, That local governments shall be encouraged to assume operation of local public schools on the basis of national fund participation and adequate revenue sources which may be assigned by the national government for the purpose. Section 35. Financial Aid and Assistance to Public Secondary Schools. – The national government shall extend financial aid and assistance to public secondary schools e stablished and maintained by local governments, including barangay high schools. Section 36. Share of Local Government. – Provinces, cities and municipalities and barangays shall appropriate funds in their annual budgets for the operation and maintenance of public secondary schools on the, basis of national fund participation. Section 37. Special Education Fund. – The proceeds of the Special Education Fund accruing to local governments shall be used exclusively for the purposes enumerated in Section 1 of Republic Act No. 5447, and in accordance with rules and regulations issued by the Ministry of Education, Culture and Sports and the Ministry of the Budget. Said proceeds shall be considered a local fund and shall be subject to Presidential Decree No. 477, Presidential Decree No. 1375 and other applicable local budget laws and regulations.
Section 38. Tuition and other School Fees. – Secondary and post-secondary schools may charge tuition and other school fees, in order to improve facilities or to accommodate more students. Section 39. Income from other Sources. – Government-supported educational institutions may receive grants, legacies, donations and gifts for purposes allowed by existing laws. Furthermore, income generated from production activities and from auxiliary enterprises may be retained and used for schools concerned in accordance with rules and regulations jointly issued consistently with pertinent appropriation and budgetary laws by the Ministry of the Budget, the Ministry of Education, Culture and Sports and the Commission on Audit. B. Funding Of Private Schools Section 40. Funding of Private Schools. – Private schools may be funded from their capital investments or equity contributions, tuition fees and other school charges, grants, loans, subsidies, passive investment income and income from other sources. Section 41. Government Assistance. – The government, in recognition of their complementary role in the educational system, may provide aid to the programs of private schools in the form of grants or scholarships, or loans from government financial institutions: Provided, That such programs meet certain defined educational requirements and standards and contribute to the attainment of national development goals. Section 42. Tuition and Other School Fees. – Each private school shall determine its rate of tuition and other school fees or charges. The rates and charges adopted by schools pursuant to t his provision shall be collectible, and their application or use authorized, subject to rules and regulations promulgated by the Ministry of Education, Culture and Sports. Section 43. Income from. Other Sources. – Any private school duly recognized by the government, may receive any grant and legacy, donation, gift, bequest or devise from any individual, institution, corporation, foundation, trust or philanthropic organization, or research institution or organization as may be authorized by law. Furthermore, private schools are authorized to engage in any auxiliary enterprise to generate income primarily to finance their educational operations and/or to reduce the need to increase students‟ fees.
Section 44. Institutional Funds. – The proceeds from tuition fees and other school charges, as well as other income of schools, shall be treated as institutional funds. Schools may pool their institutional funds, in whole, or in part, under joint management for the purpose of generating additional financial resources. C. Incentives to Education Section 45. Declaration of Policy. – It is the policy of the State in the pursuit of its national education development goals to provide an incentive program to encourage the participation of the community in the development of the educational sector.
Section 46. Relating to School Property. – Real property, such as lands, buildings and other improvements thereon used actually, directly and exclusively for educational purposes shall be subject to the real property tax based on an. assessment of fifteen percent of the market value of such property: Provided, That all the proceeds from the payment thereof shall accrue to a special private education ment thereof shall accure to a special private education fund which shall be managed and disbursed by a local private school board which shall be constituted in each municipality or chartered city with private educational institutions with the mayor or his representative as chairman and not more than two representatives of the institutional taxpayers, and, likewise, not more than two residents of the municipality or chartered city who are alumni of any of the institutional taxpayers as members: Provided, further , That fifty percent of the additional one percent tax on real estate property provided for under Republic Act 5447, shall accrue to the special private education fund: Provided, finally, That in municipalities or chartered cities wherein the number of private institutions with individual enrollment of pupils and students over five thousand exceeds fifteen, the members of the private school board shall be increased to not more than fourteen members determined proportionately by the Minister of Education, Culture and Sports. The private school board shall adopt its own rules which shall enable it to finance the annual programs and projects of each institutional taxpayer for the following purposes; student-pupil scholarships; improvement of instructional, including laboratory, facilities and/or equipment; library books and periodicals acquisition; and extension service in the community, in that order of priority. Section 47. Relating to Gifts or Donations to Schools. – All gifts or donations in favor of any school, college or university recognized by the Government shall not be subject to tax: Provided, That such gifts or donations shall be for improvement of classrooms and laboratory or library facilities, and shall not inure to the benefit of any officer, director, official, or owner or owners of t he school, or paid out as salary, adjustments or allowance of any form or nature whatsoever, except in support of faculty and/or professorial chairs. Section 48. Relating to Earnings from Established Scholarship Funds. – All earnings from the investment of any duly established scholarship fund of any school recognized by the government, constituted from gifts to the school, and/ or fr om contributions or other resources assigned to said fund by the school, if said earnings are actually used to fund additional scholarship grants to financially deserving students shall be exempt from tax until the scholarship fund is fully liquidated, when the outstanding balance thereof shall be subject to tax. Section 49. School Dispersal Program. – All gains realized from the sale, disposition or transfer of property, real or personal, of any duly established private school, college or university, in pursuance of a school dispersal program of the government or of the educational institution as approved by the government, shall be considered exempt from tax if the total proceeds of t he sale are reinvested in a new or existing duly established school, college, or university located in the dispersal site, within one (1) year from the date of such sale, transfer o r disposition; otherwise, all taxes due on the gains realized from the transaction shall immediately become due and payable. Section 50. Conversion to Educational Foundations. – An educational institution may convert itself into a non-stock, non-profit educational foundation, in accordance with the implementing
rules to be issued jointly by the Ministry of Education, Culture and Sports and the Ministry of Finance. In the case of stock corporations, if for any reason its corporate existence as an educational institution ceases and is not renewed, all its net assets after liquidation of the liabilities and other obligations may be conveyed and transferred to any non-profit educational institution or successor non-profit educational institution or to be distributed by a court to another organization to be used in such manner as in the judgment of said court will best accomplish the general purposes for which the dissolved organization was organized, or to the State. D. Assistance to Students Section 51. Government Assistance to Students. – The government shall provide financial assistance to financially disadvantaged and deserving students. Such assistance may be in the form of State scholarships, grants-in-aid, assistance from the Educational Loan Fund, or subsidized tuition rates in State colleges and universities. All the above and similar assistance programs shall provide for reserve quotas for financially needed but academically qualified students from the national cultural communities. Section 52. Grant of Scholarship Pursuant to Existing Laws. – Educational institutions shall be encouraged to grant scholarships to students pursuant to the provisions of existing laws and such scholarship measures as may hereafter be provided for by law. Section 53. Assistance from the Private Sector. – The private sector, especially educational institutions, business and industry, shall be encouraged to grant financial assistance to students, especially those undertaking research in the fields of science and technology or in such projects as may be necessary within the context of national development. IV. THE MINISTRY OF EDUCATION, CULTURE AND SPORTS Chapter 1 General Provisions Section 54. Declaration of Policy. – The administration of the education system and, pursuant to the provisions of the Constitution, the supervision and regulation of educational institutions are hereby vested in the Ministry of Education, Culture and Sports, without prejudice to the provisions of the charter of any state college and university. Section 55. Organization. – The Ministry shall be headed by the Minister of Education, Culture and Sports who shall be assisted by one or more Deputy Ministers. The organization of the Ministry shall consist of (a) the Ministry Proper composed of the immediate Office of the Minister, and the Services of the Ministry, (b) the Board of Higher Education, which is hereby established, (c) the Bureau of Elementary Education, the Bureau of Secondary Education, the Bureau of Higher Education, the Bureau of Technical and Vocational Education, and the Bureau of Continuing Education, which are hereby established, (d) Regional offices and field offices, (e) the National Scholarship Center and such other agencies as are now or may be established pursuant to law, and (f) the cultural agencies, namely: the National
Library, the National Historical Institute, the National Museum, and the Institute of National Language. Such of the above offices as are created or authorized to be established under this provision, shall be organized and staffed and shall function, subject to the approval of the President, upon recommendation of the Minister of Education, Culture and Sports in consultation with the Presidential Commission on Reorganization. Section 56. The National Board of Education is hereby abolished, and its appropriations, personnel, records, and equipment are hereby transferred to the Office of the Minister of Education, Culture and Sports. Section 57. Functions and Powers of the Ministry. – The Ministry shall: Formulate general education objectives and policies, and adopt long-range educational plans; Plan, develop and implement programs and projects in education and culture; Promulgate rules and regulations necessary for the administration, supervision and regulation of the educational system in accordance with declared policy; Set up general objectives for the school system; Coordinate the activities and functions of the school system and the various cultural agencies under it; Coordinate and work with agencies concerned with the educational and cultural development of the national cultural communities; and Recommend and study legislation proposed for a doption.
Section 58. Report to the Batasang Pambansa. – The Minister of Education, Culture and Sports shall make an annual report to the Batasang Pambansa on the implementation of the national basic education plan, the current condition of the education sector, the effectiveness of the education programs, the adequacy or deficiency of the appropriations and status of expenditures, the impact of education on the different regions, the growth of enrollment, the adequacy of academic facilities, the concentration of low income groups, or the supply of teaching and non-teaching personÂnel, with such comments and appropriate recommendations thirty (30) days before the opening of its regular session. Chapter 2 Board of Higher Education Section 59. Declaration of Policy. – Higher education will be geared towards the provision of better quality education, the development of middle and high-level manpower, and the intensification of research and extension services. The main thrust of higher education is to achieve equity, efficiency, and high quality in the institutions of higher learning both public and private, so that together they will provide a complete set of program offerings that meet both national and regional development needs.
Section 60. Organization of the Board of Higher Education. – The Board of Higher Education is reconstituted as an advisory body to the Minister of Education, Culture and Sports. The Board shall be composed of a Deputy Minister of Education, Culture and Sports designated as Chairman and four other members to be appointed by the President of the Philippines upon nomination by the Minister of Education, Culture and Sports for a term of four years. The four members shall have distinguished themselves in the field o f higher education and development either in the public or private sector. In the initial appointment of the non- ex officio members, the first appointee shall serve for a term of four years; the second for a term of three years; the third for a term of two years, and the fourth for a term of one year. The Director of the Bureau of Higher Education shall participate in the deliberation of the Board but without the right to vote. The Bureau of Higher Education shall provide the Board with the necessary technical and staff support: Provided, That the Board may create technical panels of experts in the various disciplines as the need arises. Section 61. Functions of the Board of Higher Education. – The Board shall: Make policy recommendations regarding the planning and management of the integrated system of higher education and the continuing evaluation thereof. Recommend to the Minister of Education, Culture and Sports steps to improve the governance of the, various components of the higher education system at national and regional levels. Assist the Minister of Education, Culture and Sports in making recommendations relative to the generation of resources and their allocation for higher education. Chapter 3 The Bureaus Section 62. Bureau of Elementary Education. – The Bureau shall perform the following functions: Conduct studies and formulate, develop, and evaluate programs and educational standards for elementary education; Undertake studies necessary for the preparation of prototype curricular designs, instructional materials, and teacher training programs for elementary education; and Formulate guidelines to improve elementary school physical plants and equipment, and general management of these schools.
Section 63. Bureau of Secondary Education. – The, Bureau shall perform the following functions: Conduct studies and formulate, develop and evaluate programs and educational standards for secondary education; Develop curricular designs, prepare instructional materials, and prepare and evaluate programs to upgrade the quality of the teaching and non-teaching staff at the secondary level; Formulate guidelines to improve the secondary school physical plants and equipment, and general management of these schools.
Section 64. Bureau of Technical mid Vocational Education. – The Bureau shall perform the following: Collaborate with other agencies in the formulation of manpower plans; Conduct studies, formulate, develop and evaluate post -secondary vocational-technical programs and recommend educational standards for these programs; Develop curricular designs and prepare instructional materials, prepare and evaluate programs to upgrade the quality of teaching and non-teaching staff, and formulate guidelines to improve the physical plant and equipment of post-secondary vocational-technical schools.
Section 65. Bureau of Higher Education. – The Bureau of Higher Education shall perform the following functions: Develop, formulate and evaluate programs, projects and educational standards for a higher education; Provide staff assistance to the Board of Higher Education in its policy formulation and advisory functions; Provide technical assistance to encourage institutional development programs and projects; Compile analyze and evaluate data on higher education; and Perform other functions provided for by law.
Section 66. Bureau of Continuing Education. – As the main implementing arm of the non-formal education programs of the Ministry, the Bureau shall provide learning programs or activities that shall: Serve as a means of meeting the learning needs of those unable to avail themselves of the educational services and programs of formal education; Provide opportunities for the acquisition of skills necessary to enhance and ensure continuing employability, efficiency, productivity, and competitiveness in the labor market; Serve as a means for expanding access to educational opportunities to citizens of varied interests, demographic characteristics and socio-economic origins or status.
Chapter 4 Regional Offices Section 67. Functions. – A regional office shall: Formulate the regional plan of education based on the national plan of the Ministry taking into account the specific needs and special traditions of the region; Implement education laws, policies, plans, programs, rules and regulations of the Ministry or agency in the regional area;
Provide economical, efficient and effective education services to the people in the area.
V. MISCELLANEOUS PROVISIONS Chapter 1 Penal and Administrative Sanctions Section 68. Penalty Clause. – Any person upon conviction for an act in violation of Section 28, Chapter 3, Title. III above, shall be punished with a fine of not less than two thousand pesos (P2,000.00) nor more than ten thousand pesos (P10,000.00) or imprisonment for a maximum period of two (2) years, or both, in the discretion of the court. If the act is committed by a school corporation, the school head together with the person or persons responsible for the offense or violation shall be equally liable. Section 69. Administrative Sanction. – The Minister of Education, Culture and Sports may prescribe and impose such administrative sanction as he may deem reasonable and appropriate in the implementing rules and regulations promulgated pursuant to this Act for any of the following causes: Mismanagement of school operations; Gross inefficiency of the teaching or non-teaching personnel; Fraud or deceit committed in connection with the application for Ministry permit or recognition; Failure to comply with conditions or obligations prescribed by this Code or its im plementing rules and regulations; and Unauthorized operation of a school, or course, or any component thereof, or any violation of the requirement governing advertisements or announcements of educational institutions.
Sanctions against the schools shall be without prejudice to the interest of the students, teachers and employees. Chapter 2 Administrative Provisions Section 70. Rule-making Authority. – The Minister of Education, Culture and Sports charged with the administration and enforcement of this Act, shall promulgate the necessary implementing rules and regulations. Section 71. Separability Provision. – Any part or provision of this Act which may be held invalid or unconstitutional shall not affect its remaining parts or provisions. Section 72. Repealing Clause. – All laws or parts thereof inconsistent with any provision of this Act shall be deemed repealed or modified, as the case may be. Section 73. Effectivity. – This Act shall take effect upon its approval. Approved, September 11, 1982.
Xc REPUBLIC ACT NO. 7798 AN ACT AMENDING SECTION 25 OF BATAS PAMBANSA BLG. 232, OTHERWISE KNOWN AS THE “EDUCATION ACT OF 1982″
Section 1. Section 25, Chapter 3 of the Education Act of 1982 is hereby amended to read as follows: “Section 25. Establishment of Schools. – All schools shall be established in accordance with law. The establishment of new national schools and the conversion of existing schools from elementary to national secondary schools or from secondary to n ational secondary or tertiary schools shall be by law:provided, that any private school proposed to be established must incorporate as either a non-stock or a stock educational corporation in accordance with the provisions of the Corporation Code of the Philippines. This requirement to incorporate may be waived in the case of family-administered pre-school institutions. “Provided, that the minimum paid-up capital for stock educational institutions for those engaged in elementary education shall not be less than One million pesos (P1,000,000.00); not less than Two million five hundred thousand pesos (P2,500,000.00) for those offering both elementary and secondary education; and not less than Five million pesos (P5,000,000.00) for those offering elementary, secondary and t ertiary and postgraduate courses, except existing educational institutions organized as stock corporations which may retain their original capitalization. “Existing educational institutions organized as stock corporations may a utomatically apply for renewal of their corporate existence when the original period is about to expire. “Provided, finally, that stock educational institutions may be allo wed only in capital-intensive courses of study as may be determined by the Department of Edu cation, Culture and Sports, the Commission on Higher Education, and the Department of Science and Technology, as the case may be. “Any school that is established or organized as a stock corporation shall be ineligible for any form of government subsidy, incentive or assistance, except those given to individual students and teachers in the form of scholarships, student loans or other forms of subsidy as already mandated under existing laws. Government assistance to non-stock schools for educational programs shall be used exclusively for that purpose. “Taxes shall not be due on donations to educational corporations.”
Section 2. The Department of Education, Culture and Sports and the Commission on Higher Education, as the case may be, are hereby authorized to formulate within sixty (60) days from the approval of this Act implementing rules and guidelines governing the establishment and operation of stock educational corporations that may be organized pursuant to this Act with particular emphasis on meeting the objectives of quality education and academic excellence provided for by the provisions of Batas Pambansa Blg. 232, otherwise known as the Education Act of 1982.
Section 3. All laws, rules and ordinances inconsistent with this Act are hereby repealed or modified accordingly. Section 4. This Act shall take effect fifteen (15) days after its publication in at least two (2) national newspapers of general circulation. Approved, August 25, 1994. REPUBLIC ACT NO. 7722 AN ACT CREATING THE COMMISSION ON HIGHER EDUCATION, APPROPRIATING FUNDS THEREFORE AND FOR OTHER PURPOSES
Section 1. Title. – This Act shall be known as the “Higher Education Act of 1994.” Section 2. Declaration of Policy. – The State shall protect, foster and promote the right of all citizens to affordable quality education at all levels and shall take appropriate steps to ensure that education shall be accessible to all. The State shall likewise ensure and protect academic freedom and shall promote its exercise and observance for the continuing int ellectual growth, the advancement of learning and research, the development of responsible and effective leadership, the education of high-level and middle-level professionals and the enrichment of our historical and cultural heritage. State-supported institutions of higher learning shall gear their programs to national, regional or local development plans. Finally, all institutions of higher learning shall exemplify through their physical and natural surroundings the dignity and beauty of as well as their pride in, the intellectual and scholarly life. Section 3. Creation of the Commission on Higher Education. – In pursuance of the abovementioned policies, the Commission on Higher Education is hereby created hereinafter referred to as the Commission. The Commission shall be independent and separate from the Department of Education, Culture and Sports (DECS), and attached to the Office of the President for administrative purposes only. Its coverage shall be both public and private institutions of higher education as well as degreegranting programs in all post-secondary educational institutions, public and private. Section 4. Composition of the Commission. – The Commission shall be composed of five (5) fulltime members. During the transition period which begins upon approval of this Act, President may appoint the Secretary of Education, Culture and Sports as ex-officio chairman of the Commission for a maximum period of one (1) year. Thereafter, the President shall appoint a Chairman of the Commission and four (4) commissioners, who shall be holders of earned doctorate(s), who have been actively engaged in higher education for at least ten (10) years, and must not have been candidates for elective positions in the elections immediately preceding their appointment. They shall be academicians known for t heir high degree of professionalism and integrity who have distinguished themselves as authorities in their chosen fields of learning. The members of the Commission shall belong to different academic specializations.
In no case shall any and all of the Commissioners appoint representatives to act on their behalf. Section 5. Term of Office. – The President shall appoint the full-time chairman and the commissioners for a term of four (4) years, without prejudice to one reappointment. The terms of the initial appointees shall be on a staggered basis: the full-time chairman shall hold office for a term of four (4) years, the next two (2) commissioners for three (3) years, and the last two (2) commissioners for two (2) years. The commissioners shall hold office until their successors shall have been appointed and qualified. Should a member of the Commission fail to complete his term, his successors shall be appointed by the President of the Philippines but only for the unexpired portion of the term. Section 6. Rank and Emoluments. – The chairman and the commissioners shall have the rank of a Department Secretary and Undersecretary, respectively. They shall receive the compensation and other emoluments corresponding to those of a Department Secretary and Undersecretary, respectively, and shall be subject to the same disqualifications. Section 7. Board of Advisers. – There shall be constituted a Board of Advisers which shall meet with the Commission at least once a year to assist it in aligning its policies and plans with the cultural, political and socioeconomic development needs of the nation and with the demands of world-class scholarship. The Board of Advisers shall be composed of the following: a) the Secretary of Education, Culture and Sports, as chairman; b) the Director-General of the National Economic and Development Authority, as co -chairman; c) the Secretary of Science and Technology; d) the Secretary of Trade and Industry; e) the Secretary of Labor and Employment; f) the President of the Federation of Accrediting Associations of the Philippines (FAAP); andg) the President of the Fund for Assistance to Private Education (FAPE).Two (2) additional members of the Board of Advisers may be appointed by the President upon recommendation of t he Commission.
Section 8. Powers and Functions of the Commission. – The Commission shall have the following powers and functions: a) formulate and recommend development plans, policies, priorities, and programs on higher education and research; b) formulate and recommend development plans, policies, priorities and programs on research; c) recommend to the executive and legislative branches, priorities and grants on higher education and research;
d) set minimum standards for programs and institutions of higher learning recommended by panels of experts in the field and subject to public hearing, and enforce the same; e) monitor and evaluate the performance of programs and institutions of higher learning for appropriate incentives as well as the imposition of sanctions such as, but not limited to, diminution or withdrawal of subsidy, recommendation on the downgrading or withdrawal of accreditation, program termination or school closure; f) identify, support and develop potential centers of excellence in program areas needed for the development of world-class scholarship, nation building and national development; g) recommend to the Department of Budget and Management the budgets of public institutions of higher learning as well as general guidelines for the use of their income; h) rationalize programs and institutions of higher learning and set standards, policies and guidelines for the creation of new ones as well as the conversion or elevation of schools to institutions of higher learning, subject to budgetary limitations and the number of i nstitutions of higher learning in the province or region where creation, conversion or elevation is sought to be made; i) develop criteria for allocating additional resources such as research and program development grants, scholarships, and other similar programs: provided, that these shall not detract from the fiscal autonomy already enjoyed by colleges and universities; j) direct or redirect purposive research by institutions of higher learning to meet the needs of agro-industrialization and development; k) devise and implement resource development schemes; l) administer the Higher Education Development Fund, as described in Section 10 hereunder, which will promote the purposes of higher education; m) review the charters of institutions of higher learning and state universities and colleges including the chairmanship and membership of their governing bodies and recommend appropriate measures as basis for necessary action; n) promulgate such rules and regulations and exercise such other powers and functions as may be necessary to carry out effectively the purpose and objectives of this Act; and o) perform such other functions as may be necessary for its effective operations and for the continued enhancement, growth or development of higher education.
Section 9. The Secretariat. – The Commission shall organize a secretariat which shall be headed by an executive officer, subject to the national compensation and position classification plan. It shall fix the secretariat‟s staffing pattern, determine the duties, qualifications, responsibilities and functions, as well as the compensation scheme for the positions to be created upon the recommendation of the executive officer. It shall also prepare and approve its budget.
The Commission shall appoint the members of the staff upon the recommendation of the executive officer. Section 10. The Higher Education Department Fund. – A Higher Education Development Fund, hereinafter referred to as the Fund, is hereby established exclusively for the strengthening of higher education in the entire country. a) The Government‟s contribution to the Fund shall be the following: 1) the amount of Five hundred million pesos (P500,000,000) as seed capital; 2) the amount of Fifty million pesos (P50,000,000) for the initial operation of the Commission; 3) the equivalent of forty percent (40%) annual share on the total gross collections of the travel tax; 4) the equivalent of thirty percent (30%) share of the collections from the Professional Registration Fee; and 5) the equivalent of one percent (1%) of the gross sales of the lotto operation of the Philippine Charity Sweepstakes Office (PCSO). b) Starting Fiscal Year 1995 and every year thereafter, government financing institutions identified and requested by the Commission may contribute to the Fund an amount equivalent to not less than three percent (3%) but not more than five percent (5%) of their unimpaired surplus realized during the immediately preceding year. c) The Fund shall have a private portion to be raised from donations, gifts, and other conveyances including materials, equipment, properties and services by gratuitous title.
Section 11. Management and Administration of the Higher Education Development Fund. – The Fund shall be administered by the Commission. For sound and judicious management of the Fund, the Commission shall appoint a reputable government financial institution as portfolio manager of the Fund, subject to the following conditions. As administrator of the Fund, the Commission shall prepare the necessary guidelines for its use, subject to the following conditions: a) No part of the seed capital of the Fund, including earnings thereof, shall be used to underwrite overhead expenses for administration; b) Unless otherwise stipulated by the private donor, only earnings of private contributions shall be used for administrative expenses; c) The Commission shall appoint and organize a separate staff, i ndependent administratively and budgetarily separate from the Commission Secretariat; and d) The Fund shall be utilized equitably according to regions and programs.
Section 12. The Technical Panels. – The Commission shall reconstitute and/or organize technical panels for different disciplines/program areas. They shall assist the Commission in setting standards and in program and institution monitoring and evaluation. The technical panels shall be composed of senior specialists or academicians to be appointed by the Commission. Section 13. Guarantee of Academic Freedom. – Nothing in this Act shall be construed as limiting the academic freedom of universities and colleges. In particular, no abridgment of curricular freedom of the individual educational institutions by the Commission shall be made except for: (a) minimum unit requirements for specific academic programs; (b) general education distribution requirements as may be determined by the Commission; and (c) specific professional subjects as may be stipulated by the various licensing entities. No academic or curricular restriction shall be made upon private educational institutions which are not required for chartered state colleges and universities.
Section 14. Accreditation. – The Commission shall provide incentives to institutions of higher learning, public and private, whose programs are accredited or whose needs are for accreditation purposes. Section 15. Tax Exemptions. – Any donation, contribution, bequest, and grant which may be made to the Commission shall constitute as allowable deduction from the income of the donor for income tax purposes and shall be exempt from donor‟s tax, subject to such conditions as
provided under the National Internal Revenue Code, as amended. Section 16. Authority. – The Commission shall exercise such authority as may be deemed necessary within its premises or areas of operation to effectively carry out its powers and functions and to attain its objectives: provided, that the Commission may seek the assistance of other government agencies for the proper implementation of this Act. Section 17. Appropriation. – The amount of Five hundred million pesos (P500,000,000) is hereby authorized to be appropriated for the seed capital of the Fund. The additional amount of Fifty million pesos (P50,000,000) is hereby authorized to be appropriated out of the funds in the National Treasury not otherwise appropriated or out of the Philippine Amusement and Gaming Corporation (PAGCOR) funds for the initial operation of the Commission. The sum equivalent to the appropriations for the current year for the Bureau of Higher Education and the degree-granting-programs of the Bureau of Technical-Vocational Education, including those for higher and tertiary education and degree granting vocational and technical programs of the Bureau of Technical-Vocational Education in the regional offices, as well as parts of the budgetary items under the DECS budget that are concerned with higher and tertiary education and degree-granting vocational and technical programs such as those fo r personal services, maintenance and other operating expenses and capital outlay, shall be transferred to the Commission. Thereafter, the funds necessary shall be included in the General Appropriations Act.
Section 18. Transitory Provisions. – Such personnel, properties, assets and liabilities, functions and responsibilities of the Bureau of Higher Education, including those for higher and tertiary education and degree-granting vocational and technical programs in the regional offices, under the Department of Education, Culture and Sports, and other government entities having functions similar to those of the Commission are hereby transferred to the Commission. The Commission shall have the authority to appoint its own personnel. All regular or permanent employees transferred to the Commission shall not suffer any loss of seniority or rank or decrease in emoluments. Personnel of the Bureau of Higher Education not otherwise transferred to the Commission shall be reassigned by the DECS in any of its offices and bureaus: provided, however , that, any employee who cannot be accommodated shall be given all the benefits as may be provided under existing laws, rules and regulations. Jurisdiction over DECS-supervised or chartered state-supported post-secondary degree-granting vocational and technical programs and tertiary institutions shall be transferred to the Commission. A transitory body is hereby created which shall be composed of the Secretary of Education, Culture and Sports (DECS), Chair of the Senate Committee on Education, Arts and Culture, Chair of the House Committee on Education and Culture, a representative each of the Association of Christian Schools and Colleges (ACSC), the Catholic Educational Association of the Philippines (CEAP), the Philippine Association of Colleges and Universities (PACU), the Philippine Association of Private Schools, Colleges and Universities (PAPSCU), the Philippine Association of State Universities and Colleges (PASUC), and the Philippine Association of Private Technical Institutions (PAPTI).The transitory body shall facilitate the complete and full operation of the Commission which shall not be later than three (3) months after the effectivity of this Act. It shall likewise, promulgate the rules and regulations necessary to effectively implement the smooth and orderly transfer to the Commission. The transition period not exceeding three (3) months shall commence from the approval of this Act. Section 19. Repealing Clause. – All laws, presidential decrees, executive orders, rules and regulations or parts thereof which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Section 20. Separability Clause. – If any part or provision of this Act shall be held unconstitutional or invalid, other provisions hereof which are not affected t hereby shall continue to be in full force and effect. Section 21. Effectivity. – This Act shall take effect upon its approval. Approved, May 18, 1994.
vREPUBLIC ACT NO. 7796 AN ACT CREATING THE T ECHNICAL EDUCATION AND SKILLS DEVELOPMENT AUTHORITY, PROVIDING FOR ITS POWERS, STRUCTURE AND FOR OTHER PURPOSES
Section 1. Title. – This Act shall be known as the “Technical Educational and Skills Development Act of 1994″ or the “TESDA Act of 1994.”
Section 2. Declaration of Policy. – It is hereby declared the policy of the State to provide relevant, accessible, high quality and efficient technical education and skills development in support of the development of high quality Filipino middle-level manpower responsive to and in accordance with Philippine development goals and priorities. The State shall encourage active participation of various concerned sectors, particularly private enterprises, being direct participants in and immediate beneficiaries of a trained and skilled work force, in providing technical education and skills development opportunities. Section 3. Statement of Goals and Objectives. – It is the goal and objective of this Act to: a) Promote and strengthen the quality of technical education and skills development programs to attain international competitiveness. b) Focus technical education and skills development on meeting the changing demands for quality middle-level manpower; c) Encourage critical and creative thinking by disseminating the scientific and technical knowledge base of middle-level manpower development programs; d) Recognize and encourage the complementary roles of public and private institutions in technical education and skills development and training systems; and e) Inculcate desirable values through the development of moral character with emphasis on work ethic, self-discipline, self-reliance and nationalism.
Section 4. Definition of Terms. – As used in this Act: a) “Skill” shall mean the acquired and practiced ability to carry out a task or job; b) “Skills Development” shall mean the process through which learners and workers are systematically provided with learning opportunities to acquire or upgrade, or both, their ability, knowledge and behavior pattern required as qualifications for a job or range of jobs in a given occupational area; c) “Technical Education” shall refer to the education process designed at post-secondary and lower tertiary levels, officially recognized as non-degree programs aimed at preparing technicians, para-professionals and other categories of middle-level workers by providing them with a broad range of general education, theoretical, scientific and technological studies, and related job skills training; d) “Trade” shall mean any group of interrelated jobs or any occupation which is traditionally or officially recognized as craft or artisan in nature requiring specific qualifications that can be acquired through work experience and/or t raining; e) “Middle-Level Manpower” refers to those :1) who have acquired practical skills and knowledge through formal or non-formal education and training equivalent to at least a
secondary education but preferably a post-secondary education with a corresponding degree or diploma; or2) skilled workers who have become hi ghly competent in their trade or craft as attested by industry; f) “Private Enterprises” refers to an economic system under which property of all kinds can be privately owned and in which individuals, alone or in association with another, can embark on a business activity. This includes industrial, agricultural, or agro-industrial establishments engaged in the production, manufacturing, processing, repacking or assembly of goods including serviceoriented enterprises; g) “Trainers” shall mean persons who direct the practice of skills towards imm ediate improvement in some task; h) “Trainors/trainers” shall mean persons who provide training to trainers aimed at developing the latter‟s capacities for imparting attitudes, knowledge, skills and behavior patterns required for specific jobs, tasks, occupations or group of related occupations; pri) “Trainees” shall mean persons who are participants in a vocational, administrative or technical training program for the purpose of acquiring and developing job-related skills; j) “Apprenticeship” training within employment with compulsory related theoretical instructions involving a contract between an apprentice and an employer on an approved apprenticeable occupation; k) “Apprentice” is a person undergoing training for an approved apprenticeable occupation during an established period assured by an apprenticeship agreement; l) “Apprenticeship Agreement” is a contract wherein a prospective employer binds himself to train the apprentice who in turn accepts the terms of t raining for a recognized apprenticeable occupation emphasizing the rights, duties and responsibilities of each party; m) “Apprenticeable Occupation” is an occupation officially endorsed by a tripartite body and approved for apprenticeship by the Authority; n) “Learners” refer to persons hired as trainees in semi-skilled and other industrial occupations which are non-apprenticeable. Learnership programs must be approved by the Authority. o) “User -Led” or “Market-Driven Strategy” refers to a strategy which promotes strengthened linkages between educational/training institutions and industry to ensure that appropriate skills and knowledge are provided by the educational system; p) “Dual System/Training” refers to a delivery system of quality technical and vocational education which requires training to be carried out alternately in two venues: In school and in the production plant. In-school training provides the trainee the theoretical foundation, basic training, guidance and human formation, while in-plant training develops his skills and proficiency in actual work conditions as it continues to inculcate personal discipline and work values;
q) “Levy Grant System” refers to a legal contribution from participating employers who would be beneficiaries of the program (often as a percentage of the payroll) which is sub sequently turned over or rebated to enterprises offering employee training programs.
Section 5. Technical Education and Skills Development Authority; Creation. – To implement the policy declared in this Act, there is hereby created a Technical Education and Skills Development Authority (TESDA), hereinafter referred to as the Authority, which shall replace and absorb the National Manpower and Youth Council (NMYC), the Bureau of Technical and Vocational Education (BTVE) and the personnel and functions pertaining to technicalvocational education in the regional offices of the Department of Education, Culture and Sports (DECS) and the apprenticeship program of the Bureau of Local Employment of the Department of Labor and Employment. Section 6. Composition of the Authority. – The Authority shall be composed of the TESDA Board and TESDA Secretariat. Section 7. Composition of the TESDA Board. – The TESDA Board shall be composed of the following: The Secretary of Labor and Employment – Chairperson Secretary of Education, Culture and Sports – Co-Chairperson Secretary of Trade and Industry – Co-Chairperson Secretary of Agriculture – Member Secretary of Interior and Local Government – Member Director-General of the TESDA Secretariat – Member
In addition, the President of the Philippines shall appoint the following members from the private sector: two (2) representatives, from the employer/industry organization, one of whom shall be a woman; three (3) representatives, from the labor sector, one of whom shall be a woman; and two (2) representatives of the national associations of private technical-vocational education and training institutions, one of whom shall be a woman. As soon as all the members of the private sector are appointed, they shall so organize themselves that the term of office of onethird (1/3) of their number shall expire every year. The member from the private sector appointed thereafter to fill vacancies caused by expiration of terms shall hold office for three (3) years. The President of the Philippines may, however, revise the membership of the TESDA Board, whenever the President deems it necessary for the effective performance of the Board‟s
functions through an administrative order. The TESDA Board shall meet at least twice a year, or as frequently as may be deemed necessary by its Chairperson. In the absence of the Chairperson, a Co-Chairperson shall preside. In case any member of the Board representing the Government cannot attend the meeting, he or she
shall be regularly represented by an undersecretary or deputy-director general, as the case may be, to be designated by such member for the purpose. The benefits, privileges and emoluments of the Board shall be consistent with existing laws and rules. Section 8. Powers and Functions of the Board. – The Authority shall primarily be responsible for formulating, continuing, coordinated and fully integrated technical education and skills development policies, plans and programs taking into consideration the following: a) the State policy declared herein of giving new direction and thrusts to efforts in developing the quality of Filipino human resource through technical education and skills development; b) the implementation of the above-mentioned policy requires the coordination and cooperation of policies, plans, and programs of different concerned sectors of Philippine society; c) equal participation of representatives of i ndustry groups, trade associations, employers, workers and government shall be made the rule in order to ensure that urgent needs and recommendations are readily addressed; and d) improved linkages between industry, labor and government shall be given priority in the formulation of any national-level plan.
The Board, shall have the following powers: 1) promulgate, after due consultation with industry groups, trade associations, employers, workers, policies, plans, programs and guidelines as may be necessary for the effective implementation of this Act; 2) organize and constitute various standing committees, subsidiary groups, or technical working groups for efficient integration, coordination and monitoring technical education and skills development programs at the national, regional, and local levels; lex3) enter into, make, execute, perform and carry-out domestic and foreign contracts subject to existing laws, rules and regulations; 4) restructure the entire sub-sector consisting of all institutions and programs involved in the promotion and development of middle-level manpower through upgrading, merger and/or phase-out following a user-led strategy; 5) approve trade skills standards and trade tests as established and conducted by private industries; 6) establish and administer a system of accreditation of both public and private institutions; 7) establish, develop and support institutions‟ trainors‟ training and/or programs; 8) lend support and encourage increasing utilization of the dual training system as provided for by Republic Act No. 7686;9) exact reasonable fees and charges for such tests and trainings
conducted and retain such earnings for its own use, subject to guidelines promulgated by the Authority; 10) allocate resources, based on the Secretariat‟s recommendations, for the programs and projects it shall undertake pursuant t o approved National Technical Education and Skills Development Plan; 11) determine and approve systematic funding schemes such as the Levy and Grant scheme for technical education and skills development purposes; 12) create, when deemed necessary, an Advisory Committee which shall provide expert and technical advice to the Board to be chosen from the academe and the private sector: provided, that in case the Advisory Committee is created, the Board is hereby authorized to set aside a portion of its appropriation for its operation; and 13) perform such other duties and functions necessary to carry out the provisions of this Act consistent with the purposes of the creation of TESDA.
Section 9. Power to Review and Recommend Action. – The Authority shall review and recommend action to concerned authorities on proposed technical assistance programs and grants-in-aid for technical education or skills development, or both, including those which may be entered into between the Government of the Philippines and other nations, including international and foreign organizations, both here and abroad. Section 10. The TESDA Secretariat. – There is hereby created a Technical Education and Skills Development Authority Secretariat which shall have the following functions and responsibilities: a) to establish and maintain a planning process and formulate a national technical education and skills development plan in which the member-agencies and other concerned entities of the Authority at various levels participate; b) to provide analytical inputs to policy decision-making of the Authority on allocation of resources and institutional roles and responsibilities as shall be embodied in annual agencies technical education and skills development plans, in accordance with the manpower plan for middle-level skilled workers as approved by the Authority; c) to recommend measures, and implement the same upon approval by the Authority, for the effective and efficient implementation of the national technical education and skills development plan; d) to propose to the Authority the specific allocation of resources for the programs and projects it shall undertake pursuant to approved national technical education and skills development plan; e) to submit to the Authority periodic reports on the progress and accomplishment of work programs of implementation of plans and policies for technical educational and skills development;
f) to prepare for approval by the Authority an annual report to the President on technical education and skills development; g) to implement and administer the apprenticeship program as provided for in Section 18 of this Act; h) to prepare and implement upon approval by the Authority a program for the training of trainers, supervisors, planners and managers as provided for in Section 23 of this Act; i) to enter into agreement to implement approved plans and programs and perform activities as shall implement the declared policy of this Act; and j) to perform such other functions and duties as may be assigned by the Board.
Section 11. Director-General. – The TESDA Secretariat shall be headed by a Director-General, who shall likewise be a member of the TESDA Board. The Director -General shall be appointed by the President of the Philippines and shall enjoy the benefits, privileges and emoluments equivalent to the rank of Undersecretary. As Chief Executive Officer of the TESDA Secretariat, the Director-General shall exercise general supervision and control over its technical and administrative personnel. Section 12. Deputy Director-General. – The Director-General shall be assisted by two (2) Deputy Directors-General to be appointed by the President of the Philippines on recommendation of the TESDA Board. One to be responsible for Vocational and Technical Education and Training and one to be responsible for Policies and Planning. The Deputy Directors-General shall enjoy the benefits, privileges and emoluments equivalent to the rank of Assistant Secretary. Section 13. Chief of Services for Administration. – The Director-General shall also be assisted by a Chief of Services for Administration who shall be a Career Civil Service Official to be appointed by the TESDA Board. Section 14. Structural Organization and Personnel. – The TESDA Secretariat, in addition to the offices of the Director-General, Deputy Director-General and Chief of Services for Administration shall be composed of the following offices to be headed by an Executive Director to be appointed by the Director-General and shall have the rank and emoluments of Director IV. a) Planning Office (PO) – The Planning Office shall be under the Office of the Deputy DirectorGeneral and shall have the following functions: 1) to design and establish planning processes and methodologies which will particularly enhance the efficiency of resource allocation decisions within the technical education and skills development sector; 2) to lead in the preparation and periodic updating of a national plan for technical education and skills development which shall become the basis for resource allocation decisions within the sector;
3) to conduct researches, studies and develop information systems for effective and efficient planning and policy-making within the sector; 4) to develop and implement programs and projects aimed at building up planning capabilities of various institutions within the sector; and dctai5) to perform such other powers and functions as may be authorized by the Authority. b) Skills Standards and Certification Office (SSCO). – The Skills Standards and Certification Office shall be under the office of the Deputy Director-General and shall have the following functions: 1) to develop and establish a national system of skills standardization, testing and certification in the country; 2) to design, innovate and adopt processes and methodologies whereby industry groups and workers‟ guilds take note on progressively the responsibility of setting skills standards for identified occupational areas, and the local government units actively participate in promoting skills standards, testing and certification; 3) to establish and implement a system of accrediting private enterprises, workers‟ associations and guilds and public institutions to serve as skills testing venues; 4) to conduct research and development on various occupational areas in order to recommend policies, rules and regulations for effective and efficient skills standardization, testing and certification system in the country; and 5) to perform such other duties and functions as may be authorized. c) National Institute for Technical Vocational and Education Training (NITVET). – The National Institute for Technical Vocational and Education Training to be under the office of the Deputy Director-General and shall have the f ollowing functions: 1) to serve as the research and development arm of the government in the field of technicalvocational education and training; 2) to develop curricula and program standards for various technical-vocational education and training areas; 3) to develop and implement an integrated program for continuing development of trainors, teachers and instructors within the technical education and skills development sector; 4) to develop programs and projects which will build up institutional capabilities within the sector; and 5) to perform such other powers and functions as may be authorized. d) Office of Formal Technical Vocational Education and Training (OFFVET). – The Office of Formal Technical Vocational Education and Training to be under the office of the Deputy DirectorGeneral and shall have the following functions:
1) to provide policies, measures and guidelines for effective and efficient administration of formal technical-vocational education and training programs implemented by various institutions in the country; 2) to establish and maintain a system for accrediting, coordinating integrating, monitoring and evaluating the different formal technical-vocational education and training programs vis-a-vis the approved national technical education and skills development plan; 3) to establish and maintain a network of institutions engaged in institutionalized technicalvocational education and training, particularly with local government units; and 4) to perform such other duties and functions as may be authorized. e) Office of the Non-Formal Technical-Vocational Education and Training (ONFTVET). – The Office of the Non-Formal Technical-Vocational Education and Training to be under the Office of the Deputy Director-General and shall have the following functions: 1) to provide direction, policies and guidelines for effective implementation of non -formal, community-based technical-vocational education and training; 2) to accredit, coordinate, monitor and evaluate various non-formal technical-vocational education and training programs implemented by various institutions particularly, by local government units; 3) to establish and maintain a network of institutions including local government units, non government organizations implementing non-formal, community-based technical-vocational education and training; 4) to perform such other powers and functions as may be authorized. f) Office of Apprenticeship (OA). – The Office of Apprenticeship shall be under the Office of t he Deputy Director-General and shall have the following functions: 1) to provide direction, policies and guidelines on the implementation of the Apprenticeship system; 2) to accredit, coordinate, monitor and evaluate all apprenticeship schemes and programs implemented by various institutions and enterprises; 3) to establish a network of institutions and enterprises conducting apprenticeship schemes and programs; 4) to perform such other powers and functions as may be authorized. g) Regional TESDA Offices. – The Regional TESDA Offices shall be headed by Regional Directors with the rank and emoluments of Director IV to be appointed by the President. The Regional TESDA Offices shall be under the direct control of the Director-General and shall have the following functions:
1) to serve as Secretariat to Regional Technical Education Skills Development (TESDA) Committees; 2) to provide effective supervision, coordination and integration integration of technical education and skills development programs, projects and related activities in their respective respective jurisdiction; 3) to develop and recommend TESDA programs for regional and local-level implementation within the policies set by the Authority; 4) to perform such other duties and functions as may be deemed necessary. necessary.
Section 15. The Provincial TESDA Offices. – Offices. – The Provincial Offices shall be headed by Skill Development Officers who shall have the rank and emoluments of a Director III. The Provincial TESDA Offices shall be under the direct control of the Director -General and shall have the following functions: 1) to serve as Secretariat to Provincial TESDA Committees; 2) to provide technical assistance particularly particularly to local government units for effective supervision, supervision, coordination, integration and monitoring of technical-vocational education and training programs within their localities; 3) to review and recommend TESDA programs for implementation within their localities; and 4) to perform such other duties and functions as may be authorized. authorized.
Furthermore, the TESDA Secretariat may be further composed by such offices as may be deemed necessary by the Authority. The Director-General Director -General shall appoint such personnel necessary to carry out the objectives, policies and functions of the Authority subject to Civil Service laws, rules and regulations. Section 16. Compliance with the Salaries Standardization Law. – Law. – The compensation and emoluments of the officials and employees of the Authority shall be in accordance with the salary standardization law and other applicable laws under the national compensation and classification plan. Section 17. Consultants and Technical Assistance, Publication and Research. Research. – – In pursuing its objectives, the Authority is hereby authorized to set aside a portion of its appropriation for the hiring of services of qualified consultants, and private organizations for research work and publication in the field of technical education and skills development. It shall avail itself of the services of other agencies of the Government as may be required. Section 18. Transfer of the Apprenticeship Program. – Program. – The Apprenticeship Program of the Bureau of Local Employment of the Department of Labor and Employment shall be transferred to the Authority which shall implement and administer said program in accordance with existing laws, rules and regulations. Section 19. Technical Education and Skills Development Committees. – Committees. – The Authority shall establish Technical Education and Skills Development Committees at the regional and local
levels to coordinate and monitor the delivery of all skills development activities by the public and private sectors. These committees shall likewise serve as the Technical Education and Skills Development Committees of the Regional and local development councils. The composition of the Technical Education and Skills Development Committees shall be determined by the Director-General subject to the guidelines to be promulgated by the Authority. Section 20. Skills Development Centers. – Centers. – The Authority shall strengthen the network of national, regional and local skills training centers for the purpose of promoting skills development. This network shall include skills training centers in vocational and technical t echnical schools, technical institutes, polytechnic colleges, and all other duly accredited public and private dual system educational institutions. The technical education and skills development centers shall be administered and operated under such rules and regulations r egulations as may be established by the Authority in accordance with the National Technical Education and Skills Development Plan. Section 21. Formulation of a Comprehensive Development Plan for Middle-Level Manpower. – Manpower. – The Authority shall formulate a comprehensive development plan for middle-level manpower based on a national employment plan or policies for the optimum allocation, development and utilization of skilled workers for employment entrepreneurship and technology development for economic and social growth. This plan shall, after adoption by the Authority, be updated periodically and submitted to the President of the Philippines for approval. Thereafter, it shall be the plan for technical education and skills development for the entire country within t he framework of the National Development Plan. The Authority shall direct the TESDA Secretariat to call on its member-agencies, the private sector and the academe to assist in this effort. The comprehensive plan shall provide for a reformed industry-based training program including apprenticeship, dual training system and other similar schemes intended to: a) promote maximum protection and welfare of the worker-trainee; b) improve the quality and relevance and social accountability of technical education and skills development; c) accelerate the employment-generation efforts of the government; and d) expand the range of opportunities for upward social mobility of the school-going population beyond the traditional higher levels of formal education.
All government and non-government agencies receiving financial and t echnical assistance from the government shall be required to formulate their respective annual agency technical education and skills development plan in line with the national technical education and skills development plan. The budget to support such plans shall be subject to review and endorsement by the Authority to the Department of Budget and Management. The Authority shall evaluate the efficiency and effectiveness of agencies skills development programs and schemes to make them conform with the quantitative and qualitative objectives of the national technical t echnical education and skills development plan.
Section 22. Establishment and Administration of National Trade Skills Standards. – Standards. – There shall be national occupational skills standards to be established by TESDA-accredited industry committees. The Authority shall develop and implement a certification and accreditation program in which private industry groups and tr ade associations are accredited to conduct approved trade tests, and the local government units to promote such trade testing activities in their respective areas in accordance with the guidelines to be set by the Authority. The Secretary of Labor and a nd Employment shall determine the occupational trades for mandatory certification. All certificates relating to the national trade skills testing and certification system shall be issued by the Authority through the TESDA Secretariat. Section 23. Administration of Training Programs. – Programs. – The Authority shall design and administer training programs and schemes that will develop the capabilities of public and private institutions to provide quality and cost-effective cost -effective technical education and skills development and related opportunities. Such training programs and schemes shall include teacher‟s trainors‟ training, skills training for entrepreneur development and technology development, cost effective training in occupational trades and related fields of employment, and value development as an integral component of all skills training programs. Section 24. Assistance to Employers and and Organizations. – Organizations. – The Authority shall assist any employer or organization engaged in skills training schemes designed to attain its objectives under rules and regulations which the Authority shall establish for this purpose. Schemes. – In order to integrate the national skills Section 25. Coordination of All Skills Training Schemes. – development efforts, all technical education and skills training schemes as provided for in this Act shall be coordinated with the Authority particularly those having to do with the setting of trade skills standards. For this purpose, existing technical education and skills training programs in the Government and in the private sector, specifically those wholly or partly financed with government funds, shall be reported to the Authority which shall assess and evaluate such programs to ensure their efficiency and effectiveness.
Section 26. Industry Boards. – Boards. – The Authority shall establish effective and efficient institutional arrangements with industry boards and such other bodies or associations to provide direct participation of employers and workers in the design and implementation of skills development schemes, trade skills standardization and certification and such other functions in the fulfillment of the Authority‟s objectives.
Section 27. Incentives Schemes. – Schemes. – The Authority shall develop and administer appropriate incentives schemes to encourage government and private industries and institutions to provide high-quality technical education and skills development opportunities. Section 28. Skills Development Opportunities. – Opportunities. – The Authority shall design and implement an effective and efficient delivery system for quality technical education and skills development opportunities particularly in disadvantaged sectors, with new tools of wealth creation and with the capability to take on higher value-added gainful activities and to share equitably in productivity gains.
Section 29. Devolution of TESDA‟s Training Function to Local Governments. – In establishing the delivery system provided for in the preceding Section, the Authority shall formulate, implement and finance a specific plan to develop the capability of local government units to assume ultimately the responsibility for effectively providing community-based technical education and skills development opportunities: provided, however , that there shall be formulated and implemented, an effective and timely retraining of TESDA perso nnel that would be affected by the devolution to ensure their being retained if the concerned local government units would not be able to absorb them. Section 30. Skills Olympics. – To promote quality skills development in the country and with the view of participating in international skills competitions, the Authority, with the active participation of private industries, shall organize and conduct annual National Skills Olympics. The Authority, through the TESDA Secretariat, shall promulgate the necessary rules and guidelines for the effective and efficient conduct of Annual National Skills Olympics and for the country‟s
participation in international skills olympics. Section 31. The TESDA Development Fund. – A TESDA Development Fund is hereby established, to be managed/administered by the Authority, the income fro m which shall be utilized exclusively in awarding of grants and providing assistance to training institutions, industries, local government units for upgrading their capabilities and to develop and implement training and training-related activities. The contribution to the fund shall be the following: a) a one-time lump sum appropriation from the National Government; b) an annual contribution from the Overseas Workers Welfare Administration Fund, t he amount of which should be part of the study on financing in conjunction with letter (D) of Section 34; c) donations, grants, endowments, and other bequests or gifts, and d) any other income generated by the Authority.
The TESDA Board shall be the administrator of the fund, and as such, shall formulate the necessary implementing guidelines for the management of the fund, subject to the following: a) unless otherwise stipulated by the private donor, only earnings of private contributions shall be used; and b) no part of the seed capital of the fund, including earnings, thereof, shall be used to underwrite expenses for administration.
The Board shall appoint a reputable government-accredited investment institution as fund manager, subject to guidelines promulgated by the Board. Section 32. Scholarship Grants. – The Authority shall adopt a system of allocation and funding of scholarship grants which shall be responsive to the technical education and skills development needs of the different regions in the country. Section 33. TESDA Budget. – The amount necessary to finance the initial implementation of this Act shall be charged against the existing appropriations of the NMYC and the BTVE. Thereafter,
such funds as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act. Section 34. Transitory Provisions. – a) Within two (2) months after the approval of this Act, the President shall, in consultation with the Secretary of Labor and Employment and the Secretary of Education, Culture and Sports, appoint the private sector representatives of the TESDA Board. b) Within three (3) months after the appointment of the private sector representatives, the President shall, upon the recommendation of the Board, appoint the Director-General. c) Within four (4) months after the appointment of the Director-General, the Board shall convene to determine the organizational structure and staffing pattern of the Authority. d) Within one (1) year after the organization of the Authority, the Board shall commission an expert group on funding schemes for the TESDA Development Fund, as provided in Section 31, the results of which shall be used as the basis for appropriate action by the Board. e) The personnel of the existing National Manpower and Youth Council (NMYC) of the Department of Labor and Employment and the Bureau of Technical and Vocational Education (BTVE) of the Department of Education, Culture and Sports, shall, in a holdover capacity, continue to perform their respective duties and responsibilities and receive their corresponding salaries and benefits until such time when the organizational structure and staffing pattern of the Authority shall have been approved by the Board: provided, that the preparation and approval of the said new organizational structure and staffing pattern shall, as far as practicable, respect and ensure the security of tenure and seniority rights of affected government employees. Those personnel whose positions are not included in the new staffing pattern approved by the Board or who are not reappointed or who choose to be separated as a result of the reorganization shall be paid their separation or retirement benefits under existing laws. Section 35. Automatic Review. – Every five (5) years, after the effectivity of this Act, an independent review panel composed of three (3) persons appointed by the President shall review the performance of the Authority and shall make recommendations, based on its findings to the President and to both Houses of Congress. Section 36. Implementing Rules and Guidelines. – The TESDA Board shall issue, within a period of ninety (90) days after the effectivity of this Act, the rules and regulations for the effective implementation of this Act. The TESDA Board shall submit to the Committees on Education, Arts and Culture of both Houses of Congress copies of the implementing rules and guidelines within thirty (30) days after its promulgation. Any violation of this Section shall render the official/s concerned liable under R.A. No. 6713, otherwise known as the “Code of Conduct and Ethical Standards for Public Officials, and Employees” and other existing administrative and/or criminal laws.
Section 37. Repealing Clause. – All laws, presidential decrees, executive orders, presidential proclamations, rules and regulations or parts thereof contrary to or inconsistent with this Act are hereby repealed or modified accordingly. Section 38. Separability Clause. – If any provision of this Act is declared unconstitutional, the same shall not affect the validity and effectivity of the other provisions hereof. Section 39. Effectivity Clause. – This Act shall take effect fifteen (15) days after its complete publication in two (2) newspapers of general circulation. Approved, August 25, 1994.
xREPUBLIC ACT NO. 9155 AN ACT INSTITUTING A FRAME WORK OF GOVERNANCE FOR BASIC EDUCATION, ESTABLISHING AUTHORITY AND ACCOUNTABILITY, RENAMING THE DEPARTMENT OF EDUCATION, CULTURE AND SPORTS AS THE DEPARTMENT OF EDUCATION, AND FOR OTHER PURPOSES
Section 1. Short Title. – This Act shall be known as the “Governance of Basic Education Act of 2001.”
Section 2. Declaration of Policy. – It is hereby declared the policy of the State to protect and promote the right of all citizens to quality basic education and to make such education accessible to all by providing all Filipino children a free and compulsory education in the elementary level and free education in the high school level. Such education shall also include alternative learning systems for out-of-school youth and adult learners. It shall be the goal of basic education to provide them with the skills, knowledge and values they need to become caring, seIf-reliant, productive and patriotic citizens. The school shall be the heart of the formal education system. It is where children learn. Schools shall have a single aim of providing the best possible basic education for all learners. Governance of basic education shall begin at the national level it is at the regions, divisions, schools and learning centers herein referred to as t he field offices – where the policy and principle for the governance of basic education shall be translated into programs, projects and services developed, adapted and offered to fit local needs. The State shall encourage local initiatives for improving the quality of basic education. The State shall ensure that the values, needs and aspirations of a school community are reflected in the program of education for the children, out-of-school youth and adult learners. Schools and learning centers shall be empowered to make decisions on what is best for the learners they serve. Section 3. Purposes and Objectives. – The purposes and objectives of this Act are: (a) To provide the framework for the governance of basic education which shall set the general directions for educational policies and standards and establish authority, accountability and responsibility for achieving higher learning outcomes;
(b) To define the roles and responsibilities of and provide resources to, the field offices which shall implement educational programs, projects and services in communities they serve; (c) To make schools and learning centers the m ost important vehicle for the teaching and learning of national values and for developing in the Filipino learners love of country and pride in its rich heritage; (d) To ensure that schools and learning centers receive the ki nd of focused attention they deserve and that educational programs, projects and services take into account the interests of all members of the community; (e) To enable the schools and learning centers to ref lect the values of the community by allowing teachers/learning facilitators and other staff to have the flexibility to serve the needs of all learners; (f) To encourage local initiatives for the improvement of schools and learning centers and to provide the means by which these improvements may be achieved and sustained; and (g) To establish schools and learning centers as facilities where schoolchildren are able to learn a range of core competencies prescribed for elementary and high school education programs or where the out-of-school youth and adult learners are provided alternative learning programs and receive accreditation for at least the equivalent of a high school education.
Section 4. Definition of Terms. – For purposes of this Act, the terms or phrases used shall mean or be understood as follows: (a) Alternative Learning System – is a parallel learning system to provide a viable alternative to the existing formal education instruction. It encompasses both the nonformal and informal sources of knowledge and skills; (b) Basic Education – is the education intended to meet basic learning needs which lays the foundation on which subsequent learning can be based. It encompasses early chi ldhood, elementary and high school education as well as alternative learning systems four out-of-school youth and adult learners and includes education for those with special needs; (c) Cluster of Schools – is a group of schools which are geographically contiguous and brought together to improve the learning outcomes; (d) Formal Education – is the systematic and deliberate process of hierarchically structured and sequential learning corresponding to the general concept of elementary and secondary level of schooling. At the end of each level, the learner needs a certification in order to enter or advance to the next level; (e) Informal Education – is a lifelong process of learning by which every person acquires and accumulates knowledge, skills, attitudes and insights from daily experiences at home, at work, at play and from life itself; (f) Integrated School – is a school that offers a complete basic education in one school site and has unified instructional program;
(g) Learner – is any individual seeking basic literacy skills and functional life skills or support services for the improvement of the quality of his/her life; (h) Learning Center – is a physical space to house learning resources and facilities of a learning program for out-of-school youth and adults. It is a venue for face-to-face learning and activities and other learning opportunities for community development and improvement of the people‟s quality of life; (i) Learning Facilitator – is the key learning support person who is responsible for supervising/facilitating the learning process and activities of the learner; (j) Non-Formal Education – is any organized, systematic educational activity carried outside the framework of the formal system to provide selected types of learning to a segment of the population; (k) Quality Education – is the appropriateness, relevance and excellence of t he education given to meet the needs and aspirations of an individual and society; (l) School – is an educational institution, private and public, undertaking educational operation with a specific age-group of pupils or students pursuing defined studies at defined levels, receiving instruction from teachers, usually located in a building or a group of buildings in a particular physical or cybersite; and (m) School Head – is a person responsible for the administrative and instructional supervision of the school or cluster of schools.
CHAPTER 1 GOVERNANCE OF BASIC EDUCATION Section 5. Principles of Shared Governance. – (a) Shared governance is a principle which recognizes that every unit in the education bureaucracy has a particular role, task and responsibility inherent in the office and for which it is principally accountable for outcomes; (b) The process of democratic consultation shall be observed in the decision-making process at appropriate levels. Feedback mechanisms shall be established to ensure coordination and open communication of the central office with the regional, division and school levels; (c) The principles of accountability and transparency shall be operationalized in the performance of functions and responsibilities at all levels; and (d) The communication channels of field offices shall be strengthened to facilitate flow of information and expand linkages with other government agencies, local government units and nongovernmental organizations for effective governance. Section 6. Governance. – The Department of Education, Culture and Sports shall henceforth be called the Department of Education. It shall be vested with authority, accountability and responsibility for ensuring access to, promoting equity in, and improving the quality of basic education. Arts, culture and sports shall be as provided for in Sections 8 and 9 hereof.
Section 7. Powers, Duties and Functions. – The Secretary of the Department of Education shall exercise overall authority and supervision over the operations of the Department. A. National Level In addition to his/her powers under existing laws, the Secretary of Education shall have authority, accountability and responsibility for the following: (1) Formulating national educational policies; (2) Formulating a national basic education plan; (3) Promulgating national educational Standards; (4) Monitoring and assessing national learning outcomes; (5) Undertaking national educational research and studies; (6) Enhancing the employment status, professional competence, welfare and working conditions of all personnel of the Department; and (7) Enhancing the total development of learners through local and national programs and/or projects.
The Secretary of Education shall be assisted by not more than four (4) undersecretaries and not more than four (4) assistant secretaries whose assignments, duties and responsibilities shall be governed by law. There shall be at least one undersecretary and one assistant secretary who shall be career executive service officers chosen from among the staff of th e Department. B. Regional Level There shall be as many regional offices as may be provided by law. Each regional office shall have a director, an assistant director and an office staff for program promotion and support, planning, administrative and fiscal services. Consistent with the national educational policies, plans and standards, the regional director shall have authority, accountability and responsibility for the following: (1) Defining a regional educational policy framework which reflects the values, needs and expectations of the communities they serve; (2) Developing a regional basic education plan; (3) Developing regional educational standards with a view towards bench-marking for international competitiveness; (4) Monitoring, evaluating and assessing regional learning outcomes; (5) Undertaking research projects and developing and managing region wide projects which may be funded through official development assistance and/or or other finding agencies;
(6) Ensuring strict compliance with prescribed national criteria for the recruitment, selection and training of all staff in the region and divisions. (7) Formulating, in coordination with the regi onal development council, the budget to support the regional educational plan which shall take into account the educational plans of the divisions and districts; (8) Determining the organization component of the di visions and districts and approving the proposed staffing pattern of all employees in the divisions and districts; (9) Hiring, placing and evaluating all employees in the regional office, except for the position of assistant director; (10) Evaluating all schools division superintendents and assistant division superintendents in the region; (11) Planning and managing the effective and efficient use of all personnel, physical and fiscal resources of the regional office, including professional staff development.; (12) Managing the database and management information system of the region; (13) Approving the establishment of public and private elementary and high schools and learning centers; and (14) Preforming such other functions as m ay be assigned by proper authorities.
C. Division Level A division shall consist of a province or a city which shall have a schools division superintendent, at least one assistant schools division superintendent and an office staff f or programs promotion, planning, administrative, fiscal, legal, ancillary and other support services. Consistent with the national educational policies, plans and standards the schools division superintendents shall have authority, accountability and responsibility for the following: (1) Developing and implementing division education development plans; (2) Planning and managing the effective and efficient use of all personnel, physical and fiscal resources of the division, including professional staff development; (3) Hiring, placing and evaluating all division supervisors and schools district supervisors as well as all employees in the division, both teaching and non-teaching personnel, including school heads, except for the assistant division superintendent; (4) Monitoring the utilization of funds provided by the national government and the local government units to the schools and learning centers; (5) Ensuring compliance of quality standards for basic education programs and for this purpose strengthening the role of division supervisors as subject area specialists;
(6) Promoting awareness of and adherence by all schools and learning centers to accreditation standards prescribed by the Secretary of Education; (7) Supervising the operations of all public and private elementary, secondary and integrated schools, and learning centers; and (8) Performing such other functions as may be assigned by proper authorities.
D. Schools District Level Upon the recommendation of the schools division superintendents, the regional director may establish additional schools district within a schools d ivision. School districts already existing at tile time of the passage of the law shall be maintained. A schools district shall have a schools district supervisor and an office staff for program promotion. The schools district supervisor shall be responsible for: (1) Providing professional and instructional advice and support to the school heads and teachers/facilitators of schools and learning centers in the district or cluster thereof; (2) Curricula supervision; and (3) Performing such other functions as may be assigned by proper authorities.
E. School Level There shall be a school head for all public elementary schools and public high schools or a cluster thereof. The establishment of integrated schools from existing public elementary and public high schools shall be encouraged. The school head, who may be assisted by an assistant school head, shall be both an instructional leader and administrative manager. The school head shall form a them with the school teachers/learning facilitators for delivery of quality educational programs, projects and services. A core of nonteaching staff shall handle the school‟s administrative, fiscal and auxiliary
services. Consistent with the national educational policies, plans and standards, the school heads shall have authority, accountability and responsibility for the following: (1) Setting the mission, vision, goals and objectives of t he school; (2) Creating an environment within the school that is conducive to teaching and learning; (3) Implementing the school curriculum and being accountable for higher learning outcomes; (4) Developing the school education program and school improvement plan; (5) Offering educational programs, projects and services which provide equitable opportunities for all learners in the community; (6) Introducing new and innovative modes of instruction to achieve higher learning o utcomes;
(7) Administering and managing all personnel, physical and fi scal resources of the school; (8) Recommending the staffing complement of the school based o n its needs; (9) Encouraging staff development; (10) Establishing school and community networks and encouraging the active participation of teachers organizations, nonacademic personnel of public schools, and parents-teacherscommunity associations; (11) Accepting donations, gifts, bequests and grants for the purpose of upgrading teachers‟ learning facilitators‟ competencies, improving ad expanding school f acilities and providing instructional materials and equipment. Such donations or grants must be reported to the appropriate district supervisors and division superintendents; and (12) Performing such other functions as m ay be assigned by proper authorities.
The Secretary of Education shall create a promotions board, at the appropriate levels, which shall formulate and implement a system of promotion for schools decision supervisors, schools district supervisors, and school heads. Promotion of school heads shall be based on educational qualification, merit and performance rather than on the number of teachers/learning facilitators and learners in the school. The qualifications, salary grade, status of employment and welfare and benefits of school heads shall be the same for public elementary, secondary and integrated schools. No appointment to the positions of regional directors, assistant regional directors, schools division superintendents and assistant schools division superintendents shall be made unless file appointee is a career executive service officer who preferably shall have risen from the ranks. CHAPTER 2 TRANSFER OF CULTURAL AGENCIES SEC. 8. Cultural Agencies. – The Komisyon ng Wikang Pilipino, National Historical Institute, Records Management and Archives Office and the National Library shall now be administratively attached to the National Commission for Culture and the Arts (NCCA) and no longer with t he Department of Education. The program for school arts and culture shall remain part of the school curriculum. CHAPTER 3 ABOLITION OF THE BUREAU OF PHYSICAL EDUCATION AND SCHOOL SPORTS Section 9. Abolition of BPESS. – All functions, programs and activities of the Department of Education related to sports competition shall be transferred to the Philippine Sports Commission (PSC). The program for school sports and physical fitness shall remain part of the basic education curriculum. The Bureau of Physical Education and School Sports (BPESS) is hereby abolished. The personnel of the BPESS, presently detailed with the PSC, are hereby transferred to the PSC without loss of rank,
including the plantilla positions they occupy. All other BPESS personnel shall be retained by the Department. CHAPTER 4 SUPPORT AND ASSISTANCE OF OTHER GOVERNMENT AGENCIES Section 10. The Secretary of Education and the Secretary of Budget and Management shall, within ninety (90) days from the approval of this Act, jointly promulgate the guidelines on the allocation, distribution and utilization of resources provided by the national government for the field offices, taking into consideration the uniqueness of the working conditions of the t eaching service. The Secretary of the Department of Education shall ensure that resources appropriated for the field offices are adequate and that resources for school personnel, school desks and textbooks and other instructional materials intended are allocated directly and r eleased immediately by the Department of Budget and Management to said offices. Section 11. The Secretary of the Department of Education, subject to civil service laws and regulations, shall issue appropriate personnel policy rules and regulations that will best meet the requirements of the teaching profession taking into consideration the uniqueness of the working conditions of the teaching service. Section 12. The Commission on Audit, in the issuance of audit rules and regulations that will govern the utilization of all resources as well as the liquidation, recording and reporting thereof, shall take into account the different characteristics and distinct features of the department‟s
field offices, its organizational set up as well as the nature of the operations of schools and learning centers. CHAPTER 5 FINAL PROVISIONS Section 13. Governance in the ARMM. – The Regional Education Secretary for the Autonomous Region in Muslim Mindanao (ARMM) shall exercise similar governance authority over the divisions, districts, schools and learning centers in the region as may be provided in the Organic Act, without prejudice to the provisions of Republic Act No. 9054, entitled “An Act to Strengthen
and Expand the Organic Act for the Autonomous Region in Muslim Mindanao, Amending for the Purpose Republic Act No. 6734, entitled „An Act Providing for the Autonomous Region in Muslim Mindanao, as amended‟”.
Section 14. Rules and Regulations. – The Secretary of Education shall promulgate the implementing rules and regulations within ninety (90) days after the approval of this Act: Provided, That the Secretary of Education shall fully implement the principle of shared governance within two (2) years after the approval of this Act. Section 15. Separability Clause. – If for any reason, any portion or provision of this Act shall be declared unconstitutional, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.
Section 16. Repealing Clause. – All laws, decrees, executive orders, rules and regulations, part or parts thereof, inconsistent with the provisions of this Act, are hereby repealed or modified accordingly. Section 17. Effectivity Clause. – This Act shall take effect fifteen (15) days following its publication in at least two (2) newspapers of general circulation. Approved, August 11, 2001. xREPUBLIC ACT NO. 7784 AN ACT TO STRENGTHEN TEACHER EDUCATION IN THE PHILIPPINES BY ESTABLISHING CENTERS OF EXCELLENCE, CREATING A TEACHER EDUCATION COUNCIL FOR THE PURPOSE, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES
SECTION 1. Declaration of Policy. – It is the declared policy of the State to protect and protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all. It is likewise universally recognized that the teacher is the key to the effectiveness of the teaching-learning process by drawing out and nurturing the best in the learner as a human being and a worthy member of society. Thus, this Act aims to provide and ensure quality education by strengthening the education and training of teachers nationwide through a national system of excellence for teacher education. Our vision is a teacher education system whose mission is to educate and train teachers of unquestionable integrity and competence, and who are committed t o their continuing professional growth and obligation to help their students grow as responsible individuals and citizens of the Philippines and of the world. Sec. 2. Definition of Terms. – As used in this Act: (a) “Teacher” shall mean all persons engaged in the classroom teaching of any subject, including practical/vocational arts, at the elementary and secondary levels of instruction including persons performing guidance and counseling, instructional supervision in all public or private education institutions, but shall not include school nurses, school physicians, school dentists, school administrators, and other school administrative support employees. Graduates of education who have passed the government examination for teachers although not actually employed as such, are hereby included in this definition. (b) “Teacher education” shall mean the pre-service education, in-service education, and graduate education of teachers, in various areas of specialization. (c) “Excellence” pertains to the efficient, effective and innovative delivery of relevant, functional, and quality programs in teacher education, training, research and community service. (d) “Center of excellence” shall be a public or private college, institute, school o r agency, engaged in the pre-service and continuing education, formal and non-formal, of t eachers and top-notch educators, that has established and continues to maintain a good record in teacher education (in terms of number of graduates and their performance in the government
examination for teachers and their professional achievement), research, and community service; whose graduates are models of integrity, commitment and dedication in education. The centers of excellence may exist by themselves or within a university or college.
Sec. 3. Teacher Education Centers of Excellence. – There shall be identified, designated, established and developed in strategic places in each of the regions of the country, one or more centers of excellence for teacher education based on criteria listed hereunder, assessed and adjudged by the Council. These centers of excellence shall be initially chosen from among existing public and private educational institutions by the Teacher Education Council created under this Act. Should the need arise, certain centers of excellence for teacher education at the provincial level may later be identified and developed. The criteria for identifying schools and colleges as centers of excellence shall include the following: (a) highly educated, professionally qualified and experienced faculty dedicated to the Philosophy, mission, vision and goals of the institution and education; (b) well-settled students; (c) adequate library, research and study facilities; (d) competent administrative and support staff; (e) well-planned and relevant instructional programs; (f) adequate student development programs; (g) adequate student services; (h) relevant extension service and outreach programs; (i) percentage of graduates who become teachers; and (j) such other criteria as may be established and operationalized by the Teacher Education Council. The Teacher Education Centers of Excellence shall form a national network which in turn shall network with elementary schools, high schools and/or parts thereof for laboratory purposes. Any center of excellence that is established shall be maintained for at least five (5) years before any proposal or review is made to transfer it elsewhere. Sec. 4. Objectives and Functions of a Center of Excellence. – The objectives and functions of a center of excellence shall be to: (a) Experiment and try out relevant and innovative pre-service teacher education/training programs; (b) Organize and coordinate collaborative research on identified areas for systematic investigation in teacher education as basis for improving teacher education/training programs; (c) Serve as teacher resource center for curricular/instructional materials development; (d) Serve as the center mode for networking specific data; (e) Provide professional assistance to Teacher Education Institutions (TEIs) that have expressed the need for such assistance; (f) Encourage mutual support among TEIs in the region for upgrading their programs; and (g) Facilitate and help expedite accreditation among TEIs.
Sec. 5. Creation of the Teacher Education Council. – There shall be a Teacher Education Council composed of eleven (11) members with the Secretary of Education, Culture and Sports as ex officio chairman, and three (3) other ex officio members, namely: a Commissioner of the Commission on Higher Education (CHED), a representative of the National Commission on Culture and Arts (NCAA), and the Chairman of the Professional Regulations Commission (PRC). The seven (7) regular members of the Council who shall be appointed by the President of the Republic of the Philippines are: (a) Three (3) representatives of centers of teacher education: one (1) from Luzon, one (1) from the Visayas, and one (1) from Mindanao who shall take into account the views of the parentsteachers and community associations, student associations, nongovernmental organizations, and people organizations concerned with basic education; (b) One (1) representative of science teachers; (c) One (1) representative of mathematics teachers; (d) One (1) representative of social studies teachers; and (e) One (1) representative of language teachers.
The other officers of the Council shall be elected by the members from among the regular members. The members of the Council shall be serve without any compensation but shall be reimbursed for actual and necessary expenses incurred by them in carrying out their duties under this Act. The Council shall meet at least four (4) times a year and hold such other meetings at the call of the chairman or a majority of its members. All regular members of the Council shall hold office for a period of three (3) years. Sec. 6. Criteria for the Selection of Regular Council Members. – The criteria for the selection of the regular Council members are as follows: (a) Integrity; (b) Expertise and experience in teacher education; (c) Recognized as an expert, nationally or internationally; and (d) Willingness to serve.
Sec. 7. Powers and Functions of the Council. – The Council shall have the following powers and functions: (a) To identify and designate among existing private and public schools, teacher education institutions as Centers of Excellence for Teacher Education, at the national, regional, and provincial levels;
(b) To formulate policies and standards that shall strengthen and improve the system of teacher education in all existing public and private schools; (c) Initiate a periodic review of curricula and programs for teacher education and training through participatory methods, such as self -assessment by institutions; (d) To adopt an adequate and effective system of incentives such as scholarship grants, loan programs, subsidies, stipends and other similar benefits and incentives, in order to attract and encourage outstanding high school graduates whether from public or private schools, to pursue teacher education; (e) To encourage the establishment of consortia and other cooperative arrangements among teacher education schools, public or private, for greater efficiency and economy in the use of resources; (f) Design collaborative programs or projects that will enhance pre-service teacher training, in service training, re-training orientation and teacher development; (g) To direct the conduct of relevant studies as may be needed in the formulation of policies and in the planning and successful implementation of plans, programs and projects required in attaining the purposes of this Act; (h) To review existing and recommend new legislation and policies of the government in order to improve teacher education and promote the welfare of teachers; (i) To recommend appropriate measures to the President, Congress, and heads of other government offices and agencies to improve, enhance and strengthen teacher education; and (j) To call upon any department, bureau, office, or government corporation, local government unit and other concerned agencies for assistance in areas falling within their mandate.
Sec. 8. Secretariat. – The Council shall organize and appoint a secretariat headed by an executive director, that shall assist the Council in executing its policies and programs and provide the necessary administrative support therefor. Sec. 9. Active Participation of Local Government Units. – Local government units shall include in their plans, programs, and projects the development and improvement of teacher education through the centers of excellence in their respective regions. Sec. 10. Appropriation. – The sum of One hundred million pesos (P100,000,000) is hereby authorized to be appropriated from the income of duty-free shops or otherwise known as the Trust Liability Account of the Department of Tourism, for the initial organizational and developmental activities of the Centers and the Council: Provided, however , That not more than five percent (5%) shall be devoted to Council‟s expenses. Thereafter, such amount as may be included in the annual budget of the Department of Education, Culture and Sports. Sec. 11. Implementing Rules and Guidelines. – The Teacher Education Council created under this Act shall promulgate the implementing rules and regulations sixty (60) days from the approval of this Act.
Sec. 12. Repealing Clause. – All laws, presidential decrees, rules or regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Sec. 13. Effectivity Clause. – This Act shall take effect upon its approval. Approved, August 4, 1994. REPUBLIC ACT NO. 8980 AN ACT PROMULGATING A COMPREHENSIVE POLICY AND A NATIONAL SYSTEM FOR EARLY CHILDHOOD CARE AND DEVELOPMENT (ECCD), PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES
Section 1. Short Title. – This Act shall be known as the “ECCD Act.” Section 2. Declaration of Policy. – It is hereby declared the policy of the State to promote the rights of children to survival, development and special protection with full recognition of the nature of childhood and its special needs; and to support parents in their roles as primary caregivers and as their children‟s first teachers. The State shall institutionalize a National System
for Early Childhood Care and Development (ECCD) that is comprehensive, integrative and sustainable, that involves multi-sectoral and inter-agency collaboration at the national and local levels among government; among service providers, families and communities; and among the public and private sectors, nongovernment organizations, professional associations, and academic institutions, This System shall promote the inclusion of children with special needs and advocate respect for cultural diversity. It shall be anchored on complementary strategies for ECCD that include service delivery for children from conception to age six (6), educating parents and caregivers, encouraging the active involvement of parents and communities in ECCD programs, raising awareness about the importance of ECCD, and promoting community development efforts that improve the quality of life for young children and families. Section 3. Objectives. – The objectives of the National ECCD System are: (a) To achieve improved infant and child survival rates by ensuring that adequates health and nutrition programs are accessible to young children and their mothers from the pre -natal period throughout the early childhood years; (b) To enhance the physical, social, emotional, cognitive, psychological, spiritual and language development of young children; (c) To enhance the role of parents and other caregivers as the primary caregivers and educators of their children from birth onwards; (d) To facilitate a smooth transition from care and education provided at home to community or school-based setting and to primary school; (e) To enhance the capabilities of service providers and their supervisors to comply with quality standards for various ECCD programs; (f) To enhance and sustain the efforts of communities to promote ECCD programs and ensure that special support is provided for poor and disadvantaged communities;
(g) To ensure that young children are adequately prepared for the formal learning system and that both public and private schools are responsive to the developmental needs of these children; (h) To establish an efficient system for early identification, prevention, referral and intervention for developmental disorders and disabilities in early childhood; and(i) To improve the quality standards of public and private ECCD programs through, but not limited to, a registration and credential system for ECCD service providers.
Section 4. Definitions. – For purposes of this Act: (a) Early Childhood Care and Development (ECCD) System refers to the f ull range of health, nutrition, early education and social services programs that provide for the basic holistic needs of young children from birth to age six (6), to promote their optimum growth and development. These programs include: (1) Center-based programs, such as the day care service established under Republic Act No. 6972, public and private pre-schools, kindergarten or school-based programs, community or church-based early childhood education programs initiated by nongovernment organizations or people‟s organizations, workplace-related child care and education programs, child-minding centers, health centers and stations; and (2) Home-based programs, such as the neighborhood-based play groups, family day care programs, parent education and home visiting programs. (b) ECCD Service Providers include the various professionals, paraprofessionals, and volunteer caregivers who are directly responsible for the care and education of young children through the various center and home-based programs. They include, but are not limited to, day care workers, teachers, teacher-aides, rural health midwives, social workers, community health workers, barangay nutrition scholars, parent effectiveness service volunteers, child development workers, and family day care providers. (c) ECCD Curriculum refers to the age-appropriate and developmentally appropriate educational objectives, program of activities, organized learning experiences and recommended learning materials for children that are implemented by service providers through center and home-based programs. It shall consist of national program goals and guidelines, instructional objectives, and content outlines integrating local learning experiences and indigenous learning materials. (d) Parent Education refers to the various forma l and alternative means of providing parents with information, skills, and support systems to assist them in their roles as their children‟s primary caregivers and educators. These include public and private parent education programs linked to center, home and media-based child care and education programs.
Section 5. System Framework and Components. – The ECCD System shall include the following components:
(a) ECCD Curriculum – which focuses on children‟s total development according to their individual needs and socio-cultural background. It shall promote the delivery of complementary and integrative services for health care, nutrition, early childhood education, sanitation, and cultural activities. It shall use the child‟s first language as t he medium of in struction. (b) Parent Education and Involvement, Advocacy, and Mobilization of Communities – which harness and develop parents‟ strengths as providers of ECCD at home, active partners or other stakeholders, advocates for community concerns that affect children, and pillars of support for local and national ECCD programs through community organization efforts. (c) Human Resource Development Program – which establishes mechanisms for the systematic professionalization of ECCD service providers, through enrolment i n educational programs in sitebased or distance educational modes, through pre -service or in-service training including continuing education programs, whereby a registration and credential system shall be developed in the ECCD System. (d) ECCD Management – which focuses on a continuing process of planning, implementation, supervision, financial management, monitoring, evaluation and reporting. It shall encourage the active involvement and build the capabilities of service providers, parents, and local government officials to sustain the program, and it shall be guided by the principles of decentralization as stipulated in the Local Government Code of 1991. (e) Quality Standards and Accreditation – which ensures that each component in the ECCD System complies with national quality standards, to be established by the National ECCD Coordinating Council as provided for under Section 8 of t his Act, linked to an accreditation process.
Section 6. Establishment of ECCD System. – The National ECCD System shall be established in at least three (3) regions each year, as may be determined by the National ECCD Coordinating Council, to achieve national coverage over a five-year period. Section 7. Implementing Arrangements and Operational Structures. – The implementation of the National ECCD System shall be the joint responsibility of the national government agencies, local government units, nongovernment organizations, and private organizations that are accredited to deliver the services or to provide training and technical assistance. (a) Responsibilities of the National Government – National government agencies shall be responsible for developing policies and programs, providing technical assistance and support to the ECCD service providers in consultation with coordinating committees at the provincial, city/municipal, and barangay levels, as provided for in Section 8 of this Act, and monitoring of ECCD service benefits and outcomes. The Department of Social Welfare and Development (DSWD), the Department of Education, Culture and Sports (DECS), the Department of Health (DOH), the Department of the Interior and Local Government (DILG), the Department of Labor and Employment (DOLE), the Department of Agriculture (DA), the Department of Justice (DOJ), the National Economic and Development Authority (NEDA), and the National Nutrition Council (NNC) shall jointIy prepare annual ECCD for work plans that will coordinate their respective technical assistance and support for the National ECCD Program. They shall consolidate existing
program implementing guidelines that ensure consistency in int egrated service delivery within the National ECCD System. (1) The DECS shall promote the National ECCD Progman in schools. ECCD programs in public schools shall be under the joint responsibility of their respective school principal/school-head and parents-teachers-community association (PTCA) within the standards set forth in the National ECCD System and under the guidance of the City/ Municipal ECCD Coordinating Committee for the effective an d equitable delivery of ECCD services. It shall also make available existing facilities of public elementary schools for ECCD classes. (2) Public and private pre-schools shall be registered by the Provincial or City ECCD Coordinating Committee upon the recommendation of t he respective division office of the DECS. NGO-initiated, community, church, home, and workplace-based service providers shall be registered upon the recommendation of the provincial/city social welfare and development office. These public and private ECCD service providers shall operate within the standards set forth in the National ECCD System and under the guidance of t he City/Municipal ECCD Coordinating Committee for the effective delivery of ECCD services. (b) Responsibilities of Local Government Units – Local government units (LGUs) shall be primarily responsible for: (1) Implementing the National ECCD Program by providing basic public ECCD services; (2) Supporting the organization of parent cooperatives to initiate the establishment of ECCD programs; (3) Ensuring that service providers of public ECCD programs under their supervision shall be justly compensated, that adequate funds are made available, and their working conditions are conducive to fulfill national quality standards; and (4) Providing counterpart funds for the training and continuing education of ECCD service providers, and supporting the operations of Provincial, City/Municipal and Barangay ECCD Coordinating Committees. (c) Responsibilities of Families and Communities – The families and communities shall support the local ECCD programs by participating in various projects for the overall development of their children.
Section 8. Creation of National Coordinating Council and Coordinating Committees for ECCD. – To ensure the sustained inter-agency and multi-sectoral collaboration from the national, provincial, city/municipal to barangay levels, a National Coordinating Council and provincial, city/municipal and barangay coordinating committees shall be organized. (a) National ECCD Coordinating Council – The Council for the Welfare of Children (CWC) shall also function as the National ECCD Coordinating Council, hereinafter referred to as the Council, and shall hereby be under the Office of the President.
(1) Composition – In addition to the existing members of the CWC, two (2) private individuals, who are ECCD practitioners and experts shall be appointed by the President, upon recommendation of the Council, for a term of two (2) years subject to one (1) reappointment. The Council shall meet once a month or as often as necessary. The Secretaries of the DSWD, DECS, DOH, and DILG shall act as co-chairpersons of the Council and must be represented by a person with a rank not lower than an Undersecretary. (2) Council Secretariat – The CWC Secretariat shall also serve as the secretariat of the Council. It shall be headed by an executive director, who shall be appointed by the President, upon the recommendation of the Council. He/She shall have the rank, privileges, and emoluments of a Career Executive Service Officer I. Nothing herein shall prejudice any right vested prior to the enactment of this Act. There shall be created two (2) permanent positions of Deputy Executive Directors to be appointed by the Council, one of whom shall be exclusively concerned with ECCD programs and activities and the other exclusively with the existing functions of the CWC. The Deputy Executive Directors shall be assisted by senior technical staff to be seconded from the DSWD, DECS, DOH, DILG, DOLE, DA, DOJ, NEDA and NNC for a period of at least two (2) years, subject to renewal, and shall be entitled to whatever additional remuneration the law allows for such secondment. (3) Functions of the National ECCD Coordinating Council. – The Council shall: (i) Promulgate policies and implementing guidelines for ECCD programs in consultation with stakeholders at various levels, including the regional level when appropriate, consistent with the national policy and program frameworks as defined in this Act; (ii) Establish ECCD program standards that reflect developmentally appropriate and culturally relevant practices for ECCD programs, which shall interface with the primary school curriculum of the DECS; (iii) Develop a national system for the recruitment, registration, continuing education and equivalency, and credential system of ECCD service providers, supervisors and administrators to improve and profesionalize the ECCD sector and upgrade quality standards of public and private ECCD programs; (iv) Develop and implement a system of awards and recognition to deserving ECCD program implementors and service providers; (v) Coordinate the various ECCD programs of each line agency and monitor t he delivery of services to the ECCD program beneficiaries nationwide; (vi) Evaluate and assess the impact and outcome of various ECCD programs nationwide through an effective information system; (vii) Develop and establish a national system for early identification, screening, surveillance of early childhood disabilities, developmental problems, and giftedness;
(viii) Develop and implement various support mechanisms that maximize the public and private resources for implementing ECCD programs, giving priority to the needy and high risk children from poor communities; (ix) Provide counterpart funds to poor and disadvantaged communities for the establishment and expansion of public ECCD programs, improvement of physical facilities and for hiring of ECCD service providers; (x) Promote and encourage private sector initiative for the establishment of ECCD programs; and(xii) Provide guidelines for ECCD Coordinating Committees at the provincial, city/ municipal and barangay levels for the conduct of solicitations and requests for assistance from local and international civic organizations, private philanthropic foundations to supplement available resources.
(b) Provincial ECCD Coordinating Committee. Composition, Function, Secretariat. – There shall be created in every province a Provincial ECCD Coordinating Committee. (1) Composition. – The Provincial ECCD Coordinating Committee shall be composed of the Governor of the Province as Chairperson, Division Superintendent of DECS, Provincial Planning and Development Officer, Provincial Budget Officer, Provincial Health Officer, Provincial Director of DILG, Provincial Social Welfare and Development Officer, Provincial Treasurer, President of the Provincial League of Municipal Mayors, and two (2) representatives of nongovernment organizations operating ECCD programs appointed by the Committee, for a two-year term, subject to one (1) reappointment, as members; (2) Functions – The Provincial ECCD Coordinating Committee shall be under the Provincial Development Council and shall perform similar functions as the National ECCD Coordinating Council as appropriate, including other functions that may be provided in the Implementing Rules and Regulations of this Act. It shall coordinate the delivery of services and support from the National ECCD Coordinating Council and the national line agencies involved in ECCD programs. It shall also support and complement the resources available to municipalities and barangays in the province in the expansion and improvement of ECCD programs, as well as be responsible for the registration of ECCD programs and service providers: and (3) Secretariat – The Provincial ECCD Coordinating Committee shall organize a secretariat which shall coordinate and monitor the effective implementation of ECCD programs in the province. It shall be headed by the provincial ECCD Officer, who shall be appointed by the Governor, upon the recommendation of the Provincial ECCD Coordinating Committee. He/She skill have t he rank, privileges and emoluments of a Department head.
For the first three (3) years of the establishment of the ECCD system in the province, the salary, allowances and other benefits of the Provincial ECCD Officer shall be paid for by the Council. Thereafter, such sums as may be necessary for the salaries, allowances and other benefits of the Provincial ECCD Officer shall be provided by the province. (c) City/Municipal ECCD Coordinating Committee. Composition, Functions, Secretariat. -There shall be created in every city and municipality a City/Municipal ECCD Coordinating Committee.
(1) Composition – The City/Municipal ECCD Coordinating Committee shall be composed of the City/Municipal Mayor as Chairperson, the Division Superintendent/ District Supervisor of DECS, City/Municipal Planning and Development Officer, City/ Muni cipal Budget Officer, City/Municipal Health Officer, City/Municipal Social Welfare and Development Officer, City/Municipal Local Government, Officer, City/Municipal Treasurer, City/Municipal Nutrition Officer, President of the Association of Barangay Captains in the City/Municipality, President of the Parent Teachers-Community Federation in the City/Municipality, and two (2) representatives of non-government organizations involved in ECCD programs in the City/Municipality appointed by the Committee for a two-year term, subject to one (1) reappointment, as members. (2) Functions – The City/Municipal ECCD Coordinating Committee shall be under the city/municipal development council and shall perform similar functions as the council as appropriate, including other functions that may be provided in the Implementing Rules and Regulations. It shall likewise support and complement the resources available to barangays in the expansion and improvement of ECCD programs, coordinate and monitor the delivery of services at the barangay level, ensure accurate reporting and documentation of service delivery, as well as mobilize and encourage private sector initiatives for the establishment of ECCD program implementors in tile city/municipality that conforms to National ECCD System Standards. (3) Secretariat. – The City/Municipal ECCD Coordinating Committee shall organize a Secretariat which shall coordinate and monitor the effective implementation of ECCD programs in the city/municipality. It shall be headed by the City/Municipal ECCD Officer, who shall be appointed by the mayor, upon the recommendation of the City/Municipal ECCD Coordinating Committee.(d) Barangay ECCD Coordinating Committee – The Barangay Council for the Protection of Children (BCPC), created under Presidential Decree 603, shall also function as the Barangay ECCD Coordinating Committee. The BCPC shall be responsible for the proper and effective implementation of public ECCD programs and maintenance of database system at the barangay level. Pursuant to this, all barangays shall organize BCPCs in their respective areas.
The BCPC shall be composed of, among others: the Barangay Captain, the school head/s in the barangay, the Barangay health midwife, the Barangay health worker, the Barangay nutrition scholar, the day care worker/s, parents, the Sangguniang Kabataan Chairman, and a representative from child- focused non government organizations/people‟s organizations, as members. The members of the BCPC shall elect from among themselves the Chairperson. Section 9. Financing ECCD Programs. – ECCD programs at the community level shall be financed through a combination of public and private funds. All public ECCD program providers shall prioritize young children from families who are in greatest need and who can least aff ord private sector programs. (a) Public support for ECCD programs. The government shall support public ECCD program through cost-sharing arrangements that shall involve the LGUs, and counterpart funds from the national government agencies for technical assistance and support. Additional funds may be generated from intergovernmental donors and financial institutions by the appropriate government agencies through the NEDA to support the public programs in fourth, fifth and sixth class municipalities including the urban poor. Funds shall be accessible to qualified LGUs through
the Municipal Development Fund or other financing mechanisms as prescribed by the Department of Finance (DOF) and based on guidelines from the Department of Budget and Management (DBM). The Council may establish a trust fund to assist LGUs in the expansion and upgrading of ECCD programs. Primary health care programs, pre-natal and post-natal care, growth, monitoring and promotion, and supplementary nutrition programs shall continue to be funded through the LGUs with technical support and additional resources from the DOH.The Day Care Program, Parent Effectiveness Service, Child-Minding Centers, Family Day Care and Parent-Child Development Programs shall continue to be supported by the LGUs in the form of construction of basic infrastructure, provision of facilities, materials and equipment, and compensation for the service providers. The DSWD shall provide for technical assistance. The kindergarten program in public schools shall continue to be supported by the DECS in cooperation with the PTCAs, where applicable, by providing teacher training, supplementary learning materials and reference materials for ECCD programs. The DSWD, DECS, DOH, and DILG shall support the implementation by LGUs of the National ECCD Program and shall include in their respective annual general appropriations beginning the fiscal year following the approval of this Act the necessary funding to achieve the goal of national coverage within a five-year period and sustain the Program from thereon. The work and financial plan of the DSWD, DECS, DOH, and DILG shall be coordinated with the Council. (b) Support for ECCD Programs. – Supported for ECCD programs can be solicited from local and international civic organizations, private philanthropic foundations to supplement available resources. Workplace-based or related ECCD programs should be supported by corporations and employers in the form of physical facilities and recurrent operating costs. The operating cost incurred for employer or corporate-sponsored ECCD programs can be deducted from taxable income: Provided, That the employer or corporation will not charge user fees. (c) Costs to be Shouldered by Families. The Council shall monitor user fees and contributions allowed for both public and private programs to ensure that these are affordable and within reasonable limits. User fees for public programs should be limited to monthly contributions intended to subsidize recurrent costs. Parents are encouraged to contribute their time and services especially in cases where they are unable to afford the regular contributions. Section 10. Appropriations. – For the implementation of this Act, the amount of Four hundred million pesos (P400,000,000.00) per year for five (5) years is hereby appropriated for the National ECCD Program of the council effective upon approval of this Act. Said amount shall be funded from the gross income of the Philippine Amusement and Gaming Corporation and shall be directly remitted in four (4) quarterly installments to a special account of the Council. Thereafter, such sums as may be necessary for the operations of the Council shall be included in the General Appropriations Act. A supplementary appropriations in the amount of Thirty million pesos (P30,000,000.00) shall be provided to the Council from the President‟s Organizational Adjustment Fund upon approval of this Act.
The above appropriations shall be separate and distinct from t he annual budget of the CWC.Expenses for ECCD programs and technical support packages provided by the DSWD, DECS, DOH, DILG, DOLE, DA, DOJ, NEDA, and the NNC shall be specified as separate line items in their respective annual budgets in the General Appropriations Act. Their annual ECCD workplans shall be the basis for these budgets and shall be released directly to their regional or provincial offices whenever applicable. Section 11. Annual Report. – The Council shall, at the close of each calendar year, submit an annual report to Congress, giving detailed account of its proceedings and accomplishments during the year making recommendations for the adoption of measures that will improve the National ECCD System. Section 12. Separability Clause. – If any provision of this Act is declared unconstitutional, the same shall not affect the validity and effectivity of the other provisions thereof. Section 13. Repealing Clause. – Pertinent provisions of Presidential Decree No. 603 and Executive Order No. 233, all laws, Decrees, executive orders, presidential proclamations, rules and regulations or parts thereof contrary to or inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Section 14. Implementing Rules and Regulations. – The Council in consultation with all appropriate government agencies and nongovernnent organizations shall formulate and issue the necessary rules and regulations for the implementation of this Act within ninety (90) days after the effectivity of this Act. Section 15. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) newspapers of general circulation Approved, December 5, 2000. PRESIDENTIAL DECREE NO. 1006 PROVIDING FOR THE PROFESSIONALIZATION OF TEACHERS, REGULATING THEIR PRACTICE IN THE PHILIPPINES AND FOR OTHER PURPOSES WHEREAS, the Constitution provides that “All educational institutions shall be under the supervision of; and subject to regulation by, the Stat e”, and requires that “the State shall
establish and maintain a complete, adequate and integrated system of education relevant t o the goals of national development”;
WHEREAS, in the pursuit on these objectives, the Department of Education and Culture has adopted ways and means of overseeing all the educational institutions in the country; WHEREAS, this supervisory function of the DEC has been primarily beamed towards insuring that the educational institutions inculcate in the studentry love of the country, t each the duties of citizenship, and develop moral character, personal discipline, and scientific, technological and vocational efficiency;
WHEREAS, to implement these objectives, the institutions have relied upon their teachers whose direct and continuing interaction with the young people and the children make them potent forces for the development of proper attitudes among the citizenry; WHEREAS, this accounts for the tremendous growth of the teaching population, comprising in the civil service sector alone – more than 300,000 teachers deployed all over the country; WHEREAS, to insure that in the immediacy and urgency of teacher recruitment qualitative requirements are not overlooked, it has become necessary to regulate the teaching profession; WHEREAS, although teaching requires a number of years of collegiate study, it is the only course that it is not yet considered a profession; WHEREAS, in recognition of the vital role of teachers in nation -building and as an incentive to raise the morale of teachers, it is imperative that they be considered as professionals and teaching be recognized as a profession. NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree and order: Section 1. Title. – This Decree shall be known as the Decree Professionalizing Teaching. Section 2. Declaration of Policy. – It is hereby declared a policy that teacher education shall be given primary concern and attention by the government and shall be of the highest quality, and strongly oriented to Philippine conditions and to the needs and aspirations of the Filipino people even as it seeks enrichment from adoptable ideas and practices of other people. Section 3. Definition of Terms. – As used in this Decree, the following shall be construed as follows: (a) Teaching refers to the profession primarily concerned with the classroom instruction, at t he elementary and secondary levels, in accordance with the curriculum prescribed by National Board of Education, whether on part-time or f ull-time basis in the public or private schools. (b) Teachers refers to all persons engaged in teaching at the elementary and secondary levels, whether on a full-time or part-time basis, including guidance counsellors, school librarians, industrial arts or vocational teachers and all other persons performing supervisory and/or administrative functions in all schools in the aforesaid levels and legally qualified to practice teaching under this Decree. (c) Board refers to the National Board for Teachers duly constituted under this Decree.
Section 4. Creation of the National Board for Teachers. – There is hereby created a National Board for Teachers, hereinafter called the Board, to be composed of the following: 1. Secretary of Education and Culture – Co-Chairman 1. Chairman, Civil Service Commission – Co-Chairman 2. Commissioner, Professional Regulations Commission – Member
1. Two members representing the private sector to be appointed by the President – Members Section 5. Powers and Duties. – The Board shall have the following powers and duties: (a) Appoint a set of examiners for every examination who will determine and prepare the contents of the Board examination for teachers, hereinafter referred t o as examination, in the elementary and secondary levels of instruction, to be held at least once a year; (b) Determine and fix the places and dates of examination, appoint supervisors and room examiners from among the employees of the Government who shall be entitled to a daily allowance to be fixed by the Board for every examination day actually attended, use the buildings and facilities of public and private schools f or examination purposes, approve applications to take examination, and approve the release of examination results; (c) Look from time to time into the conditions affecting the practice of the teaching profession, adopt such measures as may be deemed proper for the enhancement of said profession, and/or maintenance of the professional standards and ethics; (d) Issue, suspend, revoke, replace or reissue Professional Teachers Certificate, and administer oaths; (e) Appoint, subject to the provisions of existing laws, such officials and employees as are necessary in the effective performance of its functions and responsibilities, prescribe their duties and fix their compensation; (f) Prescribe and collect examination and other fees as it may deem proper; and (g) Promulgate rules and regulations, and exercise such other powers, functions and duties as may be necessary to carry into effect the purposes of this Decree.
Section 6. Qualification requirements for examination applicants. – No applicant shall be admitted to take the examination unless, on the date of filing of the application, he shall have complied with the following requirements: (a) Except those who have been engaged in teaching as herein defined for at least five years in schools in the Philippines not organized exclusively for nationals of a foreign country at the time of the effectivity of this Decree, the applicant must be a citizen of the Philippines; (b) That he is of good moral character; (c) That he is free from any physical and/or mental defect which will incapacitate him to render efficient service; and (d) That he possesses the following minimum educational qualifications: (1) For teachers in the kindergarten and elementary grades, Bachelor‟s degree in Elementary Education (B.S.E.Ed.) or its equivalent;
(2) For teachers of the secondary schools, Bachelor‟s degree in Education or its equivalent with a major and minor, or a Bachelor‟s degree in Arts or Sciences with at least eighteen units in professional education; and (3) For teachers of secondary vocational and two-year technical courses, Bachelor‟s degree in the field of specialization with at least eighteen units in professional education.
All applications shall be filed with an office or offices designated by the Board, preferably the offices of the Civil Service Commission and the Department of Education and Culture. These offices shall screen and approve such applications and issue the corresponding permits t o take the examination to qualify applicants. Section 7. Appointment of examiners. – The Board shall appoint a set of examiners for every examination who are recognized authority in teacher education, and their names shall not be disclosed until after the release of the results of the examination. They shall each receive as compensation the sum of not less than P5.00 for each examinee as may be determined by the Board but in no case shall each examiner receive more than P18,000 per examination. Any examiner who is in the service of the Government shall receive the compensation herein provided in addition to his salary. Section 8. Scope of the examination. – The examination shall consist of written tests, the scope of which shall be determined by the Board, taking into consideration the teaching plan of the schools legally constituted in the Philippines. Section 9. Ratings in the examination. – In order that a candidate may be deemed to have successfully passed the examinations, he must have obtained a general average of at least 70 per cent in all subjects, with no rating below 50 per cent in any subject. Section 10. Report of the results of examination. – The examiners shall report the ratings obtained by each candidate to the Board within 150 days after the last day of the examination, unless extended by the latter. Section 11. Issuance of Certificates. – Teachers who have passed examinations given by the Civil Service Commission or jointly by the Civil Service Commission and the Department of Education and Culture shall be considered as having passed the board examinations for teachers. The Board may consider their certificates of rating as certificates of eligibility or issue an entirely new certificate upon registration of the teacher and payment of the corresponding fees. This provision shall likewise apply to those teachers who have permanent appointment under the Magna Carta For Public School Teachers and all others who may be qualified for registration as professional teachers under this Decree. Section 12. Registration. – The Civil Service Commission shall, as an arm of the Board, register holders of Professional Teacher Certificate which registration shall evidence that the registrant is entitled to all the rights and privileges of a Professional Teacher until and unless the certificate is suspended or cancelled by the Board for just cause.
Section 13. Reissuance of revoked certificates and replacement of lost certificates. – The Board may, for reason of equity and justice, and upon proper application therefor, issue another copy, original or duplicate, upon payment of the required fee, of a certificate which has been revoked. A new certificate to replace a lost, destroyed or mutilated certificate may be issued subject to the rules of the Board. Section 14. Registration by reciprocity. – The Civil Service Commission shall, upon approval of the Board, effect the registration, without examination, of a teacher validly registered under the laws of any foreign state or country; Provided, That the requirements for registration in said foreign state or country are substantially the same as those required and contemplated by this Decree, and the laws of such foreign state or country allow cit izens of the Philippines to practice the profession on the same basis and grant the same privileges as the citizens or subjects of such foreign state or country; Provided, finally, That the applicant shall submit competent and conclusive documentary evidence, confirmed by the Department of Foreign Affairs, showing that his country‟s existing laws permit citizens of the Philippines to practice teaching profession
under the rules and regulations governing citizens thereof. Section 15. Prohibition. – Three years after the effectivity of this Decree, no person shall engage in teaching and/or act as a teacher as defined in this Decree, whether in the public or private elementary or secondary school, unless he is holder of a Professional Teacher Certificate or is considered a Professional Teacher under this Decree. Section 16. Penal Provision. – Any person who shall practice the teaching without a valid Professional Teacher Certificate, or any person presenting as his or her own the certificate of another, or any person giving any false or forged evidence in order to obtain a Professional Teacher Certificate or admission to an examination, or any person assuming himself as a registered professional teacher or any person violating any provision of this Decree shall be penalized by a fine of not less than One Thousand Pesos nor more than Five Thousand Pesos with subsidiary imprisonment or to suffer an imprisonment of not less than six months nor more than two years, or both such fine and imprisonment at the discretion of the Court . Section 17. Repealing Clause. – All Acts, Decrees, Executive Orders, Administrative Orders, rules and regulations or parts thereof inconsistent with the provisions of this Decree are hereby repealed or modified accordingly. Section 18. Separability Clause. – In case any provision of this Decree or any portion thereof is declared unconstitutional by a competent court, other provisions shall not be affected thereby. Section 19. Effectivity. – This Decree shall take effect January 1, 1977. DONE in the City of Manila, this 22nd day of September, in the year of Our Lord, nineteen hundred and seventy-six. REPUBLIC ACT NO. 4670 THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS
I. DECLARATION OF POLICY – COVERAGE
Section 1. Declaration of Policy. – It is hereby declared to be the policy of this Act to promote and improve the social and economic status of public school teachers, their living and working conditions, their terms of employment and career prospects in order that they may compare favorably with existing opportunities in other walks of life, attract and retain in the teaching profession more people with the proper qualifications, it being recognized that advance in education depends on the qualifications and ability of t he teaching staff and that education is an essential factor in the economic growth of the nation as a productive investment of vital importance. Section 2. Title – Definition. – This Act shall be known as the “Magna Carta for Public School Teachers” and shall apply to all public school teachers except those in the professorial staff of state colleges and universities. As used in this Act, the term “teacher” shall mean all persons engaged in classroom t eaching, in
any level of instruction, on full-time basis, including guidance counselors, school librarians, industrial arts or vocational instructors, and all other persons performing supervisory and/or administrative functions in all schools, colleges and universities operated by t he Government or its political subdivisions; but shall not include school nurses, school physicians, school dentists, and other school employees. II. RECRUITMENT AND CAREER Section 3. Recruitment and Qualification. – Recruitment policy with respect to the selection and appointment of teachers shall be clearly defined by the Department of Education: Provided, however , That effective upon the approval of this Act, the following shall constitute the minimum educational qualifications for teacher-applicants: (a) For teachers in the kindergarten and elementary grades, Bachelor‟s degree in Elementary Education (B.S.E.ED.); (b) For teachers of the secondary schools, Bachelor‟s degree in Education or i ts equivalent with a major and a minor; or a Bachelor‟s degree in Arts or Science with at least eighteen professional units in Education. (c) For teachers of secondary vocational and t wo years technical courses, Bachelor‟s degree in the field of specialization with at least eighteen professional units in education; (d) For teachers of courses on the collegiate level, other than vocational, master‟s degree with a specific area of specialization; Provided, further , That in the absence of applicants who possess the minimum educational
qualifications as hereinabove provided, the school superintendent may appoint, under a temporary status, applicants who do not meet the minimum qualifications: Provided, further , That should teacher-applicants, whether they possess the minimum educational qualifications or not, be required to take competitive examinations, preference in making appointments shall be in the order of their respective ranks in said competitive examinations: And provided, finally, that the results of the examinations shall be made public and every applicant shall be furnished with his score and rank in said examinations.
Section 4. Probationary Period. – When recruitment takes place after adequate training and professional preparation in any school recognized by the Government, no probationary period preceding regular appointment shall be imposed if the teacher possesses the appropriate civil service eligibility: provided, however, that where, due to the exigencies of the service, it is necessary to employ as teacher a person who possesses the minimum educational qualifications herein above set forth but lacks the appropriate civil service eligibility, such person shall be appointed on a provisional status and shall undergo a period of probation for not less than one year from and after the date of his provisional appointment. Section 5. Tenure of Office. – Stability on employment and security of tenure shall be assured the teachers as provided under existing laws. Subject to the provisions of Section three hereof, t eachers appointed on a provisional status for lack of necessary civil service eligibility shall be extended permanent appointment for the position he is holding after having rendered at least ten years of continuous, efficient and faithful service in such position. Section 6. Consent for Transfer – Transportation Expenses. – Except for cause and as herein otherwise provided, no teacher shall be transferred without his consent from one station to another. Where the exigencies of the service require the transfer of a teacher from one station to another, such transfer may be effected by the school superintendent who shall previously notify the teacher concerned of the transfer and the reason or reasons therefor. If the teacher believes there is no justification for the transfer, he may appeal his case to the Director of Public Schools or the Director of Vocational Education, as the case may be. Pending his appeal and the decision thereon, his transfer shall be held in abeyance: provided, however, that no transfers whatever shall be made three months before any local or national election. Necessary transfer expenses of the teacher and his family shall be paid for by the Government if his transfer is finally approved. Section 7. Code of Professional Conduct for Teachers. – Within six months from the approval of this Act, the Secretary of Education shall formulate and prepare a Code of Professional C onduct for Public School Teachers. A copy of the Code shall be furnished each teacher: provided, however, that where this is not possible by reason of inadequate fiscal resources of the Department of Education, at least three copies of the same Code shall be deposited with the office of the school principal or head teacher where they may be accessible for use by the teachers. Section 8. Safeguards in Disciplinary Procedure. – Every teacher shall enjoy equitable safeguards at each stage of any disciplinary procedure and shall have: a. the right to be informed, in writing, of the charges; b. the right to full access to the evidence in the case;
c. the right to defend himself and to be defended by a representative of his choice and/or by his organization, adequate time being given to the teacher for the preparation of his defense; and d. the right to appeal to clearly designated authorities.
No publicity shall be given to any disciplinary action being taken against a teacher during t he pendency of his case. Section 9. Administrative Charges. – Charges. – Administrative charges against a teacher shall be heard initially by a committee composed of the corresponding School Superintendent of the Division or a duly authorized representative who should at least have the rank of a division supervisor, where the teacher belongs, as chairman, a representative of the local or, in its absence, any existing provincial or national teacher‟s organization and a supervisor of the Division, the last two
to be designated by the Director of Public Schools. The committee shall submit its findings and recommendations to the Director of Public Schools within thirty days from the termination of the hearings: provided, however, that where the school superintendent is the complainant or an interested party, all the members of the committee shall be appointed by the Secretary of Education. Section 10. No Discrimination. – Discrimination. – There shall be no discrimination whatsoever in entrance to the teaching profession, or during its exercise, or in the termination of services, based on other than professional consideration. Section 11. Married Teachers. – Teachers. – Whenever possible, the proper authorities shall take all steps to enable married couples, both of whom are public school teachers, to be employed in the same locality. Section 12. Academic Freedom. – Freedom. – Teachers shall enjoy academic freedom in the discharge of their professional duties, particularly with regard to teaching and classroom methods. III. HOURS OF WORK AND REMUNERATION Section 13. Teaching Hours. – Hours. – Any teacher engaged in actual classroom instruction shall not be required to render more than six hours of actual classroom teaching a day, which shall be so scheduled as to give him time for the preparation and correction of exercises and other work incidental to his normal teaching duties: provided, however, that where the exigencies of the service so require, any teacher may be required to render more than six hours but not exceeding eight hours of actual classroom teaching a day upon payment of additional compensation at the same rate as his regular remuneration plus at least twenty-five per cent of his basic pay. Section 14. Additional Compensation. – t he Compensation. – Notwithstanding any provision of existing law to the contrary, co-curricula and out of school activities and any other activities outside of what is defined as normal duties of any teacher shall be paid an additional compensation of at least twenty-five per cent of his regular remuneration after the teacher has completed at least six hours of actual classroom teaching a day.
In the case of other teachers or school officials not engaged in actual classroom instruction, any work performed in excess of eight hours a day shall be paid an additional compensation of at least twenty-five per cent of their regular remuneration. The agencies utilizing the services of teachers shall pay the additional compensation required under this Section. Education authorities shall refuse to allow the rendition of services of teachers for other government agencies without the assurance that the t eachers shall be paid the remuneration provided for under this Section. Section 15. Criteria for Salaries. – Salaries. – Teacher‟s Teacher‟s salaries shall correspond to the follow ing criteria: (a) they shall compare favorably with those paid in other occupations requiring equivalent or similar qualifications, training and abilities; (b) they shall be such as to insure teachers a reasonable standard of life for themselves and their families; and (c) they shall be properly graded so as to recognize the fact that certain positions require higher qualifications and greater responsibility than others: Provided, however, That the general salary scale shall be such that the relation between between the lowest and highest salaries salaries paid in the profession will be of reasonable order. Narrowing of the salary scale shall be achieved by raising the lower end of the salary scales relative to the upper end.
Section 16. Salary Scale. – Scale. – Salary scales of teachers shall provide for a gradual progression from a minimum to a maximum salary by means of regular increments, granted automatically after three years: provided, that the efficiency rating of the teacher concerned is at least satisfactory. The progression from the minimum to the maximum of the salary scale shall not extend over a period of ten years. Section 17. Equality in Salary Scales. – Scales. – The salary scales of teachers whose salaries are appropriated by a city, municipal, municipal district, or provincial government, shall not be less than those provided for teachers of the National Government. Section 18. Cost of Living Allowance. Allowance. – – Teacher‟s Teacher‟s salaries shall, at the very least, keep pace with the rise in the cost of living by the payment of a cost-of-living allowance which shall automatically follow changes in a cost-of-living index. The S ecretary of Education shall, in consultation with the proper government entities, recommend to Congress, at least annually, the appropriation of the necessary funds for the cost-of-living cost -of-living allowances of teachers employed employed by the National Government. The determination of the cost-of-living allowances by the Secretary of Education shall, upon approval of the President of the Philippines, be binding on the city, municipal or provincial government, for the purposes of calculating the cost-of-living allowances of teachers under its employ. Section 19. Special Hardship Allowances. Allowances. – – In areas in which teachers are exposed to hardship such as difficulty in commuting to the place of work or other hazards peculiar to the place of employment, as determined by the Secretary of Education, they shall be compensated special hardship allowances equivalent to at least twenty-five per cent of their monthly salary.
Section 20. Salaries to be Paid in Legal Tender. – Tender. – Salaries of teachers shall be paid in legal tender of the Philippines or its equivalent in checks or treasury warrants. Provided, however, that such checks or treasury warrants shall be cashable in any national, provincial, city or municipal treasurer‟s office or any banking institutions operating under the laws of the Republic of the Philippines. Section 21. Deductions Prohibited. – Prohibited. – No person shall make any deduction whatsoever from the salaries of teachers except under specific authority of law authorizing such deductions: Provided, however , That upon written authority executed by the teacher concerned, (1) lawful dues and fees owing to the Philippine Public School Teachers Association, and (2) premiums properly due on insurance policies, shall be considered deductible. IV. HEALTH MEASURES AND INJURY BENEFITS Section 22. Medical Examination Examination and Treatment. – Treatment. – Compulsory medical examination shall be provided free of charge for all teachers before they take up teaching, and shall be repeated not less than once a year during the teacher‟s professional life. Where medical examination show that medical treatment and/or hospitalization is necessary, same shall be provided free by the government entity paying the salary of the teachers. In regions where there is scarcity of medical facilities, teachers may obtain elsewhere the necessary medical care with the right to t o be reimbursed for their traveling expenses by the government entity concerned in the first paragraph of this Section. Section 23. Compensation For Injuries. – Injuries. – Teachers shall be protected against the consequences of employment injuries in accordance with existing laws. The ef fects of the physical and nervous strain on the teacher‟s health shall be recognized as a compensable occupational disease in
accordance with existing laws. V. LEAVE AND RETIREMENT BENEFITS Section 24. Study Leave. – Leave. – In addition to the leave privileges now enjoyed by teachers in the public schools, they shall be entitled to study leave not exceeding one school year after seven years of service. Such leave shall be granted in accordance with a schedule set by the Department of Education. During the period of such leave, the teachers shall be entitled to at least sixty per cent of their monthly salary: Provided, however , That no teacher shall be allowed to accumulate more than one year study leave, unless he needs an additional semester to finish his thesis for a graduate study in education or allied courses: Provided, further , That no compensation shall be due the teacher after the first year of such leave. In all cases, the study leave period shall be counted for seniority and pension purposes. The compensation allowed for one year study leave as herein provided shall be subject to the condition that the teacher takes the regular study load and passes at least seventy-five per cent of his courses. Study leave of more than one year may be permitted by the Secretary of Education but without compensation. Section 25. Indefinite Leave. – Leave. – An indefinite sick leave of absence shall be granted to teachers when the nature of the illness demands a long treatment that will exceed one year at the least.
Section 26. Salary Increase upon Retirement. – Public school teachers having fulfilled the age and service requirements of the applicable retirement laws shall be given one range salary raise upon retirement, which shall be the basis of the computation of the lump sum of t he retirement pay and the monthly benefits thereafter. VI. TEACHER‟S ORGANIZATION
Section 27. Freedom to Organize. – Public school teachers shall have the right to freely and without previous authorization both to establish and to join organizations of t heir choosing, whether local or national to further and defend their interests. Section 28. Discrimination Against Teachers Prohibited. – The rights established in the immediately preceding Section shall be exercised without any interference or coercion. It shall be unlawful for any person to commit any acts of discrimination against teachers which are calculated to (a) make the employment of a teacher subject to the condition that he shall not join an organization, or shall relinquish membership in an organization, (b) to cause the dismissal of or otherwise prejudice a teacher by reason of his membership in an organization or because of participation in organization activities outside school hours, or with the consent of t he proper school authorities, within school hours, and (c) to prevent him from carrying out t he duties laid upon him by his position in the organization, or to penalize him for an action undertaken in that capacity. Section 29. National Teacher‟s Organizations. – National teachers‟ organizations shall be consulted in the formulation of national educational policies and professional standards, and in the formulation of national policies governing the social security of the teachers. VII. ADMINISTRATION AND ENFORCEMENT Section 30. Rules and Regulations. – The Secretary of Education shall formulate and prepare the necessary rules and regulations to implement the provisions of this Act. Rules and regulations issued pursuant to this Section shall take effect thirty days after publication in a newspaper of general circulation and by such other means as the Secretary of Education deems reasonably sufficient to give interested parties general notice of such issuance. Section 31. Budgetary Estimates. – The Secretary of Education shall submit to Congress annually the necessary budgetary estimates to implement the provisions of the Act concerning the benefits herein granted to public school teachers under the employ of the National Government. Section 32. Penal Provision. – A person who shall wilfully interfere with, restrain or coerce any teacher in the exercise of his rights guaranteed by this Act or who shall in any other manner commit any act to defeat any of the provisions of this Act shall, upon conviction, be punished by a fine of not less than one hundred pesos nor more than one thousand pesos, or by imprisonment, in the discretion of the court. If the offender is a public official, the court shall order his dismissal from the Government service.
Section 33. Repealing Clause. – All Acts or parts of Acts, executive orders and their implementing rules inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly. Section 34. Separability Clause. – If any provision of this Act is declared invalid, the remainder of this Act or any provisions not affected thereby shall remain in force and in effect. Section 35. This Act shall take effect upon its approval. Approved, June 18, 1966. REPUBLIC ACT NO. 7836 AN ACT TO STRENGTHEN THE REGULATION AND SUPERVISION OF THE PRACTICE OF TEACHING IN THE PHILIPPINES AND PRESCRIBING A LICENSURE EXAMINATION FOR TEACHERS AND FOR OTHER PURPOSES
ARTICLE I TITLE SECTION 1. Short Title. – This Act shall be known as the “Philippine Teachers Professionalization Act of 1994.”
Sec. 2. Statement of Policy. – The State recognizes the vital role of teachers in nation -building and development through a responsible and literate citizenry.Towards this end, the State shall ensure and promote quality education by proper supervision and regulation of the licensure examination and professionalization of the practice of t he teaching profession. Sec. 3. Objectives. – This Act has the herein objectives: (a) The promotion, development and professionalization of teachers and the teaching profession; and (b) The supervision and regulation of the licensure examination.
Sec. 4. Definition of Terms. – For purposes of this Act, the following terms shall mean: (a) “Teaching” – refers to the profession concerned primarily with classroom instruction, at the elementary and secondary levels in accordance with t he curriculum prescribed by the Department of Education, Culture and Sports, whether on part-time or full-time basis in the private or public schools. (b) “Teachers” – refers to all persons engaged in teaching at the elementary and secondary levels, whether on full-time or part-time basis, including industrial arts or vocational teachers and all other persons performing supervisory and/or administrative functions in all schools in the aforesaid levels and qualified to practice teaching under thi s Act. (c) “Board” – refers to the Board for Professional Teachers duly established and constituted under this Act. (d) “Commission” – refers to the Professional Regulation Commission.
ARTICLE II BOARD FOR PROFESSIONAL TEACHERS Sec. 5. Creation and Composition of the Board. – There is hereby created under this Act a Board for Professional Teachers, hereinafter called the Board, a collegial body under the general supervision and administrative control of the Professional Regulation Commission, hereinafter referred to as the Commission, composed of five (5) members who shall be appointed by the President of the Philippines from among the recommendees chosen by the Commission.The recommendees shall be chosen from the list of nominees selected by the accredited association of teachers, who duly possess all the qualifications prescribed in Section 8 of this Act. The chairman and the voice-chairman of the Board shall be appointed from these five (5) members by the President: Provided, That the members of the first Board appointed under this Act shall be automatically registered as professional teachers and i ssued with the certificate of registration and professional license upon payment of the fees for examination, registration, and other fees prescribed by the Commission. Sec. 6. Duties and Function of the Board. – The Board shall have the following duties and functions: (a) Promulgate, administer and enforce rules and regulations necessary for carrying out t he provisions of this Act in accordance with the charter of the Professional Regulation Commission; (b) Determine and fix the frequency, dates, and places of examination, appoint supervisors, proctors, and other personnel as needed who shall be entitled to a daily allowance to be fixed by the Board for every examination day actually attended, use buildings and facilities of public or private schools for examination purposes; (c) Issue, suspend, or revoke the certi ficate of registration for the practice of the teaching profession; (d) Prescribe and collect examination and other fees as it may deem proper; (e) Prescribe and/or adopt a code of ethical and professional standards for the practice of the teaching profession.Such ethical standards, rules and regulations to take effect sixty (60) days after its publication in the Official Gazette or in any newspaper of general circulation; (f) Administer oaths in connection with the administration of this Act; (g) Supervise and regulate the registration, licensure and practice of professional teachers in the Philippines; (h) Adopt an official seal of the Board; (i) Look into the conditions affecting the practice of the teaching profession and whenever necessary, adopt such measures as may be deemed proper for the enhancement and maintenance of high professional and ethical standards of the profession;
(j) Ensure that all educational institutions offering elementary and secondary education comply with the essential requirements for curricula, faculty and facilities for the elementary and secondary levels; (k) Investigate such violations of this Act, the rules and t he code of ethical and professional standards for professional teachers as it may come to the knowledge of the Board, and for this purpose, to issue subpoena and subpoena duces tecum to secure the appearance of witnesses and the production of documents in connection therewith; and (l) Discharge such other powers, duties and functions as the Board may deem necessary for the practice of the teaching profession and the upgrading, enhancement, development and growth of education in the Philippines.
Sec. 7. Term of Office. – The members of the Board shall hold office for a term of three (3) years from the date they assume office: Provided, That the first appointees to the Board under this Act shall hold office according to the following terms: one (1) member shall serve for one (1) year; one (1) member for two (2) years; the chairman, vice-chairman, and one (1) member for three (3) years. Vacancies shall be served for the unexpired term only. No person who has served for two (2) consecutive terms shall be eligible for reappointment. Appointment to fill an unexpired term shall be considered an appointment to a complete term. The chairman or any member shall take his oath of office prior to the performance of his duties. Sec. 8. Qualification of Board Members. – Each Board member must at the time of his appointment: (a) Be a citizen and resident of the Philippines; (b) Be at least thirty-five (35) years of age, of proven integrity, and possessed of high moral values in his personal as well as professional conduct and has not been convicted of any offense involving moral turpitude; (c) Be a holder of the degree of Bachelor of Arts or Bachelor of Science in Education and preferably a holder of a master‟s or doctorate degree in education, or their equivalents, from a university, school, college, academy or institute duly constituted, recognized and/or accredited by the Philippine government; (d) Be a professional teacher with a valid certificate of registration and valid professional license, save those members who shall compose the first Board for Professional Teachers; (e) Has been a professional teacher in the active practice of the teaching profession for at least ten (10) years in the elementary and secondary level; and (f) Not be an official or member of the faculty of, nor have pecuniary interest in any university, college, school, or institution conferring a bachelor‟s degree in education or its equivalents for at least three (3) years prior to his appointment, and neither connected with a review center or with any group or association where review classes or lectures in preparation for the licensure examination are offered or conducted.
Provided, however , That, the membership to the Board shall be evenly distributed to cover all
levels of education, including equitable representation of the different fields of specialization. Sec. 9. Compensation of the Board. – The chairman, vice-chairman, and members of the Board shall receive compensation comparable to the compensation received by existing regulatory boards under the Professional Regulation Commission, computed on the basis of the number of examinees/candidates. Sec. 10. Supervision of the Board and Custodian of its Records. – The Board shall be under the supervision and control of the Commission. All records, including applications for examination, examination papers and results, minutes of deliberation, administrative cases and investigative cases and investigations involving professional teachers shall be kept by the Commission. Sec. 11. Secretariat and Support Services. – The Professional Regulation Commission, through its chairman, shall provide the secretariat and other support services to implement effectively the provisions of this Act. Sec. 12. Removal of a Board Member. – The chairman or any member of the Board may be removed by the President of the Philippines upon recommendation of the Commission for neglect of duty, incompetence, unprofessional, unethical, immoral or dishonorable conduct, commission or toleration of irregularities in the examination, after having been given the opportunity to defend himself in a proper administrative investigation. In the course of investigation, the President may preventively suspend the respondent. ARTICLE III EXAMINATION AND REGISTRATION Sec. 13. Examination, Registration and License Required. – Except as otherwise specifically allowed under the provisions of this Act, all applicants for registration as professional teachers shall be required to undergo a written examination which shall be given at least once a year in such places and dates as the Board may determine upon approval by the Commission. A valid certificate of registration and a valid professional license from the Commission are required before any person is allowed to practice as a professional teacher in the Philippines, except as otherwise allowed under this Act. Sec. 14. Scope of Examination. – The examinations for the elementary and secondary school teachers shall be separate. The examination for teachers in the elementary level shall consist of two (2) parts, namely: professional education and general education. The examination for teachers in the secondary level shall consist of three (3) parts, namely: professional education, general education, and field of specialization. Sec. 15. Qualification Requirements of Applicants. – No applicant shall be admitted to take the examination unless, on the date of filing of the application, he shall have complied with the following requirements: (a) A citizen of the Philippines or an alien whose country has reciprocity with the Philippines in the practice of the teaching profession;
(b) At least eighteen (18) years of age; (c) In good health and of good reputation with high moral values; (d) Has not been convicted by final judgment by a court for an offense involving moral turpitude; (e) A graduate of a school, college or university recognized by the government and possesses the minimum educational qualifications, as follows: (1) For teachers in preschool, a bachelor‟s degree in early childhood education (BECED) or i ts equivalent; (2) For teachers in the elementary grades, a bachelor‟s degree in elem entary education (BSEED) or its equivalent; (3) For teachers in the secondary grades, a bachelor‟s degree in education or its equivalent with a major and minor, or a bachelor‟s degree in arts and sciences with at least ten (10) units in professional education; and (4) For teachers of vocational and two-year technical courses, a bachelor‟s degree in the field of specialization or its equivalent, with at least eighteen (18) units in professional education.
Sec. 16. Report of the Results of the Examination. – The Board shall, within one hundred twenty (120) days after the examination, report the ratings obtained by each candidate to the Professional Regulation Commission for approval and appropriate action. Sec. 17. Issuance of Certificate of Registration and Professional License. – The registration of a professional teacher commences from the date his name is enrolled in the roster of professional teachers. Every registrant who has satisfactorily met all the requirements specified in this Act shall, upon payment of the registration fee, be issued a certificate of registration as a professional teacher bearing the full name of the registrant with serial number and date of issuance signed by the chairman of the Commission and the chairman, vice-chairman, and members of the Board, stamped with the official seal, as evidence that the person named therein is entitled to practice the profession with all the rights and privileges appurtenant thereto. The cert ificate shall remain in full force and effect until withdrawn, suspended and/or revoked in accordance with law. A professional license signed by the chairman of the Commission and bearing the registration number and date of issuance thereof and the month of expiry or renewability shall likewise be issued to every registrant who has paid the annual registration fees for thr ee (3) consecutive years. This license shall serve as evidence that the licensee can lawfully practice his profession until the expiration of its validity. Sec. 18. Oath Before Practice. – Every registrant shall be required to take his professional oath before practicing as a professional teacher.
Sec. 19. Periodic Merit Examination of Teachers. – To encourage continuing professional growth and development and to provide additional basis for merit promotion, in addition to their performance rating, teachers may take an oral and written examination at least once in five (5) years as basis for merit promotion. In taking this examination, no fee shall be required. Sec. 20. Failure to Pass the Merit Examination. – If a teacher fails to pass the merit examination, he or she shall be allowed to take the examination for a second time. Should he or she fail to pass the merit examination for the second time, then he or she shall be re quired to take a DECS accredited refresher course or program before being allowed to retake the examination. Failure of any permanent teacher to pass the merit examination shall not, however, be used as a ground for his/her dismissal or demotion. Sec. 21. Incentives. – Teachers who pass the merit examination shall: (a) Be awarded a diploma of merit by the Board; (b) Earn merit points for purposes of promoti on in salary or to a higher position or grade level; (c) Be placed in the priority list for government scholarship; and (d) Enjoy such other benefits as may be prom ulgated by the Board.
Similar incentives shall be given to teachers who make inventions, develop new methods of teaching, write a book or books and create works of artistic merit. Sec. 22. Integration of the Teaching Profession. – The teaching profession shall be integrated into one national organization which shall be recognized by the Board and the Commission as the one and only integrated and accredited association of professional teachers. Upon registration with the Board, every professional teacher shall be encouraged to become a member of the integrated national organization. Those who have been registered with the Board but are not members of the said integrated organization shall be allowed to register as members of the said integrated organization within three (3) years after the effectivity of this Act. Membership in the integrated organization shall not be a bar to membership in other associations of the teaching profession. The professional teachers shall receive the benefits and privileges appurtenant to their membership in the said integrated and accredited organization of professional teachers only upon payment of the required membership fees and dues. Sec. 23. Revocation of the Certificate of Registration, Suspension from the Practice of the Teaching Profession, and Cancellation of Temporary or Special Permit. – The Board shall have the power, after due notice and hearing, to suspend or revoke the certificate of registration of any registrant, to reprimand or to cancel the temporary/special permit of a holder thereof who is exempt from registration, for any of the following causes: (a) Conviction for any criminal offense by a court of competent jurisdiction; (b) Immoral, unprofessional or dishonorable conduct; (c) Declaration by a court of competent jurisdiction for being mentally unsound or insane;
(d) Malpractice, gross incompetence, gross negligence or serious ignorance of the practice of the teaching profession; (e) The use of or perpetration of any fraud or deceit in obtaining a certificate of registration, professional license or special/temporary permit; (f) Chronic inebriety or habitual use of drugs; (g) Violation of any of the provisions of this Act, the rules and regulations and other policies of the Board and the Commission, and the code of ethical and professional standards for professional teachers; and (h) Unjustified or willful failure to attend seminars, workshops, conferences and the like or the continuing education program prescribed by the Board and the Commission.
The decision of the Board to revoke or suspend a certificate may be appealed to the regional trial court of the place where the Board holds office within fifteen (15) days from receipt of the said decision or of the denial of the motion for reconsideration filed in due time. Sec. 24. Registration by Reciprocity. – No teacher of a foreign nationality shall be admitted to the examination, or be given a certificate of registration or be entitled to any of the rights and privileges provided under this Act; unless the country or state of which he is a subject permits Filipino professional teachers to practice within its territorial limits on the same basis as subjects or citizens of said country or state: Provided, that the requirements of certification of teachers with said foreign state or country are substantially the same as those required and contemplated under this Act:Provided, further , That the laws of such state or country grant the same privilege to Filipino professional teachers on the same basis as the subject or citizens of such foreign country or state. Sec. 25. Roster of Professional Teachers. – A roster of professional teachers containing the names and addresses of professional teachers, date of registration or issuance of certificate, and other data which in the opinion of the Board may appear pertinent shall be maintained. Copies of the roster shall be provided by the Commission to the Board, the Department of Education, Culture and Sports, and the integrated and accredited organization of professional teachers. Sec. 26. Registration and Exception. – Two (2) years after the effectivity of this Act, no person shall engage in teaching and/or act as a professional teacher as defined in this Act, whether in the preschool, elementary or secondary level, unless he is a duly registered professional teacher, and a holder of a valid certificate of registration and a valid professional license or a holder of a valid special/temporary permit. Upon approval of the application and payment of the prescribed fees, the certificate of registration and professional license as a professional teacher shall be issued without examination as required in this Act to a qualified applicant, who at the time of the approval of this Act, is: (a) A holder of a certificate of eligibility as a teacher issued by the Civil Service Commission and the Department of Education, Culture and Sports; or
(b) A registered professional teacher with the National Board for Teachers under the Department of Education, Culture and Sports (DECS) pursuant to Presidential Decree No. 1006; or (c) Not qualified under paragraphs one and two but with any of the following qualifications, to wit: (1) An elementary or secondary teacher for five (5) years in good standing and a holder of Bachelor of Science in Education or its equivalent; or (2) An elementary or secondary teacher for three (3) years in good standing and a holder of a master‟s degree in education or its equivalent. Provided, That they shall be given two (2) years from the organization of the Board for
professional teachers within which to register and be included in the roster of professional teachers: Provided, further , That those incumbent teachers who are not qualified to register without examination under this Act or who, albeit qualified, were unable to register within the two-year period shall be issued a five-year temporary or special permit from the time the Board is organized within which to register after passing the examination and complying with the requirements provided this Act and be included in the roster of professional teachers: Provided, furthermore, That those who have failed the licensure examination for professional t eachers shall be eligible as para-teachers and as such, shall be issued by the Board a special or temporary permit, and shall be assigned by the Department of Education, Culture and Sports (DECS) to schools as it may determine under the circumstances. ARTICLE IV PROVISIONS RELATIVE TO THE PRACTICE OF THE TEACHING PROFESSION Sec. 27. Inhibition Against the Practice of the Teaching Profession. – Except as otherwise allowed under this Act, no person shall practice or offer to practice the teaching profession in the Philippines or be appointed as teacher to any position calling for a teaching position without having previously obtained a valid certificate of registration and a valid professional license from the Commission. Sec. 28. Penal Provisions. – The following shall be punishable by a fine of not less than Five thousand pesos (P5,000.00) nor more than Twenty thousand pesos (P20,000.00) or imprisonment of nor less than six (6) months nor more than five (5) years, or both, at the discretion of the court: (a) Any person who practices the teaching profession in the Philippines without being certified in accordance with the provisions of this Act; (b) Any person who represents or attempts to use as his own certificate of registration that of another; (c) Any person who gives any false, or f raudulent evidence of any kind to the Board or any member thereof in obtaining a certificate of registration as teacher; (d) Any person who impersonates any registrant of the same or different name; (e) Any person who uses a revoked or suspended certificate of registration;
(f) Any person who, in connection with his name, otherwise assumes, uses or advertises any title or description tending to convey or conveys the im pression that he is a teacher without holding a valid certificate; and (g) Any person who violates or who abets the vi olation of any of the provisions of this Act.
The penalty of fine or imprisonment or both, as provided in this section, shall also apply to any school official who shall cause or be responsible for the commission of any of the aboveenumerated acts. Sec. 29. Appropriations. – Such sums as may be necessary to carry out the provisions of t his Act shall be included in the 1996 General Appropriations Act and thereafter. Sec. 30. Implementing Guidelines. – The Board shall formulate and adopt the necessary guidelines for the effective implementation of the provisions of this Act within sixty (60) days of its approval. The Board shall submit to both Committees on Education, Arts, and Culture; and the Committees on Civil Service and Professional Regulation of the Senate and House of Representatives, copies of the implementing rules and guidelines within thirty (30) days after its promulgation. Any violation of this section shall render the official/s concerned liable under Republic Act No. 6713, otherwise known as the “Code of Conduct and Ethical Standards for Public Officials and Employees” and other pertinent administrative and/or penal laws.
Sec. 31. Transitory Provision. – All incumbent teachers in both the public and private sector not otherwise certified as professional teachers by virtue of this Act, shall be given (5) years temporary certificates from the time the Board for Professional Teachers is organized within which to qualify as required by this Act and be included in the roster of professionals. Provided, however , That the Professional Board Examination for Teachers (PBET) shall still be
administered by the Civil Service Commission and the Department of Education, Culture and Sports for the year 1995. Sec. 32. Separability Clause. – If, for any reason, any section or provision of this Act or the application of such section or provision to any person or circumstance is declared unconstitutional or invalid, no other section or provision of t his Act shall be affected thereby. Sec. 33. Repealing Clause. – All laws, presidential decrees, executive orders, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Sec. 34. Effectivity Clause. – This Act shall take effect after fifteen (15) days following its complete publication in the Official Gazette or in two (2) newspapers of general circulation. Approved, December 16, 1994.
AN ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED SEVENTY-EIGHT HUNDRED AND THIRTY-SIX (R.A. NO. 7836), OTHERWISE KNOWN AS THE “PHILIPPINE TEACHERS PROFESSIONALIZATION ACT OF 1994″
Section 1. Sec. 15, (e) (3) of Republic Act No. 7836 is hereby amended as follows: “Sec. 15. Qualification Requirements of Applicant. – No applicant shall be admitted to take the examination unless, on the date of filing of the application, he shall have complied with the following requirements: “(e) A graduate of a school college or university recognized by the governm ent and possesses the minimum educational qualifications, as follows: (1) For teachers in preschool, a bachelor‟s degree in early childhood education (BECED) or its equivalent; (2) For teachers in the secondary grades, a bachelor‟s degree in elementary education (BSEED) or its equivalent; (3) For teachers in the secondary grades, a bachelor‟s degree in education or its equivalent with a major and minor, or a bachelor degree in arts and sciences with at least eighteen (18) units in professional education; and (4) For teachers of vocational and two-year technical courses, a bachelor’s degree in the field of specialization or its equivalent, with at least eighteen (18) units in professional education,”
Sec. 2. Sec. 26 of the same Act is hereby amended to read as follows: “Sec 26. Registration and Exception. – No person shall engage in teaching and/or act as a professional teacher as defined in this Act. whether in the preschool, elementary or secondary level, unless the person is a duly registered professional teacher, and a holder of a valid certificate of registration and a valid professional license or a holder of a valid special/temporary permit. Upon approval of the application and payment of the prescribed fees, the certificate of registration and professional license as a professional teacher shall be issued without examination as acquired in this Act to a qualified applicant, who is: (a) A holder of a certificate of eligibility as a teacher issued by the Civil Service Commission and the Department of Education, Culture and Sports; or (b) A registered professional teacher with the National Board for Teachers under the Department of Education, Culture and Sports (DECS) pursuant to Presidential Decree No. 1006. Professional teachers who have not practiced their profession for the past five (5) years shall take at least twelve (12) units of education courses, consisting of a least six (6) units of pedagogy and six (6) units of context courses or t he equivalent training and number 1 hours to be chosen
from a list of courses to be provided by the Board and the Department of Education, before they can be allowed to practice their profession in the country. Those who have failed the licensure examination for professional teachers, with a rating of not lower than five percentage points from the passing general average rating, shall be eligible as para-teachers upon issuance by the Board of a two-year special permit, renewable for a nonextendible period of two (2) years The para-teachers shall be assigned to areas where there is a shortage or absence of a professional teacher, as identified and provided by the Department of Education and the Autonomous Region for Muslim Mindanao (ARMM) education department to the Board for professional teachers and to the Commission. The special permit shall indicate the area of assignment of the para-teacher. A special permit may also be issued by the Board to a person who has excelled and gained international recognition and is a widely acknowledged expert in his or her respective field of specialization.”
Sec. 3. Sec. 31 of the same Act is hereby amended to read as follows: “Sec. 31. Transitory Provision. – Special permits, with a validity of three (3) and five (5) years. issued to para-teachers by the Board for Professional Teachers before the effectivity of this Act shall be allowed to expire based on the period granted therein: Provided, That only special permits with a validity of three (3) years maybe renewed upon expiration for a non -extendible period of two (2) years.” Sec. 4. References to the term “Department of Education, Culture and Sports”, in Sec. 4 (a) and Sec. 25, and the term “DECS” in Sec. 20, of the same Act, are hereby amended to read as “Department of Education” and “DepEd”, respectively.
Sec. 5. Separability Clause. – If, for any reason, any Sec. or provision of this Act or the application of such Sec. in provision to any person in circumstance is declared unconstitutional or invalid, no other Sec. or provision of this Act shall be affected thereby. Sec. 6. Repealing Clause. – All laws, decrees, circulars, administrative orders, rules and regulations, and other issuances which are inconsistent with the provisions of this Act am hereby repealed or modified accordingly. Sec. 7. Effectivity. – This Act shall take effect upon approval. Approved, April 21, 2004. REPUBLIC ACT NO. 8190 AN ACT GRANTING PRIORITY TO RESIDENTS OF THE BARANGAY, MUNICIPALITY OR CITY WHERE THE SCHOOL IS LOCATED, IN THE APPOINTMENT OR ASSIGNMENT OF CLASSROOM PUBLIC SCHOOLTEACHERS
Section 1. In the appointment or assignment of teachers to public elementary or secondary schools, priority shall be given to bona fideresidents of the barangay, municipality, city or province where the school is located: Provided, That the teacher possesses all the minimum qualifications for the position as required by law.
Protests regarding the appointment or assignment of classroom public schoolteachers shall prescribe in three (3) months upon the issuance of such appointments or assignment. Sec. 2. In the exercise of its disciplinary authority, the Secretary of Education, Culture and Sports shall impose the following administrative sanctions for any willful violation of this Act: (1) first violation – suspension of one (1) month without pay; (2) second violation – suspension of two (2) months without pay; and (3) third violation and subsequent violations hereof – suspension of six (6) months without pay. Sec. 3. The Department of Education, Culture and Sports (DECS) shall prescribe the rules and regulations necessary to implement this Act. The DECS shall provide the senate and the House of Representatives a copy of the rules and regulations within ninety (90) days after approval of this Act. Sec. 4. All laws, decrees, executive orders, rules and regulations, or parts thereof inconsistent with this Act are hereby repealed or modified accordingly. Sec. 5. This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) newspapers of general circulation. Approved, June 11, 1996. Republic Act No. 6713 AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES, TO UPHOLD THE TIME-HO NORED PRINCIPLE OF PUBLIC OFFICE BEING A PUBLIC TRUST, GRANTING INCENTIVES AND REWARDS FOR EXEMPLARY SERVICE, ENUMERATING PROHIBITED ACTS AND TRANSACTIONS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Title. – This Act shall be known as the “Code of Conduct and Ethical Standards for Public Officials and Employees.”
Section 2. Declaration of Policies. – It is the policy of the State to promote a high standard of ethics in public service. Public officials and employees shall at all times be accountable to the people and shall discharge their duties with utmost responsibility, integrity, competence, and loyalty, act with patriotism and justice, lead modest lives, and uphold public interest over personal interest. Section 3. Definition of Terms. – As used in this Act, the term: (a) “Government” includes the National Government, the local governments, and all other instrumentalities, agencies or branches of the Republic of the Philippines including governmentowned or controlled corporations, and their subsidiaries.
(b) “Public Officials” includes elective and appointive officials and employees, permanent or temporary, whether in the career or non -career service, including military and police personnel, whether or not they receive compensation, regardless of amount. (c) “Gift” refers to a thing or a right to dispose of gratuitously, or any act or liberality, in favor of another who accepts it, and shall include a simulated sale or an ostensibly onerous disposition thereof. It shall not include an unsolicited gift of nominal or insignificant value not given in anticipation of, or in exchange for, a favor from a public official or employee. (d) “Receiving any gift” includes the act of accepting directly or indirectly, a gift from a person other than a member of his family or relative as defined in this Act, even on the occasion of a family celebration or national festivity like Christmas, if the value of the gift is neither nominal nor insignificant, or the gift is given in anticipation of, or i n exchange for, a favor. (e) “Loan” covers both simple loan and commodatum as well as guarantees, financing arrangements or accommodations intended to ensure its approval. (f) “Substantial stockholder” means any person who owns, directly or indirectly, shares of stock sufficient to elect a director of a corporation. This term shall also apply to the parties to a voting trust. (g) “Family of public officials or employees” means their spouses and unmarried children under eighteen (18) years of age. (h) “Person” includes natural and juridical persons unless the context i ndicates otherwise. (i) “Conflict of interest” arises when a public official or employee is a member of a board, an officer, or a substantial stockholder of a private corporation or owner or has a substantial interest in a business, and the interest of such corporation or business, or his rights or duties th erein, may be opposed to or affected by the faithful performance of official duty. (j) “Divestment” is the transfer of title or disposal of interest in property by voluntarily, completely and actually depriving or dispossessing oneself of his right or title t o it in favor of a person or persons other than his spouse and relatives as defined in this Act. (k) “Relatives” refers to any and all persons related to a public official or employee within the fourth civil degree of consanguinity or affinity, including bilas, inso and balae.
Section 4. Norms of Conduct of Public Officials and Employees. – (A) Every public official and employee shall observe the following as standards of personal conduct in the discharge and execution of official duties: (a) Commitment to public interest. – Public officials and employees shall always uphold the public interest over and above personal interest. All government resources and powers of their respective offices must be employed and used efficiently, effectively, honestly and economically, particularly to avoid wastage in public funds and revenues. (b) Professionalism. – Public officials and employees shall perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill. They shall enter public
service with utmost devotion and dedication to duty. They shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage. (c) Justness and sincerity. – Public officials and employees shall remain true to the people at all times. They must act with justness and sincerity and shall not discriminate against anyone, especially the poor and the underprivileged. They shall at all times respect the rights of others, and shall refrain from doing acts contrary to law, good morals, good customs, public policy, public order, public safety and public interest. They shall not dispense or extend undue favors on account of their office to their relatives whether by consanguinity or affinity except with respect to appointments of such relatives to positions considered strictly confidential or as members of their personal staff whose terms are coterminous with theirs. (d) Political neutrality. – Public officials and employees shall provide service to everyone without unfair discrimination and regardless of party affiliation or preference. (e) Responsiveness to the public. – Public officials and employees shall extend prompt, courteous, and adequate service to the public. Unless otherwise provided by law or when required by the public interest, public officials and employees shall provide information of their policies and procedures in clear and understandable language, ensure openness of information, public consultations and hearings whenever appropriate, encourage su ggestions, simplify and systematize policy, rules and procedures, avoid red tape and develop an understanding and appreciation of the socio-economic conditions prevailing in the country, especially in the depressed rural and urban areas. (f) Nationalism and patriotism. – Public officials and employees shall at all times be loyal to the Republic and to the Filipino people, promote the use of locally produced goods, resources and technology and encourage appreciation and pride of country and people. They shall endeavor to maintain and defend Philippine sovereignty against foreign intrusion. (g) Commitment to democracy. – Public officials and employees shall commit themselves to the democratic way of life and values, maintain the principle of public accountability, and manifest by deeds the supremacy of civilian authority over the military. They shall at all times uphold the Constitution and put loyalty to country above loyalty to persons or party. (h) Simple living. – Public officials and employees and their fami lies shall lead modest lives appropriate to their positions and income. They shall not indulge in extravagant or ostentatious display of wealth in any form.
(B) The Civil Service Commission shall adopt positive measures to promote (1) observance of these standards including the dissemination of information programs and workshops authorizing merit increases beyond regular progression steps, to a limited number of employees recognized by their office colleagues to be outstanding in their observance of ethic al standards; and (2) continuing research and experimentation on measures which provide positive motivation to public officials and employees in raising the general level of observance of these standards. Section 5. Duties of Public Officials and Employees. – In the performance of their duties, all public officials and employees are under obligation to:
(a) Act promptly on letters and requests. – All public officials and employees shall, within fifteen (15) working days from receipt thereof, respond to letters, telegrams or other means of communications sent by the public. The reply must contain the action taken on the request. (b) Submit annual performance reports. – All heads or other responsible officers of offices and agencies of the government and of government-owned or controlled corporations shall, within forty-five (45) working days from the end of the year, render a performance report of the agency or office or corporation concerned. Such report shall be open and available to the public within regular office hours. (c) Process documents and papers expeditiously. – All official papers and documents must be processed and completed within a reasonable time from the preparation thereof and must contain, as far as practicable, not more than three (3) signatories therein. In the absence of duly authorized signatories, the official next-in-rank or officer in charge shall sign for and in their behalf. (d) Act immediately on the public‟s personal transactions. – All public officials and employees must attend to anyone who wants to avail himself of the services of their offices and must, at all times, act promptly and expeditiously. (e) Make documents accessible to the public. – All public documents must be made accessible to, and readily available for inspection by, the public within reasonable working hours.
Section 6. System of Incentives and Rewards. – A system of annual incentives and rewards is hereby established in order to motivate and inspire public servants to uphold the highest standards of ethics. For this purpose, a Committee on Awards to Outstanding Public Officials and Employees is hereby created composed of the following: the Ombudsman and Chairman of the Civil Service Commission as Co-Chairmen, and the Chairman of the Commission on Audit, and two government employees to be appointed by the President, as members. It shall be the task of this Committee to conduct a periodic, continuing review of the performance of public officials and employees, in all the branches and agencies of Government and establish a system of annual incentives and rewards to the end that due recognition is given to public officials and employees of outstanding merit on the basis of the standards set forth in this Act. The conferment of awards shall take into account, among other t hings, the following: the years of service and the quality and consistency of performance, the obscurity of the position, the level of salary, the unique and exemplary quality of a certain achievement, and the risks or temptations inherent in the work. Incentives and rewards to government officials and employees of the year to be announced in public ceremonies honoring them may take the form of bonuses, citations, directorships in government-owned or controlled corporations, local and foreign scholarship grants, paid vacations and the like. They shall likewise be automatically promoted to the next higher position with the commensurate salary suitable to their qualifications. In case there is no next higher position or it is not vacant, said position shall be included in the budget of the office in the next General Appropriations Act. The Committee on Awards shall adopt its own rules to govern the conduct of its activities.
Section 7. Prohibited Acts and Transactions. – In addition to acts and omissions of public officials and employees now prescribed in the Constitution and existing laws, the following shall constitute prohibited acts and transactions of any public official and employee and are hereby declared to be unlawful: (a) Financial and material interest. – Public officials and employees shall not, directly or indirectly, have any financial or material interest in any transaction requiring the approval of their office. (b) Outside employment and other activities related thereto. – Public officials and employees during their incumbency shall not: (1) Own, control, manage or accept employment as officer, employee, consultant, counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by law; (2) Engage in the private practice of their profession unless authorized by the Constitution or law, provided, that such practice will not conflict or tend to conflict with their official functions; or (3) Recommend any person to any position i n a private enterprise which has a regular or pending official transaction with their office. These prohibitions shall continue to apply for a period of one ( 1) year after resignation, retirement, or separation from public office, except in the case of subparagraph (b) (2) above, but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with, in which case the one-year prohibition shall likewise apply. (c) Disclosure and/or misuse of confidential information. – Public officials and employees shall not use or divulge, confidential or classified information officially known to them by reason of their office and not made available to the public, either: (1) To further their private interests, or give undue advantage to anyone; or (2) To prejudice the public interest. (d) Solicitation or acceptance of gifts. – Public officials and employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office. As to gifts or grants from foreign governments, the Congress consents to: (i) The acceptance and retention by a public official or employee of a gift of nominal value tendered and received as a souvenir or mark of courtesy; (ii) The acceptance by a public official or employee of a gift in the nature of a scholarship or fellowship grant or medical treatment; or (iii) The acceptance by a public official or employee of travel grants or expenses for travel taking place entirely outside the Philippine (such as allowances, transportation, food, and
lodging) of more than nominal value if such acceptance is appropriate or consistent with the interests of the Philippines, and permitted by the head of office, branch or agency to which he belongs.
The Ombudsman shall prescribe such regulations as may be nece ssary to carry out the purpose of this subsection, including pertinent reporting and disclosure requirements. Nothing in this Act shall be construed to restrict or prohibit any educational, scientific or cultural exchange programs subject to national security requirements. Section 8. Statements and Disclosure. – Public officials and employees have an obligation to accomplish and submit declarations under oath of, and the public has the right to know, their assets, liabilities, net worth and financial and business interests including those of their spouses and of unmarried children under eighteen (18) years of age living in their households. (A) Statements of Assets and Liabilities and Financial Disclosure. – All public officials and employees, except those who serve in an honorary capacity, laborers and casual or temporary workers, shall file under oath their Statement of Assets, Liabilities and Net Worth and a Disclosure of Business Interests and Financial Connections and those of their spouses and unmarried children under eighteen (18) years of age living in their households. The two documents shall contain information on the following: (a) real property, its improvements, acquisition costs, assessed value and current fair market value; (b) personal property and acquisition cost; (c) all other assets such as investments, cash on hand or in banks, stocks, bonds, and the like; (d) liabilities, and; (e) all business interests and financial connections.
The documents must be filed: (a) within thirty (30) days after assumption of offi ce; (b) on or before April 30, of every year thereafter; and (c) within thirty (30) days after separation from the service.
All public officials and employees required under this section to file the aforestated documents shall also execute, within thirty (30) days from the date of their assumption of office, the necessary authority in favor of the Ombudsman to obtain from all appropriate government agencies, including the Bureau of Internal Revenue, such documents as may show their assets, liabilities, net worth, and also their business interests and financial connections in previous years, including, if possible, the year when they first assumed any office in the Government.
Husband and wife who are both public officials or employees may file the required statements jointly or separately. The Statements of Assets, Liabilities and Net Worth and the Disclosure of Business Interests and Financial Connections shall be filed by: (1) Constitutional and national elective officials, with the national office of the Ombudsman; (2) Senators and Congressmen, with the Secretaries of the Senate and t he House of Representatives, respectively; Justices, with the Clerk of Court of the Supreme Court; Judges, with the Court Administrator; and all national executive officials with the Office of the President. (3) Regional and local officials and employees, with the Deputy Ombudsman in their respective regions; (4) Officers of the armed forces from the rank of colonel or naval captain, with the Office of the President, and those below said ranks, with the Deputy Ombudsman in their respective regions; and (5) All other public officials and employees, defined in Republic Act No. 3019, as amended, with the Civil Service Commission.
(B) Identification and disclosure of relatives. – It shall be the duty of every public official or employee to identify and disclose, to the best of his knowledge and information, his relatives in the Government in the form, manner and frequency prescribed by the Civil Service Commission. (C) Accessibility of documents. – (1) Any and all statements filed under this Act, shall be made available for inspection at reasonable hours. (2) Such statements shall be made available for copying or reproduction after ten (10) working days from the time they are filed as required by law. (3) Any person requesting a copy of a statement shall be required to pay a reasonable fee to cover the cost of reproduction and mailing of such statement, as well as the cost of certification. (4) Any statement filed under this Act shall be available to the public for a period of ten (10) years after receipt of the statement. After such period, the statement may be destroyed unless needed in an ongoing investigation. (D) Prohibited acts. – It shall be unlawful for any person to obtain or use any statement filed under this Act for: (a) any purpose contrary to morals or public policy; or (b) any commercial purpose other than by news and communications media for dissemination to the general public.
Section 9. Divestment. – A public official or employee shall avoid conflicts of interest at all times. When a conflict of interest arises, he shall resign from his position in any private business
enterprise within thirty (30) days from his assumption of office and/or divest hi mself of his shareholdings or interest within sixty (60) days from such assumption. The same rule shall apply where the public official or employee is a partner in a partnership. The requirement of divestment shall not apply to those who serve the Government in an honorary capacity nor to laborers and casual or temporary workers. Section 10. Review and Compliance Procedure. – (a) The designated Committees of both Houses of the Congress shall establish procedures for the review of statements to determine whether said statements which have been submitted on time, are complete, and are in proper form. In the event a determination is made that a statement is not so filed, the appropriate Committee shall so inform the reporting individual and direct him to take the necessary corrective action. (b) In order to carry out their responsibilities under this Act, the designated Committees of both Houses of Congress shall have the power within their respective jurisdictions, to render any opinion interpreting this Act, in writing, to persons covered by this Act, subject in each instance to the approval by affirmative vote of the majority of the particular House concerned. The individual to whom an opinion is rendered, and any other individual involved in a similar factual situation, and who, after issuance of the opinion acts in good faith in accordance with it shall not be subject to any sanction provided in this Act. (c) The heads of other offices shall perform the duties stated in subsections (a) and (b) hereof insofar as their respective offices are concerned, subject to the approval of the Secretary of Justice, in the case of the Executive Department and the Chief Justice of the Supreme Court, in the case of the Judicial Department. Section 11. Penalties. – (a) Any public official or employee, regardless of whether or not he holds office or employment in a casual, temporary, holdover, permanent or regular capacity, committing any violation of this Act shall be punished with a fine not exceeding the equivalent of six (6) months‟ salary or suspension not exceeding one (1) year, or removal depending on the gravity of the offense after due notice and hearing by the appropriate body or agency. If the violation is punishable by a heavier penalty under another law, he shall be prosecuted under the latter statute. Violations of Sections 7, 8 or 9 of this Act shall be punishable with imprisonment not exceeding five (5) years, or a fine not exceeding five thousand pesos (P5,000), or both, and, in the discretion of the court of competent jurisdiction, disqualification to hold public office. (b) Any violation hereof proven in a proper administrative proceeding shall be sufficient cause for removal or dismissal of a public official or employee, even if no criminal prosecution is instituted against him. (c) Private individuals who participate in conspiracy as co-principals, accomplices or accessories, with public officials or employees, in violation of this Act, shall be subject to the same penal liabilities as the public officials or employees and shall be tried jointly with them.
(d) The official or employee concerned may bring an action against any person who obtains or uses a report for any purpose prohibited by Section 8 (D) of this Act. The Court in which such action is brought may assess against such person a penalty in any amount not to exceed twenty-five thousand pesos (P25,000). If another sanction hereunder or under any other law is heavier, the latter shall apply. Section 12. Promulgation of Rules and Regulations, Administration and Enforcement of this Act. – The Civil Service Commission shall have the primary responsibility for the administration and enforcement of this Act. It shall transmit all cases for prosecution arising from violations of this Act to the proper authorities for appropriate action: Provided, however, That it may institute such administrative actions and disciplinary measures as may be warranted in accordance with law. Nothing in this provision shall be construed as a deprivation of the right of each House of Congress to discipline its Members for disorderly behavior. The Civil Service Commission is hereby authorized to promulgate rules and regulations necessary to carry out the provisions of this Act, including guidelines for individuals who render free voluntary service to the Government. The Ombudsman shall likewise take steps to protect citizens who denounce acts or omissions of public officials and employees which are in violation of this Act. Section 13. Provisions for More Stringent Standards. – Nothing in this Act shall be construed to derogate from any law, or any regulation prescribed by any body or agency, which provides for more stringent standards for its official and employees. Section 14. Appropriations. – The sum necessary for the effective implementation of this Act shall be taken from the appropriations of the Civil Service Commission. Thereafter, such sum as may be needed for its continued implementation shall be included in the annual General Appropriations Act. Section 15. Separability Clause. – If any provision of this Act or the application of such provision to any person or circumstance is declared invalid, the remainder of the Act or the application of such provision to other persons or circumstances shall not be affected by such declaration. Section 16. Repealing Clause. – All laws, decrees and orders or parts thereof inconsistent herewith, are deemed repealed or modified accordingly, unless the same provide for a heavier penalty. Section 17. Effectivity. – This Act shall take effect after thirty (30) days following the completion of its publication in the Official Gazette or in two (2) national newspapers of general circulation. Approved, February 20, 1989. REPUBLIC ACT NO. 5447 AN ACT CREATING A SPECIAL EDUCATION FUND TO BE CONSTITUTED FROM THE PROCEEDS OF AN ADDITIONAL REAL PROPERTY TAX AND A CERTAIN PORTION OF THE TAXES ON VIRGINIA-TYPE CIGARETTES AND DUTIES ON IMPORTED LEAF TOBACCO, DEFINING THE ACTIVITIES TO BE FINANCED, CREATING SCHOOL BOARDS FOR THE PURPOSE, AND APPROPRIATING FUNDS THEREFROM
SECTION 1. Declaration of policy; creation of Special Education Fund. – It is hereby declared to be the policy of the government to contribute to the financial support of the goals of education as provided by the Constitution. For this purpose, there is hereby created a Special Education Fund, hereinafter referred to as the Fund, to be derived from t he additional tax on real property and from a certain portion of the taxes on Virginia-type cigarettes and duties on imported leaf tobacco, hereinafter provided for, which shall be expended exclusively for the following activities of the Department of Education: (a) the organization and operation of such number of extension classes as may be needed to accommodate all children of school age desiring to enter Grade I, including the creation of positions of classroom teachers, head teachers and principals for such extension classes, which shall not exceed the standard requirements of the Bureau of Public Schools: Provided, That under equal circumstances, in the opening of such extension classes, priority shall be given to the needs of barrios; (b) the programming of the construction and repair of elementary school buildings, acquisition of sites, and the construction and repair of workshops and similar buildings and accessories thereof to house laboratory, technical and similar equipment and apparatus needed by public schools offering practical arts, home economics and vocational courses, giving priority to elementary schools on the basis of the actual needs and tot al requirements of the country: Provided, That the construction and repair shall be undertaken by the Bureau of Public Works in coordination with the Bureau of Public Schools or Bureau of Vocational Education, as the case may be, and the local school board: Pr ovided, further, That in cases where the cost of the school project does not exceed ten thousand pesos the construction and repair may be undertaken by negotiated contract by the Parents-Teachers Association or by the barrio councils concerned under the supervision and direction of the Bureau of Public Works; (c) the payment and adjustment of salaries of public school teachers under and by virtue of Republic Act Numbered Five thousand one hundred sixty-eight and all the benefits in favor of public school teachers provided under Republic Act Numbered Four thousand six hundred seventy; (d) the preparation, printing and/or purchase of textbooks, teachers‟ guides, forms and pamphlets, approved in accordance with existing laws to be used in all public schools; (e) the purchase and/or improvement, repair and refurbishing of machinery, laboratory, technical and similar equipment and apparatus, including spare parts needed by the Bureau of Vocational Education and secondary schools offering vocational courses; (f) the establishment of a printing plant to be used exclusively for the printing needs of the Department of Education and the improvement of regional printing plants in the vocational schools; (g) the purchase of teaching materials such as workbooks, atlases, flip charts, science and mathematics teaching aids, and simple laboratory devices for elementary and secondary classes;
(h) the implementation of the existing program for citizenship development in barrio high schools, folk schools and adult education classes; (i) the undertaking of education research, including that of the Board of National Education; (j) the granting of government scholarships to poor but deserving students under Republic Act Numbered Four thousand ninety; and (k) the promotion of physical education, such as athletic meets.
SECTION 2. Financing sources of the Fund. – This Fund shall consist of the proceeds of the following taxes: (a) a portion of the taxes on Virginia-type cigarettes and duties on imported leaf tobacco; and (b) an additional tax on real property.
SECTION 3. Allocation of the taxes on Virginia-type cigarettes and the duties on imported leaf tobacco. – The entire collection from specific taxes on locally-manufactured Virginia-type cigarettes and tariff duties on imported leaf tobacco shall be allocated as follows: The share of the local governments in the regular internal revenue allotment as provided for in Commonwealth Act Numbered Four hundred eighty-six, as amended by Republic Act Numbered Seven hundred eighty-one, as further amended by Republic Act Numbered Five thousand one hundred eighty-five, shall be computed and set aside for distribution to local governments in accordance with existing laws. One per centum of the entire collection shall be retained by the Bureau of Internal Revenue for the purchase of strip stamps, apparatus, equipment, as well as improvement and adoption of modern methods for the effective enforcement and collection of t he specific taxes mentioned in this section. The balance shall be distributed as follows: ten per centum to the national share of the Fund; forty per centum to the Philippine Virginia Tobacco Administration Tobacco Fund created under Republic Act Numbered Four thousand one hundred fifty-five; and fifty per centum to the general fund of the National Government. SECTION 4. Imposition of additional tax on real property; disposition of proceeds. – There is hereby imposed an annual additional tax of one per centum on the assessed value of real property in addition to the real property tax regularly levied thereon under existing laws: Provided, That when the entire total assessed valuation of real property assessable to any one person is not in excess of three thousand pesos, the additional tax thereon shall not be collected: Provided, further , That the total real property tax shall not exceed a maximum of three per centum. Article three of Commonwealth Act Numbered Four hundred seventy and the pertinent provisions of the corresponding charters of chartered cities to t he contrary notwithstanding, the basic and the additional real property tax shall be due and payable in four equal installments; the first installment shall be due and payable on or before March 31; the second installment, on
or before June 30; the third installment, on or before September 30; and the last installment, on or before December 31. The assessment already made or to be made under Commonwealth Act Numbered Four hundred seventy and under other applicable laws shall constitute the basis for assessment and collection of the additional levy under this Act. It shall be collected by the municipal or city treasurer where the real property is situated and distributed as follows: A. Collections in the municipalities: (1) Fifty per cent shall be retained by the municipality; (2) Twenty per cent shall be remitted to the provincial treasurer of the province; and (3) Thirty per cent shall be remitted to the Treasurer of the Philippines to be expended exclusively for stabilizing the Special Education Fund in the municipalities, cities and provinces under Section seven of this Act. B. Collections in the cities; (1) Sixty per cent shall be retained by the city; and (2) Forty per cent shall be remitted to the Treasurer of the Philippines to be expended exclusively for stabilizing the Special Education Fund in municipalities, cities and provinces under Section seven of this Act.
SECTION 5. Creation of Local School Boards. – In every province, city or municipality, there shall be established a Provincial School Board, City School Board, or Municipal School Board, respectively, which shall be composed of the following: A. Provincial School Board: (1) Division Superintendent of Schools – Chairman (2) Representative of the Provincial Governor (3) Provincial Treasurer (4) The Representative of the Provincial Board to be chosen by the Board from among its members. (5) The President or the duly-elected representative of the League of Parents -Teachers Associations. B. City School Board: (1) City Superintendent of Schools – Chairman (2) Representative of the City Mayor (3) City Treasurer
(4) The Representative of the City Council chosen by the Council from among its members (5) The President or the duly-elected representative of the League of Parents -Teachers Associations. C. Municipal School Board: (1) District Supervisor – Chairman (2) Representative of the Municipal Mayor (3) Municipal Treasurer (4) The Representative of the Municipal Council chosen by the Council from among the members of the Council (5) The President or the duly-elected representative of the League of Parents -Teachers Associations.
The performance of the duties and responsibilities of the above-named persons once appointed or nominated shall not be delegated. SECTION 6. Functions of provincial, city or municipal school boards. – Provincial, city and municipal school boards shall have the following functions: (a) Determine, in accordance with the criteria set by the Bureau of Public Schools or by the Bureau of Vocational Education, as the case may be, and approved by the Secretary of Education, the annual budgetary needs for the operation and maintenance of public schools within the province, city or municipality and the cost of adequately meeting such needs which shall be prepared in the form of an annual school budget corresponding to their respective shares of the proceeds of the additional real property tax. (b) Apply to the Bureau of Public Schools or to the Bureau of Vocational Education, as the case may be, through the Division Superintendent of Schools or Superinte ndent of Vocational Education, for a share in the fund established under Section 4A (3) and 4B (2) hereof, which share, upon approval of the application therefor, shall be remitted to the provincial, city or municipal treasurer concerned. (c) Authorize the provincial, city or municipal treasurer as the case may be, to disburse funds from the provincial, city or municipal share in the Special Education Fund pursuant to the budget prepared under Section seven hereof and in accordance with the rules and regulations to be promulgated under Section ten of this Act; and (d) Discharge such other functions and duties as the Bureau of Public Schools or the Bureau of Vocational Education, as the case may be, may assign to them.
The chairman and members of the provincial, city or municipal school boards, shall perform their duties as such without compensation or remuneration: Provided, however , That members thereof who are not government officials shall be entitled to necessary travelling expenses chargeable against their corresponding funds. The boards shall meet at least once a month or
as often as the chairman or majority of the members shall convene t he same. Three shall form a quorum and the chairman must always be present when the special school budget is being prepared: Provided, That the affirmative vote of three shall be necessary to approve the budget. SECTION 7. Expenditure of the Special Education Fund. – Each school board shall prepare not later than August 15 each year the budget of receipts and expenditures for the ensuing fiscal year to carry out the purpose of this Act. Budgets prepared and approved in accordance with Republic Act Numbered Five thousand one hundred sixty-eight and other existing laws, administrative rules and regulations by provincial, city or municipal school boards shall be final and executory upon approval of the budget by the boards unless an appropriate appeal is taken within fifteen days from the date of the approval of the budget with the Director of Public Schools or the Director of the Bureau of Vocational Education, as the case may be, for final decision within thirty days upon receipt of the appeal under rules and regulations to be promulgated by the Secretary of Education. Any school need which cannot be covered by the budget of receipts and expenditures shall be forwarded to the Department of Education, through the Bureau of Public Schools or the Bureau of Vocational Education, as the case may be, together with the approved special budget for the ensuing fiscal year for its information. Expenditure of the share of the National Government out of t he Special Education Fund shall be in pursuance of appropriations made by the law which shall be included in the budgets of the Bureau of Public Schools and the Bureau of Vocational Education in the annual General Appropriations Acts: Provided, however , That in allocating the Fund corresponding to the National Government, the Department of Education shall follow a schedule of priorities starting with the municipalities, cities or provinces belonging to the lowest classification made by the Department of Finance under Section two thousand one hundred seventy-one of t he Revised Administrative Code, as amended by Section one of Republic Act Numbered Two thousand three hundred sixty-eight: Provided, finally, That starting with the fourth year from the approval of this Act, municipalities, cities and provinces enjoying priority shall continue to be entitled thereto provided their total collection from real estate taxes during the preceding three fiscal years shall have increased by an average of at least fifteen per cent. The collections accruing to the said Fund during the fiscal year ending June 30, 1969, are hereby appropriated to fund the appropriations from the general and bond funds for the Bureau of Public Schools and the Bureau of Vocational Education which cannot be programmed for expenditure for lack of funds: Provided, That the following sums are hereby appropriated strictly in accordance with the following schedule of priorities: (a) Twenty million pesos, or so much thereof as may be necessary, for the adjustment and payment of salaries of public school teachers under Republic Act Numbered Five thousand one hundred sixty-eight; (b) Five million pesos, or so much thereof as may be necessary, for the repair of school buildings and building accessories; (c) Five million pesos, or so much thereof as may be necessary, as aid t o barrio high schools;
(d) Two million pesos, or so much thereof as may be necessary, for the granting of government scholarships to poor but deserving students under Republic Act Numbered Four thousand ninety; (e) Four million pesos, or so much thereof as may be necessary, for the acquisition and establishment of an adequate printing plant to be used exclusively for the printing of textbooks, teaching materials and other printing needs of the Department of Education: Provided, That the operation and maintenance of the said printing plant shall be undertaken by the Bureau of Printing; (f) One million pesos, or so much thereof as may be necessary, for expenses in connection with the holding of the Bureau of Public Schools 1969 Int erscholastic Meet; and (g) Five hundred thousand pesos, or so much thereof as may be necessary, for education research, including that of the Board of National Education.
SECTION 8. Administrative provisions. – All administrative, special and general provisions of law, including those pertaining to the assessment, remission, collection, and refund of real property taxes not inconsistent with the provisions of this Act are made applicable in respect to the additional tax on real property. SECTION 9. Turnover of the collections; release of the Fund is ministerial. – The municipal or city treasurers concerned shall retain the shares of the municipal or city government and turn over the portions of their collections of the taxes and penalties mentioned in Section four hereof appertaining, as the case may be, to the provincial government and/or to the National Government to the respective treasurers thereof monthly within fifteen days of every succeeding month. No portion of the collections may be transferred or diverted t o the general or any of other fund of the National Government, provinces, cities or municipalities, or used or expended for any purpose other than those specified in this Act. It shall be the ministerial duty of the Budget Commissioner, the Treasurer of the Philippines, all municipal, provincial and city treasurers, as well as of the officials and employees under their supervision and control to effect releases from the Fund within fifteen days from receipt of the order and/or authorization by the Secretary of Education, in respect to the share of the National Government from the Fund, and by the municipal, city or provincial school boards, in respect to their respective shares from the Fund. SECTION 10. Rules and Regulations. – The Secretary of Education and the Secretary of Finance, upon the recommendation of the Director of Public Schools, the Director of Vocational Education and the Treasurer of the Philippines, as the case may be, shall promulgate all rules and regulations for the effective enforcement of the provisions of this Act pertaining to their respective jurisdictions, and shall cause the same to be published within fifteen days from promulgation, in three newspapers of general circulation in the Philippines and shall take effect as such, fifteen days after their publication. SECTION 11. Penal provision. – Any person who fails or refuses to turn over collections of the taxes and penalties mentioned in this Act within the period fixed in Section nine hereof, or who delays, obstructs, or prevents the same; or who fails or refuses to effect releases from the Fund within the period fixed in Section nine hereof, or who delays, obstructs or prevents t he same; or who orders, causes, or effects the transfer or diversion of the collections of this Fund or any por tion thereof,
shall be punished with a fine not exceeding ten thousand pesos or imprisonment not exceeding six years, or both, in the discretion of the court. If the offender is a government official or employee, he shall, in addition, be dismissed from th e service with prejudice to reinstatement and with disqualification for election or appointment to any public office. SECTION 12. Separability clause. – The provisions of this Act are hereby declared to be separable, and in the event any part, section or provision of this Act is held invalid or unconstitutional, no other part, section or provision thereof shall be affected thereby. SECTION 13. Repealing clause. – All Acts, parts of Acts, executive orders, ordinances, rules and regulations which are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly. SECTION 14. Effectivity. – This Act shall take effect on January first, nineteen hundred and sixtynine except the allocation under Section three which shall take effect upon approval of this Act. Approved, September 25, 1968.
REPUBLIC ACT NO. 6655 AN ACT ESTABLISHING AND PROVIDING FOR A FREE PUBLIC SECONDARY EDUCATION AND FOR OTHER PURPOSES
Section 1. Title. – This Act shall be known as the “Free Public Secondary Education Act of 1988.” Section 2. Declaration of Policy. – It is the policy of the State to provide for a free public secondary education to all qualified citizens and to promote quality education at all levels. Section 3. Definitions. – For purposes of this Act, the following terms shall mean: a) Free Public Secondary Education. – Means that the students enrolled in secondary course offerings in national high schools, general comprehensive high schools, trade, technical, vocational, fishery and agricultural schools, and in schools established, administered, maintained and funded by local government units, including city, provincial municipal and barangay high schools, and those public high schools which may be established by law, shall be free from payment of tuition and other schools fees; b) Tuition Fee. – Refers to the fee representing direct costs of i nstruction, training and other related activities and for the students‟ use of the instruction and training facilities; c) Other School Fees. – Refer to those fees which cover the other necessary costs supportive of instruction, including but not limited to medical and dental, athletic, library, laboratory and Citizens Army Training (CAT) fees.
However, fees elated to membership in the school community such as identification cards, student organizations and publications may be collected, provided that nonpayment to these fees shall not in any case be a bar to the enrollment or graduation of any student.
Section 4. Implementation of Free Public Secondary Education. – The system of free public secondary education as provided in this Act shall commence in School Year 1988-1989, and that the students enrolled in secondary course offerings in national and general comprehensive high schools, state colleges and universities, specialized schools, trade, technical, vocational, fishery and agricultural schools and in schools which may be established by law, shall be free from payment of tuition and other school fees, except fees related to membership in the school community such as identification cards, student organizations and publication which may be collected: provided, that nothing in this Act shall cause or authorize the reduction or removal of any benefit which the national or local government may have granted to the students, teachers and other school personnel of these public high schools prior to the enactment of this Act. Section 5. Formulation of a Secondary Education Curriculum. – The Department of Education, Culture and Sports shall formulate a secondary education curriculum in order to upgrade its quality, efficiency and access. In addition to providing the high school students with general skills, knowledge and values, such a curriculum must include vocational and technical courses that will give the students gainful employment. Section 6. Limitation. – The right of any student to avail of free public high school shall terminate if he fails for two (2) consecutive school years in the majority of the academic subjects in which he is enrolled during the course of his study unless such failure is due to some valid cause. Section 7. Nationalization of Public Secondary Schools. – To effectively implement the system, the establishment, renaming, conversion, integration, separation, administration, supervision and control of all public secondary schools and public secondary school teachers and other school personnel, including the payment of their salaries allowances and other fringe benefits as well as those already provided by local governments are hereby vested in the Department of Education, Culture and Sports. Section 8. Priority in Admission. – Graduates of public elementary schools in a municipality shall be given priority in admission when the present facilities in the same municipality cannot accommodate all of those applying for enrollment in the public high schools. Section 9. Implementing Rules and Regulations. – The Secretary of Education, Culture and Sports shall issue the necessary rules and regulations to implement this Act. Section 10. Funding. – The President is hereby authorized to realign or transfer any item of appropriation within the Department of Education, Culture and Sports. and/or utilize any savings therein to carry out the purposes of this Act. Whatever additional amount as may be needed for its implementation shall be included in the General Appropriations Acts for the ensuing fiscal years. Section 11. Repealing Clause. – All laws or parts thereof, inconsistent with any provision of this Act shall be deemed repealed or modified as the case may be. Section 12. Effectivity. – This Act shall take effect upon its approval. Approved, May 26, 1988.
REPUBLIC ACT NO. 6728 AN ACT PROVIDING GOVERNMENT ASSISTANCE TO STUDENTS AND TEACHERS IN PRIVATE EDUCATION, AND APPROPRIATING FUNDS THEREFOR
Section 1. Title. – This Act shall be known as the “Government Assistance To Students and Teachers In Private Education Act.”
Section 2. Declaration of Policy. – It is declared policy of the State in conformity with the mandate of the Constitution, to promote and make quality education accessible to all Filipino citizens. The State also hereby recognizes the complementary roles of public and private educational institutions in the educational system and the invaluable contribution that the private schools have made and will make to education. For these purposes, the State shall provide the mechanisms to improve quality in private education by maximizing the use of existing resources of private education, recognizing in the process the government responsibility to provide basic elementary and secondary education as having priority over its function to provide for higher education. Section 3. Criteria for Assistance. – The programs for assistance shall be based on a set of criteria which shall include, among others, tuition fees charged by the schools, the socio-economic needs of each region, overall performance of the schools, the academic qualifications and the financial needs of the students, as well as the geographic spread and size of student population. In addition to the foregoing criteria, within such reasonable time as the State Assistance Council may determine, student grantees under the Private Education Student Financial Assistance Program shall be enrolled in schools which have accredited programs or are applying for accreditation as determined by the Federation of Accrediting Agencies of the Philippines, namely: The Philippine Association of Accredited Schools, Colleges and Universities, the Association of Christian Schools and Colleges Accrediting Agency, and the Philippine Association of Colleges and Universities Commission on Accreditation. Preference shall be given to students whose family income is not more than thirty six t housand pesos (P36,000) or such amount as may be determined by the Council, as defined hereinafter. For purposes of this Act, programs of assistance to students of private post-secondary education shall likewise be extended to students of community colleges and students in non-degree programs including vocational and technical courses.mplementation of the program shall encourage students to undergo tertiary education in the same region where their families reside. The programs of assistance under this Act shall be extended only to students who are citizens of the Philippines. Section 4. Forms of Assistance. – Assistance to private education shall consist of: (1) Tuition fee supplements for students in private high schools, including students in vocational and technical courses;
(2) High School Textbook Assistance Fund: provided, that students in public schools shall be provided a comprehensive textbook program under t he Secondary Education Development Program (SEDP); (3) Expansion of the existing Educational Service Contracting (ESC) Scheme; (4) The voucher system of the Private Education Student Financial Assistance Program (PESFA); (5) Scholarship grants to students graduating as valedictorians and salutatorians from secondary schools; (6) Tuition fee supplements to students in private colleges and universities; (7) Education Loan Fund; and (8) College Faculty Development Fund.
Section 5. Tuition Fee Supplement for Students in Private High School. – (1) Financial assistance for tuition for students in private high schools shall be provided by the government through a voucher system in the following manner: (a) For students enrolled in schools charging less than one thousand five hundred pesos (P1,500) per year in tuition and other fees during school year 1988 -1989 or such amount in subsequent years as may be determined from time to time by the State Assistance Council: The Government shall provide them with a voucher equal to two hundred ninety pesos (P290.00): provided, that the student pays in the 1989-1990 school year, tuition and other fees equal to the tuition and other fees paid during the preceding academic year: provided, further, that the Government shall reimburse the vouchers from the schools concerned within sixty (60) days from the close of the registration period: provided, furthermore, that the student‟s family resides in the same city or province in which the high school is located unless the student has been enrolled in that school during the previous academic year. (b) For students enrolled in schools charging above one thousand five hundred pesos (P1,500) per year in tuition and other fees during t he school year 1988-1989 or such amount in subsequent years as may be determined from time to time by the State Assistance Council, no assistance for tuition fees shall be granted by the Government: provided, however, that the schools concerned may raise their tuition fees subject to Section 10 hereof.
(2) Assistance under paragraph (1), subparagraphs (a) and (b) shall be granted and tuition fees under subparagraph (c) may be increased, on the condition that seventy percent (70%) of the amount subsidized allotted for tuition fee or of the t uition fee increases shall go to the payment of salaries, wages, allowances and other benefits of teaching and non-teaching personnel except administrators who are principal stockholders of the school, and may be used to cover increases as provided for in the collective bargaining agreements existing or in force at the time when this Act is approved and made effective: provided, that government subsidies are not used directly for salaries of teachers of non-secular subjects. At least twenty percent (20%) shall go to the improvement or modernization of buildings, equipment, libraries, laboratories, gymnasia and similar facilities and to the payment of other costs of operation. For this purpose,
school shall maintain a separate record of accounts for all assistance received from the government, any tuition fee increase, and the detailed disposition and use thereof, which record shall be made available for periodic inspection as may be determined by the State Assistance Council, during business hours, by the faculty, the non-teaching personnel, students of the school concerned, the Department of Education, Culture and Sports and other concerned government agencies. Section 6. High School Textbook Assistance Fund. – There shall be established in the Department of Education, Culture and Sports (DECS) a High School Textbook Assistance Fund, so that an assistance on a per student basis shall be given to private schools charging less than one thousand five hundred pesos (P1,500.00) for 1988-1989 per year, or such amount in subsequent years as may be determined from time to time by the State Assistance Council, exclusively for the purchase of high school textbooks, in support of the implementation of the Secondary Education Development Program: provided, that such fund shall not be used for the purchase of books that will advance or inhibit sectarian interest: provided, further , that such textbooks are included in the list approved by the Department of Education, Culture and Sports. Section 7. Expansion of the Existing Educational Service Contracting ( ESC) Scheme. – (a) The Department of Education, Culture and Sports (DECS) shall continue to enter into contracts with private schools whereby the Government shall shoulder the tuition and other fees of excess students in public high schools who shall enroll under this program. It shall settle all outstanding obligations before contracting new obligations. (b) The Department shall also enter into contract with private schools in communities where there are no public high schools, in which case the Department shall shoulder the tuition and other fees of students who shall enroll in said private schools. The number of such schools assisted by the program will be increased every year such that all schools in this category will be assisted within four (4) years from the promulgation of this Act. (c) The amount of assistance to be given by the Government under this Section shall not exceed that determined as the per student cost in public high schools. (d) The Department shall fully pay the subsidized amount to participating schools not later than the end of the schoolyear, unless the delay incurred is attributable to the participating schools. (e) The amount of assistance shall be allocated and distributed among the fourteen (14) regions in proportion to the total population as well as the high school age population for the first school year:provided, that starting school year 1990, an equalization scheme shall be implemented by the State Assistance Council. Section 8. Assistance to College Freshmen. – (a) The Voucher System of Private Education Student Financial Assistance (PESFA) Program. The existing Private Education Student Financial Assistance (PESFA) Program which covers degree and vocational/technical courses shall be expanded so that a minimum of ten percent (10%) for the school year 1989, fifteen percent (15%) for the school year 1990, twenty percent (20%) for the school year 1991, twenty -five percent (25%) for the school year 1992 and thereafter, of all enrolling first year students can benefit from a full or partial scholarship, plus an allowance. Such financial assistance shall be granted to deserving underprivileged students, who shall be selected on the basis of family
income, geographic spread and results of competitive examinations to be given by the Department of Education, Culture and Sports to students in all secondary schools. The program shall be equitably allocated to provinces and cities in accordance with regional and national plans to priority courses as determined by the Department of Education, Culture and Sports in coordination with the National Economic Development Authority (NEDA). The priority courses shall be submitted to Congress at the start of this program and any changes thereon periodically. For purposes of this Act, an underprivileged student shall refer to a student whose annual gross income, if any, and that of the combined annual gross income of his parents do not exceed thirty-six thousand pesos (P36,000). (b) Tuition Waiver. – Private colleges and universities shall provide for full or half tuition waivers for five percent (5%) of the entering freshmen, which shall include among others, valedictorians and salutatorians of both public high schools and private high schools charging less than one thousand five hundred pesos (P1,500) per student per year as of school year 1988-1989, or such amount in subsequent years as may be determined by the State Assistance Council: provided, that those valedictorians and salutatorians meet admission tests and retention requirements of the schools concerned. For this purpose, the tuition rates for entering freshmen in all private schools and colleges may be determined by the school itself, after appropriate consultations with parents, students and the alumni of the school. For this purpose, audited financial statements shall be made available to authorized representatives of these sectors. (c) Allowance of Valedictorians. – Subject to rules and regulations as may be promulgated by the State Assistance Council, valedictorians referred to under subparagraph (b) above, may, in addition to tuition waivers granted by the school concerned, be entitled to such allowances from the government as are provided to PESFA grantees, provided they shall enroll in priority courses. (d) Allowance for other Honorees. – In case the graduating class is composed of more than two hundred and fifty students, all salutatorians and first honorable mention graduates thereof may also be entitled to the allowance granted to valedictorians under the preceding paragraph. Section 9. Further Assistance To Students in Private Colleges and Universities. – Tuition fee supplements for non-freshmen students of private colleges and universities in priority course programs determined by the Department of Education, Culture and Sports shall be provided by the government through a voucher system in the following manner: (a) For re-enrolling students in priority programs in schools, charging an effective per-unit tuition rate of eighty pesos (P80) or less per unit or such amount in subsequent years as may be determined by the State Assistance Council: The Government shall provide the student with a voucher with a value equivalent to the tuition fee incre ase: provided, that all schools in this category shall not be allowed to raise their fees by more than twelve pesos (P12.00) per unit, for both priority and non-priority courses; and provided, that such assistance shall be given only to students who have completed one academic year by June 1989 in priority programs and shall
not apply to future college students and to current college students who transfer outside of their region. (b) For students in schools charging an effective per unit t uition rate of more than eighty pesos (P80) per unit or such amount in subsequent years as may be determined from time to time by the Senate Assistance Council: The Government shall provide no assistance, and the schools can determine their own tuition rates, subject to Secti on 10 hereof: provided, that they grant full or half-tuition waivers to five percent (5%) of all their students. (c) Schools with accredited programs charging a tuition rate of less than eighty pesos (P80.00) per unit or such amount in subsequent years as may be determined from time to time by the State Assistance Council, may continue to determine tuition rates, subject to section 10 hereof , and non-freshmen students in their accredited priority courses will be entitled to a voucher equivalent to the tuition increase as in paragraph (a) hereof. (d) Government assistance and tuition increases as described in this Section shall be governed by the same conditions as provided under Section 5 (2).
Section 10. Consultation. – In any proposed increase in the rate of tuition fee, there shall be appropriate consultations conducted by the school administration with the duly organized parents and teachers associations and faculty associations with respect to secondary schools, and with students governments or councils, alumni and faculty associations with respect to colleges. For this purpose, audited financial statements shall be made available to authorized representatives of these sectors. Every effort shall be exerted to reconcile possible differences. In case of disagreement, the alumni association of the school or any other impartial body of their choosing shall act as arbitrator. Section 11. Education Loan Fund. – (a) “Study Now, Pay Later Plan”. There is hereby created a special fund to be known as the Students ‟ Loan Fund to be administered by the Department of Education, Culture and Sports, or upon delegation by the Department, by the Student Loan Fund Authority created under Republic Act No. 6014 which is hereby reinstituted pursuant to the terms of the same Republic Act which shall be used to finance educational loans to cover matriculation and other school fees and educational expenses for book, subsistence and board and lodging. (b) Amounts covering payments for tuition, matriculation and other school fees shall be paid directly to the school concerned. (c) Any loan granted under this Section shall be paid by the student -debtor after he has finished the course or profession for which the proceeds of the loan was expended, but only after a period of two (2) years from the time he has acquired an employment: provided, however , that interest at the rate of not more than twelve percent per annum shall accrue on the balance thereof. (d) Social Security Fund. The Social Security System Fund shall make available low interest educational loans to its members and to private educational institutions for school buildings and/or improvement of their plants and facilities.
Section 12. Limitation. – The right of any student to avail himself of the benefits under t his Act shall not apply: (a) If he fails for one (1) schoolyear in the majority of the academic subjects in which he has enrolled during the course of his study unless such failure is due to some valid cause beyond his control; and (b) If he enrolls for the first time, or transfers, outside of the region where he i s domiciled unless the course he wants to pursue is a pri ority course as determined by the Department of Education, Culture and Sports and is not offered in any private school in his region.
Section 13. College Faculty Development Fund. – For the purpose of improving the quality of teaching in higher education, there is hereby established in Department of Education, Culture and Sports a College Faculty Development Fund to provide for scholarships for graduate degrees and non-degree workshops or seminars for faculty members in private colleges and universities: provided, that faculty member recipients of such scholarships shall serve three (3) years return service for every year of scholarship availed of. The scholarship shall be in priority courses as determined by the Department of Education, Culture and Sports in coordination with the National Economic Development Authority (NEDA) and cannot be awarded to promote or inhibit sectarian purposes. Section 14. Program Administration/Rules and Regulations. – The State Assistance Council shall be responsible for policy guidance and direction, monitoring and evaluation of new and existing programs, and the promulgation of rules and regulations, while the Department of Education, Culture and Sports shall be responsible for the day to day administration and program implementation. Likewise, it may engage the services and support of any qualified government or private entity for its implementation. The State Assistance Council (SAC), hereinafter known as the Council, shall be headed by the Secretary of Education, Culture and Sports as chairman, with representatives from NEDA, DBM, DOST, and representatives from duly organized nationwide associations of teachers, students and school administrators as members. The last three (3) members shall be appointed by the President upon the recommendation of their respective sectors for a term of four (4) years. The Council shall meet, from time to time, as the need arises, to assess t he effectivity of the programs and to ensure that schools, colleges and universities where student recipients are enrolled continue to provide quality education. For this purpose, the Council shall establish criteria, including accreditation status, to determine which schools, colleges and universities may continue to enroll students who are recipients of government assistance under this Act. Section 15. Appropriations. – (a) The appropriations of the Department of Education, Culture and Sports authorized in General Appropriations Act for Fiscal Year 1989, Republic Act No. 6688, for A.7.d Implementation of programs for secondary education, A.7.e Implementation of programs for higher education, A.7.g Implementation of free secondary education shall be reduced as far as practicable on a proportionate basis by region to provide funds for the requirements of this Act in Fiscal Year 1989: provided, that savings from any other item of appropriation of the Department of Education, Culture and Sports may be utilized for the
implementation of this Act in Fiscal Year 1989: provided, further , that any deficiency shall be taken from any or all of the following sources: (1) Portions of the coconut levies authorized under Republic Act No. 620 and Presidential Decree No. 1468 and other laws earmarked to finance scholarships for the benefit of deserving children of the coconut farmers, and the income thereof: provided, that such funds shall be used exclusively for the program of assistance for said children including their books, board and lodging and other allowances in case these are not provided in a particular program of assistance; (2) Twenty percent (20%) of the travel tax and airport departure tax collections; (3) Ten percent (10%) of any funds collected by the Sugar Regulatory Administration or the Philippine Coconut Authority for students in provinces where they are collected; (4) Ten percent (10%) of the net income of the Development Bank of the Philippines; (5) Portions of the Overseas Welfare Fund to benefit the dependents or children of overseas workers; and (6) Any other lump sum appropriations or collections under the supervision and control of the Office of the President. Provided, finally, that the total amount made available to carry out the purposes of this Act shall
not exceed five hundred million pesos (P500M) for Fiscal Year 1989.Thereafter, such amount as may be necessary for its continued implementation shall be included in the annual General Appropriations Act. (b) The amount of assistance on a per student basis as determined under Section 5(a) and (b) and Section 9(a) of this Act shall remain the same for the subsequent years unlessCongress provides otherwise.
Section 16. Penalties. – In case of any violation of the provisions of this Act or the rules and regulations promulgated pursuant thereto by an institution, the Department of Education, Culture and Sports, upon the recommendation of the Council, may bar the institution from participating in or benefiting from the programs of this Act, and from other pr ograms of the Department, without prejudice to administrative and criminal charges as may be filed against the school and/or its responsible officers under existing laws. Any school who shall refuse, as required under paragraph (1) (c) of section 5, Section 8 (b) and Section 9 (b), to furnish copies of their audited financial statements to concerned sectors with whom they are having consultations prior to tuition fee increases, shall forfeit the right to increase their tuition fees, in addition to other penalties or sanctions as may be imposed under the preceding paragraph or by existing laws. Section 17. Repealing Clause. – All laws and decrees particularly Presidential Decree Nos. 932 and 1371 and such letters of instruction, rules and regulations or parts t hereof which are inconsistent with this Act are hereby repealed or modified accordingly.
Section 18. Separability Clause. – If any provision of this Act is declared unconstitutional, the same shall not affect the validity and effectivity of the oth er provisions not affected thereby. Section 19. Effectivity Clause. – This Act shall take effect immediately upon its publication in English in an English newspaper and in Filipino in a Filipino newspaper, both of general circulation. Approved, June 10, 1989. REPUBLIC ACT NO. 8545 AN ACT AMENDING REPUBLIC ACT NO. 6728, OTHERWISE KNOWN AS “AN ACT PROVIDING GOVERNMENT ASSISTANCE TO STUDENTS AND TEACHERS IN PRIVATE EDUCATION AND APPROPRIATING FUNDS THEREFOR,” ESTABLISHING A FUND FOR THE PURPOSE OF SUBSIDIZING SALARIES OF PRIVATE SCHOOL TEACHERS, AND APPROPRIATING FUNDS THEREFOR Section 1. Republic Act No. 6728, otherwise known as the “Government Assistance to Students and Teachers in Private Education Act,” is hereby amended to read as follows: “Section 1. Title. – This Act shall be known as the „Expanded Government Assistance to Students and Teachers in Private Education Act.‟ “Section 2. Declaration of Policy. – It is a declared policy of the State in conformity with the mandate of the Constitution, to promote and make quality education accessible to all Filipino citizens. The State also hereby recognizes the complementary roles of public and private educational institutions in the educational system and t he invaluable contribution that the private schools have made and will make to education. For these purposes, t he State shall provide the mechanisms to improve quality in private education by maximizing the use of existing resources of private education, recognizing in t he process the government‟s responsibility to provide basic elementary and secondary education, post-secondary vocational and technical education and higher education as having priority over its other functions. “Elementary education is the first six (6) years of basic education, excluding pre-school and grade seven, the completion of which is attested by a certificate issued by or with permission of the Department of Education, Culture and Sports. Secondary education is the next four (4) years of basic education, the completion of which is attested by a hi gh school diploma issued by or with permission of the Department of Education, Culture and Sports. “Post-secondary education may be education and training in non-degree vocational and technical courses offered in post-secondary vocational and technical institutions or education in degree courses offered by higher educational institutions, the completion of which are attested by a certificate or diploma issued by or with permission of the Technical Education and Skills Development Authority (TESDA) or the Commission on Higher Education (CHED), respectively. “Section 3. Criteria for Assistance. – The programs for assistance shall be based on a set of criteria which shall include, among others, tuition fees charged by the schools, the socioeconomic needs of each region giving priority to the Social Reform Agenda (SRA) provinces, overall performance of the schools, the academic qualifications and the financial
needs of the students and the teachers and the financial needs of the schools, as well as the geographic spread and size of student population. “In addition to the foregoing criteria, within such reasonable time as the respective State Assistance Council may determine, student grantees under the Private Education Student Financial Assistance Program shall be enrolled i n schools which have accredited programs or are applying for accreditation as may be recognized by the respective State Assistance Council. “Preference shall be given to students whose fa mily income is not more than Seventy-two thousand pesos (P72,000.00) or such amounts as may be determined by the respective councils, as defined hereinafter. “For purposes of this Act, programs of assistance to students and teachers of private post secondary vocational and technical institutions and higher educational institutions shall likewise be extended to students and teachers of community colleges in degree and non -degree programs. Implementation of the program shall encourage students to undergo post-secondary vocational and technical and higher education courses in the same region where their families reside. “The programs of assistance under thi s Act shall be extended only to students who are citizens of the Philippines. “The State Assistance Council, jointly with the Department of Education, Culture and Sports (DECS), the CHED and the TESDA shall formulate measurement standards for the evaluation of the quality of courses as well as the standing and status of the recipient institutions. “Within five (5) years from the approval of this Act, the assistance shall be given to schools:provided, that the present allocation of the tuition fee and other income of the schools shall be used at the same proportion and allocation as provided by law. “Section 4. Forms of Assistance. – Assistance to private education shall consist of assistance to students and assistance to teachers. “The following are forms of assistance to students in private education: “(1) Tuition fee supplements for students in private high schools, including students in vocational and technical courses; “(2) High School Textbook Assistance Fund: provided, that the textbook assistance per student in private high schools shall be determined by the council and shall not exceed what students in public high schools are provided on a per student basis under a comprehensive textbook program of the Secondary Education Development Program (SEDP): provided, further, t hat the textbook assistance shall be granted only to beneficiaries of tuition fee supplements and educational service contracting scheme provided in this Act; “(3) Expansion of the existing Educational Service Contracting (ESC) Scheme; “(4) The voucher system of the Private Education Student Financial Assistance Program (PESFA);
“(5) Scholarship grants to students graduating as valedictorians and salutatorians from secondary schools; “(6) Tuition fee supplements to students in private colleges and universities; and “(7) Education Loan Fund. “The following are forms of assistance to teachers and faculty in private education: “(1) In-service training fund for teachers in private high schools; and “(2) College Faculty Development Fund. “Section 5. Tuition Fee Supplements for Students in Private High Schools. – (1) Financial Assistance for tuition for students in private high schools shall be provided by the government through a voucher system in the following manner: “(a) For students enrolled in schools charging an amount as may be determined by the State Assistance Council, the government shall provide them with a voucher in such an amount as may be determined by the council: provided, that the government shall reimburse the vouchers from the schools concerned within one hundred twenty (120) days from the close of the registration period. “(2) Assistance under paragraph (1), subparagraph (a) shall be guaranteed to all private high schools participating in the program for a number of slots as of the effectivity of this Act as the total number of students who availed of tuition fee supplements for school year 19971998:provided, that the State Assistance Council may in subsequent years determine additional slots and/or additional participating high schools as may be deemed necessary. “Section 6. High School Textbook Assistance Fund. – There shall be established in the Department of Education, Culture and Sports (DECS), a High School Textbook Assistance Fund, so that assistance on a per student basis shall be given to students enrolled i n private schools exclusively for the purchase of high school textbooks, i n support of the implementation of the Secondary Education Development Program: provided, that the textbook assistance per student in private high schools shall be determined by the council and shall not exceed what students in public high schools are provided on a per student basis: provided, f urther, that the textbook assistance shall be granted only to beneficiaries of tuition fee supplements and educational service contracting scheme provided in this Act. “Section 7. Expansion of the Existing Educational Service Contracting (ESC) Scheme. – (a) The Department of Education, Culture and Sports (DECS) shall continue to enter into contracts with private schools whereby the government shall shoulder the tuition and other fees of high school students who shall enroll in private high schools under this program. “(b) The Department shall also enter into contracts with private schools in communities where there are no public high schools, in which case the Department shall shoulder the tuition and other fees of students who shall enroll in said private schools.
“(c) The amount of assistance to be given by the government under this section shall not exceed that determined as the per student cost in public high schools. “(d) The Department shall fully pay the subsidized amount to participating schools not later than one hundred eighty (180) days from the close of the registration period. “(e) The amount of assistance shall be allocated and distributed among the si xteen (16) regions in proportion to the total population as well as the hi gh school age population for the first school year:provided, that starting school year 1998, an equalization scheme shall be implemented by the State Assistance Council. “(f) The amount of assistance to private high schools participating in the program shall be guaranteed for a number of slots as of the effectivity of this Act as the number of students availing of educational service contracting assistance for school year 1997-1998: provided, that the State Assistance Council may, in subsequent years determine additional slots and/or additional participating private high schools as may be deemed necessary. “Section 8. Assistance to College Freshmen. – (a) The Voucher System of Private Education Student Financial Assistance (PESFA) Program. The existing Private Education Student Financial Assistance (PESFA) Program which covers degree and non-degree vocational/technical courses shall be expanded so that all qualified enrolling first year students can benefit from a scholarship, plus an allowance. Such financial assistance shall be granted to deserving underprivileged students, who shall be selected on the basis of family income, geographic spread and results of competitive examinations to be given by the CHED for degree courses and the TESDA for nondegree vocational/technical courses in all secondary schools in coordination with the DECS. The program shall be equitably allocated to provinces and cities in accordance with regional and national plans to priority courses as determined by the CHED and the TESDA. “For purposes of this Act, an underprivileged student shall refer to a student whose gross income, if any, and that of the combined annual gross income of his/her parents do not exceed Seventy-two thousand pesos (P72,000.00). “(b) Tuition Waiver. Private post-secondary vocational and technical institutions and higher educational institutions shall provide for full or half tuition waivers for five percent ( 5%) of the entering freshmen, which shall include among others, valedictorians and salutatorians of both public high schools and private high schools: provided, that those valedictorians and salutatorians meet admission tests of the schools concerned. “(c) Allowance for Valedictorians. Subject to rules and regulations as may be promulgated by the State Assistance Council, valedictorians referred to under subparagraph (b) above, may, in addition to tuition waivers granted by the school concerned, be entitled to such allowances from the government as are provided to PESFA grantees, provided they shall enroll in priority courses. “(d) Allowance for other Honorees. In case the graduating class is composed of more t han two hundred and fifty (250) students, all salutatorians and first honorable mention graduates thereof may also be entitled to the allowance granted to valedictorians under the preceding paragraph.
“Section 9. Further Assistance to Students in Private Colleges and Universities. – Tuition fee supplements for students of private post-secondary vocational and technical institutions and higher educational institutions enrolled in priority course programs determined by the TESDA and the CHED shall be provided by the government through a voucher system in the following manner: “For students in priority programs in schools charging an effective per unit tuition rate of such amount as may be determined by the State Assistance Council, the government shall provide the student with a voucher for the amount of tuition fee supplement determined by the State Assistance Council. “Government assistance and tuition increases as described in this section shall be governed by the same conditions as provided under section 5(2). “Section 10. Education Loan Fund. – (a) „Study Now, Pay Later Plan.‟ There is hereby created a special fund to be known as the Students‟ Loan Fund to be administered by the CHED and the TESDA or upon delegation by the CHED by the Student Loan Fund Authority created under Republic Act No. 6014 which is hereby reinstituted pursuant to the terms of the same Republic Act which shall be used to finance educational loans to cover matriculation and other school fees and educational expenses for book subsistence, and board and lodging. “(b) Amounts covering payments for tuition and other school fees shall be paid directly to the school concerned. “(c) Any loan granted under this section shall be paid by the student-debtor after he has finished the course or profession for which the proceeds of the loan was expended, but only after a period of two (2) years from the time he has acquired an employment: provided, however, t hat interest at the rate of not more than six percent (6%) per annum shall accrue on the balance thereof. “(d) Social Security Fund. The Social Security System shall m ake available low interest educational loans to its members and to private educational institutions for school buildings and/or improvement of their plants and facilities. Section 11. The right of any student to avail himself/herself of the benefits under this Act shall not apply if he/she fails for one (1) school year in the majority of the academic subjects in which he/she has enrolled during the course of hi s/her study unless such failure is due to some valid cause beyond his/her control. Section 12. In-service Training Fund (Inset Fund). – For the purpose of improving the quality of teaching in private secondary education, there is hereby established in the Department of Education, Culture and Sports an Inset Fund to provide for the upgrading of knowledge and teaching competencies in critical subject areas and for the modernization of teaching techniques and strategies, including training in the use of computers and of other m ulti-media educational technologies to assist instruction: provided, that the Inset Fund shall be available only to qualified licensed teachers in participating private high schools as determined by the State Assistance Council:provided, further, that the amount of Inset Fund available to private
secondary education shall not exceed that available to public secondary education on a per capita basis. Section 13. College Faculty Development Fund. – For the purpose of improving the quality of teaching in private post-secondary vocational and technical institutions and h igher educational institutions, there is hereby established in the TESDA and the CHED, a College Faculty Development Fund to provide for scholarships for graduate degree, degree and non -degree workshops or seminars for faculty members in private post-secondary vocational and technical institutions and higher educational institutions: provided, that faculty member recipients of such scholarships shall serve as many number of years return service for every year of scholarship availed of as may be determined by the State Assistance Council in conformity with prevailing National Economic and Development Authority (NEDA) policies on return service of government scholars. The scholarship shall be in priority courses as determined by the TESDA and the CHED and cannot be awarded to promote or inhibit sectarian purposes. Section 14. Teachers‟ Salary Subsidy Fund. – A Teachers‟ Salary Subsidy Fund is hereby established in the DECS to grant government subsidy to teachers in private high schools participating in the programs of assistance provided in this Act: provided, that the t otal monthly salary which includes the subsidy to be received by such private high school teachers shall not be more than eighty percent (80%) of the salary of his counterpart in the public sector: provided, further, that the amount of monthly subsidy shall not exceed the amount of any monthly salary increase that teachers in public high schools shall after the effectivity of this Act hereinafter receive: provided, further, that private high school teachers qualified to receive subsidy under this Act are duly licensed by the Professional Regulation Commission: provided, further, t hat the government shall provide them with a voucher for the salary subsidy which shall be reimbursed directly to the teachers within sixty (60) days after the close of the school year upon submission of proof of qualification and actual teaching service in a participating private high school: provided, further, that the present allocation out of increases from tuition and other income shall be maintained: provided, finally, that in case of insufficiency of funds, priority shall be given to married teachers supporting a family. Section 15. Program Administration/Rules and Regulations. – The State Assistance Council shall be responsible for policy guidance and direction, monitoring and evaluation of new and existing programs, and the promulgation of the rules and regulations, while the Department of Education, Culture and Sports, the TESDA and the CHED shall be responsible for the day to day administration and program implementation for the programs of assistance to private secondary education, post-secondary vocational and technical education and higher education, respectively. Likewise, it may engage the services and support of any qualified government or private entity for its implementation. The State Assistance Council, hereinafter known as the Council, shall be headed by the Secretary of Education, Culture and Sports as chairperson, the chairperson of the CHED and the director-general of the TESDA as co-chairpersons, with representatives from the National Economic and Development Authority, the Department of Budget and Management, the Department of Science and Technology, and representatives from duly organized nationwide associations of teachers, students, parents, and school administrators concerned with secondary, post-secondary vocational and technical education and higher education as
members. The last three (3) members shall be appointed by the Council upon the recommendation of their respective sectors for a term of one (1) school year subject to reappointment for a maximum term of four (4) school years. A representative each from the Committees on Education of both Houses of Congress shall be designated resource persons to the Council. The Council shall meet, from time to time, as the need arises, to assess the eff ectivity of the programs and to ensure that the secondary schools, post-secondary vocational and technical institutions and higher educational institutions where student recipients are enrolled continue to provide quality education. For this purpose, the Council shall establish criteria, to determine which secondary schools, post-secondary vocational and technical institutions and hi gher educational institutions may continue to enroll students and teachers/faculty as recipients of government assistance under this Act. Section 16. Appropriations. – The amount needed to implement these programs shall be provided for in the annual General Appropriations Act for the year 1998. The ap propriation of One billion pesos (P1,000,000,000.00) already appropriated under t he General Appropriations Act of 1998 shall be used for this purpose. All funds appropriated for this purpose shall be constituted as a trust fund to be administered by the State Assistance Council, which shall be directly and automatically released to the different regional offices of the DECS.”Section 17. Penalties. – In case of violations of the provisions of this Act or the rules and regulations promulgated pursuant thereto by an institution, the Department of Education, Culture and Sports, the TESDA and the CHED, upon the recommendation of the Council, may bar the institution from participating in or benefiting from the programs of this Act, and from other programs of the Department, without prejudice to administrative and criminal charges as may be filed against the school and/or its responsible officers under existing laws. Section 18. Repealing Clause. – All laws and decrees, particularly Presidential Decree Nos. 932 and 1371, and such letters of instructions, rules and regulations or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly. Section 19. Separability Clause. – If any provision of this Act is declared unconstitutional, the same shall not affect the validity and effectivity of the other provisions not affected thereby. Section 20. Effectivity Clause. – This Act shall take effect immediately upon its publication in English in an English newspaper and in Filipino in a Filipino newspaper, both of general circulation: provided,that the implementation of new programs of assistance provided in this Act shall be effective in the school year of the succeeding fiscal year within which the appropriations necessary to implement the new programs shall have been approved into law.”
Section 2. Effectivity Clause. – This Act shall take effect immediately upon its publication in English in an English newspaper and in Filipino in a Filipino newspaper, both of general circulation. Approved, February 24, 1998.
REPUBLIC ACT NO. 7687 AN ACT INSTITUTING A SCIENCE AND TECHNOLOGY SCHOLARSHIP PROGRAM AND OTHER PURPOSES
Section 1. Title. – This Act shall be known as the “Science and Technology Scholarship Act of 1994″.
Section 2. Statement of Policy. – Science and technology are essential for national development and progress. The State shall give priority to research and development, invention, innovation and their utilization; and to science and technology education, training and services. In line with the above, it is hereby declared the policy of the State to promote the development of the country‟s science and technology manpower in line with economic development and to
provide the capability required in the areas of research, development, innovation as well as their utilization. As such, it shall provide for scholarships, grants-in-aid, or other forms of incentives to deserving science students and other specially-gifted citizens to enable them to pursue higher education or training in areas of science and technology. Section 3. General Objectives. – To carry out the foregoing policy, this Act strengthens the country‟s science and technology manpower by creating a pool of scientists, engineers and
technicians who shall fill the needs of industrialization. Towards this end, scholarships shall be provided to finance the education of poor, talented and deserving students desiring to pursue a degree or training in areas of science and technology as are recognized or permitted by law. Section 4. Science and Technology Scholarship Fund. – There is hereby created a Science and Technology Scholarship Fund, hereinafter known as the Fund, to be administered by the Department of Science and Technology (DOST). Section 5. Appropriations. – The amount necessary to carry out the initial implementation of this Act, shall be charged against the current Fiscal Year Appropriations of the DOST.In order to provide funds necessary for the continuous implementation of the program for every year following its initial implementation, the budget of the DOST shall be increased in the amount of Sixty million pesos (P60M) per year until it eventually reaches the amount of Three hundred million pesos (P300M) to sustain the recipients of the scholarship during the duration of their s tudy. Section 6. Coverage. – The grant of any scholarship award from the Fund shall be applied only in the field of science, mathematics, engineering, and such other areas in the undergraduate or postgraduate courses as may be provided for in the rules and regulations to be promulgated by the DOST and the Department of Education, Culture and Sports (DECS): provided, however , that the scholarship grant for the postgraduate level shall not be limited to those scholars or recipients who are graduates of the undergraduate scholarship program. Section 7. Assistance to Grantees. – The grantee of the scholarship program under this Act is entitled to financial assistance which may include tuition and other school fees, outright grant for prescribed textbooks and essential school supplies, outright grant for prescribed military science and physical education uniform, transportation expenses and monthly living allowance: provided, however , that in the granting of financial assistance, the availability of
funds, purchasing power of the peso and rate of financial assistance given under other government scholarship programs must be considered. Section 8. Qualifications. – In order to qualify for the scholarship program, the applicant must be: a) a member of the top five percent (5%) of the high school graduating class, regardless of gender, religion, and cultural affiliation; b) a resident of the municipality for the last four (4) years prior to availing of the scholarship, as attested by the school records; and c) of good moral character and in good health.
Section 9. Value Formation Program. – The scholarship program under this Act shall be supported by appropriate courses for value formation of scholars that will inculcate in them the virtues of nationalism, industriousness, honesty, commitment to national development and an effective work ethic. Section 10. Distribution of Scholarship Slots. – The DOST in line with this Act shall provide for a proportional and equitable allotment of slots for identified fields of science and technology to attain a balanced distribution of manpower in terms of number and expertise. The DOST shall organize a program geared towards enlisting at least two (2) scholars in each municipality of the Philippines and at least ten (10) scholars for those congressional districts without municipality. Qualified members of the cultural minority in appropriate cases shall be given due preference. Section 11. Place of Study in the Country. – The recipient of the scholarship privileges under this Act shall be required to pursue their degree program and/or the vocational, technical, or other courses specified under this Act at any academic or training institutions duly accredited by the DECS and the DOST and in private schools accredited by Federation of Accrediting Agencies in the Philippines (FAAP).Refusal or failure to comply with this provision shall be ground for disqualification from the Program. Section 12. Place of Study Outside the Home Country. – The scholarship grant provided herein shall not be limited to studying only in any school in this country but would include scholars who can be granted the opportunity to study abroad in schools specializing in courses stated therein: provided, however , that a grantee who has qualified for study abroad must execute an undertaking binding himself to return to the country to fulfill h is service obligation on the basis of the length of his scholarship. The Department of Foreign Affairs is hereby directed to give full assistance in enforcing such undertaking. Section 13. Service Obligation. – Immediately upon completion of a Bachelor of Science course, a scholar shall serve the country on full-time basis only along his field of training for a minimum period equivalent to the length of time a scholar enjoyed the s cholarship by rendering service to his province or municipality by organizing technology-based livelihood activities or enterprises, teaching, or such other service related to the course or training he has completed, and, for this purpose, requiring the execution of a contract between the Government and the scholar incorporating the details of the said service obligation.
Any recipient of the program who has not completed his course shall render service to the country equivalent to the number of years he enjoyed the scholarship. For the purpose stated in paragraph 1 of this Section, government banks, financial institutions, and appropriate agencies shall provide priority access to credit, re search and development facilities, support programs and other assistance to graduate scholars under this Act where the same may be sound and viable. Any scholar who violates the service obligation imposed under this section shall be liable to reimburse the Government of the fund assistance received under this Act in full o r pro tanto as the case may be. Section 14. Post Scholarship Incentives. – In order to encourage graduates of the scholarship program under this Act to serve in fulfillment of their service obligation and entice them to continue to stay and serve in the country even beyond their service obligation, they shall be entitled to the following incentives: a) priority for job placement in the Government or in the private sector in positions appropriate to their area of education or training; b) grants-in-aid and access to government research facilities in the conduct of research and development projects and other service and technology activities; c) access to credit with liberal terms from government banks and financial institutions; d) payment of hardship and/or hazard allowance to those who are engaged in research and other science and technology activities that posed danger and caused hardship to their wellbeing; and e) travel and accident insurance coverage.
Section 15. Advisory Committee. – There is hereby created a committee composed of the Secretary of Science and Technology as Chairman, and the Secretaries or Heads of the following departments or agencies or their chosen representatives as members: Education, Culture and Sports; Budget and Management; Agriculture; Trade and Industry; Int erior and Local Government; Finance and the National Economic and Development Authority; and two (2) representatives from the private sector one (1) of whom shall come from the Philippine Chamber of Commerce and Industry and one (1) from other sectors. To ensure the effective coordination of the program, said body shall act in an advisory capacity in its implementation. Section 16. Implementing Body. – The scholarship program herein provided shall be directly implemented by the DOST through the Science Education Institute. Section 17. Rules and Regulations. – Within thirty (30) days from the approval of this Act, the DOST in joint collaboration with the DECS shall promulgate the necessary rules and regulations for the effective implementation of the provisions thereof.
