Republic of The Philippines

CENTRAL PHILIPPINES STATE UNIVERSITY

HINOBA-AN CAMPUS
Barangay Pook, Hinoba-an, Negros Occidental 6114
Website: www.cpsu.edu.ph
E-mail add: [email protected]/[email protected]
Contact no: 09173015565(Mobile);(034) 702-9903 (Landline)

GRADUATE SCHOOL___________________________________

SCHOOL LEGISLATION ( ED-

214 ) OUTPUT
PREPARED BY:

JERASEL L.
BATILLER
SUBMITTED TO:

RENATO P. CLARO
INSTRUCTOR
I. What is legislation?
Legislation is law which has been promulgated by a legislature or other governing body or the
process of making it. Before an item of legislation becomes law it may be known as a bill, and
may be broadly referred to as "legislation", while it remains under consideration to distinguish it
from other business.
Legislation, the preparing and enacting of laws by local, state, or national legislatures. In
other contexts it is sometimes used to apply to municipal ordinances and to the rules and
regulations of administrative agencies passed in the exercise of delegated legislative functions.

Legislation involves not only action by a legislative body, but also participation by
the executive. Concurrence by the executive is required to make legislation effective except where
the exercise of veto power is overridden by a sufficient majority of each house of the legislature.
Moreover, the role of the executive involves far more than mere acquiescence or dissent. As the
principal officer of state and as a political leader, the executive participates extensively in the
formulation of governmental policy and often in the actual preparation of legislation.
II. Types of Legislation

1. Bills

These are general measures, which if passed upon, may become laws. A bill is prefixed with
S., followed by a number assigned the measure based on the order in which it is introduced. The
vast majority of legislative proposals––recommendations dealing with the economy, increasing
penalties for certain crimes, regulation on commerce and trade, etc., are drafted in the form of
bills. They also include budgetary appropriation of the government and many others. When
passed by both chambers in identical form and signed by the President or repassed by Congress
over a presidential veto, they become laws.

2. Joint Resolutions

A joint resolution, like a bill, requires the approval of both houses and the signature of the
President. It has the force and effect of a law if approved. There is no real difference between a
bill and a joint resolution. The latter generally is used when dealing with a single item or issue,
such as a continuing or emergency appropriations bill. Joint resolutions are also used for
proposing amendments to the Constitution.

3. Concurrent Resolutions

A concurrent resolution is usually designated in the Senate as S. Ct. Res. It is used for matters
affecting the operations of both houses and must be passed in the same form by both of them.
However, they are not referred to the President for his signature, and they do not have the force
of law. Concurrent resolutions are used to fix the time of adjournment of a Congress and to
express the “sense of Congress” on an issue.

4. Simple Resolutions

It is usually designated with P. S. Res. A simple resolution deals with matters entirely within
the prerogative of one house of Congress, such as adopting or receiving its own rules. A simple
resolution is not considered by the other chamber and is not sent to the President for his
signature. Like a concurrent resolution, it has no effect and force of a law. Simple resolutions are
used occasionally to express the opinion of a single house on a current issue. Oftentimes, it is also
used to call for a congressional action on an issue affecting national interest.
III. Purpose of legislation
The purpose of Legislation is to make laws to improve people’s lives and keep us safe
(it doesn’t always work out that way). The purpose of regulations is basically to protect the public
from corporate overreach.
Legislation can have many purposes: to regulate, to authorize, to outlaw, to provide (funds), to
sanction, to grant, to declare or to restrict. It may be contrasted with a non-legislative act which is
adopted by an executive or administrative body under the authority of a legislative act or for
implementing a legislative act.
IV. What is school legislation?
School legislation is the term used to designate all the legal provisions that relate to the school
system as a whole. Specifically these include regulations on school system organisation
(structure and division), on school supervision and administration. School legislation also
includes regulations concerning legal relations between the parties involved in the school
relationship (specifically teachers, pupils and legal guardians), as well as compulsory education.
School legislation also covers topics such as data privacy in schools, legal information about
federal procurement (+ school procurement processes), and validation (recognition) of school
qualifications.
V. Importance of studying school legislation
1. Schools are simply as accountable and responsible as other businesses, and have to meet the
very same sort of regulations.
2. Compliance with appropriate education laws and government policies is vital, and a
knowledgeable education lawyer can make sure that your school or university isn't really breaking
any laws.
3. Your school will certainly be taking care of lots of suppliers, and will be buying lots of products
and services. Education law can also assist you make sure that the contracts you negotiate and
sign are legal, and in your best interests.

4. Sadly student discipline is becoming even more of an issue in modern education. It is important
that you know what you can and cannot do to discipline your students.

5. Charity law can likewise put on schools if they received donations or funding. By knowing the
best ways to take care of the paperwork and legal implications involved, you can ensure that you
remain on the best side of the law.

6. Estate management is another vital area of education. Maybe you are considering purchasing
or selling land for the school, or desire assistance when employing professionals.

7. Like in other sectors, it is very important to bear in mind that construction, planning and
ecological laws likewise put on schools too. If you’re in the process of having a brand-new wing
constructed, or wishing to make even more of your playing fields, you’ll have to make certain that
the strategies are legal.
8. Work law still uses in schools, so that you’ll have to see to it that all of your workers are treated
relatively so as not to breach employment laws.

9. When recruiting brand-new personnel, you may extra skills to be verified, or checks to be
carried out. An education lawyer will certainly have the ability to assist guarantee that your
recruitment procedure is up to date and legal.

10. Health and Safety problems and schools always seem to be in the news, and typically for the
wrong factors, so it’s important that your personnel understand exactly how lessons ought to be
carried out, cleaning need to be done, and how any other prospective threats can be identified
and decreased to minimize the risk of injury or condition to students and personnel.

IV. Legal bases of Philippine Eductional System

MAJOR LEGAL BASES

The Philippine Constitutions

1. 1935 CONST. Article XIV Section 5
2. 1973 CONST. Article XV Section 8 (1-8)
3. 1987 CONST. Article XIV Sections 1-5(5)

THE 1987 CONSTITUTIONS

Article XIV Sections 1-5(5)

Section 1. The state shall protect and promote the right of all the citizens to quality education at
all levels and shall take appropriate steps to make such education accessible to all.

Section 2. The state shall:

1. Establish, maintain and support a complete, adequate and integrated system of education
relevant to the needs of the people and society;
2. Establish and maintain s 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;
3. 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 underprivileged;
4. Encourage non- formal, informal and indigenous learning system, as well as self- learning
independent and out-of-school study programs particularly those that respond to
community needs; and
5. Provide adult citizens, the disabled and out-of-school youth with training in civics,
vocational efficiency and skills.

Section 3.

1. All educational institutions shall include the study of the Constitution as part of the
curricula.
 2. 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 citizenship, strengthen ethical and spiritual values,
develop moral character and personal discipline, encourage critical and creative thinking,
broaden scientific and technological knowledge and promote efficiency.
3. At the option expressed in writing by the parent or guardians, religion shall be allowed to
be taught to their children or wards in the 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, additional cost to the Government.

Section 4.

1. The state recognizes the complementary roles of the public and private institutions in the
educational system and shall exercise reasonable supervision and regulation of all
educational institutions.
2. Educational institutions, other than those established by religious groups and mission
boards, shall be allowed 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, require increased Filipino equity participation in all educational institutions.
The control and administration of educational institutions shall 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 subsection shall not apply to schools established for foreign diplomatic
personnel and their dependents and, unless otherwise provided by law, for other foreign
temporary residents.
3. 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, may likewise be entitled to such
exemptions subject to the limitations provided by law including restrictions on dividends
and provisions for reinvestment.
4. 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.

1. 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.
2. Academic freedom shall be enjoyed in all institutions of higher learning.
3. Every citizen has a right to select a profession or course of study, subject to fair,
reasonable and equitable admission and academic requirements.
4. The State shall enhance the right of teachers to professional advancement. Non- teaching
academic and non-academic personnel shall enjoy the protection of the State.
5. The State shall assign the 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.

BATAS PAMBANSA BLG. 232 (THE EDUCATION ACT OF 1982)

This was an act providing for the establishment and maintenance of an integrated system of
education. In accordance with Section 2, this act shall apply to and govern both formal and non-
formal system in public and private schools in all levels of the entire educational system.

As provided by this Act, the national development goals are as follows:

1. To achieve and maintain an accelerating rate of economic development and social

progress.
2. To assure the maximum participation of all the people in the attainment and enjoyment of
the benefits of such growth; and
3. To achieve and strengthen national unity and consciousness and preserve, develop and
promote desirable cultural, moral and spiritual values in changing world.

It is also stated in Section 3 that:

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 benefits of education by all its citizens.

RIGHTS OF STUDENTS IN SCHOOL (Section 9)

1. The right to receive competent instruction, relevant quality education.

2. The right to freely choose their field of study subject to the existing curricula and continue
their course up to graduation, except in cases of academic deficiency or violations of
disciplinary regulations.
3. The right to school guidance and counseling services.
4. The right to access to his owns school records and the confidentiality of it.
5. The right to issuance of official certificates, diplomas, transcript of records, grades, transfer
credentials and similar document within thirty days from request.
6. The right to publish a student newspaper and invite resource persons during symposia,
assemblies and other activities.
7. 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
institutions.
8. The right to form or establish, join and participate in organizations and societies recognized
by the school…, or to form, join and maintain organizations and societies for purposes not
contrary to law.
9. The right to be free from involuntary contributions except those approved by their
organizations and societies.

RIGHT OF ALL SCHOOL PERSONNEL (Section 10)

1. Free expression of opinions and suggestions.

2. To be provided with free legal service by the appropriate government office in case of
public school personnel and the school authorities concerned in case of private school
personnel, when charged in administrative, civil and/or criminal proceedings, by parties
other than the school authorities concerned, for actions committed directly in the lawful
discharged of professional duties and/or in defense of school policies.
3. Establish join, maintain labor organization of their choice to promote their welfare and
defend their interest.
 4. To be free from involuntary contributions except those imposed by their own organizations.

SPECIAL RIGHTS and/or PRIVILEGES OF TEACHING OR ACADEMIC STAFF (Section 11)

1. Right to be free compulsory assignment not related to their duties defined in their
appointment or employment contracts unless compensated thereof. (additional
compensation Sec. 14 R.A. 4670- at least 25% his regular remuneration)
2. Right to intellectual property………
3. Teachers are persons in authority when in lawful discharge of duties and responsibilities…
shall therefore be accorded due respect and protection (Commonwealth Act No. 578)
4. Teachers shall be given opportunity to choose career alternatives for advancements.
RIGHTS OF ADMINISTRATORS (Section 12)

1. School administrators shall be deemed persons in authority while in the lawful discharge of
their duties and responsibilities…. Shall be accorded due respect and protection
(Commonwealth Act No. 578)

RIGHTS OF SCHOOLS (Section 13)

1. The right of their governing boards…….to adopt and enforce administrative or management
systems.
2. The right of institutions of higher learning to determine on academic grounds who shall be
admitted to study, who may teach, and who shall be the subjects of the study and
research.

MAINTENANCE OF QUALITY EDUCATION

1. Voluntary Accreditation (Section 29)

2. Teachers and Administrators obligations and qualification (Sections 176 and 17)
3. Government Financial Assistance to Private Schools (Section 41)

OTHER LEGAL BASES

1. Act No. 74

This law was enacted on January 21, 1901 by the Philippine Commission, and provided:

a. establishment of the Department of Public Instruction headed by the General superintendent

b. the archipelago was divided into school divisions and districts for effective management of the
school system.
c. English was made as medium of instruction in all levels of schooling
d. optional religious instructions in all schools (Section 16)
e. establishment of a Trade school in Manila (Philippine College of Arts and Trade- PCAT now
known as Technological University of the Philippines), a school of Agriculture in Negros, a Normal
school in Manila (Philippine Normal School) (Section 18)
• Philippine Normal School, however, was renamed Philippine Normal College (PNC) by virtue of
Republic Act No. 416 on June 18, 1949. And on December 26, 1991, the PNC was converted to
Philippine Normal University as provided by Republic Act No. 7168.

2. Act No. 2706

This was known as the “Private School Law”, enacted on March 10, 1917 by the Philippine
Legislature, which made obligatory the recognition and inspection of private schools and colleges
by the Secretary of Public Instruction so as to maintain a standard of efficiency in all private
schools and colleges in the country.
This law was amended by Commonwealth Act No. 180 passed on November 13, 1936 which
provided that:
The Secretary of Public Instruction was vested with power to “supervise, inspect and regulate said
schools and colleges in order to determine the efficiency of instruction given in the same.”
And all private schools come under the supervision and regulation of the Secretary of DPI, thus
eliminating “diploma mills” and substandard schools.

3. Commonwealth Act No. 1 (Amended by R.A. 9163)

Known as the “National Defense Act” passed by the Philippine Assembly on December 21, 1935,
which provided in Section 81 that:

“Preparatory Military training shall be given with the youth in the elementary grade school at the
age of ten years and shall extend through the remainder of his schooling into college or post-
secondary education.

By virtue of Presidential Decree 1706, issued by the late President Marcos on August 8, 1980,
otherwise known as the “National Service Law”, Commonwealth Act No. 1 was amended, and
required all citizens to render, civic welfare service, law enforcement service and military service.

4. Commonwealth Act No. 80

This law created the Office of Adult Education on October 26, 1936, so as to eliminate illiteracy
and to give vocational and citizenship training to adult citizens of the country.

5. Commonwealth Act No. 578

Enacted on June 8, 1940, conferred the status of “persons in authority” upon the teachers,
professors, and persons charged with the supervision of public or duly recognized private schools,
colleges and universities.
This Act also provided a penalty of imprisonment ranging from six months and one day to six
years and a fine ranging from 500 to 1, 000 pesos upon any person found guilty of assault upon
those teaching personnel.

6. Commonwealth Act No. 586 (Repealed by R.A. 896)

This is known as Education Act of 1940. It was approved on August 7, 1940 by the Philippine
Assembly.

The law provided for the following:

a. reduction of seven- year elementary course to six- year elementary course.

b. fixing the school entrance age to seven.
c. national support of elementary education.
d. compulsory attendance in the primary grades for all children who enroll in Grade I.
e. introduction of double- single session- one class in the morning and another in the afternoon
under one teacher to accommodate more children.

7. Commonwealth Act No. 589

This law, approved on August 19, 1940, established a school ritual in all public and private
elementary and secondary schools in the Philippines.

The ritual consists of solemn and patriotic ceremonies that include the singing of the National
Anthem and Patriotic Pledges.

8. Republic Act No. 139 (Repealed by R. A. 8047)

Enacted on June 14, 1947, and the Board of Textbooks. This law provided that all public schools
must only use books that are approved by the Board for a period of six years from the date of
their adoption.
The private schools may use books of their choice, provided the Board of Textbooks has no
objections with those books.

9. Republic Act No. 896

Enacted on June 20, 1953 and known as the Elementary Education Act of 1953, it repealed
Commonwealth Act 586 and provided for the following:

a. restoration of Grade VII (but never implemented due to lack of funds)

b. abolition of the double- single session and return to the former practice of only one
c. class under one teacher in the primary and three teachers to two classes or five teachers to
three classes in the intermediate level
d. compulsory completion of the elementary grades
e. compulsory enrollment of children in the public schools upon attaining seven years of age.

10. Republic Act No. 1124 (Repealed by R. A. 7722)

Approved on June 16, 1954, this law created the Board of National Education charged with the
duty of formulating general educational policies and directing the educational interests of the
nation.

However, this Board which was later renamed National Board of Education (P.D. No. 1), was
abolished bu virtue of the Creation of the board of Higher Education as stipulated in Batas
Pambansa Blg. 232. The Board’s function is now assumed by the commission on Higher Education
or CHED by virtue of Republic Act No. 7722.

11. Republic Act No. 1265 (amended by R. A. 8491)

This law was approved on June 11, 1955, and provided that a daily flag ceremony shall be
compulsory in all educational institutions. This includes the singing of the Philippine National
Anthem.

12. Republic Act No. 1425

It was approved on June 12, 1956, it prescribed the inclusion in the curricula of all schools, both
public and private, from elementary schools to the universities, the life, works and writings of Jose
Rizal especially the Noli Me Tangere and El Filibusterismo.

13. Republic Act No. 4670

Known as the “Magna Carta for Public School Teachers”. This was approved on June 18, 1966 to
promote and improve the social and economic status of public school teachers, their living and
working conditions, their employment and career prospects.

It also provided the following:

1. Recruitment qualifications for teachers

2. Code of Professional Conduct for Teachers
3. Teaching hours- 6 hours of classroom teaching (maximum load)
4. Additional compensation- 25% of the regular remuneration
5. Health and injury benefits (thru the GSIS)
6. One year study leave (sabbatical leave) after seven years of continuous teaching, the
teacher should receive 60% of the monthly salary.
7. One range salary increase upon retirement (basis computing the retirement fee).
8. Freedom to form organizations.

14. Republic Act No. 1079

Approved on June 15, 1959, it provided that Civil Service eligibility shall be permanent and shall
have no time limit.

15. Republic Act No. 6655

Known as the “Free Public Secondary Education Act of 1988”, it was approved on May 26,
1988 and provided for:

a. Free public secondary education to all qualified citizens and promote quality education at all
level.
b. No tuition or other fees shall be collected except fees related to membership in the school
community such I.D., student organization and publication.
c. Non- payment of these shall not hinder a student from enrollment or graduation.
d. Nationalization of all public secondary schools ( Section 7)
e. A student who fails in majority of his academic subjects for two consecutive years could no
longer avail of their program.
A. THE PHILIPPINE CONSTITUTIONS

1.1935 Constitution Article XIV Section V

SECTION 5. All educational institutions shall be under the supervision of and subject to
regulation by the State. The Government shall establish and maintain a complete and adequate
system of public education, and shall provide at least free public primary instruction,and
citizenship training to adult citizens. All schools shall aim to developed moral character, personal
disipline, civic conscience, and vocational efficiency, and to teach the duties of citizenship.
Optional religious instruction shall be maintained in the public schools as now authorized by law.
Universities established by the State shall enjoy academic freedom. The State shall create
scholarships in arts, science, and letters far specially gifted citizens.
2.1973 Constitution Aticle XV Section 8 (1-8)

ARTICLE XV

GENERAL PROVISIONS

SECTION 1. The flag of the Philippines shall be red, white, and blue, with a sun and three stars,
as consecrated and honored by the people and recognized by law.

SEC. 2. The interim Batasang Pambansa may by law adopt a new name for the country, a national
anthem, and a national seal, which shall all be truly reflective and symbolic of the ideals, history,
and traditions of the people. Thereafter, the national name, anthem, and seal so adopted shall not
be subject to change except by constitutional amendment.

SEC. 3. (1) This Constitution shall be officially promulgated in English and in Pilipino, and
translated into each dialect spoken by over fifty thousand people, and into Spanish and Arabic. In
case of conflict, the English text shall prevail.

(2) The Batasang Pambansa shall take steps towards the development and formal adoption of a
common national language to be known as Filipino.

(3) Until otherwise provided by law, English and Pilipino shall be the official languages.

SEC. 4. All public officers and employees and members of the armed forces shall take an oath to
support and defend the Constitution.

SEC. 5. No elective or appointive public officer or employee shall receive additional or double
compensation unless specifically authorized by law, nor accept, without the consent of the
Batasang Pambansa, any present, emolument, office, or title of any kind from any foreign state.

SEC. 6. No salary or any form of emolument of any public officer or employee, including
constitutional officers, shall be exempt from payment of income tax.

SEC.7. (1) The ownership and management of mass media shall be limited to citizens of the
Philippines or to corporations or associations wholly owned and managed by such citizens.

(2) The governing body of every entity engaged in commercial telecommunications shall in all
cases be controlled by the citizens of the Philippines.
SEC. 8. (1) All educational institutions shall be under the supervision of, and subject to regulation
by, the State. The State shall establish and maintain a complete, adequate, and integrated system
of education relevant to the goals of national development.

(2) All institutions of higher learning shall enjoy academic freedom.

(3) The study of the Constitution shall be part of the curricula in all schools.

(4) 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.

(5) The State shall maintain a system of free public, elementary education and, in areas where
finances permit, establish and maintain a system of free public education at least up to the
secondary level.

(6) The State shall provide citizenship and vocational training to adult citizens and out-of-school
youth, and create and maintain scholarships for poor and deserving students.

(7) Educational institutions, other than those established by religious orders, mission boards, and
charitable organizations, shall be owned solely by citizens of the Philippines, or corporations or
association sixty per centum of the capital of which is owned by such citizens. 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 enrolment 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.

(8) At the option expressed in writing by the parents or guardians, and without cost to them and
the Government, religion shall be taught to their children or wards in public elementary and high
schools as may be provided by law.

3. 1987 Constitution Article XIV Section 5 (1-5)

Section 5. (1) 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.

(2) Academic freedom shall be enjoyed in all institutions of higher learning.

(3) Every citizen has a right to select a profession or course of study, subject to fair, reasonable,
and equitable admission and academic requirements.

(4) The State shall enhance the right of teachers to professional advancement. Non-teaching
academic and non-academic personnel shall enjoy the protection of the State.

(5) The State shall assign the 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.
VII. Batas Pambansa Blg. 232 (Education Act of 1982)

BATAS 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 of Basic State Policy and Objectives

Section 3. Declaration of Basic Policy - It is the policy of the State to established 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:

1. To achieve and maintain an accelerating rate of economic development and social

progress;

2. To ensure the maximum participation of all the people in the attainment and enjoyment
of the benefits of such growth; and

3. 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, interest 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 aim to:

1. Provide for a broad general education that will assist each individuals 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;

2. Train the nation's manpower in the middle-level skills for national development;

3. Develop the profession that will provide leadership for the nation in the advancement of
knowledge for improving the quality of human life; and

4. Respond effectively to changing needs and conditions of the nation through 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 be true goals and objectives of education be
fulfilled.

Moreover, the State shall:

1. Aid and support the natural right and duty of parents in the rearing of the youth through
the educational system.

2. Promote and safeguard the welfare and interest 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.

3. Promote the social economic status of all school personnel, uphold their rights, define
their obligations, and improve their living and working conditions and career prospects.

4. 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 groups
of persons as such or associated in institutions involved in organized teaching and learning
systems.
The members and elements of the educational community are:

1. "Parents" or guardians or the head of the institution or foster home which has custody of
the pupil or student.

2. "Students," or those enrolled in and who regularly attend and educational institution of
secondary or higher level of 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.

3 "School personnel," or all persons working for an educational institution, which includes
the following:

a. "Teaching or academic staff," or all persons engaged in actual teaching and/or

research assignments, either on full-time or part-time basis, in all levels of the
educational system.

b. "School administrators," or all persons occupying policy implementing positions

having to do with the functions of the school in all levels.

c. "Academic non-teaching personnel," or those persons holding some academic

qualifications and performing academic functions directly supportive of teaching,
such as registrars, librarians, research assistants, research aides, and similar staff.

d. "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.

4. "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 have the following rights:

1. 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 full cooperation of parents and teachers in the formulation and efficient implementation
of such programs.

2. The right to access to any official record directly relating to the children who are under
their parental responsibility.
Section 9. Right of Students in School - In addition to other rights, and subject to the limitation
prescribed by law and regulations, and student and pupils in all schools shall enjoy the following
rights:

1. The right to receive, primarily through competent instruction, relevant quality education
in line with national goals and conducive to their full development as person with human
dignity.

2. The right to freely chose 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.

3. The right to school guidance and counseling services for decisions and selecting the
alternatives in fields of work suited to his potentialities.

4. The right of access to his own school records, the confidentiality of which the school
shall maintain and preserve.

5. The right to the issuance of official certificates, diplomas, transcript of records, grades,
transfer credentials and other similar documents within thirty days from request.

6. 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.

7. The right to free expression of opinions and suggestions, and to effective channels of
communication with appropriate academic channels and administrative bodies of the school
or institution.

8. 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.

9. The right to be free from involuntary contributions, except those approved by their own
he 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:

1. 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.

2. 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.

3. 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.
 4. 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:

1. 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.

2. The right to intellectual property consistent with applicable laws.

3. 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.

4. 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 Administration  - 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 respect and protection.

Section 13. Rights of Schools - In addition to other rights provided for by law, schools shall enjoy
the following:

1. 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.

2. 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 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:

1. Parents, individually or collectively, through the school systems, shall help carry out the
educational objectives in accordance with national goals.

2. 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.

3. Parents shall cooperate with the school in the implementation of the school program
curricular and co-curricular.
Section 15. Duties and Responsibilities of Students - In addition to those provided for under
existing laws, every student shall:

1. 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.

2. 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.

3. Promote and maintain the peace and tranquility of the school by observing the rules and
discipline, and by exerting efforts to attain harmonious relationships with fellow students,
the teaching and academic staff and other school personnel.

4. 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.

5. 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. Teacher's Obligations - Every teacher shall:

1. Perform his duties to the school by discharging his responsibilities in accordance with the
philosophy, goals, and objectives of the school.

2. 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.

3. Render regular reports on performance of each student and to the latter and the latter's
parents and guardians with specific suggestions for improvement.

4. Assume the responsibility to maintain and sustain his professional growth and
advancement and maintain professionalism in his behavior at all times.

5. Refrain from making deductions in students' scholastic rating for acts that are clearly not
manifestations of poor scholarship.

6. 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:

1. Perform his duties to the school by discharging his responsibilities in accordance with the
philosophy, goals and objectives of the school.

2. Be accountable for the efficient and effective administration and management of the
school.

3. Develop and maintain a healthy school atmosphere conducive to the promotion and
preservation of academic freedom and effective teaching and learning, and to harmonious
and progressive school-personnel relationship.
 4. Assume and maintain professional behavior in his work and in dealing with students,
teachers, academic non-teaching personnel, administrative staff, and parents or guardians.

5. 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.

6. Observe due process, fairness, promptness, privacy, constructiveness and consistency in

disciplining his teachers and other personnel.

7. 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:

1. Improve himself professionally be keeping abreast of the latest trends and techniques in
his profession.

2. Assume, promote and maintain an atmosphere conducive to service and learning.

3. Promote and maintain an atmosphere conducive to service 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, in society's primary learning system, and therefore the main instrument for the
achievement of the country's educational goals and objectives.

Section 20. Definition - "Formal Educational" refers to the hierarchically structured and
chronologically graded learning organized and provided by the formal 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:

1. 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.

2. Secondary Education. - the state of formal education following the elementary level
concerned primarily with continuing basic education and expanding it to include the
learning of employable gainful skills, usually corresponding to four years of high school.

3. 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:
 1. 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;

2. To provide learning experiences which increase the child's awareness of and

responsiveness to the changes in and just demands of society and to prepare him for
constructive and effective involvement;

3. To promote and intensify the child's knowledge of, identification with, and love for the
nation and the people to which he belongs; and

4. To promote work experiences which develop the child's orientation to the world of work
and creativity and prepare himself to engage in honest and gainful work.

Section 22. Objectives of Secondary Education . - The objectives of secondary education are:

1. To continue to promote the objectives of elementary education; and

2. To discover and enhance the different aptitudes and interests of the students so as to
equip him with skills for productive endeavor and/or prepare him for tertiary schooling.

Section 23. Objective of Tertiary Education. - The objectives of tertiary education are:

1. To provide a general education program that will promote national identity, cultural
consciousness, moral integrity and spiritual vigor;

2. To train the nation's manpower in the skills required for national development;

3. To develop the professions that will provide leadership for the nation; and

4. 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-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:

1. "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 middle-level occupations.

2. "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

3. "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 formal school
system.

The objectives of non-formal education are as follows:

a. To eradicate illiteracy and raise the level of functional literacy of the population;

b. To provide unemployed and underemployed youth and adults with appropriate

vocational/technical skills to enable them to become more productive and effective
citizens; and

c. 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 or tertiary schools shall be by law: Provided, That any private school
proposed to be established must incorporate as an 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 defined as follows:

1. "Schools" are duly established institutions of learning or educational institutions.

2. "Public Schools" are educational institutions established and administered by the

government.

3. "Private Schools" are educational institutions maintained and administered by private

individuals or groups.

Section 27. Recognition of Schools - The educational operations of schools shall be subject to
their prior authorization of the government, and shall be affected by recognition. In the 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 case 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:

1. It transforms the temporary permit to a permanent authority to operate;

 2. It entitled the school or college to give the students who have completed the course for
which recognition is granted, a certificate, title or diploma; and

3. It shall entitle the students who have graduated from said recognized course or courses
to 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 institution which desire to meet standards of quality over and above minimum
required for State recognition.

CHAPTER 4
Internal Organization of Schools

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 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 as a tertiary institution
and every private school shall have a governing board pursuant to its charter or 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, dispute arising from employer-employee relations shall fall under the
jurisdiction of the Ministry of Labor and Employment as provided for by law 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 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
goals of education as declared in the Constitution. Towards this end, the government shall:

1. Adopt measures to broaden access to education through financial assistance and other
forms of incentives to schools, teachers, pupils and students; and
 2. Encourage and stimulate private support to education through, inter alia, fiscal and other
assistance measures.

A. FUNDING OF REPUBLIC SCHOOLS

Section 34. National Funds - Public school shall continue to be funded 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 Assistance to Public Secondary Schools  - The national government shall
extend financial aid and assistance to public secondary schools established 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 Decrees 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 institution 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
investment 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 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 this 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 of 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 per cent of the market value of
such property: Provided, That all the proceeds from the payment thereof shall accrue 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 donation 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 of library facilities,
and shall not inure to the benefit of any officer, director, official, or owner or owners of the
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 from 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 the 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 or 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 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:

1. Formulate general education objectives and policies, and adopt long-range educational
plans;

2. Plan, develop and implement programs and projects in education and culture;

3. Promulgate rules and regulations necessary for the administration, supervision and
regulation of the educational system in accordance with declared policy;

4. Set up general objectives for the school system;

5. Coordinate the activities and functions of the school system and the various cultural
agencies under it;

6. Coordinate and work with agencies concerned with the educational and cultural
development of the national cultural communities; and

7. Recommend and study legislation proposed for adoption.

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 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 personnel, 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 granted 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 of 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. Function of the Board of Higher Education. - The Board shall:

1. Make policy recommendations regarding the planning and management of the integrated
system of higher education and the continuing evaluation thereof.

2. 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.

3. Assist the Minister of Education, Culture and Sports in making recommendation relatives
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:

1. Conduct studies and formulate, develop, and evaluate programs and educational
standards for elementary education;

2. Undertake studies necessary for the preparation of prototype curricular designs,

instructional materials, and teacher training programs for elementary education; and

3. 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:

1. Conduct studies and formulate, develop and evaluate programs and educational
standards for secondary education;

2. Develop curricular designs, prepare instructional materials, and prepare and evaluate
programs to update the quality of the teaching and non-teaching staff at the secondary
level;
 3. Formulate guidelines to improve the secondary school physical plants and equipment,
and general management of these schools.

Section 64. Bureau of Technical and Vocational Education . - The Bureau shall perform the
following:

1. Collaborate with other agencies in the formulation of manpower plans;

2. Conduct studies, formulate, develop and evaluate post-secondary vocational-technical

programs and recommend educational standards for these programs;

3. 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:

1. Develop, formulate and evaluate programs, projects and educational standards for a
higher education;

2. Provide staff assistance to the Board of Higher Education in its policy formulation and
advisory functions;

3. Provide technical assistance to encourage institutional development programs and

projects;

4. Compile, analyze and evaluate data on higher education; and

5. 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:

1. Serve as a means of meeting the learning needs of those unable to avail themselves of
the educational services and programs of formal education;

2. Provide opportunities for the acquisition of skills necessary to enhance and ensure
continuing employability, efficiency, productivity, and competitiveness in the labor market;

3. 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:

1. 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;
 2. Implement education laws, policies, plans, programs, rules and regulations of the
Ministry or agency in the regional area;

3. Provide economical, efficient and effective education services to the people in the area.

V. MISCELLANEOUS PROVISIONS

CHAPTER 1
PENAL 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:

1. Mismanagement of school operations;

2. Gross inefficiency of the teaching or non-teaching personnel;

3. Fraud or deceit committed in connection with the application for Ministry permit or
recognition;

4. Failure to comply with conditions or obligations prescribed by this Code or its

implementing rules and regulations; and

5. 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 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 held invalid or
unconstitutional shall not affect its remaining parts of 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.

VII. ACT NO. 74

REPUBLIC ACT No. 74

An Act to Amend Act Numbered Twenty-Seven Hundred and Six as Amended by Act Numbered
Thirty Hundred and Seventy-Five and Commonwealth Act Numbered One Hundred and Eighty
Providing for Additional Expenses in the Supervision and Regulation of Private Schools, Colleges
and Universities and for a Revolving Fund for the Purchase and Sale of Textbooks to Private
School Students, and for Other Purposes

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

Section 1. There is hereby inserted a new section to be known as section eleven-A, between
sections eleven and twelve of Act Numbered Twenty-seven hundred and six, as amended by Act
Numbered Thirty hundred and seventy-five and Commonwealth Act Numbered One hundred and
eighty which shall read as follows:

"Sec. 11-A. The total annual expenses of the Office of Private Education shall be met by the
regular amount appropriated in the annual Appropriation Act: Provided, However, That for
additional expenses in the supervision and regulation of private schools, colleges and universities
and in the purchase of textbooks to be sold to students of said schools, colleges and universities
the President of the Philippines may authorize the Secretary of Instruction to levy an equitable
assessment from each private educational institution equivalent to one per cent of the total
amount accruing from tuition and other fees: Provided, further, That no new positions shall be
created by the Director of Private Education unless approved by the President of the Philippines
upon recommendation of the Secretary of Instruction, nor shall any textbook be purchased or sold
by the Director of Private Education unless the purchase price or price of resale shall have been
previously approved by the President of the Philippines upon recommendation of the Secretary of
Instruction. The Director of Private Education, with the approval of the Secretary of Instruction,
shall, by regulation, prescribe the form, manner, and time for levying and payment of the
assessment, and non-payment of the assessment herein provided by any private school, college
or university shall be sufficient cause for the cancellation by the Secretary of Instruction of the
permit or recognition granted to it."

Section 2. This Act shall take effect beginning the school year nineteen hundred and forty-six,
nineteen hundred forty-seven.

Approved: October 21, 1946.

IX. Act No. 2706

REPUBLIC ACT No. 2706

An Act Creating the Reforestation Administration

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

Section 1. A separate government agency in the Department of Agriculture and Natural
Resources to be known as Reforestation Administration is hereby created to take over the
functions of the existing Reclamation and Reforestation Division of the Bureau of Forestry.

Section 2. All reforestation funds collected pursuant to Republic Act Numbered One hundred
fifteen shall be turned over to the Administrator of the Reforestation Administration to be spent
exclusively for reforestation purposes, subject to the approval of the Secretary of Agriculture and
Natural Resources, and all areas reforested under this section shall be considered as permanent
forest reserves.

Section 3. The Secretary of Agriculture and Natural Resources shall, upon recommendation of
the Administrator of the Reforestation Administration, declare what areas are to be reforested and
placed under the management, administration and control of the Reforestation Administration and
that after the area or areas have been reforested, they shall not be declared agricultural lands.

Section 4. All personnel now actually performing productive reforestation work, including all
records, supplies, equipment, furniture, vehicles and existing buildings, improvements and other
facilities and properties in the various reforestation projects now in existence as well as in the
central office, Bureau of Forestry, Manila, are hereby transferred to the Reforestation
Administration.

Section 5. The Reforestation Administration shall have one Administrator to be known as the
Administrator of Reforestation Administration and one Deputy Administrator with the salary ranges
of 62 and 57, respectively, in accordance with the wage and position classification (WAPCO), and
who shall be appointed by the President of the Philippines with the consent of the Commission on
Appointments of the Congress of the Philippines. The Administrator of Reforestation
Administration shall, subject to the approval of the Secretary of Agriculture and Natural
Resources, organize its personnel into such divisions or sections as will insure the simplest
organization and maximum efficiency. The Administrator shall likewise organize branches in the
provinces which shall coordinate their work with the Bureau of Forestry. The Administrator of
Reforestation Administration shall possess the powers generally conferred upon bureau chiefs.

Section 6. For the current fiscal year, all appropriations under the current budget which pertain
to the Division of Reclamation and Reforestation of the Bureau of Forestry are hereby transferred
to the Reforestation Administration for the proper establishment and carrying out of the purposes
of this Act.

Section 7. All laws, orders and regulations inconsistent with this Act are hereby repealed.

Section 8. This Act shall take effect upon its approval.

Approved: June 18, 1960.

X. Commonwealth Act No. 1 ( Amended by RA 9163 )

Commonwealth Act No. 1

Title I
National Defense
Article PRELIMINARY
Title Of Act
Section 1
This Act shall be known as "The National Defense Act."
Article I
National Defense Policy
Section 2
The national defense policy of the Philippines shall be as follows:
a. The preservation of the State is the obligation of every citizen. The security of the
Philippines and the freedom, independence, and perpetual neutrality of the Philippine
Republic shall be guaranteed by the employment of all citizens, without distinction of age
or sex, and all resources.
b. The employment of the nation's citizens and resources for national defense shall be
effected by a national mobilization.
c. The national mobilization shall include the execution of all measures necessary to pass from
a peace to a war footing.
d. The civil authority shall always be supreme. The President of the Philippines as the
Commander-in-Chief of all military forces, shall be responsible that mobilization measures
are prepared at all times.
e. A national mobilization shall be ordered in any case of threatened or actual aggression.
f. The national defense organization shall be adapted as closely as possible to the territorial
and administrative organization of the Philippines.
g. The mobilization plans of financial, industrial, economic, social, intellectual, and moral
forces and resources of the Philippines shall conform to the provisions of the Constitution of
the Philippines and shall be prepared by the executive departments concerned in
accordance with the following general policies: (1) The respective responsibilities of the
several executive departments in mobilization planning will be prescribed by the President;
(2) forces and resources shall be employed so as to secure unity and continuity of effort
until the threatened or actual aggression to the Philippines has been overcome.
h. No profit incident to war shall accrue to any individual, corporation, association or
partnership.
XI. COMMONWEALTH ACT NO. 80

OMMONWEALTH ACT No. 80

AN ACT CREATING THE OFFICE OF ADULT EDUCATION, ENUMERATING ITS DUTIES,

DEFINING ITS OBJECTIVES, AND PROVIDING FUNDS FOR ITS OPERATION.

Be it enacted by the National Assembly of the Philippines:

Section 1. For the purpose of carrying out the provisions of the Constitution regarding adult
education, there is hereby created under the Department of Public Instruction 1 an office to be
known as the Office of Adult Education.

Section 2. This office shall:

(a) Initiate and conduct surveys to determine the extent and distribution of illiteracy among
adults;

(b) Enlist the interest and cooperation of organizations on adult education activities;
 (c) Prepare a comprehensive program for adult education work;

(d) Organize and supervise schools and classes for adults;

(e) Disseminate instructive cultural and vocational information;

(f) Secure lecturers, demonstrators, extension and follow-up workers for adult education;

(g) Train teachers and community organizers for adult education;

(h) Cooperate with the Bureaus of Education,2 Health, Science,3 Plant Industry,

Commerce4 and Labor in undertakings concerned with vocational training and the
improvements of living conditions;

(i) Cooperate with the Philippine Library Association for the establishment of public libraries
which can better serve the educational needs of adults;

(j) Prepare statistics and reports on its activities and the means for carrying out its
objectives.

Section 3. The objectives of adult education shall be to eliminate illiteracy and to give vocational
and citizenship training.

Section 4. The Chief of the Office of Adult Education shall be known as the Director of Adult
Education. He shall receive an annual compensation not exceeding five thousand pesos 5 to be
fixed by the President of the Commonwealth, and shall have subordinate personnel, whose
aggregate salaries, to be fixed by the Secretary of Public Instruction, 6 shall not exceed ten
thousand pesos per annum.

The Director of Adult Education shall be appointed by the President of the Philippines, with the
consent of the Commission on Appointments of the National Assembly, and the subordinate
personnel shall be appointed by the Director of Adult Education with the approval of the Secretary
of Public Instruction.7

Section 5. No salary shall be paid from the funds which may be appropriated by the National
Government for the promotion of adult education, to teachers or other persons engaged in adult
education work: Provided, however,That the Director of Adult Education 8 may, in his discretion,
authorize the payment of moderate allowances to persons who regularly hold classes from month
to month.

Section 6. Any amount which may be set aside by the National Assembly for this purpose shall
be spent mainly for the printing of charts, books, pamphlets and other school materials and for
defraying the travelling and other necessary expenses of persons who may engage in this work.

Section 7. For the purpose of carrying out the provisions of this Act, there is hereby appropriated
out of any funds of the Philippine Treasury not otherwise appropriated, the sum of one hundred
thousand pesos.

Section 8. The publications of the Office of Adult Education 9 such as charts, books, pamphlets,
circulars, diplomas and leaflets shall have free use of the mails.

Section 9. This Act shall take effect upon its approval.

Approved, October 26, 1936.

Footnote
1
 Now Department of Education and Culture.
2
 Now Bureau of Elementary Education.
3
 Now National Institute of Science and Technology.
4
 Now Bureau of Domestic Trade.
5
 Now P12,516.00 per annum per RA 5432.
6
 Now Secretary of Education and Culture.
7
 Office of Adult Education was converted into a division of the Bureau of Public Schools
under Executive Order No. 94 series of 1947.
8
 Now Chief of the Division of Adult Education.
9
 Now Division of Adult Education.

XII. COMMONWEALTH ACT NO. 578

COMMONWEALTH ACT NO. 578

COMMONWEALTH ACT NO. 578 - AN ACT TO AMEND ARTICLE ONE HUNDRED FIFTY-
TWO OF THE REVISED PENAL CODE, SO AS TO INCLUDE TEACHERS, PROFESSORS, AND
PERSONS CHARGED WITH THE SUPERVISION OF PUBLIC OR DULY RECOGNIZED
PRIVATE SCHOOLS, COLLEGES, AND UNIVERSITIES, WITHIN THE TERM "PERSONS IN
AUTHORITY"

Section 1. Article one hundred fifty-two of Act Numbered Three thousand eight hundred and
fifteen, known as the Revised Penal Code, is amended to read as follows:

"ARTICLE 152. Persons in authority. – Who shall be deemed as such. – In applying the provisions
of the preceding and other articles of this Code, any person directly vested with jurisdiction,
whether as an individual or as a member of some court or governmental corporation, board or
commission, shall be deemed a person in authority. 

"In applying the provisions of articles one hundred forty-eight and one hundred fifty-one of this
Code, teachers, professors, and persons charged with the supervision of public or duly recognized
private schools, colleges, and universities, shall be deemed persons in authority."

Section2. This Act shall take effect upon its approval.

Enacted, without Executive approval, June 8, 1940. Back to Main

XIII. COMMONWEALTH ACT NO. 586

Commonwealth Act No. 586

AN ACT TO PROVIDE FOR THE REVISION OF THE SYSTEM OF PUBLIC ELEMENTARY EDUCATION
IN THE PHILIPPINES INCLUDING THE FINANCING THEREOF.

Be it enacted by the National Assembly of the Philippines:

SECTION 1. This Act shall be known as the Educational Act of 1940.

SEC. 2. In order to meet the increasing demand for public elementary instruction and at die same
time comply with the constitutional mandate on public education, a complete revision of the public
elementary school system is imperative. Such a revision shall have the following objectives: (a) to
simplify, shorten, aid render more practical and economical both the primary and intermediate
courses of instruction so as to place the sane within the reach of the largest possible number of
school children; (b) to afford every child of school age adequate facilities to commence and
complete at least the primary course of instruction; (c) to give every child completing the primary
course an adequate working knowledge of reading and writing, the fundamentals of arithmetic,
geography, Philippine history and government, and character and civic training; and (d) to insure
that all children attending the elementary schools shall remain literate and become useful, upright
and patriotic citizens.

SEC. 3. The Department of Public Instruction shall forthwith make a revision of the elementary
school curriculum so as to effectuate the objectives set forth in section two of this Act, and
likewise so adjust the academic school year that the school vacations would coincide as much as
possible with the working seasons in the Philippines. The revised elementary school curriculum
once approved by the President of the Philippines shall be adopted in all the public schools as
soon as practicable but not later than the commencement of the school year 1941-1942.

SEC. 4. With the approval of the President of the Philippines, the retired age for admission to the
public elementary schools may be raised to not more than nine years and the length of time
required for the completion of the elementary instruction comprising both the primary and
intermediate courses reduced to not less than five years .Any increase that may be approved in
accordance with this section regarding the minimum age of school children shall not affect those
already enrolled before the school year 1940-1941.

SEC. 5. No child shall be admitted into the public elementary schools except on condition that he
shall remain in school until he shall have completed at least die primary course. Compulsory
atteidance as herein required may be waived in any one of the following cases: first, uiien the
distance from the home of the child to the nearest school exceeds three, kilometers and the said
school is not conveniently accessible to die child, considering the means of transportation
available; second, where such child is mentally defective or is physically unable to enter said
school, of which fart a certificate of a duly licensed physician should be sufficient evidence; third,
where on account of the economic condition of his parents, the child cannot afford to continue in
school; and fourth, when the child transfers to a private school.

The parents or guardians or those having control of children herein required to attend school who
fail to keep said children in school without justification as prescribed in this section shall be liable
to a fine of not less tha twenty nor more than fifty pesos.

SEC. 6. To accommodate all children qualified to attend the elementary schools as herein
provided, the Secretary of Public Instruction may, with the approval of the President, authorize
the holding of two or more complete single sessions a day, or adopt other measures calculated to
take care of the largest number of school children.

SEC. 7. Commencing with the school year 1940-1941. public elementary education (comprising
the primary and intermediate courses) shall be supported by the National fovemment: Provided,
That the chartered cities shall continue to support all the intermediate classes within their
respective jurisdictions, except that, with the approval of the President,. the National Government
may grant aid to such chartered cities as may not be financially able to provide fully for the
support of their intermediate schools or classes.

Sites for school houses, for primary and for intermediate classes, shall be acquired by the
municipalities, municipal districts, or chartered cities, as the case may be, through purchase or
conditional or absolute donation: Provided, That die Department of Public Instruction may, with
die approval of the President, of the Philippines, waive any requirement for the acquisition of
school sites of standard size whenever the same are not available.

Matriculation fees in an amount to be determined by the President, but not exceeding two pesos
for each pupil enrolled in the intermediate grades, may be collected in municipalities and
municipal districts, the proceeds thereof to accrue to the funds of the national Government to be
expended primarily for the purchase of library books and equipment, and for financing athletic
activities in the intermediate classes.

SEC. 8. To enable the National Government to properly finance the public elementary schools and
meet the burden of their operation as provided in this Act, from and after July first, nineteen
hundred and forty, the disposition of the proceeds of the taxes under Commonwealth Act
Numbered Four hundred and sixty-five, known as the Residence Tax Law, shall be as follows:

Of all the taxes collected and remitted to the Collector of Internal He venue as provided in section
eight of Commonwealth Act Numbered Four hundred and sixty-five, fifty per centum shall be
allotted in the following proportions by the said Collector arcnng the provinces, chartered cities,
municipalities, and municipal districts on the basis of population as shown by the latest official
census:

One-half to the genera] funds of the provinces. A subprovince shall receive its proportionate share
of the proceeds allotted to the province; and

The other half to the general funds of the chartered cities, municipalities, and municipal districts.

Out of the remaining fifty per centum of the proceeds of said taxes, chartered cities shall continue
to receive the corresponding diare in the school fund of cities, municipalities, and nunicipal
districts to which they under the provisions of law in force prior to Jraly first, nineteen hundred
and forty. The balance shall accrue to the National Government.

Similarly, the disposition of the proceeds mf certain taxes under Common weal th Act Numbered
Four hundred and sixty-six, known as the National Internal Revenue Code, as referred to in
sections three hundred and fifty-eight three hundred and sixty, and three hundred and sixty-three
thereof shall be as follows:

a. Three-sevenths of the proceeds of the internal revenue percentage taxes on agricultural

products prescribed in sections one hundred aid eighty-seven and one hundred and eighty-
eight as well as the taxes due from proprietors operators of rope factories, sugar centrals,
 rice mills, corn mills, coconut oil mills, and desiccated coconut factories prescribed in
section one hundred and said Code shall accrue to the provinces and the remaining four
sevenths shall accrue to the National Government. The apportionment of the provincial
allotment shall be based on population as shown by the latest official census.
b. Two and one-half per centum of the proceed of the tax on income shall accrue to the
provinces, the remainder shall accrue to tlie National Government.
c. Two and one-half per centum of the tax on estate, inheritance legacies, and other
acquisitions mortis causa as well as on gifts, shall accrue to the provinces, two and one-
half per centum shall accrue to the municipalities, and the remaining ninety-five per
centum shall accrue to the National Government. The proceeds accruing to the provinces
and municipalities shall be apportioned on the basis of population as show by the latest
official census.

Of the national internal revenue accruing to the National Treasury under section three hundred
and sixty-two of the National Internal Revenue Code, there shall be set apart ten per centum as
allotment to provinces, to the divided equally between their general and road and bridge
funds: Provided, however, That instead of ten per centum only nine per centum shall be set apart
as provincial, and road and bridge allotments, in the same proportion as specified herein, during
the fiscal year 1940-1941; and ten per centum during the fiscal years thereafter.

The foregoing modified allotments of the proceeds of certain taxes under Commonwealth Act
Numbered Four hundred and sixty-six, known as the National Internal Revenue Code, to the
contrary notwithstanding, chartered cities shall continue to receive the corresponding shares in
the municipal allotment to which they were en titled under the provisions of law in force prior to
July first, nineteen hundred and forty.

SEC. 9. Effective July first, nineteen hundred and forty, the school fond in all the municipalities
and municipal districts is disestablished and any amount therein remaining unexpended and
unobligated on the date of the approval of this Act shall part of the municipal general fund, and all
moneys hereto accruing to the municipal school by operation of law and not specifically
transferred to the National Government, shall, after June thirtieth, nineteen hundred and forty,
accrue to the municipal general fund. 

No tuition fees for intermediate instruction by municipalities and municipal districts shall be
collected. My tuition fees collected during the school year 1940-1941 for the maintenance of the
intermediate classes shall be returned to the respective contributors.

SEC. 10. Commonwealth Act Numbered Three hundred and eighty-one, section eight of
Commonwealth Act Numbered Four hundred and sixty-five, and sections three hundred and fifty-
eight, three hundred and sixty, and three hundred and sixty-three of Common wealth Act
Numbered Four hundred and sixty-six and so much of section three hundred and sixty-six of the
last mentioned Act, and of other Acts as are in conflict with the provisions of this Act, are
repealed.

SEC. 11. This Act shall take effect upon its approval.

Approved, August 7, 1940.

 XIV. COMMONWEALTH ACT NO. 589

An Act Establishing a School Ritual in all Public and Private Elementary and Secondary Schools

Commonwealth Act No. 589

National Assembly

19 August 1940

Be it enacted by the National Assembly of the Philippines:

SECTION 1. The Department of Public Instruction is authorized to prepare and prescribe a school
ritual which shall be observed in all public and private elementary and secondary schools in the
Philippines.

SECTION 2. The school ritual shall consist of solemn and patriotic ceremonies and shall mainly
include the singing of the Philippine National Hymn, and the recitation by the pupils or students
assembled of a patriotic pledge prepared by a committee provided for in this Act. The ceremonies
shall be held if the school or college premises as often as may be practicable under the direction
of the respective school or college authorities.

SECTION 3. The patriotic pledge shall be prepared by a committee composed of the Secretary of
Public Instruction as chairman, and the President of the University of the Philippines, the Director
of Education, and the Director of Private Education, as members. The patriotic pledge shall, before
its adoption, be approved by the President of the Philippines.

SECTION 4. This Act shall lake effect beginning with the school year nineteen hundred and forty-
nineteen hundred and forty-one.

Approved: August 19, 1940.

XV. RA NO. 139

REPUBLIC ACT No. 139

An Act to Amend Certain Sections of Act Numbered Twenty-Nine Hundred and Fifty-
Seven, Entitled “An Act Creating a Board to Have Charge of the Selection and Approval
of the Textbooks to be Used by the Colleges and Schools of the Government, and for
Other Purposes,” as Amended by Act Numbered Thirty-One Hundred and Eighty-Five,
Thirty-Four Hundred and Two, and Thirty-Seven Hundred and Seventy-Two

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:
Section 1. Section one of Act Numbered Twenty-nine hundred and fifty-seven, as amended by
Acts Numbered Thirty-one hundred and eighty-five, Thirty-four hundred and two, and Thirty-
seven hundred and seventy-two, is further amended to read as follows:

“Sec. 1. A board is hereby created which shall be known as the Board on Textbooks and shall
have charge of the selection and approval of textbooks to be used in the public schools. The
textbooks selected and approved shall be used for a period of at least six years from the date of
their adoption.

“The textbooks to be used in the private schools recognized or authorized by the Government
shall be submitted to the Board which shall have the power to prohibit the use of any of said
textbooks which it may find to be against the law or to offend the dignity and honor of the
Government and people of the Philippines, or which it may find to be against the general policies
of the Government, or which it may deem pedagogically unsuitable.

“Decisions of the Board on Textbooks shall be subject to the approval of the Secretary of
Instruction upon the recommendation of the National Council of Education.”

Section 2. Section two of Act Numbered Twenty-nine hundred and fifty-seven, as amended by
Act Numbered Thirty-seven hundred and seventy-two, is hereby further amended to read as
follows:

“Sec. 2. The Board of Textbooks shall be composed of five members to be appointed by the
President of the Philippines with the consent of the Commissioner of Appointments. The members
of the Board shall hold office for a period of six years, and shall serve without compensation. In
making the appointment of the first Board, one member shall be appointed for a period of two
years, two members for a period of four years, and two members for a period of six years. Every
two years the Board shall select a Chairman from among its members.

All members of said Board shall be citizens of the Philippines.

It shall be unlawful for the Board to consider for adoption or to adopt any treatise, textbook, or
manuscript in whose authorship, editorship, or preparation a member of the Board may have
direct or indirect interest: Provided, That this prohibition shall not apply to the deliberation of the
Board to consider for adoption or to adopt any treatise, textbook, or manuscript written by any
member thereof during the period of his incumbency, who shall not participate in said
deliberation: Provided, Further, That said treatise, textbook, or manuscript shall be turned over to
the Government which may undertake the printing and distribution thereof. It shall likewise be
unlawful for any member of the Board, during the period of his incumbency, to own, directly or
indirectly, any interest whatsoever in any firm, partnership, or corporation publishing or dealing in
school textbooks.”

Section 3. Section four of Act Numbered Twenty-nine hundred and fifty-seven is hereby
amended to read as follows:

“Sec. 4. For administrative purposes, the Board on Textbooks created by this Act shall be directly
under the Secretary of Instruction. The Chairman of the Board shall have authority, with the
approval of the Department Head, to obtain the technical assistance of officers and employees of
any department, bureau or office of the Government which may be considered necessary for the
proper performance of its duties. The Board shall, likewise, have a permanent secretary with
compensation at the rate of four thousand eight hundred pesos per annum, and such additional
employees as may be necessary.”
Section 4. For the purposes of carrying out the provisions of this Act, including the purchase of
the necessary equipment and supplies, there is hereby appropriated out of any funds in the
National Treasury not otherwise appropriated, the sum of ten thousand pesos for the current fiscal
year. Thereafter, a like amount shall be included in the annual General Appropriation Act to meet
the expenses herein authorized for the succeeding years.

Section 5. All acts or parts of acts inconsistent with the provisions hereof are hereby
repealed.1aшphi1

Section 6. This Act shall take effect upon its approval.

Approved: June 14, 1947.

XVI. RA NO. 896

 REPUBLIC ACT NO. 896

AN ACT TO DECLARE THE POLICY ON ELEMENTARY EDUCATION IN THE PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled: 

SECTION 1. This Act shall be known as the "Elementary Education Act of 1953." 

SEC. 2. In pursuance of the aim of all schools expressed in section five, Article XIV of the
Constitution, and as amplified by subsequent legislation, it shall be the main function of the
elementary school to develop healthy citizens of good moral character, equipped with the
knowledge, habits, and ideals needed for a happy and useful home and community life. 

SEC. 3. To put into effect the educational policy established by this Act, the Department of
Education is hereby authorized to revise the elementary-school system on the following basis: The
primary course shall be composed of four grades (Grades I to IV) and the intermediate course of
three grades (Grade V to VII). Pupils who are in the sixth grade of the time this Act goes into
effect will not be required to complete the seventh grade before being eligible to enroll in the first
year of the secondary school: Provided, That they shall be allowed to elect to enroll in Grade VII if
they so desire. 

SEC. 4. The Secretary of Education may, with the approval of the President, authorize, in the
primary grades, the holding of one class, morning and afternoon, under one teacher. In the
intermediate grades, classes may be authorized on the basis of two classes under three teachers
or of three classes under five teachers. Where there is not enough number of children to meet the
minimum requirements for organizing one-grade or two-grade combined classes, the Secretary of
Education may authorize the organization of classes with more than two grades each. 

SEC. 5. It shall be compulsory for every parent or guardian or other person having custody of any
child to enroll such child in a public school, the next school year following the seventh birthday of
such child, and such child shall remain in school until the completion of an elementary
education: Provided, however, That this compulsory attendance shall not be required in any of the
following cases: First, when the child enrolls in or transfers to a private school; Second, when the
distance from the home of the child to the nearest public school offering the grade to which he
belongs exceeds three kilometers or the said public school is not safely or conveniently accessible
to the child: Third, when such child is mentally or physically defective in which case a certificate of
a duly licensed physician or competent health worker shall be required; Fourth, when, on account
of indigence, the child cannot afford to be in school; Fifth, when the child cannot be
accommodated because of excess enrolment; and Sixth, when such child is being regularly
instructed by its parent or guardian or private tutor, if qualified to teach the several branches of
study required to be taught in the public schools, under conditions that will be prescribed by the
Secretary of Education. 

SEC. 6. There is hereby authorized to be appropriated out of any funds in the National Treasury
not otherwise appropriated, such sums as may be necessary to carry out the purposes of this Act. 

SEC. 7. All acts or parts of acts inconsistent with the provisions of this Act are hereby repealed. 

SEC. 8. This Act shall take effect upon its approval. 

Approved, June 20, 1953. 

XVII. ACT NO. 1124

REPUBLIC ACT No. 1124

An Act Creating a Board of National Education Charged with the Duty of Formulating
General Education Policies and Directing the Educational Interests of the Nation

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

Section 1. There is hereby created a Board of National Education which shall formulate,
implement and enforce general educational objectives and policies, coordinate the offerings,
activities and functions of all educational institutions in the country with a view to accomplishing
an integrated, nationalistic and democracy-inspired educational system in the Philippines.

Section 2. The Board of National Education shall be composed of fifteen members as follows:

(a) The Secretary of Education

(b) The Chairman of the Committee on Education in the Senate

(c) The Chairman of the Committee on Education in the House of Representatives

(d) The Director of Public Schools

(e) The Director of Private Schools

(f) The President of the University of the Philippines

(g) the Chairman of the United Nations Educational, Scientific, and Cultural Organization’s
National Commission of the Philippines.

(h) Eight other members who shall be appointed by the President of the Philippines, with
the consent of the Commission on Appointments, one from each of the following groups or
organizations:

1. Labor
 2. Industry or Management

3. Agriculture

4. National Catholic Educational Association

5. Mohammedan or other cultural minority

6. Philippine Association of Christian Schools

7. Philippine Association of Colleges and Universities

8. Teaching profession

These eight members shall serve for a period of four years: Provided, That, in the first
appointment, two members shall be appointed for one year, two or two years, two for three
years, and two for four years.

Section 3. The Secretary of Education or, in his absence, the Undersecretary of Education shall
act as Chairman of the Board. The Chairman and members of the Board shall serve in an honorary
capacity and shall receive no compensation or remuneration for their services as such, except that
they shall be paid traveling expenses to and from meetings of the Board that they attend.

Section 4. The Board shall have the following powers and functions:

(a) To formulate the objectives and basic policies of education for children and adults in
conformity with the philosophy and mandates of the Constitution.

(b) To coordinate the objectives, functions and activities of different types and kinds of
educational institutions in the Philippines.

(c) To set up general goals of accomplishments for the entire Philippine school systems, the
attainment of which shall be the objectives of the policies and functions of all educational
institutions in the country.

Section 5. It shall be the exclusive agency of the Government for the implementation of
educational policies and the direction of the educational interests of the nation, subject only to the
constitutional authority of the President of the Republic over executive departments, bureaus and
offices.

Section 6. The Chairman of the Board shall have the following duties and functions:

(a) To call meetings of the Board and preside over them.

(b) To execute or implement decisions of the Board, and to see to it that the educational
policies approved by the Board are duly complied with and followed by all schools.

(c) To perform all duties heretofore prescribed by law for the highest education officials of
the land that are not inconsistent with the provisions of this Act. 1âшphi1

(d) To perform such other duties as may be assigned by the Board.

Section 7. The Board shall appoint its Secretary and may request for the detail in its office of
such personnel as it may need from the Department of Education or any Bureau of Office under it.

Section 8. All acts, executive orders, administrative circulars or regulations inconsistent with the
provisions of this Act are hereby repealed.

Section 9. The sum of one hundred thousand pesos, or so much thereof as may be necessary to
carry out the purposes of this Act, is hereby authorized to be appropriated out of any funds in the
National Treasury not otherwise appropriated.

Section 10. This Act shall take effect upon its approval.

Approved: June 16, 1954.

XVIII. RA NO. 1425

REPUBLIC ACT No. 1425

An Act to Include in the Curricula of All Public and Private Schools, Colleges and
Universities Courses on the Life, Works and Writings of Jose Rizal, Particularly His
Novels Noli Me Tangere and El Filibusterismo, Authorizing the Printing and
Distribution Thereof, and for Other Purposes

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

WHEREAS, today, more than any other period of our history, there is a need for a re-dedication to
the ideals of freedom and nationalism for which our heroes lived and died;

WHEREAS, it is meet that in honoring them, particularly the national hero and patriot, Jose Rizal,
we remember with special fondness and devotion their lives and works that have shaped the
national character;

WHEREAS, the life, works and writing of Jose Rizal, particularly his novels Noli Me Tangere and El
Filibusterismo, are a constant and inspiring source of patriotism with which the minds of the
youth, especially during their formative and decisive years in school, should be suffused;

WHEREAS, all educational institutions are under the supervision of, and subject to regulation by
the State, and all schools are enjoined to develop moral character, personal discipline, civic
conscience and to teach the duties of citizenship; Now, therefore:

Section 1. Courses on the life, works and writings of Jose Rizal, particularly his novel Noli Me
Tangere and El Filibusterismo, shall be included in the curricula of all schools, colleges and
universities, public or private: Provided,That in the collegiate courses, the original or
unexpurgated editions of the Noli Me Tangere and El Filibusterismo of their English translation
shall be used as basic texts.

The Board of National Education is hereby authorized and directed to adopt forthwith measures to
implement and carry out the provisions of this Section, including the writing and printing of
appropriate primers, readers and textbooks.1awp++i1 The Board shall, within sixty (60) days
from the effectivity of this Act, promulgate rules and regulations, including those of disciplinary
nature, to carry out and enforce the provisions of this Act. The Board shall promulgate rules and
regulations providing for the exemption of students for reasons of religious belief stated in a
sworn written statement, from the requirement of the provision contained in the second part of
the first paragraph of this section; but not from taking the course provided for in the first part of
said paragraph. Said rules and regulations shall take effect thirty (30) days after their publication
in the Official Gazette.

Section 2. It shall be obligatory on all schools, colleges and universities to keep in their libraries
an adequate number of copies of the original and unexpurgated editions of the Noli Me Tangere
and El Filibusterismo, as well as of Rizal’s other works and biography. The said unexpurgated
editions of the Noli Me Tangere and El Filibusterismo or their translations in English as well as
other writings of Rizal shall be included in the list of approved books for required reading in all
public or private schools, colleges and universities.

The Board of National Education shall determine the adequacy of the number of books, depending
upon the enrollment of the school, college or university.

Section 3. The Board of National Education shall cause the translation of the Noli Me Tangere
and El Filibusterismo, as well as other writings of Jose Rizal into English, Tagalog and the principal
Philippine dialects; cause them to be printed in cheap, popular editions; and cause them to be
distributed, free of charge, to persons desiring to read them, through the Purok organizations and
Barrio Councils throughout the country.

Section 4. Nothing in this Act shall be construed as amendment or repealing section nine
hundred twenty-seven of the Administrative Code, prohibiting the discussion of religious doctrines
by public school teachers and other person engaged in any public school.

Section 5. The sum of three hundred thousand pesos is hereby authorized to be appropriated
out of any fund not otherwise appropriated in the National Treasury to carry out the purposes of
this Act.

Section 6. This Act shall take effect upon its approval.

Approved: June 12, 1956.

XIX. RA NO. 4670

REPUBLIC ACT No. 4670 June 18, 1966

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 the 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 teaching, 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 the 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 its 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 two 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, teachers 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 Conduct
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 the
pendency of his case.

Section 9. Administrative 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. 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. 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. 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. 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. 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.1âшphi1Education authorities shall refuse to allow the rendition of services of
teachers for other government agencies without the assurance that the teachers shall be paid the
remuneration provided for under this section.

Section 15. Criteria for Salaries. Teacher's salaries shall correspond to the following 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 the lowest and highest 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. 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. 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. 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 Secretary 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 allowances of teachers 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. 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. 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. 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 and 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 be reimbursed for their traveling expenses by the
government entity concerned in the first paragraph of this Section.

Section 23. Compensation For Injuries. Teachers shall be protected against the consequences of

employment injuries in accordance with existing laws. The effects 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. 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. 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 the 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 their 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 the proper school authorities, within school hours, and (c) to prevent
him from carrying out the 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 willfully 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

XX. RA NO. 1079

REPUBLIC ACT No. 1079

An Act Providing that Civil Service Eligibility Shall be Permanent

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

Section 1. Civil service eligibility shall be permanent and shall have no time limit.

Section 2. Any provision of law, rule or regulation which is inconsistent with the provisions of this
Act is repealed.£a⩊phi£

Section 3. This Act shall be retroactive so as to include persons whose civil service eligibility had
expired prior to its approval.

Section 4. This Act shall take effect upon its approval.

Approved: June 15, 1954.

XXI.RA NO. 6655

Republic Act No. 6655

Introduction
 The system of free public basic education has long been in existence in the Philippines.
Free and compulsory elementary education was established by the Malolos Constitution in 1899,
whereas free secondary education was formalized with the enactment of Republic Act No. 6655 in
1988.

Financing Education in the Philippines

            The Education department in the Philippines has the biggest share in the national budget.
The national government spends one-third of its total income to support the public education up
to SY 1970. However, by year 1980, decline on the national budget allocated for the Education
sector were observed with 12.1% and only 12.8% in 1992, 12% in SY 1994-1995 and 14% of the
national budget was allocated for the basic education, according to EdCom Report.

The sources of government income for education are the following:

 Taxes imposed by the law (import and export tax, income tax, real property tax, occupational
tax);
 Tuition fees collected from students;
 Matriculation fees (collected from public secondary school students, vocational school students,
and students from SUC in which 60% of it is spent for library books and 40% is allocated for
athletics;
 Miscellaneous fees (registration, entrance, library, athletic, laboratory, medical and dental fees
collected from students)
 Rental from lease of school sites (any part of a school site not used by the school) and sale of
school products (products from home economics, industrial arts or practical arts classes.
 Voluntary contributions (projects handled by the PTA)
 Land grants and donations (For instance, the University of the Philippines was granted a piece of
land in Zamboanga from which it derives a yearly income)

Financing Public Education

1. Elementary Education
·         The support for all elementary schools in municipalities and municipal districts (but only
primary classes in cities) was nationalized through Commonwealth Act No. 586 also known as
Educational Act of 1940.
·         Collection of matriculation fees was abolished by Republic Act No. 4007.
·         Of the national appropriation for elementary education, 95% goes to the payment of the
salaries of teachers and other school personnel.
·         Remaining 5% is spent for school supplies, textbooks, travels of school officials and other
expenses incidental to the normal functioning of the school.

2. Secondary Education
·         Maintained by the provincial, city, municipal or national government.
·         Major support comes from the collection of tuition and matriculation fees
·         Because of the inability of some local government to provide aid, secondary schools are
practically self-supporting.
·         Barrio high schools are financed by tuition fees.
·         Other barrio schools get their funds through R.A. 5447 (Special Education Fund Act) where the
government appropriated 5 million pesos as aid to barrio barangay high school and is a Special
Trust Fund administered by the Department of Education.
 Establishment of Republic Act 6655

Republic Act No. 6655 known as the Free Public Secondary Education Act of 1988
established and provided for a free public secondary education. Students enrolled in secondary
course offerings in the national high schools, general comprehensive high schools, state colleges
and universities, specialized 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 of public high schools
which may be established by law shall be free from payment of tuition and other school
fees. (Sec 3.a.)

However, fees related to membership in the school community as identification cards,

student organizations and publications may be collected, provided that non-payment of these
fees shall not, in any case, be a bar to the enrollment or graduation of any
student. (Sec 3.c.)

Implementation of R.A. 6655 (Sec 4)

•       Free public secondary education as provided in this Act shall commence in School Year 1988-
1989.
•       Students enrolled in secondary course offerings in the national high schools, general
comprehensive high schools, state colleges and universities, specialized 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 of public high schools which may be established by law shall be free from
payment of tuition and other school fees. (Sec 3.a.)
•       Fees related to membership in the school community as identification cards, student
organizations and publications may be collected. (Sec 3.c)
•       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.

Formulation of a Secondary Education Curriculum (Sec.5)

•       DECS shall formulate a secondary education curriculum in order to upgrade its quality,
efficiency and access
•       Vocational and technical courses that will give the students gainful employment. As such the
curriculum shall have the following features:
(1)  Cognitive, affective, manipulative based, i.e. humanities, science and technology shall form the
cognitive dimension; moral, spiritual, social, political, aesthetic and work values, the affective
dimension; and work skills, the psychomotor dimension;
(2)  Consists of core subjects;
(3)  Includes the study of the Constitution;
(4)  Adheres to the bilingual policy. 
(DepEd Order 44 s.1988)

Limitation (Sec. 6)
 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 unless such failure is due to
some valid cause.

(1) Failure in one (1) 100 minutes and one (1) 300 minutes a week yearly subjects or three (3)
180 minutes or two (2) 300 minutes a week yearly subjects means failure in that curricular year.

(2) "Due to some valid cause" means that the circumstances for such failures may be attributed to
reasons beyond the students’ control, such as illness, family instability, or environmental
disturbances.
(DepEd Order 44, s.1988)

Priority in Admission (Sec. 8)

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.

Implementing Rules and Regulations (Sec. 9)

The Secretary of Education, Culture and Sports shall issue the necessary rules and regulations to
implement this Act

Funding (Sec. 10)

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.

General Appropriations Acts (GAA) – one of the laws passed by the Congress that refers to
the national budget of the Philippines. It tells how taxes, fees, and levies are collected, where
it is deposited, how funds are allocated and released, etc. But as a development tool, the real
value of the GAA rests on how the money of the taxpayers is allocated across the thousand and
one needs of the people. (The Freeman, Aug. 29, 2013)

Effectivity (Sec.12)
Approved: May 26, 1988
School year implementation: SY 1988-1989

XXII. RA NO. 9155

REPUBLIC OF THE PHILIPPINES

CONGRESS OF THE PHILIPPINES

THIRD REGULAR SESSION

Republic Act No. 9155

 AN ACT INSTITUTING A FRAMEWORK 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

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

SECTION 1. Short Title. – This Act shall be known as the “Governance of Basic Education Act of
2001.”

SEC. 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, self- 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 the 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.

SEC. 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 most 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 kind 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 reflect 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.

Sec. 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 non-formal 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 childhood,
elementary and high school education as well as alternative learning systems for 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 Schools – is a school that offers a complete basic education in one school site and
has unified instructional programs;

(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 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 the 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 cyber site; 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

Sec. 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;

Sec. 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.

Sec. 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 the 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 benchmarking for
international competitiveness;

(4)   Monitoring, evaluating and assessing regional learning outcomes;

(5)   Undertaking research projects and developing and managing regionwide projects which may
be funded through official development assistance and/or other funding 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 regional 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 divisions 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)   Performing such other functions as may 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 for 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 division. Schools districts already existing at
the time of the passage of this 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 team with the school
teachers/learning facilitators for delivery of quality educational programs, projects and services. A
core of non-teaching 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 the 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 outcomes;

(7)   Administering and managing all personnel, physical and fiscal resources of the school;

(8)   Recommending the staffing complement of the school based on its needs;

(9)   Encouraging staff development;

(10)   Establishing school and community networks and encouraging the active participation of
teachers organizations, non-academic personnel of public schools, and parents-teachers-
community associations;

(11)   Accepting donations, gifts, bequests and grants for the purpose of upgrading
teachers’/learning facilitators’ competencies, improving and expanding school facilities 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 may 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 division 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 the 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, Record
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 the 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

Sec. 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

Sec. 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 teaching 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 released immediately by the
Department of Budget and Management to said offices.

Sec. 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.

Sec. 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
Sec. 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.'”

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 17. Effectivity Clause. – This Act shall take effect fifteen (15) days following its publication in
at least two (2) newspapers of general circulation.

Lapsed into law on August 11, 2001 without the President’s signature, pursuant to Sec. 27(1),
Article VI of the Constitution.

XXIII. RA NO. 10533

IMPLEMENTING RULES AND REGULATIONS

OF THE ENHANCED BASIC EDUCATION ACT OF 2013

(REPUBLIC ACT NO. 10533)

Pursuant to Section 16 of Republic Act No. 10533, entitled “An Act Enhancing the Philippine Basic
Education System by Strengthening Its Curriculum and Increasing the Number of Years for Basic
Education, Appropriating Funds Therefor and for Other Purposes,”  otherwise known as
the “Enhanced Basic Education Act of 2013,” approved on May 15, 2013, and which took effect on
June 8, 2013, the Department of Education (DepEd), the Commission on Higher Education
(CHED), and the Technical Education and Skills Development Authority (TESDA), hereby issue the
following rules and regulations to implement the provisions of the Act.

RULE I. GENERAL PROVISIONS

Section 1. Title. These rules and regulations shall be referred to as the Implementing Rules and
Regulations (IRR) of the “Enhanced Basic Education Act of 2013” (Republic Act No. 10533).

Section 2. Scope and Application. The provisions of this IRR shall primarily apply to all public
and private basic educational institutions and learning centers. This IRR shall also apply to Higher
Education Institutions (HEIs), Technical-Vocational Institutions (TVIs), duly recognized
organizations acting as Teacher Education Institutions (TEIs), and foundations.

Section 3. Declaration of Policy. This IRR shall be interpreted in light of the Declaration of

Policy found in Section 2 of the Act.

Section 4. Definition of Terms. For purposes of this IRR, the following terms shall mean or be
understood as follows:

(a) Act refers to Republic Act No. 10533, entitled “An Act Enhancing the Philippine Basic
Education System by Strengthening Its Curriculum and Increasing the Number of Years for Basic
Education, Appropriating Funds Therefor and for Other Purposes,” otherwise known as the
“Enhanced Basic Education Act of 2013.”

(b) Learning Center refers to 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
activities and other learning opportunities for community development and improvement of the
people’s quality of life. This may also be referred to as “ Community Learning Center” authorized or
recognized by the DepEd.

(c) Learner refers to a pupil or student, or to a learner in the alternative learning system.

(d) Mother Language or First Language (L1)  refers to the language or languages first
learned by a child, which he/she identifies with, is identified as a native language user of by
others, which he/she knows best, or uses most. This includes Filipino sign language used by
individuals with pertinent disabilities.  The regional or native language refers to the traditional
speech variety or variety of Filipino sign language existing in a region, area or place.

(e) Non-DepEd Public School refers to a public school offering basic education operated by an

agency of the national government other than the DepEd, or by a local government unit.

Section 5. Basic Education. Pursuant to Section 3 of the Act, basic education is intended to

meet basic learning needs which provides the foundation on which subsequent learning can be
based. It encompasses kindergarten, elementary, and secondary education as well as alternative
learning systems for out-of-school learners and those with special needs under Section 8 of this
IRR.

Section 6. Enhanced Basic Education Program. For purposes of this IRR and pursuant to
Section 4 of the Act, the enhanced basic education program encompasses at least one (1) year of
kindergarten education, six (6) years of elementary education, and six (6) years of secondary
education, in that sequence. Secondary education includes four (4) years of junior high school and
two (2) years of senior high school education. The enhanced basic education program may
likewise be delivered through the alternative learning system.

Kindergarten Education is the first stage of compulsory and mandatory formal education which
consists of one (1) year of preparatory education for children at least five (5) years old as a
prerequisite for Grade 1.

Elementary Education refers to the second stage of compulsory basic education which is

composed of six (6) years. The entrant age to this level is typically six (6) years old.

Secondary Education refers to the third stage of compulsory basic education. It consists of four
(4) years of junior high school education and two (2) years of senior high school education. The
entrant age to the junior and senior high school levels are typically twelve (12) and sixteen (16)
years old, respectively.

The DepEd may allow private educational institutions flexibility in adopting the program provided
that they comply with the DepEd-prescribed minimum standards consistent with the Act.

Section 7. Compulsory Basic Education. It shall be compulsory for every parent or guardian
or other persons having custody of a child to enroll such child in basic education, irrespective of
learning delivery modes and systems, until its completion, as provided for by existing laws, rules
and regulations.

Section 8. Inclusiveness of Enhanced Basic Education. In furtherance of Section 3 of the

Act, inclusiveness of enhanced basic education shall mean the implementation of programs
designed to address the physical, intellectual, psychosocial, and cultural needs of learners, which
shall include, but shall not be limited to, the following:

8.1. Programs for the Gifted and Talented. These shall refer to comprehensive programs for
the gifted and talented learners in all levels of basic education.

8.2. Programs for Learners with Disabilities. These shall refer to the comprehensive

programs designed for learners with disabilities which may be home-, school-, center- or
community-based.

8.3. Madrasah Program. This shall refer to the comprehensive program using the Madrasah
curriculum prescribed by the DepEd, in coordination with the Commission on Muslim Filipinos, for
Muslim learners in public and private schools.

8.4. Indigenous Peoples (IP) Education Program. This shall refer to the program that
supports education initiatives undertaken through formal, non-formal, and informal modalities
with emphasis on any of, but not limited to, the key areas of: Indigenous Knowledge Systems and
Practices and community history; indigenous languages; Indigenous Learning System (ILS) and
community life cycle-based curriculum and assessment; educational goals, aspirations, and
competencies specific to the Indigenous Cultural Community (ICC); engagement of elders and
other community members in the teaching-learning process, assessment, and management of the
initiative, recognition and continuing practice of the community’s ILS; and the rights and
responsibilities of ICCs.

8.5. Programs for Learners under Difficult Circumstances. This shall refer to the timely and
responsive programs for learners under difficult circumstances, such as, but not limited to:
geographic isolation; chronic illness; displacement due to armed conflict, urban resettlement, or
disasters; child abuse and child labor practices.

Section 9. Acceleration. Acceleration of learners in public and private basic educational

institutions shall be allowed, consistent with DepEd rules and regulations.

RULE II. CURRICULUM

Section 10. Basic Education Curriculum Development. In the development of the Basic

Education Curriculum, the DepEd shall be guided by the following:

10.1. Formulation and Design. Pursuant to Section 5 of the Act, the DepEd shall formulate the
design and details of the enhanced basic education curriculum. The DepEd shall work with the
CHED and TESDA to craft harmonized basic, tertiary, and technical-vocational education curricula
for Filipino graduates to be locally and globally competitive.

10.2. Standards and Principles. The DepEd shall adhere to the following standards and
principles, when appropriate, in developing the enhanced basic education curriculum:

(a) The curriculum shall be learner-centered, inclusive and developmentally appropriate;

(b) The curriculum shall be relevant, responsive and research-based;

(c) The curriculum shall be gender- and culture-sensitive;

(d) The curriculum shall be contextualized and global;

(e) The curriculum shall use pedagogical approaches that are constructivist, inquiry-based,
reflective, collaborative and integrative;

(f) The curriculum shall adhere to the principles and framework of Mother Tongue-Based
Multilingual Education (MTB-MLE) which starts from where the learners are and from what they
already know proceeding from the known to the unknown; instructional materials and capable
teachers to implement the MTB-MLE curriculum shall be available. For this purpose, MTB-MLE
refers to formal or non-formal education in which the learner’s mother tongue and additional
languages are used in the classroom;

(g) The curriculum shall use the spiral progression approach to ensure mastery of knowledge and
skills after each level; and

(h) The curriculum shall be flexible enough to enable and allow schools to localize, indigenize and
enhance the same based on their respective educational and social contexts.

10.3. Production and Development of Materials. The production and development of locally

produced teaching and learning materials shall be encouraged. The approval of these materials
shall be devolved to the regional and division education unit in accordance with national policies
and standards.

10.4. Medium of Teaching and Learning. Pursuant to Sections 4 and 5 of the Act, basic

education shall be delivered in languages understood by the learners as language plays a strategic
role in shaping the formative years of learners.

The curriculum shall develop proficiency in Filipino and English, provided that the first and
dominant language of the learners shall serve as the fundamental language of education. For
Kindergarten and the first three years of elementary education, instruction, teaching materials,
and assessment shall be in the regional or native language of the learners. The DepEd shall
formulate a mother language transition program from the mother/first language to the
subsequent languages of the curriculum that is appropriate to the language capacity and needs of
learners from Grade 4 to Grade 6. Filipino and English shall be gradually introduced as languages
of instruction until such time when these two (2) languages can become the primary languages of
instruction at the secondary level.

10.5. Stakeholder Participation. To achieve an enhanced and responsive basic education

curriculum, the DepEd shall undertake consultations with other national government agencies and
other stakeholders including, but not limited to, the Department of Labor and Employment
(DOLE), the Professional Regulation Commission (PRC), private and public schools associations,
national student organizations, national teacher organizations, parents-teachers associations,
chambers of commerce and other industry associations, on matters affecting the concerned
stakeholders.

Section 11. Curriculum Consultative Committee. Pursuant to Section 6 of the Act, a

Curriculum Consultative Committee shall be created, to be chaired by the DepEd Secretary or
his/her duly authorized representative, and with members composed of, but not limited to, a
representative each from the CHED, TESDA, DOLE, PRC, the Department of Science and
Technology (DOST), and a representative from business chambers such as the Information
Technology – Business Process Outsourcing (IT-BPO) industry association. The Consultative
Committee shall oversee the review and evaluation of the implementation of the enhanced basic
education curriculum and may recommend to the DepEd the formulation of necessary refinements
in the curriculum.

RULE III. TEACHER QUALIFICATIONS, TRAINING AND CONTINUING PROFESSIONAL

DEVELOPMENT

Section 12. Teacher Education and Training. To ensure that the enhanced basic education
program meets the demand for quality teachers and school leaders, the DepEd, CHED, and TESDA
shall conduct teacher education and training programs, in collaboration with relevant partners in
government, academe, industry, and non-governmental organizations. Such professional
development programs shall be initiated, conducted and evaluated regularly throughout the year
to ensure constant upgrading of teacher skills. Teacher education and training programs shall
include, but shall not be limited to:

12.1. In-service Training on Content and Pedagogy. DepEd teachers who will implement
the enhanced basic education curriculum but have not undergone pre-service education that is
aligned with the enhanced basic education curriculum shall be trained to meet the content and
performance standards of the enhanced basic education curriculum.

The DepEd shall ensure that private educational institutions shall be given the opportunity to avail
of such training.

12.2. Training of New Teachers. New graduates of the Teacher Education curriculum not
aligned with the enhanced basic education curriculum shall undergo additional training, upon
hiring, to upgrade their competencies and skills to the content and performance standards of the
new curriculum. Furthermore, the CHED, in coordination with the DepEd and relevant
stakeholders, shall ensure that the Teacher Education curriculum offered in these TEIs will meet
the necessary quality standards for new teachers. Duly recognized organizations acting as TEIs, in
coordination with the DepEd, CHED, and other relevant stakeholders, shall ensure that the
curriculum of these organizations meets the necessary quality standards for trained teachers.

For purposes of this subparagraph, the term  “duly recognized organizations acting as TEIs”  refers
to organizations, other than schools or HEIs, contracted out by the DepEd during the transition
and for a fixed period, to provide teacher training for purposes of retooling the graduates of the
Teacher Education curriculum, and only in such areas where there is a shortage of trained
teachers.

12.3. Training of School Leadership. Superintendents, principals, subject area coordinators,

and other instructional school leaders shall likewise undergo workshops and training to enhance
their skills on their roles as academic, administrative, and community leaders.
12.4. Training of Alternative Learning System (ALS) Coordinators, Instructional
Managers, Mobile Teachers, and Learning Facilitators. ALS coordinators, instructional
managers, mobile teachers, and learning facilitators shall likewise undergo workshops and training
to enhance their skills on their roles as academic, administrative, and community leaders.

Section 13. Hiring of Other Teachers. Notwithstanding the provisions of Sections 26, 27 and
28 of Republic Act No. 7836, otherwise known as the “ Philippine Teachers Professionalization Act
of 1994,” the DepEd and private educational institutions shall hire, as may be relevant to the
particular subject:

13.1. Graduates of science, mathematics, statistics, engineering, music and other degree courses
needed to teach in their specialized subjects in elementary and secondary education with
shortages in qualified applicants who have passed the Licensure Examination for Teachers (LET).
They shall also include graduates admitted by foundations duly recognized for their expertise in
the education sector and who satisfactorily complete the requirements set by these
organizations; Provided, That they pass the LET within five (5) years after their date of
hiring; Provided, further, That if such graduates are willing to teach in basic education on part-
time basis, the provisions of LET shall no longer be required.

The term “foundations,” as used in this section, refers to non-stock, non-profit organizations,

which are not operating as educational institutions, contracted out by the DepEd for a fixed
period, to provide volunteers to teach in basic education in areas where there is a shortage of
qualified teachers. The DepEd shall issue the guidelines and procedures for selection and eligibility
of these organizations.

13.2. Graduates of technical-vocational courses to teach in their specialized subjects in the

secondary education; Provided,That these graduates possess the necessary certification issued by
TESDA; Provided, further, That they undergo appropriate in-service training to be administered by
the DepEd or HEIs at the expense of the DepEd. The DepEd shall provide administrative support
to private educational institutions for the in-service training of their teachers on the enhanced
basic education curriculum.

13.3. Faculty of HEIs to teach in their general education or subject specialties in secondary

education; Provided, That the faculty must be a holder of a relevant Bachelor’s degree, and must
have satisfactorily served as a full-time HEI faculty;

13.4. The DepEd and private educational institutions may hire practitioners, with expertise in the
specialized learning areas offered by the enhanced basic education curriculum, to teach in the
secondary level: Provided, That they teach on part-time basis only. For this purpose, the DepEd,
in coordination with the appropriate government agencies, shall determine the necessary
qualification standards in hiring these experts.

RULE IV. PRIVATE EDUCATIONAL INSTITUTIONS

Section 14. Reasonable Supervision and Regulation. As a matter of policy laid down in
Article XIV, Section 5(1) of the 1987 Philippine Constitution, the State recognizes the
complementary roles of public and private institutions in the educational system and shall exercise
reasonable supervision and regulation of all educational institutions.

Section 15. Issuance and Revocation of Permits and/or Recognition of Private Senior

High Schools. The DepEd shall regulate the offering of senior high school in private educational
institutions. Private educational institutions may only offer senior high school when so authorized
by the DepEd. The DepEd shall prescribe the guidelines on the issuance and revocation of permits
and/or recognition of senior high schools.

Section 16. Specializations in Private Senior High School. Private educational institutions

may offer specializations in senior high school that are essential to the economic and social
development of the nation, region or locality. Local planning in the development of educational
policies and programs shall be encouraged consistent with the State policy to take into account
regional and sectoral needs and conditions.

RULE V. CAREER GUIDANCE AND COUNSELING ADVOCACY

Section 17. Career Guidance and Counseling Programs. Consistent with Section 9 of the

Act, to properly guide the students towards becoming productive and contributing individuals
through informed career choices, the DepEd, in coordination with the DOLE, TESDA, CHED, PRC,
NYC, industry associations, professional associations, and other relevant stakeholders, shall
pursue programs that expose students to the world and value of work, and develop the capability
of career counselors and advocates to guide the students and equip them with the necessary life
skills and values.

Section 18. Career Advocacy Activities. Career advocacy activities refer to activities that will
guide secondary level students in choosing the career tracks that they intend to pursue. Career
advocacy activities involve provision of career information and experiences, advising, coordinating
and making referrals, and may include, but are not limited to, career talks, career and job fairs,
parents’ orientations, and seminar-workshops on career decision-making.

Section 19. Career Advocates. Notwithstanding the provisions of Section 27 of Republic Act

No. 9258, otherwise known as the “Guidance and Counseling Act of 2004,”  career advocates shall
be allowed to conduct career advocacy activities for secondary-level students of the schools where
they are currently employed; Provided, That they undergo appropriate capacity building programs
developed and implemented by the DepEd, in coordination with the DOLE, TESDA, CHED, PRC,
NYC, student organizations, industry associations, guidance and counseling associations,
professional associations, and other relevant stakeholders.

Career advocacy may be conducted by career advocates and peer facilitators. Consistent with
Section 9 of the Act, career advocates refer to career and employment guidance counselors who
are not registered and licensed guidance counselors. Career advocates include homeroom advisers
and teachers of all learning areas who will implement career advocacy activities. Peer facilitators
are secondary-level students trained to assist career advocates in implementing career advocacy
activities.

Section 20. Role of the DepEd. The DepEd shall:

(a) Integrate career concepts in the curriculum and undertake teaching in relevant learning areas;

(b) Conduct career assessments;

(c) Conduct regular career advocacy activities;

(d) Conduct continuous professionalization and capacity building of guidance counselors, career
advocates, and peer facilitators;

(e) Develop or accredit training programs on career advocacy;

(f) Establish a career advocacy unit and provide adequate office space in high schools; and

(g) Designate guidance supervisors at the division level and career advocates at the school level.

RULE VI. E-GASTPE BENEFICIARIES AND OTHER FINANCING ARRANGEMENTS WITH

PRIVATE EDUCATIONAL INSTITUTIONS AND NON-DEPED PUBLIC SCHOOLS

Section 21. Expansion of E-GASTPE Beneficiaries. Pursuant to Section 10 of the Act, the

DepEd shall develop programs of assistance that will extend the benefits accorded by Republic Act
No. 8545, or the “Expanded Government Assistance for Students and Teachers in Private
Education Act,” to qualified students enrolled in senior high school.

Section 22. Criteria for Assistance to Qualified Students. The programs of assistance shall
be made available primarily to students who completed junior high school in public schools, taking
into account the income background and financial needs of students, available capacities of public,
private and non-DepEd public schools in the locality, socio-economic needs of regions, overall
performance of private and non-DepEd public schools, as well as geographic spread and size of
the student population.

The programs of assistance may also be made available to students who completed junior high
school in private educational institutions, whether these students are E-GASTPE beneficiaries or
not, subject to compliance with the qualifications and guidelines to be determined by the DepEd.

Section 23. Forms and Amount of Assistance. The forms of assistance that may be provided
by the DepEd may include any of the following:

(a) A voucher system, where government issues a coupon directly to students to enable them to
enroll in eligible private educational institutions or non-DepEd public schools of their choice under
a full or partial tuition or schooling subsidy;

(b) Education Service Contracting (ESC), where the government enters into contracts with private
educational institutions or non-DepEd public schools to shoulder the tuition and other fees of high
school students who shall enroll in private high schools under this program;

(c) Management contracts, where government enters into contractual arrangements with private
educational institutions or non-DepEd public schools to manage the day-to-day operations of
public schools under agreed performance targets;

(d) Forms of assistance provided under Republic Act No. 8545; and

(e) Other forms of financial arrangements consistent with the principles of public-private
partnership.

The DepEd shall take into account the ability of program beneficiaries to cover tuition differentials,
if any, in setting the amount of the voucher, ESC, or other forms of assistance. The amount of
assistance to be given by the government shall not exceed the determined per student cost in
public schools.

Section 24. Participating Schools. Private educational institutions, non-DepEd public schools,

and other potential providers of basic learning needs that may be authorized to offer senior high
school are eligible to participate in programs of assistance, as may be applicable, under the E-
GASTPE program and other financial arrangements formulated by the DepEd and DBM based on
the principles of public-private partnership. The continued participation of said providers in the E-
GASTPE program and other financial arrangements is subject to their meeting minimum
requirements and standards, including student performance, as determined by the DepEd.

To promote partnership and greater cooperation between public and private educational
institutions, government will take into account existing and potential capacities of private
educational institutions in expanding public school capacity.

Section 25. Implementation Mechanisms. The DepEd may enter into contractual

arrangements or establish new mechanisms for the design, administration, and supervision of
programs of assistance or aspects thereof, subject to the approval of the appropriate government
agencies. For this purpose, the DepEd shall:

(a) Issue the appropriate guidelines for the implementation of the programs of assistance;

(b) Ensure transparency and accountability in the implementation of the programs of assistance;

(c) Implement information and advocacy programs to inform the general public and ensure
greater participation and availment of the programs of assistance; and

(d) Undertake periodic reviews of the program features and make adjustments, as necessary, to
ensure the successful, effective and sustainable implementation of the program. The program
features shall include, among others, amount of subsidy, number of grantees, eligibility
requirements, and performance of participating schools.

Section 26. Funding Requirement. The budgetary requirement of the programs under this
Rule shall be ensured by the national government.

The DepEd shall encourage private and corporate donors to support the programs of assistance in
this section under the framework of Republic Act No. 8525, entitled, “An Act Establishing An
‘Adopt-A-School Program,’ Providing Incentives Therefor, And For Other Purposes,”  and other
relevant laws and policies.

Section 27. Timeframe. The DepEd shall implement the programs provided in this Rule no later
than the start of School Year 2016-2017.

Section 28. Additional Beneficiaries. The DepEd may develop similar programs of assistance
for kindergarten and elementary pupils and alternative learning system learners in accordance
with specific objectives, taking into account the need and capacities of public and private
educational institutions.

RULE VII. TRANSITORY PROVISIONS

Section 29. Private Basic Educational Institutions’ Transition to the Enhanced Basic
Education Program. The DepEd shall ensure the smooth transition of private elementary and
high schools in the country that are not aligned with the enhanced basic education program.
Private educational institutions or a group thereof shall develop their plans detailing how to
transition from their current basic education system to the enhanced basic education program.
The DepEd shall provide the appropriate guidelines on the evaluation of the transition plans.

Private educational institutions offering twelve (12) to thirteen (13) years of basic education prior
to the enactment of this Act shall submit to the DepEd their transition plans within twelve (12)
months from the effectivity of this IRR, subject to the guidelines that will be issued by the DepEd.
Section 30. Implementation Mechanisms and Strategies. Pursuant to Section 12 of the
Act, the DepEd, CHED and TESDA shall formulate the appropriate strategies and mechanisms
needed to ensure smooth transition from the existing ten (10) years basic education cycle to the
enhanced basic education program. The strategies may cover, among others, changes in physical
infrastructure, human resource, organizational and structural concerns, bridging models linking
secondary education competencies and the entry requirements of new tertiary curricula, and
partnerships between the government and other entities. Modeling for Senior High School (SHS)
may be implemented in selected schools to simulate the transition process and provide concrete
data for the transition plan following the guidelines set by the DepEd. The results of the SHS
modeling program may be considered in the nationwide implementation of the SHS program in
School Year 2016-2017.

30.1. Partnerships with HEIs and TVIs. To manage the initial implementation of the
enhanced basic education program and mitigate the expected multi-year low enrolment turnout
for HEIs and TVIs starting School Year 2016-2017, the DepEd shall engage in partnerships with
HEIs and TVIs for the utilization of the latter’s human and physical resources, and issue relevant
guidelines on such partnerships. Moreover, the DepEd, CHED, TESDA, TVIs and HEIs shall
coordinate closely with one another to implement strategies that ensure the academic, physical,
financial, and human resource capabilities of HEIs and TVIs to provide educational and training
services for graduates of the enhanced basic education program to ensure that they are not
adversely affected. The faculty of HEIs and TVIs allowed to teach students of secondary education
under Section 8 of the Act, shall be given priority in hiring for the duration of the transition period.

30.2. Financing Framework for State Universities and Colleges During the Transition
Period. The CHED and DBM shall review the financing policy framework for State Universities and
Colleges in light of the Act with the end in view of optimizing the use of government resources for
education, the results of which shall be covered by a joint administrative issuance.

30.3. Effects of Initial Implementation of the Enhanced Basic Education Program on

Industry Human Resource Requirements. The DOLE, CHED, DepEd, TESDA and PRC, in
coordination with industry associations and chambers of commerce, shall develop a contingency
plan, not later than the start of School Year 2015-2016, to mitigate the effects of the enhanced
basic education program with respect to a potential reduction or absence of college graduates to
meet the human resource requirements of industry. The plan shall contain mitigation strategies
for industries to adjust their employment policies as deemed necessary and expedient, and may
include the adoption of other relevant programs or appropriate qualifications.

Section 31. Labor and Management Rights. In the implementation of the Act, including the
transition period, the rights of labor as provided in the Constitution, the Civil Service Rules and
Regulations, Labor Code of the Philippines, and existing collective agreements, as well as the
prerogatives of management, shall be respected. The DOLE, DepEd, CHED and TESDA shall
promulgate the appropriate joint administrative issuance, within sixty (60) days from the
effectivity of this IRR, to ensure the sustainability of the private and public educational
institutions, and the promotion and protection of the rights, interests and welfare of teaching and
non-teaching personnel.

For this purpose, the DOLE shall convene a technical panel with representatives from the DepEd,
CHED, TESDA and representatives from both teaching and non-teaching personnel organizations,
and administrators of the educational institutions.

Section 32. Transition Period. The transition period shall be reckoned from the date of the
approval of this IRR until the end of School Year 2021-2022.
 RULE VIII. JOINT CONGRESSIONAL OVERSIGHT COMMITTEE

Section 33. Joint Congressional Oversight Committee on the Enhanced Basic Education
Program. The Joint Congressional Oversight Committee created under Section 13 of the Act shall
be composed of five (5) members each from the Senate and from the House, including Chairs of
the Committees on Education, Arts and Culture, and Finance of both Houses. The membership of
the Committee for every House shall have at least two (2) opposition or minority members.

RULE IX. MANDATORY EVALUATION AND REVIEW

Section 34. Mandatory Evaluation and Review. By the end of School Year 2014-2015, the
DepEd shall conduct a mandatory review and submit a midterm report to Congress as to the
status of implementation of the Enhanced Basic Education Program in terms of closing the
following current shortages: (a) teachers; (b) classrooms; (c) textbooks; (d) seats; (e) toilets; (f)
other shortages that should be addressed.

The DepEd shall include among others, in this midterm report, the following key metrics of access
to and quality of basic education: (a) participation rate; (b) retention rate; (c) National
Achievement Test results; (d) completion rate; (e) teachers’ welfare and training profiles; (f)
adequacy of funding requirements; and (g) other learning facilities including, but not limited to,
computer and science laboratories, libraries and library hubs; and sports, music and arts.

RULE X. COMMITMENT TO INTERNATIONAL BENCHMARKS

Section 35. Commitment to International Benchmarks. The DepEd shall endeavor to

increase the per capita spending on education towards the immediate attainment of international
benchmarks. Towards this end, the DepEd shall seek to:

a) engage local government units to efficiently use the special education fund and other funds to
advance and promote basic education;

b) implement programs that will enhance private sector participation and partnership in basic
education; and

c) propose an annual budget allocation in accordance with these goals. The DepEd shall further
develop a multi-year spending plan to ensure that the UNESCO-prescribed standards on education
spending are attained.

RULE XI. FINAL PROVISIONS

Section 36. Appropriations. Pursuant to Section 11 of the Act, the initial funding for the
operationalization of the Enhanced Basic Education Program shall be charged against the current
appropriations of the DepEd. Thereafter, such sums which shall be necessary for the continued
implementation of the enhanced basic education program shall be included in the annual General
Appropriations Act.

Section 37. Implementing Details. The DepEd, CHED and TESDA may issue such policies and
guidelines as may be necessary to further implement this IRR.

Section 38. Amendment. Amendments to this IRR shall be jointly promulgated by the DepEd
Secretary, CHED Chairperson, and TESDA Director-General.
Section 39. Separability Clause. Should any provision of this IRR be subsequently declared
invalid or unconstitutional, the same shall not affect the validity and effectivity of the other
provisions.

Section 40. Repealing Clause. Pursuant to Section 18 of the Act, rules and regulations
implementing the pertinent provisions of Batas Pambansa Bilang 232 or the “Education Act of
1982,” Republic Act No. 9155 or the “Governance of Basic Education Act of 2001,”  Republic Act
No. 9258, Republic Act No. 7836, and all other laws, decrees, executive orders and rules and
regulations, contrary to or inconsistent with the provisions of the Act are deemed repealed or
modified accordingly.

Section 41. Effectivity Clause. This IRR shall take effect fifteen (15) days after its publication
in the Official Gazette or in two (2) newspapers of general circulation.

This IRR shall be registered with the Office of the National Administrative Register at the
University of the Philippines Law Center, UP Diliman, Quezon City.

Done this 4th day of September 2013.