Written Report in Education 9

(The Teaching Profession)

Unit 5: The Teacher as a Professional

Submitted by:
Gutierrez, Chona D.
Muñoz, Jacob Arthur D.
Yanga, Ferlinda

Submitted to:
Mrs. Virma Koh Pangilinan
 Module 5
THE TEACHER AS A PROFESSIONAL

A. PROFESSIONALIZATION OF TEACHING

Presidential Decree 1006

Signed on September 22, 1976
MALACAÑANG
MANILA

PRESIDENTIAL DECREE NO 1006

PROVIDING FOR THE PROFESSIONALIZATION OF TEACHERS, REGULATING

THEIR PRACTICE IN THE PHILIPPINES AND FOR OTHER PURPOSES.

WHEREAS, the Constitution provides that “All educational institutions shall be under the
supervision of; and subject to regulation by, the State”, and requires that “the State shall
establish and maintain a complete, adequate and integrated system of education relevant
to the goals of national development”;

WHEREAS, in the pursuit on these objectives, the Department of Education and Culture
has adopted ways and means of overseeing all the educational institutions in the country;

WHEREAS, this supervisory function of the DEC has been primarily beamed towards
insuring that the educational institutions inculcate in the studentry love of the country,
teach the duties of citizenship, and develop moral character, personal discipline, and
scientific, technological and vocational efficiency;

WHEREAS, to implement these objectives, the institutions have relied upon their teachers
whose direct and continuing interaction with the young people and the children make
them potent forces for the development of proper attitudes among the citizenry;

WHEREAS, this accounts for the tremendous growth of the teaching population,
comprising in the civil service sector alone more than 300,000 teachers deployed all over
the country;

WHEREAS, to insure that in the immediacy and urgency of teacher recruitment qualitative
requirements are not overlooked, it has become necessary to regulate the teaching
profession;

WHEREAS, although teaching requires a number of years of collegiate study, it is the

only course that it is not yet considered a profession;
WHEREAS, in recognition of the vital role of teachers in nation-building and as an
incentive to raise the morale of teachers, it is imperative that they be considered as
professionals and teaching be recognized as a profession.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue

of the powers vested in me by the Constitution, do hereby decree and order:

Section 1. Title. This Decree shall be known as the Decree Professionalizing Teaching.

Section 2. Declaration of Policy. It is hereby declared a policy that teacher education

shall be given primary concern and attention by the government and shall be of the
highest quality, and strongly oriented to Philippine conditions and to the needs and
aspirations of the Filipino people even as it seeks enrichment from adoptable ideas and
practices of other people.

Section 3. Definition of Terms. As used in this Decree, the following shall be construed
as follows:

(a) Teaching refers to the profession primarily concerned with the classroom instruction,
at the elementary and secondary levels, in accordance with the curriculum prescribed by
National Board of Education, whether on part-time or full-time basis in the public or private
schools.

(b) Teachers refers to all persons engaged in teaching at the elementary and secondary
levels, whether on a full-time or part-time basis, including guidance counselors, school
librarians, industrial arts or vocational teachers and all other persons performing
supervisory and/or administrative functions in all schools in the aforesaid levels and
legally qualified to practice teaching under this Decree.

(c) Board refers to the National Board for Teachers duly constituted under this Decree.

Section 4. Creation of the National Board for Teachers. There is hereby created a
National Board for Teachers, hereinafter called the Board, to be composed of the
following:

1) Secretary of Education and Culture Co-

2) Chairman, Civil Service Commission Chairman
3) Commissioner, Professional
Regulations Commission
4) Two members representing the Member
private sector to be appointed by the
President

Section 5. Powers and Duties. The Board shall have the following powers and duties:
(a) Appoint a set of examiners for every examination who will determine and prepare the
contents of the Board examination for teachers, hereinafter referred to as examination, in
the elementary and secondary levels of instruction, to be held at least once a year;

(b). Determine and fix the places and dates of examination, appoint supervisors and room
examiners from among the employees of the Government who shall be entitled to a daily
allowance to be fixed by the Board for every examination day actually attended, use the
buildings and facilities of public and private schools for examination purposes, approve
applications to take examination, and approve the release of examination results;

(c) Look from time to time into the conditions affecting the practice of the teaching
profession, adopt such measures as may be deemed proper for the enhancement of said
profession, and/or maintenance of the professional standards and ethics;

(d) Issue, suspend, revoke, replace or reissue Professional Teachers Certificate, and
administer oaths;

(e) Appoint, subject to the provisions of existing laws, such officials and employees as
are necessary in the effective performance of its functions and responsibilities, prescribe
their duties and fix their compensation;

(f) Prescribe and collect examination and other fees as it may deem proper; and

(g) Promulgate rules and regulations, and exercise such other powers, functions and
duties as may be necessary to carry into effect the purposes of this Decree.

Section 6. Qualification requirements for examination applicants. No applicant shall be

admitted to take the examination unless, on the date of filing of the application, he shall
have complied with the following requirements:

(a) Except those who have been engaged in teaching as herein defined for at least five
years in schools in the Philippines not organized exclusively for nationals of a foreign
country at the time of the effectivity of this Decree, the applicant must be a citizen of the
Philippines;

(b) That he is of good moral character;

(c) That he is free from any physical and/or mental defect which will incapacitate him to
render efficient service; and

(d) That he possesses the following minimum educational qualifications:

1) For teachers in the kindergarten and elementary grades, Bachelor’s degree in

Elementary Education (B.S.E.Ed.) or its equivalent;
2) For teachers of the secondary schools, Bachelor’s degree in Education or its equivalent
with a major and minor, or a Bachelor’s degree in Arts or Sciences with at least eighteen
units in professional education; and

3) For teachers of secondary vocational and two-year technical courses, Bachelor’s

degree in the field of specialization with at least eighteen units in professional education.

All applications shall be filed with an office or offices designated by the Board, preferably
the offices of the Civil Service Commission and the Department of Education and Culture.

These offices shall screen and approve such applications and issue the corresponding
permits to take the examination to qualify applicants.

Section 7. Appointment of examiners. The Board shall appoint a set of examiners for
every examination who are recognized authority in teacher education, and their names
shall not be disclosed until after the release of the results of the examination. They shall
each receive as compensation the sum of not less than P5.00 for each examinee as may
be determined by the Board but in no case shall each examiner receive more than
P18,000 per examination. Any examiner who is in the service of the Government shall
receive the compensation herein provided in addition to his salary.

Section 8. Scope of the examination. The examination shall consist of written tests, the
scope of which shall be determined by the Board, taking into consideration the teaching
plan of the schools legally constituted in the Philippines.

Section 9. Ratings in the examination. In order that a candidate may be deemed to have
successfully passed the examinations, he must have obtained a general average of at
least 70 per cent in all subjects, with no rating below 50 per cent in any subject.

Section 10. Report of the results of examination. The examiners shall report the ratings
obtained by each candidate to the Board within 150 days after the last day of the
examination, unless extended by the latter.

Section 11. Issuance of Certificates. Teachers who have passed examinations given by
the Civil Service Commission or jointly by the Civil Service Commission and the
Department of Education and Culture shall be considered as having passed the board
examinations for teachers. The Board may consider their certificates of rating as
certificates of eligibility or issue an entirely new certificate upon registration of the teacher
and payment of the corresponding fees.

This provision shall likewise apply to those teachers who have permanent appointment
under the Magna Carta For Public School Teachers and all others who may be qualified
for registration as professional teachers under this Decree.

Section 12. Registration. The Civil Service Commission shall, as an arm of the Board,
register holders of Professional Teacher Certificate which registration shall evidence that
the registrant is entitled to all the rights and privileges of a Professional Teacher until and
unless the certificate is suspended or canceled by the Board for just cause.

Section 13. Reissuance of revoked certificates and replacement of lost certificates. The
Board may, for reason of equity and justice, and upon proper application therefor, issue
another copy, original or duplicate, upon payment of the

required fee, of a certificate which has been revoked. A new certificate to replace a lost,
destroyed or mutilated certificate may be issued subject to the rules of the Board.

Section 14. Registration by reciprocity. The Civil Service Commission shall, upon
approval of the Board, effect the registration, without examination, of a teacher validly
registered under the laws of any foreign state or country; Provided, That the requirements
for registration in said foreign state or country are substantially the same as those required
and contemplated by this Decree, and the laws of such foreign state or country allow
citizens of the Philippines to practice the profession on the same basis and grant the
same privileges as the citizens or subjects of such foreign state or country; Provided
finally, That the applicant shall submit competent and conclusive documentary evidence,
confirmed by the Department of Foreign Affairs, showing that his country’s existing laws
permit citizens of the Philippines to practice teaching profession under the rules and
regulations governing citizens thereof.

Section 15. Prohibition. Three years after the effectivity of this Decree, no person shall
engage in teaching and/or act as a teacher as defined in this Decree, whether in the public
or private elementary or secondary school, unless he is holder of a Professional Teacher
Certificate or is considered a Professional Teacher under this Decree.

Section 16. Penal Provision. Any person who shall practice the teaching without a valid
Professional Teacher Certificate, or any person presenting as his or her own the
certificate of another, or any person giving any false or forged evidence in order to obtain
a Professional Teacher Certificate or admission to an examination, or any person
assuming himself as a registered professional teacher or any person violating any
provision of this Decree shall be penalized by a fine of not less than One Thousand Pesos
nor more than Five Thousand Pesos with subsidiary imprisonment or to suffer an
imprisonment of not less than six months nor more than two years, or both such fine and
imprisonment at the discretion of the Court.

Section 17. Repealing Clause. All Acts, Decrees, Executive Orders, Administrative
Orders, rules and regulations or parts thereof inconsistent with the provisions of this
Decree are hereby repealed or modified accordingly.

Section 18. Separability Clause. In case any provision of this Decree or any portion
thereof is declared unconstitutional by a competent court, other provisions shall not be
affected thereby.

Section 19. Effectivity. This Decree shall take effect January 1, 1977.
DONE in the City of Manila, this 22nd day of September, in the year of Our Lord, nineteen
hundred and seventy-six.

References: https://www.officialgazette.gov.ph/1976/09/22/presidential-decree-no-1006-s-1976/

REPUBLIC ACT NO. 7836

AN ACT TO STRENGTHEN THE REGULATION AND SUPERVISION

OF THE PRACTICE OF TEACHING IN THE PHILIPPINES AND
PRESCRIBING A LICENSURE EXAMINATION FOR TEACHERS AND
FOR OTHER PURPOSES.

ARTICLE I
TITLE

SECTION 1. Short Title. — This Act shall be known as the "Philippine Teachers
Professionalization Act of 1994."

Sec. 2. Statement of Policy. — The State recognizes the vital role of teachers in
nation-building and development through a responsible and literate citizenry. Towards
this end, the State shall ensure and promote quality education by proper supervision
and regulation of the licensure examination and professionalization of the practice of
the teaching profession.

Sec. 3. Objectives. — This Act has the herein objectives:

(a) The promotion, development and professionalization of teachers and the

teaching profession; and

(b) The supervision and regulation of the licensure examination.

Sec. 4. Definition of Terms. — For purposes of this Act, the following terms shall
mean:
(a) "Teaching" — refers to the profession concerned primarily with classroom
instruction, at the elementary and secondary levels in accordance with the curriculum
prescribed by the Department of Education, Culture and Sports, whether on part-time
or full-time basis in the private or public schools.

(b) "Teachers" — refers to all persons engaged in teaching at the elementary and
secondary levels, whether on full-time or part-time basis, including industrial arts or
vocational teachers and all other persons performing supervisory and/or administrative
functions in all schools in the aforesaid levels and qualified to practice teaching under
this Act.

(c) "Board" — refers to the Board for Professional Teachers duly established and
constituted under this Act.

(d) "Commission" — refers to the Professional Regulation Commission.

ARTICLE II
BOARD FOR PROFESSIONAL TEACHERS

Sec. 5. Creation and Composition of the Board. — There is hereby created under this
Act a Board for Professional Teachers, hereinafter called the Board, a collegial body
under the general supervision and administrative control of the Professional Regulation
Commission, hereinafter referred to as the Commission, composed of five (5) members
who shall be appointed by the President of the Philippines from among the
recommendees chosen by the Commission. The recommendees shall be chosen from
the list of nominees selected by the accredited association of teachers, who duly
possess all the qualifications prescribed in Section 8 of this Act.

The chairman and the voice-chairman of the Board shall be appointed from these five
(5) members by the President: Provided, That the members of the first Board appointed
under this Act shall be automatically registered as professional teachers and issued
with the certificate of registration and professional license upon payment of the fees for
examination, registration, and other fees prescribed by the Commission.

Sec. 6. Duties and Function of the Board. — The Board shall have the following
duties and functions:

(a) Promulgate, administer and enforce rules and regulations necessary for carrying
out the provisions of this Act in accordance with the charter of the Professional
Regulation Commission;

(b) Determine and fix the frequency, dates, and places of examination, appoint
supervisors, proctors, and other personnel as needed who shall beentitled to a daily
allowance to be fixed by the Board for every examination day actually attended, use
buildings and facilities of public or private schools for examination purposes;

(c) Issue, suspend, or revoke the certificate of registration for the practice of the
teaching profession;

(d) Prescribe and collect examination and other fees as it may deem proper;

(e) Prescribe and/or adopt a code of ethical and professional standards forthe
practice of the teaching profession. Such ethical standards, rules and regulations to
take effect sixty (60) days after its publication in the Official Gazette or in any
newspaper of general circulation;

(f) Administer oaths in connection with the administration of this Act;

(g) Supervise and regulate the registration, licensure and practice of professional
teachers in the Philippines;

(h) Adopt an official seal of the Board;

(i) Look into the conditions affecting the practice of the teaching profession and
whenever necessary, adopt such measures as may be deemed proper for the
enhancement and maintenance of high professional and ethical standards of the
profession;

(j) Ensure that all educational institutions offering elementary and secondary
education comply with the essential requirements for curricula, faculty and facilities for
the elementary and secondary levels;

(k) Investigate such violations of this Act, the rules and the code of ethical and
professional standards for professional teachers as it may come to the knowledge of
the Board, and for this purpose, to issue subpoena and subpoena duces tecum to
secure the appearance of witnesses and the production of documents in connection
therewith; and

(l) Discharge such other powers, duties and functions as the Board may deem
necessary for the practice of the teaching profession and the upgrading, enhancement,
development and growth of education in the Philippines.

Sec. 7. Term of Office. — The members of the Board shall hold office for a term of
three (3) years from the date they assume office: Provided, That the first appointees to
the Board under this Act shall hold office according to the following terms: one (1)
member shall serve for one (1) year; one (1) member for two (2) years; the chairman,
vice-chairman, and one (1) member for three (3) years. Vacancies shall be served
for the unexpired term only. No person who has served for two (2) consecutive terms
shall be eligible for reappointment. Appointment to fill an unexpired term shall be
considered an appointment to a complete term.
The chairman or any member shall take his oath of office prior to the performance of
his duties.

Sec. 8. Qualification of Board Members. — Each Board member must atthe time
of his appointment:

(a) Be a citizen and resident of the Philippines;

(b) Be at least thirty-five (35) years of age, of proven integrity, and possessed of
high moral values in his personal as well as professional conduct and has not been
convicted of any offense involving moral turpitude;
(c) Be a holder of the degree of Bachelor of Arts or Bachelor of Science in Education
and preferably a holder of a master's or doctorate degree in education, or their
equivalents, from a university, school, college, academy or institute duly constituted,
recognized and/or accredited by the Philippine government;

(d) Be a professional teacher with a valid certificate of registration and valid

professional license, save those members who shall compose the first Board for
Professional Teachers;

(e) Has been a professional teacher in the active practice of the teaching profession
for at least ten (10) years in the elementary and secondary level; and

(f) Not be an official or member of the faculty of, nor have pecuniary interestin any
university, college, school, or institution conferring a bachelor's degree in education or
its equivalents for at least three (3) years prior to his appointment, and neither
connected with a review center or with any group or association where review classes
or lectures in preparation for the licensure examination are offered or conducted.

Provided, however, That, the membership to the Board shall be evenly distributed to
cover all levels of education, including equitable representation of the different fields of
specialization.

Sec. 9. Compensation of the Board. — The chairman, vice-chairman, and members of

the Board shall receive compensation comparable to the compensation received by
existing regulatory boards under the ProfessionalRegulation Commission, computed
on the basis of the number of examinees/candidates.

Sec. 10. Supervision of the Board and Custodian of its Records. — The Board shall
be under the supervision and control of the Commission. All records, including
applications for examination, examination papers and results, minutesof deliberation,
administrative cases and investigative cases and investigations involving professional
teachers shall be kept by the Commission.

Sec. 11. Secretariat and Support Services. — The Professional Regulation

Commission, through its chairman, shall provide the secretariat and other support
services to implement effectively the provisions of this Act.

Sec. 12. Removal of a Board Member. — The chairman or any member of the
Board may be removed by the President of the Philippines upon recommendation of
the Commission for neglect of duty, incompetence, unprofessional, unethical, immoral
or dishonorable conduct, commission or toleration of irregularities in the examination,
after having been given the opportunity to defend himself in a proper administrative
investigation.
In the course of investigation, the President may preventively suspend therespondent.

ARTICLE III
EXAMINATION AND REGISTRATION

Sec. 13. Examination, Registration and License Required. — Except as otherwise

specifically allowed under the provisions of this Act, all applicants for registration as
professional teachers shall be required to undergo a written examination which shall
be given at least once a year in such places and datesas the Board may determine
upon approval by the Commission. A valid certificate of registration and a valid
professional license from the Commission are required before any person is allowed to
practice as a professional teacher inthe Philippines, except as otherwise allowed under
this Act.

Sec. 14. Scope of Examination. — The examinations for the elementary and secondary
school teachers shall be separate. The examination for teachers inthe elementary
level shall consist of two (2) parts, namely: professional education and general
education. The examination for teachers in the secondary level shall consist of three
(3) parts, namely: professional education, general education, andfield of specialization.

Sec. 15. Qualification Requirements of Applicants. — No applicant shall be admitted to

take the examination unless, on the date of filing of the application,he shall have
complied with the following requirements:

(a) A citizen of the Philippines or an alien whose country has reciprocity withthe
Philippines in the practice of the teaching profession;

(b) At least eighteen (18) years of age;

(c) In good health and of good reputation with high moral values;

(d) Has not been convicted by final judgment by a court for an offenseinvolving
moral turpitude;

(e) A graduate of a school, college or university recognized by the

government and possesses the minimum educational qualifications, as follows:

(1) For teachers in preschool, a bachelor's degree in early childhoodeducation

(BECED) or its equivalent;

(2) For teachers in the elementary grades, a bachelor's degree in elementary

education (BSEED) or its equivalent;
(3) its equivalent with a major and minor, or a bachelor's degree in arts and sciences
with at least ten (10) units in professional education; and

(4) For teachers of vocational and two-year technical courses, a bachelor's degree
in the field of specialization or its equivalent, with at least eighteen (18) units in
professional education.

Sec. 16. Report of the Results of the Examination. — The Board shall, within one
hundred twenty (120) days after the examination, report the ratings obtained by each
candidate to the Professional Regulation Commission for approval and appropriate
action.

Sec. 17. Issuance of Certificate of Registration and Professional License. — The

registration of a professional teacher commences from the date his name is enrolled in
the roster of professional teachers.

Every registrant who has satisfactorily met all the requirements specified in this Act
shall, upon payment of the registration fee, be issued a certificate of registration as a
professional teacher bearing the full name of the registrant with serial number and date
of issuance signed by the chairman of the Commission and the chairman, vice-
chairman, and members of the Board, stamped with the official seal, as evidence that
the person named therein is entitled to practice the profession with all the rights and
privileges appurtenant thereto. The certificate shall remain in full force and effect until
withdrawn, suspended and/or revoked in accordance with law.

A professional license signed by the chairman of the Commission and bearingthe

registration number and date of issuance thereof and the month of expiry or
renewability shall likewise be issued to every registrant who has paid the annual
registration fees for three (3) consecutive years. This license shall serve asevidence
that the licensee can lawfully practice his profession until the expiration of its validity.

Sec. 18. Oath Before Practice. — Every registrant shall be required to take his
professional oath before practicing as a professional teacher.

Sec. 19. Periodic Merit Examination of Teachers. — To encourage continuing

professional growth and development and to provide additional basis for merit
promotion, in addition to their performance rating, teachers may take an oral and written
examination at least once in five (5) years as basis for merit promotion. In taking this
examination, no fee shall be required.

Sec. 20. Failure to Pass the Merit Examination. — If a teacher fails to pass the
merit examination, he or she shall be allowed to take the examination for a second
time. Should he or she fail to pass the merit examination for the second
time, then he or she shall be required to take a DECS accredited refreshercourse
or program before being allowed to retake the examination.

Failure of any permanent teacher to pass the merit examination shall not, however, be
used as a ground for his/her dismissal or demotion.

Sec. 21. Incentives. — Teachers who pass the merit examination shall:

(a) Be awarded a diploma of merit by the Board;

(b) Earn merit points for purposes of promotion in salary or to a higherposition or

grade level;

(c) Be placed in the priority list for government scholarship; and

(d) Enjoy such other benefits as may be promulgated by the Board.

Similar incentives shall be given to teachers who make inventions, develop new
methods of teaching, write a book or books and create works of artistic merit.

Sec. 22. Integration of the Teaching Profession. — The teaching profession shall be
integrated into one national organization which shall be recognized bythe Board and
the Commission as the one and only integrated and accredited association of
professional teachers. Upon registration with the Board, every professional teacher
shall be encouraged to become a member of the integrated national organization.
Those who have been registered with the Board but arenot members of the said
integrated organization shall be allowed to register as members of the said integrated
organization within three (3) years after the effectivity of this Act. Membership in the
integrated organization shall not be abar to membership in other associations of the
teaching profession. The professional teachers shall receive the benefits and
privileges appurtenant to their membership in the said integrated and accredited
organization ofprofessional teachers only upon payment of the required membership
fees and dues.

Sec. 23. Revocation of the Certificate of Registration, Suspension from the Practice of
the Teaching Profession, and Cancellation of Temporary or Special Permit. — The
Board shall have the power, after due notice and hearing, to suspend or revoke the
certificate of registration of any registrant, to reprimand or to cancel the
temporary/special permit of a holder thereof who is exempt from registration, for any of
the following causes:

(a) Conviction for any criminal offense by a court of competent jurisdiction;

(b) Immoral, unprofessional or dishonorable conduct

(c) Declaration by a court of competent jurisdiction for being mentally unsound or
insane;

(d) Malpractice, gross incompetence, gross negligence or serious ignoranceof the

practice of the teaching profession;

(e) The use of or perpetration of any fraud or deceit in obtaining a certificateof

registration, professional license or special/temporary permit;

(f) Chronic inebriety or habitual use of drugs;

(g) Violation of any of the provisions of this Act, the rules and regulations and other
policies of the Board and the Commission, and the code of ethical and professional
standards for professional teachers; and

(h) Unjustified or willful failure to attend seminars, workshops, conferences and the
like or the continuing education program prescribed by the Board and the Commission.

The decision of the Board to revoke or suspend a certificate may be appealed to the
regional trial court of the place where the Board holds office within fifteen (15)days from
receipt of the said decision or of the denial of the motion for reconsideration filed in due
time.

Sec. 24. Registration by Reciprocity. — No teacher of a foreign nationality shall be

admitted to the examination, or be given a certificate of registration or beentitled to any
of the rights and privileges provided under this Act; unless the country or state of which
he is a subject permits Filipino professional teachers to practice within its territorial
limits on the same basis as subjects or citizens ofsaid country or state: Provided,
that the requirements of certification of teachers with said foreign state or country are
substantially the same as those required and contemplated under this Act: Provided,
further, That the laws of such state or country grant the same privilege to Filipino
professional teachers on the same basis as the subject or citizens of such foreign
country or state.

Sec. 25. Roster of Professional Teachers. — A roster of professional teachers

containing the names and addresses of professional teachers, date of registration or
issuance of certificate, and other data which in the opinion of the Board may appear
pertinent shall be maintained. Copies of the roster shall be provided by the Commission
to the Board, the Department of Education, Culture and Sports, and the integrated and
accredited organization of professional teachers.

Sec. 26. Registration and Exception. — Two (2) years after the effectivity of this Act,
no person shall engage in teaching and/or act as a professional teacher as defined in
this Act, whether in the preschool, elementary or secondary level,
unless he is a duly registered professional teacher, and a holder of a valid certificate of
registration and a valid professional license or a holder of a valid special/temporary
permit.

Upon approval of the application and payment of the prescribed fees, the certificate of
registration and professional license as a professional teacher shall be issued without
examination as required in this Act to a qualified applicant, who at the time of the
approval of this Act, is:

(a) A holder of a certificate of eligibility as a teacher issued by the Civil Service

Commission and the Department of Education, Culture and Sports; or

(b) A registered professional teacher with the National Board for Teachers under
the Department of Education, Culture and Sports (DECS) pursuant to Presidential
Decree No. 1006; or

(c) Not qualified under paragraphs one and two but with any of the following
qualifications. to wit:

(1) An elementary or secondary teacher for five (5) years in good standingand
a holder of Bachelor of Science in Education or its equivalent; or

(2) An elementary or secondary teacher for three (3) years in good standing and a
holder of a master's degree in education or its equivalent.
Provided, That they shall be given two (2) years from the organization of the Board for
professional teachers within which to register and be included in the roster of
professional teachers: Provided, further, That those incumbent teachers who are not
qualified to register without examination under this Act or who, albeit qualified, were
unable to register within the two-year period shall be issued a five-year temporary or
special permit from the time the Board is organized within which to register after passing
the examination and complying with the requirements provided this Act and be included
in the roster of professional teachers: Provided, furthermore, That those who have
failed the licensure examination for professional teachers shall be eligible as para-
teachers and as such, shall be issued by the Board a special or temporary permit, and
shall be assigned by the Department of Education, Culture and Sports (DECS) to
schools as it may determine under the circumstances.

ARTICLE IV
PROVISIONS RELATIVE TO THE PRACTICE OF THE TEACHING
PROFESSION

Sec. 27. Inhibition Against the Practice of the Teaching Profession. — Except as
otherwise allowed under this Act, no person shall practice or offer to practice the
teaching profession in the Philippines or be appointed as teacher to
any position calling for a teaching position without having previously obtained a valid
certificate of registration and a valid professional license from the Commission.

Sec. 28. Penal Provisions. — The following shall be punishable by a fine of not less
than Five thousand pesos (P5,000.00) nor more than Twenty thousand pesos
(P20,000.00) or imprisonment of nor less than six (6) months nor more than five (5)
years, or both, at the discretion of the court:

(a) Any person who practices the teaching profession in the Philippines without
being certified in accordance with the provisions of this Act;

(b) Any person who represents or attempts to use as his own certificate of
registration that of another;

(c) Any person who gives any false, or fraudulent evidence of any kind to the Board
or any member thereof in obtaining a certificate of registration as teacher;

(d) Any person who impersonates any registrant of the same or different name;

(e) Any person who uses a revoked or suspended certificate of registration;

(f) Any person who, in connection with his name, otherwise assumes, uses or
advertises any title or description tending to convey or conveys the impression that he
is a teacher without holding a valid certificate; and

(g) Any person who violates or who abets the violation of any of the provisions of
this Act.

The penalty of fine or imprisonment or both, as provided in this section, shall also apply
to any school official who shall cause or be responsible for the commission of any of
the above-enumerated acts.

Sec. 29. Appropriations. — Such sums as may be necessary to carry out the provisions
of this Act shall be included in the 1996 General Appropriations Act and thereafter.

Sec. 30. Implementing Guidelines. — The Board shall formulate and adopt the
necessary guidelines for the effective implementation of the provisions of this Act within
sixty (60) days of its approval.

The Board shall submit to both Committees on Education, Arts, and Culture; and the
Committees on Civil Service and Professional Regulation of the Senate and House of
Representatives, copies of the implementing rules and guidelines within thirty (30) days
after its promulgation.
Any violation of this section shall render the official/s concerned liable under Republic
Act No. 6713, otherwise known as the "Code of Conduct and Ethical Standards for
Public Officials and Employees" and other pertinent administrative and/or penal laws.

Sec. 31. Transitory Provision. — All incumbent teachers in both the public and
private sector not otherwise certified as professional teachers by virtue ofthis Act,
shall be given (5) years temporary certificates from the time the Boardfor Professional
Teachers is organized within which to qualify as required by this Act and be included in
the roster of professionals.

Provided, however, That the Professional Board Examination for Teachers (PBET)
shall still be administered by the Civil Service Commission and the Department of
Education, Culture and Sports for the year 1995.

Sec. 32. Separability Clause. — If, for any reason, any section or provisionof this
Act or the application of such section or provision to any person or circumstance is
declared unconstitutional or invalid, no other section or provision of this Act shall be
affected thereby.

Sec. 33. Repealing Clause. — All laws, presidential decrees, executive orders,
rules and regulations or parts thereof inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

Sec. 34. Effectivity Clause. — This Act shall take effect after fifteen (15)days
following its complete publication in the Official Gazette or in two (2) newspapers of
general circulation.

Approved: December 16, 1994

References:
https://www.prc.gov.ph/uploaded/documents/PROFESSIONAL%20TEACHERS-
LAW1.PDF
 Republic of the Philippines
Congress of the Philippines
Metro Manila

Twelfth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand and
three.

REPUBLIC ACT NO. 9293 April 21, 2004

AN ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED SEVENTY-

EIGHT HUNDRED AND THIRTY-SIX (R. A. NO. 7836), OTHERWISE KNOWN AS THE
"PHILIPPINE TEACHERS PROFESSIONALIZATION ACT OF 1994"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. Section 15, (e) (3) of Republic Act No. 7836 is hereby amended as follows:

"Sec. 15. Qualification Requirements of Applicant. � No applicant shall be admitted to take the
examination unless, on the date of filing of the application, he shall have complied with the
following requirements:
"(e) A graduate of a school college or university recognized by the government and possesses
the minimum educational qualifications, as follows:
(1) For teachers in preschool, a bachelor's degree in early childhood education (BECED) or its
equivalent;
(2) For teachers in the secondary grades, a bachelor's degree in elementary education
(BSEED) or its equivalent;
(3) For teachers in the secondary grades, a bachelor's degree in education or its equivalent with
a major and minor, or a bachelor degree in arts and sciences with at least eighteen (18) units in
professional education; and

(4) For teachers of vocational and two-year technical courses, a bachelor�s degree in the field
of specialization or its equivalent, with at least eighteen (18) units in professional education,"
Sec. 2. Section 26 of the same Act is hereby amended to read as follows:
"Sec 26. Registration and Exception. - No person shall engage in teaching and/or act as a
professional teacher as defined in this Act. whether in the preschool, elementary or secondary
level, unless the person is a duly registered professional teacher, and a holder of a valid
certificate of registration and a valid professional license or a holder of a valid special/temporary
permit.
Upon approval of the application and payment of the prescribed fees, the certificate of
registration and professional license as a professional teacher shall be issued without
examination as acquired in this Act to a qualified applicant, who is:
(a) A holder of a certificate of eligibility as a teacher issued by the Civil Service Commission and
the Department of Education, Culture and Sports; or
(b) A registered professional teacher with the National Board for Teachers under the
Department of Education, Culture and Sports (DECS) pursuant to Presidential Decree No.
1006.
Professional teachers who have not practiced their profession for the past five (5) years shall
take at least twelve (12) units of education courses, consisting of a least six (6) units of
pedagogy and six (6) units of context courses or the equivalent training and number 1 hours to
be chosen from a list of courses to be provided by the Board and the Department of Education,
before they can be allowed to practice their profession in the country.
Those who have failed the licensure examination for professional teachers, with a rating of not
lower than five percentage points from the passing general average rating, shall be eligible as
para-teachers upon issuance by the Board of a two-year special permit, renewable for a non-
extendible period of two (2) years The para-teachers shall be assigned to areas where there is a
shortage or absence of a professional teacher, as identified and provided by the Department of
Education and the Autonomous Region for Muslim Mindanao (ARMM) education department to
the Board for professional teachers and to the Commission. The special permit shall indicate the
area of assignment of the para-teacher.
A special permit may also be issued by the Board to a person who has excelled and gained
international recognition and is a widely acknowledged expert in his or her respective field of
specialization."
Sec. 3. Section 31 of the same Act is hereby amended to read as follows:
"Sec. 31. Transitory Provision. � Special permits, with a validity of three (3) and five (5) years.
issued to para-teachers by the Board for Professional Teachers before the effectivity of this Act
shall be allowed to expire based on the period granted therein: Provided, That only special
permits with a validity of three (3) years maybe renewed upon expiration for a non-extendible
period of two (2) years."
Sec. 4. References to the term "Department of Education, Culture and Sports", in Section 4 (a)
and Section 25, and the term "DECS" in Section 20, of the same Act, are hereby amended to
read as "Department of Education" DepEd", respectively.
Sec. 5. Separability Clause. - If, for any reason, any section or provision of this Act or the
application of such section in provision to any person in circumstance is declared
unconstitutional or invalid, no other section or provision of this Act shall be affected thereby.
Sec. 6. Repealing Clause. - All laws, decrees, circulars, administrative orders, rules and
regulations, and other issuances which are inconsistent with the provisions of this Act am
hereby repealed or modified accordingly.

Sec. 7. Effectivity. � This Act shall take effect upon approval.

Approved:
FRANKLIN DRILON
President of the Senate

JOSE DE VENECIA JR.

Speaker of the House of Representatives

This Act which is a consolidation of Senate Bill No. 2698 and House Bill No. 5411 was finally
passed by the Senate and House of Representatives on February 6, 2004 and February 7, 2004
respectively.

OSCAR G G. YABES
Secretary of Senate
ROBERTO P. NAZARENO
Secretary General
House of Represenatives
Approved: April 21, 2004
GLORIA MACAPAGAL-ARROYO
President of the Philippines

References : https://www.chanrobles.com/republicactno9293.html#.YFxSmRgRWyU
 B. PROFESSIONAL ETHICS

CODE OF ETHICS FOR PROFESSIONAL TEACHERS

Pursuant to the provisions of paragraph (e), Article 11, of R. A,. No. 7836,
otherwise known as the Philippines Professionalization Act of 1994 and Paragraph
(a), section 6, P.D. No. 223, as amended, the Board for Professional Teachers
hereby adopt the Code of Ethics for Professional Teachers.

PREAMBLE

Teachers are duly licensed professionals who possesses dignity and

reputation with high moral values as well as technical and professional competence
in the practice of their noble profession, they strictly adhere to, observe, and practice
this set of ethicaland moral principles, standards, and values.

ARTICLE I

SCOPE AND LIMITATIONS

Section 1. The Philippine Constitution provides that all educational institution

shall offer quality education for all competent teachers committed of it’s full
realization The provision of this Code shall apply, therefore, to all teachers in schools
in the Philippines.

Section 2. This Code covers all public and private school teachers in all
educational institutions at the preschool, primary, elementary, and secondary levels
whether academic, vocational, special, technical, or non-formal. The term “teacher”
shall include industrial arts or vocational teachers and all other persons performing
supervisory and /or administrative functions in all school at the aforesaid levels,
whether on full time or part-time basis.
 ARTICLE II

THE TEACHER AND THE STATE

Section 1. The schools are the nurserles of the future citizens of the state;
each teacher is a trustee of the cultural and educational heritage of the nation and
is under obligation to transmit to learners such heritage as well as to elevate national
morality, promote national pride, cultivate love of country, instill allegiance to the
constitution and for all duly constituted authorities, and promote obedience to the
laws of the state.

Section 2. Every teacher or school official shall actively help carryout the
declared policies of the state, and shall take an oath to this effect.

Section 3. In the interest of the State and of the Filipino people as much
as of his own, every teacher shall be physically, mentally and morally fit.
Section 4. Every teacher shall possess and actualize a full commitment and
devotion to duty.

Section 5. A teacher shall not engage in the promotion of any political,

religious, or other partisan interest, and shall not, directly or indirectly, solicit, require,
collect, or receive any money or service or other valuable material from any person
or entity for such purposes

Section 6. Every teacher shall vote and shall exercise all other constitutional
rights and responsibility.

Section 7. A teacher shall not use his position or facial authority or influence
to coerce any other person to follow any political course of action.

Section 8. Every teacher shall enjoy academic freedom and shall have
privilege of expounding the product of his researches and investigations; provided
that, if the results are inimical to the declared policies of the State, they shall be
brought to the proper authorities for appropriate remedial action.

ARTICLE III

THE TEACHER AND THE COMMUNITY

Section 1. A teacher is a facilitator of learning and of the development of the

youth; he shall, therefore, render the best service by providing an environment
conducive to such learning and growth.

Section 2. Every teacher shall provide leadership and initiative to actively

participate in community movements for moral, social, educational, economic and
civic betterment.

Section 3. Every teacher shall merit reasonable social recognition for which
purpose he shall behave with honor and dignity at all times and refrain for
such activities as gambling, smoking, drunkenness, and other excesses, much
less illicit relations.

Section 4. Every teacher shall live for and with the community and shall,
therefore, study and understand local customs and traditions in order to have
sympathetic attitude, therefore, refrain from disparaging the community.

Section 5. Every teacher shall help the school keep the people in the
community informed about the school’s work and accomplishments as well as its
needs andproblems.

Section 6. Every teacher is intellectual leader in the community, especially in

the barangay, and shall welcome the opportunity to provide such leadership when
needed, to extend counseling services, as appropriate, and to actively be involved
in matters affecting the welfare of the people.

Section 7. Every teacher shall maintain harmonious and pleasant personal

and official relations with other professionals, with government officials, and with the
people, individually or collectively.

Section 8. A teacher posses freedom to attend church and worships as

appropriate, but shall not use his positions and influence to proselyte others.

ARTICLE IV

A TEACHER AND THE PROFESSION

Section 1. Every teacher shall actively insure that teaching is the noblest
profession, and shall manifest genuine enthusiasm and pride in teaching as a noble
calling.

Section 2. Every teacher shall uphold the highest possible standards of

quality education, shall make the best preparations for the career of teaching, and
shall be at his best at all times and in the practice of his profession.

Section 3. Every teacher shall participate in the Continuing Professional Education

(CPE) program of the Professional Regulation Commission, and shall pursue such
other studies as will improve his efficiency, enhance the prestige of the profession,
and strengthen his competence, virtues, and productivity in order to be nationally
and internationally competitive.

Section 4. Every teacher shall help, if duly authorized, to seek support from
the school, but shall not make improper misrepresentations through personal
advertisements and other questionable means.

Section 5. Every teacher shall use the teaching profession in a manner that
makes it dignified means for earning a descent living.
 ARTICLE V

THE TEACHERS AND THE PROFESSION

Section 1. Teacher shall, at all times, be imbued with the spirit of professional
loyalty, mutual confidence, and faith in one another, self sacrifice for the common
good, and full cooperation with colleagues. When the best interest of the learners,
the school, or the profession is at stake in any controversy, teacher shall support
one another.

Section2. A teacher is not entitled to claim credit or work not of his own, and
shall give due credit for the work of others which he may use.

Section3. Before leaving his position, a teacher shall organize for whoever
assumes the position such records and other data as are necessary to carry on
thework.

Section 4. A teacher shall hold inviolate all confidential information

concerning associates and the school, and shall not divulge to anyone documents
which has not been officially released, or remove records from the files without
permission.

Section 5. It shall be the responsibility of every teacher to seek correctives

for what he may appear to be an unprofessional and unethical conduct of any
associates. However, this may be done only if there is incontrovertible evidence for
such conduct.

Section 6. A teacher may submit to the proper authorities any justifiable

criticism against an associate, preferably in writing, without violating the right of the
individual concerned.

Section 7. A teacher may apply for a vacant position for which he is qualified;
provided that he respects the system of selection on the basis of merit and
competence; provided, further, that all qualified candidates are given the opportunity
 to be considered.
ARTICLE VI

THE TEACHER AND HIGHER AUTHORITIES IN THE PROFESSIONS

Section 1. Every teacher shall make it his duties to make an honest effort to
understand and support the legitimate policies of the school and the administration
regardless of personal feeling or private opinion and shall faithfully carry them out.

Section 2. A teacher shall not make any false accusations or charges against
superiors, especially under anonymity. However, if there are valid charges, he
should present such under oath to competent authority.

Section 3. A teacher shall transact all official business through channels

except when special conditions warrant a different procedure, such as when special
conditions are advocated but are opposed by immediate superiors, in which case,
the teacher shall appeal directly to the appropriate higher authority..

Section 4. Every teacher, individually or as part of a group, has a right to seek

redress against injustice to the administration and to extent possible, shall raise
grievances within acceptable democratic possesses. In doing so, they shall avoid
jeopardizing the interest and the welfare of learners whose right to learn must be
respected.

Section 5. Every teacher has a right to invoke the principle that appointments,
promotions, and transfer of teachers are made only on the basis of merit and needed
in the interest of the service.
Section 6. A teacher who accepts a position assumes a contractual obligation
to live up to his contract, assuming full knowledge of employment terms and conditions.

ARTICLE VII

SCHOOL OFFICIALS TEACHERS AND OTHER PERSONNEL

 Section 1. All school officials shall at all times show professional courtesy,
helpfulness and sympathy towards teachers and other personnel, such practices
being standards of effective school supervision, dignified administration, responsible
leadership and enlighten directions.

Section 2. School officials, teachers, and other school personnel shall

consider ittheir cooperative responsibility to formulate policies or introduce important
changes in the system at all levels.

Section 3. School officials shall encourage and attend the professional growth
of all teachers under them such as recommending them for promotion, giving them
due recognition for meritorious performance, and allowing them to participate in
conferences in training programs.

Section 4. No school officials shall dismiss or recommend for dismissal a

teacheror other subordinates except for cause.

Section 5. School authorities concern shall ensure that public school teachers
are employed in accordance with pertinent civil service rules, and private school
teachers are issued contracts specifying the terms and conditions of their work;
provided that they are given, if qualified, subsequent permanent tenure, in
accordance with existing laws.

ARTICLE VIII

THE TEACHERS AND LEARNERS

Section 1. A teacher has a right and duty to determine the academic marks
and the promotions of learners in the subject or grades he handles, such
determination shall be in accordance with generally accepted procedures of
evaluation and measurement. In case of any complaint, teachers concerned shall
immediately take appropriate actions, of serving due process.

Section 2. A teacher shall recognize that the interest and welfare of learners
are of first and foremost concerns, and shall deal justifiably and impartially with each
of them.
Section 3. Under no circumstance shall a teacher be prejudiced nor
discriminated against by the learner.

Section 4. A teacher shall not accept favors or gifts from learners, their
parents or others in their behalf in exchange for requested concessions, especially
if undeserved.

Section 5. A teacher shall not accept, directly or indirectly, any remuneration

from tutorials other what is authorized for such service.

Section 6. A teacher shall base the evaluation of the learner’s work only in
merit and quality of academic performance.

Section 7. In a situation where mutual attraction and subsequent love develop

between teacher and learner, the teacher shall exercise utmost professional
discretionto avoid scandal, gossip and preferential treatment of the learner.

Section 8. A teacher shall not inflict corporal punishment on offending

learners nor make deductions from their scholastic ratings as a punishment for acts
which are clearly not manifestation of poor scholarship.

Section 9. A teacher shall ensure that conditions contribute to the maximum

development of learners are adequate, and shall extend needed assistance in
preventingor solving learner’s problems and difficulties.

ARTICLE IX

THE TEACHERS AND PARENTS

Section 1. Every teacher shall establish and maintain cordial relations with
parents, and shall conduct himself to merit their confidence and respect.
 Section 2. Every teacher shall inform parents, through proper authorities, of
the progress and deficiencies of learner under him, exercising utmost candor and
tact in

pointing out learners deficiencies and in seeking parent’s cooperation for the
properguidance and improvement of the learners.

Section 3. A teacher shall hear parent’s complaints with sympathy and

understanding, and shall discourage unfair criticism.

ARTICLE X

THE TEACHER AND BUSINESS

Section 1. A teacher has the right to engage, directly or indirectly, in legitimate

income generation; provided that it does not relate to or adversely affect his work as
a teacher.

Section 2. A teacher shall maintain a good reputation with respect to the

financial matters such as in the settlement of his debts and loans in arranging
satisfactorily his private financial affairs.

Section 3. No teacher shall act, directly or indirectly, as agent of, or be

financially interested in, any commercial venture which furnish textbooks and other
school commodities in the purchase and disposal of which he can exercise official
influence, except only when his assignment is inherently, related to such purchase
and disposal; provided they shall be in accordance with the existing regulations;
provided, further, that members of duly recognized teachers cooperatives may
participate in the distribution and sale of such commodities.

ARTICLE XI

THE TEACHER AS A PERSON

 Section 1. A teacher is, above all, a human being endowed with life for which
it is the highest obligation to live with dignity at all times whether in school, in the
home, or elsewhere.

Section 2. A teacher shall place premium upon self-discipline as the primary

principles of personal behavior in all relationships with others and in all situations.

Section 3. A teacher shall maintain at all times a dignified personality which

could serve as a model worthy of emulation by learners, peers and all others.

Section 4. A teacher shall always recognize the Almighty God as guide of

his own destiny and of the destinies of men and nations.

ARTICLE XII DISCIPLINARY

ACTIONS

Section 1. Any violation of any provisions of this code shall be sufficient

ground
for the imposition against the erring teacher of the disciplinary action consisting of
revocation of his Certification of Registration and License as a Professional Teacher,
suspension from the practice of teaching profession, reprimand or cancellation of
his temporary/special permit under causes specified in Sec. 23, Article III or R.A.
No. 7836,and under Rule 31, Article VIII, of the Rules and Regulations Implementing
R.A. 7836.
ARTICLE XIII

EFFECTIVITY

Section 1. This Code shall take effect upon approval by the Professional
Regulation Commission and after sixty (60) days following it’s publication in the
official Gazette or any newspaper of general circulation, whichever is earlier.

References:
http://teachercodes.iiep.unesco.org/teachercodes/codes/Asia/Philippines.pdf
Republic Act No. 6713

February 20, 1989

AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL STANDARDS FOR

PUBLIC OFFICIALS AND EMPLOYEES, TO UPHOLD THE TIME-HONORED
PRINCIPLE OF PUBLIC OFFICE BEING A PUBLIC TRUST, GRANTING
INCENTIVES AND REWARDS FOR EXEMPLARY SERVICE, ENUMERATING
PROHIBITED ACTS AND TRANSACTIONS AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF AND FOR OTHER PURPOSES

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

Congress assembled:

Section 1. Title. - This Act shall be known as the "Code of Conduct and Ethical
Standards for Public Officials and Employees."

Section 2. Declaration of Policies. - It is the policy of the State to promote a high

standard of ethics in public service. Public officials and employees shall at all times be
accountable to the people and shall discharge their duties with utmost responsibility,
integrity, competence, and loyalty, act with patriotism and justice, lead modest lives, and
uphold public interest over personal interest.

Section 3. Definition of Terms. - As used in this Act, the term:

(a) "Government" includes the National Government, the local governments, and
all other instrumentalities, agencies or branches of the Republic of the
Philippines including government-owned or controlled corporations, and their
subsidiaries.lawphi1.net

(b) "Public Officials" includes elective and appointive officials and employees,
permanent or temporary, whether in the career or non-career service, including
military and police personnel, whether or not they receive compensation,
regardless of amount.

(c) "Gift" refers to a thing or a right to dispose of gratuitously, or any act or

liberality, in favor of another who accepts it, and shall include a simulated sale or
an ostensibly onerous disposition thereof. It shall not include an unsolicited gift of
nominal or insignificant value not given in anticipation of, or in exchange for, a
favor from a public official or employee.
 (d) "Receiving any gift" includes the act of accepting directly or indirectly, a gift
from a person other than a member of his family or relative as defined in this Act,
even on the occasion of a family celebration or national festivity like Christmas, if
the value of the gift is neither nominal nor insignificant, or the gift is given in
anticipation of, or in exchange for, a favor.

(e) "Loan" covers both simple loan and commodatum as well as guarantees,
financing arrangements or accommodations intended to ensure its approval.

(f) "Substantial stockholder" means any person who owns, directly or indirectly,
shares of stock sufficient to elect a director of a corporation. This term shall also
apply to the parties to a voting trust.

(g) "Family of public officials or employees" means their spouses and unmarried
children under eighteen (18) years of age.

(h) "Person" includes natural and juridical persons unless the context indicates
otherwise.

(i) "Conflict of interest" arises when a public official or employee is a member of a

board, an officer, or a substantial stockholder of a private corporation or owner or
has a substantial interest in a business, and the interest of such corporation or
business, or his rights or duties therein, may be opposed to or affected by the
faithful performance of official duty.

(j) "Divestment" is the transfer of title or disposal of interest in property by

voluntarily, completely and actually depriving or dispossessing oneself of his right
or title to it in favor of a person or persons other than his spouse and relatives as
defined in this Act.

(k) "Relatives" refers to any and all persons related to a public official or
employee within the fourth civil degree of consanguinity or affinity, including bilas,
inso and balae.

Section 4. Norms of Conduct of Public Officials and Employees. - (A) Every public
official and employee shall observe the following as standards of personal conduct in
the discharge and execution of official duties:

(a) Commitment to public interest. - Public officials and employees shall

always uphold the public interest over and above personal interest. All
government resources and powers of their respective offices must be
employed and used efficiently, effectively, honestly and economically,
particularly to avoid wastage in public funds and revenues.

(b) Professionalism. - Public officials and employees shall perform and

discharge their duties with the highest degree of excellence,
professionalism, intelligence and skill. They shall enter public service with
utmost devotion and dedication to duty. They shall endeavor to discourage
wrong perceptions of their roles as dispensers or peddlers of undue
patronage.

(c) Justness and sincerity. - Public officials and employees shall remain
true to the people at all times. They must act with justness and sincerity
and shall not discriminate against anyone, especially the poor and the
underprivileged. They shall at all times respect the rights of others, and
shall refrain from doing acts contrary to law, good morals, good customs,
public policy, public order, public safety and public interest. They shall not
dispense or extend undue favors on account of their office to their
relatives whether by consanguinity or affinity except with respect to
appointments of such relatives to positions considered strictly confidential
or as members of their personal staff whose terms are coterminous with
theirs.

(d) Political neutrality. - Public officials and employees shall provide

service to everyone without unfair discrimination and regardless of party
affiliation or preference.

(e) Responsiveness to the public. - Public officials and employees shall

extend prompt, courteous, and adequate service to the public. Unless
otherwise provided by law or when required by the public interest, public
officials and employees shall provide information of their policies and
procedures in clear and understandable language, ensure openness of
information, public consultations and hearings whenever appropriate,
encourage suggestions, simplify and systematize policy, rules and
procedures, avoid red tape and develop an understanding and
appreciation of the socio-economic conditions prevailing in the country,
especially in the depressed rural and urban areas.

(f) Nationalism and patriotism. - Public officials and employees shall at all
times be loyal to the Republic and to the Filipino people, promote the use
of locally produced goods, resources and technology and encourage
appreciation and pride of country and people. They shall endeavor to
maintain and defend Philippine sovereignty against foreign intrusion.

(g) Commitment to democracy. - Public officials and employees shall

commit themselves to the democratic way of life and values, maintain the
principle of public accountability, and manifest by deeds the supremacy of
civilian authority over the military. They shall at all times uphold the
Constitution and put loyalty to country above loyalty to persons or party.
 (h) Simple living. - Public officials and employees and their families shall
lead modest lives appropriate to their positions and income. They shall not
indulge in extravagant or ostentatious display of wealth in any form.

(B) The Civil Service Commission shall adopt positive measures to promote (1)
observance of these standards including the dissemination of information
programs and workshops authorizing merit increases beyond regular progression
steps, to a limited number of employees recognized by their office colleagues to
be outstanding in their observance of ethical standards; and (2) continuing
research and experimentation on measures which provide positive motivation to
public officials and employees in raising the general level of observance of these
standards.

Section 5. Duties of Public Officials and Employees. - In the performance of their

duties, all public officials and employees are under obligation to:lawphi1.net

(a) Act promptly on letters and requests. - All public officials and employees shall,
within fifteen (15) working days from receipt thereof, respond to letters, telegrams
or other means of communications sent by the public. The reply must contain the
action taken on the request.

(b) Submit annual performance reports. - All heads or other responsible officers
of offices and agencies of the government and of government-owned or
controlled corporations shall, within forty-five (45) working days from the end of
the year, render a performance report of the agency or office or corporation
concerned. Such report shall be open and available to the public within regular
office hours.

(c) Process documents and papers expeditiously. - All official papers and
documents must be processed and completed within a reasonable time from the
preparation thereof and must contain, as far as practicable, not more than three
(3) signatories therein. In the absence of duly authorized signatories, the official
next-in-rank or officer in charge shall sign for and in their behalf.

(d) Act immediately on the public's personal transactions. - All public officials and
employees must attend to anyone who wants to avail himself of the services of
their offices and must, at all times, act promptly and expeditiously.

(e) Make documents accessible to the public. - All public documents must be
made accessible to, and readily available for inspection by, the public within
reasonable working hours.

Section 6. System of Incentives and Rewards. - A system of annual incentives and

rewards is hereby established in order to motivate and inspire public servants to uphold
the highest standards of ethics. For this purpose, a Committee on Awards to
Outstanding Public Officials and Employees is hereby created composed of the
following: the Ombudsman and Chairman of the Civil Service Commission as Co-
Chairmen, and the Chairman of the Commission on Audit, and two government
employees to be appointed by the President, as members.

It shall be the task of this Committee to conduct a periodic, continuing review of the
performance of public officials and employees, in all the branches and agencies of
Government and establish a system of annual incentives and rewards to the end that
due recognition is given to public officials and employees of outstanding merit on the
basis of the standards set forth in this Act.

The conferment of awards shall take into account, among other things, the following: the
years of service and the quality and consistency of performance, the obscurity of the
position, the level of salary, the unique and exemplary quality of a certain achievement,
and the risks or temptations inherent in the work. Incentives and rewards to government
officials and employees of the year to be announced in public ceremonies honoring
them may take the form of bonuses, citations, directorships in government-owned or
controlled corporations, local and foreign scholarship grants, paid vacations and the
like. They shall likewise be automatically promoted to the next higher position with the
commensurate salary suitable to their qualifications. In case there is no next higher
position or it is not vacant, said position shall be included in the budget of the office in
the next General Appropriations Act. The Committee on Awards shall adopt its own
rules to govern the conduct of its activities.

Section 7. Prohibited Acts and Transactions. - In addition to acts and omissions of

public officials and employees now prescribed in the Constitution and existing laws, the
following shall constitute prohibited acts and transactions of any public official and
employee and are hereby declared to be unlawful:

(a) Financial and material interest. - Public officials and employees shall not,
directly or indirectly, have any financial or material interest in any transaction
requiring the approval of their office.

(b) Outside employment and other activities related thereto. - Public officials and
employees during their incumbency shall not:

(1) Own, control, manage or accept employment as officer, employee,

consultant, counsel, broker, agent, trustee or nominee in any private
enterprise regulated, supervised or licensed by their office unless
expressly allowed by law;

(2) Engage in the private practice of their profession unless authorized by

the Constitution or law, provided, that such practice will not conflict or tend
to conflict with their official functions; or

(3) Recommend any person to any position in a private enterprise which

has a regular or pending official transaction with their office.
These prohibitions shall continue to apply for a period of one (1) year after
resignation, retirement, or separation from public office, except in the case of
subparagraph (b) (2) above, but the professional concerned cannot practice his
profession in connection with any matter before the office he used to be with, in
which case the one-year prohibition shall likewise apply.

(c) Disclosure and/or misuse of confidential information. - Public officials and

employees shall not use or divulge, confidential or classified information officially
known to them by reason of their office and not made available to the public,
either:

(1) To further their private interests, or give undue advantage to anyone;

or

(2) To prejudice the public interest.

(d) Solicitation or acceptance of gifts. - Public officials and employees shall not
solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan
or anything of monetary value from any person in the course of their official
duties or in connection with any operation being regulated by, or any transaction
which may be affected by the functions of their office.

As to gifts or grants from foreign governments, the Congress consents to:

(i) The acceptance and retention by a public official or employee of a gift

of nominal value tendered and received as a souvenir or mark of courtesy;

(ii) The acceptance by a public official or employee of a gift in the nature of

a scholarship or fellowship grant or medical treatment; or

(iii) The acceptance by a public official or employee of travel grants or

expenses for travel taking place entirely outside the Philippine (such as
allowances, transportation, food, and lodging) of more than nominal value
if such acceptance is appropriate or consistent with the interests of the
Philippines, and permitted by the head of office, branch or agency to
which he belongs.

The Ombudsman shall prescribe such regulations as may be necessary to carry

out the purpose of this subsection, including pertinent reporting and disclosure
requirements.

Nothing in this Act shall be construed to restrict or prohibit any educational,

scientific or cultural exchange programs subject to national security
requirements.
Section 8. Statements and Disclosure. - Public officials and employees have an
obligation to accomplish and submit declarations under oath of, and the public has the
right to know, their assets, liabilities, net worth and financial and business interests
including those of their spouses and of unmarried children under eighteen (18) years of
age living in their households.

(A) Statements of Assets and Liabilities and Financial Disclosure. - All public
officials and employees, except those who serve in an honorary capacity,
laborers and casual or temporary workers, shall file under oath their Statement of
Assets, Liabilities and Net Worth and a Disclosure of Business Interests and
Financial Connections and those of their spouses and unmarried children under
eighteen (18) years of age living in their households.

The two documents shall contain information on the following:

(a) real property, its improvements, acquisition costs, assessed value and
current fair market value;

(b) personal property and acquisition cost;

(c) all other assets such as investments, cash on hand or in banks, stocks,
bonds, and the like;

(d) liabilities, and;

(e) all business interests and financial connections.

The documents must be filed:

(a) within thirty (30) days after assumption of office;

(b) on or before April 30, of every year thereafter; and

(c) within thirty (30) days after separation from the service.

All public officials and employees required under this section to file the
aforestated documents shall also execute, within thirty (30) days from the date of
their assumption of office, the necessary authority in favor of the Ombudsman to
obtain from all appropriate government agencies, including the Bureau of Internal
Revenue, such documents as may show their assets, liabilities, net worth, and
also their business interests and financial connections in previous years,
including, if possible, the year when they first assumed any office in the
Government.

Husband and wife who are both public officials or employees may file the
required statements jointly or separately.
 The Statements of Assets, Liabilities and Net Worth and the Disclosure of
Business Interests and Financial Connections shall be filed by:

(1) Constitutional and national elective officials, with the national office of
the Ombudsman;

(2) Senators and Congressmen, with the Secretaries of the Senate and
the House of Representatives, respectively; Justices, with the Clerk of
Court of the Supreme Court; Judges, with the Court Administrator; and all
national executive officials with the Office of the President.

(3) Regional and local officials and employees, with the Deputy
Ombudsman in their respective regions;

(4) Officers of the armed forces from the rank of colonel or naval captain,
with the Office of the President, and those below said ranks, with the
Deputy Ombudsman in their respective regions; and

(5) All other public officials and employees, defined in Republic Act No.
3019, as amended, with the Civil Service Commission.

(B) Identification and disclosure of relatives. - It shall be the duty of every public official
or employee to identify and disclose, to the best of his knowledge and information, his
relatives in the Government in the form, manner and frequency prescribed by the Civil
Service Commission.

(C) Accessibility of documents. - (1) Any and all statements filed under this Act, shall be
made available for inspection at reasonable hours.

(2) Such statements shall be made available for copying or reproduction after ten
(10) working days from the time they are filed as required by law.

(3) Any person requesting a copy of a statement shall be required to pay a

reasonable fee to cover the cost of reproduction and mailing of such statement,
as well as the cost of certification.

(4) Any statement filed under this Act shall be available to the public for a period
of ten (10) years after receipt of the statement. After such period, the statement
may be destroyed unless needed in an ongoing investigation.

(D) Prohibited acts. - It shall be unlawful for any person to obtain or use any statement
filed under this Act for:

(a) any purpose contrary to morals or public policy; or

 (b) any commercial purpose other than by news and communications media for
dissemination to the general public.

Section 9. Divestment. - A public official or employee shall avoid conflicts of interest at

all times. When a conflict of interest arises, he shall resign from his position in any
private business enterprise within thirty (30) days from his assumption of office and/or
divest himself of his shareholdings or interest within sixty (60) days from such
assumption.

The same rule shall apply where the public official or employee is a partner in a
partnership.

The requirement of divestment shall not apply to those who serve the Government in an
honorary capacity nor to laborers and casual or temporary workers.

Section 10. Review and Compliance Procedure. - (a) The designated Committees of
both Houses of the Congress shall establish procedures for the review of statements to
determine whether said statements which have been submitted on time, are complete,
and are in proper form. In the event a determination is made that a statement is not so
filed, the appropriate Committee shall so inform the reporting individual and direct him to
take the necessary corrective action.

(b) In order to carry out their responsibilities under this Act, the designated
Committees of both Houses of Congress shall have the power within their
respective jurisdictions, to render any opinion interpreting this Act, in writing, to
persons covered by this Act, subject in each instance to the approval by
affirmative vote of the majority of the particular House concerned.

The individual to whom an opinion is rendered, and any other individual involved
in a similar factual situation, and who, after issuance of the opinion acts in good
faith in accordance with it shall not be subject to any sanction provided in this
Act.

(c) The heads of other offices shall perform the duties stated in subsections (a)
and (b) hereof insofar as their respective offices are concerned, subject to the
approval of the Secretary of Justice, in the case of the Executive Department and
the Chief Justice of the Supreme Court, in the case of the Judicial Department.

Section 11. Penalties. - (a) Any public official or employee, regardless of whether or not
he holds office or employment in a casual, temporary, holdover, permanent or regular
capacity, committing any violation of this Act shall be punished with a fine not exceeding
the equivalent of six (6) months' salary or suspension not exceeding one (1) year, or
removal depending on the gravity of the offense after due notice and hearing by the
appropriate body or agency. If the violation is punishable by a heavier penalty under
another law, he shall be prosecuted under the latter statute. Violations of Sections 7, 8
or 9 of this Act shall be punishable with imprisonment not exceeding five (5) years, or a
fine not exceeding five thousand pesos (P5,000), or both, and, in the discretion of the
court of competent jurisdiction, disqualification to hold public office.

(b) Any violation hereof proven in a proper administrative proceeding shall be

sufficient cause for removal or dismissal of a public official or employee, even if
no criminal prosecution is instituted against him.

(c) Private individuals who participate in conspiracy as co-principals, accomplices

or accessories, with public officials or employees, in violation of this Act, shall be
subject to the same penal liabilities as the public officials or employees and shall
be tried jointly with them.

(d) The official or employee concerned may bring an action against any person
who obtains or uses a report for any purpose prohibited by Section 8 (D) of this
Act. The Court in which such action is brought may assess against such person a
penalty in any amount not to exceed twenty-five thousand pesos (P25,000). If
another sanction hereunder or under any other law is heavier, the latter shall
apply.

Section 12. Promulgation of Rules and Regulations, Administration and Enforcement of

this Act. - The Civil Service Commission shall have the primary responsibility for the
administration and enforcement of this Act. It shall transmit all cases for prosecution
arising from violations of this Act to the proper authorities for appropriate action:
Provided, however, That it may institute such administrative actions and disciplinary
measures as may be warranted in accordance with law. Nothing in this provision shall
be construed as a deprivation of the right of each House of Congress to discipline its
Members for disorderly behavior.

The Civil Service Commission is hereby authorized to promulgate rules and regulations
necessary to carry out the provisions of this Act, including guidelines for individuals who
render free voluntary service to the Government. The Ombudsman shall likewise take
steps to protect citizens who denounce acts or omissions of public officials and
employees which are in violation of this Act.

Section 13. Provisions for More Stringent Standards. - Nothing in this Act shall be
construed to derogate from any law, or any regulation prescribed by any body or
agency, which provides for more stringent standards for its official and employees.

Section 14. Appropriations. - The sum necessary for the effective implementation of
this Act shall be taken from the appropriations of the Civil Service Commission.
Thereafter, such sum as may be needed for its continued implementation shall be
included in the annual General Appropriations Act.

Section 15. Separability Clause. - If any provision of this Act or the application of such
provision to any person or circumstance is declared invalid, the remainder of the Act or
the application of such provision to other persons or circumstances shall not be affected
by such declaration.

Section 16. Repealing Clause. - All laws, decrees and orders or parts thereof
inconsistent herewith, are deemed repealed or modified accordingly, unless the same
provide for a heavier penalty.

Section 17. Effectivity. - This Act shall take effect after thirty (30) days following the
completion of its publication in the Official Gazette or in two (2) national newspapers of
general circulation.

Approved, February 20, 1989.

References:
https://lawphil.net/statutes/repacts/ra1989/ra_6713_1989.html#:~:text=Public%20official
s%20and%20employees%20shall,public%20interest%20over%20personal%20interest.
REPUBLIC ACT No. 4670
THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS

I. DECLARATION OF POLICY COVERAGE

Section 1. Declaration of Policy. It is hereby declared to be the policy of this Act to promote and
improve the social and economic status of public school teachers, their living and working
conditions, their terms of employment and career prospects in order that they may compare
favourably 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 counsellors, 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. Education authorities shall refuse to allow the rendition of services of teachers for other
1âшphi1

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 wilfully interfere with, restrain or coerce any
teacher in the exercise of his rights guaranteed by this Act or who shall in any other manner commit
any act to defeat any of the provisions of this Act shall, upon conviction, be punished by a fine of not
less than one hundred pesos nor more than one thousand pesos, or by imprisonment, in the
discretion of the court.

If the offender is a public official, the court shall order his dismissal from the Government service.

Section 33. Repealing Clause. All Acts or parts of Acts, executive orders and their implementing
rules inconsistent with the provisions of this Act are hereby repealed, amended or modified
accordingly.

Section 34. Separability Clause. If any provision of this Act is declared invalid, the remainder of this
Act or any provisions not affected thereby shall remain in force and in effect.

Section 35. This Act shall take effect upon its approval.

Approved: June 18, 1966

Reference: https://lawphil.net/statutes/repacts/ra1966/ra_4670_1966.html
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 counselling 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 tranquillity 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 enrolment 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.

References: https://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.html
Commonwealth Act 578

[ Commonwealth Act No. 578, June 08, 1940 ]

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."
Be it enacted by the National Assembly of the Philippines:

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:

"ART. 152. Persons in authority - Who shall be deemed as such. - In applying the
provisions of the preceeding and other articles of this Code, any persons directly vested
with jurisdiction, whether as in 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."
SEC. 2. This Act shall take effect on its approval.

Enacted, without Executive approval, June 8, 1940.

References:

https://www.officialgazette.gov.ph/1976/09/22/presidential-decree-no-1006-s-1976/

https://www.prc.gov.ph/uploaded/documents/PROFESSIONAL%20TEACHERS-
LAW1.PDF

https://www.prc.gov.ph/uploaded/documents/PROFESSIONAL%20TEACHERS-
LAW1.PDF

http://teachercodes.iiep.unesco.org/teachercodes/codes/Asia/Philippines.pd

https://lawphil.net/statutes/repacts/ra1989/ra_6713_1989.html#:~:text=Public%20official
s%20and%20employees%20shall,public%20interest%20over%20personal%20interest.

https://lawphil.net/statutes/repacts/ra1966/ra_4670_1966.html

https://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.html

https://lawyerly.ph/laws/view/l8e98#:~:text=AN%20ACT%20TO%20AMEND%20ARTIC
LE,TERM%20%22PERSONS%20IN%20AUTHORITY.%22