Professional Documents
Culture Documents
18
RA 10533 K to 12 Education
Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand
twelve.
REPUBLIC ACT No. 10533
The DepED shall include among others, in this midterm report, the following key metrics of
access to and quality of basic education: (a) participation rate; (b) retention rate; (c) National
Achievement Test results; (d) completion rate; (e) teachers’ welfare and training profiles; (f)
adequacy of funding requirements; and (g) other learning facilities including, but not limited
to, computer and science laboratories, libraries and library hubs, and sports, music and arts.
Section 15. Commitment to International Benchmarks. — The DepED shall endeavor to
increase the per capita spending on education towards the immediate attainment of
international benchmarks.
Section 16. Implementing Rules and Regulations. — Within ninety (90) days after the
effectivity of this Act, the DepED Secretary, the CHED Chairperson and the TESDA Director-
General shall promulgate the rules and regulations needed for the implementation of this Act.
Section 17. Separability Clause. — If any provision of this Act is held invalid or
unconstitutional, the same shall not affect the validity and effectivity of the other provisions
hereof.
Section 18. Repealing Clause. — Pertinent provisions of Batas Pambansa Blg. 232 or the
"Education Act of 1982″, Republic Act No. 9155 or the "Governance of Basic Education.
Act of 2001″, Republic Act No. 9258, Republic Act No. 7836, and all other laws, decrees,
executive orders and rules and regulations contrary to or inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.
Section 19. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved,
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5.
May
18
RA 10533 K to 12 Education
Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two
thousand twelve.
Section 1. Short Title. — This Act shall be known as the "Enhanced Basic Education
Act of 2013″.
Section 2. Declaration of Policy. — The State shall establish, maintain and support a
complete, adequate, and integrated system of education relevant to the needs of the
people, the country and society-at-large.
Likewise, it is hereby declared the policy of the State that every graduate of basic
education shall be an empowered individual who has learned, through a program
that is rooted on sound educational principles and geared towards excellence, the
foundations for learning throughout life, the competence to engage in work and be
productive, the ability to coexist in fruitful harmony with local and global communities,
the capability to engage in autonomous, creative, and critical thinking, and the
capacity and willingness to transform others and one’s self.
For this purpose, the State shall create a functional basic education system that will
develop productive and responsible citizens equipped with the essential
competencies, skills and values for both life-long learning and employment. In order
to achieve this, the State shall:
(b) Broaden the goals of high school education for college preparation,
vocational and technical career opportunities as well as creative arts, sports
and entrepreneurial employment in a rapidly changing and increasingly
globalized environment; and
Kindergarten education shall mean one (1) year of preparatory education for children
at least five (5) years old as a prerequisite for Grade I.
For kindergarten and the first three (3) years of elementary education, instruction,
teaching materials and assessment shall be in the regional or native language of the
learners. The Department of Education (DepED) shall formulate a mother language
transition program from Grade 4 to Grade 6 so that Filipino and English shall be
gradually introduced as languages of instruction until such time when these two (2)
languages can become the primary languages of instruction at the secondary level.
For purposes of this Act, mother language or first Language (LI) refers to language or
languages first learned by a child, which he/she identifies with, is identified as a
native language user of by others, which he/she knows best, or uses most. This
includes Filipino sign language used by individuals with pertinent disabilities. The
regional or native language refers to the traditional speech variety or variety of
Filipino sign language existing in a region, area or place.
Section 5. Curriculum Development. — The DepED shall formulate the design and
details of the enhanced basic education curriculum. It shall work with the
Commission on Higher Education (CHED) to craft harmonized basic and tertiary
curricula for the global competitiveness of Filipino graduates. To ensure college
readiness and to avoid remedial and duplication of basic education subjects, the
DepED shall coordinate with the CHED and the Technical Education and Skills
Development Authority (TESDA).
The DepED shall adhere to the following standards and principles in developing the
enhanced basic education curriculum:
(e) The curriculum shall use pedagogical approaches that are constructivist,
inquiry-based, reflective, collaborative and integrative;
(f) The curriculum shall adhere to the principles and framework of Mother
Tongue-Based Multilingual Education (MTB-MLE) which starts from where
the learners are and from what they already knew proceeding from the
known to the unknown; instructional materials and capable teachers to
implement the MTB-MLE curriculum shall be available;
(g) The curriculum shall use the spiral progression approach to ensure
mastery of knowledge and skills after each level; and
(h) The curriculum shall be flexible enough to enable and allow schools to
localize, indigenize and enhance the same based on their respective
educational and social contexts. The production and development of locally
produced teaching materials shall be encouraged and approval of these
materials shall devolve to the regional and division education units.
Section 7. Teacher Education and Training. — To ensure that the enhanced basic
education program meets the demand for quality teachers and school leaders, the
DepED and the CHED, in collaboration with relevant partners in government,
academe, industry, and nongovernmental organizations, shall conduct teacher
education and training programs, as specified:
The DepED shall ensure that private education institutions shall be given the
opportunity to avail of such training.
(d) The DepED and private education institutions may hire practitioners, with
expertise in the specialized learning areas offered by the Basic Education
Curriculum, to teach in the secondary level; Provided, That they teach on
part-time basis only. For this purpose, the DepED, in coordination with the
appropriate government agencies, shall determine the necessary
qualification standards in hiring these experts.
The DepED shall engage the services of private education institutions and non-
DepED schools offering senior high school through the programs under Republic Act
No. 8545, and other financial arrangements formulated by the DepED and the
Department of Budget and Management (DBM) based on the principles of public-
private partnership.
Section 12. Transitory Provisions. — The DepED, the CHED and the TESDA shall
formulate the appropriate strategies and mechanisms needed to ensure smooth
transition from the existing ten (10) years basic education cycle to the enhanced
basic education (K to 12) cycle. The strategies may cover changes in physical
infrastructure, manpower, organizational and structural concerns, bridging models
linking grade 10 competencies and the entry requirements of new tertiary curricula,
and partnerships between the government and other entities. Modeling for senior
high school may be implemented in selected schools to simulate the transition
process and provide concrete data for the transition plan.
To manage the initial implementation of the enhanced basic education program and
mitigate the expected multi-year low enrolment turnout for HEIs and Technical
Vocational Institutions (TVIs) starting School Year 2016-2017, the DepED shall
engage in partnerships with HEIs and TVIs for the utilization of the latter’s human
and physical resources. Moreover, the DepED, the CHED, the TESDA, the TVIs and
the HEIs shall coordinate closely with one another to implement strategies that
ensure the academic, physical, financial, and human resource capabilities of HEIs
and TVIs to provide educational and training services for graduates of the enhanced
basic education program to ensure that they are not adversely affected. The faculty
of HEIs and TVIs allowed to teach students of secondary education under Section 8
hereof, shall be given priority in hiring for the duration of the transition period. For this
purpose, the transition period shall be provided for in the implementing rules and
regulations (IRK).
The Oversight Committee shall be composed of five (5) members each from the
Senate and from the House of Representatives, including Chairs of the Committees
on Education, Arts and Culture, and Finance of both Houses. The membership of the
Committee for every House shall have at least two (2) opposition or minority
members.
Section 14. Mandatory Evaluation and Review. — By the end of School Year 2014-
2015, the DepED shall conduct a mandatory review and submit a midterm report to
Congress as to the status of implementation of the K to 12 program in terms of
closing the following current shortages: (a) teachers; (b) classrooms; (c) textbooks;
(d) seats; (e) toilets; and (f) other shortages that should be addressed. 1âwphi1
The DepED shall include among others, in this midterm report, the following key
metrics of access to and quality of basic education: (a) participation rate; (b) retention
rate; (c) National Achievement Test results; (d) completion rate; (e) teachers’ welfare
and training profiles; (f) adequacy of funding requirements; and (g) other learning
facilities including, but not limited to, computer and science laboratories, libraries and
library hubs, and sports, music and arts.
Section 16. Implementing Rules and Regulations. — Within ninety (90) days after
the effectivity of this Act, the DepED Secretary, the CHED Chairperson and the
TESDA Director-General shall promulgate the rules and regulations needed for the
implementation of this Act.
Section 17. Separability Clause. — If any provision of this Act is held invalid or
unconstitutional, the same shall not affect the validity and effectivity of the other
provisions hereof.
Section 18. Repealing Clause. — Pertinent provisions of Batas Pambansa Blg. 232
or the "Education Act of 1982″, Republic Act No. 9155 or the "Governance of Basic
Education.
Act of 2001″, Republic Act No. 9258, Republic Act No. 7836, and all other laws,
decrees, executive orders and rules and regulations contrary to or inconsistent with
the provisions of this Act are hereby repealed or modified accordingly.
Section 19. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved,
This Act which is a consolidation of Senate Bill No. 3286 and House Bill No. 6643
was finally passed by the Senate and the House of Representatives on January 30,
2013.
Labels: DepEd
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6.
May
18
RA 9155 -DepEd
REPUBLIC ACT NO. 9155 August 11, 2001
Section 1. Short Title. - This Act shall be known as the "Governance of Basic
Education Act of 2001."
Governance of basic education shall begin at the national level it is at the regions,
divisions, schools and learning centers herein referred to as the field offices - where
the policy and principle for the governance of basic education shall be translated into
programs, projects and services developed, adapted and offered to fit local needs.
The State shall encourage local initiatives for improving the quality of basic
education. The State shall ensure that the values, needs and aspirations of a school
community are reflected in the program of education for the children, out-of-school
youth and adult learners. Schools and learning centers shall be empowered to make
decisions on what is best for the learners they serve.
Section 3. Purposes and Objectives. - The purposes and objectives of this Act are:
(a) To provide the framework for the governance of basic education which shall set
the general directions for educational policies and standards and establish authority,
accountability and responsibility for achieving higher learning outcomes;
(b) To define the roles and responsibilities of and provide resources to, the field
offices which shall implement educational programs, projects and services in
communities they serve;
(c) To make schools and learning centers the most important vehicle for the teaching
and learning of national values and for developing in the Filipino learners love of
country and pride in its rich heritage;
(d) To ensure that schools and learning centers receive the kind of focused attention
they deserve and that educational programs, projects and services take into account
the interests of all members of the community;
(e) To enable the schools and learning centers to reflect the values of the community
by allowing teachers/learning facilitators and other staff to have the flexibility to serve
the needs of all learners;
(f) To encourage local initiatives for the improvement of schools and learning centers
and to provide the means by which these improvements may be achieved and
sustained; and
(g) To establish schools and learning centers as facilities where schoolchildren are
able to learn a range of core competencies prescribed for elementary and high
school education programs or where the out-of-school youth and adult learners are
provided alternative learning programs and receive accreditation for at least the
equivalent of a high school education.
Section 4. Definition of Terms. - For purposes of this Act, the terms or phrases used
shall mean or be understood as follows:
(a) Alternative Learning System -is a parallel learning system to provide a viable
alternative to the existing formal education instruction. It encompasses both the
nonformal and informal sources of knowledge and skills;
(b) Basic Education - is the education intended to meet basic learning needs which
lays the foundation on which subsequent learning can be based. It encompasses
early childhood, elementary and high school education as well as alternative learning
systems four out-of-school youth and adult learners and includes education for those
with special needs;
(f) Integrated School. - is a school that offers a complete basic education in one
school site and has unified instructional program;
(g) Learner - is any individual seeking basic literacy skills and functional life skills or
support services for the improvement of the quality of his/her life;
(h) Learning Center - is a physical space to house learning resources and facilities of
a learning program for out-of-school youth and adults. It is a venue for face-to-face
learning and activities and other learning opportunities for community development
and improvement of the people's quality of life;
(i) Learning Facilitator - is the key learning support person who is responsible for
supervising/facilitating the learning process and activities of the learner;
(m) .School Head - is a person responsible for the administrative and instructional
supervision of the school or cluster of schools.
CHAPTER 1
GOVERNANCE OF BASIC EDUCATION
A. National Level In addition to his/her powers under existing laws, the Secretary of
Education shall have authority, accountability and responsibility for the following:
(7) Enhancing the total development of learners through local and national
programs and/or projects.
The Secretary of Education shall be assisted by not more than four (4)
undersecretaries and not more than four (4) assistant secretaries whose
assignments, duties and responsibilities shall be governed by law. There shall be at
least one undersecretary and one assistant secretary who shall be career executive
service officers chosen from among the staff of the Department.
B. Regional Level
There shall be as many regional offices as may be provided by law. Each regional
office shall have a director, an assistant director and an office staff for program
promotion and support, planning, administrative and fiscal services.
Consistent with the national educational policies, plans and standards, the regional
director shall have authority, accountability and responsibility for the following:
(5) Undertaking research projects and developing and managing region wide
projects which may be funded through official development assistance and/or
or other finding agencies;
(6) Ensuring strict compliance with prescribed national criteria for the
recruitment, selection and training of all staff in the region and divisions.
(8) Determining the organization component of the divisions and districts and
approving the proposed staffing pattern of all employees in the divisions and
districts;
(9) Hiring, placing and evaluating all employees in the regional office, except
for the position of assistant director;
(13) Approving the establishment of public and private elementary and high
schools and learning centers; and
C. Division Level
A division shall consist of a province or a city which shall have a schools division
superintendent, at least one assistant schools division superintendent and an office
staff for programs promotion, planning, administrative, fiscal, legal, ancillary and
other support services.
Consistent with the national educational policies, plans and standards the schools
division superintendents shall have authority, accountability and responsibility for the
following:
(2) Planning and managing the effective and efficient use of all personnel,
physical and fiscal resources of the division, including professional staff
development;
(3) Hiring, placing and evaluating all division supervisors and schools district
supervisors as well as all employees in the division, both teaching and non-
teaching personnel, including school heads, except for the assistant division
superintendent;
(7) Supervising the operations of all public and private elementary, secondary
and integrated schools, and learning centers; and
(8) Performing such other functions as may be assigned by proper
authorities.
(1) Providing professional and instructional advice and support to the school
heads and teachers/facilitators of schools and learning centers in the district
or cluster thereof;
E. School Level
There shall be a school head for all public elementary schools and public high
schools or a cluster thereof. The establishment of integrated schools from existing
public elementary and public high schools shall be encouraged.
The school head, who may be assisted by an assistant school head, shall be both an
instructional leader and administrative manager. The school head shall form a them
with the school teachers/learning facilitators for delivery of quality educational
programs, projects and services. A core of nonteaching staff shall handle the school's
administrative, fiscal and auxiliary services.
Consistent with the national educational policies, plans and standards, the school
heads shall have authority, accountability and responsibility for the following:
(1) Setting the mission, vision, goals and objectives of the school;
(4) Developing the school education program and school improvement plan;
(7) Administering and managing all personnel, physical and fiscal resources
of the school;
(10) Establishing school and community networks and encouraging the active
participation of teachers organizations, nonacademic personnel of public
schools, and parents-teachers-community associations;
(11) Accepting donations, gifts, bequests and grants for the purpose of
upgrading teachers' learning facilitators' competencies, improving ad
expanding school facilities and providing instructional materials and
equipment. Such donations or grants must be reported to the appropriate
district supervisors and division superintendents; and
The qualifications, salary grade, status of employment and welfare and benefits of
school heads shall be the same for public elementary, secondary and integrated
schools.
CHAPTER 2
TRANSFER OF CULTURAL AGENCIES
SEC. 8. Cultural Agencies. - The Komisyon ng Wikang Pilipino, National Historical
Institute, Records Management and Archives Office and the National Library shall
now be administratively attached to the National Commission for Culture and the Arts
(NCCA) and no loner with the Department of Education. The program for school arts
and culture shall remain part of the school curriculum.
CHAPTER 3
ABOLITION OF THE BUREAU OF PHYSICAL EDUCATION AND SCHOOL
SPORTS
The Bureau of Physical Education and School Sports (BPESS) is hereby abolished.
The personnel of the BPESS, presently detailed with the PSC, are hereby transferred
to the PSC without loss of rank, including the plantilla positions they occupy. All other
BPESS personnel shall be retained by the Department.
CHAPTER 4
SUPPORT AND ASSISTANCE OF OTHER GOVERNMENT AGENCIES
Section 10. The Secretary of Education and the Secretary of Budget and
Management shall, within ninety (90) days from the approval of this Act, jointly
promulgate the guidelines on the allocation, distribution and utilization of resources
provided by thenational government for the field offices, taking into consideration the
uniqueness of the working conditions of the teaching service.
Section 11. The Secretary of the Department of Education, subject to civil service
laws and regulations, shall issue appropriate personnel policy rules and regulations
that will best meet the requirements of the teaching profession taking into
consideration the uniqueness of the working conditions of the teaching service.
Section 12. The Commission on Audit, in the issuance of audit rules and regulations
that will govern the utilization of all resources as well as the liquidation, recording and
reporting thereof, shall take into account the different characteristics and distinct
features of the department's field offices, its organizational set up as well as the
nature of the operations of schools and learning centers.
CHAPTER 5
FINAL PROVISIONS
Section 13. Governance in the ARMM; - The Regional Education Secretary for the
Autonomous Region in Muslim Mindanao (ARMM) shall exercise similar governance
authority over the divisions, districts, schools and learning centers in the region as
may be provided in the Organic Act. without prejudice to the provisions of Republic
Act No. 9054, entitled "An Act to Strengthen and Expand tile Organic Act for the
Autonomous Region in Muslim Mindanao, Amending for the Purpose Republic Act
No.6734, entitled' An Act Providing for the Autonomous Region in Muslim Mindanao,
as amended"'.
Section 14. Rules and Regulations. - The Secretary of Education shall promulgate
the implementing rules and regulations within ninety (90) days after the approval of
this Act: Provided, That the Secretary of Education shall fully implement the principle
of shared governance within two (2) years after the approval of this Act.
Section 15. Separability Clause. - If for any reason, any portion or provision of this
Act shall be declared unconstitutional, other parts or provisions hereof which are not
affected thereby shall continue to be in full force and effect.
Section 16 Repealing Clause. - All laws, decrees, executive orders, rules and
regulations, part or parts thereof, inconsistent with the provisions of this Act, are
hereby repealed or modified accordingly.
Section 17. Effectivity Clause. - This Act. shall take effect fifteen (15) days following
its publication in at least two (2) newspapers of general circulation.
Approved,
(Sgd)
FRANKLIN M. DRILON
President of the Senate
(Sgd)
(Sgd)
OSCAR G. YARES
Secretary of the Senate
(Sgd)
ROBERTO P. NAZARENO
Secretary General
House of Representatives
(Sgd)
GLORIA MACAPAGAL-ARROYO
President of the Philippines
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7.
May
18
RA 9163 - TESDA
Congress of the Philippines
Twelfth Congress
Section 1. Short Title - This Act shall be known as the "National Service Training
Program (NSTP) Act of 2001".
Recognizing the youth's vital role in nation-building, the State shall promote civic
consciousness among the youth and shall develop their physical, moral, spiritual,
intellectual and social well-being. It shall inculcate in the youth patriotism,
nationalism, and advance their involvement in public and civic affairs.
In pursuit of these goals, the youth, the most valuable resource of the nation, shall be
motivated, trained, organized and mobilized in military training, literacy, civic welfare
and other similar endeavors in the service of the nation.
Section 3. Definition of Terms - For purposes of this Act, the following are hereby
defined as follows:
(e) "Program component" shall refer to the service components of the NSTP
as enumerated in Section 4 of this Act.
(1) The Reserve Officers' Training Corps (ROTC), which is hereby made
option and voluntary upon the effectivity of this Act;
The ROTC under the NSTP shall instill patriotism, moral virtues, respect for
rights of civilians, and adherence to the Constitution, among others.
Citizenship training shall be given emphasis in all three (3) program
components.
Section 6. Duration and Equivalent Course Unit - Each of the aforementioned NSTP
program components shall be undertaken for an academic period of two (2)
semesters.
In lieu of the two (2) semester program for any of the components of the NSTP, a one
(1)-summer program may be designed, formulated and adopted by the DND, CHED,
and TESDA.
In offering the NSTP whether during the semestral or summer periods, clustering of
affected students from different educational institutions may be done, taking into
account logistics, branch of service and geographical considerations. Schools that do
not meet the required number of students to maintain the optional ROTC and any of
the NSTP components shall allow their students to cross-enroll to other schools
irrespective of whether or not the NSTP components in said schools are being
administered by the same or another branch of service in the Armed Forces of the
Philippines (AFP), CHED and TESDA to which schools are identified.
Section 8. Fees and Incentives - Higher and technical vocational institutions shall
not collect any fee for any of the NSTP components except basic tuition fees, which
shall not be more than fifty percent (50%) of what is currently charged by schools per
unit.
In the case of ROTC, the DND shall formulate and adopt a program of assistance
and/or incentive to those students who will take the said component.
The school authorities concerned, CHED and TESDA shall ensure that group
insurance for health and accident shall be provided for students enrolled in any of the
NSTP components.
Section 10. Management of the NSTP Components - The school authorities shall
exercise academic and administrative supervision over the design, forumulation,
adoption and implementation of the different NSTP components in their respective
schools; Provided, That in case a CHED- or TESDA-accredited non government
organization (NGO) has been contracted to formulate and administer a training
module for any of the NSTP components, such academic and administrative
supervision shall be exercised jointly with that accredited NGO; Provided, further,
That such training module shall be accredited by the CHED and TESDA.
The CHED and TESDA regional offices shall oversee and monitor the
implementation of the NSTP under their jurisdiction to determine if the trainings are
being conducted in consonance with the objectives of this Act. Periodic reports shall
be submitted to the CHED, TESDA and DND in this regard.
Section 11. Creation of the National Service Reserve Corps - There is hereby
created a National Service Reserve Corps, to be composed of the graduates of the
non-ROTC components. Members of this Corps may be tapped by the State for
literacy and civic welfare activities through the joint effort of the DND, CHED and
TESDA.
Graduates of the ROTC shall form part of the Citizens' Armed Force, pursuant to
Republic Act No. 7077.
Section 12. Implementing Rules. - The DND, CHED and TESDA shall have the joint
responsibility for the adoption of the implementing rules of this Act within sixty (60)
days from the approval of this Act.
These three (3) agencies shall consult with other concerned government agencies,
the PASUC and COCOPEA, NGOs and recognized student organizations in drafting
the implementing rules.
The implementing rules shall include the guideline for the adoption of the appropriate
curriculum for each of the NSTP components as well as for the accreditation of the
same.
Section 13. Transitory Provisions - Students who have yet to complete the Basic
ROTC, except those falling under Section 14 of this Act, may either continue in the
program component they are currently enrolled or shift to any of the other program
components of their choice; Provided, That in case he shifts to another program
component, the Basic ROTC course he has completed shall be counted for the
purpose of completing the NSTP requirement; Provided, further, That once he has
shifted to another program component, he shall complete the NSTP in component.
Section 15. Separability Clause - If any section or provision of this Act shall be
declared unconstitutional or invalid, the other sections or provisions not affected
thereby shall remain in full force and effect.
Section 17. Effectivity - This Act shall take effect fifteen (15) days after its publication
in two (2) newspapers of national circulation, but the implementation of this Act shall
commence in the school year of 2002-2003.
Approved,
(Sgd)
FRANKLIN M. DRILON
President of the Senate
(Sgd)
This Act which is a consolidation of H.B. No. 3593 and S.B. No. 1824 was finally
passed by the House of Representatives and the Senate on December 19, 2001.
(Sgd)
OSCAR G. YABES
Secretary of the Senate
(Sgd)
ROBERTO P. NAZARENO
Secretary General
House of Representatives
(Sgd)
GLORIA MACAPAGAL-ARROYO
President of the Philippines
http://www.lawphil.net/statutes/repacts/ra2002/ra_9163_2002.html
The Lawphil Project - Arellano Law Foundation
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8.
May
18
RA 7722 - CHED
Source: http://www.lawphil.net/statutes/repacts/ra1994/ra_7722_1994.html
Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, nineteen
hundred and ninety-three.
Section 1. Title. – This Act shall be known as the "Higher Education Act of 1994".
Section 2. Declaration of Policy. - The State shall protect, foster and promote the
right of all citizens to affordable quality education at all levels and shall take
appropriate steps to ensure that education shall be accessible to all. The State shall
likewise ensure and protect academic freedom and shall promote its exercise and
observance for the continuing intellectual growth, the advancement of learning and
research, the development of responsible and effective leadership, the education of
high-level and middle-level professionals, and the enrichment of our historical and
cultural heritage.
In no case shall any and all of the Commissioners appoint representatives to act on
their behalf.
Section 5. Term of Office. - The President shall appoint the full-time chairman and
the commissioners for a term of four (4) years, without prejudice to one
reappointment. The terms of the initial appointees shall be on a staggered basis: the
full-time chairman shall hold office for a term of four (4) years, the next two (2)
commissioners for three (3) years, and the last two (2) commissioners for two (2)
years.
The commissioners shall hold office until their successors shall have been appointed
and qualified. Should a member of the Commission fail to complete his term, his
successor shall be appointed by the President of the Philippines but only for the
unexpired portion of the term.
Section 6. Rank and Emoluments. - The chairman and the commissioners shall
have the rank of a Department Secretary and Undersecretary, respectively. They
shall receive the compensation and other emoluments corresponding to those of a
Department Secretary and Undersecretary, respectively, and shall be subject to the
same disqualifications.
Section 7. Board of Advisers. - There shall be constituted a Board of Advisers
which shall meet with the Commission at least once a year to assist it in aligning its
policies and plans with the cultural, political and socioeconomic development needs
of the nation and with the demands of world-class scholarship.
Two (2) additional members of the Board of Advisers may be appointed by the
President upon recommendation of the Commission.
n. promulgate such rules and regulations and exercise such other powers
and functions as may be necessary to carry out effectively the purpose and
objectives of this Act; and
5. the equivalent of one percent (1%) of the gross sales of the lotto
operation of the Philippine Charity Sweepstakes Office (PCSO).
b. Starting Fiscal Year 1995 and every year thereafter, government financing
institutions identified and requested by the Commission may contribute to the
Fund an amount equivalent to not less than three percent (3%) but not more
than five percent (5%) of their unimpaired surplus realized during the
immediately preceding year.
c. The Fund shall have a private portion to be raised from donations, gifts,
and other conveyances including materials, equipment, properties and
services by gratuitous title.
As administrator of the Fund, the Commission shall prepare the necessary guidelines
for its use, subject to the following conditions:
a. No part of the seed capital of the Fund, including earnings thereof, shall be
used to underwrite overhead expenses for administration;
b. Unless otherwise stipulated by the private donor, only earnings of private
contributions shall be used for administrative expenses;
Section 12. The Technical Panels. - The Commission shall reconstitute and/or
organize technical panels for different disciplines/program areas. They shall assist
the Commission in setting standards and in program and institution monitoring and
evaluation. The technical panels shall be composed of senior specialists or
academicians to be appointed by the Commission.
Section 15. Tax Exemptions. - Any donation, contribution, bequest, and grant which
may be made to the Commission shall constitute as allowable deduction from the
income of the donor for income tax purposes and shall be exempt from donor’s tax,
subject to such conditions as provided under the National Internal Revenue Code, as
amended.
Section 16. Authority. - The Commission shall exercise such authority as may be
deemed necessary within its premises or areas of operation to effectively carry out its
powers and functions and to attain its objectives:Provided, That the Commission may
seek the assistance of other government agencies for the proper implementation of
this Act.
Thereafter, the funds necessary shall be included in the General Appropriations Act.
The Commission shall have the authority to appoint its own personnel.
All regular or permanent employees transferred to the Commission shall not suffer
any loss of seniority or rank or decrease in emoluments. Personnel of the Bureau of
Higher Education not otherwise transferred to the Commission shall be reassigned
by the DECS in any of its offices and bureaus: Provided, however, That, any
employee who cannot be accommodated shall be given all the benefits as may be
provided under existing laws, rules and regulations.
The transitory body shall facilitate the complete and full operation of the Commission
which shall not be later than three (3) months after the effectivity of this Act. It shall
likewise, promulgate the rules and regulations necessary to effectively implement the
smooth and orderly transfer to the Commission. The transition period not exceeding
three (3) months shall commence from the approval of this Act. 1âwphi1
Section 19. Repealing Clause. -All laws, presidential decrees, executive orders,
rules and regulations or parts thereof which are inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.
Section 20. Separability Clause. - If any part or provision of this Act shall be held
unconstitutional or invalid, other provisions hereof which are not affected thereby
shall continue to be in full force and effect.
Section 21. Effectivity. - This Act shall take effect upon its approval.
Approved,
This Act, which is a consolidation of Senate Bill No. 1453 and the House Bill No.
12200, was finally passed by the Senate and the House of Representatives on May
4, 1994 and May 17, 1994, respectively.
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9.
May
18
Republic Act No. 8545 - Amending the
GASTPE Law
AN ACT AMENDING REPUBLIC ACT NO. 6728, OTHERWISE KNOWN
AS “AN ACT PROVIDING GOVERNMENT ASSISTANCE TO
STUDENTS AND TEACHERS IN PRIVATE EDUCATION AND
APPROPRIATING FUNDS THEREFOR,” ESTABLISHING A FUND FOR
THE PURPOSE OF SUBSIDIZING SALARIES OF PRIVATE SCHOOL
TEACHERS, AND APPROPRIATING FUNDS THEREFOR
“In addition to the foregoing criteria, within such reasonable time as the
respective State Assistance Council may determine, student grantees
under the Private Education Student Financial Assistance Program shall
be enrolled in schools which have accredited programs or are applying for
accreditation as may be recognized by the respective State Assistance
Council.
“Within five (5) years from the approval of this Act, the assistance shall be
given to schools: Provided, That the present allocation of the tuition fee
and other income of the schools shall be used at the same proportion and
allocation as provided by law.
“(1) Tuition fee supplements for students in private high schools, including
students in vocational and technical courses;
“(2) High School Textbook Assistance Fund: Provided, That the textbook
assistance per student in private high schools shall be determined by the
council and shall not exceed what students in public high schools are
provided on a per student basis under a comprehensive textbook program
of the Secondary Education Development Program (SEDP): Provided,
further, That the textbook assistance shall be granted only to beneficiaries
of tuition fee supplements and educational service contracting scheme
provided in this Act;
“(1) In-service training fund for teachers in private high schools; and
“(b) The Department shall also enter into contracts with private schools in
communities where there are no public high schools, in which case the
Department shall shoulder the tuition and other fees of students who shall
enroll in said private schools.
“(d) The Department shall fully pay the subsidized amount to participating
schools not later than one hundred eighty (180) days from the close of the
registration period.
“SEC. 10. Education Loan Fund. — (a) ‘Study Now, Pay Later Plan.’ There
is hereby created a special fund to be known as the Students’ Loan Fund
to be administered by the CHED and the TESDA or upon delegation by
the CHED by the Student Loan Fund Authority created under Republic Act
No. 6014 which is hereby reinstituted pursuant to the terms of the same
Republic Act which shall be used to finance educational loans to cover
matriculation and other school fees and educational expenses for book
subsistence, and board and lodging.
“(b) Amounts covering payments for tuition and other school fees shall be
paid directly to the school concerned.
“(c) Any loan granted under this section shall be paid by the student-
debtor after he has finished the course or profession for which the
proceeds of the loan was expended, but only after a period of two (2)
years from the time he has acquired an employment: Provided, however,
That interest at the rate of not more than six percent (6%) per annum shall
accrue on the balance thereof.
“(d) Social Security Fund. The Social Security System shall make
available low interest educational loans to its members and to private
educational institutions for school buildings and/or improvement of their
plants and facilities.
“SEC. 11. The right of any student to avail himself/herself of the benefits
under this Act shall not apply if he/she fails for one (1) school year in the
majority of the academic subjects in which he/she has enrolled during the
course of his/her study unless such failure is due to some valid cause
beyond his/her control.
“SEC. 12. In-service Training Fund (Inset Fund). — For the purpose of
improving the quality of teaching in private secondary education, there is
hereby established in the Department of Education, Culture and Sports an
Inset Fund to provide for the upgrading of knowledge and teaching
competencies in critical subject areas and for the modernization of
teaching techniques and strategies, including training in the use of
computers and of other multi-media educational technologies to assist
instruction: Provided, That the Inset Fund shall be available only to
qualified licensed teachers in participating private high schools as
determined by the State Assistance Council: Provided, further, That the
amount of Inset Fund available to private secondary education shall not
exceed that available to public secondary education on a per capita basis.
“The Council shall meet, from time to time, as the need arises, to assess
the effectivity of the programs and to ensure that the secondary schools,
post-secondary vocational and technical institutions and higher
educational institutions where student recipients are enrolled continue to
provide quality education. For this purpose, the Council shall establish
criteria, to determine which secondary schools, post-secondary vocational
and technical institutions and higher educational institutions may continue
to enroll students and teachers/faculty as recipients of government
assistance under this Act.
“SEC. 20. Effectivity Clause. — This Act shall take effect immediately upon
its publication in English in an English newspaper and in Filipino in a
Filipino newspaper, both of general circulation: Provided, That the
implementation of new programs of assistance provided in this Act shall
be effective in the school year of the succeeding fiscal year within which
the appropriations necessary to implement the new programs shall have
been approved into law.”
[Basahin sa Filipino]
Source: www.cdasia.com
www.congress.gov.ph
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10.
May
18
I. GENERAL PROVISIONS
CHAPTER 1
Preliminary Matters
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
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.
3. Develop the profession that will provide leadership for the nation in
the advancement of knowledge for improving the quality of human
life; and
CHAPTER 1
Preliminary Provisions
1. Aid and support the natural right and duty of parents in the rearing
of the youth through the educational system.
CHAPTER 2
Rights
CHAPTER 3
Duties and Obligations
CHAPTER 1
Formal Education
CHAPTER 2
Non-Education and Specialized Educational Services
CHAPTER 3
Establishment of Schools
Section 26. Definition of Terms - The terms used in this Chapter are
defined as follows:
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.
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.
CHAPTER 5
School Finance and Assistance
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 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.
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 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.
D. ASSISTANCE TO STUDENTS
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 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.
CHAPTER 1
GENERAL PROVISIONS
5. Coordinate the activities and functions of the school system and the
various cultural agencies under it;
CHAPTER 2
BOARD OF HIGHER EDUCATION
CHAPTER 3
THE BUREAUS
CHAPTER 4
REGIONAL OFFICES
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.
CHAPTER 2
ADMINISTRATIVE PROVISIONS
Section 73. Effectivity - This Act shall take effect upon its approval.
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