STUDENT TEACHER OF BACHELOR OF TECHNICAL TEACHER

EDUCATION

S.Y. 2017-2018

PANGANIBAN NATIONAL HIGH SCHOOL- CAIC COMPOUND

Panganiban, Catanduanes

Jonh M. Viray Mary Ann O. Cabrera

Jeany Averrete A. Asuncion Anita D. Vargas

Nica Jean R. Bausin Angelica D. Velasco

Roselyn Claire A. Briones Mary Jones O. Yaba

PANGANIBAN NATIONAL HIGH SCHOOL- ELEMENTARY COMPOUND

Panganiban, Catanduanes

Reymark Cabrera Jessalou Fajardo

Gilbert Tropel Mary Joy Obogne
Rose Ann Campillos Emilyn Ogena

CATANDUANES STATE UNIVERSITY LABORATORY HIGH SCHOOL

Panganiban Campus
Panganiban, Catanduanes

Praym Obre
James Salvador
 BAGAMANOC RURAL DEVELOPMENT HIGH SCHOOL
Bagamanoc, Cantanduanes

Jencith Evangelista Maricar Calma

Regine Badanoy Nathalie Vega
Sheena Ma Lee Zeny Vicante
Mila Segismundo Joy Villaluna
Jinky Valerio Myka Vitalicio
Glaizel Tulod Abegail Vitalicio
Nikki Marie Bernardo

SAN JOSE NATIONAL HIGH SCHOOL

San Jose (Oco), Cantanduanes

Leny Idanan
Rachelle Tojon
Alexis Cartel
Kristine Tugay
Jazel Balmaceda
Edward Dante
 Code of Ethics and Professional Standards for
Teachers

Pursuant to the provisions of paragraph (e). Article 11, of R.A. No. 7836, otherwise
known as the Philippine Teachers 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

Teacher are duty 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, and they strictly adhere to observe, and practice this set of ethical and
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 to its 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 level whether academic,
vocational, special, technical, or non-formal. The term “teacher” shall include industrial
arts or vocational teachers and all others persons performing supervisory and/or
administrative functions in all school at the afore said levels, whether on fulltime or part-
time basis.

Article II: The Teacher and the State

Section 1. The schools are the nurseries 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 carry out the declared policies
of the state, and shall take an oath to this effect.

Section 3. In the interest of the State and 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 commit 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 official 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
expanding the product of his researches and investigation; 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 to
community movements for moral, social, educational, economic and civic betterment.

Section 3. Every teacher shall merit reasonable social recognition for which purpose he
shall believe with honor and dignity at all times and refrain from 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 work and accomplishment as well as its needs and problems.

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

barangay, and shall welcome the opportunity to provide such leadership when needed, to
extend counselling 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 possess freedom to attend church and worships as appropriate, but
shall not use his positions and 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 well improve his efficiency, 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 decent living.

Article V: The Teacher and the Profession

Section 1. Teacher shall, at all times, be imbued with the spirit of professional loyalty,
mutual confidence, and faith in one other, 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, teachers shall support one another.

Section 2. A teacher is not entitled to claim credit of work not of his own, and shall give
due credit for the work of others which he may use.

Section 3. Before leaving his position, a teacher shall organize for whoever assumes the
position such records and other data as are necessary to carry on the work.

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 files without permission.
Section 5. It shall be the responsibility of every teacher to seek correctives for what may
appear to be an unprofessional and un ethical conduct of any associate. However, this may
be done only if there is in convertible 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 Profession

Section 1. Every teacher shall make it his duty to make an honest effort 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 charge against superiors,
especially under anonymity. However, if there are valid charges, he should present such
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 in justice 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, promotion,
and transfer of teachers are made only the basis of merit and needed in the service.

Section 6. A teacher who accepts a position assumes a contractual obligation to live up to

his contract, assuming full knowledge of employments terms and conditions.

Article VII: School Officials, Teacher, 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
enlightened directions.

Section 2. School officials, teacher, and other school personnel shall consider it their
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 at teacher or 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 teacher are issued
contacts 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 Teacher and Learners

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

Section 2. A teacher shall recognize that the interest and welfare of learners are of first and
foremost concern, shall deal justify ably and impartially with each of them.

Section 3. Under no circumstances shall a teacher be prejudiced or discriminate against the

learner.

Section 4. A teacher shall not accept favors or gifts from the 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 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 discretion to 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 punishment for acts which clearly not
manifestations of poor scholarship.
Section 9. The teacher shall insure that condition contributive to the maximum
development for the learners are adequate, and shall extend needed assistance in preventing
or 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 the learner's deficiencies and in seeking parent cooperation
for the proper guidance and improvement of the learners.

Section 3. A teacher shall hear parent 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; provide that it those not relate to an 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 satisfactory 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 inherently, related to such purchase and disposal;
provided they shall be in accordance with the existing regulations; provided, further, that
members duly recognized teachers cooperatives may participate in the distribution the
sale of such commodities.

Article XI The Teacher as a Person

Section 1. A teacher shall live with dignity in all places at all times.

Section 2. A teacher shall place premium upon self-respected and self-discipline as the
principle 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 model worthy of emulation by learners, peers, and others.

Section 4. A teacher shall always recognize the Almighty God or Being as guide of his
own destiny and of the destinies of men and nations.

ARTICLE XII DISCIPLINARY ACTION

Section 1. Any violation of any provision of his Code shall be sufficient ground for the
imposition against the erring teacher of disciplinary action consisting of revocation of his
Certificate of Registration and license as Professional Teacher, suspension from the
practice of the 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. No. 7836

Article XIII: Effectivity

Section 1. This Code shall take effect upon approval by the Professional Regulation
Commission and after sixty (60) days following its publication in the Official Gazette or
any newspaper of general circulation, whichever is earlier.
 Batas Pambansa Bilang 232

AN ACT PROVIDING FOR THE ESTABLISHMENT AND

MAINTENANCE OF AN INTEGRATED SYSTEM OF EDUCATION

I. General Provisions

CHAPTER I

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 choose their field of study subject to existing curricula and to
continue their course therein up to graduation, except in cases of academic deficiency, or
violation of disciplinary regulations.

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

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

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

6. The right to publish a student newspaper and similar publications, as well as the right
to invite resource persons during assemblies, symposia and other activities of similar
nature.

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

8. The right to form, establish, join and participate in organizations and societies
recognized by the school to foster their intellectual, cultural, spiritual and physical growth
and development, or to form, establish, join and maintain organizations and societies for
purposes not contrary to law.

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

Section 10. Rights of all School Personnel - In addition to other rights provided for by
law, the following rights shall be enjoyed by all school personnel:

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

2. The right to be provided with free legal service by the appropriate government office in
the case of public school personnel, and through the school authorities concerned in the
case of private school personnel, when charged in an administrative, civil and/or criminal
proceedings by parties other than the school or regulatory authorities concerned for
actions committed directly in the lawful discharge of professional duties and/or in
defense of school policies.

3. The right to establish, join and maintain labor organizations and/or professional and
self-regulating organizations of their choice to promote their welfare and defend their
interests.

4. The right to be free from involuntary contributions except those imposed by their own
organizations.
Section 11. Special Rights and/or Privileges of Teaching or Academic Staff - Further to
the rights mentioned in the preceding Section, every member of the teaching or academic
staff shall enjoy the following rights and/or privileges:

1. The right to be free from compulsory assignments not related to their duties as defined
in their appointments or employment contracts, unless compensated therefor,
conformably to existing law.

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

3. Teachers shall be deemed persons in authority when in the discharge of lawful duties
and responsibilities, and shall, therefore, be accorded due respect and protection.

4. Teachers shall be accorded the opportunity to choose alternative career lines either in
school administration, in classroom teaching, or others, for purposes of career
advancement.

Section 12. Special Rights of School Administration - School administrators shall, in

accordance with existing laws, regulations and policies of the Ministry of Education,
Culture and Sports, be accorded sufficient administrative discretion necessary for the
efficient and effective performance of their functions.

School administrators shall be deemed persons in authority while in the discharge of

lawful duties and responsibilities, and shall therefore be accorded due respect and
protection.

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

1. The right of their governing boards or lawful authorities to provide for the proper
governance of the school and to adopt and enforce administrative or management
systems.

2. The right for institutions of higher learning to determine on academic grounds who
shall be admitted to study, who may teach, and what shall be subjects of the study and
research.

CHAPTER 3

Duties and Obligations

Section 14. Duties of Parents. - In addition to those provided for under existing laws, all
parents shall have the following duties and obligations:

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

2. Parents shall be obliged to enable their children to obtain elementary education and
shall strive to enable them to obtain secondary and higher education in the pursuance of
the right formation of the youth.

3. Parents shall cooperate with the school in the implementation of the school program
curricular and co-curricular.

Section 15. Duties and Responsibilities of Students - In addition to those provided for
under existing laws, every student shall:

1. Exert his utmost to develop his potentialities for service, particularly by undergoing an
education suited to his abilities, in order that he may become an asset to his family and to
society.

2. Uphold the academic integrity of the school, endeavor to achieve academic excellence
and abide by the rules and regulations governing his academic responsibilities and moral
integrity.

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

4. Participate actively in civic affairs and in the promotion of the general welfare,
particularly in the social, economic and cultural development of his community and in the
attainment of a just, compassionate and orderly society.

5. Exercise his rights responsibly in the knowledge that he is answerable for any
infringement or violation of the public welfare and of the rights of others.

Section 16. Teacher's Obligations - Every teacher shall:

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

2. Be accountable for the efficient and effective attainment of specified learning

objectives in pursuance of national development goals within the limits of available
school resources.

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

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

5. Refrain from making deductions in students' scholastic rating for acts that are clearly
not manifestations of poor scholarship.
6. Participate as an agent of constructive social, economic, moral, intellectual, cultural
and political change in his school and the community within the context of national
policies.

Section 17. School Administrators' Obligations - Every school administrator shall:

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

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

3. Develop and maintain a healthy school atmosphere conducive to the promotion and
preservation of academic freedom and effective teaching and learning, and to harmonious
and progressive school-personnel relationship.

4. Assume and maintain professional behavior in his work and in dealing with students,
teachers, academic non-teaching personnel, administrative staff, and parents or
guardians.

5. Render adequate reports to teachers, academic non-teaching personnel and non-

academic staff on their actual performance in relation to their expected performance and
counsel them on ways of improving the same.

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

in disciplining his teachers and other personnel.

7. Maintain adequate records and submit required reports to the Ministry of Education,
Culture and Sports.

Section 18. Obligations of Academic Non-Teaching Personnel - Academic non-teaching

personnel shall:

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

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

3. Promote and maintain an atmosphere conducive to service and learning.

III. THE EDUCATIONAL SYSTEMS

CHAPTER 1

Formal Education

Section 19. Declaration of Policy. - The State recognizes that formal education, or the
school system, in society's primary learning system, and therefore the main instrument
for the achievement of the country's educational goals and objectives.

Section 20. Definition - "Formal Educational" refers to the hierarchically structured and
chronologically graded learning organized and provided by the formal school system and
for which certification is required in order for the learner to progress through the grades
or move to higher levels. Formal education shall correspond to the following levels:

1. Elementary Education. - the first stage of compulsory, formal education primarily

concerned with providing basic education and usually corresponding to six or seven
grades, including pre-school programs.

2. Secondary Education. - the state of formal education following the elementary level
concerned primarily with continuing basic education and expanding it to include the
learning of employable gainful skills, usually corresponding to four years of high school.
3. Tertiary Education. - post secondary schooling is higher education leading to a degree
in a specific profession or discipline.

Section 21. Objectives of Elementary Education - The objectives of elementary education

are:

1. To provide the knowledge and develop the skills, attitudes, and values essential to
personal development and necessary for living in and contributing to a developing and
changing social milieu;

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

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

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

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

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

are:

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

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

Section 23. Objective of Tertiary Education. - The objectives of tertiary education are:
1. To provide a general education program that will promote national identity, cultural
consciousness, moral integrity and spiritual vigor;

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

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

4. To advance knowledge through research work and apply new knowledge for
improving the quality of human life and responding effectively to changing societal needs
and conditions.

CHAPTER 2

Non-Education and Specialized Educational Services

Section 24. Specialized Educational Service - The State further recognizes its
responsibility to provide, within the context of the formal education system, services to
meet special needs of certain clientele. These specific types, which shall be guided by the
basic policies of the State embodied in the General Provisions of this Act, include:

1. "Work Education," or "Practical Arts," as a program of basic education which aims to

develop the right attitudes towards work; and "technical-vocational education," post-
secondary but non-degree programs leading to one, two, or three year certificates in
preparation for a group of middle-level occupations.

2. "Special Education," the education of persons who are physically, mentally,

emotionally, socially, or culturally different from the so-called "normal" individuals that
they require modification of school practices/services to develop them to their maximum
capacity; and

3. "Non-formal Education," any organized school-based educational activities undertaken

by the Ministry of Education, Culture and Sports and other agencies aimed at attaining
specific learning objectives for a particular clientele, especially the illiterates and the out-
of-school youth and adults, distinct from and outside the regular offerings of the formal
school system.

The objectives of non-formal education are as follows:

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

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

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

c. To develop among the clientele of non-formal education proper values and attitudes
necessary for personal, community and national development.

CHAPTER 3

Establishment of Schools

Section 25. Establishment of Schools - All schools shall be established in accordance

with law. The establishment of new national schools and the conversion of existing
schools from elementary to national secondary or tertiary schools shall be by law:
Provided, that any private school proposed to be established must incorporate as a non-
stock educational corporation in accordance with the provisions of the Corporation Code
of the Philippines. This requirement to incorporate may be waived in the case of family-
administered pre-school institutions. Government assistance to such schools for
educational programs shall be used exclusively for that purpose.

Section 26. Definition of Terms - The terms used in this Chapter are defined as follows:

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

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

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

individuals or groups.

Section 27. Recognition of Schools - The educational operations of schools shall be

subject to their prior authorization of the government, and shall be affected by
recognition. In the case of government operated schools, whether local, regional, or
national, recognition of educational programs and/or operations shall be deemed granted
simultaneously with establishment.

In all other case the rules and regulations governing recognition shall be
prescribed and enforced by the Ministry of Education, Culture and Sports defining
therein who are qualified to apply, providing for a permit system, stating the conditions
for the grant of recognition and for its cancellation and withdrawal, and providing for
related matters.

Section 28. Effects of Recognition; Punishable Violations - The issuance of a certificate

of recognition to a school shall have the following effects:

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

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

3. It shall entitle the students who have graduated from said recognized course or courses
to all the benefits and privileges enjoyed by graduates in similar courses of studies in all
schools recognized by the government.
 Operation of schools and educational programs without authorization, and/or
operation thereof in violation of the terms of recognition, are hereby declared punishable
violations subject to the penalties provided in this Act.

Section 29. Voluntary Accreditation - The Ministry shall encourage programs of

voluntary accreditation for institution which desire to meet standards of quality over and
above minimum required for State recognition.

CHAPTER 4

Internal Organization of Schools

Section 30. Organization of Schools - Each school shall establish such internal
organization as will best enable it to carry out its academic and administrative functions,
subject to limitations provided by law. Each school establish such arrangements for the
peaceful settlement of disputes between or among the members of the educational
community.

Section 31. Governing Board - Every government college or university as a tertiary

institution and every private school shall have a governing board pursuant to its charter or
the Corporation Code of the Philippines, as the case may be.

Section 32. Personnel Transactions - The terms and conditions of employment of

personnel in government schools shall be governed by the Civil Service, budgetary and
compensation laws and rules. In private schools, dispute arising from employer-
employee relations shall fall under the jurisdiction of the Ministry of Labor and
Employment as provided for by law regulations: Provided, That in view of the special
employment status of the teaching and academic non-teaching personnel, and their
special roles in the advancement of knowledge, standards set or promulgated jointly by
the Ministry of Education, Culture and Sports and by the Ministry of Labor and
Employment shall be applied by the Ministry of Labor and Employment: Provided,
further, That every private school shall establish and implement an appropriate system
within the school for the prompt and orderly settlement of provisions of Articles 262 and
263 of the Labor Code.

CHAPTER 5

School Finance and Assistance

Section 33. Declaration of Policy - It is hereby declared to be the policy of the State that
the national government shall contribute to the financial support of educational programs
pursuant to goals of education as declared in the Constitution. Towards this end, the
government shall:

1. Adopt measures to broaden access to education through financial assistance and other
forms of incentives to schools, teachers, pupils and students; and

2. Encourage and stimulate private support to education through, inter alia, fiscal and
other assistance measures.

A. FUNDING OF REPUBLIC SCHOOLS

Section 34. National Funds - Public school shall continue to be funded from national
funds: Provided, that local governments shall be encouraged to assume operation of local
public schools on the basis of national fund participation and adequate revenue sources
which may be assigned by the national government for the purpose.

Section 35. Financial Aid Assistance to Public Secondary Schools - The national
government shall extend financial aid and assistance to public secondary schools
established and maintained by local governments, including barangay high schools.

Section 36. Share of Local Government - Provinces, cities and municipalities and
barangays shall appropriate funds in their annual budgets for the operation and
maintenance of public secondary schools on the basis of national fund participation.
Section 37. Special Education Fund - The proceeds of the Special Education Fund
accruing to local governments shall be used exclusively for the purposes enumerated in
Section 1 of Republic Act No. 5447, and in accordance with rules and regulations issued
by the Ministry of Education, Culture and Sports and the Ministry of the Budget. Said
proceeds shall be considered a local fund and shall be subject to Presidential Decrees No.
477, Presidential Decree No. 1375 and other applicable local budget laws and
regulations.

Section 38. Tuition and other School Fees - Secondary and post-secondary schools may
charge tuition and other school fees, in order to improve facilities or to accommodate
more students.

Section 39. Income from other Sources - Government-supported educational institution

may receive grants, legacies, donations and gifts for purposes allowed by existing laws.

Furthermore, income generated from production activities and from auxiliary

enterprises may be retained and used for schools concerned in accordance with rules and
regulations jointly issued consistently with pertinent appropriation and budgetary laws by
the Ministry of the Budget, the Ministry of Education, Culture and Sports and the
Commission on Audit.

B. FUNDING OF PRIVATE SCHOOLS

Section 40. Funding of Private Schools - Private schools may be funded from their
capital investment or equity contributions, tuition fees and other school charges, grants,
loans, subsidies, passive investment income and income from other sources.

Section 41. Government Assistance - The government, in recognition of their

complementary role in the educational system, may provide aid to the programs of
private schools in the form of grants or scholarships, or loans from government financial
institutions: Provided, that such programs meet certain defined educational requirements
and standards and contribute to the attainment of national development goals.

Section 42. Tuition and Other Fees - Each private school shall determine its rate of
tuition and other school fees or charges. The rates and charges adopted by schools
pursuant to this provision shall be collectible, and their application or use authorized,
subject to rules and regulations promulgated by the Ministry of Education, Culture and
Sports.

Section 43. Income from Other Sources - Any private school duly recognized by the
government, may receive any grant and legacy, donation, gift, bequest or devise from any
individual, institution, corporation, foundation, trust of philanthropic organization, or
research institution or organization as may be authorized by law.

Furthermore, private schools are authorized to engage in any auxiliary enterprise

to generate income primarily to finance their educational operations and/or to reduce the
need to increase students' fees.

Section 44. Institutional Funds - The proceeds from tuition fees and other school charges,
as well as other income of schools, shall be treated as institutional funds. Schools may
pool their institutional funds, in whole or in part, under joint management for the purpose
of generating additional financial resources.

C. INCENTIVES TO EDUCATION

Section 45. Declaration of Policy - It is the policy of the State in the pursuit of its
national education development goals to provide an incentive program to encourage the
participation of the community in the development of the educational sector.

Section 46. Relating to School Property - Real property, such as lands, buildings and
other improvements thereon used actually, directly and exclusively for educational
purposes shall be subject to the real property tax based on an assessment of fifteen per
cent of the market value of such property: Provided, That all the proceeds from the
payment thereof shall accrue to a special private education fund which shall be managed
and disbursed by a local private school board which shall be constituted in each
municipality or chartered city with private educational institutions with the mayor or his
representative as chairman and not more than two representatives of the institutional
taxpayers, and, likewise, not more than two residents of the municipality or chartered city
who are alumni of any of the institutional taxpayers as members: Provided, further, That
fifty percent of the additional one percent tax on real estate property provided for under
Republic Act 5447, shall accrue to the special private education fund: Provided, finally,
That in municipalities or chartered cities wherein the number of private institutions with
individual enrollment of pupils and students over five thousand exceeds fifteen, the
members of the private school board shall be increased to not more than fourteen
members determined proportionately by the Minister of Education, Culture and Sports.
The private school board shall adopt its own rules which shall enable it to finance the
annual programs and projects of each institutional taxpayer for the following purposes;
student-pupil scholarships; improvement of instructional, including laboratory, facilities
and/or equipment; library books and periodicals acquisition; and extension service in the
community, in that order of priority.

Section 47. Relating to Gifts or Donations to Schools - All gifts or donation in favor of
any school, college or university recognized by the Government shall not be subject to
tax; Provided, That such gifts or donations shall be for improvement of classrooms and
laboratory of library facilities, and shall not inure to the benefit of any officer, director,
official, or owner or owners of the school, or paid out as salary, adjustments or allowance
of any form or nature whatsoever, except in support of faculty and/or professorial chairs.

Section 48. Relating to Earnings from Established Scholarship Funds - All earnings from
the investment of any duly established scholarship fund of any school recognized by the
government, constituted from gifts to the school, and/or from contributions or other
resources assigned to said fund by the school, if said earnings are actually used to fund
additional scholarship grants to financially deserving students shall be exempt from tax
until the scholarship fund is fully liquidated, when the outstanding balance thereof shall
be subject to tax.

Section 49. School Dispersal Program - All gains realized from the sale, disposition or
transfer of property, real or personal, of any duly established private school, college or
university, in pursuance of a school dispersal program of the government or of the
educational institution as approved by the government, shall be considered exempt from
tax if the total proceeds of the sale are reinvested in a new or existing duly established
school, college, or university located in the dispersal site, within one (1) year from the
date of such sale, transfer or disposition; otherwise, all taxes due on the gains realized
from the transaction shall immediately become due and payable.

Section 50. Conversion to Educational Foundations - An educational institution may

convert itself into a non-stock, non-profit educational foundation, in accordance with the
implementing rules to be issued jointly by the Ministry of Education, Culture and Sports
and the Ministry of Finance.

In the case of stock corporations, if for any reason its corporate existence as an
educational institution ceases and is not renewed, all its net assets after liquidation of the
liabilities and other obligations may be conveyed and transferred to any non-profit
educational institution or successor non-profit educational institution or to be used in
such manner as in the judgment of said court will best accomplish the general purposes
for which the dissolved organization was organized, or to the State.

D. ASSISTANCE TO STUDENTS

Section 51. Government Assistance to Students - The government shall provide financial
assistance to financially disadvantaged and deserving students. Such assistance may be in
the form of State scholarships, grants-in-aid, assistance from the Educational Loan Fund,
or subsidized tuition rates in State colleges and universities.
 All the above and similar assistance programs shall provide for reserve quotas for
financially needed but academically qualified students from the national cultural
communities.

Section 52. Grant of Scholarship Pursuant to Existing Laws - Educational institutions

shall be encouraged to grant scholarships to students pursuant to the provisions of
existing laws and such scholarship measures as may hereafter be provided for by law.

Section 53. Assistance from the Private Sector - The private sector, especially
educational institutions, business and industry, shall be encouraged to grant financial
assistance to students, especially those undertaking research in the fields of science and
technology or in such projects as may be necessary within the context of national
development.

IV. THE MINISTRY OF EDUCATION, CULTURE AND SPORTS

CHAPTER 1

GENERAL PROVISIONS

Section 54. Declaration of Policy - The administration of the education system and,
pursuant to the provisions of the Constitution, the supervision and regulation of
educational institutions are hereby vested in the Ministry of Education, Culture and
Sports, without prejudice to the provisions of the charter of any state college and
university.

Section 55. Organization - The Ministry shall be headed by the Minister of Education,
Culture and Sports who shall be assisted by one or more Deputy Ministers.

The organization of the Ministry shall consist of (a) the Ministry Proper
composed of the immediate Office of the Minister, and the Services of the Ministry, (b)
the Board of Higher Education, which is hereby established, (c) the Bureau of
Elementary Education, the Bureau of Secondary Education, the Bureau of Higher
Education, the Bureau of Technical and Vocational Education, and the Bureau of
Continuing Education, which are hereby established, (d) Regional offices and field
offices, (e) the National Scholarship Center and such other agencies as are now or may be
established pursuant to law, and (f) the cultural agencies, namely: the National Library,
the National Historical Institute, the National Museum, and the Institute of National
Language. Such of the above offices as are created or authorized to be established under
this provision, shall be organized and staffed and shall function, subject to the approval of
the President, upon recommendation of the Minister of Education, Culture and Sports in
consultation with the Presidential Commission on Reorganization.

Section 56. The National Board of Education is hereby abolished, and its appropriations,
personnel, records, and equipment are hereby transferred to the Office of the Minister of
Education, Culture and Sports.

Section 57. Functions and Powers of the Ministry - The Ministry shall:

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

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

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

4. Set up general objectives for the school system;

5. Coordinate the activities and functions of the school system and the various cultural
agencies under it;
6. Coordinate and work with agencies concerned with the educational and cultural
development of the national cultural communities; and

7. Recommend and study legislation proposed for adoption.

Section 58. Report to the Batasang Pambansa. - The Minister of Education, Culture and
Sports shall make an annual report to the Batasang Pambansa on the implementation of
the national basic education plan, the current condition of the education programs, the
adequacy or deficiency of the appropriations and status of expenditures, the impact of
education on the different regions, the growth of enrollment, the adequacy of academic
facilities, the concentration of low income groups, or the supply of teaching and non-
teaching personnel, with such comments and appropriate recommendations thirty (30)
days before the opening of its regular session.

CHAPTER 2

BOARD OF HIGHER EDUCATION

Section 59. Declaration of Policy - Higher education will be granted towards the
provision of better quality education, the development of middle and high-level
manpower, and the intensification of research and extension services. The main thrust of
higher education is to achieve equity, efficiency, and high quality in the institutions of
higher learning both public and private, so that together they will provide a complete set
of program offerings that meet both national and regional development needs.

Section 60. Organization of the Board of Higher Education - The Board of Higher
Education is reconstituted as an advisory body to the Minister of Education, Culture and
Sports. The Board shall be composed of a Deputy Minister of Education, Culture and
Sports designated as Chairman and four other members to be appointed by the President
of the Philippines upon nomination by the Minister of Education, Culture and Sports for a
term of four years. The four members shall have distinguished themselves in the field of
higher education and development either in the public or private sector. In the initial
appointment of the non-ex officio members, the first appointee shall serve for a term of
four years; the second for a term of three years; the third for a term of two years; and the
fourth for a term of one year. The Director of the Bureau of Higher Education shall
participate in the deliberation of the Board but without the right to vote. The Bureau of
Higher Education shall provide the Board with the necessary technical and staff support:
Provided, That the Board may create technical panels of experts in the various disciplines
as the need arises.

Section 61. Function of the Board of Higher Education. - The Board shall:

1. Make policy recommendations regarding the planning and management of the

integrated system of higher education and the continuing evaluation thereof.

2. Recommend to the Minister of Education, Culture and Sports steps to improve the
governance of the various components of the higher education system at national and
regional levels.

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

relatives to the generation of resources and their allocation for higher education.

CHAPTER 3

THE BUREAUS

Section 62. Bureau of Elementary Education - The Bureau shall perform the following
functions:

1. Conduct studies and formulate, develop, and evaluate programs and educational
standards for elementary education;
2. Undertake studies necessary for the preparation of prototype curricular designs,
instructional materials, and teacher training programs for elementary education; and

3. Formulate guidelines to improve elementary school physical plants and equipment, and
general management of these schools.

Section 63. Bureau of Secondary Education - The Bureau shall perform the following
functions:

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

2. Develop curricular designs, prepare instructional materials, and prepare and evaluate
programs to update the quality of the teaching and non-teaching staff at the secondary
level;

3. Formulate guidelines to improve the secondary school physical plants and equipment,
and general management of these schools.

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

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

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

programs and recommend educational standards for these programs;

3. Develop curricular designs and prepare instructional materials, prepare and evaluate
programs to upgrade the quality of teaching and non-teaching staff, and formulate
guidelines to improve the physical plant and equipment of post-secondary vocational-
technical schools.
Section 65. Bureau of Higher Education - The Bureau of higher Education shall perform
the following functions:

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

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

3. Provide technical assistance to encourage institutional development programs and

projects;

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

5. Perform other functions provided for by law.

Section 66. Bureau of Continuing Education - As the main implementing arm of the non-
formal education programs of the Ministry, the Bureau shall provide learning programs
or activities that shall:

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

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

3. Serve as a means for expanding access to educational opportunities to citizens of

varied interests, demographic characteristics and socio-economic origins or status.
 CHAPTER 4

REGIONAL OFFICES

Section 67. Functions - A regional office shall:

1. Formulate the regional plan of education based on the national plan of the Ministry
taking into account the specific needs and special traditions of the region;

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

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

V. MISCELLANEOUS PROVISIONS

CHAPTER 1

PENAL ADMINISTRATIVE SANCTIONS

Section 68. Penalty Clause - Any person upon conviction for an act in violation of
Section 28, Chapter 3, Title III above, shall be punished with a fine of not less than two
thousand pesos (P2,000.00) nor more than ten thousand pesos (P10,000.00) or
imprisonment for a maximum period of two (2) years, or both, in the discretion of the
court. If the act is committed by a school corporation, the school head together with the
person or persons responsible for the offense or violation shall be equally liable.

Section 69. Administrative Sanction - The Minister of Education, Culture and Sports may
prescribe and impose such administrative sanction as he may deem reasonable and
appropriate in the implementing rules and regulations promulgated pursuant to this Act
for any of the following causes:

1. Mismanagement of school operations;

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

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

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

implementing rules and regulations; and

5. Unauthorized operation of a school or course, or any component thereof, or any

violation of the requirement governing advertisements or announcements of educational
institutions.

Sanctions against the schools shall be without prejudice to the interest of the students,
teachers and employees.

CHAPTER 2

ADMINISTRATIVE PROVISIONS

Section 70. Rule-making Authority - The Minister Education, Culture and Sports charged
with the administration and enforcement of this Act, shall promulgate the necessary
implementing rules and regulations.

Section 71. Reparability 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.
 Magna-Carta for Public School Teacher

I. DECLARATION OF POLICY COVERAGE

Section 1. Declaration of Policy. It is hereby declared to be the policy of this Act to

promote and improve the social and economic status of public school teachers, their living
and working conditions, their terms of employment and career prospects in order that they
may compare favorably with existing opportunities in other walks of life, attract and retain
in the teaching profession more people with the proper qualifications, it being recognized
that advance in education depends on the qualifications and ability of the teaching staff and
that education is an essential factor in the economic growth of the nation as a productive
investment of vital importance.

Section 2. Title Definition. This Act shall be known as the "Magna Carta for Public School
Teachers" and shall apply to all public school teachers except those in the professorial staff
of state colleges and universities.

As used in this Act, the term "teacher" shall mean all persons engaged in classroom
teaching, in any level of instruction, on full-time basis, including guidance counselors,
school librarians, industrial arts or vocational instructors, and all other persons performing
supervisory and/or administrative functions in all schools, colleges and universities
operated by the Government or its political subdivisions; but shall not include school
nurses, school physicians, school dentists, and other school employees.

II. RECRUITMENT AND CAREER

Section 3. Recruitment and Qualification. Recruitment policy with respect to the selection
and appointment of teachers shall be clearly defined by the Department of Education:
Provided, however, that effective upon the approval of this Act, the following shall
constitute the minimum educational qualifications for teacher-applicants:

(a) For teachers in the kindergarten and elementary grades, Bachelor's degree in
Elementary Education (B.S.E.ED.);

(b) For teachers of the secondary schools, Bachelor's degree in Education or its equivalent
with a major and a minor; or a Bachelor's degree in Arts or Science with at least eighteen
professional units in Education.

(c) For teachers of secondary vocational and two years’ technical courses, Bachelor's
degree in the field of specialization with at least eighteen professional units in education;

(d) For teachers of courses on the collegiate level, other than vocational, master's degree
with a specific area of specialization;

Provided, further, That in the absence of applicants who possess the minimum
educational qualifications as hereinabove provided, the school superintendent may appoint,
under a temporary status, applicants who do not meet the minimum qualifications:
Provided, further, That should teacher-applicants, whether they possess the minimum
educational qualifications or not, be required to take competitive examinations, preference
in making appointments shall be in the order of their respective ranks in said competitive
examinations: And provided, finally, That the results of the examinations shall be made
public and every applicant shall be furnished with his score and rank in said examinations.

Section 4. Probationary Period. When recruitment takes place after adequate training and
professional preparation in any school recognized by the Government, no probationary
period preceding regular appointment shall be imposed if the teacher possesses the
appropriate civil service eligibility: Provided, however, That where, due to the exigencies
of the service, it is necessary to employ as teacher a person who possesses the minimum
educational qualifications herein above set forth but lacks the appropriate civil service
eligibility, such person shall be appointed on a provisional status and shall undergo a period
of probation for not less than one year from and after the date of his provisional
appointment.

Section 5. Tenure of Office. Stability on employment and security of tenure shall be

assured the teachers as provided under existing laws. Subject to the provisions of Section
three hereof, teachers appointed on a provisional status for lack of necessary civil service
eligibility shall be extended permanent appointment for the position he is holding after
having rendered at least ten years of continuous, efficient and faithful service in such
position.

Section 6. Consent for Transfer Transportation Expenses. Except for cause and as herein
otherwise provided, no teacher shall be transferred without his consent from one station to
another.

Where the exigencies of the service require the transfer of a teacher from one station
to another, such transfer may be effected by the school superintendent who shall previously
notify the teacher concerned of the transfer and the reason or reasons therefor. If the teacher
believes there is no justification for the transfer, he may appeal his case to the Director of
Public Schools or the Director of Vocational Education, as the case may be. Pending his
appeal and the decision thereon, his transfer shall be held in abeyance: Provided, however,
that no transfers whatever shall be made three months before any local or national election.
Necessary transfer expenses of the teacher and his family shall be paid for by the
Government if his transfer is finally approved.
Section 7. Code of Professional Conduct for Teachers. Within six months from the
approval of this Act, the Secretary of Education shall formulate and prepare a Code of
Professional Conduct for Public School Teachers. A copy of the Code shall be furnished
each teacher: Provided, however, that where this is not possible by reason of inadequate
fiscal resources of the Department of Education, at least three copies of the same Code
shall be deposited with the office of the school principal or head teacher where they may
be accessible for use by the teachers.

Section 8. Safeguards in Disciplinary Procedure. Every teacher shall enjoy equitable

safeguards at each stage of any disciplinary procedure and shall have:

a. the right to be informed, in writing, of the charges;

b. the right to full access to the evidence in the case;

c. the right to defend himself and to be defended by a representative of his choice and/or
by his organization, adequate time being given to the teacher for the preparation of his
defense; and

d. the right to appeal to clearly designated authorities.

No publicity shall be given to any disciplinary action being taken against a

teacher during the pendency of his case.

Section 9. Administrative Charges. Administrative charges against a teacher shall be heard

initially by a committee composed of the corresponding School Superintendent of the
Division or a duly authorized representative who should at least have the rank of a division
supervisor, where the teacher belongs, as chairman, a representative of the local or, in its
absence, any existing provincial or national teacher's organization and a supervisor of the
Division, the last two to be designated by the Director of Public Schools. The committee
shall submit its findings and recommendations to the Director of Public Schools within
thirty days from the termination of the hearings: Provided, however, that where the school
superintendent is the complainant or an interested party, all the members of the committee
shall be appointed by the Secretary of Education.

Section 10. No Discrimination. There shall be no discrimination whatsoever in entrance to

the teaching profession, or during its exercise, or in the termination of services, based on
other than professional consideration.

Section 11. Married Teachers. Whenever possible, the proper authorities shall take all steps
to enable married couples, both of whom are public school teachers, to be employed in the
same locality.

Section 12. Academic Freedom. Teachers shall enjoy academic freedom in the discharge
of their professional duties, particularly with regard to teaching and classroom methods.

III. HOURS OF WORK AND REMUNERATION

Section 13. Teaching Hours. Any teacher engaged in actual classroom instruction shall not
be required to render more than six hours of actual classroom teaching a day, which shall
be so scheduled as to give him time for the preparation and correction of exercises and
other work incidental to his normal teaching duties: Provided, however, That where the
exigencies of the service so require, any teacher may be required to render more than six
hours but not exceeding eight hours of actual classroom teaching a day upon payment of
additional compensation at the same rate as his regular remuneration plus at least twenty-
five per cent of his basic pay.
Section 14. Additional Compensation. Not with standing any provision of existing law to
the contrary, co-curricular and out of school activities and any other activities outside of
what is defined as normal duties of any teacher shall be paid an additional compensation
of at least twenty-five per cent of his regular remuneration after the teacher has completed
at least six hours of actual classroom teaching a day.

In the case of other teachers or school officials not engaged in actual classroom
instruction, any work performed in excess of eight hours a day shall be paid an additional
compensation of at least twenty-five per cent of their regular remuneration.

The agencies utilizing the services of teachers shall pay the additional
compensation required under this section. Education authorities shall refuse to allow the
rendition of services of teachers for other government agencies without the assurance that
the teachers shall be paid the remuneration provided for under this section.

Section 15. Criteria for Salaries. Teacher's salaries shall correspond to the following
criteria:

(a) they shall compare favorably with those paid in other occupations requiring equivalent
or similar qualifications, training and abilities;

(b) they shall be such as to insure teachers a reasonable standard of life for themselves and
their families; and

(c) they shall be properly graded so as to recognize the fact that certain positions require
higher qualifications and greater responsibility than others: Provided, however, That the
general salary scale shall be such that the relation between the lowest and highest salaries
paid in the profession will be of reasonable order. Narrowing of the salary scale shall be
achieved by raising the lower end of the salary scales relative to the upper end.

Section 16. Salary Scale. Salary scales of teachers shall provide for a gradual progression
from a minimum to a maximum salary by means of regular increments, granted
automatically after three years: Provided, That the efficiency rating of the teacher
concerned is at least satisfactory. The progression from the minimum to the maximum of
the salary scale shall not extend over a period of ten years.

Section 17. Equality in Salary Scales. The salary scales of teachers whose salaries are
appropriated by a city, municipal, municipal district, or provincial government, shall not
be less than those provided for teachers of the National Government.

Section 18. Cost of Living Allowance. Teacher's salaries shall, at the very least, keep pace
with the rise in the cost of living by the payment of a cost-of-living allowance which shall
automatically follow changes in a cost-of-living index. The Secretary of Education shall,
in consultation with the proper government entities, recommend to Congress, at least
annually, the appropriation of the necessary funds for the cost-of-living allowances of
teachers employed by the National Government. The determination of the cost-of-living
allowances by the Secretary of Education shall, upon approval of the President of the
Philippines, be binding on the city, municipal or provincial government, for the purposes
of calculating the cost-of-living allowances of teachers under its employ.

Section 19. Special Hardship Allowances. In areas in which teachers are exposed to
hardship such as difficulty in commuting to the place of work or other hazards peculiar to
the place of employment, as determined by the Secretary of Education, they shall be
compensated special hardship allowances equivalent to at least twenty-five per cent of their
monthly salary.
Section 20. Salaries to be Paid in Legal Tender. Salaries of teachers shall be paid in legal
tender of the Philippines or its equivalent in checks or treasury warrants. Provided,
however, that such checks or treasury warrants shall be cashable in any national, provincial,
city or municipal treasurer's office or any banking institutions operating under the laws of
the Republic of the Philippines.

Section 21. Deductions Prohibited. No person shall make any deduction whatsoever from
the salaries of teachers except under specific authority of law authorizing such deductions:
Provided, however, that upon written authority executed by the teacher concerned, (1)
lawful dues and fees owing to the Philippine Public School Teachers Association, and (2)
premiums properly due on insurance policies, shall be considered deductible.

IV. HEALTH MEASURES AND INJURY BENEFITS

Section 22. Medical Examination and Treatment. Compulsory medical examination shall
be provided free of charge for all teachers before they take up teaching, and shall be
repeated not less than once a year during the teacher's professional life. Where medical
examination show that medical treatment and/or hospitalization is necessary, same shall be
provided free by the government entity paying the salary of the teachers.

In regions where there is scarcity of medical facilities, teachers may obtain

elsewhere the necessary medical care with the right to be reimbursed for their traveling
expenses by the government entity concerned in the first paragraph of this Section.

Section 23. Compensation for Injuries. Teachers shall be protected against the
consequences of employment injuries in accordance with existing laws. The effects of the
physical and nervous strain on the teacher's health shall be recognized as a compensable
occupational disease in accordance with existing laws.

V. LEAVE AND RETIREMENT BENEFITS

Section 24. Study Leave. In addition to the leave privileges now enjoyed by teachers in the
public schools, they shall be entitled to study leave not exceeding one school year after
seven years of service. Such leave shall be granted in accordance with a schedule set by
the Department of Education. During the period of such leave, the teachers shall be entitled
to at least sixty per cent of their monthly salary: Provided, however, that no teacher shall
be allowed to accumulate more than one-year study leave, unless he needs an additional
semester to finish his thesis for a graduate study in education or allied courses: Provided,
further, that no compensation shall be due the teacher after the first year of such leave. In
all cases, the study leave period shall be counted for seniority and pension purposes.

The compensation allowed for one-year study leave as herein provided shall be
subject to the condition that the teacher takes the regular study load and passes at least
seventy-five per cent of his courses. Study leave of more than one year may be permitted
by the Secretary of Education but without compensation.

Section 25. Indefinite Leave. An indefinite sick leave of absence shall be granted to
teachers when the nature of the illness demands a long treatment that will exceed one year
at the least.

Section 26. Salary Increase upon Retirement. Public school teachers having fulfilled the
age and service requirements of the applicable retirement laws shall be given one range
salary raise upon retirement, which shall be the basis of the computation of the lump sum
of the retirement pay and the monthly benefits thereafter.
 VI. TEACHER'S ORGANIZATION

Section 27. Freedom to Organize. Public school teachers shall have the right to freely and
without previous authorization both to establish and to join organizations of their choosing,
whether local or national to further and defend their interests.

Section 28. Discrimination Against Teachers Prohibited. The rights established in the
immediately preceding Section shall be exercised without any interference or coercion. It
shall be unlawful for any person to commit any acts of discrimination against teachers
which are calculated to:

(a) make the employment of a teacher subject to the condition that he shall not join an
organization, or shall relinquish membership in an organization,

(b) to cause the dismissal of or otherwise prejudice a teacher by reason of his membership
in an organization or because of participation in organization activities outside school
hours, or with the consent of the proper school authorities, within school hours, and

(c) to prevent him from carrying out the duties laid upon him by his position in the
organization, or to penalize him for an action undertaken in that capacity.

Section 29. National Teacher's Organizations. National teachers' organizations shall be

consulted in the formulation of national educational policies and professional standards,
and in the formulation of national policies governing the social security of the teachers.
 VII. ADMINISTRATION AND ENFORCEMENT

Section 30. Rules and Regulations. The Secretary of Education shall formulate and prepare
the necessary rules and regulations to implement the provisions of this Act. Rules and
regulations issued pursuant to this Section shall take effect thirty days after publication in
a newspaper of general circulation and by such other means as the Secretary of Education
deems reasonably sufficient to give interested parties general notice of such issuance.

Section 31. Budgetary Estimates. The Secretary of Education shall submit to Congress
annually the necessary budgetary estimates to implement the provisions of the Act
concerning the benefits herein granted to public school teachers under the employ of the
National Government.

Section 32. Penal Provision. A person who shall willfully interfere with, restrain or coerce
any teacher in the exercise of his rights guaranteed by this Act or who shall in any other
manner commit any act to defeat any of the provisions of this Act shall, upon conviction,
be punished by a fine of not less than one hundred pesos nor more than one thousand pesos,
or by imprisonment, in the discretion of the court. If the offender is a public official, the
court shall order his dismissal from the Government service.

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

Section 34. Reparability 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.
 R.A. 7836- Philippine Teacher and
Professionalization Act of 1994

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."

Section 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.

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

(a) The promotion, development and professionalization of teachers and the teaching
profession; and chain robles virtual law library

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

Section 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 chain robles virtual law library.

(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

Section 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 recommended
chosen by the Commission. The recommended 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.

Section 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; chain robles virtual law library.

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

(c) Issue, suspend, or revoke the 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 for the practice of
the teaching profession. Such ethical standards, rules and regulations to take effect sixty
(60) days after its publication in the Official Gazette or in any newspaper of general
circulation;

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

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

(h) Adopt an official seal of the Board;

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

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

(k) Investigate such violations of this Act, the rules and 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.

Section 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.
Section 8. Qualification of Board Members. — Each Board member must at the time of
his appointment:

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

(b) Be at least thirty-five (35) years of age, of proven integrity, and possessed of high
moral values in his personal as well as professional conduct and has not been convicted
of any offense involving moral turpitude;

(c) Be a holder of the degree of Bachelor of Arts or Bachelor of Science in Education and
preferably a holder of a master's or doctorate degree in education, or their equivalents,
from a university, school, college, academy or institute duly constituted, recognized
and/or accredited by the Philippine government;

(d) Be a professional teacher with a valid certificate of registration and valid professional
license, save those members who shall compose the first Board for Professional
Teachers;

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

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

Provided, however, That, the membership to the Board shall be evenly distributed
to cover all levels of education, including equitable representation of the different fields
of specialization.
Section 9. Compensation of the Board. — The chairman, vice-chairman, and members of
the Board shall receive compensation comparable to the compensation received by
existing regulatory boards under the Professional Regulation Commission, computed on
the basis of the number of examinees/candidates.

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

Section 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.

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

ARTICLE III

EXAMINATION AND REGISTRATION

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

specifically allowed under the provisions of this Act, all applicants for registration as
professional teachers shall be required to undergo a written examination which shall be
given at least once a year in such places and dates as the Board may determine upon
approval by the Commission. A valid certificate of registration and a valid professional
license from the Commission are required before any person is allowed to practice as a
professional teacher in the Philippines, except as otherwise allowed under this Act.
Section 14. Scope of Examination. — The examinations for the elementary and secondary
school teachers shall be separate. The examination for teachers in the elementary level shall
consist of two (2) parts, namely: professional education and general education. The
examination for teachers in the secondary level shall consist of three (3) parts, namely:
professional education, general education, and field of specialization.

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

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

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

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

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

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

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

possesses the minimum educational qualifications, as follows:

(1) For teachers in preschool, a bachelor's degree in early childhood education (BECED)
or its equivalent;
(2) For teachers in the elementary 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'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.

Section 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.

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

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

Section 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.

Section 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 refresher course or program before being allowed to
retake the examination. Failure of any permanent teacher to pass the merit examination
shall not, however, be used as a ground for his/her dismissal or demotion.

Section 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 higher position 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.

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

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

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

(b) Immoral, unprofessional or dishonorable conduct;

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

insane;
(d) Malpractice, gross incompetence, gross negligence or serious ignorance of the
practice of the teaching profession;

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

registration, professional license or special/temporary permit;

(f) Chronic inebriety or habitual use of drugs;

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

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

The decision of the Board to revoke or suspend a certificate may be appealed to

the regional trial court of the place where the Board holds office within fifteen (15) days
from receipt of the said decision or of the denial of the motion for reconsideration filed in
due time.

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

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

Section 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;

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

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

(1) An elementary or secondary teacher for five (5) years in good standing and a holder
of Bachelor of Science in Education or its equivalent; or
(2) An elementary or secondary teacher for three (3) years in good standing and a holder
of a master's degree in education or its equivalent.

Provided, That they shall be given two (2) years from the organization of the Board
for professional teachers within which to register and be included in the roster of
professional teachers: Provided, further, That those incumbent teachers who are not
qualified to register without examination under this Act or who, albeit qualified, were
unable to register within the two-year period shall be issued a five-year temporary or
special permit from the time the Board is organized within which to register after passing
the examination and complying with the requirements provided this Act and be included
in the roster of professional teachers: Provided, furthermore, That those who have failed
the licensure examination for professional 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

Section 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.

Section 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.

Section 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.

Section 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.

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

Provided, however, That the Professional Board Examination for Teachers

(PBET) shall still be administered by the Civil Service Commission and the Department
of Education, Culture and Sports for the year 1995.

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

Section 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.
Section 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.
 Republic Act 9155

AN ACT INSTITUTING A FRAME WORK OF GOVERNANCE FOR

BASIC EDUCATION, ESTABLISHING AUTHORITY AND

ACCOUNTABILITY, RENAMING THE DEPARTMENT OF

EDUCATION, CULTURE AND SPORTS AS THE DEPARTMENT OF

EDUCATION, AND FOR OTHER PURPOSES

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

Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Governance of Basic Education
Act of 2001."

Section 2. Declaration of Policy. - It is hereby declared the policy of the State to protect
and promote the right of all citizens to quality basic education and to make such education
accessible to all by providing all Filipino children a free and compulsory education in the
elementary level and free education in the high school level. Such education shall also
include alternative learning systems for out-of-school youth and adult learners. It shall be
the goal of basic education to provide them with the skills, knowledge and values they need
to become caring, self-reliant, productive and patriotic citizens.

The school shall be the heart of the formal education system. It is where children
learn. Schools shall have a single aim of providing the best possible basic education for all
learners.

Governance of basic education shall begin at the national level it is at the regions,
divisions, schools and learning centers herein referred to as the field offices - where the
policy and principle for the governance of basic education shall be translated into
programs, projects and services developed, adapted and offered to fit local needs.
 The State shall encourage local initiatives for improving the quality of basic
education. The State shall ensure that the values, needs and aspirations of a school
community are reflected in the program of education for the children, out-of-school youth
and adult learners. Schools and learning centers shall be empowered to make decisions on
what is best for the learners they serve.

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 non-formal and
informal sources of knowledge and skills;

(b) Basic Education - is the education intended to meet basic learning needs which lays the
foundation on which subsequent learning can be based. It encompasses early childhood,
elementary and high school education as well as alternative learning systems four out-of-
school youth and adult learners and includes education for those with special needs;

(c) Cluster of Schools - is a group of schools which are geographically contiguous and
brought together to improve the learning outcomes;

(d) Formal Education - is the systematic and deliberate process of hierarchically structured
and sequential learning corresponding to the general concept of elementary and secondary
level of schooling. At the end of each level, the learner needs a certification in order to
enter or advance to the next level;

(e) Informal Education - is a lifelong process of learning by which every person acquires
and accumulates knowledge, skills, attitudes and insights from daily experiences at home,
at work, at play and from life itself;
(f) Integrated School. - is a school that offers a complete basic education in one school site
and has unified instructional program;

(g) Learner - is any individual seeking basic literacy skills and functional life skills or
support services for the improvement of the quality of his/her life;

(h) Learning Center - is a physical space to house learning resources and facilities of a
learning program for out-of-school youth and adults. It is a venue for face-to-face learning
and activities and other learning opportunities for community development and
improvement of the people's quality of life;

(i) Learning Facilitator - is the key learning support person who is responsible for
supervising/facilitating the learning process and activities of the learner;

(j) Non-Formal Education - is any organized, systematic educational activity carried

outside the framework of the formal system to provide selected types of learning to a
segment of the population;

(k) Quality Education - is the appropriateness, relevance and excellence of the education
given to meet the needs and aspirations of an individual and society;

(I). School - is an educational institution, private and public, undertaking educational

operation with a specific age-group of pupils or students pursuing defined studies at defined
levels, receiving instruction from teachers, usually located in a building or a group of
buildings in a particular physical or cyber site; and

(m). School Head - is a person responsible for the administrative and instructional
supervision of the school or cluster of schools.
 CHAPTER 1

GOVERNANCE OF BASIC EDUCATION

Section 5. Principles of Shared Governance. –(a) Shared governance is a principle which

recognizes that every unit in the education bureaucracy has a particular role, task and
responsibility inherent in the office and for which it is principally accountable for
outcomes;

(b) The process of democratic consultation shall be observed in the decision-making

process at appropriate levels. Feedback mechanisms shall be established to ensure
coordination and open communication of the central office with the regional, division and
school levels;
(c) The principles of accountability and transparency shall be operationalized in the
performance of functions and responsibilities at all levels; and

(d) The communication channels of field offices shall be strengthened to facilitate flow of
information and expand linkages with other government agencies, local government units
and nongovernmental organizations for effective governance.

Section 6. Governance. - The Department of Education, Culture and Sports shall

henceforth be called the Department of Education. It shall be vested with authority,
accountability and responsibility for ensuring access to, promoting equity in, and
improving the quality of basic education. Arts, culture and sports shall be as provided for
in Sections 8 and 9 hereof.

Section 7. Powers, Duties and Functions. - The Secretary of the Department of Education
shall exercise overall authority and supervision over the operations of the Department.

A. National Level- In addition to his/her powers under existing laws, the Secretary of
Education shall have authority, accountability and responsibility for the following:
(1) Formulating national educational policies;

(2) Formulating a national basic education plan;

(3) Promulgating national educational Standards;

(4) Monitoring and assessing national learning outcomes;

(5) Undertaking national educational research and studies;

(6) Enhancing the employment status, professional competence, welfare and working
conditions of all personnel of the Department; and

(7) Enhancing the total development of learners through local and national programs and/or
projects.

The Secretary of Education shall be assisted by not more than four (4)
undersecretaries and not more than four (4) assistant secretaries whose assignments, duties
and responsibilities shall be governed by law. There shall be at least one undersecretary
and one assistant secretary who shall be career executive service officers chosen from
among the staff of the Department.

B. Regional Level- There shall be as many regional offices as may be provided by law.
Each regional office shall have a director, an assistant director and an office staff for
program promotion and support, planning, administrative and fiscal services.

Consistent with the national educational policies, plans and standards, the regional
director shall have authority, accountability and responsibility for the following:

(1) Defining a regional educational policy framework which reflects the values, needs and
expectations of the communities they serve;
(2) Developing a regional basic education plan;

(3) Developing regional educational standards with a view towards bench-marking for
international competitiveness;

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

(5) Undertaking research projects and developing and managing region wide projects
which may be funded through official development assistance and/or or other finding
agencies;

(6) Ensuring strict compliance with prescribed national criteria for the recruitment,
selection and training of all staff in the region and divisions.

(7) Formulating, in coordination with the regional development council, the budget to
support the regional educational plan which shall take into account the educational plans
of the divisions and districts;

(8) Determining the organization component of the divisions and districts and approving
the proposed staffing pattern of all employees in the divisions and districts;

(9) Hiring, placing and evaluating all employees in the regional office, except for the
position of assistant director;

(10) Evaluating all school’s division superintendents and assistant division superintendents
in the region;

(11) Planning and managing the effective and efficient use of all personnel, physical and
fiscal resources of the regional office, including professional staff development.;
(12) Managing the database and management information system of the region;

(13) Approving the establishment of public and private elementary and high schools and
learning centers; and

(14) Preforming such other functions as may be assigned by proper authorities.

C. Division Level-A division shall consist of a province or a city which shall have a
school’s division superintendent, at least one assistant school’s 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 school’s
division superintendents shall have authority, accountability and responsibility for the
following:

(1) Developing and implementing division education development plans;

(2) Planning and managing the effective and efficient use of all personnel, physical and
fiscal resources of the division, including professional staff development;

(3) Hiring, placing and evaluating all division supervisors and schools district supervisors
as well as all employees in the division, both teaching and non-teaching personnel,
including school heads, except for the assistant division superintendent;

(4) Monitoring the utilization of funds provided by the national government and the local
government units to the schools and learning centers;

(5) Ensuring compliance of quality standards for basic education programs and for this
purpose strengthening the role of division supervisors as subject area specialists;
(6) Promoting awareness of and adherence by all schools and learning centers to
accreditation standards prescribed by the Secretary of Education;

(7) Supervising the operations of all public and private elementary, secondary and
integrated schools, and learning centers; and

(8) Performing such other functions as may be assigned by proper authorities.

D. Schools District Level- Upon the recommendation of the school’s division

superintendents, the regional director may establish additional schools district within a
school’s division. School districts already existing at tile time of the passage of the law
shall be maintained. A school’s district shall have a school’s district supervisor and an
office staff for program promotion.

The schools district supervisor shall be responsible for:

(1) Providing professional and instructional advice and support to the school heads and
teachers/facilitators of schools and learning centers in the district or cluster thereof;

(2) Curricula supervision; and

(3) Performing such other functions as may be assigned by proper authorities.

E. School Level- There shall be a school head for all public elementary schools and public
high schools or a cluster thereof. The establishment of integrated schools from existing
public elementary and public high schools shall be encouraged.
The school head, who may be assisted by an assistant school head, shall be both an
instructional leader and administrative manager. The school head shall form a them with
the school teacher’s/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;

(2) Creating an environment within the school that is conducive to teaching and learning;
(3) Implementing the school curriculum and being accountable for higher learning
outcomes;

(4) Developing the school education program and school improvement plan;

(5) Offering educational programs, projects and services which provide equitable
opportunities for all learners in the community;

(6) Introducing new and innovative modes of instruction to achieve higher learning
outcomes;

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

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

(9) Encouraging staff development;

(10) Establishing school and community networks and encouraging the active participation
of teacher’s 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

(12) Performing such other functions as may be assigned by proper authorities.

The Secretary of Education shall create a promotions board, at the appropriate levels, which
shall formulate and implement a system of promotion for school’s decision supervisors,
schools district supervisors, and school heads. Promotion of school heads shall be based
on educational qualification, merit and performance rather than on the number of
teacher’s/learning facilitators and learners in the school.

The qualifications, salary grade, status of employment and welfare and benefits of
school heads shall be the same for public elementary, secondary and integrated schools.
No appointment to the positions of regional directors, assistant regional directors, school’s
division superintendents and assistant school’s division superintendents shall be made
unless file appointee is a career executive service officer who preferably shall have risen
from the ranks.

CHAPTER 2

TRANSFER OF CULTURAL AGENCIES

Section 8. Cultural Agencies. - The Komisyon ng Wikang Pilipino, National Historical

Institute, Records Management and Archives Office and the National Library shall now be
administratively attached to the National Commission for Culture and the Arts (NCCA)
and no longer with 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

Section 9. Abolition of BPESS. - All functions, programs and activities of the Department
of Education related to sports competition shall be transferred to the Philippine Sports
Commission (PSC). The program for school sports and physical fitness shall remain part
of the basic education curriculum.
The Bureau of Physical Education and School Sports (BPESS) is hereby abolished. The
personnel of the BPESS, presently detailed with the PSC, are hereby transferred to the PSC
without loss of rank, including the plantilla positions they occupy. All other BPESS
personnel shall be retained by the Department.

CHAPTER 4

SUPPORT AND ASSISTANCE OF OTHER GOVERNMENT

AGENCIES

Section 10. The Secretary of Education and the Secretary of Budget and Management
shall, within ninety (90) days from the approval of this Act, jointly promulgate the
guidelines on the allocation, distribution and utilization of resources provided by the
national government for the field offices, taking into consideration the uniqueness of the
working conditions of the teaching service.
The Secretary of the Department of Education shall ensure that resources appropriated for
the field offices are adequate and that resources for school personnel, school desks and
textbooks and other instructional materials intended are allocated directly and released
immediately by the Department of Budget and Management to said offices.

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.