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CODE OF ETHICS FOR PROFESSIONAL TEACHERS

Pursuant to the provisions of paragraph (e). Article 11, of R. A.. No. 7836. otherwise
known as the Philippines Professionalization Act of 1994 and Paragraph (a), section 6. P.D. No.
223. as amended, the Board for Professional Teachers hereby adopt the Code of Ethics for
Professional Teachers.
 
PREAMBLE
Teachers are a duly licensed professional who possesses dignity and reputation with high
moral values as well as technical and professional competence in the practice of their noble
profession, they strictly adhere to. Observe, and practice this set of ethical and moral principles,
standards, and values.
 
A R T I C L E I – S C O P E A N D L I M I TAT I O N S
Section 1. The Philippine Constitution provides that all educational institution shall offer quality
education for all competent teachers committed of it’s full realization The provision of this
Code shall apply, therefore, to all teachers in schools in the Philippines.
Section 2. This Code covers all public and private school teachers in all educational institutions
at the preschool, primary, elementary. and secondary levels whether academic, vocational,
special, technical, or non-formal. The term “teacher” shall include industrial arts or
vocational teachers and all other persons performing supervisory and /or administrative
functions in all school at the aforesaid levels, whether on full time or part-time basis.
 
A R T I C L E I I – T H E T E A C H E R A N D T H E S TAT E
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 carryout the declared policies of the
state, and shall take an oath to this effect.
Section 3. In the interest of the State and of the Filipino people as much as of his own. every
teacher shall be physically, mentally and morally fit.
Section 4. Every teacher shall possess and actualize a full commitment and devotion to duty.
Section 5. A teacher shall not engage in the promotion of any political, religious, or other
partisan interest, and shall not. directly or indirectly, solicit, require, collect, or receive
any money or service or other valuable material from any person or entity for such
purposes
Section 6. Every teacher shall vote and shall exercise all other constitutional rights and
responsibility.
Section 7. A teacher shall not use his position or facial authority or influence to coerce any other
person to follow any political course of action.
Section 8. Every teacher shall enjoy academic freedom and shall have privilege of expounding
the product of his researches and investigations: provided that, if the results are inimical to
the declared policies of the State, they shall be brought to the proper authorities for
appropriate remedial action.

ARTICLE III – THE TEACHER AND THE COMMUNITY


Section 1. A teacher is a facilitator of learning and of the development of the youth: he shall,
therefore, render the best service by providing an environment conducive to such learning
and growth.

Section 2. Every teacher shall provide leadership and initiative to actively participate in
community movements for moral, social, educational, economic and civic betterment.
Section 3. Every teacher shall merit reasonable social recognition for which purpose he shall
behave with honor and dignity at all times and refrain for such activities as gambling,
smoking, drunkenness, and other excesses, much less illicit relations.
Section 4. Every teacher shall live for and with the community and shall, therefore, study and
understand local customs and traditions in order to have sympathetic attitude, therefore,
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refrain from disparaging the community.
Section 5. Every teacher shall help the school keep the people in the community informed about
the school’s work and accomplishments as well as its needs and problems.
Section 6. Every teacher is intellectual leader in the community, especially in the barangay. and
shall welcome the opportunity to provide such leadership when needed, to extend
counseling services, as appropriate, and to actively be involved in matters affecting the
welfare of the people.
Section 7. Every teacher shall maintain harmonious and pleasant personal and official relations
with other professionals, with government officials, and with the people, individually or
collectively.
Section 8. A teacher posses freedom to attend church and worships as appropriate, but shall not
use his positions and influence to proselyte others.
 
ARTICLE IV – A TEACHER AND THE PROFESSION
Section 1. Every teacher shall actively insure that teaching is the noblest profession, and shall
manifest genuine enthusiasm and pride in teaching as a noble calling.
Section 2. Every teacher shall uphold the highest possible standards of quality education, shall
make the best preparations for the career of teaching, and shall be at his best at all times
and in the practice of his profession.
Section 3. Every teacher shall participate in the Continuing Professional Education (CPE)
program of the Professional Regulation Commission, and shall pursue such other studies
as will improve his efficiency, enhance the prestige of the profession, and strengthen his
competence, virtues, and productivity in order to be nationally and internationally
competitive.
Section 4. Every teacher shall help, if duly authorized, to seek support from the school, but shall
not make improper misrepresentations through personal advertisements and other
questionable means.
Section 5. Every teacher shall use the teaching profession in a manner that makes it dignified
means for earning a descent living.
 
A RT ICL E V – TH E T EACH ER S AND TH E P RO FE SS IO N
Section 1. Teacher shall, at all times, be imbued with the spirit of professional loyalty, mutual
confidence, and faith in one another, self sacrifice for the common good, and full
cooperation with colleagues. When the best interest of the learners, the school, or the
profession is at stake in any controversy, teacher shall support one another.
Section 2. A teacher is not entitled to claim credit or work not of his own. and shall give due
credit for the work of others which he may use.
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 the files without permission.
Section 5. It shall be the responsibility of every teacher to seek correctives for what he may
appear to be an unprofessional and unethical conduct of any associates. However, this may
be done only if there is incontrovertible evidence for such conduct.
Section 6. A teacher may submit to the proper authorities any justifiable criticism against an
associate, preferably in writing, without violating the right of the individual concerned.
Section 7. A teacher may apply for a vacant position for which he is qualified: provided that he
respects the system of selection on the basis of merit and competence: provided, further,
that all qualified candidates are given the opportunity to be considered.
 
A RT ICL E VI – T HE T EAC HE R AND H IG HE R AU TH OR ITI ES IN TH E
PROFESSIONS
Section 1. Every teacher shall make it his duties to make an honest effort to understand and
support the legitimate policies of the school and the administration regardless of personal
feeling or private opinion and shall faithfully carry them out.
Section 2. A teacher shall not make any false accusations or charges against superiors, especially
under anonymity. However, if there are valid charges, he should present such under oath to
competent authority.
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Section 3. A teacher shall transact all official business through channels except when special
conditions warrant a different procedure, such as when special conditions are advocated
but are opposed by immediate superiors, in which case, the teacher shall appeal directly to
the appropriate higher authority..
Section 4. Every teacher, individually or as part of a group, has a right to seek redress against
injustice to the administration and to extent possible, shall raise grievances within
acceptable democratic possesses. In doing so. they shall avoid jeopardizing the interest
and the welfare of learners whose right to learn must be respected.
Section 5. Every teacher has a right to invoke the principle that appointments, promotions, and
transfer of teachers are made only on the basis of merit and needed in the interest of the
service.
Section 6. A teacher who accepts a position assumes a contractual obligation to live up to his
contract, assuming full knowledge of employment terms and conditions.
 
ARTICLE VII – SCHOOL OFFICIALS TEACHERS AND OTHER
PERSONNEL
Section 1. All school officials shall at all times show professional courtesy, helpfulness and
sympathy towards teachers and other personnel, such practices being standards of
effective school supervision, dignified administration, responsible leadership and
enlighten directions.
Section 2. School officials, teachers, and other school personnel shall consider 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 a 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 teachers are issued
contracts specifying the terms and conditions of their work: provided that they are given,
if qualified, subsequent permanent tenure, in accordance with existing laws.

 
A RT ICL E VIII – TH E TEA CH ERS AND LEA RNER S
Section 1. A teacher has a right and duty to determine the academic marks and the promotions of
learners in the subject or grades he handles, such determination shall be in accordance
with generally accepted procedures of evaluation and measurement. In case of any
complaint, teachers concerned shall immediately take appropriate actions, of serving due
process.
Section 2. A teacher shall recognize that the interest and welfare of learners are of first and
foremost concerns, and shall deal justifiably and impartially with each of them.
Section 3. Under no circumstance shall a teacher be prejudiced nor discriminated against by the
learner.
Section 4. A teacher shall not accept favors or gifts from learners, their parents or others in their
behalf in exchange for requested concessions, especially if undeserved.
Section 5. A teacher shall not accept, directly or indirectly, any remuneration from tutorials other
what is authorized for such service.
Section 6. A teacher shall base the evaluation of the learner’s work only in merit and quality of
academic performance.
Section 7. In a situation where mutual attraction and subsequent love develop between teacher
and learner, the teacher shall exercise utmost professional 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 a punishment for acts which are clearly not
manifestation of poor scholarship.
Section 9. A teacher shall ensure that conditions contribute to the maximum development of
learners are adequate, and shall extend needed assistance in preventing or solving learner’s
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problems and difficulties.
 
A R T I C L E I X – T H E T E A C H E R S A N D PA R E N T S
Section 1. Every teacher shall establish and maintain cordial relations with parents, and shall
conduct himself to merit their confidence and respect.
Section 2. Every teacher shall inform parents, through proper authorities, of the progress and
deficiencies of learner under him. exercising utmost candor and tact in pointing out
learners deficiencies and in seeking parent’s cooperation for the proper guidance and
improvement of the learners.
Section 3. A teacher shall hear parent’s complaints with sympathy and understanding, and shall
discourage unfair criticism.
 
A RT ICL E X – T HE T EAC HE R AND BU SINE SS
Section 1. A teacher has the right to engage, directly or indirectly, in legitimate income
generation: provided that it does not relate to or adversely affect his work as a teacher.
Section 2. A teacher shall maintain a good reputation with respect to the financial matters such as
in the settlement of his debts and loans in arranging satisfactorily his private financial
affairs.
Section 3. No teacher shall act, directly or indirectly, as agent of, or be financially interested in.
any commercial venture which furnish textbooks and other school commodities in the
purchase and disposal of which he can exercise official influence, except only when his
assignment is inherently, related to such purchase and disposal: provided they shall be in
accordance with the existing regulations: provided, further, that members of duly
recognized teachers cooperatives may participate in the distribution and sale of such
commodities.
 
A RT ICL E XI – T HE TEAC HE R AS A PE RSO N
Section 1. A teacher is, above all. a human being endowed with life for which it is the highest
obligation to live with dignity at all times whether in school, in the home, or elsewhere.
Section 2. A teacher shall place premium upon self-discipline as the primary principles of
personal behavior in all relationships with others and in all situations.
Section 3. A teacher shall maintain at all times a dignified personality which could serve as a
model worthy of emulation by learners, peers and all others.
Section 4. A teacher shall always recognize the Almighty God as guide of his own destiny and of
the destinies of men and nations.
 
A RT ICL E XII – DISCI PL INARY ACTI ON S
Section 1. Any violation of any provisions of this code shall be sufficient ground for the
imposition against the erring teacher of the disciplinary action consisting of revocation of
his Certification of Registration and License as a Professional Teacher, suspension from
the practice of teaching profession, reprimand or cancellation of his temporary/special
permit under causes specified in Sec. 23. Article HI or R.A. No. 7836. and under Rule 31.
Article VIII. of the Rules and Regulations Implementing R.A. 7836.
 
ARTICLE XIII – EFFECTIVITY
Section 1. This Code shall take effect upon approval by the Professional Regulation Commission
and after sixty (60) days following it’s publication in the official Gazette or any newspaper
of general circulation, whichever is earlier.
 

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REPUBLIC ACT NO. 4670 June 18, 1966

THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS


 
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I. DECLARATION OF POLICY COVERAGE 
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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 therefore. 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
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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.
Sec. 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.
Sec. 8. Safeguards in Disciplinary Procedure. Every teacher shall enjoy equitable safeguards at each
stage of any disciplinary procedure and shall have:
 the right to be informed, in writing, of the charges;
 the right to full access to the evidence in the case;
 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
 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 14. Additional Compensation. Notwithstanding any provision of existing law to the contrary, co-
curricula and out of school activities and any other activities outside of what is defined as normal
duties of any teacher shall be paid an additional compensation of at least twenty-five per cent of
his regular remuneration after the teacher has completed at least six hours of actual classroom
teaching a day.
In the case of other teachers or school officials not engaged in actual classroom instruction,
any work performed in excess of eight hours a day shall be paid an additional compensation of at
least twenty-five per cent of their regular remuneration.
The agencies utilizing the services of teachers shall pay the additional compensation required
under this section. Education authorities shall refuse to allow the rendition of services of teachers
for other government agencies without the assurance that the teachers shall be paid the
remuneration provided for under this section.
Sec. 15. Criteria for Salaries. Teacher's salaries shall correspond to the following criteria:
 they shall compare favorably with those paid in other occupations requiring equivalent
or similar qualifications, training and abilities;
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 they shall be such as to insure teachers a reasonable standard of life for themselves and
their families; and
 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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


Sec. 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 travelling expenses by the
government entity concerned in the first paragraph of this Section.
Sec. 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


Sec. 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
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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.
Sec. 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.
Sec. 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


Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 34. Separability Clause. If any provision of this Act is declared invalid, the remainder of this Act
or any provisions not affected thereby shall remain in force and in effect.
Sec. 35. This Act shall take effect upon its approval.
 
Approved: June 18, 1966
 
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BATAS PAMBANSA BLG. 232
 
AN ACT PROVIDING FOR THE ESTABLISHMENT AND
MAINTENANCE OF AN INTEGRATED SYSTEM OF EDUCATION
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I. GENERAL PROVISIONS
CHAPTER 1 Preliminary Matters
SECTION 1. Title. — This Act shall be known as the “Education Act of 1982.”
SECTION 2. Coverage. — This Act shall apply to and govern both formal and non-formal systems in
public and private schools in all levels of the entire educational system.
 
CHAPTER 2 Declaration of Basic State Policy and Objectives
SECTION 3. Declaration of Basic Policy. — It is the policy of the State to established and maintain a
complete, adequate and integrated system of education relevant to the goals of national
development. Toward this end, the government shall ensure, within the context of a free and
democratic system, maximum contribution of the educational system to the attainment of the
following national developmental goals:
1. To achieve and maintain an accelerating rate of economic development and social
progress;
2. To ensure the maximum participation of all the people in the attainment and enjoyment of
the benefits of such growth; and
3. To achieve and strengthen national unity and consciousness and preserve, develop and
promote desirable cultural, moral and spiritual values in a changing world.
The State shall promote the right of every individual to relevant quality education, regardless
of sex, age, creed, socio-economic status, physical and mental conditions, racial or ethnic origin,
political or other affiliation.
The State shall therefore promote and maintain equality of access to education as well as the
enjoyment of the benefits of education by all its citizens. The state shall promote the right of the
nation’s cultural communities in the exercise of their right to develop themselves within the
context of their cultures, customs, traditions, interest and belief, and recognizes education as an
instrument for their maximum participation in national development and in ensuring their
involvement in achieving national unity.
SECTION 4. Declaration of Objectives. — The educational system aim to:
1. Provide for a broad general education that will assist each individuals in the peculiar
ecology of his own society, to (a) attain his potentials as a human being; (b) enhance the
range and quality of individual and group participation in the basic functions of society;
and (c) acquire the essential educational foundation of his development into a productive
and versatile citizen;
2. Train the nation’s manpower in the middle-level skills for national development;
3. Develop the profession that will provide leadership for the nation in the advancement of
knowledge for improving the quality of human life; and
4. Respond effectively to changing needs and conditions of the nation through a system of
educational planning and evaluation.
Towards the realization of these objectives, and pursuant to the Constitution, all educational
institutions shall aim to inculcate love of country, teach the duties of citizenship, and develop
moral character, personal discipline, and scientific, technological, and vocational efficiency.
Furthermore, the educational system shall reach out to educationally deprived communities,
in order to give meaningful reality to their membership in the national society, to enrich their
civic participation in the community and national life, and to unify all Filipinos into a free and
just nation.
 
II. THE EDUCATIONAL COMMUNITY
CHAPTER 1 Preliminary Provisions
SECTION 5. Declaration of Policy and Objectives. — It is likewise declared government policy to
foster, at all times, a spirit of shared purposes and cooperation among the members and elements
of the educational community, and between the community and other sectors of society, in the
realization that only in such an atmosphere can be true goals and objectives of education be
fulfilled.
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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:
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1. The right to receive, primarily through competent instruction, relevant quality education
in line with national goals and conducive to their full development as person with human
dignity.
2. The right to freely chose their field of study subject to existing curricula and to continue
their course therein up to graduation, except in cases of academic deficiency, or violation
of disciplinary regulations.
3. The right to school guidance and counseling services for decisions and selecting the
alternatives in fields of work suited to his potentialities.
4. The right of access to his own school records, the confidentiality of which the school
shall maintain and preserve
5. The right to the issuance of official certificates, diplomas, transcript of records, grades,
transfer credentials and other similar documents within thirty days from request.
6. The right to publish a student newspaper and similar publications, as well as the right to
invite resource persons during assemblies, symposia and other activities of similar
nature.
7. The right to free expression of opinions and suggestions, and to effective channels of
communication with appropriate academic channels and administrative bodies of the
school or institution.
8. The right to form, establish, join and participate in organizations and societies
recognized by the school to foster their intellectual, cultural, spiritual and physical
growth and development, or to form, establish, join and maintain organizations and
societies for purposes not contrary to law.
9. The right to be free from involuntary contributions, except those approved by their own
he organizations or societies.
SECTION 10. Rights of all School Personnel. — In addition to other rights provided for by law, the
following rights shall be enjoyed by all school personnel:
1. The right to free expression of opinion and suggestions, and to effective channels of
communication with appropriate academic and administrative bodies of the school or
institution.
2. The right to be provided with free legal service by the appropriate government office in
the case of public school personnel, and through the school authorities concerned in the
case of private school personnel, when charged in an administrative, civil and/or
criminal proceedings by parties other than the school or regulatory authorities
concerned for actions committed directly in the lawful discharge of professional duties
and/or in defense of school policies.
3. The right to establish, join and maintain labor organizations and/or professional and
self-regulating organizations of their choice to promote their welfare and defend their
interests.
4. The right to be free from involuntary contributions except those imposed by their own
organizations.
SECTION 11. Special Rights and/or Privileges of Teaching or Academic Staff — Further to the
rights mentioned in the preceding Section, every member of the teaching or academic staff shall
enjoy the following rights and/or privileges:
1. The right to be free from compulsory assignments not related to their duties as defined in
their appointments or employment contracts, unless compensated therefor, conformably
to existing law.
2. The right to intellectual property consistent with applicable laws.
3. Teachers shall be deemed persons in authority when in the discharge of lawful duties and
responsibilities, and shall, therefore, be accorded due respect and protection.
4. Teachers shall be accorded the opportunity to choose alternative career lines either in
school administration, in classroom teaching, or others, for purposes of career
advancement.
SECTION 12. Special Rights of School Administration. — School administrators shall, in accordance
with existing laws, regulations and policies of the Ministry of Education, Culture and Sports, be
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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 cocurricular.
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:
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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
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2. To discover and enhance the different aptitudes and interests of the students so as to
equip him with skills for productive endeavor and/or prepare him for tertiary schooling.
SECTION 23. Objective of Tertiary Education. — The objectives of tertiary education are:
1. To provide a general education program that will promote national identity, cultural
consciousness, moral integrity and spiritual vigor;
2. To train the nation’s manpower in the skills required for national development;
3. To develop the professions that will provide leadership for the nation; and
4. To advance knowledge through research work and apply new knowledge for improving
the quality of human life and responding effectively to changing societal needs and
conditions.

CHAPTER 2 Non-Education and Specialized Educational Services


SECTION 24. Specialized Educational Service. — The State further recognizes its responsibility to
provide, within the context of the formal education system, services to meet special needs of
certain clientele. These specific types, which shall be guided by the basic policies of the State
embodied in the General Provisions of this Act, include:
1. “Work Education,” or “Practical Arts,” as a program of basic education which aims to
develop the right attitudes towards work; and “technical-vocational education,” post-
secondary but non-degree programs leading to one, two, or three year certificates in
preparation for a group of middle-level occupations.
2. “Special Education,” the education of persons who are physically, mentally, emotionally,
socially, or culturally different from the so-called “normal” individuals that they require
modification of school practices/services to develop them to their maximum capacity;
and
3. “Non-formal Education,” any organized school-based educational activities undertaken
by the Ministry of Education, Culture and Sports and other agencies aimed at attaining
specific learning objectives for a particular clientele, especially the illiterates and the out-
of-school youth and adults, distinct from and outside the regular offerings of the formal
school system.
The objectives of non-formal education are as follows:
a) To eradicate illiteracy and raise the level of functional literacy of the population;
b) To provide unemployed and underemployed youth and adults with appropriate
vocational/technical skills to enable them to become more productive and effective
citizens; and
c) To develop among the clientele of non-formal education proper values and attitudes
necessary for personal, community and national development.

CHAPTER 3 Establishment of Schools


SECTION 25. Establishment of Schools. — All schools shall be established in accordance with law.
The establishment of new national schools and the conversion of existing schools from
elementary to national secondary or tertiary schools shall be by law: Provided, That any private
school proposed to be established must incorporate as an non-stock educational corporation in
accordance with the provisions of the Corporation Code of the Philippines. This requirement to
incorporate may be waived in the case of familyadministered 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
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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


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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. — Governmentsupported 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.
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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
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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 enrolment, the adequacy of academic facilities, the concentration of low income
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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 postsecondary vocational-technical
programs and recommend educational standards for these programs;
~ 35 ~
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
~ 36 ~
5. Unauthorized operation of a school or course, or any component thereof, or any
violation of the requirement governing advertisements or announcements of educational
institutions.
Sanctions against the schools shall be without prejudice to the interest of the students,
teachers and employees.

CHAPTER 2 ADMINISTRATIVE PROVISIONS


SECTION 70. Rule-making Authority. — The Minister Education, Culture and Sports charged with
the administration and enforcement of this Act, shall promulgate the necessary implementing
rules and regulations.
SECTION 71. Separability Provision. — Any part or provision of this Act which may held invalid or
unconstitutional shall not affect its remaining parts of provisions.
SECTION 72. Repealing Clause. — All laws or parts thereof inconsistent with any provision of this
Act shall be deemed repealed or modified, as the case may be.
SECTION 73. Effectivity. — This Act shall take effect upon its approval. Approved,

September 11, 1982. (P.B. No. 524)


----------------------------------------------------------------------------------------------------------------------

1987 PHILIPPINE CONSTITUTION


ARTICLE XIV – EDUCATION SCIENCE AND TECHNOLOGY, ARTS,
CULTURE AND SPORTS

EDUCATION
Section 1. The State shall protect and promote the right of all citizens to quality education at all levels,
and shall take appropriate steps to make such education accessible to all.
Section 2. The State shall:
1) Establish, maintain, and support a complete, adequate, and integrated system of
education relevant to the needs of the people and society;
2) Establish and maintain, a system of free public education in the elementary and high
school levels. Without limiting the natural rights of parents to rear their children,
elementary education is compulsory for all children of school age;
3) Establish and maintain a system of scholarship grants, student loan programs, subsidies,
and other incentives which shall be available to deserving students in both public and
private schools, especially to the under-privileged;
4) Encourage non-formal, informal, and indigenous learning systems, as well as self-
learning, independent, and out-of-school study programs particularly those that respond
to community needs; and
5) Provide adult citizens, the disabled, and out-of-school youth with training in civics,
vocational efficiency, and other skills.
Section 3.
1) All educational institutions shall include the study of the Constitution as part of the
curricula.
2) They shall inculcate patriotism and nationalism, foster love of humanity, respect for
human rights, appreciation of the role of national heroes in the historical development of
the country, teach the rights and duties of citizenship, strengthen ethical and spiritual
values, develop moral character and personal discipline, encourage critical and creative
thinking, broaden scientific and technological knowledge, and promote vocational
efficiency.
3) At the option expressed in writing by the parents or guardians, religion shall be allowed
to be taught to their children or wards in public elementary and high schools within the
regular class hours by instructors designated or approved by the religious authorities of
~ 37 ~
the religion to which the children or wards belong, without additional cost to the
Government.
Section 4.
1) The State recognizes the complementary roles of public and private institutions in the
educational system and shall exercise reasonable supervision and regulation of all
educational institutions.
2) Educational institutions, other than those established by religious groups and mission
boards, shall be owned solely by citizens of the Philippines or corporations or
associations at least sixty per centum of the capital of which is owned by such citizens.
The Congress may, however, require increased Filipino equity participation in all
educational institutions.
The control and administration of educational institutions shall be vested in citizens of the
Philippines.
No educational institution shall be established exclusively for aliens and no group of aliens
shall comprise more than one-third of the enrollment in any school. The provisions of this
subsection shall not apply to schools established for foreign diplomatic personnel and their
dependents and, unless otherwise provided by law, for other foreign temporary residents.
3) All revenues and assets of non-stock, non-profit educational institutions used actually,
directly, and exclusively for educational purposes shall be exempt from taxes and duties.
Upon the dissolution or cessation of the corporate existence of such institutions, their
assets shall be disposed of in the manner provided by law.

Proprietary educational institutions, including those cooperatively owned, may likewise be


entitled to such exemptions, subject to the limitations provided by law, including restrictions on
dividends and provisions for reinvestment.
4) Subject to conditions prescribed by law, all grants, endowments, donations, or
contributions used actually, directly, and exclusively for educational purposes shall be
exempt from tax.

Section 5.
1) the State shall take into account regional and sectoral needs and conditions and shall encourage
local planning in the development of educational policies and programs.
2) Academic freedom shall be enjoyed in all institutions of higher learning.
3) Every citizen has a right to select a profession or course of study, subject to fair, reasonable, and
equitable admission and academic requirements.
4) The State shall enhance the right of teachers to professional advancement. Non-teaching
academic and non-academic personnel shall enjoy the protection of the State.
5) The State shall assign the highest budgetary priority to education and ensure that teaching will
attract and retain its rightful share of the best available talents through adequate remuneration
and other means of job satisfaction and fulfilment.

LANGUAGE
Section 6. The national language of the Philippines is Filipino. As it evolves, it shall be further
developed and enriched on the basis of existing Philippine and other languages.
Subject to provisions of law and as the Congress may deem appropriate, the Government
shall take steps to initiate and sustain the use of Filipino as a medium of official communication
and as language of instruction in the educational system.
Section 7. For purposes of communication and instruction, the official languages of the Philippines are
Filipino and, until otherwise provided by law, English.
The regional languages are the auxiliary official languages in the regions and shall serve as
auxiliary media of instruction therein.
Spanish and Arabic shall be promoted on a voluntary and optional basis.
Section 8. This Constitution shall be promulgated in Filipino and English and shall be translated into
major regional languages, Arabic, and Spanish.
~ 38 ~
Section 9. The Congress shall establish a national language commission composed of representatives of
various regions and disciplines which shall undertake, coordinate, and promote researches for the
development, propagation, and preservation of Filipino and other languages.

SCIENCE AND TECHNOLOGY


Section 10. Science and technology are essential for national development and progress. The State shall
give priority to research and development, invention, innovation, and their utilization; and to
science and technology education, training, and services. It shall support indigenous, appropriate,
and self-reliant scientific and technological capabilities, and their application to the country’s
productive systems and national life.
Section 11. The Congress may provide for incentives, including tax deductions, to encourage private
participation in programs of basic and applied scientific research. Scholarships, grants-in-aid, or
other forms of incentives shall be provided to deserving science students, researchers, scientists,
inventors, technologists, and specially gifted citizens.
Section 12. The State shall regulate the transfer and promote the adaptation of technology from all
sources for the national benefit. It shall encourage the widest participation of private groups,
local governments, and community-based organizations in the generation and utilization of
science and technology.
Section 13. The State shall protect and secure the exclusive rights of scientists, inventors, artists, and
other gifted citizens to their intellectual property and creations, particularly when beneficial to
the people, for such period as may be provided by law.

ARTS AND CULTURE


Section 14. The State shall foster the preservation, enrichment, and dynamic evolution of a Filipino
national culture based on the principle of unity in diversity in a climate of free artistic and
intellectual expression.
Section 15. Arts and letters shall enjoy the patronage of the State. The State shall conserve, promote, and
popularize the nation’s historical and cultural heritage and resources, as well as artistic creations.
Section 16. All the country’s artistic and historic wealth constitutes the cultural treasure of the nation
and shall be under the protection of the State which may regulate its disposition.
Section 17. The State shall recognize, respect, and protect the rights of indigenous cultural communities
to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in
the formulation of national plans and policies.
Section 18.
1. The State shall ensure equal access to cultural opportunities through the educational
system, public or private cultural entities, scholarships, grants and other incentives, and
community cultural centers, and other public venues.
2. The State shall encourage and support researches and studies on the arts and culture.

SPORTS
Section 19.
1. The State shall promote physical education and encourage sports programs, league
competitions, and amateur sports, including training for international competitions, to foster
self-discipline, teamwork, and excellence for the development of a healthy and alert citizenry.
2. All educational institutions shall undertake regular sports activities throughout the country in
cooperation with athletic clubs and other sectors.

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FAMILY CODE OF THE PHILIPPINES

TITLE V - THE FAMILY

Chapter 1. The Family as an Institution


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Art. 149. The family, being the foundation of the nation, is a basic social institution which public policy
cherishes and protects. Consequently, family relations are governed by law and no custom,
practice or agreement destructive of the family shall be recognized or given effect. (216a, 218a)
Art. 50. Family relations include those:
a. Between husband and wife;
b. Between parents and children;
c. Among brothers and sisters, whether of the full or half-blood. (217a)
Art. 151. No suit between members of the same family shall prosper unless it should appear from the
verified complaint or petition that earnest efforts toward a compromise have been made, but that
the same have failed. If it is shown that no such efforts were in fact made, the same case must be
dismissed.
This rules shall not apply to cases which may not be the subject of compromise under the
Civil Code. (222a)

Chapter 2. The Family Home


Art. 152. The family home, constituted jointly by the husband and the wife or by an unmarried head of a
family, is the dwelling house where they and their family reside, and the land on which it is
situated. (223a)

Art. 153. The family home is deemed constituted on a house and lot from the time it is occupied as a
family residence. From the time of its constitution and so long as any of its beneficiaries actually
resides therein, the family home continues to be such and is exempt from execution, forced sale
or attachment except as hereinafter provided and to the extent of the value allowed by law.
(223a)
Art. 154. The beneficiaries of a family home are:
a. The husband and wife, or an unmarried person who is the head of a family; and
b. Their parents, ascendants, descendants, brothers and sisters, whether the relationship be
legitimate or illegitimate, who are living in the family home and who depend upon the
head of the family for legal support. (226a)
Art. 155. The family home shall be exempt from execution, forced sale or attachment except:
a. For nonpayment of taxes;
b. For debts incurred prior to the constitution of the family home;
c. For debts secured by mortgages on the premises before or after such constitution; and
d. For debts due to laborers, mechanics, architects, builders, materialmen and others who
have rendered service or furnished material for the construction of the building. (243a)
Art. 156. The family home must be part of the properties of the absolute community or the conjugal
partnership, or of the exclusive properties of either spouse with the latter's consent. It may also
be constituted by an unmarried head of a family on his or her own property.
Nevertheless, property that is the subject of a conditional sale on installments where
ownership is reserved by the vendor only to guarantee payment of the purchase price may be
constituted as a family home. (227a, 228a)
Art. 157. The actual value of the family home shall not exceed, at the time of its constitution, the
amount of the three hundred thousand pesos in urban areas, and two hundred thousand pesos in
rural areas, or such amounts as may hereafter be fixed by law.
In any event, if the value of the currency changes after the adoption of this Code, the value
most favorable for the constitution of a family home shall be the basis of evaluation.
For purposes of this Article, urban areas are deemed to include chartered cities and
municipalities whose annual income at least equals that legally required for chartered cities. All
others are deemed to be rural areas. (231a)
Art. 158. The family home may be sold, alienated, donated, assigned or encumbered by the owner or
owners thereof with the written consent of the person constituting the same, the latter's spouse,
and a majority of the beneficiaries of legal age. In case of conflict, the court shall decide. (235a)
Art. 159. The family home shall continue despite the death of one or both spouses or of the unmarried
head of the family for a period of ten years or for as long as there is a minor beneficiary, and the
~ 40 ~
heirs cannot partition the same unless the court finds compelling reasons therefore. This rule
shall apply regardless of whoever owns the property or constituted the family home. (238a)
Art. 160. When a creditor whose claims is not among those mentioned in Article 155 obtains a judgment
in his favor, and he has reasonable grounds to believe that the family home is actually worth
more than the maximum amount fixed in Article 157, he may apply to the court which rendered
the judgment for an order directing the sale of the property under execution. The court shall so
order if it finds that the actual value of the family home exceeds the maximum amount allowed
by law as of the time of its constitution. If the increased actual value exceeds the maximum
allowed in Article 157 and results from subsequent voluntary improvements introduced by the
person or persons constituting the family home, by the owner or owners of the property, or by
any of the beneficiaries, the same rule and procedure shall apply.
At the execution sale, no bid below the value allowed for a family home shall be considered.
The proceeds shall be applied first to the amount mentioned in Article 157, and then to the
liabilities under the judgment and the costs. The excess, if any, shall be delivered to the judgment
debtor. (247a, 248a)
Art. 161. For purposes of availing of the benefits of a family home as provided for in this Chapter, a
person may constitute, or be the beneficiary of, only one family home. (n)
Art. 162. The provisions in this Chapter shall also govern existing family residences insofar as said
provisions are applicable. (n)

TITLE VI - PATERNITY AND FILIATION

Chapter 1. Legitimate Children


Art. 163. The filiation of children may be by nature or by adoption. Natural filiation may be legitimate
or illegitimate. (n)
Art. 164. Children conceived or born during the marriage of the parents are legitimate.
Children conceived as a result of artificial insemination of the wife with the sperm of the
husband or that of a donor or both are likewise legitimate children of the husband and his wife,
provided, that both of them authorized or ratified such insemination in a written instrument
executed and signed by them before the birth of the child. The instrument shall be recorded in the
civil registry together with the birth certificate of the child. (55a, 258a)
Art. 165. Children conceived and born outside a valid marriage are illegitimate, unless otherwise
provided in this Code. (n)
Art. 166. Legitimacy of a child may be impugned only on the following grounds:
1) That it was physically impossible for the husband to have sexual intercourse with his wife
within the first 120 days of the 300 days which immediately preceded the birth of the child
because of:
a) the physical incapacity of the husband to have sexual intercourse with his wife;
b) the fact that the husband and wife were living separately in such a way that sexual
intercourse was not possible; or
c) serious illness of the husband, which absolutely prevented sexual intercourse;
2) That it is proved that for biological or other scientific reasons, the child could not have been
that of the husband, except in the instance provided in the second paragraph of Article 164;
or
3) That in case of children conceived through artificial insemination, the written authorization
or ratification of either parent was obtained through mistake, fraud, violence, intimidation, or
undue influence. (255a)
Art. 167. The child shall be considered legitimate although the mother may have declared against its
legitimacy or may have been sentenced as an adulteress. (256a)
Art. 168. If the marriage is terminated and the mother contracted another marriage within three hundred
days after such termination of the former marriage, these rules shall govern in the absence of
proof to the contrary:
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1) A child born before one hundred eighty days after the solemnization of the subsequent
marriage is considered to have been conceived during the former marriage, provided it
be born within three hundred days after the termination of the former marriage;
2) A child born after one hundred eighty days following the celebration of the subsequent
marriage is considered to have been conceived during such marriage, even though it be
born within the three hundred days after the termination of the former marriage. (259a)
Art. 169. The legitimacy or illegitimacy of a child born after three hundred days following the
termination of the marriage shall be proved by whoever alleges such legitimacy or illegitimacy.
(261a)
Art. 170. The action to impugn the legitimacy of the child shall be brought within one year from the
knowledge of the birth or its recording in the civil register, if the husband or, in a proper case,
any of his heirs, should reside in the city or municipality where the birth took place or was
recorded.
If the husband or, in his default, all of his heirs do not reside at the place of birth as defined in
the first paragraph or where it was recorded, the period shall be two years if they should reside in
the Philippines; and three years if abroad. If the birth of the child has been concealed from or
was unknown to the husband or his heirs, the period shall be counted from the discovery or
knowledge of the birth of the child or of the fact of registration of said birth, whichever is earlier.
(263a)
Art. 171. The heirs of the husband may impugn the filiation of the child within the period prescribed in
the preceding article only in the following cases:
1) If the husband should died before the expiration of the period fixed for bringing his
action;
2) If he should die after the filing of the complaint without having desisted therefrom; or
3) If the child was born after the death of the husband. (262a)

Chapter 2. Proof of Filiation


Art. 172. The filiation of legitimate children is established by any of the following:
1) The record of birth appearing in the civil register or a final judgment; or
2) An admission of legitimate filiation in a public document or a private handwritten
instrument and signed by the parent concerned.
In the absence of the foregoing evidence, the legitimate filiation shall be proved by:
(1) The open and continuous possession of the status of a legitimate child; or
(2) Any other means allowed by the Rules of Court and special laws. (265a, 266a, 267a)
Art. 173. The action to claim legitimacy may be brought by the child during his or her lifetime and shall
be transmitted to the heirs should the child die during minority or in a state of insanity. In these
cases, the heirs shall have a period of five years within which to institute the action.
Art. 174. Legitimate children shall have the right:
1. To bear the surnames of the father and the mother, in conformity with the provisions of
the Civil Code on Surnames;
2. To receive support from their parents, their ascendants, and in proper cases, their
brothers and sisters, in conformity with the provisions of this Code on Support; and
3. To be entitled to the legitimate and other successional rights granted to them by the Civil
Code. (264a)

Chapter 3. Illegitimate Children


Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same
evidence as legitimate children.
The action must be brought within the same period specified in Article 173, except when the
action is based on the second paragraph of Article 172, in which case the action may be brought
during the lifetime of the alleged parent. (289a)
Art. 176. Illegitimate children shall use the surname and shall be under the parental authority of their
mother, and shall be entitled to support in conformity with this Code. The legitime of each
illegitimate child shall consist of one-half of the legitime of a legitimate child. Except for this
~ 42 ~
modification, all other provisions in the Civil Code governing successional rights shall remain in
force. (287a)

Chapter 4. Legitimated Children


Art. 177. Only children conceived and born outside of wedlock of parents who, at the time of the
conception of the former, were not disqualified by any impediment to marry each other may be
legitimated. (269a)
Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment
of a voidable marriage shall not affect the legitimation. (270a)
Art. 179. Legitimated children shall enjoy the same rights as legitimate children. (272a)
Art. 180. The effects of legitimation shall retroact to the time of the child's birth. (273a)
Art. 181. The legitimation of children who died before the celebration of the marriage shall benefit their
descendants. (274)
Art. 182. Legitimation may be impugned only by those who are prejudiced in their rights, within five
years from the time their cause of action accrues. (275a)

TITLE VII - ADOPTION

Art. 183. A person of age and in possession of full civil capacity and legal rights may adopt, provided he
is in a position to support and care for his children, legitimate or illegitimate, in keeping with the
means of the family.
Only minors may be adopted, except in the cases when the adoption of a person of majority
age is allowed in this Title.
In addition, the adopter must be at least sixteen years older than the person to be adopted,
unless the adopter is the parent by nature of the adopted, or is the spouse of the legitimate parent
of the person to be adopted. (27a, E. O. 91 and PD 603)
Art. 184. The following persons may not adopt:
(1) The guardian with respect to the ward prior to the approval of the final accounts
rendered upon the termination of their guardianship relation;
(2) Any person who has been convicted of a crime involving moral turpitude;
(3) An alien, except:
a) A former Filipino citizen who seeks to adopt a relative by consanguinity;
b) One who seeks to adopt the legitimate child of his or her Filipino spouse; or
c) One who is married to a Filipino citizen and seeks to adopt jointly with his or her
spouse a relative by consanguinity of the latter.
Aliens not included in the foregoing exceptions may adopt Filipino children in accordance
with the rules on inter-country adoptions as may be provided by law. (28a, E. O. 91 and PD 603)
Art. 185. Husband and wife must jointly adopt, except in the following cases:
(1) When one spouse seeks to adopt his own illegitimate child; or
(2) When one spouse seeks to adopt the legitimate child of the other. (29a, E. O. 91 and PD
603)
Art. 186. In case husband and wife jointly adopt or one spouse adopts the legitimate child of the other,
joint parental authority shall be exercised by the spouses in accordance with this Code. (29a, E.
O. and PD 603)
Art. 187. The following may not be adopted:
(1) A person of legal age, unless he or she is a child by nature of the adopter or his or her
spouse, or, prior to the adoption, said person has been consistently considered and
treated by the adopter as his or her own child during minority.
(2) An alien with whose government the Republic of the Philippines has no diplomatic
relations; and
(3) A person who has already been adopted unless such adoption has been previously
revoked or rescinded. (30a, E. O. 91 and PD 603)
Art. 188. The written consent of the following to the adoption shall be necessary:
(1) The person to be adopted, if ten years of age or over,
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(2) The parents by nature of the child, the legal guardian, or the proper government
instrumentality;
(3) The legitimate and adopted children, ten years of age or over, of the adopting parent or
parents;
(4) The illegitimate children, ten years of age or over, of the adopting parent, if living with
said parent and the latter's spouse, if any; and
(5) The spouse, if any, of the person adopting or to be adopted. (31a, E. O. 91 and PD 603)
Art. 189. Adoption shall have the following effects:
(1) For civil purposes, the adopted shall be deemed to be a legitimate child of the adopters
and both shall acquire the reciprocal rights and obligations arising from the relationship
of parent and child, including the right of the adopted to use the surname of the adopters;
(2) The parental authority of the parents by nature over the adopted shall terminate and be
vested in the adopters, except that if the adopter is the spouse of the parent by nature of
the adopted, parental authority over the adopted shall be exercised jointly by both
spouses; and

(3) The adopted shall remain an intestate heir of his parents and other blood relatives.
(39(1)a, (3)a, PD 603)
Art. 190. Legal or intestate succession to the estate of the adopted shall be governed by the following
rules:
(1) Legitimate and illegitimate children and descendants and the surviving spouse of the
adopted shall inherit from the adopted, in accordance with the ordinary rules of legal or
intestate succession;
(2) When the parents, legitimate or illegitimate, or the legitimate ascendants of the adopted
concur with the adopter, they shall divide the entire estate, one-half to be inherited by the
parents or ascendants and the other half, by the adopters;
(3) When the surviving spouse or the illegitimate children of the adopted concur with the
adopters, they shall divide the entire estate in equal shares, one-half to be inherited by
the spouse or the illegitimate children of the adopted and the other half, by the adopters.
(4) When the adopters concur with the illegitimate children and the surviving spouse of the
adopted, they shall divide the entire estate in equal shares, one-third to be inherited by
the illegitimate children, one-third by the surviving spouse, and one-third by the
adopters;
(5) When only the adopters survive, they shall inherit the entire estate; and
(6) When only collateral blood relatives of the adopted survive, then the ordinary rules of
legal or intestate succession shall apply. (39(4)a, PD 603)
Art. 191. If the adopted is a minor or otherwise incapacitated, the adoption may be judicially rescinded
upon petition of any person authorized by the court or proper government instrumental acting on
his behalf, on the same grounds prescribed for loss or suspension of parental authority. If the
adopted is at least eighteen years of age, he may petition for judicial rescission of the adoption on
the same grounds prescribed for disinheriting an ascendant. (40a, PD 603)
Art. 192. The adopters may petition the court for the judicial rescission of the adoption in any of the
following cases:
(1) If the adopted has committed any act constituting ground for disinheriting a descendant;
or
(2) When the adopted has abandoned the home of the adopters during minority for at least
one year, or, by some other acts, has definitely repudiated the adoption. (41a, PD 603)
Art. 193. If the adopted minor has not reached the age of majority at the time of the judicial rescission
of the adoption, the court in the same proceeding shall reinstate the parental authority of the
parents by nature, unless the latter are disqualified or incapacitated, in which case the court shall
appoint a guardian over the person and property of the minor. If the adopted person is physically
or mentally handicapped, the court shall appoint in the same proceeding a guardian over his
person or property or both.
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Judicial rescission of the adoption shall extinguish all reciprocal rights and obligations
between the adopters and the adopted arising from the relationship of parent and child. The
adopted shall likewise lose the right to use the surnames of the adopters and shall resume his
surname prior to the adoption.
The court shall accordingly order the amendment of the records in the proper registries. (42a,
PD 603)

TITLE VIII - SUPPORT

Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical
attendance, education and transportation, in keeping with the financial capacity of the family.
The education of the person entitled to be supported referred to in the preceding paragraph
shall include his schooling or training for some profession, trade or vocation, even beyond the
age of majority. Transportation shall include expenses in going to and from school, or to and
from place of work. (290a)
Art. 105. Subject to the provisions of the succeeding articles, the following are obliged to support each
other to the whole extent set forth in the preceding article:
(1) The spouses;
(2) Legitimate ascendants and descendants;
(3) Parents and their legitimate children and the legitimate and illegitimate children of the
latter;
(4) Parents and their illegitimate children and the legitimate and illegitimate children of the
latter; and
(5) Legitimate brothers and sisters, whether of full or half-blood (291a)
Art. 196. Brothers and sisters not legitimately related, whether of the full or half-blood, are likewise
bound to support each other to the full extent set forth in Article 194, except only when the need
for support of the brother or sister, being of age, is due to a cause imputable to the claimant's
fault or negligence. (291a)
Art. 197. In case of legitimate ascendants; descendants, whether legitimate or illegitimate; and brothers
and sisters, whether legitimately or illegitimately related, only the separate property of the person
obliged to give support shall be answerable provided that in case the obligor has no separate
property, the absolute community or the conjugal partnership, if financially capable, shall
advance the support, which shall be deducted from the share of the spouse obliged upon the
liquidation of the absolute community or of the conjugal partnership. (n)
Art. 198. During the proceedings for legal separation or for annulment of marriage, and for declaration
of nullity of marriage, the spouses and their children shall be supported from the properties of the
absolute community or the conjugal partnership. After the final judgment granting the petition,
the obligation of mutual support between the spouses ceases. However, in case of legal
separation, the court may order that the guilty spouse shall give support to the innocent one,
specifying the terms of such order. (292a)
Art. 199. Whenever two or more persons are obliged to give support, the liability shall devolve upon the
following persons in the order herein provided:
(1) The spouse;
(2) The descendants in the nearest degree;
(3) The ascendants in the nearest degree; and
(4) The brothers and sisters. (294a)

Art. 200. When the obligation to give support falls upon two or more persons, the payment of the same
shall be divided between them in proportion to the resources of each.
However, in case of urgent need and by special circumstances, the judge may order only one
of them to furnish the support provisionally, without prejudice to his right to claim from the other
obligors the share due from them.
When two or more recipients at the same time claim support from one and the same person
legally obliged to give it, should the latter not have sufficient means to satisfy all claims, the
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order established in the preceding article shall be followed, unless the concurrent obligees should
be the spouse and a child subject to parental authority, in which case the child shall be preferred.
(295a)
Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion
to the resources or means of the giver and to the necessities of the recipient. (296a)
Art. 202. Support in the cases referred to in the preceding article shall be reduced or increased
proportionately, according to the reduction or increase of the necessities of the recipient and the
resources or means of the person obliged to furnish the same. (297a)
Art. 203. The obligation to give support shall be demandable from the time the person who has a right to
receive the same needs it for maintenance, but it shall not be paid except from the date of judicial
or extra-judicial demand.
Support pendent elite may be claimed in accordance with the Rules of Court.
Payment shall be made within the first five days of each corresponding month or when the
recipient dies, his heirs shall not be obliged to return what he has received in advance. (298a)
Art. 204. The person obliged to give support shall have the option to fulfill the obligation either by
paying the allowance fixed, or by receiving and maintaining in the family dwelling the person
who has a right to receive support. The latter alternative cannot be availed of in case there is a
moral or legal obstacle thereto. (299a)
Art. 205. The right to receive support under this Title as well as any money or property obtained as such
support shall not be levied upon on attachment or execution. (302a)
Art. 206. When, without the knowledge of the person obliged to give support, it is given by a stranger,
the latter shall have a right to claim the same from the former, unless it appears that he gave it
without intention of being reimbursed. (2164a)
Art. 207. When the person obliged to support another unjustly refuses or fails to give support when
urgently needed by the latter, any third person may furnish support to the needy individual, with
right of reimbursement from the person obliged to give support. This Article shall particularly
apply when the father or mother of a child under the age of majority unjustly refuses to support
or fails to give support to the child when urgently needed. (2166a)
Art. 208. In case of contractual support or that given by will, the excess in amount beyond that required
for legal support shall be subject to levy on attachment or execution.
Furthermore, contractual support shall be subject to adjustment whenever modification is
necessary due to changes of circumstances manifestly beyond the contemplation of the parties.
(n)

TITLE IX - PARENTAL AUTHORITY

Chapter 1. General Provisions


Art. 209. Pursuant to the natural right and duty of parents over the person and property of their
unemancipated children, parental authority and responsibility shall include the caring for and
rearing them for civic consciousness and efficiency and the development of their moral, mental
and physical character and well-being. (n)
Art. 210. Parental authority and responsibility may not be renounced or transferred except in the cases
authorized by law. (313a)
Art. 211. The father and the mother shall jointly exercise parental authority over the persons of their
common children. In case of disagreement, the father's decision shall prevail, unless there is a
judicial order to the contrary.
Children shall always observe respect and reverence towards their parents and are obliged to
obey them as long as the children are under parental authority. (311a)
Art. 212. In case of absence or death of either parent, the parent present shall continue exercising
parental authority. The remarriage of the surviving parent shall not affect the parental authority
over the children, unless the court appoints another person to be the guardian of the person or
property of the children. (n)
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Art. 213. In case of separation of the parents, parental authority shall be exercised by the parent
designated by the Court. The Court shall take into account all relevant considerations, especially
the choice of the child over seven years of age, unless the parent chosen is unfit. (n)
Art. 214. In case of death, absence or unsuitability of the parents, substitute parental authority shall be
exercised by the surviving grandparent. In case several survive, the one designated by the court,
taking into account the same consideration mentioned in the preceding article, shall exercise the
authority. (355a)
Art. 215. No descendant shall be compelled, in a criminal case, to testify against his parents and
grandparents, except when such testimony is indispensable in a crime against the descendant or
by one parent against the other. (315a)

Chapter 2. Substitute and Special Parental Authority


Art. 216. In default of parents or a judicially appointed guardian, the following person shall exercise
substitute parental authority over the child in the order indicated:
(1) The surviving grandparent, as provided in Art. 214;
(2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified;
and
(3) The child's actual custodian, over twenty-one years of age, unless unfit or disqualified.
Whenever the appointment or a judicial guardian over the property of the child becomes
necessary, the same order of preference shall be observed. (349a, 351a, 354a)
Art. 217. In case of foundlings, abandoned neglected or abused children and other children similarly
situated, parental authority shall be entrusted in summary judicial proceedings to heads of
children's homes, orphanages and similar institutions duly accredited by the proper government
agency. (314a)

Art. 218. The school, its administrators and teachers, or the individual, entity or institution engaged in
child are shall have special parental authority and responsibility over the minor child while under
their supervision, instruction or custody.
Authority and responsibility shall apply to all authorized activities whether inside or outside
the premises of the school, entity or institution. (349a)
Art. 129. Those given the authority and responsibility under the preceding Article shall be principally
and solidarily liable for damages caused by the acts or omissions of the unemancipated minor.
The parents, judicial guardians or the persons exercising substitute parental authority over said
minor shall be subsidiarily liable.
The respective liabilities of those referred to in the preceding paragraph shall not apply if it is
proved that they exercised the proper diligence required under the particular circumstances.
All other cases not covered by this and the preceding articles shall be governed by the
provisions of the Civil Code on quasi-delicts. (n)

Chapter 3. Effect of Parental Authority Upon the Persons of the Children


Art. 220. The parents and those exercising parental authority shall have with the respect to their
unemancipated children on wards the following rights and duties:
(1) To keep them in their company, to support, educate and instruct them by right precept
and good example, and to provide for their upbringing in keeping with their means;
(2) To give them love and affection, advice and counsel, companionship and understanding;
(3) To provide them with moral and spiritual guidance, inculcate in them honesty, integrity,
self-discipline, self-reliance, industry and thrift, stimulate their interest in civic affairs,
and inspire in them compliance with the duties of citizenship;
(4) To furnish them with good and wholesome educational materials, supervise their
activities, recreation and association with others, protect them from bad company, and
prevent them from acquiring habits detrimental to their health, studies and morals;
(5) To represent them in all matters affecting their interests;
(6) To demand from them respect and obedience;
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(7) To impose discipline on them as may be required under the circumstances; and
(8) To perform such other duties as are imposed by law upon parents and guardians. (316a)
Art. 221. Parents and other persons exercising parental authority shall be civilly liable for the injuries
and damages caused by the acts or omissions of their unemancipated children living in their
company and under their parental authority subject to the appropriate defenses provided by law.
(2180(2)a and (4)a )
Art. 222. The courts may appoint a guardian of the child's property or a guardian ad litem when the best
interests of the child so requires. (317)

Art. 223. The parents or, in their absence or incapacity, the individual, entity or institution exercising
parental authority, may petition the proper court of the place where the child resides, for an order
providing for disciplinary measures over the child. The child shall be entitled to the assistance of
counsel, either of his choice or appointed by the court, and a summary hearing shall be
conducted wherein the petitioner and the child shall be heard.
However, if in the same proceeding the court finds the petitioner at fault, irrespective of the
merits of the petition, or when the circumstances so warrant, the court may also order the
deprivation or suspension of parental authority or adopt such other measures as it may deem just
and proper. (318a)
Art. 224. The measures referred to in the preceding article may include the commitment of the child for
not more than thirty days in entities or institutions engaged in child care or in children's homes
duly accredited by the proper government agency.
The parent exercising parental authority shall not interfere with the care of the child
whenever committed but shall provide for his support. Upon proper petition or at its own
instance, the court may terminate the commitment of the child whenever just and proper. (391a)

Chapter 4. Effect of Parental Authority Upon the Property of the Children


Art. 225. The father and the mother shall jointly exercise legal guardianship over the property of the
unemancipated common child without the necessity of a court appointment. In case of
disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary.
Where the market value of the property or the annual income of the child exceeds P50,000,
the parent concerned shall be required to furnish a bond in such amount as the court may
determine, but not less than ten per centum (10%) of the value of the property or annual income,
to guarantee the performance of the obligations prescribed for general guardians.
A verified petition for approval of the bond shall be filed in the proper court of the place
where the child resides, or, if the child resides in a foreign country, in the proper court of the
place where the property or any part thereof is situated.
The petition shall be docketed as a summary special proceeding in which all incidents and
issues regarding the performance of the obligations referred to in the second paragraph of this
Article shall be heard and resolved.
The ordinary rules on guardianship shall be merely suppletory except when the child is under
substitute parental authority, or the guardian is a stranger, or a parent has remarried, in which
case the ordinary rules on guardianship shall apply. (320a)
Art. 226. The property of the unemancipated child earned or acquired with his work or industry or by
onerous or gratuitous title shall belong to the child in ownership and shall be devoted exclusively
to the latter's support and education, unless the title or transfer provides otherwise.
The right of the parents over the fruits and income of the child's property shall be limited
primarily to the child's support and secondarily to the collective daily needs of the family. (321a,
323a)
Art. 227. If the parents entrust the management or administration of any of their properties to an
unemancipated child, the net proceeds of such property shall belong to the owner. The child shall
be given a reasonable monthly allowance in an amount not less than that which the owner would
have paid if the administrator were a stranger, unless the owner, grants the entire proceeds to the
child. In any case, the proceeds thus give in whole or in part shall not be charged to the child's
legitime. (322a)
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Chapter 5. Suspension or Termination of Parental Authority


Art. 228. Parental authority terminates permanently:
(1) Upon the death of the parents;
(2) Upon the death of the child; or
(3) Upon emancipation of the child. (327a)
Art. 229. Unless subsequently revived by a final judgment, parental authority also terminates:
(1) Upon adoption of the child;
(2) Upon appointment of a general guardian;
(3) Upon judicial declaration of abandonment of the child in a case filed for the purpose;
(4) Upon final judgment of a competent court divesting the party concerned of parental
authority; or
(5) Upon judicial declaration of absence or incapacity of the person exercising parental
authority. (327a)
Art. 230. Parental authority is suspended upon conviction of the parent or the person exercising the
same of a crime which carries with it the penalty of civil interdiction. The authority is
automatically reinstated upon service of the penalty or upon pardon or amnesty of the offender.
(330a)
Art. 231. The court in an action filed for the purpose in a related case may also suspend parental
authority if the parent or the person exercising the same:
(1) Treats the child with excessive harshness or cruelty;
(2) Gives the child corrupting orders, counsel or example;
(3) Compels the child to beg; or
(4) Subjects the child or allows him to be subjected to acts of lasciviousness.
The grounds enumerated above are deemed to include cases which have resulted from
culpable negligence of the parent or the person exercising parental authority.
If the degree of seriousness so warrants, or the welfare of the child so demands, the court
shall deprive the guilty party of parental authority or adopt such other measures as may be proper
under the circumstances.
The suspension or deprivation may be revoked and the parental authority revived in a case
filed for the purpose or in the same proceeding if the court finds that the cause therefor has
ceased and will not be repeated. (33a)
Art. 232. If the person exercising parental authority has subjected the child or allowed him to be
subjected to sexual abuse, such person shall be permanently deprived by the court of such
authority. (n)
Art. 233. The person exercising substitute parental authority shall have the same authority over the
person of the child as the parents.
In no case shall the school administrator, teacher of individual engaged in child care
exercising special parental authority inflict corporal punishment upon the child.

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REPUBLIC ACT NO. 10627

AN ACT REQUIRING ALL ELEMENTARY AND SECONDARY SCHOOLS TO


ADOPT POLICIES TO PREVENT AND ADDRESS THE ACTS OF BULLYING
IN THEIR INSTITUTIONS

SECTION 1. Short Title. – This Act shall be known as the “Anti-Bullying Act of 2013”.
SEC. 2. Acts of Bullying. – For purposes of this Act, “bullying” shall refer to any severe or repeated use
by one or more students of a written, verbal or electronic expression, or a physical act or gesture,
or any combination thereof, directed at another student that has the effect of actually causing or
~ 49 ~
placing the latter in reasonable fear of physical or emotional harm or damage to his property;
creating a hostile environment at school for the other student; infringing on the rights of the other
student at school; or materially and substantially disrupting the education process or the orderly
operation of a school; such as, but not limited to, the following:
(a) Any unwanted physical contact between the bully and the victim like punching, pushing,
shoving, kicking, slapping, tickling, headlocks, inflicting school pranks, teasing, fighting
and the use of available objects as weapons;
(b) Any act that causes damage to a victim’s psyche and/or emotional well-being;
(c) Any slanderous statement or accusation that causes the victim undue emotional distress
like directing foul language or profanity at the target, namecalling, tormenting and
commenting negatively on victim’s looks, clothes and body; and
(d) Cyber-bullying or any bullying done through the use of technology or any electronic
means.
SEC. 3. Adoption of Anti-Bullying Policies. – All elementary and secondary schools are hereby
directed to adopt policies to address the existence of bullying in their respective institutions.
Such policies shall be regularly updated and, at a minimum, shall include provisions which:
(a) Prohibit the following acts:
1) Bullying on school grounds; property immediately adjacent to school grounds; at school-
sponsored or school-related activities, functions or programs whether on or off school
grounds; at school bus stops; on school buses or other vehicles owned, leased or used by
a school; or through the use of technology or an electronic device owned, leased or used
by a school;
2) Bullying at a location, activity, function or program that is not school-related and through
the use of technology or an electronic device that is not owned, leased or used by a school
if the act or acts in question create a hostile environment at school for the victim,
infringe on the rights of the victim at school, or materially and substantially disrupt the
education process or the orderly operation of a school; and
3) Retaliation against a person who reports bullying, who provides information during an
investigation of bullying, or who is a witness to or has reliable information about
bullying;
(b) Identify the range of disciplinary administrative actions that may be taken against a
perpetrator for bullying or retaliation which shall be commensurate with the nature and
gravity of the offense: Provided, That, in addition to the disciplinary sanctions imposed upon
a perpetrator of bullying or retaliation, he/she shall also be required to undergo a
rehabilitation program which shall be administered by the institution concerned. The parents
of the said perpetrator shall be encouraged by the said institution to join the rehabilitation
program;
(c) Establish clear procedures and strategies for:
(1) Reporting acts of bullying or retaliation;
(2) Responding promptly to and investigating reports of bullying or retaliation;
(3) Restoring a sense of safety for a victim and assessing the student’s need for protection;
(4) Protecting from bullying or retaliation of a person who reports acts of bullying, provides
information during an investigation of bullying, or is witness to or has reliable
information about an act of bullying; and
(5) Providing counseling or referral to appropriate services for perpetrators, victims and
appropriate family members of said students;
(d) Enable students to anonymously report bullying or retaliation: Provided, however, That no
disciplinary administrative action shall be taken against a perpetrator solely on the basis of
an anonymous report;
(e) Subject a student who knowingly makes a false accusation of bullying to disciplinary
administrative action;
(f) Educate students on the dynamics of bullying, the anti-bullying policies of the school as well
as the mechanisms of such school for the anonymous reporting of acts of bullying or
retaliation;
~ 50 ~
(g) Educate parents and guardians about the dynamics of bullying, the antibullying policies of
the school and how parents and guardians can provide support and reinforce such policies at
home; and
(h) Maintain a public record of relevant information and statistics on acts of bullying or
retaliation in school: Provided, That the names of students who committed acts of bullying or
retaliation shall be strictly confidential and only made available to the school administration,
teachers directly responsible for the said students and parents or guardians of students who
are or have been victims of acts of bullying or retaliation.
All elementary and secondary schools shall provide students and their parents or guardians a
copy of the anti-bullying policies being adopted by the school. Such policies shall likewise be
included in the school’s student and/or employee handbook and shall be conspicuously posted on
the school walls and website, if there is any.
The Department of Education (DepED) shall include in its training programs, courses or
activities which shall provide opportunities for school administrators, teachers and other
employees to develop their knowledge and skills in preventing or responding to any bullying act.
SEC. 4. Mechanisms to Address Bullying. – The school principal or any person who holds a
comparable role shall be responsible for the implementation and oversight of policies intended to
address bullying.
Any member of the school administration, student, parent or volunteer shall immediately
report any instance of bullying or act of retaliation witnessed, or that has come to one’s attention,
to the school principal or school officer or person so designated by the principal to handle such
issues, or both. Upon receipt of such a report, the school principal or the designated school
officer or person shall promptly investigate. If it is determined that bullying or retaliation has
occurred, the school principal or the designated school officer or person shall:
a) Notify the law enforcement agency if the school principal or designee believes that
criminal charges under the Revised Penal Code may be pursued against the perpetrator;
b) Take appropriate disciplinary administrative action;
c) Notify the parents or guardians of the perpetrator; and
d) Notify the parents or guardians of the victim regarding the action taken to prevent any
further acts of bullying or retaliation.
If an incident of bullying or retaliation involves students from more than one school, the
school first informed of the bullying or retaliation shall promptly notify the appropriate
administrator of the other school so that both may take appropriate action.
SEC. 5. Reporting Requirement. – All schools shall inform their respective schools division
superintendents in writing about the anti-bullying policies formulated within six (6) months from
the effectivity of this Act. Such notification shall likewise be an administrative requirement prior
to the operation of new schools.
Beginning with the school year after the effectivity of this Act, and every first week of the
start of the school year thereafter, schools shall submit a report to their respective schools
division superintendents all relevant information and statistics on acts of bullying or retaliation.
The schools division superintendents shall compile these data and report the same to the
Secretary of the DepED who shall likewise formally transmit a comprehensive report to the
Committee on Basic Education of both the House of Representatives and the Senate.
SEC. 6. Sanction for Noncompliance. – In the rules and regulations to be implemented pursuant to this
Act, the Secretary of the DepED shall prescribe the appropriate administrative sanctions on
school administrators who shall fail to comply with the requirements under this Act. In addition
thereto, erring private schools shall likewise suffer the penalty of suspension of their permits to
operate.
SEC. 7. Implementing Rules and Regulations. – Within ninety (90) days from the effectivity of this
Act, the DepED shall promulgate the necessary rules and regulations to implement the provisions
of this Act.
SEC. 8. Separability Clause. – If, for any reason, any provision of this Act is declared to be
unconstitutional or invalid, the other sections or provisions hereof which are not affected thereby
shall continue to be in full force or effect.
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SEC. 9. Repealing Clause. – All laws, decrees, orders, rules and regulations or parts thereof which are
inconsistent with or contrary to the provisions of this Act are hereby repealed, amended or
modified accordingly.
SEC. 10. Effectivity. – This Act shall take effect fifteen (15) days after its publication in at least two (2)
national newspapers of general circulation.

Approve:
(Sgd.) JINGGOY EJERCITO ESTRADA (Sgd.) FELICIANO BELMONTE JR.
Acting Senate President Speaker of the House of Representatives
This Act which originated in the House of Representatives was finally passed by the House of
Representatives and the Senate on June 5, 2013.

(Sgd.) EMMA LIRIO-REYES (Sgd.) MARILYN B. BARUA-YAP


Secretary of the Senate Secretary General
House of Representatives

Approved: SEP 12 2013


(Sgd.) BENIGNO S. AQUINO III
President of the Philippines

------------------------------------------------------------------------------------------------------------------------------

REPUBLIC ACT 7877

AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE


EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND FOR
OTHER PURPOSES.
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
 
SECTION 1.Title. - This Act shall be known as the "Anti-Sexual Harassment Act of 1995."
SECTION 2.Declaration of Policy. - The State shall value the dignity of every individual, enhance the
development of its human resources, guarantee full respect for human rights, and uphold the
dignity of workers, employees, applicants for employment, students or those undergoing
training, instruction or education. Towards this end, all forms of sexual harassment in the
employment, education or training environment are hereby declared unlawful.
SECTION 3. Work, Education or Training -Related, Sexual Harassment Defined. - Work,
education or  training-related sexual harassment is committed by an employer, employee,
manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any
other  person who, having authority, influence or moral ascendancy  over another in a work or
training or education environment, demands, requests or otherwise requires any sexual favor 
from the other, regardless of whether the demand, request or  requirement for submission is
accepted by the object of said Act.
a) In a work-related or employment environment, sexual  harassment is committed when:
1. The sexual favor is made as a condition in the hiring or  in the employment, re-
employment or continued employment  of said individual, or in granting said
individual favorable compensation, terms of conditions, promotions, or privileges; 
or the refusal to grant the sexual favor results in limiting, segregating or classifying
the employee which in any way  would discriminate, deprive ordiminish employment
opportunities or otherwise adversely affect said employee;
2. The above acts would impair the employee's rights or  privileges under existing labor
laws; or
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3. The above acts would result in an intimidating, hostile,  or offensive environment for
the employee.
b) In an education or training environment, sexual harassment is committed:      
1. Against one who is under the care, custody or supervision of the offender
2. Against one whose education, training, apprenticeship  or tutorship is entrusted to
the offender;
3. When the sexual favor is made a condition to the giving  of a passing grade, or the
granting of honors and scholarships,  or the payment of a stipend, allowance or
other benefits,  privileges, or consideration; or
4. When the sexual advances result in an intimidating, hostile or offensive environment
for the student, trainee or  apprentice.
Any person who directs or induces another to commit any  act of sexual harassment as herein
defined, or who cooperates  in the commission thereof by another without which it would  not
have been committed, shall also be held liable under this  Act.
SECTION 4. Duty of the Employer or Head of Office  in a Work-related, Education or Training
Environment. - It shall be the duty of the employer or the head of the  work-related, educational
or training environment or institution, to prevent or deter the commission of acts of sexual 
harassment and to provide the procedures for the resolution,  settlement or prosecution of acts of
sexual harassment. Towards this end, the employer or head of office shall:
a. Promulgate appropriate rules and regulations in consultation with and joint1y approved
by the employees or  students or trainees, through their duly designated representatives,
prescribing the procedure for the investigation of  sexual harassment cases and the
administrative sanctions  therefor.
Administrative sanctions shall not be a bar to prosecution  in the proper courts for
unlawful acts of sexual harassment.
The said rules and regulations issued pursuant to this  subsection (a) shall include,
among others, guidelines on  proper decorum in the workplace and educational or
training institutions.  
b. Create a committee on decorum and investigation of  cases on sexual harassment. The
committee shall conduct  meetings, as the case may be, with officers and employees, 
teachers, instructors, professors, coaches, trainors, and students or trainees to increase
understanding and prevent  incidents of sexual harassment. It shall also conduct the 
investigation of alleged cases constituting sexual harassment.
In the case of a work-related environment, the committee  shall be composed of at
least one (1) representative each from  the management, the union, if any, the employees
from the  supervisory rank, and from the rank and file employees.
In the case of the educational or training institution, the  committee shall be
composed of at least one (1) representative  from the administration, the trainors,
instructors, professors  or coaches and students or trainees, as the case may be.
The employer or head of office, educational or training  institution shall disseminate
or post a copy of this Act for the  information of all concerned.
SECTION 5. Liability of the Employer, Head of  Office, Educational or Training Institution. - The
employer or head of office, educational or training institution  shall be solidarily liable for
damages arising from the acts of   sexual harassment committed in the employment, education or
training environment if the employer or head of office,  educational or training institution is
informed of such acts by  the offended party and no immediate action is taken.
SECTION 6.Independent Action for Damages. -  Nothing in this Act shall preclude the victim of
work, education or training-related sexual harassment from instituting a  separate and
independent action for damages and other affirmative relief.
SECTION 7.Penalties. - Any person who violates the   provisions of this Act shall, upon conviction, be
penalized by   imprisonment of not less than one (1) month nor more than six (6) months, or a
fine of not less than Ten thousand pesos  (P10,000) nor more than Twenty thousand pesos
(P20,000), or  both such fine and imprisonment at the discretion of the court.
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Any action arising from the violation of the provisions of  this Act shall prescribe in three (3)
years.
SECTION 8.Separability Clause. - If any portion or  provision of this Act is declared void or
unconstitutional, the  remaining portions or provisions hereof shall not be affected  by such
declaration.
SECTION 9.Repealing Clause. - All laws, decrees, orders, rules and regulations, other issuances, or
parts thereof  inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.
SECTION 10.Effectivity Clause.- This Act shall take  effect fifteen (15) days after its complete
publication in at least  two (2) national newspapers of general circulation.
 
   
Approved:
 
      (Sgd.) EDGARDO J. ANGARA (Sgd.) JOSE DE VENECIA, JR
President of the Senate. Speaker of the House of Representatives
 
This Act is a consolidation of House Bill No. 9425 and  Senate Bill No. 1632 was finally passed by the
House of  Representatives and the Senate on February 8, 1995.
 
     (Sgd.) EDGARDO E. TUMANGAN (Sgd.) CAMILO L. SABIO
      Secretary of the Senate Secretary General House of Representatives
 

     Approved: February 14, 1995

(Sgd.) FIDEL V. RAMOS


President of the Philippines

MALACAÑANG MANILA

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PRESIDENTIAL DECREE No. 6-A September 29, 1972

AUTHORIZING THE UNDERTAKING OF EDUCATIONAL


DEVELOPMENT PROJECTS, PROVIDING FOR THE MECHANICS
OF IMPLEMENTATION AND FINANCING THEREOF, AND FOR
OTHER PURPOSES

I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the
Constitution as Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to
Proclamation No. 1081 dated September 21, 1972, and General Order No. 1 dated September 22, 1972,
do hereby decree, order and make as part of the law of the land the following measures:

Section 1. Title. - This Decree shall be known as the "Educational Development Decree of 1972."
Section 2. Declaration of Policy. - It is hereby declared to be the policy of the government to ensure,
within the context of a free and democratic system maximum contribution of the educational
system to the attainment of the following national development goals:
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a) To achieve and maintain an accelerating rate of economic development and social
progress;
b) To assure the maximum participation of all the people in the attainment and enjoyment of
the benefits of such growth; and
c) To strengthen national consciousness and promote desirable cultural values in a
changing world.
Section 3. Statement of Objectives. - To this end, the educational system aims to:
a) Provide for a broad general education that will assist each individual, in the peculiar
ecology of his own society, to (1) attain his potential as a human being; (2) enhance the
range and quality of individual and group participation in the basic functions of society;
and (3) acquire the essential educational foundation for his development into a
productive and versatile citizen:
b) Train the nation's manpower in the middle level skill required for national development;
c) Develop the high-level professions that will provide leadership for the nation, advance
knowledge through research, and apply new knowledge for improving the quality of
human life; and
d) Respond effectively to changing needs and conditions of the nation through a system of
educational planning and evaluation.
Section 4. Guiding Principles of the Ten-Year Program. - In order to lay the foundation and to
advance the attainment of these objectives, a ten-year national education development program
shall be formulated based on the following:
a) Improvement of curricular programs and quality of instruction of all levels by way of
upgrading physical faculties, adoption of cost-saving instructional technology, and
training and re-training of teachers and administrators;
b) Upgrading of academic standards through accreditation schemes, admissions testing and
guidance counselling;
c) Democratization of access to educational opportunities through the provision of financial
assistance to deserving students, skills training programs for out-of-school youth and
continuing education program for non-literate adults;
d) Restructuring of higher education to become more responsive to national development
needs through a planned system of incentives and assistance to both public and private
colleges and universities and synchronization of curricular programs, staffing patterns
and institutional development activities;
e) Expansion of existing programs and establishment of new ones designed to train middle-
level technical and agricultural manpower; and
f) Instituting reform in the educational financing system to facilitate the shift of funding
responsibility for elementary and secondary education from the national to the local
government, thereby increasing government participation in higher education.
Section 5. Educational Development Projects. - The above-stated objectives shall be attained through
the undertaking of the following educational development projects:
(a) Management study of the Department of Education and Culture and institution of
administrative improvements therein;
(b) Establishment and/or operation or improvement of secondary schools which may include
provision for extension services, facilities and equipment to allow the use of expanded
and improved curriculum;
(c) Establishment and/or operation, upgrading or improvement of technical institutes, skills
training centers, and other non-formal training programs and projects for the out-of-
school youth and the unemployed in collaboration with the programs of the National
Manpower and Youth Council;
(d) Curriculum and staff development including mathematics and science teaching;
(e) Expansion of agricultural secondary and higher education programs and extension
activities which may include radio broadcasting and rural training services, and the
provision of facilities therefor including seed capital and revolving funds;
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(f) Design, utilization and improvement of instructional technology and
development/production of textbooks and other instructional materials; and
(g) Assistance and incentives, including loans and grants, toward the planned development
and improvement of programs and facilities in both public and private universities,
colleges and schools.
In addition, other educational development projects necessary pursuant to the objectives of
this Decree are likewise to be undertaken: Provided, That for such projects to qualify under this
Decree, the same must be consistent with the principles enunciated in Section 4 hereof,
supported by sufficient studies, data and plans of operation and implementation, endorsed by the
National Board of Education to, and approved by an Education Special Committee, hereinafter
provided, to form part of the educational development program.
Section 6. Working Arrangements. - For the attainment of the objectives of this Decree, an Education
Special Committee, composed of the Secretary of Education and Culture as Chairman and the
Secretary of Finance and the Commissioner of the Budget as members, if hereby created which
shall:
(a) Approve and evaluate the specific projects, endorsed to it by the National Board of
Education, to be financed out of the resources provided for in this Decree; and
(b) Administer the Educational Institutions Development Fund as hereinafter provided,
except that the resources accruing into the Fund shall be managed by reputable fund
managers or financial institutions.
The National Board of Education, as reorganized pursuant to Presidential Decree No. 1 dated
September 24, 1972, shall, in addition to its functions, perform the following:
(a) Formulate education objectives and policies consistent with those enunciated in Section
2 hereof; and
(b) Provide policy guidelines in the administration of the assistance and incentive programs
provided for in Section 5(g) hereof, which shall include a system of educational priorities
consistent with national, regional and/or local requirements for education and skills
training, and such other procedures and requirements as will ensure the continual
upgrading of the quality of education, the rationalization and institutional growth, and
the democratization of access to education.
In the discharge of its functions, the National Board of Education shall be assisted by an
office of planning and research known as Planning Service in the Department of Education and
Culture.
A project unit to be known as the Educational Development Projects Implementing Task
Force is hereby established under the Office of the Secretary of Education and Culture to be
headed by a Director and be composed of technical staff members and such consultants as are
necessary. Its functions are:
(a) To supervise and implement foreign-assisted development projects; and
(b) To implement such other development projects as may be assigned to it by the Secretary
of Education and Culture.
Where the project involves an office, agency or instrumentality of the government other than
the Department of Education and Culture, appropriate working arrangements shall be established
by the Educational Department Projects Implementing Task Force and the office, agency or
instrumentality concerned, including the turn over of the project upon its completion to such
office, agency or instrumentality to be integrated with and be part of the regular activities
thereof.
Section 7. Authority to Borrow. - The President of the Philippines, in behalf of the Republic of the
Philippines, may contract loans, credits or indebtedness with any foreign source or lender, under
such terms and conditions as may be agreed upon, any provision of law, including Republic Act
Numbered Forty-eight hundred and sixty as amended by Republic Act Numbered Sixty-one
hundred and forty-two, Act Numbered Forty-two hundred and thirty nine, Commonwealth Act
Numbered one hundred thirty-eight, Commonwealth Act Numbered Five Hundred forty-one,
Republic Act Numbered Nine hundred twelve, Republic Act Numbered Fifty-one hundred
eighty-three, and other related laws to the contrary notwithstanding, for a total amount not
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exceeding one hundred million United States dollars or the equivalent thereof in other currencies,
as may be necessary to meet the direct and indirect foreign exchange requirements of the projects
authorized under this Decree, to cover the costs of feasibility studies, equipment, machineries,
supplies, construction, installation and related services of any such projects: Provided, That the
loans, credit or indebtedness authorized herein shall be incurred on terms of payment of not less
that ten (10) years.
Section 8. Utilization of Proceeds. -  The proceeds of such loans, credits or indebtedness, as well as the
appropriations under Section 9 hereof, shall be used exclusively for financing the educational
development projects authorized under this Decree: Provided, That for the purpose of ensuring
continued assistance to the planned development and improvement of programs and facilities in
both public and private universities, colleges and schools, there is hereby authorized to be
established an Educational Institutions Development Fund in an amount of not less that ten
million pesos ( 10,000,000), Philippine currency, annually for a period of ten (10) years. The said
Fund shall be administered as a separate fund, and lending or relending operations to private
universities, colleges and schools shall be subject to the rules and regulations to be promulgated
by the National Board of Education with the approval of the Secretary of Finance.
Cities, provinces and municipalities may undertake educational development projects
pursuant to the objectives of this Decree and are hereby authorized to avail themselves of
proceeds of loans, credits or indebtedness herein authorized as well as the appropriations under
Section 9 hereof and receive financial assistance subject to such conditions as may be provided
for and/or promulgated by the National Board of Education pursuant to this Decree.
Section 9. Appropriations. -  In addition to the proceeds of the loans, credits or indebtedness mentioned
in Section 7 hereof, there is hereby appropriated for the projects authorized herein the sum of
five hundred million pesos (P500,000,000) out of the funds in the National Treasury not
otherwise appropriated which shall be programmed and released in the following manner: fifty
million pesos (P50,000,000) for Fiscal Year 1972-73 and fifty million pesos (P50,000,000)
annually thereafter until June thirty, nineteen hundred eighty-two: Provided, That
notwithstanding the said schedule, releases in a given year shall be adjusted in accordance with
the actual requirements of the projects being implemented during the fiscal year: Provided,
further, That should there be any surplus in the annual appropriations herein provided, the same
shall accrue to the Educational Special Account herein created in the General Fund which shall
be made available to finance the projects during the subsequent fiscal years.
Section 10. Creation of Educational Special Account. - There is hereby established in the National
Treasury an Educational Special Account to meet the appropriations herein provided, which shall
be constituted from the following sources:
(b) Proceeds form bond issues as provided for under Section 11 of this Decree;
(c) Twenty million pesos (P20,000,000) annually from the share of the National Government
in the Special Education Fund under Republic Act Numbered Fifty-four hundred forty-
seven as provided in Section 12 hereof;
(d) Fifteen million pesos (P15,000,000) from the Special Science Fund for Fiscal Year 1972-
73, and fifty percentum (50%), annually thereafter until June 30, 1982, of the total
annual receipts from the taxes provided for under Republic Act Numbered Fifty-four
hundred and forty-eight, as provided in Section 13 hereof;
(e) Future savings of the Department of Education and Culture that may result from the
implementation of reforms consequent to management study, as provided in Section 14
hereof; and
(f) Augmentations from the General Funds which are hereby authorized in cases where the
above sources are not sufficient to cover expenditures required in any year, as provided in
Section 15 of this Act.
The Department of Education and Culture is hereby authorized to receive and spend or utilize
donations and/or bequests made in pursuance of the purposes and for projects enunciated in this
Decree which donations and/or bequests shall be exempt from the payment of gift taxes.
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Section 11. Bond Issues. - The Secretary of Finance may issue and sell bonds not exceeding twenty
million pesos annually under the authority of Republic Act Numbered Four thousand eight
hundred sixty-one, any provision of law to the contrary, notwithstanding.
Section 12. Portions of the Special Education Fund. - Any provision of law to the contrary
notwithstanding, effective July 1, 1972, until June 30, 1982, twenty million pesos (P20,000,000)
of the annual share of the National Government from the Special Education Fund provided for
under Republic Act Numbered Fifty-four hundred and forty-seven shall accrue to the Educational
Special Account herein provided. Thereafter, the said share shall accrue to the General Fund.
In this connection, the shares of the local governments from the said Fund may be used by
them to finance such projects as may be established in their locality under the authority of this
Decree regardless of any restriction imposed thereon.
Section 13. Portion of Special Science Fund. - Any provision of law to the contrary notwithstanding,
effective upon approval of this Decree, fifteen million pesos (P15,000,000) of the Special
Science Fund established under Republic Act Numbered fifty-four-hundred and forty-eight as
amended as hereby transferred to the Educational Special Account herein provided. Starting July
1,1972, until June 30, 1982, fifty per centum (50%) of the total collections from the taxes
imposed under Republic Act Numbered fifty-four hundred and forty-eight as amended shall
accrued to the Educational Special Account. Thereafter, said portion shall accrue to the General
Fund.
Section 14. Future Savings. - Such amount of savings resulting from the implementation of reforms
consequent to the management study authorized under Section 5 as may be necessary to
prosecute the projects under this Decree shall accrue to the Educational Special Account.
Section 15. Augmentation from General Fund. - In cases where funds from sources specified in
Section 10 (a), (b), (c) and (d) are not sufficient to meet the requirements in any fiscal year, such
amounts as are necessary to meet such requirements are hereby appropriated out of the funds in
the General Funds not otherwise appropriated, and transferred to the Educational Special
Account.
Section 16. Tax Exemption. - The loans, credits or indebtedness incurred pursuant to this Decree, the
payment of the principal, interests and other charges thereon, the earnings of the fund created
under Section 8, as well as the importation of articles, materials, equipment, machineries and
supplies, including all building materials by the Department of Education and Culture or other
offices, agencies or instrumentalities of the government and by private or chartered entities
authorized by Education Special Committee to undertake the projects authorized in this Act shall
be exempt from all taxes, duties, fees, imposts, other charges and restrictions, including import
restrictions, imposed by the Republic of the Philippines or any of its agencies or political
subdivisions. The Secretary of Finance shall promulgate rules and regulations necessary for the
purpose.
Section 17. Additional Appropriations. - There is hereby authorized to be appropriated, out of any
funds in the National Treasury not otherwise appropriated, such sums as may be necessary to pay
the principal, interests and other charges on the loans, credits or indebtedness incurred under the
authority of this Decree as and when they become due.
Section 18. Repealing Clause. - All laws, executive orders, rules or regulations or parts thereof which
are inconsistent with this Decree are hereby repealed and/or modified accordingly.
Section 19. Effectivity. - This Decree shall take effect immediately.

Done in the City of Manila, this 29th day of September, in the year of Our Lord, nineteen hundred and
seventy two.

----------------------------------------------------------------------------------------------------------------------
Republic of the Philippines
Congress of the Philippines
Metro Manila
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Fifteenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday the Twenty-fifth day of July two thousand eleven.

REPUBLIC ACT NO. 10175


AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE
PREVENTION, INVESTIGATION, SUPPRESSION AND THE
IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

CHAPTER I - PRELIMINARY PROVISIONS


SECTION 1. Title. — This Act shall be known as the “Cybercrime Prevention Act of 2012”.
SEC. 2. Declaration of Policy. — The State recognizes the vital role of information and
communications industries such as content production, telecommunications, broadcasting
electronic commerce, and data processing, in the nation’s overall social and economic
development. The State also recognizes the importance of providing an environment conducive
to the development, acceleration, and rational application and exploitation of information and
communications technology (ICT) to attain free, easy, and intelligible access to exchange and/or
delivery of information; and the need to protect and safeguard the integrity of computer,
computer and communications systems, networks, and databases, and the confidentiality,
integrity, and availability of information and data stored therein, from all forms of misuse, abuse,
and illegal access by making punishable under the law such conduct or conducts. In this light, the
State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating
their detection, investigation, and prosecution at both the domestic and international levels, and
by providing arrangements for fast and reliable international cooperation.
SEC. 3. Definition of Terms. — For purposes of this Act, the following terms are hereby defined as
follows:
(a) Access refers to the instruction, communication with, storing data in, retrieving data
from, or otherwise making use of any resources of a computer system or communication
network.
(b) Alteration  refers to the modification or change, in form or substance, of an existing
computer data or program.
(c) Communication  refers to the transmission of information through ICT media, including
voice, video and other forms of data.
(d) Computer refers to an electronic, magnetic, optical, electrochemical, or other data
processing or communications device, or grouping of such devices, capable of
performing logical, arithmetic, routing, or storage functions and which includes any
storage facility or equipment or communications facility or equipment directly related to
or operating in conjunction with such device. It covers any type of computer device
including devices with data processing capabilities like mobile phones, smart phones,
computer networks and other devices connected to the internet.
(e) Computer data refers to any representation of facts, information, or concepts in a form
suitable for processing in a computer system including a program suitable to cause a
computer system to perform a function and includes electronic documents and/or
electronic data messages whether stored in local computer systems or online.
(f) Computer program  refers to a set of instructions executed by the computer to achieve
intended results.
(g) Computer system  refers to any device or group of interconnected or related devices, one
or more of which, pursuant to a program, performs automated processing of data. It
covers any type of device with data processing capabilities including, but not limited to,
computers and mobile phones. The device consisting of hardware and software may
~ 59 ~
include input, output and storage components which may stand alone or be connected in a
network or other similar devices. It also includes computer data storage devices or media.
(h) Without right  refers to either: (i) conduct undertaken without or in excess of authority; or
(ii) conduct not covered by established legal defenses, excuses, court orders,
justifications, or relevant principles under the law.
(i) Cyber refers to a computer or a computer network, the electronic medium in which
online communication takes place.
(j) Critical infrastructure refers to the computer systems, and/or networks, whether physical
or virtual, and/or the computer programs, computer data and/or traffic data so vital to this
country that the incapacity or destruction of or interference with such system and assets
would have a debilitating impact on security, national or economic security, national
public health and safety, or any combination of those matters.
(k) Cybersecurity refers to the collection of tools, policies, risk management approaches,
actions, training, best practices, assurance and technologies that can be used to protect the
cyber environment and organization and user’s assets.
(l) Database  refers to a representation of information, knowledge, facts, concepts, or
instructions which are being prepared, processed or stored or have been prepared,
processed or stored in a formalized manner and which are intended for use in a computer
system.
(m)Interception refers to listening to, recording, monitoring or surveillance of the content of
communications, including procuring of the content of data, either directly, through
access and use of a computer system or indirectly, through the use of electronic
eavesdropping or tapping devices, at the same time that the communication is occurring.
(n) Service provider refers to:
(1) Any public or private entity that provides to users of its service the ability to
communicate by means of a computer system; and
(2) Any other entity that processes or stores computer data on behalf of such
communication service or users of such service.
(o) Subscriber’s information refers to any information contained in the form of computer
data or any other form that is held by a service provider, relating to subscribers of its
services other than traffic or content data and by which identity can be established:
(1) The type of communication service used, the technical provisions taken thereto and
the period of service;
(2) The subscriber’s identity, postal or geographic address, telephone and other access
numbers, any assigned network address, billing and payment information, available
on the basis of the service agreement or arrangement; and
(3) Any other available information on the site of the installation of communication
equipment, available on the basis of the service agreement or arrangement.
(p) Traffic data or non-content data refers to any computer data other than the content of
the communication including, but not limited to, the communication’s origin, destination,
route, time, date, size, duration, or type of underlying service.

CHAPTER II - PUNISHABLE ACTS


SEC. 4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime punishable
under this Act:
a. Offenses against the confidentiality, integrity and availability of computer data and
systems:
1. Illegal Access. – The access to the whole or any part of a computer system without
right.
2. Illegal Interception. – The interception made by technical means without right of any
non-public transmission of computer data to, from, or within a computer system
including electromagnetic emissions from a computer system carrying such computer
data.
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3. Data Interference. — The intentional or reckless alteration, damaging, deletion or
deterioration of computer data, electronic document, or electronic data message,
without right, including the introduction or transmission of viruses.
4. System Interference. — The intentional alteration or reckless hindering or
interference with the functioning of a computer or computer network by inputting,
transmitting, damaging, deleting, deteriorating, altering or suppressing computer
data or program, electronic document, or electronic data message, without right or
authority, including the introduction or transmission of viruses.
5. Misuse of Devices.
i. The use, production, sale, procurement, importation, distribution, or otherwise
making available, without right, of:
(a) A device, including a computer program, designed or adapted primarily for
the purpose of committing any of the offenses under this Act; or
(b) A computer password, access code, or similar data by which the whole or
any part of a computer system is capable of being accessed with intent that it
be used for the purpose of committing any of the offenses under this Act.
ii. The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with
intent to use said devices for the purpose of committing any of the offenses under
this section.
6. Cyber-squatting. – The acquisition of a domain name over the internet in bad faith to
profit, mislead, destroy reputation, and deprive others from registering the same, if
such a domain name is:
i. Similar, identical, or confusingly similar to an existing trademark registered with
the appropriate government agency at the time of the domain name registration:
ii. Identical or in any way similar with the name of a person other than the registrant,
in case of a personal name; and
iii. Acquired without right or with intellectual property interests in it.
b. Computer-related Offenses:
1. Computer-related Forgery. —
i. The input, alteration, or deletion of any computer data without right resulting in
inauthentic data with the intent that it be considered or acted upon for legal
purposes as if it were authentic, regardless whether or not the data is directly
readable and intelligible; or
ii. The act of knowingly using computer data which is the product of computer-
related forgery as defined herein, for the purpose of perpetuating a fraudulent or
dishonest design.
2. Computer-related Fraud. — The unauthorized input, alteration, or deletion of
computer data or program or interference in the functioning of a computer system,
causing damage thereby with fraudulent intent: Provided,  That if no damage has yet
been caused, the penalty imposable shall be one (1) degree lower.
3. Computer-related Identity Theft. – The intentional acquisition, use, misuse, transfer,
possession, alteration or deletion of identifying information belonging to another,
whether natural or juridical, without right: Provided, That if no damage has yet been
caused, the penalty imposable shall be one (1) degree lower.
c. Content-related Offenses:
1. Cybersex. — The willful engagement, maintenance, control, or operation, directly or
indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid
of a computer system, for favor or consideration.
2. Child Pornography. — The unlawful or prohibited acts defined and punishable
by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed
through a computer system: Provided, That the penalty to be imposed shall be (1) one
degree higher than that provided for in Republic Act No. 9775.
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3. Unsolicited Commercial Communications. — The transmission of commercial
electronic communication with the use of computer system which seek to advertise,
sell, or offer for sale products and services are prohibited unless:
i. There is prior affirmative consent from the recipient; or
ii. The primary intent of the communication is for service and/or administrative
announcements from the sender to its existing users, subscribers or customers; or
iii. The following conditions are present:
a. The commercial electronic communication contains a simple, valid, and
reliable way for the recipient to reject. receipt of further commercial electronic
messages (opt-out) from the same source;\
b. The commercial electronic communication does not purposely disguise the
source of the electronic message; and
c. The commercial electronic communication does not purposely include
misleading information in any part of the message in order to induce the
recipients to read the message.
4. Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the
Revised Penal Code, as amended, committed through a computer system or any other
similar means which may be devised in the future.

SEC. 5. Other Offenses. — The following acts shall also constitute an offense:
(a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or
aids in the commission of any of the offenses enumerated in this Act shall be held liable.
(b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to
commit any of the offenses enumerated in this Act shall be held liable.
SEC. 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if
committed by, through and with the use of information and communications technologies shall
be covered by the relevant provisions of this Act:Provided, That the penalty to be imposed shall
be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and
special laws, as the case may be.
SEC. 7. Liability under Other Laws. — A prosecution under this Act shall be without prejudice to any
liability for violation of any provision of the Revised Penal Code, as amended, or special laws.

CHAPTER III - PENALTIES
SEC. 8. Penalties. — Any person found guilty of any of the punishable acts enumerated in Sections 4(a)
and 4(b) of this Act shall be punished with imprisonment of prision mayor  or a fine of at least
Two hundred thousand pesos (PhP200,000.00) up to a maximum amount commensurate to the
damage incurred or both.
Any person found guilty of the punishable act under Section 4(a)(5) shall be punished with
imprisonment of prision mayor  or a fine of not more than Five hundred thousand pesos
(PhP500,000.00) or both.
If punishable acts in Section 4(a) are committed against critical infrastructure, the penalty
of reclusion temporal or a fine of at least Five hundred thousand pesos (PhP500,000.00) up to
maximum amount commensurate to the damage incurred or both, shall be imposed.
 Any person found guilty of any of the punishable acts enumerated in Section 4(c)(1)
of this Act shall be punished with imprisonment of prision mayor or a fine of at least
Two hundred thousand pesos (PhP200,000.00) but not exceeding One million pesos
(PhP1,000,000.00) or both.
 Any person found guilty of any of the punishable acts enumerated in Section 4(c)(2)
of this Act shall be punished with the penalties as enumerated in Republic Act No.
9775 or the “Anti-Child Pornography Act of 2009”: Provided, That the penalty to be
imposed shall be one (1) degree higher than that provided for in Republic Act No.
9775, if committed through a computer system.
 Any person found guilty of any of the punishable acts enumerated in Section 4(c)(3)
shall be punished with imprisonment ofarresto mayor or a fine of at least Fifty
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thousand pesos (PhP50,000.00) but not exceeding Two hundred fifty thousand pesos
(PhP250,000.00) or both.
 Any person found guilty of any of the punishable acts enumerated in Section 5 shall
be punished with imprisonment one (1) degree lower than that of the prescribed
penalty for the offense or a fine of at least One hundred thousand pesos
(PhP100,000.00) but not exceeding Five hundred thousand pesos (PhP500,000.00)
or both.
SEC. 9. Corporate Liability. — When any of the punishable acts herein defined are knowingly
committed on behalf of or for the benefit of a juridical person, by a natural person acting either
individually or as part of an organ of the juridical person, who has a leading position within,
based on:
(a) a power of representation of the juridical person provided the act committed falls within
the scope of such authority;
(b) an authority to take decisions on behalf of the juridical person: Provided, That the act
committed falls within the scope of such authority; or
(c) an authority to exercise control within the juridical person, the juridical person shall be
held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a
maximum of Ten million pesos (PhP10,000,000.00).
If the commission of any of the punishable acts herein defined was made possible due to the
lack of supervision or control by a natural person referred to and described in the preceding
paragraph, for the benefit of that juridical person by a natural person acting under its authority,
the juridical person shall be held liable for a fine equivalent to at least double the fines imposable
in Section 7 up to a maximum of Five million pesos (PhP5,000,000.00).
The liability imposed on the juridical person shall be without prejudice to the criminal
liability of the natural person who has committed the offense.

CHAPTER IV - ENFORCEMENT AND IMPLEMENTATION


SEC. 10. Law Enforcement Authorities. — The National Bureau of Investigation (NBI) and the
Philippine National Police (PNP) shall be responsible for the efficient and effective law
enforcement of the provisions of this Act. The NBI and the PNP shall organize a cybercrime unit
or center manned by special investigators to exclusively handle cases involving violations of this
Act.
SEC. 11. Duties of Law Enforcement Authorities. — To ensure that the technical nature of cybercrime
and its prevention is given focus and considering the procedures involved for international
cooperation, law enforcement authorities specifically the computer or technology crime divisions
or units responsible for the investigation of cybercrimes are required to submit timely and regular
reports including pre-operation, post-operation and investigation results and such other
documents as may be required to the Department of Justice (DOJ) for review and monitoring.
SEC. 12. Real-Time Collection of Traffic Data. — Law enforcement authorities, with due cause, shall
be authorized to collect or record by technical or electronic means traffic data in real-time
associated with specified communications transmitted by means of a computer system.
Traffic data refer only to the communication’s origin, destination, route, time, date, size,
duration, or type of underlying service, but not content, nor identities.
All other data to be collected or seized or disclosed will require a court warrant.
Service providers are required to cooperate and assist law enforcement authorities in the
collection or recording of the above-stated information.
The court warrant required under this section shall only be issued or granted upon written
application and the examination under oath or affirmation of the applicant and the witnesses he
may produce and the showing:
(1) that there are reasonable grounds to believe that any of the crimes enumerated
hereinabove has been committed, or is being committed, or is about to be committed:
(2) that there are reasonable grounds to believe that evidence that will be obtained is
essential to the conviction of any person for, or to the solution of, or to the prevention of,
any such crimes; and
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(3) that there are no other means readily available for obtaining such evidence.
SEC. 13. Preservation of Computer Data. — The integrity of traffic data and subscriber information
relating to communication services provided by a service provider shall be preserved for a
minimum period of six (6) months from the date of the transaction. Content data shall be
similarly preserved for six (6) months from the date of receipt of the order from law enforcement
authorities requiring its preservation.
Law enforcement authorities may order a one-time extension for another six (6)
months: Provided, That once computer data preserved, transmitted or stored by a service
provider is used as evidence in a case, the mere furnishing to such service provider of the
transmittal document to the Office of the Prosecutor shall be deemed a notification to preserve
the computer data until the termination of the case.
The service provider ordered to preserve computer data shall keep confidential the order and
its compliance.
SEC. 14. Disclosure of Computer Data. — Law enforcement authorities, upon securing a court warrant,
shall issue an order requiring any person or service provider to disclose or submit subscriber’s
information, traffic data or relevant data in his/its possession or control within seventy-two (72)
hours from receipt of the order in relation to a valid complaint officially docketed and assigned
for investigation and the disclosure is necessary and relevant for the purpose of investigation.
SEC. 15. Search, Seizure and Examination of Computer Data. — Where a search and seizure warrant
is properly issued, the law enforcement authorities shall likewise have the following powers and
duties.
Within the time period specified in the warrant, to conduct interception, as defined in this
Act, and:
(a) To secure a computer system or a computer data storage medium;
(b) To make and retain a copy of those computer data secured;
(c) To maintain the integrity of the relevant stored computer data;
(d) To conduct forensic analysis or examination of the computer data storage medium; and
(e) To render inaccessible or remove those computer data in the accessed computer or
computer and communications network.
Pursuant thereof, the law enforcement authorities may order any person who has knowledge
about the functioning of the computer system and the measures to protect and preserve the
computer data therein to provide, as is reasonable, the necessary information, to enable the
undertaking of the search, seizure and examination.
Law enforcement authorities may request for an extension of time to complete the
examination of the computer data storage medium and to make a return thereon but in no case
for a period longer than thirty (30) days from date of approval by the court.
SEC. 16. Custody of Computer Data. — All computer data, including content and traffic data,
examined under a proper warrant shall, within forty-eight (48) hours after the expiration of the
period fixed therein, be deposited with the court in a sealed package, and shall be accompanied
by an affidavit of the law enforcement authority executing it stating the dates and times covered
by the examination, and the law enforcement authority who may access the deposit, among other
relevant data. The law enforcement authority shall also certify that no duplicates or copies of the
whole or any part thereof have been made, or if made, that all such duplicates or copies are
included in the package deposited with the court. The package so deposited shall not be opened,
or the recordings replayed, or used in evidence, or then contents revealed, except upon order of
the court, which shall not be granted except upon motion, with due notice and opportunity to be
heard to the person or persons whose conversation or communications have been recorded.
SEC. 17. Destruction of Computer Data. — Upon expiration of the periods as provided in Sections 13
and 15, service providers and law enforcement authorities, as the case may be, shall immediately
and completely destroy the computer data subject of a preservation and examination.
SEC. 18. Exclusionary Rule. — Any evidence procured without a valid warrant or beyond the authority
of the same shall be inadmissible for any proceeding before any court or tribunal.
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SEC. 19. Restricting or Blocking Access to Computer Data. — When a computer data is prima
facie found to be in violation of the provisions of this Act, the DOJ shall issue an order to restrict
or block access to such computer data.
SEC. 20. Noncompliance. — Failure to comply with the provisions of Chapter IV hereof specifically
the orders from law enforcement authorities shall be punished as a violation of Presidential
Decree No. 1829 with imprisonment of prision correctional in its maximum period or a fine of
One hundred thousand pesos (Php100,000.00) or both, for each and every noncompliance with
an order issued by law enforcement authorities.

CHAPTER V - JURISDICTION
SEC. 21. Jurisdiction. — The Regional Trial Court shall have jurisdiction over any violation of the
provisions of this Act. including any violation committed by a Filipino national regardless of the
place of commission. Jurisdiction shall lie if any of the elements was committed within the
Philippines or committed with the use of any computer system wholly or partly situated in the
country, or when by such commission any damage is caused to a natural or juridical person who,
at the time the offense was committed, was in the Philippines.
There shall be designated special cybercrime courts manned by specially trained judges to
handle cybercrime cases.

CHAPTER VI - INTERNATIONAL COOPERATION


Sec. 22. General Principles Relating to International Cooperation — All relevant international
instruments on international cooperation in criminal matters, arrangements agreed on the basis of
uniform or reciprocal legislation, and domestic laws, to the widest extent possible for the
purposes of investigations or proceedings concerning criminal offenses related to computer
systems and data, or for the collection of evidence in electronic form of a criminal, offense shall
be given full force and effect.

CHAPTER VII - COMPETENT AUTHORITIES


SEC 23. Department of Justice (DOJ). — There is hereby created an Office of Cybercrime within the
DOJ designated as the central authority in all matters related to international mutual assistance
and extradition.
SEC. 24. Cybercrime Investigation and Coordinating Center. — There is hereby created, within thirty
(30) days from the effectivity of this Act, an inter-agency body to be known as the Cybercrime
Investigation and Coordinating Center (CICC), under the administrative supervision of the
Office of the President, for policy coordination among concerned agencies and for the
formulation and enforcement of the national cybersecurity plan.
SEC. 25. Composition. — The CICC shall be headed by the Executive Director of the Information and
Communications Technology Office under the Department of Science and Technology (ICTO-
DOST) as Chairperson with the Director of the NBI as Vice Chairperson; the Chief of the PNP;
Head of the DOJ Office of Cybercrime; and one (1) representative from the private sector and
academe, as members. The CICC shall be manned by a secretariat of selected existing personnel
and representatives from the different participating agencies.
SEC. 26. Powers and Functions. — The CICC shall have the following powers and functions:
(a) To formulate a national cybersecurity plan and extend immediate assistance for the
suppression of real-time commission of cybercrime offenses through a computer
emergency response team (CERT);
(b) To coordinate the preparation of appropriate and effective measures to prevent and
suppress cybercrime activities as provided for in this Act;
(c) To monitor cybercrime cases being bandied by participating law enforcement and
prosecution agencies;
(d) To facilitate international cooperation on intelligence, investigations, training and
capacity building related to cybercrime prevention, suppression and prosecution;
~ 65 ~
(e) To coordinate the support and participation of the business sector, local government units
and nongovernment organizations in cybercrime prevention programs and other
a. related projects;
(f) To recommend the enactment of appropriate laws, issuances, measures and policies;
(g) To call upon any government agency to render assistance in the accomplishment of the
CICC’s mandated tasks and functions; and
(h) To perform all other matters related to cybercrime prevention and suppression, including
capacity building and such other functions and duties as may be necessary for the proper
implementation of this Act.

CHAPTER VIII – FINAL PROVISIONS


SEC. 27. Appropriations. — The amount of Fifty million pesos (PhP50,000,000.00) shall be
appropriated annually for the implementation of this Act.
SEC. 28. Implementing Rules and Regulations. — The ICTO-DOST, the DOJ and the Department of
the Interior and Local Government (DILG) shall jointly formulate the necessary rules and
regulations within ninety (90) days from approval of this Act, for its effective implementation.
SEC. 29. Separability Clause — If any provision of this Act is held invalid, the other provisions not
affected shall remain in full force and effect.
SEC. 30. Repealing Clause. —  All laws, decrees or rules inconsistent with this Act are hereby repealed
or modified accordingly. Section 33(a) of Republic Act No. 8792 or the “Electronic Commerce
Act” is hereby modified accordingly.
SEC. 31. Effectivity. — This Act shall take effect fifteen (15) days after the completion of its publication
in the Official Gazetteor in at least two (2) newspapers of general circulation.

Approved,

(Sgd.) FELICIANO BELMONTE JR. (Sgd.) JUAN PONCE ENRILE


Speaker of the House President of the Senate
of Representatives

This Act which is a consolidation of Senate Bill No. 2796 and House Bill No. 5808 was finally passed by
the Senate and the House of Representatives on June 5, 2012 and June 4, 2012, respectively.

(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES


Secretary General Secretary of the Senate
House of Representatives
 
Approved: SEP 12 2012(Sgd.) BENIGNO S. AQUINO III
President of the Philippines

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Republic Act No. 7610             June 17, 1992

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL


PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND
DISCRIMINATION, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

ARTICLE I – Title, Policy, Principles and Definitions of Terms


Section 1. Title. – This Act shall be known as the "Special Protection of Children Against Abuse,
Exploitation and Discrimination Act."
Section 2. Declaration of State Policy and Principles. – It is hereby declared to be the policy of the
State to provide special protection to children from all firms of abuse, neglect, cruelty
~ 66 ~
exploitation and discrimination and other conditions, prejudicial their development; provide
sanctions for their commission and carry out a program for prevention and deterrence of and
crisis intervention in situations of child abuse, exploitation and discrimination. The State shall
intervene on behalf of the child when the parent, guardian, teacher or person having care or
custody of the child fails or is unable to protect the child against abuse, exploitation and
discrimination or when such acts against the child are committed by the said parent, guardian,
teacher or person having care and custody of the same.1awphi1@alf
It shall be the policy of the State to protect and rehabilitate children gravely threatened or
endangered by circumstances which affect or will affect their survival and normal development
and over which they have no control.
The best interests of children shall be the paramount consideration in all actions concerning
them, whether undertaken by public or private social welfare institutions, courts of law,
administrative authorities, and legislative bodies, consistent with the principle of First Call for
Children as enunciated in the United Nations Convention of the Rights of the Child. Every effort
shall be exerted to promote the welfare of children and enhance their opportunities for a useful
and happy life.
Section 3. Definition of Terms. –
(a) "Children" refers to person below eighteen (18) years of age or those over but are unable
to fully take care of themselves or protect themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or mental disability or condition;
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which
includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth
and dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
(4) Failure to immediately give medical treatment to an injured child resulting in serious
impairment of his growth and development or in his permanent incapacity or death.
(c) "Circumstances which gravely threaten or endanger the survival and normal development
of children" include, but are not limited to, the following;
(1) Being in a community where there is armed conflict or being affected by armed
conflict-related activities;
(2) Working under conditions hazardous to life, safety and normal which unduly interfere
with their normal development;
(3) Living in or fending for themselves in the streets of urban or rural areas without the
care of parents or a guardian or basic services needed for a good quality of life;
(4) Being a member of a indigenous cultural community and/or living under conditions
of extreme poverty or in an area which is underdeveloped and/or lacks or has
inadequate access to basic services needed for a good quality of life;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those abovestated which endanger the life, safety or
normal development of children.
(d) "Comprehensive program against child abuse, exploitation and discrimination" refers to
the coordinated program of services and facilities to protected children against:
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and normal development of
children.1awphi1Ÿ

ARTICLE II – Program on Child Abuse, Exploitation and Discrimination


~ 67 ~
Section 4. Formulation of the Program. – There shall be a comprehensive program to be formulated,
by the Department of Justice and the Department of Social Welfare and Development in
coordination with other government agencies and private sector concerned, within one (1) year
from the effectivity of this Act, to protect children against child prostitution and other sexual
abuse; child trafficking, obscene publications and indecent shows; other acts of abuse; and
circumstances which endanger child survival and normal development.

ARTICLE III – Child Prostitution and Other Sexual Abuse


Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for
money, profit, or any other consideration or due to the coercion or influence of any adult,
syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be
children exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be
imposed upon the following:
(a) Those who engage in or promote, facilitate or induce child prostitution which include, but
are not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or oral
advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent
to engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child
exploited in prostitution or subject to other sexual abuse; Provided, That when the victims
is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335,
paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal
Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for
lascivious conduct when the victim is under twelve (12) years of age shall be reclusion
temporal in its medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager or owner of the
establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place
of entertainment or establishment serving as a cover or which engages in prostitution in
addition to the activity for which the license has been issued to said establishment.

Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child prostitution
under Section 5, paragraph (a) hereof when any person who, not being a relative of a child, is
found alone with the said child inside the room or cubicle of a house, an inn, hotel, motel,
pension house, apartelle or other similar establishments, vessel, vehicle or any other hidden or
secluded area under circumstances which would lead a reasonable person to believe that the child
is about to be exploited in prostitution and other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof
when any person is receiving services from a child in a sauna parlor or bath, massage clinic,
health club and other similar establishments. A penalty lower by two (2) degrees than that
prescribed for the consummated felony under Section 5 hereof shall be imposed upon the
principals of the attempt to commit the crime of child prostitution under this Act, or, in the
proper case, under the Revised Penal Code.

ARTICLE IV – Child Trafficking


Section 7. Child Trafficking. – Any person who shall engage in trading and dealing with children
including, but not limited to, the act of buying and selling of a child for money, or for any other
consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The
penalty shall be imposed in its maximum period when the victim is under twelve (12) years of
age.
~ 68 ~
Section 8. Attempt to Commit Child Trafficking. – There is an attempt to commit child trafficking
under Section 7 of this Act:1awphi1@alf
(a) When a child travels alone to a foreign country without valid reason therefor and without
clearance issued by the Department of Social Welfare and Development or written permit
or justification from the child's parents or legal guardian;
(b) When a person, agency, establishment or child-caring institution recruits women or
couples to bear children for the purpose of child trafficking; or
(c) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil
registrar or any other person simulates birth for the purpose of child trafficking; or
(d) When a person engages in the act of finding children among low-income families,
hospitals, clinics, nurseries, day-care centers, or other child-during institutions who can
be offered for the purpose of child trafficking.
A penalty lower two (2) degrees than that prescribed for the consummated felony under
Section 7 hereof shall be imposed upon the principals of the attempt to commit child trafficking
under this Act.

ARTICLE V – Obscene Publications and Indecent Shows


Section 9. Obscene Publications and Indecent Shows. – Any person who shall hire, employ, use,
persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows,
whether live or in video, or model in obscene publications or pornographic materials or to sell or
distribute the said materials shall suffer the penalty of prision mayor in its medium period.
If the child used as a performer, subject or seller/distributor is below twelve (12) years of
age, the penalty shall be imposed in its maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a child who
shall cause and/or allow such child to be employed or to participate in an obscene play, scene,
act, movie or show or in any other acts covered by this section shall suffer the penalty of prision
mayor in its medium period.

ARTICLE VI – Other Acts of Abuse


Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to
the Child's Development. –
a. Any person who shall commit any other acts of child abuse, cruelty or exploitation or to
be responsible for other conditions prejudicial to the child's development including those
covered by Article 59 of Presidential Decree No. 603, as amended, but not covered by the
Revised Penal Code, as amended, shall suffer the penalty of prision mayor in its
minimum period.
b. Any person who shall keep or have in his company a minor, twelve (12) years or under or
who in ten (10) years or more his junior in any public or private place, hotel, motel, beer
joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other
tourist resort or similar places shall suffer the penalty of prision mayor in its maximum
period and a fine of not less than Fifty thousand pesos (P50,000): Provided, That this
provision shall not apply to any person who is related within the fourth degree of
consanguinity or affinity or any bond recognized by law, local custom and tradition or
acts in the performance of a social, moral or legal duty.
c. Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to
keep or have in his company a minor as provided in the preceding paragraph shall suffer
the penalty of prision mayor in its medium period and a fine of not less than Forty
thousand pesos (P40,000); Provided, however, That should the perpetrator be an
ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be
prision mayor in its maximum period, a fine of not less than Fifty thousand pesos
(P50,000), and the loss of parental authority over the minor.
d. Any person, owner, manager or one entrusted with the operation of any public or private
place of accommodation, whether for occupancy, food, drink or otherwise, including
residential places, who allows any person to take along with him to such place or places
~ 69 ~
any minor herein described shall be imposed a penalty of prision mayor in its medium
period and a fine of not less than Fifty thousand pesos (P50,000), and the loss of the
license to operate such a place or establishment.
e. Any person who shall use, coerce, force or intimidate a street child or any other child to;
a. Beg or use begging as a means of living;
b. Act as conduit or middlemen in drug trafficking or pushing; or
c. Conduct any illegal activities, shall suffer the penalty of prisioncorreccional in its
medium period to reclusion perpetua.
For purposes of this Act, the penalty for the commission of acts punishable under Articles
248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised
Penal Code, for the crimes of murder, homicide, other intentional mutilation, and serious
physical injuries, respectively, shall be reclusion perpetua when the victim is under twelve (12)
years of age. The penalty for the commission of acts punishable under Article 337, 339, 340 and
341 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of qualified seduction,
acts of lasciviousness with the consent of the offended party, corruption of minors, and white
slave trade, respectively, shall be one (1) degree higher than that imposed by law when the victim
is under twelve (12) years age.
The victim of the acts committed under this section shall be entrusted to the care of the
Department of Social Welfare and Development.

ARTICLE VII – Sanctions for Establishments or Enterprises


Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct
Activities Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene
Publications and Indecent Shows, and Other Acts of Abuse. 
 All establishments and enterprises which promote or facilitate child prostitution and other sexual
abuse, child trafficking, obscene publications and indecent shows, and other acts of abuse shall
be immediately closed and their authority or license to operate cancelled, without prejudice to
the owner or manager thereof being prosecuted under this Act and/or the Revised Penal Code, as
amended, or special laws. A sign with the words "off limits" shall be conspicuously displayed
outside the establishments or enterprises by the Department of Social Welfare and Development
for such period which shall not be less than one (1) year, as the Department may determine. The
unauthorized removal of such sign shall be punishable by prisioncorreccional.
 An establishment shall be deemed to promote or facilitate child prostitution and other sexual
abuse, child trafficking, obscene publications and indecent shows, and other acts of abuse if the
acts constituting the same occur in the premises of said establishment under this Act or in
violation of the Revised Penal Code, as amended. An enterprise such as a sauna, travel agency,
or recruitment agency which: promotes the aforementioned acts as part of a tour for foreign
tourists; exhibits children in a lewd or indecent show; provides child masseurs for adults of the
same or opposite sex and said services include any lascivious conduct with the customers; or
solicits children or activities constituting the aforementioned acts shall be deemed to have
committed the acts penalized herein.

ARTICLE VIII – Working Children


Section 12. Employment of Children. – Children below fifteen (15) years of age may be employed
except:
(1) When a child works directly under the sole responsibility of his parents or legal guardian
and where only members of the employer's family are employed: Provided, however, That
his employment neither endangers his life, safety and health and morals, nor impairs his
normal development: Provided, further, That the parent or legal guardian shall provide
the said minor child with the prescribed primary and/or secondary education; or
(2) When a child's employment or participation in public & entertainment or information
through cinema, theater, radio or television is essential: Provided, The employment
contract concluded by the child's parent or guardian, with the express agreement of the
child concerned, if possible, and the approval of the Department of Labor and
~ 70 ~
Employment: Provided, That the following requirements in all instances are strictly
complied with:
(a) The employer shall ensure the protection, health, safety and morals of the child;
(b) the employer shall institute measures to prevent the child's exploitation or
discrimination taking into account the system and level of remuneration, and the
duration and arrangement of working time; and;
(c) The employer shall formulate and implement, subject to the approval and supervision
of competent authorities, a continuing program for training and skill acquisition of the
child.
In the above exceptional cases where any such child may be employed, the employer shall
first secure, before engaging such child, a work permit from the Department of Labor and
Employment which shall ensure observance of the above requirement.
The Department of Labor Employment shall promulgate rules and regulations necessary for
the effective implementation of this Section.
Section 13. Non-formal Education for Working Children. – The Department of Education, Culture and
Sports shall promulgate a course design under its non-formal education program aimed at
promoting the intellectual, moral and vocational efficiency of working children who have not
undergone or finished elementary or secondary education. Such course design shall integrate the
learning process deemed most effective under given circumstances.
Section 14. Prohibition on the Employment of Children in Certain Advertisements. – No person shall
employ child models in all commercials or advertisements promoting alcoholic beverages,
intoxicating drinks, tobacco and its byproducts and violence.
Section 15. Duty of Employer. – Every employer shall comply with the duties provided for in Articles
108 and 109 of Presidential Decree No. 603.
Section 16. Penalties. – Any person who shall violate any provision of this Article shall suffer the
penalty of a fine of not less than One thousand pesos (P1,000) but not more than Ten thousand
pesos (P10,000) or imprisonment of not less than three (3) months but not more than three (3)
years, or both at the discretion of the court; Provided, That, in case of repeated violations of the
provisions of this Article, the offender's license to operate shall be revoked.

ARTICLE IX – Children of Indigenous Cultural Communities


Section 17. Survival, Protection and Development. – In addition to the rights guaranteed to children
under this Act and other existing laws, children of indigenous cultural communities shall be
entitled to protection, survival and development consistent with the customs and traditions of
their respective communities.
Section 18. System of and Access to Education. – The Department of Education, Culture and Sports
shall develop and institute an alternative system of education for children of indigenous cultural
communities which culture-specific and relevant to the needs of and the existing situation in their
communities. The Department of Education, Culture and Sports shall also accredit and support
non-formal but functional indigenous educational programs conducted by non-government
organizations in said communities.
Section 19. Health and Nutrition. – The delivery of basic social services in health and nutrition to
children of indigenous cultural communities shall be given priority by all government agencies
concerned. Hospitals and other health institution shall ensure that children of indigenous cultural
communities are given equal attention. In the provision of health and nutrition services to
children of indigenous cultural communities, indigenous health practices shall be respected and
recognized.
Section 20. Discrimination. – Children of indigenous cultural communities shall not be subjected to any
and all forms of discrimination.
Any person who discriminate against children of indigenous cultural communities shall
suffer a penalty of arresto mayor in its maximum period and a fine of not less than Five thousand
pesos (P5,000) more than Ten thousand pesos (P10,000).
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Section 21. Participation. – Indigenous cultural communities, through their duly-designated or
appointed representatives shall be involved in planning, decision-making implementation, and
evaluation of all government programs affecting children of indigenous cultural communities.
Indigenous institution shall also be recognized and respected.

ARTICLE X – Children in Situations of Armed Conflict


Section 22. Children as Zones of Peace. – Children are hereby declared as Zones of Peace. It shall be
the responsibility of the State and all other sectors concerned to resolve armed conflicts in order
to promote the goal of children as zones of peace. To attain this objective, the following policies
shall be observed.
(a) Children shall not be the object of attack and shall be entitled to special respect. They
shall be protected from any form of threat, assault, torture or other cruel, inhumane or
degrading treatment;
(b) Children shall not be recruited to become members of the Armed Forces of the
Philippines of its civilian units or other armed groups, nor be allowed to take part in the
fighting, or used as guides, couriers, or spies;
(c) Delivery of basic social services such as education, primary health and emergency relief
services shall be kept unhampered;
(d) The safety and protection of those who provide services including those involved in fact-
finding missions from both government and non-government institutions shall be ensured.
They shall not be subjected to undue harassment in the performance of their work;
(e) Public infrastructure such as schools, hospitals and rural health units shall not be
utilized for military purposes such as command posts, barracks, detachments, and supply
depots; and
(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily
separated due to armed conflict.
Section 23. Evacuation of Children During Armed Conflict. – Children shall be given priority during
evacuation as a result of armed conflict. Existing community organizations shall be tapped to
look after the safety and well-being of children during evacuation operations. Measures shall be
taken to ensure that children evacuated are accompanied by persons responsible for their safety
and well-being.
Section 24. Family Life and Temporary Shelter. – Whenever possible, members of the same family
shall be housed in the same premises and given separate accommodation from other evacuees
and provided with facilities to lead a normal family life. In places of temporary shelter, expectant
and nursing mothers and children shall be given additional food in proportion to their
physiological needs. Whenever feasible, children shall be given opportunities for physical
exercise, sports and outdoor games.
Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict. – Any child who has
been arrested for reasons related to armed conflict, either as combatant, courier, guide or spy is
entitled to the following rights;
(a) Separate detention from adults except where families are accommodated as family units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or guardians of the child; and
(d) Release of the child on recognizance within twenty-four (24) hours to the custody of the
Department of Social Welfare and Development or any responsible member of the
community as determined by the court.
If after hearing the evidence in the proper proceedings the court should find that the aforesaid
child committed the acts charged against him, the court shall determine the imposable penalty,
including any civil liability chargeable against him. However, instead of pronouncing judgment
of conviction, the court shall suspend all further proceedings and shall commit such child to the
custody or care of the Department of Social Welfare and Development or to any training
institution operated by the Government, or duly-licensed agencies or any other responsible
person, until he has had reached eighteen (18) years of age or, for a shorter period as the court
may deem proper, after considering the reports and recommendations of the Department of
~ 72 ~
Social Welfare and Development or the agency or responsible individual under whose care he
has been committed.
The aforesaid child shall subject to visitation and supervision by a representative of the
Department of Social Welfare and Development or any duly-licensed agency or such other
officer as the court may designate subject to such conditions as it may prescribe.
The aforesaid child whose sentence is suspended can appeal from the order of the court in the
same manner as appeals in criminal cases.
Section 26. Monitoring and Reporting of Children in Situations of Armed Conflict. – The chairman of
the barangay affected by the armed conflict shall submit the names of children residing in said
barangay to the municipal social welfare and development officer within twenty-four (24) hours
from the occurrence of the armed conflict.

ARTICLE XI – Remedial Procedures


Section 27. Who May File a Complaint. – Complaints on cases of unlawful acts committed against the
children as enumerated herein may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;1awphi1@ITC
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation occurred.
Section 28. Protective Custody of the Child. – The offended party shall be immediately placed under
the protective custody of the Department of Social Welfare and Development pursuant to
Executive Order No. 56, series of 1986. In the regular performance of this function, the officer of
the Department of Social Welfare and Development shall be free from any administrative, civil
or criminal liability. Custody proceedings shall be in accordance with the provisions of
Presidential Decree No. 603.
Section 29. Confidentiality. – At the instance of the offended party, his name may be withheld from the
public until the court acquires jurisdiction over the case.
It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed
materials, announcer or producer in case of television and radio broadcasting, producer and
director of the film in case of the movie industry, to cause undue and sensationalized publicity of
any case of violation of this Act which results in the moral degradation and suffering of the
offended party.Lawphi1@alf
Section 30. Special Court Proceedings. – Cases involving violations of this Act shall be heard in the
chambers of the judge of the Regional Trial Court duly designated as Juvenile and Domestic
Court.
Any provision of existing law to the contrary notwithstanding and with the exception of
habeas corpus, election cases, and cases involving detention prisoners and persons covered by
Republic Act No. 4908, all courts shall give preference to the hearing or disposition of cases
involving violations of this Act.

ARTICLE XII – Common Penal Provisions


Section 31. Common Penal Provisions. –
(a) The penalty provided under this Act shall be imposed in its maximum period if the
offender has been previously convicted under this Act;
(b) When the offender is a corporation, partnership or association, the officer or employee
thereof who is responsible for the violation of this Act shall suffer the penalty imposed in
its maximum period;
(c) The penalty provided herein shall be imposed in its maximum period when the
perpetrator is an ascendant, parent guardian, stepparent or collateral relative within the
second degree of consanguinity or affinity, or a manager or owner of an establishment
which has no license to operate or its license has expired or has been revoked;
~ 73 ~
(d) When the offender is a foreigner, he shall be deported immediately after service of
sentence and forever barred from entry to the country;
(e) The penalty provided for in this Act shall be imposed in its maximum period if the
offender is a public officer or employee: Provided, however, That if the penalty imposed
is reclusion perpetua or reclusion temporal, then the penalty of perpetual or temporary
absolute disqualification shall also be imposed: Provided, finally, That if the penalty
imposed is prisioncorreccional or arresto mayor, the penalty of suspension shall also be
imposed; and
(f) A fine to be determined by the court shall be imposed and administered as a cash fund by
the Department of Social Welfare and Development and disbursed for the rehabilitation
of each child victim, or any immediate member of his family if the latter is the
perpetrator of the offense.

ARTICLE XIII – Final Provisions


Section 32. Rules and Regulations. – Unless otherwise provided in this Act, the Department of Justice,
in coordination with the Department of Social Welfare and Development, shall promulgate rules
and regulations of the effective implementation of this Act.
Such rules and regulations shall take effect upon their publication in two (2) national
newspapers of general circulation.
Section 33. Appropriations. – The amount necessary to carry out the provisions of this Act is hereby
authorized to be appropriated in the General Appropriations Act of the year following its
enactment into law and thereafter.
Section 34. Separability Clause. – If any provision of this Act is declared invalid or unconstitutional,
the remaining provisions not affected thereby shall continue in full force and effect.
Section 35. Repealing Clause. – All laws, decrees, or rules inconsistent with the provisions of this Acts
are hereby repealed or modified accordingly.
Section 36. Effectivity Clause. – This Act shall take effect upon completion of its publication in at least
two (2) national newspapers of general circulation.

Approved: June 17, 1992.lawphi1Ÿ

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Presidential Decree No. 1006, s. 1976


Signed on September 22, 1976
MALACAÑANG  MANILA

PRESIDENTIAL DECREE NO 1006


PROVIDING FOR THE PROFESSIONALIZATION OF TEACHERS,
REGULATING THEIR PRACTICE IN THE PHILIPPINES AND FOR OTHER
PURPOSES.

WHEREAS, the Constitution provides that “All educational institutions shall be under the supervision
of; and subject to regulation by, the State”, and requires that “the State shall establish and maintain a
complete, adequate and integrated system of education relevant to the goals of national development”;
WHEREAS, in the pursuit on these objectives, the Department of Education and Culture has adopted
ways and means of overseeing all the educational institutions in the country;
WHEREAS, this supervisory function of the DEC has been primarily beamed towards insuring that the
educational institutions inculcate in the studentry love of the country, teach the duties of citizenship, and
develop moral character, personal discipline, and scientific, technological and vocational efficiency;
~ 74 ~
WHEREAS, to implement these objectives, the institutions have relied upon their teachers whose direct
and continuing interaction with the young people and the children make them potent forces for the
development of proper attitudes among the citizenry;
WHEREAS, this accounts for the tremendous growth of the teaching population, comprising in the civil
service sector alone more than 300,000 teachers deployed all over the country;
WHEREAS, to insure that in the immediacy and urgency of teacher recruitment qualitative requirements
are not overlooked, it has become necessary to regulate the teaching profession;
WHEREAS, although teaching requires a number of years of collegiate study, it is the only course that it
is not yet considered a profession;
WHEREAS, in recognition of the vital role of teachers in nation-building and as an incentive to raise the
morale of teachers, it is imperative that they be considered as professionals and teaching be recognized
as a profession.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby decree and order:

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


Section 2. Declaration of Policy. It is hereby declared a policy that teacher education shall be given
primary concern and attention by the government and shall be of the highest quality, and strongly
oriented to Philippine conditions and to the needs and aspirations of the Filipino people even as it
seeks enrichment from adoptable ideas and practices of other people.
Section 3. Definition of Terms. As used in this Decree, the following shall be construed as follows:
(a) Teaching refers to the profession primarily concerned with the classroom instruction, at
the elementary and secondary levels, in accordance with the curriculum prescribed by
National Board of Education, whether on part-time or full-time basis in the public or
private schools.
(b) Teachers refers to all persons engaged in teaching at the elementary and secondary
levels, whether on a full-time or part-time basis, including guidance counselors, school
librarians, industrial arts or vocational teachers and all other persons performing
supervisory and/or administrative functions in all schools in the aforesaid levels and
legally qualified to practice teaching under this Decree.
(c) Board refers to the National Board for Teachers duly constituted under this Decree.
Section 4. Creation of the National Board for Teachers. There is hereby created a National Board for
Teachers, hereinafter called the Board, to be composed of the following:
1) Secretary of Education and Culture
Co-Chairman
2) Chairman, Civil Service Commission
3) Commissioner, Professional Regulations Commission
Two members representing the private sector to be appointed by the President Member
4)
Section 5. Powers and Duties. The Board shall have the following powers and duties:
(a) Appoint a set of examiners for every examination who will determine and prepare the
contents of the Board examination for teachers, hereinafter referred to as examination, in
the elementary and secondary levels of instruction, to be held at least once a year;
(b) Determine and fix the places and dates of examination, appoint supervisors and room
examiners from among the employees of the Government who shall be entitled to a daily
allowance to be fixed by the Board for every examination day actually attended, use the
buildings and facilities of public and private schools for examination purposes, approve
applications to take examination, and approve the release of examination results;
(c) Look from time to time into the conditions affecting the practice of the teaching
profession, adopt such measures as may be deemed proper for the enhancement of said
profession, and/or maintenance of the professional standards and ethics;
(d) Issue, suspend, revoke, replace or reissue Professional Teachers Certificate, and
administer oaths;
~ 75 ~
(e) Appoint, subject to the provisions of existing laws, such officials and employees as are
necessary in the effective performance of its functions and responsibilities, prescribe
their duties and fix their compensation;
(f) Prescribe and collect examination and other fees as it may deem proper; and
(g) Promulgate rules and regulations, and exercise such other powers, functions and duties
as may be necessary to carry into effect the purposes of this Decree.
Section 6. Qualification requirements for examination applicants. No applicant shall be admitted to
take the examination unless, on the date of filing of the application, he shall have complied with
the following requirements:
(a) Except those who have been engaged in teaching as herein defined for at least five years
in schools in the Philippines not organized exclusively for nationals of a foreign country
at the time of the effectivity of this Decree, the applicant must be a citizen of the
Philippines;
(b) That he is of good moral character;
(c) That he is free from any physical and/or mental defect which will incapacitate him to
render efficient service; and
(d) That he possesses the following minimum educational qualifications:
1) For teachers in the kindergarten and elementary grades, Bachelor’s degree in
Elementary Education (B.S.E.Ed.) or its equivalent;
2) For teachers of the secondary schools, Bachelor’s degree in Education or its
equivalent with a major and minor, or a Bachelor’s degree in Arts or Sciences with at
least eighteen units in professional education; and
3) For teachers of secondary vocational and two-year technical courses, Bachelor’s
degree in the field of specialization with at least eighteen units in professional
education.
All applications shall be filed with an office or offices designated by the Board, preferably
the offices of the Civil Service Commission and the Department of Education and Culture.
These offices shall screen and approve such applications and issue the corresponding permits
to take the examination to qualify applicants.
Section 7. Appointment of examiners. The Board shall appoint a set of examiners for every
examination who are recognized authority in teacher education, and their names shall not be
disclosed until after the release of the results of the examination. They shall each receive as
compensation the sum of not less than P5.00 for each examinee as may be determined by the
Board but in no case shall each examiner receive more than P18,000 per examination. Any
examiner who is in the service of the Government shall receive the compensation herein
provided in addition to his salary.
Section 8. Scope of the examination. The examination shall consist of written tests, the scope of which
shall be determined by the Board, taking into consideration the teaching plan of the schools
legally constituted in the Philippines.
Section 9. Ratings in the examination. In order that a candidate may be deemed to have successfully
passed the examinations, he must have obtained a general average of at least 70 per cent in all
subjects, with no rating below 50 per cent in any subject.
Section 10. Report of the results of examination. The examiners shall report the ratings obtained by
each candidate to the Board within 150 days after the last day of the examination, unless
extended by the latter.
Section 11. Issuance of Certificates.  Teachers who have passed examinations given by the Civil
Service Commission or jointly by the Civil Service Commission and the Department of
Education and Culture shall be considered as having passed the board examinations for teachers.
The Board may consider their certificates of rating as certificates of eligibility or issue an
entirely new certificate upon registration of the teacher and payment of the corresponding fees.
This provision shall likewise apply to those teachers who have permanent appointment under
the Magna CartaFor Public School Teachers and all others who may be qualified for registration
as professional teachers under this Decree.
~ 76 ~
Section 12. Registration. The Civil Service Commission shall, as an arm of the Board, register holders
of Professional Teacher Certificate which registration shall evidence that the registrant is entitled
to all the rights and privileges of a Professional Teacher until and unless the certificate is
suspended or canceled by the Board for just cause.
Section 13. Reissuance of revoked certificates and replacement of lost certificates. The Board may,
for reason of equity and justice, and upon proper application therefor, issue another copy,
original or duplicate, upon payment of the required fee, of a certificate which has been revoked.
A new certificate to replace a lost, destroyed or mutilated certificate may be issued subject to the
rules of the Board.
Section 14. Registration by reciprocity. The Civil Service Commission shall, upon approval of the
Board, effect the registration, without examination, of a teacher validly registered under the laws
of any foreign state or country; Provided, That the requirements for registration in said foreign
state or country are substantially the same as those required and contemplated by this Decree,
and the laws of such foreign state or country allow citizens of the Philippines to practice the
profession on the same basis and grant the same privileges as the citizens or subjects of such
foreign state or country; Provided finally, That the applicant shall submit competent and
conclusive documentary evidence, confirmed by the Department of Foreign Affairs, showing that
his country’s existing laws permit citizens of the Philippines to practice teaching profession
under the rules and regulations governing citizens thereof.
Section 15. Prohibition. Three years after the effectivity of this Decree, no person shall engage in
teaching and/or act as a teacher as defined in this Decree, whether in the public or private
elementary or secondary school, unless he is holder of a Professional Teacher Certificate or is
considered a Professional Teacher under this Decree.
Section 16. Penal Provision. Any person who shall practice the teaching without a valid Professional
Teacher Certificate, or any person presenting as his or her own the certificate of another, or any
person giving any false or forged evidence in order to obtain a Professional Teacher Certificate
or admission to an examination, or any person assuming himself as a registered professional
teacher or any person violating any provision of this Decree shall be penalized by a fine of not
less than One Thousand Pesos nor more than Five Thousand Pesos with subsidiary imprisonment
or to suffer an imprisonment of not less than six months nor more than two years, or both such
fine and imprisonment at the discretion of the Court.
Section 17. Repealing Clause. All Acts, Decrees, Executive Orders, Administrative Orders, rules and
regulations or parts thereof inconsistent with the provisions of this Decree are hereby repealed or
modified accordingly.
Section 18. Separability Clause. In case any provision of this Decree or any portion thereof is declared
unconstitutional by a competent court, other provisions shall not be affected thereby.
Section 19. Effectivity. This Decree shall take effect January 1, 1977.

DONE in the City of Manila, this 22nd day of September, in the year of Our Lord, nineteen hundred and seventy-six.

(Sgd.) FERDINAND E. MARCOS (Sgd.) JACOBO C. CLAVE


President of the Philippines Presidential Executive Assistant
By the President

------------------------------------------------------------------------------------------------------------------------------

REPUBLIC ACT NO. 7836

AN ACT TO STRENGTHEN THE REGULATION AND SUPERVISION OF THE


PRACTICE OF TEACHING IN THE PHILIPPINES AND PRESCRIBING A
LICENSURE EXAMINATION FOR TEACHERS AND FOR OTHER PURPOSES.
~ 77 ~
ARTICLE I - TITLE SECTION
Sec.1. Short Title. — This Act shall be known as the "Philippine Teachers Professionalization Act of
1994."
Sec. 2.Statement of Policy. — The State recognizes the vital role of teachers in nation-building and
development through a responsible and literate citizenry.Towards this end, the State shall ensure
and promote quality education by proper supervision and regulation of the licensure examination
and professionalization of the practice of the teaching profession.
Sec. 3.Objectives. — This Act has the herein objectives: (a) The promotion, development and
professionalization of teachers and the teaching profession; and (b) The supervision and
regulation of the licensure examination.
Sec. 4.Definition of Terms. — For purposes of this Act, the following terms shall mean:
(a) "Teaching" — refers to the profession concerned primarily with classroom instruction, at
the elementary and secondary levels in accordance with the curriculum prescribed by the
Department of Education, Culture and Sports, whether on part-time or full-time basis in
the private or public schools.
(b) "Teachers" — refers to all persons engaged in teaching at the elementary and secondary
levels, whether on full-time or part-time basis, including industrial arts or vocational
teachers and all other persons performing supervisory and/or administrative functions in
all schools in the aforesaid levels and qualified to practice teaching under this Act.
(c) "Board" — refers to the Board for Professional Teachers duly established and constituted
under this Act.
(d) "Commission" — refers to the Professional Regulation Commission.

ARTICLE II - BOARD FOR PROFESSIONAL TEACHERS


Sec. 5.Creation and Composition of the Board. — There is hereby created under this Act a Board for
Professional Teachers, hereinafter called the Board, a collegial body under the general
supervision and administrative control of the Professional Regulation Commission, hereinafter
referred to as the Commission, composed of five (5) members who shall be appointed by the
President of the Philippines from among the recommendees chosen by the
Commission.Therecommendees shall be chosen from the list of nominees selected by the
accredited association of teachers, who duly possess all the qualifications prescribed in Section 8
of this Act. The chairman and the voice-chairman of the Board shall be appointed from these five
(5) members by the President: Provided, That the members of the first Board appointed under
this Act shall be automatically registered as professional teachers and issued with the certificate
of registration and professional license upon payment of the fees for examination, registration,
and other fees prescribed by the Commission.
Sec. 6.Duties and Function of the Board. — The Board shall have the following duties and functions:
(a) Promulgate, administer and enforce rules and regulations necessary for carrying out the
provisions of this Act in accordance with the charter of the Professional Regulation
Commission;
(b) Determine and fix the frequency, dates, and places of examination, appoint supervisors,
proctors, and other personnel as needed who shall 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;
~ 78 ~
(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 ducestecum to secure the appearance
of witnesses and the production of documents in connection therewith; and
(l) Discharge such other powers, duties and functions as the Board may deem necessary for
the practice of the teaching profession and the upgrading, enhancement, development
and growth of education in the Philippines.
Sec. 7.Term of Office. — The members of the Board shall hold office for a term of three (3) years from
the date they assume office: Provided, That the first appointees to the Board under this Act shall
hold office according to the following terms: one (1) member shall serve for one (1) year; one (1)
member for two (2) years; the chairman, vice-chairman, and one (1) member for three (3) years.
Vacancies shall be served for the unexpired term only. No person who has served for two (2)
consecutive terms shall be eligible for reappointment. Appointment to fill an unexpired term
shall be considered an appointment to a complete term. The chairman or any member shall take
his oath of office prior to the performance of his duties.
Sec. 8.Qualification of Board Members. — Each Board member must at the time of his appointment:
(a) Be a citizen and resident of the Philippines;
(b) Be at least thirty-five (35) years of age, of proven integrity, and possessed of high moral
values in his personal as well as professional conduct and has not been convicted of any
offense involving moral turpitude;
(c) Be a holder of the degree of Bachelor of Arts or Bachelor of Science in Education and
preferably a holder of a master's or doctorate degree in education, or their equivalents,
from a university, school, college, academy or institute duly constituted, recognized
and/or accredited by the Philippine government;
(d) Be a professional teacher with a valid certificate of registration and valid professional
license, save those members who shall compose the first Board for Professional
Teachers;
(e) Has been a professional teacher in the active practice of the teaching profession for at
least ten (10) years in the elementary and secondary level; and
(f) Not be an official or member of the faculty of, nor have pecuniary interest in any
university, college, school, or institution conferring a bachelor's degree in education or
its equivalents for at least three (3) years prior to his appointment, and neither connected
with a review center or with any group or association where review classes or lectures in
preparation for the licensure examination are offered or conducted. Provided, however,
That, the membership to the Board shall be evenly distributed to cover all levels of
education, including equitable representation of the different fields of specialization.
Sec. 9.Compensation of the Board. — The chairman, vice-chairman, and members of the Board shall
receive compensation comparable to the compensation received by existing regulatory boards
under the Professional Regulation Commission, computed on the basis of the number of
examinees/candidates.
Sec. 10.Supervision of the Board and Custodian of its Records. — The Board shall be under the
supervision and control of the Commission. All records, including applications for examination,
examination papers and results, minutes of deliberation, administrative cases and investigative
cases and investigations involving professional teachers shall be kept by the Commission.
Sec. 11.Secretariat and Support Services. — The Professional Regulation Commission, through its
chairman, shall provide the secretariat and other support services to implement effectively the
provisions of this Act.
~ 79 ~
Sec. 12.Removal of a Board Member. — The chairman or any member of the Board may be removed
by the President of the Philippines upon recommendation of the Commission for neglect of duty,
incompetence, unprofessional, unethical, immoral or dishonorable conduct, commission or
toleration of irregularities in the examination, after having been given the opportunity to defend
himself in a proper administrative investigation. In the course of investigation, the President may
preventively suspend the respondent.

ARTICLE III - EXAMINATION AND REGISTRATION


Sec. 13. Examination, Registration and License Required. — Except as otherwise specifically
allowed under the provisions of this Act, all applicants for registration as professional teachers
shall be required to undergo a written examination which shall be given at least once a year in
such places and dates as the Board may determine upon approval by the Commission. A valid
certificate of registration and a valid professional license from the Commission are required
before any person is allowed to practice as a professional teacher in the Philippines, except as
otherwise allowed under this Act.
Sec. 14.Scope of Examination.— The examinations for the elementary and secondary school teachers
shall be separate. The examination for teachers in the elementary level shall consist of two (2)
parts, namely: professional education and general education. The examination for teachers in the
secondary level shall consist of three (3) parts, namely: professional education, general
education, and field of specialization.
Sec. 15.Qualification Requirements of Applicants. — No applicant shall be admitted to take the
examination unless, on the date of filing of the application, he shall have complied with the
following requirements:
(a) A citizen of the Philippines or an alien whose country has reciprocity with the Philippines
in the practice of the teaching profession;
(b) At least eighteen (18) years of age;
(c) In good health and of good reputation with high moral values;
(d) Has not been convicted by final judgment by a court for an offense involving moral
turpitude;
(e) A graduate of a school, college or university recognized by the government and possesses
the minimum educational qualifications, as follows:
(1) For teachers in preschool, a bachelor's degree in early childhood education (BECED)
or 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.
Sec. 16.Report of the Results of the Examination. — The Board shall, within one hundred twenty
(120) days after the examination, report the ratings obtained by each candidate to the
Professional Regulation Commission for approval and appropriate action.
Sec. 17.Issuance of Certificate of Registration and Professional License. — The registration of a
professional teacher commences from the date his name is enrolled in the roster of professional
teachers. Every registrant who has satisfactorily met all the requirements specified in this Act
shall, upon payment of the registration fee, be issued a certificate of registration as a professional
teacher bearing the full name of the registrant with serial number and date of issuance signed by
the chairman of the Commission and the chairman, vice-chairman, and members of the Board,
stamped with the official seal, as evidence that the person named therein is entitled to practice
the profession with all the rights and privileges appurtenant thereto. The certificate shall remain
~ 80 ~
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.
Sec. 18. Oath Before Practice. — Every registrant shall be required to take his professional oath before
practicing as a professional teacher.
Sec. 19.Periodic Merit Examination of Teachers.— To encourage continuing professional growth and
development and to provide additional basis for merit promotion, in addition to their
performance rating, teachers may take an oral and written examination at least once in five (5)
years as basis for merit promotion. In taking this examination, no fee shall be required.
Sec. 20.Failure to Pass the Merit Examination.— If a teacher fails to pass the merit examination, he
or she shall be allowed to take the examination for a second time. Should he or she fail to pass
the merit examination for the second time, then he or she shall be required to take a DECS
accredited refresher course or program before being allowed to retake the examination. Failure of
any permanent teacher to pass the merit examination shall not, however, be used as a ground for
his/her dismissal or demotion.
Sec. 21.Incentives. — Teachers who pass the merit examination shall: (a) Be awarded a diploma of
merit by the Board; (b) Earn merit points for purposes of 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.
Sec. 22.Integration of the Teaching Profession. — The teaching profession shall be integrated into one
national organization which shall be recognized by the Board and the Commission as the one and
only integrated and accredited association of professional teachers. Upon registration with the
Board, every professional teacher shall be encouraged to become a member of the integrated
national organization. Those who have been registered with the Board but are not members of
the said integrated organization shall be allowed to register as members of the said integrated
organization within three (3) years after the effectivity of this Act. Membership in the integrated
organization shall not be a bar to membership in other associations of the teaching profession.
The professional teachers shall receive the benefits and privileges appurtenant to their
membership in the said integrated and accredited organization of professional teachers only upon
payment of the required membership fees and dues.
Sec. 23.Revocation of the Certificate of Registration, Suspension from the Practice of the Teaching
Profession, and Cancellation of Temporary or Special Permit.— The Board shall have the
power, after due notice and hearing, to suspend or revoke the certificate of registration of any
registrant, to reprimand or to cancel the temporary/special permit of a holder thereof who is
exempt from registration, for any of the following causes:
(a) Conviction for any criminal offense by a court of competent jurisdiction;
(b) Immoral, unprofessional or dishonorable conduct;
(c) Declaration by a court of competent jurisdiction for being mentally unsound or insane;
(d) Malpractice, gross incompetence, gross negligence or serious ignorance of the practice
of the teaching profession;
(e) The use of or perpetration of any fraud or deceit in obtaining a certificate of registration,
professional license or special/temporary permit;
(f) Chronic inebriety or habitual use of drugs;
(g) Violation of any of the provisions of this Act, the rules and regulations and other policies
of the Board and the Commission, and the code of ethical and professional standards for
professional teachers; and
(h) Unjustified or willful failure to attend seminars, workshops, conferences and the like or
the continuing education program prescribed by the Board and the Commission. The
decision of the Board to revoke or suspend a certificate may be appealed to the regional
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trial court of the place where the Board holds office within fifteen (15) days from receipt
of the said decision or of the denial of the motion for reconsideration filed in due time.
Sec. 24.Registration by Reciprocity. — No teacher of a foreign nationality shall be admitted to the
examination, or be given a certificate of registration or be entitled to any of the rights and
privileges provided under this Act; unless the country or state of which he is a subject permits
Filipino professional teachers to practice within its territorial limits on the same basis as subjects
or citizens of said country or state: Provided, that the requirements of certification of teachers
with said foreign state or country are substantially the same as those required and contemplated
under this Act: Provided, further, That the laws of such state or country grant the same privilege
to Filipino professional teachers on the same basis as the subject or citizens of such foreign
country or state.
Sec. 25.Roster of Professional Teachers. — A roster of professional teachers containing the names and
addresses of professional teachers, date of registration or issuance of certificate, and other data
which in the opinion of the Board may appear pertinent shall be maintained. Copies of the roster
shall be provided by the Commission to the Board, the Department of Education, Culture and
Sports, and the integrated and accredited organization of professional teachers.
Sec. 26.Registration and Exception. — Two (2) years after the effectivity of this Act, no person shall
engage in teaching and/or act as a professional teacher as defined in this Act, whether in the
preschool, elementary or secondary level, unless he is a duly registered professional teacher, and
a holder of a valid certificate of registration and a valid professional license or a holder of a valid
special/temporary permit. Upon approval of the application and payment of the prescribed fees,
the certificate of registration and professional license as a professional teacher shall be issued
without examination as required in this Act to a qualified applicant, who at the time of the
approval of this Act, is:
(a) A holder of a certificate of eligibility as a teacher issued by the Civil Service Commission
and the Department of Education, Culture and Sports; or
(b) A registered professional teacher with the National Board for Teachers under the
Department of Education, Culture and Sports (DECS) pursuant to Presidential Decree
No. 1006; or
(c) Not qualified under paragraphs one and two but with any of the following qualifications.
to wit:
(1) An elementary or secondary teacher for five (5) years in good standing and a holder
of Bachelor of Science in Education or its equivalent; or
(2) An elementary or secondary teacher for three (3) years in good standing and a holder
of a master's degree in education or its equivalent. Provided, That they shall be given
two (2) years from the organization of the Board for professional teachers within
which to register and be included in the roster of professional teachers: Provided,
further, That those incumbent teachers who are not qualified to register without
examination under this Act or who, albeit qualified, were unable to register within the
two-year period shall be issued a five-year temporary or special permit from the time
the Board is organized within which to register after passing the examination and
complying with the requirements provided this Act and be included in the roster of
professional teachers: Provided, furthermore, That those who have failed the licensure
examination for professional teachers shall be eligible as para-teachers and as such,
shall be issued by the Board a special or temporary permit, and shall be assigned by
the Department of Education, Culture and Sports (DECS) to schools as it may
determine under the circumstances.

ARTICLE IV
PROVISIONS RELATIVE TO THE PRACTICE OF THE TEACHING PROFESSION
Sec. 27. Inhibition Against the Practice of the Teaching Profession. — Except as otherwise allowed
under this Act, no person shall practice or offer to practice the teaching profession in the
Philippines or be appointed as teacher to any position calling for a teaching position without
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having previously obtained a valid certificate of registration and a valid professional license from
the Commission.
Sec. 28.Penal Provisions. — The following shall be punishable by a fine of not less than Five thousand
pesos (P5,000.00) nor more than Twenty thousand pesos (P20,000.00) or imprisonment of nor
less than six (6) months nor more than five (5) years, or both, at the discretion of the court:
(a) Any person who practices the teaching profession in the Philippines without being
certified in accordance with the provisions of this Act;
(b) Any person who represents or attempts to use as his own certificate of registration that of
another;
(c) Any person who gives any false, or fraudulent evidence of any kind to the Board or any
member thereof in obtaining a certificate of registration as teacher;
(d) Any person who impersonates any registrant of the same or different name;
(e) Any person who uses a revoked or suspended certificate of registration;
(f) Any person who, in connection with his name, otherwise assumes, uses or advertises any
title or description tending to convey or conveys the impression that he is a teacher
without holding a valid certificate; and
(g) Any person who violates or who abets the violation of any of the provisions of this Act.
The penalty of fine or imprisonment or both, as provided in this section, shall also apply
to any school official who shall cause or be responsible for the commission of any of the
above-enumerated acts.
Sec. 29.Appropriations. — Such sums as may be necessary to carry out the provisions of this Act shall
be included in the 1996 General Appropriations Act and thereafter.
Sec. 30.Implementing Guidelines. — The Board shall formulate and adopt the necessary guidelines for
the effective implementation of the provisions of this Act within sixty (60) days of its approval.
The Board shall submit to both Committees on Education, Arts, and Culture; and the Committees
on Civil Service and Professional Regulation of the Senate and House of Representatives, copies
of the implementing rules and guidelines within thirty (30) days after its promulgation. Any
violation of this section shall render the official/s concerned liable under Republic Act No. 6713,
otherwise known as the "Code of Conduct and Ethical Standards for Public Officials and
Employees" and other pertinent administrative and/or penal laws.
Sec. 31.Transitory Provision.— All incumbent teachers in both the public and private sector not
otherwise certified as professional teachers by virtue of this Act, shall be given (5) years
temporary certificates from the time the Board for Professional Teachers is organized within
which to qualify as required by this Act and be included in the roster of professionals. Provided,
however, That the Professional Board Examination for Teachers (PBET) shall still be
administered by the Civil Service Commission and the Department of Education, Culture and
Sports for the year 1995.
Sec. 32.Separability Clause. — If, for any reason, any section or provision of this Act or the application
of such section or provision to any person or circumstance is declared unconstitutional or invalid,
no other section or provision of this Act shall be affected thereby.
Sec. 33.Repealing Clause.— All laws, presidential decrees, executive orders, rules and regulations or
parts thereof inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.
Sec. 34.Effectivity Clause. — This Act shall take effect after fifteen (15) days following its complete
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved: December 16, 1994.

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Republic Act No. 9293
Metro Manila
Twelfth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-eighth day of July, two thousand three.
[REPUBLIC ACT NO. 9293]

AN ACT AMENDING CERTAIN SECS OF REPUBLIC ACT NUMBERED


SEVENTY-EIGHT HUNDRED AND THIRTY-SIX (R.A. NO. 7836), OTHERWISE
KNOWN AS THE “PHILIPPINE TEACHERS PROFESSIONALIZATION ACT
OF 1994”

SECTION 1. Section 15, (e) (3) of Republic Act No. 7836 is hereby amended as follows:
“SEC. 15. Qualification Requirements of Applicants. – No applicant shall be admitted to take the
examination unless, on the date of filing of the application, he shall have complied with the
following requirements:
“(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 degree in arts and sciences with at least eighteen
(18) units in professional education; and
(4) For teachers of vocational and two-year technical courses, a bachelor’s degree in the field
of specialization or its equivalent, with at least eighteen (18) units in professional
education.”
SEC 2. Section 26 of the same Act is hereby amended to read as follows:
“SEC. 26. Registration and Exception. – No person shall engage in teaching and/or act as a
professional teacher as defined in this Act, whether in the preschool, elementary or secondary
level, unless the person is a duly registered professional teacher, and a holder of a valid
certificate of registration and a valid professional license or a holder of a valid special/temporary
permit.
Upon approval of the application and payment of the prescribed fees, the certificate of
registration and professional license as a professional teacher shall be issued without
examination as required in this Act to a qualified applicant, who is:
(a) A holder of a certificate of eligibility as a teacher issued by the Civil Service Commission
and the Department of Education, Culture and Sports; or
(b) A registered professional teacher with the National Board for Teachers under the
Department of Education, Culture and Sports (DECS) pursuant to Presidential Decree
No. 1006.
Professional teachers who have not practiced their profession for the past five (5) years shall
take at least twelve (12) units of education courses, consisting of at least six (6) units of
pedagogy and six (6) units of content courses, or the equivalent training and number of hours, to
be chosen from a list of courses to be provided by the Board and the Department of Education,
before they can be allowed to practice their profession in the country.
Those who have failed the licensure examination for professional teachers, with a rating of
not lower than five percentage points from the passing general average rating, shall be eligible as
para-teachers upon issuance by the Board of a two-year special permit, renewable for a non-
extendible period of two (2) years. The para-teachers shall be assigned to areas where there is a
shortage or absence of a professional teacher, as identified and provided by the Department of
Education and the Autonomous Region for Muslim Mindanao (ARMM) education department to
~ 84 ~
the Board for professional teachers and to the Commission. The special permit shall indicate the
area of assignment of the para-teacher.
A special permit may also be issued by the Board to a person who has excelled and gained
international recognition and is a widely acknowledged expert in his or her respective field of
specialization.”
SEC 3. Section 31 of the same Act is hereby amended to read as follows:
“SEC. 31. Transitory Provision. – Special permits, with a validity of three (3) and five (5) years, issued
to para-teachers by the Board for Professional Teachers before the effectivity of this Act shall be
allowed to expire based on the period granted therein: Provided, That only special permits with a
validity of three (3) years may be renewed upon expiration for a non-extendible period of two (2)
years.”
SEC 4. References to the term “Department of Education, Culture and Sports”, in section 4 (a) and
section 25, and the term “DECS” in section 20, of the same Act, are hereby amended to read as
“Department of Education” and “DepEd”, respectively.
SEC 5. Separability Clause. – If, for any reason, any section or provision of this Act or the application
of such section or provision to any person or circumstance is declared unconstitutional or invalid,
no other section or provision of this Act shall be affected thereby.
SEC 6. Repealing Clause. – All laws, decrees, circulars, administrative orders, rules and regulations,
and other issuances which are inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.
SEC 7. Effectivity. – This Act shall take effect upon approval.

Approved,
(Sgd.) JOSE DE VENECIA JR.
Speaker of the House (Sgd.) FRANKLIN M. DRILON
of Representatives President of the Senate
This Act, which is a consolidation of Senate Bill No. 2698 and House Bill No. 5411 was finally passed by the Senate and the
House of Representatives on February 6, 2004 and February 7, 2004, respectively.

(Sgd.) ROBERTO P. NAZARENO


Secretary General (Sgd.) OSCAR G. YABES
House of Representatives Secretary of the Senate

Approved: APR 21 2004(Sgd.) GLORIA MACAPAGAL-ARROYO


President of the Philippines

------------------------------------------------------------------------------------------------------------------------------

REPUBLIC ACT NO. 8980      December 05, 2000

AN ACT PROMULGATING A COMPREHENSIVE POLICY AND A NATIONAL


SYSTEM FOR EARLY CHILDHOOD CARE AND DEVELOPMENT (ECCD),
PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES

Section 1. Short Title.  - This Act shall be known as the "ECCD Act,"
Section 2. Declaration of Policy. - It is hereby declared the policy of the State to promote the rights of
children to survival, development and special protection with full recognition of the nature of
childhood and its special needs; and to support parents in their roles as primary caregivers and as
their children's first teachers. The State shall institutionalize a National System for Early
Childhood Care and Development (ECCD) that is comprehensive, integrative and sustainable,
that involves multi-sectoral and inter-agency collaboration at the national and local levels among
government; among service providers, families and communities; and among the public and
private sectors, nongovernment organizations, professional associations, and academic
institutions, This System shall promote the inclusion of children with special needs and advocate
~ 85 ~
respect for cultural diversity. It shall be anchored on complementary strategies for ECCD that
include service delivery for children from conception to age six (6), educating parents and
caregivers, encouraging the active involvement of parents and communities in ECCD programs,
raising awareness about the importance of ECCD, and promoting community development
efforts that improve the quality of life for young children and families,
Section 3. Objectives. - The objectives of the National ECCD System are:
(a) To achieve improved infant and child survival rates by ensuring that adequates health
and nutrition programs are accessible to young children and their mothers from the pre-
natal period throughout the early childhood years;
(b) To enhance the physical, social, emotional, cognitive, psychological, spiritual and
language development of young children;
(c) To enhance the role of parents and other caregivers as the primary caregivers and
educators of their children from birth onwards;
(d) To facilitate a smooth transition from care and education provided at home to community
or school-based setting and to primary school;
(e) To enhance the capabilities of service providers and their supervisors to comply with
quality standards for various ECCD programs;
(f) To enhance and sustain the efforts of communities to promote ECCD programs and
ensure that special support is provided for poor and disadvantaged communities;
(g) To ensure that young children are adequately prepared for the formal learning system
and that both public and private schools are responsive to the developmental needs of
these children;
(h) To establish an efficient system for early identification, prevention, referral and
intervention for developmental disorders and disabilities in early childhood; and
(i) To improve the quality standards of public and private ECCD programs through, but not
limited to, a registration and credential system for ECCD service providers.
Section 4. Definitions. - For purposes of this Act:
(a) Early Childhood Care and Development (ECCD) System refers to the full range of
health, nutrition, early education and social services programs that provide for the basic
holistic needs of young children from birth to age six (6), to promote their optimum
growth and development. These programs include:
(1) Center-based programs, such as the day care service established under Republic Act
No. 6972, public and private pre-schools, kindergarten or school-based programs,
community or church-based early childhood education programs initiated by
nongovernment organizations or people's organizations, workplace-related child care
and education programs, child-minding centers, health centers and stations; and
(2) Home-based programs, such as the neighborhood-based play groups, family day care
programs, parent education and home visiting programs.
(b) ECCD Service Providers include the various professionals, paraprofessionals, and
volunteer caregivers who are directly responsible for the care and education of young
children through the various center and home-based programs. They include, but are not
limited to, day care workers, teachers, teacher-aides, rural health midwives, social
workers, community health workers, barangay nutrition scholars, parent effectiveness
service volunteers, child development workers, and family day care providers.
(c) ECCD Curriculum refers to the age-appropriate and developmentally appropriate
educational objectives, program of activities, organized learning experiences and
recommended learning materials for children that are implemented by service providers
through center and home-based programs. It shall consist of national program goals and
guidelines, instructional objectives, and content outlines integrating local learning
experiences and indigenous learning materials.
(d) Parent Education refers to the various formal and alternative means of providing parents
with information, skills, and support systems to assist them in their roles as their
children's primary caregivers and educators. These include public and private parent
~ 86 ~
education programs linked to center, home and media-based child care and education
programs.
Section 5. System Framework and Components. - The ECCD System shall include the following
components:
(a) ECCD Curriculum - which focuses on children's total development according to their
individual needs and socio-cultural background. It shall promote the delivery of
complementary and integrative services for health care, nutrition, early childhood
education, sanitation, and cultural activities. It shall use the child's first language as the
medium of instruction.
(b) Parent Education and Involvement, Advocacy, and Mobilization of Communities - which
harness and develop parents' strengths as providers of ECCD at home, active partners or
other stakeholders, advocates for community concerns that affect children, and pillars of
support for local and national ECCD programs through community organization efforts.
(c) Human Resource Development Program - which establishes mechanisms for the
systematic professionalization of ECCD service providers, through enrolment in
educational programs in site-based or distance educational modes, through pre-service
or in-service training including continuing education programs, whereby a registration
and credential system shall be developed in the ECCD System.
(d) ECCD Management - which focuses on a continuing process of planning,
implementation, supervision, financial management, monitoring, evaluation and
reporting. It shall encourage the active involvement and build the capabilities of service
providers, parents, and local government officials to sustain the program, and it shall be
guided by the principles of decentralization as stipulated in the Local Government Code
of 1991.
(e) Quality Standards and Accreditation - which ensures that each component in the ECCD
System complies with national quality standards, to be established by the National ECCD
Coordinating Council as provided for under Section 8 of this Act, linked to an
accreditation process.
Section 6. Establishment of ECCD System. - The National ECCD System shall be established in at
least three (3) regions each year, as may be determined by the National ECCD Coordinating
Council, to achieve national coverage over a five-year period.
Section 7. Implementing Arrangements and Operational Structures.  - The implementation of the
National ECCD System shall be the joint responsibility of the national government agencies,
local government units, nongovernment organizations, and private organizations that are
accredited to deliver the services or to provide training and technical assistance.
(a) Responsibilities of the National Government - National government agencies shall be
responsible for developing policies and programs, providing technical assistance and
support to the ECCD service providers in consultation with coordinating committees at the
provincial, city/municipal, and barangay levels, as provided for in Section 8 of this Act, and
monitoring of ECCD service benefits and outcomes. The Department of Social Welfare and
Development (DSWD), the Department of Education, Culture and Sports (DECS), the
Department of Health (DOH), the Department of the Interior and Local Government
(DILG), the Department of Labor and Employment (DOLE), the Department of Agriculture
(DA), the Department of Justice (DOJ), the National Economic and Development Authority
(NEDA), and the National Nutrition Council (NNC) shall jointIy prepare annual ECCD for
work plans that will coordinate their respective technical assistance and support for the
National ECCD Program. They shall consolidate existing program implementing guidelines
that ensure consistency in integrated service delivery within the National ECCD System.
(1) The DECS shall promote the National ECCD Progman in schools. ECCD programs
in public schools shall be under the joint responsibility of their respective school
principal/school-head and parents-teachers-community association (PTCA) within the
standards set forth in the National ECCD System and under the guidance of the City/
Municipal ECCD Coordinating Committee for the effective and equitable delivery of
~ 87 ~
ECCD services. It shall also make available existing facilities of public elementary
schools for ECCD classes.
(2) Public and private pre-schools shall be registered by the Provincial or City ECCD
Coordinating Committee upon the recommendation of the respective division office
of the DECS. NGO-initiated, community, church, home, and workplace-based service
providers shall be registered upon the recommendation of the provincial/city social
welfare and development office. These public and private ECCD service providers
shall operate within the standards set forth in the National ECCD System and under
the guidance of the City/Municipal ECCD Coordinating Committee for the effective
delivery of ECCD services.
(b) Responsibilities of Local Government Units - Local government units (LGUs) shall be
primarily responsible for:
(1) Implementing the National ECCD Program by providing basic public ECCD services;
(2) Supporting the organization of parent cooperatives to initiate the establishment of
ECCD programs;
(3) Ensuring that service providers of public ECCD programs under their supervision
shall be justly compensated, that adequate funds are made available, and their
working conditions are conducive to fulfill national quality standards; and
(4) Providing counterpart funds for the training and continuing education of ECCD
service providers, and supporting the operations of Provincial, City/Municipal and
Barangay ECCD Coordinating Committees.
(c) Responsibilities of Families and Communities - The families and communities shall support
the local ECCD programs by participating in various projects for the overall development of
their children.
Section 8. Creation of National Coordinating Council and Coordinating Committees for ECCD. -
To ensure the sustained inter-agency and multi-sectoral collaboration from the national,
provincial, city/municipal to barangay levels, a National Coordinating Council and provincial,
city/municipal and barangay coordinating committees shall be organized.
(a) National ECCD Coordinating Council - The Council for the Welfare of Children (CWC)
shall also function as the National ECCD Coordinating Council, hereinafter referred to as
the Council, and shall hereby be under the Office of the President.
(1) Composition - In addition to the existing members of the CWC, two (2) private
individuals, who are ECCD practitioners and experts shall be appointed by the
President, upon recommendation of the Council, for a term of two (2) years subject to
one (1) reappointment. The Council shall meet once a month or as often as necessary.
The Secretaries of the DSWD, DECS, DOH, and DILG shall act as co-chairpersons
of the Council and must be represented by a person with a rank not lower than an
Undersecretary.
(2) Council Secretariat - The CWC Secretariat shall also serve as the secretariat of the
Council. It shall be headed by an executive director, who shall be appointed by the
President, upon the recommendation of the Council. He/She shall have the rank,
privileges, and emoluments of a Career Executive Service Officer I. Nothing herein
shall prejudice any right vested prior to the enactment of this Act.
There shall be created two (2) permanent positions of Deputy Executive Directors
to be appointed by the Council, one of whom shall be exclusively concerned with
ECCD programs and activities and the other exclusively with the existing functions of
the CWC. The Deputy Executive Directors shall be assisted by senior technical staff
to be seconded from the DSWD, DECS, DOH, DILG, DOLE, DA, DOJ,  NEDA and
NNC for a period of at least two (2) years, subject to renewal, and shall be entitled to
whatever additional remuneration the law allows for such secondment.
(3) Functions of the National ECCD Coordinating Council. - The Council shall:
i. Promulgate policies and implementing guidelines for ECCD programs in
consultation with stakeholders at various levels, including the regional level when
~ 88 ~
appropriate, consistent with the national policy and program frameworks as
defined in this Act;
ii. Establish ECCD program standards that reflect developmentally appropriate and
culturally relevant practices for ECCD programs, which shall interface with the
primary school curriculum of the DECS;
iii. Develop a national system for the recruitment, registration, continuing education
and equivalency, and credential system of ECCD service providers, supervisors
and administrators to improve and profesionalize the ECCD sector and upgrade
quality standards of public and private ECCD programs;
iv. Develop and implement a system of awards and recognition to deserving ECCD
program implementors and service providers;
v. Coordinate the various ECCD programs of each line agency and monitor the
delivery of services to the ECCD program beneficiaries nationwide;
vi. Evaluate and assess the impact and outcome of various ECCD programs
nationwide through an effective information system;
vii. Develop and establish a national system for early identification, screening,
surveillance of early childhood disabilities, developmental problems, and
giftedness;
viii. Develop and implement various support mechanisms that maximize the
public and private resources for implementing ECCD programs, giving priority to
the needy and high risk children from poor communities;
ix. Provide counterpart funds to poor and disadvantaged communities for the
establishment and expansion of public ECCD programs, improvement of physical
facilities and for hiring of ECCD service providers;
x. Promote and encourage private sector initiative for the establishment of ECCD
programs; and
xi. Provide guidelines for ECCD Coordinating Committees at the provincial, city/
municipal and barangay levels for the conduct of solicitations and requests for
assistance from local and international civic organizations, private philanthropic
foundations to supplement available resources.
(b) Provincial ECCD Coordinating Committee. Composition, Function, Secretariat. - There
shall be created in every province a Provincial ECCD Coordinating Committee.
(1) Composition. - The Provincial ECCD Coordinating Committee shall be composed of
the Governor of the Province as Chairperson, Division Superintendent of DECS,
Provincial Planning and Development Officer, Provincial Budget Officer, Provincial
Health Officer, Provincial Director of DILG, Provincial Social Welfare and
Development Officer, Provincial Treasurer, President of the Provincial League of
Municipal Mayors, and two (2) representatives of nongovernment organizations
operating ECCD programs appointed by the Committee, for a two-year term, subject
to one (1) reappointment, as members;
(2) Functions - The Provincial ECCD Coordinating Committee shall be under the
Provincial Development Council and shall perform similar functions as the National
ECCD Coordinating Council as appropriate, including other functions that may be
provided in the Implementing Rules and Regulations of this Act. It shall coordinate
the delivery of services and support from the National ECCD Coordinating Council
and the national line agencies involved in ECCD programs. It shall also support and
complement the resources available to municipalities and barangays in the province
in the expansion and improvement of ECCD programs, as well as be responsible for
the registration of ECCD programs and service providers: and
(3) Secretariat - The Provincial ECCD Coordinating Committee shall organize a
secretariat which shall coordinate and monitor the effective implementation of ECCD
programs in the province. It shall be headed by the provincial ECCD Officer, who
shall be appointed by the Governor, upon the recommendation of the Provincial
~ 89 ~
ECCD Coordinating Committee. He/She skill have the rank, privileges and
emoluments of a Department head.
For the first three (3) years of the establishment of the ECCD system in the province,
the salary, allowances and other benefits of the Provincial ECCD Officer shall be paid for
by the Council. Thereafter, such sums as may be necessary for the salaries, allowances
and other benefits of the Provincial ECCD Officer shall be provided by the province.
(c) City/Municipal ECCD Coordinating Committee. Composition, Functions, Secretariat.
-There shall be created in every city and municipality a City/Municipal ECCD
Coordinating Committee.
(1) Composition - The City/Municipal ECCD Coordinating Committee shall be
composed of the City/Municipal Mayor as Chairperson, the Division Superintendent/
District Supervisor of DECS, City/Municipal Planning and Development Officer,
City/ Municipal Budget Officer, City/Municipal Health Officer, City/Municipal
Social Welfare and Development Officer, City/Municipal Local Government, Officer,
City/Municipal Treasurer, City/Municipal Nutrition Officer, President of the
Association of Barangay Captains in the City/Municipality, President of the Parent
Teachers-Community Federation in the City/Municipality, and two (2) representatives
of non-government organizations involved in ECCD programs in the
City/Municipality appointed by the Committee for a two-year term, subject to one (1)
reappointment, as members.
(2) Functions - The City/Municipal ECCD Coordinating Committee shall be under the
city/municipal development council and shall perform similar functions as the council
as appropriate, including other functions that may be provided in the Implementing
Rules and Regulations. It shall likewise support and complement the resources
available to barangays in the expansion and improvement of ECCD programs,
coordinate and monitor the delivery of services at the barangay level, ensure accurate
reporting and documentation of service delivery, as well as mobilize and encourage
private sector initiatives for the establishment of ECCD program implementors in tile
city/municipality that conforms to National ECCD System Standards.
(3) Secretariat. - The City/Municipal ECCD Coordinating Committee shall organize a
Secretariat which shall coordinate and monitor the effective implementation of ECCD
programs in the city/municipality. It shall be headed by the City/Municipal ECCD
Officer, who shall be appointed by the mayor, upon the recommendation of the
City/Municipal ECCD Coordinating Committee.
(d) Barangay ECCD Coordinating Committee - The Barangay Council for the Protection of
Children (BCPC), created under Presidential Decree 603, shall also function as the
Barangay ECCD Coordinating Committee. The BCPC shall be responsible for the proper
and effective implementation of public ECCD programs and maintenance of database
system at the barangay level. Pursuant to this, all barangays shall organize BCPCs in their
respective areas.
The BCPC shall be composed of, among others: the Barangay Captain, the school
head/s in the barangay, the Barangay health midwife, the Barangay health worker, the
Barangay nutrition scholar, the day care worker/s, parents, the SangguniangKabataan
Chairman, and a representative from child-focused non government
organizations/people's organizations, as members. The members of the BCPC shall elect
from among themselves the Chairperson.
Section 9. Financing ECCD Programs. - ECCD programs at the community level shall be financed
through a combination of public and private funds. All public ECCD program providers shall
prioritize young children from families who are in greatest need and who can least afford private
sector programs.
(a) Public support for ECCD programs. The government shall support public ECCD program
through cost-sharing arrangements that shall involve the LGUs, and counterpart funds
from the national government agencies for technical assistance and support. Additional
funds may be generated from intergovernmental donors and financial institutions by the
~ 90 ~
appropriate government agencies through the NEDA to support the public programs in
fourth, fifth and sixth class municipalities including the urban poor. Funds shall be
accessible to qualified LGUs through the Municipal Development Fund or other
financing mechanisms as prescribed by the Department of Finance (DOF) and based on
guidelines from the Department of Budget and Management (DBM). The Council may
establish a trust fund to assist LGUs in the expansion and upgrading of ECCD programs.
Primary health care programs, pre-natal and post-natal care, growth, monitoring and
promotion, and supplementary nutrition programs shall continue to be funded through the
LGUs with technical support and additional resources from the DOH.
The Day Care Program, Parent Effectiveness Service, Child-Minding Centers, Family
Day Care and Parent-Child Development Programs shall continue to be supported by the
LGUs in the form of construction of basic infrastructure, provision of facilities, materials
and equipment, and compensation for the service providers. The DSWD shall provide for
technical assistance.
The kindergarten program in public schools shall continue to be supported by the
DECS in cooperation with the PTCAs, where applicable, by providing teacher training,
supplementary learning materials and reference materials for ECCD programs.
The DSWD, DECS, DOH, and DILG shall support the implementation by LGUs of
the National ECCD Program and shall include in their respective annual general
appropriations beginning the fiscal year following the approval of this Act the necessary
funding to achieve the goal of national coverage within a five-year period and sustain the
Program from thereon. The work and financial plan of the DSWD, DECS, DOH, and
DILG shall be coordinated with the Council.
(b) Support for ECCD Programs. - Supported for ECCD programs can be solicited from local
and international civic organizations, private philanthropic foundations to supplement
available resources.
Workplace-based or related ECCD programs should be supported by corporations and
employers in the form of physical facilities and recurrent operating costs. The operating
cost incurred for employer or corporate-sponsored ECCD programs can be deducted from
taxable income: Provided, That the employer or corporation will not charge user fees.
(c) Costs to be Shouldered by Families. The Council shall monitor user fees and
contributions allowed for both public and private programs to ensure that these are
affordable and within reasonable limits.
User fees for public programs should be limited to monthly contributions intended to
subsidize recurrent costs. Parents are encouraged to contribute their time and services
especially in cases where they are unable to afford the regular contributions.
Section 10. Appropriations. - For the implementation of this Act, the amount of Four hundred million
pesos (P400,000,000.00) per year for five (5) years is hereby appropriated for the National
ECCD Program of the council effective upon approval of this Act. Said amount shall be funded
from the gross income of the Philippine Amusement and Gaming Corporation and shall be
directly remitted in four (4) quarterly installments to a special account of the Council. Thereafter,
such sums as may be necessary for the operations of the Council shall be included in the General
Appropriations Act.
A supplementary appropriations in the amount of Thirty million pesos (P30,000,000.00) shall
be provided to the Council from the President's Organizational Adjustment Fund upon approval
of this Act.
The above appropriations shall be separate and distinct from the annual budget of the CWC.
Expenses for ECCD programs and technical support packages provided by the DSWD,
DECS, DOH, DILG, DOLE, DA, DOJ, NEDA, and the NNC shall be specified as separate line
items in their respective annual budgets in the General Appropriations Act. Their annual ECCD
workplans shall be the basis for these budgets and shall be released directly to their regional or
provincial offices whenever applicable.
Section 11. Annual Report. - The Council shall, at the close of each calendar year, submit an annual
report to Congress, giving detailed account of its proceedings and accomplishments during the
~ 91 ~
year making recommendations for the adoption of measures that will improve the National
ECCD System.
Section 12. Separability Clause. - If any provision of this Act is declared unconstitutional, the same
shall not affect the validity and effectivity of the other provisions thereof.
Section 13. Repealing Clause. - Pertinent provisions of Presidential Decree No. 603 and Executive
Order No. 233, all laws, Decrees, executive orders, presidential proclamations, rules and
regulations or parts thereof contrary to or inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.
Section 14. Implementing Rules and Regulations. - The Council in consultation with all appropriate
government agencies and nongovernnent organizations shall formulate and issue the necessary
rules and regulations for the implementation of this Act within ninety (90) days after the
effectivity of this Act.
Section 15. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in at least two (2) newspapers of general circulation

Fifteenth Congress
SECOND REGULAR SESSION

[REPUBLIC ACT NO. 10157]

AN ACT INSTITUTIONALIZING THE KINDERGARTEN EDUCATION INTO


THE BASIC EDUCATION SYSTEM AND APPROPRIATING FUNDS
THEREFOR

SECTION 1. Short Title. – This Act shall be known as the “Kindergarten Education Act”.
SEC. 2. Declaration of Policy. – In consonance with the Millennium Development Goals on achieving
Education for All (EFA) by the year 2015, it is hereby declared the policy of the State to provide
equal opportunities for all children to avail of accessible mandatory and compulsory kindergarten
education that effectively promotes physical, social, intellectual, emotional and skills stimulation
and values formation to sufficiently prepare them for formal elementary schooling. This Act shall
apply to elementary school system being the first stage of compulsory and mandatory formal
education. Thus, kindergarten will now be an integral part of the basic education system of the
country.
Kindergarten education is vital to the academic and technical development of the Filipino
child for it is the period when the young mind’s absorptive capacity for learning is at its sharpest.
It is also the policy of the State to make education learner-oriented and responsive to the needs,
cognitive and cultural capacity, the circumstances and diversity of learners, schools and
communities through the appropriate languages of teaching and learning.
SEC. 3. Definition of Terms. – The terms used in this Act are defined as follows:
(a) DepEd shall refer to the Department of Education;
(b) BEE  shall refer to the Bureau of Elementary Education;
(c) Kindergarten education shall be understood in this Act to mean one (1) year of
preparatory education for children at least five (5) years old as a prerequisite for Grade I;
and
(d) Mother tongue  refers to the language first learned by a child.
SEC. 4. Institutionalization of Kindergarten Education. – Kindergarten education is hereby
institutionalized as part of basic education and for school year 2011-2012 shall be implemented
partially, and thereafter, it shall be made mandatory and compulsory for entrance to Grade 1.
SEC. 5. Medium of Instruction. – The State shall hereby adopt the mother tongue-based multilingual
education (MTB-MLE) method. The mother tongue of the learner shall be the primary medium
of instruction for teaching and learning in the kindergarten level. However, exceptions shall be
made to the following cases:
(a) When the pupils in the kindergarten classroom have different mother tongues or when
some of them speak another mother tongue;
~ 92 ~
(b) When the teacher does not speak the mother tongue of the learners;
(c) When resources, in line with the use of the mother tongue, are not yet available; and
(d) When teachers are not yet trained how to use the MTB-MLE program.
In such exceptional cases, the primary medium of instruction shall be determined by the
DepEd aligned with the framework being used in the elementary level including teacher training
and production of local resources and materials under DepEd Order No. 74, series of 2009.
The DepEd, in coordination with the Commission on Filipino Language and in close
collaboration with academic and research institutions concerned with education, shall formulate
a mother tongue-based multilingual framework for teaching and learning: Provided, That the
DepEd will include teaching strategies as defined in Section 7(c) which aims to introduce and
eventually strengthen the child’s understanding of English, which is the official language.
SEC. 6. Implementing Agency. – The authority to regulate the organization, operation and/or
implementation of the kindergarten education program of both public and private schools shall
be vested upon the DepEd, through the creation of a new Division under the BEE and other
necessary support to achieve successful implementation of kindergarten education to include, but
not limited to, increasing the number of kindergarten teacher positions with the required salaries
and benefits, enhancing teacher training in early education, and providing the necessary
allocations for classrooms and chairs, facilities and equipment, and textbooks.
SEC. 7. Duties, Powers and Functions. – The DepEd, through the BEE, shall exercise the following
powers and functions:
(a) Oversee and supervise the organization, operation and implementation of the
kindergarten education program;
(b) Develop the curriculum for kindergarten education consistent with the universally
accepted norms and standards, including values formation all of which shall be
developmentally appropriate, and use of the MTB-MLE as a medium of instruction and to
periodically review such for purposes of upgrading;
(c) Develop teaching strategies using the unique feature of the MTB-MLE which shall
include, but not limited to, the following:
(1) The two-track method (storytelling and reading, listening story, oral communication
activities);
(2) Interactive strategies;
(3) Use of manipulative games; and
(4) Experiential, small group discussions and total physical response (TPR) among
others.
The learning development materials shall consist of the following at the minimum:
i. Listening story;
ii. Small books;
iii. Big books;
iv. Experience story;
v. Primer lessons; and
vi. Lessons exemplars;
(a) Conceive, develop and extend a continuing professional development program for
kindergarten teachers to ensure constant updating of their knowledge in current
trends, pedagogy, methodologies and concepts on early childhood education;
(b) Prescribe the necessary qualifications for the hiring and accreditation of teachers
who will handle the kindergarten education program;
(c) Exercise authority over the operation of private kindergarten institutions;
(d) Supervise the establishment of various venues for early childhood education which
may be institution-based, home-based, hospital-based or community-based, and
which shall be duly accredited by the DepEd; and
(e) Introduce innovative programs in kindergarten that shall include educational
technologies, whenever applicable.
SEC. 8. Appropriations.  – The DepEd shall immediately include in the program of the Department the
operationalization of the free, mandatory and compulsory public kindergarten education, the
~ 93 ~
initial funding of which shall be charged against the current appropriations for kindergarten
education of the DepEd. Thereafter, such sums which shall be necessary for the continued
implementation of the free public kindergarten education program shall be charged to the
General Fund and included in the annual General Appropriations Act.
SEC. 9. Implementing Rules and Regulations. – Within ninety (90) days after the effectivity of this
Act, the DepEd, in consultation with the Department of Budget and Management, shall
promulgate the rules and regulations needed for the implementation of this Act.
SEC. 10. Separability Clause. – If any provision of this Act is held invalid or unconstitutional, the
same shall not affect the validity and effectivity of the other provisions hereof.
SEC. 11. Repealing Clause. – Pertinent provisions of all other laws, decrees, executive orders and rules
and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.
SEC. 12. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in two (2) newspapers of general circulation.

Approved,

(SGD.) JUAN PONCE ENRILE (SGD.) FELICIANO BELMONTE JR.


President of the Senate Speaker of the House of Representatives
This Act which originated in the House of Representatives was finally passed by the House of
Representatives and the Senate on November 23, 2011 and November 21, 2011, respectively.
(SGD.) EMMA LIRIO-REYES (SGD.) MARILYN B. BARUA-YAP
Secretary of the Senate Secretary General House of Representatives

Approved: JAN 20 2012


(SGD.) BENIGNO S. AQUINO III

(SGD.) BENIGNO S. AQUINO III


(SGD.)BENIGNO S. AQUINO III
President of the Philippines

------------------------------------------------------------------------------------------------------------------------------

UNESCO
(United Nations Educational, Scientific and Cultural Organization)

FOUR PILLARS OF EDUCATION


Education throughout life is based on four pillars: learning to know, learning to do, learning to live
together and learning to be.
1. Learning to know, by combining sufficiently broad genera! Knowledge with the opportunity to
work in depth on a small number of subjects. This also means learning to learn, so as to benefit
from the opportunities education provides throughout life.
2. Learning to do, in order to acquire not only an occupational skill but also, more broadly, the
competence to deal with many situations and work in teams. It also means learning to do in the
context of young peoples' various social and work experiences which may be informal, as a
result of the local or national context, or formal, involving courses, alternating study and work.
3. Learning to live together, by developing an understanding of other people and an appreciation
of interdependence - carrying out joint projects and learning to manage conflicts -in a spirit of
respect for the values of pluralism, mutual understanding and peace.
4. Learning to be, so as better to develop one's personality and be able to act with ever greater
autonomy, judgement and personal responsibility. In that connection, education must not
~ 94 ~
disregard any aspect of a person's potential: memory, reasoning, aesthetic sense, physical
capacities and communication skills.
Formal education systems tend to emphasize the acquisition of knowledge to the detriment of other
types of learning; but it is vital now to conceive education in a more encompassing fashion. Such a
vision should inform and guide future educational reforms and policy, in relation both to contents and to
methods.

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PHILIPPINE PROFESSIONAL STANDARDS FOR TEACHERS

INTRODUCTION
Role of teachers Teachers play a crucial role in nation building. Through quality teachers, the
Philippines can develop holistic learners who are steeped in values, equipped with 21st century skills,
and able to propel the country to development and progress. This is in consonance with the Department
of Education vision of producing: “Filipinos who passionately love their country and whose values and
competencies enable them to realize their full potential and contribute meaningfully to building the
nation” (DepED Order No. 36, s. 2013).
Evidences show unequivocally that good teachers are vital to raising student achievement, i.e.,
quality learning is contingent upon quality teaching. Hence, enhancing teacher quality becomes of
utmost importance for long-term and sustainable nation building.
The changes brought about by various national and global frameworks such as the K to 12 Reform and
the ASEAN integration, globalization, and the changing character of the 21st century learners
necessitate improvement and adaptability of education, and a call for the rethinking of the current
teacher standards.

Professional Standards for Teachers


The Philippine Government has consistently pursued teacher quality reforms through a number
of initiatives. As a framework of teacher quality, the National Competency-Based Teacher Standards
(NCBTS) was institutionalized through CHED Memorandum Order No. 52, s. 2007 and DepED Order
No. 32, s. 2009. It emerged as part of the implementation of the Basic Education Sector Reform Agenda
(BESRA), and was facilitated by drawing on the learning considerations of programs, such as the Basic
Education Assistance for Mindanao (BEAM), the Strengthening Implementation of Visayas Education
(STRIVE) project and the Third Elementary Education Project (TEEP).
The K to 12 Reform (R.A. 10533) in 2013 has changed the landscape of teacher quality
requirements in the Philippines. The reform process warrants an equivalent supportive focus on teacher
quality – high quality teachers who are properly equipped and prepared to assume the roles and
functions of a K to 12 teacher.
The Philippine Professional Standards for Teachers, which is built on NCBTS, complements the
reform initiatives on teacher quality from pre-service education to in-service training. It articulates what
constitutes teacher quality in the K to 12 Reform through well-defined domains, strands, and indicators
that provide measures of professional learning, competent practice, and effective engagement. This set
of standards makes explicit what teachers should know, be able to do and value to achieve competence,
improved student learning outcomes, and eventually quality education. It is founded on teaching
philosophies of learner-centeredness, lifelong learning, and inclusivity/inclusiveness, among others. The
professional standards, therefore, become a public statement of professional accountability that can help
teachers reflect on and assess their own practices as they aspire for personal growth and professional
development.

Teacher quality in the Philippines


The Philippine Professional Standards for Teachers defines teacher quality in the Philippines.
The standards describe the expectations of teachers’ increasing levels of knowledge, practice and
professional engagement. At the same time, the standards allow for teachers’ growing understanding,
~ 95 ~
applied with increasing sophistication across a broader and more complex range of teaching/learning
situations.
The following describes the breadth of 7 Domains that are required by teachers to be effective in
the 21st Century in the Philippines. Quality teachers in the Philippines need to possess the following
characteristics:
 Recognize the importance of mastery of content knowledge and its interconnectedness within
and across curriculum areas, coupled with a sound and critical understanding of the application
of theories and principles of teaching and learning. They apply developmentally appropriate and
meaningful pedagogy grounded on content knowledge and current research. They display
proficiency in Mother Tongue, Filipino and English to facilitate the teaching and learning
process, as well as exhibit the needed skills in the use of communication strategies, teaching
strategies and technologies to promote high-quality learning outcomes.
 Provide learning environments that are safe, secure, fair and supportive in order to promote
learner responsibility and achievement. They create an environment that is learning-focused and
they efficiently manage learner behavior in a physical and virtual space. They utilize a range of
resources and provide intellectually challenging and stimulating activities to encourage
constructive classroom interactions geared towards the attainment of high standards of learning.
 Establish learning environments that are responsive to learner diversity. They respect learners’
diverse characteristics and experiences as inputs to the planning and design of learning
opportunities. They encourage the celebration of diversity in the classroom and the need for
teaching practices that are differentiated to encourage all learners to be successful citizens in a
changing local and global environment.
 interact with the national and local curriculum requirements. They translate curriculum content
into learning activities that are relevant to learners and based on the principles of effective
teaching and learning. They apply their professional knowledge to plan and design, individually
or in collaboration with colleagues, well-structured and sequenced lessons that are contextually
relevant, responsive to learners’ needs and incorporate a range of teaching and learning
resources. They communicate learning goals to support learner participation, understanding and
achievement.
 apply a variety of assessment tools and strategies in monitoring, evaluating, documenting and
reporting learners’ needs, progress and achievement. They use assessment data in a variety of
ways to inform and enhance the teaching and learning process and programs. They provide
learners with the necessary feedback about learning outcomes that informs the reporting cycle
and enables teachers to select, organize and use sound assessment processes.
 establish school-community partnerships aimed at enriching the learning environment, as well as
the community’s engagement in the educative process. They identify and respond to
opportunities that link teaching and learning in the classroom to the experiences, interests and
aspirations of the wider school community and other key stakeholders. They understand and
fulfill their obligations in upholding professional ethics, accountability and transparency to
promote professional and harmonious relationships with learners, parents, schools and the wider
community.
 value personal growth and professional development and exhibit high personal regard for the
profession by maintaining qualities that uphold the dignity of teaching such as caring attitude,
respect and integrity. They value personal and professional reflection and learning to improve
their practice. They assume responsibility for personal growth and professional development for
lifelong learning.
 The 7 Domains collectively comprise 37 strands that refer to more specific dimensions of teacher
practices.

Domain 1, Content Knowledge and Pedagogy, is composed of seven strands:


1. Content knowledge and its application within and across curriculum areas.
2. Research-based knowledge and principles of teaching and learning
3. Positive use of ICT 4. Strategies for promoting literacy and numeracy
~ 96 ~
4. Strategies for developing critical and creative thinking, as well as other higher-order thinking
skills
5. Mother Tongue, Filipino and English in teaching and learning
6. Classroom communication strategies.
Domain 2, Learning Environment, consists of six strands:
1. Learner safety and security
2. Fair learning environment
3. Management of classroom structure and activities
4. Support for learner participation
5. Promotion of purposive learning
6. Management of learner behavior
Domain 3, Diversity of Learners, consists of five strands:
1. Learners’ gender, needs, strengths, interests and experiences
2. Learners’ linguistic, cultural, socio-economic and religious backgrounds
3. Learners with disabilities, giftedness and talents
4. Learners in difficult circumstances
5. Learners from indigenous groups
Domain 4, Curriculum and Planning, includes five strands:
1. Planning and management of teaching and learning process
2. Learning outcomes aligned with learning competencies
3. Relevance and responsiveness of learning programs
4. Professional collaboration to enrich teaching practice
5. Teaching and learning resources including ICT
Domain 5, Assessment and Reporting, is composed of five strands:
1. Design, selection, organization and utilization of assessment strategies
2. Monitoring and evaluation of learner progress and achievement
3. Feedback to improve learning
4. Communication of learner needs, progress and achievement to key stakeholders
5. Use of assessment data to enhance teaching and learning practices and programs
Domain 6, Community Linkages and Professional Engagement, consists of four strands:
1. Establishment of learning environments that are responsive to community contexts
2. Engagement of parents and the wider school community in the educative process
3. Professional ethics
4. School policies and procedures
Domain 7, Personal Growth and Professional Development, contains five strands:
1. Philosophy of teaching
2. Dignity of teaching as a profession
3. Professional links with colleagues
4. Professional reflection and learning to improve practice
5. Professional development goals
6.
Career stages
Teacher professional development happens in a continuum from beginning to exemplary
practice. Anchored on the principle of lifelong learning, the set of professional standards for teachers
recognizes the significance of a standards framework that articulates developmental progression as
teachers develop, refine their practice and respond to the complexities of educational reforms.
The following statements, which define the work of teachers at different career stages, make
explicit the elements of high-quality teaching for the 21st century. They comprise descriptors that have
been informed by teachers’ understandings of what is required at each of the four Career Stages. The
descriptors represent a continuum of development within the profession by providing a basis for
attracting, preparing, developing and supporting teachers.
Career Stage 1 or Beginning Teachers have gained the qualifications recognized for entry into the
teaching profession. They have a strong understanding of the subjects/areas in which they are
trained in terms of content knowledge and pedagogy. They possess the requisite knowledge,
~ 97 ~
skills and values that support the teaching and learning process. They manage learning programs
and have strategies that promote learning based on the learning needs of their students. They
seek advice from experienced colleagues to consolidate their teaching practice.
Career Stage 2 or Proficient Teachers are professionally independent in the application of skills vital
to the teaching and learning process. They provide focused teaching programs that meet
curriculum and assessment requirements. They display skills in planning, implementing, and
managing learning Philippine Professional Standards for Teachers 8 programs. They actively
engage in collaborative learning with the professional community and other stakeholders for
mutual growth and advancement. They are reflective practitioners who continually consolidate
the knowledge, skills and practices of Career Stage 1 teachers.
Career Stage 3 or Highly Proficient Teachers consistently display a high level of performance in their
teaching practice. They manifest an in-depth and sophisticated understanding of the teaching and
learning process. They have high education-focused situation cognition, are more adept in
problem solving and optimize opportunities gained from experience. Career Stage 3 Teachers
work collaboratively with colleagues and provide them support and mentoring to enhance their
learning and practice. They continually seek to develop their professional knowledge and
practice by reflecting on their own needs, and those of their colleagues and students.
Career Stage 4 or Distinguished Teachers embody the highest standard for teaching grounded in
global best practices. They exhibit exceptional capacity to improve their own teaching practice
and that of others. They are recognized as leaders in education, contributors to the profession and
initiators of collaborations and partnerships. They create lifelong impact in the lives of
colleagues, students and others. They consistently seek professional advancement and relevance
in pursuit of teaching quality and excellence. They exhibit commitment to inspire the education
community and stakeholders for the improvement of education provision in the Philippines.

CARRER STAGES
Career Stage 1 Career Stage 2 Career Stage 3 Career Stage 4
Beginning Teachers Proficient Teachers Highly Proficient Distinguished Teachers
Teachers Distinguished Teachers
Beginning Teachers Proficient Teachers are Highly Proficient embody the highest
have gained the professionally Teachers consistently standard for teaching
qualifications independent in the display a high level of grounded in global best
recognized for entry application of skills performance in their practices. They exhibit
into the teaching vital to the teaching and teaching practice. exceptional capacity to
profession. They have a learning process. They They manifest an in- improve their own
strong understanding of provide focused depth and teaching practice and that
the subjects/areas in teaching programs that sophisticated of others. They are
which they are trained meet curriculum and understanding of the recognized as leaders in
in terms of content assessment teaching and learning education, contributors
knowledge and requirements. They process. They have to the profession and
pedagogy. They possess display skills in high education- initiators of
the requisite planning, implementing focused situation collaborations and
knowledge, skills and and managing learning cognition, are more partnerships. They create
values that support the programs. They adept in problem lifelong impact in the
teaching and learning actively engage in solving and optimize lives of colleagues,
process. They manage collaborative learning opportunities gained students and others. They
learning programs and with the professional from experience. They consistently seek
have strategies that community and other provide support and professional
promote learning based stakeholders for mutual mentoring to advancement and
on the learning needs of growth and colleagues in their relevance in pursuit of
their students. They advancement. They are professional teaching quality and
seek advice from reflective practitioners development, as well excellence. They exhibit
experienced colleagues who continually as work commitment to inspire
to consolidate their consolidate the collaboratively with the education community
~ 98 ~
teaching practice. knowledge, skills and them to enhance the and stakeholders for the
practices of Career learning and practice improvement of
Stage 1 teachers. potential of their education provision in
colleagues. They the Philippines.
continually seek to
develop their
professional
knowledge and
practice by reflecting
on their own needs,
and those of their
colleagues and
students.

DOMAINS/ STRANDS/ INDICATORS FOR DIFFERENT CAREER STAGES


Domain 1. Content Knowledge and Pedagogy. Domain 1 recognizes the importance of teachers’
mastery of content knowledge and its interconnectedness within and across curriculum areas, coupled
with a sound and critical understanding of the application of theories and principles of teaching and
learning. This Domain encompasses teachers’ ability to apply developmentally appropriate and
meaningful pedagogy grounded on content knowledge and current research. It takes into account
teachers’ proficiency in Mother Tongue, Filipino and English in the teaching and learning process, as
well as needed skills in the use of communication strategies, teaching strategies, and technologies to
promote high quality learning outcomes.
Beginning Teachers Proficient Teachers Highly Proficient Distingui-
Strands Teachers shed
Teachers
Strand 1.1 1.1.1 1.1.2 1.1.3 1.1.4
Content Demonstrate content Apply knowledge of Model effective Model
knowledge and its knowledge and its content within and applications of exemplary
application within application within across curriculum content knowledge practice to
and across and/or across teaching areas. within and across improve the
curriculum areas curriculum teaching curriculum applications
areas. teaching areas. of content
knowledge
within and
across
curriculum
teaching
areas.
Strand 1.2 1.2.1 1.2.2 1.2.3 1.2.4
Research-based Demonstrate an Use research-based Collaborate with Lead
knowledge and understanding of knowledge and colleagues in the colleagues
principles of research-based principles of teaching conduct and in the
teaching and knowledge and and learning to application of advancemen
learning principles of enhance professional research to enrich t of the art
teaching and practice. knowledge of and science
learning content and of teaching
pedagogy. based on
their
comprehensi
ve
knowledge
of research
and
~ 99 ~
pedagogy.
Strand 1.3 1.3.1 1.3.2 1.3.3 1.3.4 Mentor
Positive use of Show skills in the Ensure the positive Promote effective colleagues
ICT positive use of ICT use of ICT to strategies in the in the
to facilitate the facilitate the teaching positive use of ICT implementat
teaching and and learning process. to facilitate the ion of
learning process. teaching and policies to
learning process. ensure the
positive use
of ICT
within or
beyond the
school.
Strand 1.4 1.4.1 1.4.2 1.4.3 1.4.4
Strategies for Demonstrate Use a range of Evaluate with Model a
promoting literacy knowledge of teaching strategies colleagues the comprehensi
and numeracy teaching strategies that enhance learner effectiveness of ve selection
that promote literacy achievement in teaching strategies of effective
and numeracy skills. literacy and numeracy that promote teaching
skills. learner strategies
achievement in that promote
literacy and learner
numeracy. achievement
in literacy
and
numeracy.
Strand 1.5 1.5.1 1.5.2 1.5.3 1.5.4
Strategies for Apply teaching Apply a range of Develop and apply Lead
developing critical strategies that teaching strategies to effective teaching colleagues
and creative develop critical and develop critical and strategies to in
thinking, as well creative thinking, creative thinking, as promote critical reviewing,
as other higher- and/or other higher- well as other higher- and creative modifying
order thinking order thinking skills. order thinking skills. thinking, as well as and
skills other higher-order expanding
thinking skills. their range
of teaching
strategies
that promote
critical and
creative
thinking, as
well as other
higher-order
thinking
skills.
Strand 1.6 1.6.1 1.6.2 1.6.3 1.6.4
Mother Tongue, Use Mother Tongue, Display proficient use Model and support Show
Filipino and Filipino and English of Mother Tongue, colleagues in the exemplary
English in to facilitate teaching Filipino and English proficient use of skills in and
teaching and and learning to facilitate teaching Mother Tongue, advocate the
learning and learning. Filipino and use of
English to improve Mother
teaching and Tongue,
learning, as well as Filipino and
~ 100 ~
to develop the English in
learners’ pride of teaching and
their language, learning to
heritage and facilitate the
culture. learners’
language,
cognitive
and
academic
development
and to foster
pride of their
language,
heritage and
culture.
Strand 1.7 1.7.1 1.7.2 1.7.3 1.7.4 Exhibit
Demonstrate an Use effective verbal Display a wide exemplary
Classroom understanding of the and non-verbal range of effective practice in
communication range of verbal and classroom verbal and non- the use of
strategies non-verbal communication verbal classroom effective
classroom strategies to support communication verbal and
communication learner strategies to non-verbal
strategies that understanding, support learner classroom
support learner participation, understanding, communicati
understanding, engagement and participation, on strategies
participation, achievement. engagement and to support
engagement and achievement. learner
achievement. understandin
g,
participation
,
engagement
and
achievement
in different
learning
contexts.
Domain 2. Learning Environment.Domain 2 highlights the role of teachers to provide learning
environments that are safe, secure, fair and supportive in order to promote learner responsibility and
achievement. This Domain centers on creating an environment that is learning-focused and in which
teachers efficiently manage learner behavior in a physical and virtual space. It highlights the need for
teachers to utilize a range of resources and provide intellectually challenging and stimulating activities
to encourage constructive classroom interactions geared towards the attainment of high standards of
learning.
Strands Beginning Teachers Proficient Highly Proficient Distinguished
Teachers Teachers Teachers
Strand 2.1 2.1.1 Demonstrate 2.1.2 2.1.3 2.1.4
Learner safety and knowledge of Establish safe and Exhibit effective Apply
security policies, guidelines secure learning strategies that comprehensive
and procedures that environments to ensure safe and knowledge of
provide safe and enhance learning secure learning and act as a
secure learning through the environments to resource person
environments. consistent enhance learning for, policies,
implementation of through the guidelines and
~ 101 ~
policies, consistent procedures that
guidelines and implementation of relate to the
procedures. policies, implementation
guidelines and of safe and
procedures. secure learning
environments for
learners.
Strand 2.2 2.2.1 Demonstrate 2.2.2 2.2.3 2.2.4
understanding of Maintain learning Exhibit effective Advocate and
Fair learning learning environments that practices to foster facilitate the use
environment environments that promote fairness, learning of effective
promote fairness, respect and care to environments that practices to
respect and care to encourage promote fairness, foster learning
encourage learning. learning. respect and care environments
to encourage that promote
learning. fairness, respect
and care to
encourage
learning.
Strand 2.3 2.3.1 Demonstrate 2.3.2 2.3.3 2.3.4
Management of knowledge of Manage classroom Work with Model
classroom managing classroom structure to engage colleagues to exemplary
structure and structure that learners, model and share practices in the
activities engages learners, individually or in effective management of
individually or in groups, in techniques in the classroom
groups, in meaningful management of structure and
meaningful exploration, classroom activities, and
exploration, discovery and structure to lead colleagues
discovery and hands- hands-on activities engage learners, at the whole-
on activities within within a range of individually or in school level to
the available physical learning groups, in review and
physical learning environments. meaningful evaluate their
environments. exploration, practices.
discovery and
hands-on
activities within a
range of physical
learning
environments.
Strand 2.4 2.4.1 Demonstrate 2.4.2 2.4.3 2.4.4
Support for understanding of Maintain Work with Facilitate
learner supportive learning supportive colleagues to processes to
participation environments that learning share successful review the
nurture and inspire environments that strategies that effectiveness of
learner participation. nurture and inspire sustain supportive the school’s
learners to learning learning
participate, environments that environment to
cooperate and nurture and nurture and
collaborate in inspire learners to inspire learner
continued participate, participation.
learning. cooperate and
collaborate in
continued
learning.
~ 102 ~
Strand 2.5 2.5.1 Demonstrate 2.5.2 2.5.3 2.5.4
Promotion of knowledge of Apply a range of Model successful Lead and
purposive learning learning successful strategies and empower
environments that strategies that support colleagues colleagues in
motivate learners to maintain learning in promoting promoting
work productively environments that learning learning
by assuming motivate learners environments that environments
responsibility for to work effectively that effectively
their own learning. productively by motivate learners motivate learners
assuming to work to achieve
responsibility for productively by quality outcomes
their own assuming by assuming
learning. responsibility for responsibility for
their own learning. their own
learning.
Strand 2.6 2.6.1 Demonstrate 2.6.2 2.6.3 2.6.4
Management of knowledge of Manage learner Exhibit effective Provide
learner behavior positive and non- behavior and constructive leadership in
violent discipline in constructively by behavior applying a wide
the management of applying positive management skills range of
learner behavior. and non-violent by applying strategies in the
discipline to positive and non- implementation
ensure learning violent discipline of positive and
focused to ensure non-violent
environments. learningfocused discipline
environments. policies/procedur
es to ensure
learning-focused
environments.
Domain 3. Diversity of Learners. Domain 3 emphasizes the central role of teachers in establishing
learning environments that are responsive to learner diversity. This Domain underscores the importance
of teachers’ knowledge and understanding of, as well as respect for, learners’ diverse characteristics and
experiences as inputs to the planning and design of learning opportunities. It encourages the celebration
of diversity in the classrooms and the need for teaching practices that are differentiated to encourage all
learners to be successful citizens in a changing local and global environment.
Strands Beginning Teachers Proficient Highly Proficient Distinguished
Teachers Teachers Teachers
Strand 3.1 3.1.1 Demonstrate 3.1.2 3.1.3 3.1.4
Learners’ gender, knowledge and Use differentiated, Work with Lead colleagues
needs, strengths, understanding of developmentally colleagues to to evaluate
interests and differentiated appropriate share differentiated
experiences teaching to suit the learning differentiated, strategies to
learners’ gender, experiences to developmentally enrich teaching
needs, strengths, address learners’ appropriate practices that
interests and gender, needs, opportunities to address learners’
experiences. strengths, interests address learners’ differences in
and experiences. differences in gender, needs,
gender, needs, strengths,
strengths, interests interests and
and experiences. experiences.
Strand 3.2 3.2.1 3.2.2 3.2.3 3.2.4
Learners’ Implement teaching Establish a Exhibit a learner- Model
linguistic, strategies that are learner-centered centered culture exemplary
cultural, socio- responsive to the culture by using that promotes teaching
~ 103 ~
economic and learners’ linguistic, teaching strategies success by using practices that
religious cultural, socio- that respond to effective teaching
recognize and
backgrounds economic and their linguistic, strategies that affirm diverse
religious cultural, socio- respond to their linguistic,
backgrounds. economic and linguistic, cultural,
cultural,
religious socioeconomic socioeconomic
backgrounds. and religious and religious
backgrounds. backgrounds to
promote learner
success.
Strand 3.3 3.3.1 Use strategies 3.3.2 Design, 3.3.3 Assist 3.3.4 Lead
Learners with responsive to adapt and colleagues to colleagues in
disabilities, learners with implement design, adapt and designing,
giftedness and disabilities, teaching strategies implement adapting and
talents giftedness and that are responsive teaching strategies implementing
talents. to learners with that are responsive teaching
disabilities, to learners with strategies that are
giftedness and disabilities, responsive to
talents. giftedness and learners with
talents. disabilities,
giftedness and
talents.
Strand 3.4 3.4.1 Demonstrate 3.4.2 3.4.3 3.4.4
Learners in understanding of the Plan and deliver Evaluate with Model a range of
difficult special educational teaching strategies colleagues high level skills
circumstances needs of learners in that are responsive teaching strategies responsive to the
difficult to the special that are responsive special
circumstances, educational needs to the special educational
including: of learners in educational needs needs of learners
geographic isolation; difficult of learners in in difficult
chronic illness; circumstances, difficult circumstances,
displacement due to including: circumstances, including:
armed conflict, geographic including: geographic
urban resettlement or isolation; chronic geographic isolation; chronic
disasters; child abuse illness; isolation; chronic illness;
and child labor displacement due illness; displacement due
practices. to armed conflict, displacement due to armed
urban resettlement to armed conflict, conflict, urban
or disasters; child urban resettlement resettlement or
abuse and child or disasters; child disasters; child
labor practices. abuse and child abuse and child
labor practices. labor practices.
Strand 3.5 3.5.1 Demonstrate 3.5.2 3.5.3 3.5.4
Learners from knowledge of Adapt and use Develop and apply Show
indigenous groups teaching strategies culturally teaching strategies comprehensive
that are inclusive of appropriate to address skills in
learners from teaching strategies effectively the delivering
indigenous groups. to address the needs of learners culturally
needs of learners from indigenous appropriate
from indigenous groups. teaching
groups. strategies to
address
effectively the
needs of learners
~ 104 ~
from indigenous
groups.
Domain 4. Curriculum and Planning. Domain 4 addresses teachers’ knowledge of and interaction with
the national and local curriculum requirements. This Domain encompasses their ability to translate
curriculum content into learning activities that are relevant to learners and based on the principles of
effective teaching and learning. It expects teachers to apply their professional knowledge to plan and
design, individually or in collaboration with colleagues, well-structured and sequenced lessons. These
lesson sequences and associated learning programs should be contextually relevant, responsive to
learners’ needs and incorporate a range of teaching and learning resources. The Domain expects
teachers to communicate learning goals to support learner participation, understanding and
achievement.
Strands Beginning Teachers Proficient Highly Proficient Distinguished
Teachers Teachers Teachers
Strand 4.1 4.1.1 Prepare 4.1.2 4.1.3 4.1.4
Planning and developmentally Plan, manage and Develop and Model
management of sequenced teaching implement apply effective exemplary
teaching and and learning process developmentally strategies in the practice and lead
learning process to meet curriculum sequenced planning and colleagues in
requirements. teaching and management of enhancing
learning process developmentally current practices
to meet sequenced in the planning
curriculum teaching and and management
requirements and learning process to of
varied teaching meet curriculum developmentally
contexts. requirements and sequenced
varied teaching teaching and
contexts. learning process.
Strand 4.2 4.2.1 4.2.2 4.2.3 4.2.4
Learning Identify learning Set achievable Model to Exhibit high-
outcomes aligned outcomes that are and appropriate colleagues the level skills and
with learning aligned with learning learning outcomes setting of lead in setting
competencies competencies. that are aligned achievable and achievable and
with learning challenging challenging
competencies. learning outcomes learning
that are aligned outcomes that are
with learning aligned with
competencies to learning
cultivate a culture competencies
of excellence for towards the
all learners. cultivation of a
culture of
excellence for
all.
Strand 4.3 4.3.1 Demonstrate 4.3.2 4.3.3 4.3.4
Relevance and knowledge in the Adapt and Work Provide advice in
responsiveness of implementation of implement collaboratively the design and
learning programs relevant and learning programs with colleagues to implementation
responsive learning that ensure evaluate the of relevant and
programs. relevance and design of learning responsive
responsiveness to programs that learning
the needs of all develop the programs that
learners. knowledge and develop the
skills of learners at knowledge and
different ability skills of learners
~ 105 ~
levels. at different
ability levels.
Strand 4.4 4.4.1 4.4.2 4.4.3 4.4.4
Professional Seek advice Participate in Review with Lead colleagues
collaboration to concerning strategies collegial colleagues, in professional
enrich teaching that can enrich discussions that teacher and discussions to
practice teaching practice. use teacher and learner feedback plan and
learner feedback to plan, facilitate, implement
to enrich teaching and enrich strategies that
practice. teaching practice. enrich teaching
practice.
Strand 4.5 4.5.1 4.5.2 4.5.3 4.5.4
Teaching and Show skills in the Select, develop, Advise and guide Model
learning resources selection, organize and use colleagues in the exemplary skills
including ICT development and use appropriate selection, and lead
of a variety of teaching and organization, colleagues in the
teaching and learning development and development and
learning resources, resources, use of appropriate evaluation of
including ICT, to including ICT, to teaching and teaching and
address learning address learning learning resources, learning
goals. goals. including ICT, to resources,
address specific including ICT,
learning goals. for use within
and beyond the
school.
Domain 5.Assessment and Reporting. Domain 5 relates to processes associated with a variety of
assessment tools and strategies used by teachers in monitoring, evaluating, documenting and reporting
learners’ needs, progress and achievement. This Domain concerns the use of assessment data in a
variety of ways to inform and enhance the teaching and learning process and programs. It concerns
teachers providing learners with the necessary feedback about learning outcomes. This feedback
informs the reporting cycle and enables teachers to select, organize and use sound assessment processes.
Strands Beginning Teachers Proficient Highly Proficient Distinguished
Teachers Teachers Teachers
Strand 5.1 5.1.1 Demonstrate 5.1.2 5.1.3 5.1.4
Design, selection, knowledge of the Design, select, Work Lead initiatives
organization and design, selection, organize and use collaboratively in the evaluation
utilization of organization and use diagnostic, with colleagues to of assessment
assessment of diagnostic, formative and review the design, policies and
strategies formative and summative selection, guidelines that
summative assessment organization and relate to the
assessment strategies strategies use of a range of design, selection,
consistent with consistent with effective organization and
curriculum curriculum diagnostic, use of effective
requirements. requirements. formative and diagnostic,
summative formative and
assessment summative
strategies assessment
consistent with strategies
curriculum consistent with
requirements. curriculum
requirements.
Strand 5.2 5.2.1 Demonstrate 5.2.2 5.2.3 5.2.4
Monitoring and knowledge of Monitor and Interpret Provide advice
evaluation of monitoring and evaluate learner collaboratively on, and mentor
~ 106 ~
learner progress evaluation of learner progress and monitoring and colleagues in the
and achievement progress and achievement using evaluation effective analysis
achievement using learner attainment strategies of and use of
learner attainment data. attainment data to learner
data. support learner attainment data.
progress and
achievement.
Strand 5.3 5.3.1 Demonstrate 5.3.2 5.3.3 5.3.4
Feedback to knowledge of Use strategies for Use effective Exhibit
improve learning providing timely, providing timely, strategies for exemplary skills
accurate and accurate and providing timely, and lead
constructive constructive accurate and initiatives to
feedback to improve feedback to constructive support
learner performance. improve learner feedback to colleagues in
performance. encourage learners applying
to reflect on and strategies that
improve their own effectively
learning. provide timely,
accurate and
constructive
feedback to
learners to
improve learning
achievement.
Strand 5.4 5.4.1 Demonstrate 5.4.2 5.4.3 Apply skills 5.4.4 Share with
Communication familiarity with a Communicate in the effective colleagues a
of learner needs, range of strategies promptly and communication of wide range of
progress and for communicating clearly the learner needs, strategies that
achievement to learner needs, learners’ needs, progress and ensure effective
key stakeholders progress and progress and achievement to communication
achievement. achievement to key stakeholders, of learner needs,
key stakeholders, including progress and
including parents/guardians. achievement to
parents/guardians. key stakeholders,
including
parents/guardians
.
Strand 5.5 5.5.1 Demonstrate 5.5.2 Utilize 5.5.3 Work 5.5.4 Lead
Use of assessment an understanding of assessment data to collaboratively colleagues to
data to enhance the role of inform the with colleagues to explore, design
teaching and assessment data as modification of analyze and utilize and implement
learning practices feedback in teaching teaching and assessment data to effective
and programs and learning learning practices modify practices practices and
practices and and programs. and programs to programs using
programs. further support information
learner progress derived from
and achievement. assessment data.
Domain 6. Community Linkages and Professional Engagement. Domain 6 affirms the role of
teachers in establishing school-community partnerships aimed at enriching the learning environment, as
well as the community’s engagement in the educative process. This Domain expects teachers to identify
and respond to opportunities that link teaching and learning in the classroom to the experiences,
interests and aspirations of the wider school community and other key stakeholders. It concerns the
importance of teachers’ understanding and fulfilling their obligations in upholding professional ethics,
accountability and transparency to promote professional and harmonious relationships with learners,
~ 107 ~
parents, schools and the wider community.
Strands Beginning Teachers Proficient Highly Proficient
Distinguished
Teachers Teachers Teachers
Strand 6.1 6.1.1 Demonstrate 6.1.2 6.1.3 6.1.4
Establishment of an understanding of Maintain learning Reflect on and Model
learning knowledge of environments that evaluate learning
exemplary
environments that learning are responsive to environments that
practice and
are responsive to environments that community are responsive to
empower
community are responsive to contexts. community colleagues to
contexts community contexts. contexts. establish and
maintain
effective learning
environments
that are
responsive to
community
contexts.
Strand 6.2 6.2.1 6.2.2 6.2.3 6.2.4
Engagement of Seek advice Build Guide colleagues Lead in
parents and the concerning strategies relationships with to strengthen consolidating
wider school that build parents/guardians relationships with networks that
community in the relationships with and the wider parents/guardians strengthen
educative process parents/guardians school community and the wider relationships
and the wider to facilitate school community with
community. involvement in the to maximize their parents/guardians
educative process. involvement in the and the wider
educative process. school
community to
maximize their
involvement in
the educative
process.
Strand 6.3 6.3.1 Demonstrate 6.3.2 6.3.3 6.3.4
Professional awareness of Review regularly Discuss with Lead colleagues
ethics existing laws and personal teaching colleagues in the regular
regulations that practice using teaching and review of
apply to the teaching existing laws and learning practices existing codes,
profession, and regulations that that apply existing laws and
become familiar apply to the codes, laws and regulations that
with the teaching regulations that apply to the
responsibilities profession and the apply to the teaching
specified in the Code responsibilities teaching profession, and
of Ethics for specified in the profession, and the the
Professional Code of Ethics for responsibilities responsibilities
Teachers. Professional specified in the as specified in
Teachers. Code of Ethics for the Code of
Professional Ethics for
Teachers. Professional
Teachers.
Strand 6.4 School 6.4.1 Demonstrate 6.4.2 6.4.3 6.4.4
policies and knowledge and Comply with and Exhibit Evaluate existing
procedures understanding of implement school commitment to school policies
school policies and policies and and support and procedures
procedures to foster procedures teachers in the to make them
~ 108 ~
harmonious consistently to implementation of more responsive
relationship with the foster harmonious school policies to the needs of
wider school relationships with and procedures to the learners,
community. learners, parents, foster harmonious parents and other
and other relationships with stakeholders.
stakeholders. learners, parents
and other
stakeholders.
Domain 7. Personal Growth and Professional Development. Domain 7 focuses on teachers’ personal
growth and professional development. It accentuates teachers’ proper and high personal regard for the
profession by maintaining qualities that uphold the dignity of teaching such as caring attitude, respect
and integrity. This Domain values personal and professional reflection and learning to improve practice.
It recognizes the importance of teachers’ assuming responsibility for personal growth and professional
development for lifelong learning.
Strands Beginning Teachers Proficient Highly Proficient Distinguished
Teachers Teachers Teachers
Strand 7.1 7.1.1 7.1.2 7.1.3 7.1.4
Philosophy of Articulate a personal Apply a personal Manifest a Model a learner-
teaching philosophy of philosophy of learnercentered centered teaching
teaching that is teaching that is teaching philosophy
learner-centered. learner-centered. philosophy in through teaching
various aspects of practices that
practice and stimulate
support colleagues colleagues to
in enhancing their engage in further
own learner- professional
centered teaching learning.
philosophy.
Strand 7.2 7.2.1 Demonstrate 7.2.2 Adopt 7.2.3 Identify and 7.2.4 Act as a
Dignity of behaviors that practices that utilize personal role model and
teaching as a uphold the dignity of uphold the dignity professional advocate for
profession teaching as a of teaching as a strengths to upholding the
profession by profession by uphold the dignity dignity of
exhibiting qualities exhibiting of teaching as a teaching as a
such as caring qualities such as profession to help profession to
attitude, respect and caring attitude, build a positive build a positive
integrity. respect and teaching and teaching and
integrity. learning culture learning culture
within the school. within and
beyond the
school.
Strand 7.3 7.3.1 7.3.2 7.3.3 7.3.4
Professional links Seek opportunities to Participate in Contribute Take a
with colleagues establish professional actively to leadership role in
professional links networks to share professional supporting
with colleagues. knowledge and to networks within colleagues’
enhance practice. and between engagement with
schools to professional
improve networks within
knowledge and to and across
enhance practice. schools to
advance
knowledge and
practice in
~ 109 ~
identified areas
of need.
Strand 7.4 7.4.1 Demonstrate 7.4.2 7.4.3 7.4.4.
Professional an understanding of Develop a Initiate Demonstrate
reflection and how professional personal professional leadership within
learning to reflection and professional reflections and and across school
improve practice learning can be used improvement plan promote learning contexts in
to improve practice. based on opportunities with critically
reflection of one’s colleagues to evaluating
practice and improve practice. practice and
ongoing setting clearly
professional defined targets
learning. for professional
development.
Strand 7.5 7.5.1 Demonstrate 7.5.2 7.5.3 7.5.4
Professional motivation to realize Set professional Reflect on the Lead reforms in
development professional development Philippine enhancing
goals development goals goals based on the Professional professional
based on the Philippine Standards for development
Philippine Professional Teachers to plan programs based
Professional Standards for personal on an in-depth
Standards for Teachers. professional knowledge and
Teachers. development goals understanding of
and assist the Philippine
colleagues in Professional
planning and Standards for
achieving their Teachers.
own goals.
~ 110 ~

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