 What is new?

Constitutional provisions
 BP 232
 IRR BP 232
 RA 7798
 RA 7722
 RA 7722 IRR
 RA 7796, The TESDA Act of 1994
 RA 7796 IRR
 RA 9155, Governance of Basic Education Act 2001
 DO 1, s. 2003
 RA 7784, Creation of a Teacher Education Council
 RA 7784 IRR
 RA 8980, Early Childhood Care and Development (ECCD) Act
 RA 8980 IRR
 EO 256
 PD 1006, Decree Professionalizing Teaching
 RA 4670, Magna Carta for Public School Teachers
 RA 7836, Philippine Teacher Professionalization Act of 1994
 RA 9293, Certain Amendments to RA 7836
 RA 8190, Localization Law
 RA 8190 IRR
 Code of Ethics
 RA 6713, Code of Conduct and Ethical Standards for Public Officials and Employees
 Rules (CSC, April 21, 1989) Code of Ethics
 RA 5447, Special Education Fund Law
 LGC Sec. 98-101
 RA 6655, Free Secondary Public Education Act of 1988
 RA 6728, Government Assistance To Students and Teachers In Private Education Act
(GASTPE Act)
 RA 8545, Amendments to the GASTPE Act
 RA 7687, Science and Technology Scholarship Act of 1994

1987 CONSTITUTION OF THE REPUBLIC OF THE

PHILIPPINES
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:

Establish, maintain, and support a complete, adequate, and integrated system of education relevant to
the needs of the people and society;
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;

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;

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

Provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational
efficiency, and other skills.

Section 3. All educational institutions shall include the study of the Constitution as part of the
curricula.

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.

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 the religion to which the children or
wards belong, without additional cost to the Government.

Section 4. 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.

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 sub section shall
not apply to schools established for foreign diplomatic personnel and their dependents and, unless
otherwise provided by law, for other foreign temporary residents.
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.

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. 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.

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

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

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.

The State shall assign the highest budgetary priority to education and ensure that teaching will attract
and retain its rightful share of the best available talents through adequate remuneration and other
means of job satisfaction and fulfillment.

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.
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. 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.
The State shall encourage and support researches and studies on the arts and culture.

SPORTS

Section 19. 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.

All educational institutions shall undertake regular sports activities throughout the country in
cooperation with athletic clubs and other sectors.

fBATAS PAMBANSA BLG. 232

AN ACT PROVIDING FOR THE ESTABLISHMENT AND MAINTENANCE OF AN
INTEGRATED SYSTEM OF EDUCATION

I. GENERAL PROVISIONS

Chapter 1
Preliminary Matters

Section 1. Title. – This Act shall be known as the “Education Act of 1982.”

Section 2. Coverage. – This Act shall apply to and govern both formal and non-formal
systems in public and private schools in all levels of the entire educational system.

Chapter 2
Declaration op Basic State Policy and Objectives

Section 3. Declaration of Basic Policy. – It is the policy of the State to establish 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:

To achieve and maintain an accelerating rate of economic development and social progress;
To assure the maximum participation of all the people in the attainment and enjoyment of
the benefits of such growth; and 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,
interests 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 aims to:

Provide for a broad general education that will assist each individual 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;

Train the nation’s manpower in the middle-level skills required for national development;

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

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 the true goals and objectives
of education be fulfilled.

Moreover, the State shall:

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

Promote and safeguard the welfare and interests 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.

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

“Parents” or guardians or the head of the institution or foster home which has custody of the
pupil or student.

“Students,” or those enrolled in and who regularly attend an educational institution of

secondary or higher level or 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.

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

“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.

“School administrators,” or all persons occupying policy implementing positions having to

do with the functions of the school in all levels.

“Academic non-teaching personnel,” or those persons holding some academic qualifications

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

“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.

“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 shall have the following rights:
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.

The right to access to any official record directly relating to the children who are under their
parental responsibility.

Section 9. Rights of Students in School. – In addition to other rights, and subject to the
limitations prescribed by law and regulations, students and pupils in all schools shall enjoy
the following rights:

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

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

The right to school guidance and counselling services for making decisions and selecting the
alternatives in fields of work suited to his potentialities. The right of access to his own school
records, the confidentiality of which the school shall maintain and preserve.

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

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.

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

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.

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

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.

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.

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.
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:

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.

The right to intellectual property consistent with applicable laws.

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.

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 Administrators. – School administrators shall, in

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

School administrators shall be deemed persons in authority while in the discharge of lawful
duties and responsibilities, and shall therefore be accorded due respect and protection.

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

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.

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 the 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:
Parents, individually or collectively, through the school systems, shall help carry out the
educational objectives in accordance with national goals. 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.
Parents shall cooperate with the school in the implementation of the school program
curricular and co-curricular

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

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.

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.

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

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.

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. Teachers’ Obligations. – Every teacher shall:

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

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.

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

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

Refrain from making deductions in students’ scholastic ratings for acts that are clearly not
manifestations of poor scholarship.

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:

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

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

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

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

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.

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

disciplining his teachers and other personnel.

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:

Improve himself professionally by keeping abreast of the latest trends and techniques in his
profession. Assume, promote and maintain a professional attitude towards his work,
students, teachers, administrators and administrative staff and relate with them in a
supportive and cordial manner. 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, is 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 Education” refers to the hierarchically structured and

chronologically graded learnings 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:

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.

Secondary Education – the stage 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.
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:

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;

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;

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

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:

To continue to promote the objectives of elementary education; and

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

Section 23. Objectives of Tertiary Education. – The objectives of tertiary education are:

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

To train the nation’s manpower in the skills required for national development;

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

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-formal 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:

“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.
“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

“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:

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

To provide unemployed and underemployed youth and adults with appropriate

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

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 schools or from secondary to national secondary or
tertiary schools shall be by law: Provided,  That any private school proposed to be
established must incorporate as a non-stock educational corporation in accordance with the
provisions of the Corporation Code of the Philippines. This requirement to incorporate may
be waived in the case of family-administered pre-school institutions.

Government assistance to such schools for educational programs shall be used exclusively
for that purpose.

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

“Schools” are duly established institutions of learning or educational institutions.

“Public Schools” are educational institutions established and administered by the

government.

“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 the prior authorization of the government, and shall be effected by recognition. In the
case of government operated schools, whether local, regional, or national, recognition of
educational programs and/or operations shall be deemed granted simultaneously with
establishment.
In all other cases 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:

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

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

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 institutions which desire to meet standards of quality over and above the
minimum required for State recognition.

Chapter 4
Internal Organization of School

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 shall 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 established as a

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

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

A. Funding of Public Schools

Section 34. National Funds. – Public schools shall continue to be funded primarily 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 and 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 Decree No. 477, Presidential
Decree No. 1375 and other applicable local budget laws and regulations.

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

Section 39. Income from other Sources. – Government-supported educational institutions

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
investments 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 School 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 or philanthropic organization, or
research institution or organization as may be authorized by law.

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

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

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

C. Incentives to Education

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

Section 46. Relating to School Property. – Real property, such as lands, buildings and other
improvements thereon used actually, directly and exclusively for educational purposes shall
be subject to the real property tax based on an. assessment of fifteen percent of the market
value of such property: Provided, That all the proceeds from the payment thereof shall
accrue to a special private education ment thereof shall accure 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 donations 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 or 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 distributed by a court to another
organization to be used in such manner as in the judgment of said court will best accomplish
the general purposes for which the dissolved organization was organized, or to the State.

D. Assistance to Students

Section 51. Government Assistance to Students. – The government shall provide financial

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

Section 52. Grant of Scholarship Pursuant to Existing Laws. – Educational institutions shall be

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

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

IV. THE MINISTRY OF EDUCATION, CULTURE AND SPORTS

Chapter 1
General Provisions

Section 54. Declaration of Policy. – The administration of the education system and,

pursuant to the provisions of the Constitution, the supervision and regulation of educational
institutions are hereby vested in the Ministry of Education, Culture and Sports, without
prejudice to the provisions of the charter of any state college and university.

Section 55. Organization. – The Ministry shall be headed by the Minister of Education,

Culture and Sports who shall be assisted by one or more Deputy Ministers.

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

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

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

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

Plan, develop and implement programs and projects in education and culture;
Promulgate rules and regulations necessary for the administration, supervision and
regulation of the educational system in accordance with declared policy;

Set up general objectives for the school system;

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

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

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 sector, the
effectiveness of the education programs, the adequacy or deficiency of the appropriations
and status of expenditures, the impact of education on the different regions, the growth of
enrollment, the adequacy of academic facilities, the concentration of low income groups, or
the supply of teaching and non-teaching personÂnel, 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 geared 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. Functions of the Board of Higher Education. – The Board shall:

Make policy recommendations regarding the planning and management of the integrated
system of higher education and the continuing evaluation thereof. 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. Assist the
Minister of Education, Culture and Sports in making recommendations relative 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:

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

Undertake studies necessary for the preparation of prototype curricular designs,

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

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:

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

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

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

Section 64. Bureau of Technical mid Vocational Education. – The Bureau shall perform the
following:

Collaborate with other agencies in the formulation of manpower plans;

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

programs and recommend educational standards for these programs;

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:

Develop, formulate and evaluate programs, projects and educational standards for a higher
education;
Provide staff assistance to the Board of Higher Education in its policy formulation and
advisory functions;

Provide technical assistance to encourage institutional development programs and projects;

Compile analyze and evaluate data on higher education; and

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:

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

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

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:

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;

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

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

V. MISCELLANEOUS PROVISIONS

Chapter 1
Penal and 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:
Mismanagement of school operations;

Gross inefficiency of the teaching or non-teaching personnel;

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

Failure to comply with conditions or obligations prescribed by this Code or its implementing
rules and regulations; and

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

Xc REPUBLIC ACT NO. 7798

AN ACT AMENDING SECTION 25 OF BATAS PAMBANSA BLG. 232, OTHERWISE
KNOWN AS THE “EDUCATION ACT OF 1982″

Section 1. Section 25, Chapter 3 of the Education Act of 1982 is hereby amended to read as
follows:

“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 schools or from secondary to national secondary or
tertiary schools shall be by law:provided,  that any private school proposed to be established
must incorporate as either a non-stock or a stock educational corporation in accordance
with the provisions of the Corporation Code of the Philippines. This requirement to
incorporate may be waived in the case of family-administered pre-school institutions.

“Provided, that the minimum paid-up capital for stock educational institutions for those
engaged in elementary education shall not be less than One million pesos (P1,000,000.00);
not less than Two million five hundred thousand pesos (P2,500,000.00) for those offering
both elementary and secondary education; and not less than Five million pesos
(P5,000,000.00) for those offering elementary, secondary and tertiary and postgraduate
courses, except existing educational institutions organized as stock corporations which may
retain their original capitalization.

“Existing educational institutions organized as stock corporations may automatically apply

for renewal of their corporate existence when the original period is about to expire.

“Provided, finally, that stock educational institutions may be allowed only in capital-
intensive courses of study as may be determined by the Department of Education, Culture
and Sports, the Commission on Higher Education, and the Department of Science and
Technology, as the case may be.

“Any school that is established or organized as a stock corporation shall be ineligible for any
form of government subsidy, incentive or assistance, except those given to individual
students and teachers in the form of scholarships, student loans or other forms of subsidy as
already mandated under existing laws. Government assistance to non-stock schools for
educational programs shall be used exclusively for that purpose.

“Taxes shall not be due on donations to educational corporations.”

Section 2. The Department of Education, Culture and Sports and the Commission on Higher
Education, as the case may be, are hereby authorized to formulate within sixty (60) days
from the approval of this Act implementing rules and guidelines governing the establishment
and operation of stock educational corporations that may be organized pursuant to this Act
with particular emphasis on meeting the objectives of quality education and academic
excellence provided for by the provisions of Batas Pambansa Blg. 232, otherwise known as
the Education Act of 1982.

Section 3. All laws, rules and ordinances inconsistent with this Act are hereby repealed or
modified accordingly.

Section 4. This Act shall take effect fifteen (15) days after its publication in at least two (2)
national newspapers of general circulation.

Approved, August 25, 1994.

REPUBLIC ACT NO. 7722

AN ACT CREATING THE COMMISSION ON HIGHER EDUCATION, APPROPRIATING
FUNDS THEREFORE AND FOR OTHER PURPOSES

Section 1. Title. – This Act shall be known as the “Higher Education Act of 1994.”

Section 2. Declaration of Policy. – The State shall protect, foster and promote the right of all
citizens to affordable quality education at all levels and shall take appropriate steps to
ensure that education shall be accessible to all. The State shall likewise ensure and protect
academic freedom and shall promote its exercise and observance for the continuing
intellectual growth, the advancement of learning and research, the development of
responsible and effective leadership, the education of high-level and middle-level
professionals and the enrichment of our historical and cultural heritage.
State-supported institutions of higher learning shall gear their programs to national, regional
or local development plans. Finally, all institutions of higher learning shall exemplify through
their physical and natural surroundings the dignity and beauty of as well as their pride in,
the intellectual and scholarly life.

Section 3. Creation of the Commission on Higher Education. – In pursuance of the

abovementioned policies, the Commission on Higher Education is hereby created hereinafter
referred to as the Commission.

The Commission shall be independent and separate from the Department of Education,
Culture and Sports (DECS), and attached to the Office of the President for administrative
purposes only. Its coverage shall be both public and private institutions of higher education
as well as degree-granting programs in all post-secondary educational institutions, public
and private.

Section 4. Composition of the Commission. – The Commission shall be composed of five (5)
full-time members. During the transition period which begins upon approval of this Act,
President may appoint the Secretary of Education, Culture and Sports as ex-officio chairman
of the Commission for a maximum period of one (1) year. Thereafter, the President shall
appoint a Chairman of the Commission and four (4) commissioners, who shall be holders of
earned doctorate(s), who have been actively engaged in higher education for at least ten
(10) years, and must not have been candidates for elective positions in the elections
immediately preceding their appointment. They shall be academicians known for their high
degree of professionalism and integrity who have distinguished themselves as authorities in
their chosen fields of learning. The members of the Commission shall belong to different
academic specializations.

In no case shall any and all of the Commissioners appoint representatives to act on their
behalf.

Section 5. Term of Office. – The President shall appoint the full-time chairman and the
commissioners for a term of four (4) years, without prejudice to one reappointment. The
terms of the initial appointees shall be on a staggered basis: the full-time chairman shall
hold office for a term of four (4) years, the next two (2) commissioners for three (3) years,
and the last two (2) commissioners for two (2) years.

The commissioners shall hold office until their successors shall have been appointed and
qualified. Should a member of the Commission fail to complete his term, his successors shall
be appointed by the President of the Philippines but only for the unexpired portion of the
term.

Section 6. Rank and Emoluments. – The chairman and the commissioners shall have the
rank of a Department Secretary and Undersecretary, respectively. They shall receive the
compensation and other emoluments corresponding to those of a Department Secretary and
Undersecretary, respectively, and shall be subject to the same disqualifications.

Section 7. Board of Advisers. – There shall be constituted a Board of Advisers which shall
meet with the Commission at least once a year to assist it in aligning its policies and plans
with the cultural, political and socioeconomic development needs of the nation and with the
demands of world-class scholarship.
The Board of Advisers shall be composed of the following:

a) the Secretary of Education, Culture and Sports, as chairman;

b) the Director-General of the National Economic and Development Authority, as co-

chairman;

c) the Secretary of Science and Technology;

d) the Secretary of Trade and Industry;

e) the Secretary of Labor and Employment;

f) the President of the Federation of Accrediting Associations of the Philippines (FAAP); andg)
the President of the Fund for Assistance to Private Education (FAPE).Two (2) additional
members of the Board of Advisers may be appointed by the President upon
recommendation of the Commission.

Section 8. Powers and Functions of the Commission. – The Commission shall have the
following powers and functions:

a) formulate and recommend development plans, policies, priorities, and programs on

higher education and research;

b) formulate and recommend development plans, policies, priorities and programs on

research;

c) recommend to the executive and legislative branches, priorities and grants on higher
education and research;

d) set minimum standards for programs and institutions of higher learning recommended by
panels of experts in the field and subject to public hearing, and enforce the same;

e) monitor and evaluate the performance of programs and institutions of higher learning for
appropriate incentives as well as the imposition of sanctions such as, but not limited to,
diminution or withdrawal of subsidy, recommendation on the downgrading or withdrawal of
accreditation, program termination or school closure;

f) identify, support and develop potential centers of excellence in program areas needed for
the development of world-class scholarship, nation building and national development;

g) recommend to the Department of Budget and Management the budgets of public

institutions of higher learning as well as general guidelines for the use of their income;

h) rationalize programs and institutions of higher learning and set standards, policies and
guidelines for the creation of new ones as well as the conversion or elevation of schools to
institutions of higher learning, subject to budgetary limitations and the number of
institutions of higher learning in the province or region where creation, conversion or
elevation is sought to be made;
i) develop criteria for allocating additional resources such as research and program
development grants, scholarships, and other similar programs: provided,  that these shall
not detract from the fiscal autonomy already enjoyed by colleges and universities;

j) direct or redirect purposive research by institutions of higher learning to meet the needs
of agro-industrialization and development;

k) devise and implement resource development schemes;

l) administer the Higher Education Development Fund, as described in Section 10

hereunder, which will promote the purposes of higher education;

m) review the charters of institutions of higher learning and state universities and colleges
including the chairmanship and membership of their governing bodies and recommend
appropriate measures as basis for necessary action;

n) promulgate such rules and regulations and exercise such other powers and functions as
may be necessary to carry out effectively the purpose and objectives of this Act; and

o) perform such other functions as may be necessary for its effective operations and for the
continued enhancement, growth or development of higher education.

Section 9. The Secretariat. – The Commission shall organize a secretariat which shall be
headed by an executive officer, subject to the national compensation and position
classification plan. It shall fix the secretariat’s staffing pattern, determine the duties,
qualifications, responsibilities and functions, as well as the compensation scheme for the
positions to be created upon the recommendation of the executive officer. It shall also
prepare and approve its budget.

The Commission shall appoint the members of the staff upon the recommendation of the
executive officer.

Section 10. The Higher Education Department Fund. – A Higher Education Development

Fund, hereinafter referred to as the Fund, is hereby established exclusively for the
strengthening of higher education in the entire country.

a) The Government’s contribution to the Fund shall be the following:

1) the amount of Five hundred million pesos (P500,000,000) as seed capital;

2) the amount of Fifty million pesos (P50,000,000) for the initial operation of the
Commission;

3) the equivalent of forty percent (40%) annual share on the total gross collections of the
travel tax;

4) the equivalent of thirty percent (30%) share of the collections from the Professional
Registration Fee; and

5) the equivalent of one percent (1%) of the gross sales of the lotto operation of the
Philippine Charity Sweepstakes Office (PCSO).
b) Starting Fiscal Year 1995 and every year thereafter, government financing institutions
identified and requested by the Commission may contribute to the Fund an amount
equivalent to not less than three percent (3%) but not more than five percent (5%) of their
unimpaired surplus realized during the immediately preceding year.

c) The Fund shall have a private portion to be raised from donations, gifts, and other
conveyances including materials, equipment, properties and services by gratuitous title.

Section 11. Management and Administration of the Higher Education Development Fund. –

The Fund shall be administered by the Commission. For sound and judicious management of
the Fund, the Commission shall appoint a reputable government financial institution as
portfolio manager of the Fund, subject to the following conditions.

As administrator of the Fund, the Commission shall prepare the necessary guidelines for its
use, subject to the following conditions:

a) No part of the seed capital of the Fund, including earnings thereof, shall be used to
underwrite overhead expenses for administration;

b) Unless otherwise stipulated by the private donor, only earnings of private contributions
shall be used for administrative expenses;

c) The Commission shall appoint and organize a separate staff, independent

administratively and budgetarily separate from the Commission Secretariat; and

d) The Fund shall be utilized equitably according to regions and programs.

Section 12. The Technical Panels. – The Commission shall reconstitute and/or organize
technical panels for different disciplines/program areas. They shall assist the Commission in
setting standards and in program and institution monitoring and evaluation. The technical
panels shall be composed of senior specialists or academicians to be appointed by the
Commission.

Section 13. Guarantee of Academic Freedom. – Nothing in this Act shall be construed as

limiting the academic freedom of universities and colleges. In particular, no abridgment of
curricular freedom of the individual educational institutions by the Commission shall be
made except for:

(a) minimum unit requirements for specific academic programs;

(b) general education distribution requirements as may be determined by the Commission;

and

(c) specific professional subjects as may be stipulated by the various licensing entities. No
academic or curricular restriction shall be made upon private educational institutions which
are not required for chartered state colleges and universities.

Section 14. Accreditation. – The Commission shall provide incentives to institutions of higher

learning, public and private, whose programs are accredited or whose needs are for
accreditation purposes.
Section 15. Tax Exemptions. – Any donation, contribution, bequest, and grant which may be
made to the Commission shall constitute as allowable deduction from the income of the
donor for income tax purposes and shall be exempt from donor’s tax, subject to such
conditions as provided under the National Internal Revenue Code, as amended.

Section 16. Authority. – The Commission shall exercise such authority as may be deemed
necessary within its premises or areas of operation to effectively carry out its powers and
functions and to attain its objectives: provided, that the Commission may seek the
assistance of other government agencies for the proper implementation of this Act.

Section 17. Appropriation. – The amount of Five hundred million pesos (P500,000,000) is

hereby authorized to be appropriated for the seed capital of the Fund. The additional
amount of Fifty million pesos (P50,000,000) is hereby authorized to be appropriated out of
the funds in the National Treasury not otherwise appropriated or out of the Philippine
Amusement and Gaming Corporation (PAGCOR) funds for the initial operation of the
Commission.

The sum equivalent to the appropriations for the current year for the Bureau of Higher
Education and the degree-granting-programs of the Bureau of Technical-Vocational
Education, including those for higher and tertiary education and degree granting vocational
and technical programs of the Bureau of Technical-Vocational Education in the regional
offices, as well as parts of the budgetary items under the DECS budget that are concerned
with higher and tertiary education and degree-granting vocational and technical programs
such as those for personal services, maintenance and other operating expenses and capital
outlay, shall be transferred to the Commission.

Thereafter, the funds necessary shall be included in the General Appropriations Act.

Section 18. Transitory Provisions. – Such personnel, properties, assets and liabilities,

functions and responsibilities of the Bureau of Higher Education, including those for higher
and tertiary education and degree-granting vocational and technical programs in the
regional offices, under the Department of Education, Culture and Sports, and other
government entities having functions similar to those of the Commission are hereby
transferred to the Commission.

The Commission shall have the authority to appoint its own personnel.

All regular or permanent employees transferred to the Commission shall not suffer any loss
of seniority or rank or decrease in emoluments. Personnel of the Bureau of Higher Education
not otherwise transferred to the Commission shall be reassigned by the DECS in any of its
offices and bureaus: provided, however, that, any employee who cannot be accommodated
shall be given all the benefits as may be provided under existing laws, rules and regulations.

Jurisdiction over DECS-supervised or chartered state-supported post-secondary degree-

granting vocational and technical programs and tertiary institutions shall be transferred to
the Commission.

A transitory body is hereby created which shall be composed of the Secretary of Education,
Culture and Sports (DECS), Chair of the Senate Committee on Education, Arts and Culture,
Chair of the House Committee on Education and Culture, a representative each of the
Association of Christian Schools and Colleges (ACSC), the Catholic Educational Association of
the Philippines (CEAP), the Philippine Association of Colleges and Universities (PACU), the
Philippine Association of Private Schools, Colleges and Universities (PAPSCU), the Philippine
Association of State Universities and Colleges (PASUC), and the Philippine Association of
Private Technical Institutions (PAPTI).The transitory body shall facilitate the complete and
full operation of the Commission which shall not be later than three (3) months after the
effectivity of this Act. It shall likewise, promulgate the rules and regulations necessary to
effectively implement the smooth and orderly transfer to the Commission. The transition
period not exceeding three (3) months shall commence from the approval of this Act.

Section 19. Repealing Clause. – All laws, presidential decrees, executive orders, rules and
regulations or parts thereof which are inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

Section 20. Separability Clause. – If any part or provision of this Act shall be held
unconstitutional or invalid, other provisions hereof which are not affected thereby shall
continue to be in full force and effect.

Section 21. Effectivity. – This Act shall take effect upon its approval.

Approved, May 18, 1994.

vREPUBLIC ACT NO. 7796

AN ACT CREATING THE TECHNICAL EDUCATION AND SKILLS DEVELOPMENT
AUTHORITY, PROVIDING FOR ITS POWERS, STRUCTURE AND FOR OTHER
PURPOSES

Section 1. Title. – This Act shall be known as the “Technical Educational and Skills
Development Act of 1994″ or the “TESDA Act of 1994.”

Section 2. Declaration of Policy. – It is hereby declared the policy of the State to provide
relevant, accessible, high quality and efficient technical education and skills development in
support of the development of high quality Filipino middle-level manpower responsive to and
in accordance with Philippine development goals and priorities.

The State shall encourage active participation of various concerned sectors, particularly
private enterprises, being direct participants in and immediate beneficiaries of a trained and
skilled work force, in providing technical education and skills development opportunities.

Section 3. Statement of Goals and Objectives. – It is the goal and objective of this Act to:

a) Promote and strengthen the quality of technical education and skills development
programs to attain international competitiveness.

b) Focus technical education and skills development on meeting the changing demands for
quality middle-level manpower;

c) Encourage critical and creative thinking by disseminating the scientific and technical
knowledge base of middle-level manpower development programs;
d) Recognize and encourage the complementary roles of public and private institutions in
technical education and skills development and training systems; and

e) Inculcate desirable values through the development of moral character with emphasis on
work ethic, self-discipline, self-reliance and nationalism.

Section 4. Definition of Terms. – As used in this Act:

a) “Skill” shall mean the acquired and practiced ability to carry out a task or job;

b) “Skills Development” shall mean the process through which learners and workers are
systematically provided with learning opportunities to acquire or upgrade, or both, their
ability, knowledge and behavior pattern required as qualifications for a job or range of jobs
in a given occupational area;

c) “Technical Education” shall refer to the education process designed at post-secondary

and lower tertiary levels, officially recognized as non-degree programs aimed at preparing
technicians, para-professionals and other categories of middle-level workers by providing
them with a broad range of general education, theoretical, scientific and technological
studies, and related job skills training;

d) “Trade” shall mean any group of interrelated jobs or any occupation which is traditionally
or officially recognized as craft or artisan in nature requiring specific qualifications that can
be acquired through work experience and/or training;

e) “Middle-Level Manpower” refers to those :1) who have acquired practical skills and
knowledge through formal or non-formal education and training equivalent to at least a
secondary education but preferably a post-secondary education with a corresponding
degree or diploma; or2) skilled workers who have become highly competent in their trade or
craft as attested by industry;

f) “Private Enterprises” refers to an economic system under which property of all kinds can
be privately owned and in which individuals, alone or in association with another, can
embark on a business activity. This includes industrial, agricultural, or agro-industrial
establishments engaged in the production, manufacturing, processing, repacking or
assembly of goods including service-oriented enterprises;

g) “Trainers” shall mean persons who direct the practice of skills towards immediate
improvement in some task;

h) “Trainors/trainers” shall mean persons who provide training to trainers aimed at

developing the latter’s capacities for imparting attitudes, knowledge, skills and behavior
patterns required for specific jobs, tasks, occupations or group of related occupations;

pri) “Trainees” shall mean persons who are participants in a vocational, administrative or
technical training program for the purpose of acquiring and developing job-related skills;

j) “Apprenticeship” training within employment with compulsory related theoretical

instructions involving a contract between an apprentice and an employer on an approved
apprenticeable occupation;
k) “Apprentice” is a person undergoing training for an approved apprenticeable occupation
during an established period assured by an apprenticeship agreement;

l) “Apprenticeship Agreement” is a contract wherein a prospective employer binds himself

to train the apprentice who in turn accepts the terms of training for a recognized
apprenticeable occupation emphasizing the rights, duties and responsibilities of each party;

m) “Apprenticeable Occupation” is an occupation officially endorsed by a tripartite body and

approved for apprenticeship by the Authority;

n) “Learners” refer to persons hired as trainees in semi-skilled and other industrial

occupations which are non-apprenticeable. Learnership programs must be approved by the
Authority.

o) “User-Led” or “Market-Driven Strategy” refers to a strategy which promotes strengthened

linkages between educational/training institutions and industry to ensure that appropriate
skills and knowledge are provided by the educational system;

p) “Dual System/Training” refers to a delivery system of quality technical and vocational

education which requires training to be carried out alternately in two venues: In school and
in the production plant. In-school training provides the trainee the theoretical foundation,
basic training, guidance and human formation, while in-plant training develops his skills and
proficiency in actual work conditions as it continues to inculcate personal discipline and
work values;

q) “Levy Grant System” refers to a legal contribution from participating employers who
would be beneficiaries of the program (often as a percentage of the payroll) which is
subsequently turned over or rebated to enterprises offering employee training programs.

Section 5. Technical Education and Skills Development Authority; Creation. – To implement

the policy declared in this Act, there is hereby created a Technical Education and Skills
Development Authority (TESDA), hereinafter referred to as the Authority, which shall replace
and absorb the National Manpower and Youth Council (NMYC), the Bureau of Technical and
Vocational Education (BTVE) and the personnel and functions pertaining to technical-
vocational education in the regional offices of the Department of Education, Culture and
Sports (DECS) and the apprenticeship program of the Bureau of Local Employment of the
Department of Labor and Employment.

Section 6. Composition of the Authority. – The Authority shall be composed of the TESDA
Board and TESDA Secretariat.

Section 7. Composition of the TESDA Board. – The TESDA Board shall be composed of the
following:

The Secretary of Labor and Employment – Chairperson

Secretary of Education, Culture and Sports – Co-Chairperson

Secretary of Trade and Industry – Co-Chairperson

Secretary of Agriculture – Member

Secretary of Interior and Local Government – Member

Director-General of the TESDA Secretariat – Member

In addition, the President of the Philippines shall appoint the following members from the
private sector: two (2) representatives, from the employer/industry organization, one of
whom shall be a woman; three (3) representatives, from the labor sector, one of whom shall
be a woman; and two (2) representatives of the national associations of private technical-
vocational education and training institutions, one of whom shall be a woman. As soon as all
the members of the private sector are appointed, they shall so organize themselves that the
term of office of one-third (1/3) of their number shall expire every year. The member from
the private sector appointed thereafter to fill vacancies caused by expiration of terms shall
hold office for three (3) years.

The President of the Philippines may, however, revise the membership of the TESDA Board,
whenever the President deems it necessary for the effective performance of the Board’s
functions through an administrative order.

The TESDA Board shall meet at least twice a year, or as frequently as may be deemed
necessary by its Chairperson. In the absence of the Chairperson, a Co-Chairperson shall
preside. In case any member of the Board representing the Government cannot attend the
meeting, he or she shall be regularly represented by an undersecretary or deputy-director
general, as the case may be, to be designated by such member for the purpose.

The benefits, privileges and emoluments of the Board shall be consistent with existing laws
and rules.

Section 8. Powers and Functions of the Board. – The Authority shall primarily be responsible
for formulating, continuing, coordinated and fully integrated technical education and skills
development policies, plans and programs taking into consideration the following:

a) the State policy declared herein of giving new direction and thrusts to efforts in
developing the quality of Filipino human resource through technical education and skills
development;

b) the implementation of the above-mentioned policy requires the coordination and

cooperation of policies, plans, and programs of different concerned sectors of Philippine
society;

c) equal participation of representatives of industry groups, trade associations, employers,

workers and government shall be made the rule in order to ensure that urgent needs and
recommendations are readily addressed; and

d) improved linkages between industry, labor and government shall be given priority in the
formulation of any national-level plan.

The Board, shall have the following powers:

1) promulgate, after due consultation with industry groups, trade associations, employers,
workers, policies, plans, programs and guidelines as may be necessary for the effective
implementation of this Act;
2) organize and constitute various standing committees, subsidiary groups, or technical
working groups for efficient integration, coordination and monitoring technical education
and skills development programs at the national, regional, and local levels;

lex3) enter into, make, execute, perform and carry-out domestic and foreign contracts
subject to existing laws, rules and regulations;

4) restructure the entire sub-sector consisting of all institutions and programs involved in
the promotion and development of middle-level manpower through upgrading, merger
and/or phase-out following a user-led strategy;

5) approve trade skills standards and trade tests as established and conducted by private
industries;

6) establish and administer a system of accreditation of both public and private institutions;

7) establish, develop and support institutions’ trainors’ training and/or programs;

8) lend support and encourage increasing utilization of the dual training system as provided
for by Republic Act No. 7686;9) exact reasonable fees and charges for such tests and
trainings conducted and retain such earnings for its own use, subject to guidelines
promulgated by the Authority;

10) allocate resources, based on the Secretariat’s recommendations, for the programs and
projects it shall undertake pursuant to approved National Technical Education and Skills
Development Plan;

11) determine and approve systematic funding schemes such as the Levy and Grant
scheme for technical education and skills development purposes;

12) create, when deemed necessary, an Advisory Committee which shall provide expert and
technical advice to the Board to be chosen from the academe and the private
sector:  provided, that in case the Advisory Committee is created, the Board is hereby
authorized to set aside a portion of its appropriation for its operation; and

13) perform such other duties and functions necessary to carry out the provisions of this Act
consistent with the purposes of the creation of TESDA.

Section 9. Power to Review and Recommend Action. – The Authority shall review and
recommend action to concerned authorities on proposed technical assistance programs and
grants-in-aid for technical education or skills development, or both, including those which
may be entered into between the Government of the Philippines and other nations, including
international and foreign organizations, both here and abroad.

Section 10. The TESDA Secretariat. – There is hereby created a Technical Education and
Skills Development Authority Secretariat which shall have the following functions and
responsibilities:

a) to establish and maintain a planning process and formulate a national technical education
and skills development plan in which the member-agencies and other concerned entities of
the Authority at various levels participate;
b) to provide analytical inputs to policy decision-making of the Authority on allocation of
resources and institutional roles and responsibilities as shall be embodied in annual
agencies technical education and skills development plans, in accordance with the
manpower plan for middle-level skilled workers as approved by the Authority;

c) to recommend measures, and implement the same upon approval by the Authority, for
the effective and efficient implementation of the national technical education and skills
development plan;

d) to propose to the Authority the specific allocation of resources for the programs and
projects it shall undertake pursuant to approved national technical education and skills
development plan;

e) to submit to the Authority periodic reports on the progress and accomplishment of work
programs of implementation of plans and policies for technical educational and skills
development;

f) to prepare for approval by the Authority an annual report to the President on technical
education and skills development;

g) to implement and administer the apprenticeship program as provided for in Section 18 of

this Act;

h) to prepare and implement upon approval by the Authority a program for the training of
trainers, supervisors, planners and managers as provided for in Section 23 of this Act;

i) to enter into agreement to implement approved plans and programs and perform
activities as shall implement the declared policy of this Act; and

j) to perform such other functions and duties as may be assigned by the Board.

Section 11. Director-General. – The TESDA Secretariat shall be headed by a Director-

General, who shall likewise be a member of the TESDA Board. The Director-General shall be
appointed by the President of the Philippines and shall enjoy the benefits, privileges and
emoluments equivalent to the rank of Undersecretary.

As Chief Executive Officer of the TESDA Secretariat, the Director-General shall exercise
general supervision and control over its technical and administrative personnel.

Section 12. Deputy Director-General. – The Director-General shall be assisted by two (2)

Deputy Directors-General to be appointed by the President of the Philippines on
recommendation of the TESDA Board. One to be responsible for Vocational and Technical
Education and Training and one to be responsible for Policies and Planning.

The Deputy Directors-General shall enjoy the benefits, privileges and emoluments
equivalent to the rank of Assistant Secretary.

Section 13. Chief of Services for Administration. – The Director-General shall also be assisted
by a Chief of Services for Administration who shall be a Career Civil Service Official to be
appointed by the TESDA Board.
Section 14. Structural Organization and Personnel. – The TESDA Secretariat, in addition to
the offices of the Director-General, Deputy Director-General and Chief of Services for
Administration shall be composed of the following offices to be headed by an Executive
Director to be appointed by the Director-General and shall have the rank and emoluments of
Director IV.

a) Planning Office (PO) – The Planning Office shall be under the Office of the Deputy
Director-General and shall have the following functions:

  1) to design and establish planning processes and methodologies which will particularly
enhance the efficiency of resource allocation decisions within the technical education and
skills development sector;

  2) to lead in the preparation and periodic updating of a national plan for technical
education and skills development which shall become the basis for resource allocation
decisions within the sector;

  3) to conduct researches, studies and develop information systems for effective and
efficient planning and policy-making within the sector;

  4) to develop and implement programs and projects aimed at building up planning

capabilities of various institutions within the sector; and dctai5) to perform such other
powers and functions as may be authorized by the Authority.

b) Skills Standards and Certification Office (SSCO). – The Skills Standards and Certification
Office shall be under the office of the Deputy Director-General and shall have the following
functions:

  1) to develop and establish a national system of skills standardization, testing and

certification in the country;

  2) to design, innovate and adopt processes and methodologies whereby industry groups
and workers’ guilds take note on progressively the responsibility of setting skills standards
for identified occupational areas, and the local government units actively participate in
promoting skills standards, testing and certification;

  3) to establish and implement a system of accrediting private enterprises, workers’

associations and guilds and public institutions to serve as skills testing venues;

  4) to conduct research and development on various occupational areas in order to

recommend policies, rules and regulations for effective and efficient skills standardization,
testing and certification system in the country; and

  5) to perform such other duties and functions as may be authorized.

c) National Institute for Technical Vocational and Education Training (NITVET). – The National
Institute for Technical Vocational and Education Training to be under the office of the
Deputy Director-General and shall have the following functions:

  1) to serve as the research and development arm of the government in the field of
technical-vocational education and training;
  2) to develop curricula and program standards for various technical-vocational education
and training areas;

  3) to develop and implement an integrated program for continuing development of trainors,

teachers and instructors within the technical education and skills development sector;

  4) to develop programs and projects which will build up institutional capabilities within the
sector; and

  5) to perform such other powers and functions as may be authorized.

d) Office of Formal Technical Vocational Education and Training (OFFVET). – The Office of
Formal Technical Vocational Education and Training to be under the office of the Deputy
Director-General and shall have the following functions:

  1) to provide policies, measures and guidelines for effective and efficient administration of
formal technical-vocational education and training programs implemented by various
institutions in the country;

  2) to establish and maintain a system for accrediting, coordinating integrating, monitoring

and evaluating the different formal technical-vocational education and training programs
vis-a-vis the approved national technical education and skills development plan;

  3) to establish and maintain a network of institutions engaged in institutionalized technical-

vocational education and training, particularly with local government units; and

  4) to perform such other duties and functions as may be authorized.

e) Office of the Non-Formal Technical-Vocational Education and Training (ONFTVET). – The

Office of the Non-Formal Technical-Vocational Education and Training to be under the Office
of the Deputy Director-General and shall have the following functions:

  1) to provide direction, policies and guidelines for effective implementation of non-formal,

community-based technical-vocational education and training;

  2) to accredit, coordinate, monitor and evaluate various non-formal technical-vocational

education and training programs implemented by various institutions particularly, by local
government units;

  3) to establish and maintain a network of institutions including local government units, non-
government organizations implementing non-formal, community-based technical-vocational
education and training;

  4) to perform such other powers and functions as may be authorized.

f) Office of Apprenticeship (OA). – The Office of Apprenticeship shall be under the Office of
the Deputy Director-General and shall have the following functions:

  1) to provide direction, policies and guidelines on the implementation of the Apprenticeship

system;
  2) to accredit, coordinate, monitor and evaluate all apprenticeship schemes and programs
implemented by various institutions and enterprises;

  3) to establish a network of institutions and enterprises conducting apprenticeship schemes

and programs;

  4) to perform such other powers and functions as may be authorized.

g) Regional TESDA Offices. – The Regional TESDA Offices shall be headed by Regional
Directors with the rank and emoluments of Director IV to be appointed by the President.

The Regional TESDA Offices shall be under the direct control of the Director-General and
shall have the following functions:

  1) to serve as Secretariat to Regional Technical Education Skills Development (TESDA)

Committees;

  2) to provide effective supervision, coordination and integration of technical education and

skills development programs, projects and related activities in their respective jurisdiction;

  3) to develop and recommend TESDA programs for regional and local-level implementation
within the policies set by the Authority;

  4) to perform such other duties and functions as may be deemed necessary.

Section 15. The Provincial TESDA Offices. – The Provincial Offices shall be headed by Skill
Development Officers who shall have the rank and emoluments of a Director III.

The Provincial TESDA Offices shall be under the direct control of the Director-General and
shall have the following functions:

  1) to serve as Secretariat to Provincial TESDA Committees;

  2) to provide technical assistance particularly to local government units for effective

supervision, coordination, integration and monitoring of technical-vocational education and
training programs within their localities;

  3) to review and recommend TESDA programs for implementation within their localities;
and

  4) to perform such other duties and functions as may be authorized.

Furthermore, the TESDA Secretariat may be further composed by such offices as may be
deemed necessary by the Authority. The Director-General shall appoint such personnel
necessary to carry out the objectives, policies and functions of the Authority subject to Civil
Service laws, rules and regulations.

Section 16. Compliance with the Salaries Standardization Law. – The compensation and
emoluments of the officials and employees of the Authority shall be in accordance with the
salary standardization law and other applicable laws under the national compensation and
classification plan.
Section 17. Consultants and Technical Assistance, Publication and Research. – In pursuing its
objectives, the Authority is hereby authorized to set aside a portion of its appropriation for
the hiring of services of qualified consultants, and private organizations for research work
and publication in the field of technical education and skills development. It shall avail itself
of the services of other agencies of the Government as may be required.

Section 18. Transfer of the Apprenticeship Program. – The Apprenticeship Program of the

Bureau of Local Employment of the Department of Labor and Employment shall be
transferred to the Authority which shall implement and administer said program in
accordance with existing laws, rules and regulations.

Section 19. Technical Education and Skills Development Committees. – The Authority shall
establish Technical Education and Skills Development Committees at the regional and local
levels to coordinate and monitor the delivery of all skills development activities by the public
and private sectors. These committees shall likewise serve as the Technical Education and
Skills Development Committees of the Regional and local development councils. The
composition of the Technical Education and Skills Development Committees shall be
determined by the Director-General subject to the guidelines to be promulgated by the
Authority.

Section 20. Skills Development Centers. – The Authority shall strengthen the network of
national, regional and local skills training centers for the purpose of promoting skills
development.

This network shall include skills training centers in vocational and technical schools,
technical institutes, polytechnic colleges, and all other duly accredited public and private
dual system educational institutions. The technical education and skills development centers
shall be administered and operated under such rules and regulations as may be established
by the Authority in accordance with the National Technical Education and Skills
Development Plan.

Section 21. Formulation of a Comprehensive Development Plan for Middle-Level Manpower. –

The Authority shall formulate a comprehensive development plan for middle-level manpower
based on a national employment plan or policies for the optimum allocation, development
and utilization of skilled workers for employment entrepreneurship and technology
development for economic and social growth. This plan shall, after adoption by the
Authority, be updated periodically and submitted to the President of the Philippines for
approval. Thereafter, it shall be the plan for technical education and skills development for
the entire country within the framework of the National Development Plan. The Authority
shall direct the TESDA Secretariat to call on its member-agencies, the private sector and the
academe to assist in this effort.

The comprehensive plan shall provide for a reformed industry-based training program
including apprenticeship, dual training system and other similar schemes intended to:

a) promote maximum protection and welfare of the worker-trainee;

b) improve the quality and relevance and social accountability of technical education and
skills development;
c) accelerate the employment-generation efforts of the government; and

d) expand the range of opportunities for upward social mobility of the school-going
population beyond the traditional higher levels of formal education.

All government and non-government agencies receiving financial and technical assistance
from the government shall be required to formulate their respective annual agency technical
education and skills development plan in line with the national technical education and skills
development plan. The budget to support such plans shall be subject to review and
endorsement by the Authority to the Department of Budget and Management.

The Authority shall evaluate the efficiency and effectiveness of agencies skills development
programs and schemes to make them conform with the quantitative and qualitative
objectives of the national technical education and skills development plan.

Section 22. Establishment and Administration of National Trade Skills Standards. – There

shall be national occupational skills standards to be established by TESDA-accredited
industry committees. The Authority shall develop and implement a certification and
accreditation program in which private industry groups and trade associations are
accredited to conduct approved trade tests, and the local government units to promote such
trade testing activities in their respective areas in accordance with the guidelines to be set
by the Authority.

The Secretary of Labor and Employment shall determine the occupational trades for
mandatory certification.

All certificates relating to the national trade skills testing and certification system shall be
issued by the Authority through the TESDA Secretariat.

Section 23. Administration of Training Programs. – The Authority shall design and administer
training programs and schemes that will develop the capabilities of public and private
institutions to provide quality and cost-effective technical education and skills development
and related opportunities. Such training programs and schemes shall include teacher’s
trainors’ training, skills training for entrepreneur development and technology development,
cost-effective training in occupational trades and related fields of employment, and value
development as an integral component of all skills training programs.

Section 24. Assistance to Employers and Organizations. – The Authority shall assist any
employer or organization engaged in skills training schemes designed to attain its objectives
under rules and regulations which the Authority shall establish for this purpose.

Section 25. Coordination of All Skills Training Schemes. – In order to integrate the national
skills development efforts, all technical education and skills training schemes as provided for
in this Act shall be coordinated with the Authority particularly those having to do with the
setting of trade skills standards. For this purpose, existing technical education and skills
training programs in the Government and in the private sector, specifically those wholly or
partly financed with government funds, shall be reported to the Authority which shall assess
and evaluate such programs to ensure their efficiency and effectiveness.

Section 26. Industry Boards. – The Authority shall establish effective and efficient
institutional arrangements with industry boards and such other bodies or associations to
provide direct participation of employers and workers in the design and implementation of
skills development schemes, trade skills standardization and certification and such other
functions in the fulfillment of the Authority’s objectives.

Section 27. Incentives Schemes. – The Authority shall develop and administer appropriate
incentives schemes to encourage government and private industries and institutions to
provide high-quality technical education and skills development opportunities.

Section 28. Skills Development Opportunities. – The Authority shall design and implement an
effective and efficient delivery system for quality technical education and skills development
opportunities particularly in disadvantaged sectors, with new tools of wealth creation and
with the capability to take on higher value-added gainful activities and to share equitably in
productivity gains.

Section 29. Devolution of TESDA’s Training Function to Local Governments. – In establishing

the delivery system provided for in the preceding Section, the Authority shall formulate,
implement and finance a specific plan to develop the capability of local government units to
assume ultimately the responsibility for effectively providing community-based technical
education and skills development opportunities:provided, however, that there shall be
formulated and implemented, an effective and timely retraining of TESDA personnel that
would be affected by the devolution to ensure their being retained if the concerned local
government units would not be able to absorb them.

Section 30. Skills Olympics. – To promote quality skills development in the country and with
the view of participating in international skills competitions, the Authority, with the active
participation of private industries, shall organize and conduct annual National Skills
Olympics. The Authority, through the TESDA Secretariat, shall promulgate the necessary
rules and guidelines for the effective and efficient conduct of Annual National Skills Olympics
and for the country’s participation in international skills olympics.

Section 31. The TESDA Development Fund. – A TESDA Development Fund is hereby

established, to be managed/administered by the Authority, the income from which shall be
utilized exclusively in awarding of grants and providing assistance to training institutions,
industries, local government units for upgrading their capabilities and to develop and
implement training and training-related activities. The contribution to the fund shall be the
following:

a) a one-time lump sum appropriation from the National Government;

b) an annual contribution from the Overseas Workers Welfare Administration Fund, the
amount of which should be part of the study on financing in conjunction with letter (D) of
Section 34;

c) donations, grants, endowments, and other bequests or gifts, and

d) any other income generated by the Authority.

The TESDA Board shall be the administrator of the fund, and as such, shall formulate the
necessary implementing guidelines for the management of the fund, subject to the
following:
a) unless otherwise stipulated by the private donor, only earnings of private contributions
shall be used; and

b) no part of the seed capital of the fund, including earnings, thereof, shall be used to
underwrite expenses for administration.

The Board shall appoint a reputable government-accredited investment institution as fund

manager, subject to guidelines promulgated by the Board.

Section 32. Scholarship Grants. – The Authority shall adopt a system of allocation and
funding of scholarship grants which shall be responsive to the technical education and skills
development needs of the different regions in the country.

Section 33. TESDA Budget. – The amount necessary to finance the initial implementation of
this Act shall be charged against the existing appropriations of the NMYC and the BTVE.
Thereafter, such funds as may be necessary for the continued implementation of this Act
shall be included in the annual General Appropriations Act.

Section 34. Transitory Provisions. – a) Within two (2) months after the approval of this Act,
the President shall, in consultation with the Secretary of Labor and Employment and the
Secretary of Education, Culture and Sports, appoint the private sector representatives of the
TESDA Board.

b) Within three (3) months after the appointment of the private sector representatives, the
President shall, upon the recommendation of the Board, appoint the Director-General.

c) Within four (4) months after the appointment of the Director-General, the Board shall
convene to determine the organizational structure and staffing pattern of the Authority.

d) Within one (1) year after the organization of the Authority, the Board shall commission an
expert group on funding schemes for the TESDA Development Fund, as provided in Section
31, the results of which shall be used as the basis for appropriate action by the Board.

e) The personnel of the existing National Manpower and Youth Council (NMYC) of the
Department of Labor and Employment and the Bureau of Technical and Vocational
Education (BTVE) of the Department of Education, Culture and Sports, shall, in a holdover
capacity, continue to perform their respective duties and responsibilities and receive their
corresponding salaries and benefits until such time when the organizational structure and
staffing pattern of the Authority shall have been approved by the Board: provided, that the
preparation and approval of the said new organizational structure and staffing pattern shall,
as far as practicable, respect and ensure the security of tenure and seniority rights of
affected government employees.

Those personnel whose positions are not included in the new staffing pattern approved by
the Board or who are not reappointed or who choose to be separated as a result of the
reorganization shall be paid their separation or retirement benefits under existing laws.

Section 35. Automatic Review. – Every five (5) years, after the effectivity of this Act, an
independent review panel composed of three (3) persons appointed by the President shall
review the performance of the Authority and shall make recommendations, based on its
findings to the President and to both Houses of Congress.
Section 36. Implementing Rules and Guidelines. – The TESDA Board shall issue, within a
period of ninety (90) days after the effectivity of this Act, the rules and regulations for the
effective implementation of this Act.

The TESDA Board shall submit to the Committees on Education, Arts and Culture of both
Houses of Congress 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 R.A. No. 6713,
otherwise known as the “Code of Conduct and Ethical Standards for Public Officials, and
Employees” and other existing administrative and/or criminal laws.

Section 37. Repealing Clause. – All laws, presidential decrees, executive orders, presidential
proclamations, rules and regulations or parts thereof contrary to or inconsistent with this Act
are hereby repealed or modified accordingly.

Section 38. Separability Clause. – If any provision of this Act is declared unconstitutional, the
same shall not affect the validity and effectivity of the other provisions hereof.

Section 39. Effectivity Clause. – This Act shall take effect fifteen (15) days after its complete
publication in two (2) newspapers of general circulation.

Approved, August 25, 1994.

xREPUBLIC ACT NO. 9155

AN ACT INSTITUTING A FRAME WORK OF GOVERNANCE FOR BASIC EDUCATION,
ESTABLISHING AUTHORITY AND ACCOUNTABILITY, RENAMING THE DEPARTMENT
OF EDUCATION, CULTURE AND SPORTS AS THE DEPARTMENT OF EDUCATION, AND
FOR OTHER PURPOSES

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

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

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

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

Section 3. Purposes and Objectives. – The purposes and objectives of this Act are:

(a) To provide the framework for the governance of basic education which shall set the
general directions for educational policies and standards and establish authority,
accountability and responsibility for achieving higher learning outcomes;

(b) To define the roles and responsibilities of and provide resources to, the field offices
which shall implement educational programs, projects and services in communities they
serve;

(c) To make schools and learning centers the most important vehicle for the teaching and
learning of national values and for developing in the Filipino learners love of country and
pride in its rich heritage;

(d) To ensure that schools and learning centers receive the kind of focused attention they
deserve and that educational programs, projects and services take into account the
interests of all members of the community;

(e) To enable the schools and learning centers to reflect the values of the community by
allowing teachers/learning facilitators and other staff to have the flexibility to serve the
needs of all learners;

(f) To encourage local initiatives for the improvement of schools and learning centers and to
provide the means by which these improvements may be achieved and sustained; and

(g) To establish schools and learning centers as facilities where schoolchildren are able to
learn a range of core competencies prescribed for elementary and high school education
programs or where the out-of-school youth and adult learners are provided alternative
learning programs and receive accreditation for at least the equivalent of a high school
education.

Section 4. Definition of Terms. – For purposes of this Act, the terms or phrases used shall
mean or be understood as follows:

(a) Alternative Learning System – is a parallel learning system to provide a viable alternative
to the existing formal education instruction. It encompasses both the nonformal and
informal sources of knowledge and skills;

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

(c) Cluster of Schools – is a group of schools which are geographically contiguous and
brought together to improve the learning outcomes;
(d) Formal Education – is the systematic and deliberate process of hierarchically structured
and sequential learning corresponding to the general concept of elementary and secondary
level of schooling. At the end of each level, the learner needs a certification in order to enter
or advance to the next level;

(e) Informal Education – is a lifelong process of learning by which every person acquires and
accumulates knowledge, skills, attitudes and insights from daily experiences at home, at
work, at play and from life itself;

(f) Integrated School – is a school that offers a complete basic education in one school site
and has unified instructional program;

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

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

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

(j) Non-Formal Education – is any organized, systematic educational activity carried outside
the framework of the formal system to provide selected types of learning to a segment of
the population;

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

(l) School – is an educational institution, private and public, undertaking educational

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

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

CHAPTER 1
GOVERNANCE OF BASIC EDUCATION

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

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

(b) The process of democratic consultation shall be observed in the decision-making process
at appropriate levels. Feedback mechanisms shall be established to ensure coordination and
open communication of the central office with the regional, division and school levels;

(c) The principles of accountability and transparency shall be operationalized in the

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

Section 6. Governance. – The Department of Education, Culture and Sports shall henceforth
be called the Department of Education. It shall be vested with authority, accountability and
responsibility for ensuring access to, promoting equity in, and improving the quality of basic
education. Arts, culture and sports shall be as provided for in Sections 8 and 9 hereof.

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

A. National Level

In addition to his/her powers under existing laws, the Secretary of Education shall have
authority, accountability and responsibility for the following:

(1) Formulating national educational policies;

(2) Formulating a national basic education plan;

(3) Promulgating national educational Standards;

(4) Monitoring and assessing national learning outcomes;

(5) Undertaking national educational research and studies;

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

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

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

B. Regional Level

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

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

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

(2) Developing a regional basic education plan;

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

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

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

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

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

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

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

(10) Evaluating all schools division superintendents and assistant division superintendents in
the region;

(11) Planning and managing the effective and efficient use of all personnel, physical and
fiscal resources of the regional office, including professional staff development.;

(12) Managing the database and management information system of the region;

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

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

C. Division Level

A division shall consist of a province or a city which shall have a schools division
superintendent, at least one assistant schools division superintendent and an office staff for
programs promotion, planning, administrative, fiscal, legal, ancillary and other support
services.

Consistent with the national educational policies, plans and standards the schools division
superintendents shall have authority, accountability and responsibility for the following:

(1) Developing and implementing division education development plans;

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

(3) Hiring, placing and evaluating all division supervisors and schools district supervisors as
well as all employees in the division, both teaching and non-teaching personnel, including
school heads, except for the assistant division superintendent;
(4) Monitoring the utilization of funds provided by the national government and the local
government units to the schools and learning centers;

(5) Ensuring compliance of quality standards for basic education programs and for this
purpose strengthening the role of division supervisors as subject area specialists;

(6) Promoting awareness of and adherence by all schools and learning centers to
accreditation standards prescribed by the Secretary of Education;

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

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

D. Schools District Level

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

The schools district supervisor shall be responsible for:

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

(2) Curricula supervision; and

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

E. School Level

There shall be a school head for all public elementary schools and public high schools or a
cluster thereof. The establishment of integrated schools from existing public elementary and
public high schools shall be encouraged.

The school head, who may be assisted by an assistant school head, shall be both an
instructional leader and administrative manager. The school head shall form a them with the
school teachers/learning facilitators for delivery of quality educational programs, projects
and services. A core of nonteaching staff shall handle the school’s administrative, fiscal and
auxiliary services.

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

(1) Setting the mission, vision, goals and objectives of the school;

(2) Creating an environment within the school that is conducive to teaching and learning;

(3) Implementing the school curriculum and being accountable for higher learning
outcomes;

(4) Developing the school education program and school improvement plan;
(5) Offering educational programs, projects and services which provide equitable
opportunities for all learners in the community;

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

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

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

(9) Encouraging staff development;

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

(11) Accepting donations, gifts, bequests and grants for the purpose of upgrading teachers’
learning facilitators’ competencies, improving ad expanding school facilities and providing
instructional materials and equipment. Such donations or grants must be reported to the
appropriate district supervisors and division superintendents; and

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

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

The qualifications, salary grade, status of employment and welfare and benefits of school
heads shall be the same for public elementary, secondary and integrated schools.

No appointment to the positions of regional directors, assistant regional directors, schools

division superintendents and assistant schools division superintendents shall be made
unless file appointee is a career executive service officer who preferably shall have risen
from the ranks.

CHAPTER 2
TRANSFER OF CULTURAL AGENCIES

SEC. 8. Cultural Agencies. – The Komisyon ng Wikang Pilipino, National Historical Institute,
Records Management and Archives Office and the National Library shall now be
administratively attached to the National Commission for Culture and the Arts (NCCA) and
no longer with the Department of Education. The program for school arts and culture shall
remain part of the school curriculum.

CHAPTER 3
ABOLITION OF THE BUREAU OF PHYSICAL EDUCATION AND SCHOOL SPORTS

Section 9. Abolition of BPESS. – All functions, programs and activities of the Department of
Education related to sports competition shall be transferred to the Philippine Sports
Commission (PSC). The program for school sports and physical fitness shall remain part of
the basic education curriculum.

The Bureau of Physical Education and School Sports (BPESS) is hereby abolished. The
personnel of the BPESS, presently detailed with the PSC, are hereby transferred to the PSC
without loss of rank, including the plantilla positions they occupy. All other BPESS personnel
shall be retained by the Department.

CHAPTER 4
SUPPORT AND ASSISTANCE OF OTHER GOVERNMENT AGENCIES

Section 10. The Secretary of Education and the Secretary of Budget and Management shall,
within ninety (90) days from the approval of this Act, jointly promulgate the guidelines on
the allocation, distribution and utilization of resources provided by the national government
for the field offices, taking into consideration the uniqueness of the working conditions of the
teaching service.

The Secretary of the Department of Education shall ensure that resources appropriated for
the field offices are adequate and that resources for school personnel, school desks and
textbooks and other instructional materials intended are allocated directly and released
immediately by the Department of Budget and Management to said offices.

Section 11. The Secretary of the Department of Education, subject to civil service laws and
regulations, shall issue appropriate personnel policy rules and regulations that will best meet
the requirements of the teaching profession taking into consideration the uniqueness of the
working conditions of the teaching service.

Section 12. The Commission on Audit, in the issuance of audit rules and regulations that will
govern the utilization of all resources as well as the liquidation, recording and reporting
thereof, shall take into account the different characteristics and distinct features of the
department’s field offices, its organizational set up as well as the nature of the operations of
schools and learning centers.

CHAPTER 5
FINAL PROVISIONS

Section 13. Governance in the ARMM. – The Regional Education Secretary for the
Autonomous Region in Muslim Mindanao (ARMM) shall exercise similar governance authority
over the divisions, districts, schools and learning centers in the region as may be provided in
the Organic Act, without prejudice to the provisions of Republic Act No. 9054, entitled “An
Act to Strengthen and Expand the Organic Act for the Autonomous Region in Muslim
Mindanao, Amending for the Purpose Republic Act No. 6734, entitled ‘An Act Providing for
the Autonomous Region in Muslim Mindanao, as amended’”.

Section 14. Rules and Regulations. – The Secretary of Education shall promulgate the
implementing rules and regulations within ninety (90) days after the approval of this
Act: Provided, That the Secretary of Education shall fully implement the principle of shared
governance within two (2) years after the approval of this Act.
Section 15. Separability Clause. – If for any reason, any portion or provision of this Act shall
be declared unconstitutional, other parts or provisions hereof which are not affected thereby
shall continue to be in full force and effect.

Section 16. Repealing Clause. – All laws, decrees, executive orders, rules and regulations,
part or parts thereof, inconsistent with the provisions of this Act, are hereby repealed or
modified accordingly.

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

Approved, August 11, 2001.

xREPUBLIC ACT NO. 7784

AN ACT TO STRENGTHEN TEACHER EDUCATION IN THE PHILIPPINES BY
ESTABLISHING CENTERS OF EXCELLENCE, CREATING A TEACHER EDUCATION
COUNCIL FOR THE PURPOSE, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES

SECTION 1. Declaration of Policy. – It is the declared policy of the State to protect and
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. It is likewise universally
recognized that the teacher is the key to the effectiveness of the teaching-learning process
by drawing out and nurturing the best in the learner as a human being and a worthy
member of society. Thus, this Act aims to provide and ensure quality education by
strengthening the education and training of teachers nationwide through a national system
of excellence for teacher education.

Our vision is a teacher education system whose mission is to educate and train teachers of
unquestionable integrity and competence, and who are committed to their continuing
professional growth and obligation to help their students grow as responsible individuals and
citizens of the Philippines and of the world.

Sec. 2. Definition of Terms. – As used in this Act:

(a) “Teacher” shall mean all persons engaged in the classroom teaching of any subject,
including practical/vocational arts, at the elementary and secondary levels of instruction
including persons performing guidance and counseling, instructional supervision in all public
or private education institutions, but shall not include school nurses, school physicians,
school dentists, school administrators, and other school administrative support employees.
Graduates of education who have passed the government examination for teachers
although not actually employed as such, are hereby included in this definition.

(b) “Teacher education” shall mean the pre-service education, in-service education, and
graduate education of teachers, in various areas of specialization.

(c) “Excellence” pertains to the efficient, effective and innovative delivery of relevant,
functional, and quality programs in teacher education, training, research and community
service.
(d) “Center of excellence” shall be a public or private college, institute, school or agency,
engaged in the pre-service and continuing education, formal and non-formal, of teachers
and top-notch educators, that has established and continues to maintain a good record in
teacher education (in terms of number of graduates and their performance in the
government examination for teachers and their professional achievement), research, and
community service; whose graduates are models of integrity, commitment and dedication in
education. The centers of excellence may exist by themselves or within a university or
college.

Sec. 3. Teacher Education Centers of Excellence. – There shall be identified, designated,

established and developed in strategic places in each of the regions of the country, one or
more centers of excellence for teacher education based on criteria listed hereunder,
assessed and adjudged by the Council. These centers of excellence shall be initially chosen
from among existing public and private educational institutions by the Teacher Education
Council created under this Act.

Should the need arise, certain centers of excellence for teacher education at the provincial
level may later be identified and developed.

The criteria for identifying schools and colleges as centers of excellence shall include the
following: (a) highly educated, professionally qualified and experienced faculty dedicated to
the Philosophy, mission, vision and goals of the institution and education; (b) well-settled
students; (c) adequate library, research and study facilities; (d) competent administrative
and support staff; (e) well-planned and relevant instructional programs; (f) adequate student
development programs; (g) adequate student services; (h) relevant extension service and
outreach programs; (i) percentage of graduates who become teachers; and (j) such other
criteria as may be established and operationalized by the Teacher Education Council.

The Teacher Education Centers of Excellence shall form a national network which in turn
shall network with elementary schools, high schools and/or parts thereof for laboratory
purposes.

Any center of excellence that is established shall be maintained for at least five (5) years
before any proposal or review is made to transfer it elsewhere.

Sec. 4. Objectives and Functions of a Center of Excellence. – The objectives and functions of
a center of excellence shall be to:

(a) Experiment and try out relevant and innovative pre-service teacher education/training
programs;

(b) Organize and coordinate collaborative research on identified areas for systematic
investigation in teacher education as basis for improving teacher education/training
programs;

(c) Serve as teacher resource center for curricular/instructional materials development;

(d) Serve as the center mode for networking specific data;

(e) Provide professional assistance to Teacher Education Institutions (TEIs) that have
expressed the need for such assistance;
(f) Encourage mutual support among TEIs in the region for upgrading their programs; and

(g) Facilitate and help expedite accreditation among TEIs.

Sec. 5. Creation of the Teacher Education Council. – There shall be a Teacher Education
Council composed of eleven (11) members with the Secretary of Education, Culture and
Sports as ex officio chairman, and three (3) other ex officio members, namely: a
Commissioner of the Commission on Higher Education (CHED), a representative of the
National Commission on Culture and Arts (NCAA), and the Chairman of the Professional
Regulations Commission (PRC).

The seven (7) regular members of the Council who shall be appointed by the President of
the Republic of the Philippines are:

(a) Three (3) representatives of centers of teacher education: one (1) from Luzon, one (1)
from the Visayas, and one (1) from Mindanao who shall take into account the views of the
parents-teachers and community associations, student associations, nongovernmental
organizations, and people organizations concerned with basic education;

(b) One (1) representative of science teachers;

(c) One (1) representative of mathematics teachers;

(d) One (1) representative of social studies teachers; and

(e) One (1) representative of language teachers.

The other officers of the Council shall be elected by the members from among the regular
members.

The members of the Council shall be serve without any compensation but shall be
reimbursed for actual and necessary expenses incurred by them in carrying out their duties
under this Act.

The Council shall meet at least four (4) times a year and hold such other meetings at the call
of the chairman or a majority of its members.

All regular members of the Council shall hold office for a period of three (3) years.

Sec. 6. Criteria for the Selection of Regular Council Members. – The criteria for the selection
of the regular Council members are as follows:

(a) Integrity;

(b) Expertise and experience in teacher education;

(c) Recognized as an expert, nationally or internationally; and

(d) Willingness to serve.

Sec. 7. Powers and Functions of the Council. – The Council shall have the following powers
and functions:
(a) To identify and designate among existing private and public schools, teacher education
institutions as Centers of Excellence for Teacher Education, at the national, regional, and
provincial levels;

(b) To formulate policies and standards that shall strengthen and improve the system of
teacher education in all existing public and private schools;

(c) Initiate a periodic review of curricula and programs for teacher education and training
through participatory methods, such as self-assessment by institutions;

(d) To adopt an adequate and effective system of incentives such as scholarship grants,
loan programs, subsidies, stipends and other similar benefits and incentives, in order to
attract and encourage outstanding high school graduates whether from public or private
schools, to pursue teacher education;

(e) To encourage the establishment of consortia and other cooperative arrangements

among teacher education schools, public or private, for greater efficiency and economy in
the use of resources;

(f) Design collaborative programs or projects that will enhance pre-service teacher training,
in-service training, re-training orientation and teacher development;

(g) To direct the conduct of relevant studies as may be needed in the formulation of policies
and in the planning and successful implementation of plans, programs and projects required
in attaining the purposes of this Act;

(h) To review existing and recommend new legislation and policies of the government in
order to improve teacher education and promote the welfare of teachers;

(i) To recommend appropriate measures to the President, Congress, and heads of other
government offices and agencies to improve, enhance and strengthen teacher education;
and

(j) To call upon any department, bureau, office, or government corporation, local
government unit and other concerned agencies for assistance in areas falling within their
mandate.

Sec. 8. Secretariat. – The Council shall organize and appoint a secretariat headed by an
executive director, that shall assist the Council in executing its policies and programs and
provide the necessary administrative support therefor.

Sec. 9. Active Participation of Local Government Units. – Local government units shall
include in their plans, programs, and projects the development and improvement of teacher
education through the centers of excellence in their respective regions.

Sec. 10. Appropriation. – The sum of One hundred million pesos (P100,000,000) is hereby
authorized to be appropriated from the income of duty-free shops or otherwise known as the
Trust Liability Account of the Department of Tourism, for the initial organizational and
developmental activities of the Centers and the Council: Provided, however, That not more
than five percent (5%) shall be devoted to Council’s expenses. Thereafter, such amount as
may be included in the annual budget of the Department of Education, Culture and Sports.
Sec. 11. Implementing Rules and Guidelines. – The Teacher Education Council created under
this Act shall promulgate the implementing rules and regulations sixty (60) days from the
approval of this Act.

Sec. 12. Repealing Clause. – All laws, presidential decrees, rules or regulations or parts
thereof inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

Sec. 13. Effectivity Clause. – This Act shall take effect upon its approval.

Approved, August 4, 1994.

REPUBLIC ACT NO. 8980

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 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 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 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 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(xii) 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 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 Sangguniang Kabataan 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
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 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

Approved, December 5, 2000.

PRESIDENTIAL DECREE NO. 1006

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

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

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

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

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

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

WHEREAS, to insure that in the immediacy and urgency of teacher recruitment qualitative
requirements are not overlooked, it has become necessary to regulate the teaching
profession;
WHEREAS, although teaching requires a number of years of collegiate study, it is the only
course that it is not yet considered a profession;

WHEREAS, in recognition of the vital role of teachers in nation-building and as an incentive

to raise the morale of teachers, it is imperative that they be considered as professionals and
teaching be recognized as a profession.

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

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

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

Section 2. Declaration of Policy. – It is hereby declared a policy that teacher education shall
be given primary concern and attention by the government and shall be of the highest
quality, and strongly oriented to Philippine conditions and to the needs and aspirations of
the Filipino people even as it seeks enrichment from adoptable ideas and practices of other
people.

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

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

(b) Teachers refers to all persons engaged in teaching at the elementary and secondary
levels, whether on a full-time or part-time basis, including guidance counsellors, 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

1. Chairman, Civil Service Commission – Co-Chairman

2. Commissioner, Professional Regulations Commission – Member

1. Two members representing the private sector to be appointed by the President –

Members

Section 5. Powers and Duties. – The Board shall have the following powers and duties:

(a) Appoint a set of examiners for every examination who will determine and prepare the
contents of the Board examination for teachers, hereinafter referred to as examination, in
the elementary and secondary levels of instruction, to be held at least once a year;
(b) Determine and fix the places and dates of examination, appoint supervisors and room
examiners from among the employees of the Government who shall be entitled to a daily
allowance to be fixed by the Board for every examination day actually attended, use the
buildings and facilities of public and private schools for examination purposes, approve
applications to take examination, and approve the release of examination results;

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

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

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

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

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

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

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

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

(b) That he is of good moral character;

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

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

(1) For teachers in the kindergarten and elementary grades, Bachelor’s degree in
Elementary Education (B.S.E.Ed.) or its equivalent;

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

(3) For teachers of secondary vocational and two-year technical courses, Bachelor’s degree
in the field of specialization with at least eighteen units in professional education.

All applications shall be filed with an office or offices designated by the Board, preferably the
offices of the Civil Service Commission and the Department of Education and Culture.
These offices shall screen and approve such applications and issue the corresponding
permits to take the examination to qualify applicants.

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

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

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

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

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

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

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

REPUBLIC ACT NO. 4670

THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS

I. DECLARATION OF POLICY – COVERAGE

Section 1. Declaration of Policy. – It is hereby declared to be the policy of this Act to promote
and improve the social and economic status of public school teachers, their living and
working conditions, their terms of employment and career prospects in order that they may
compare favorably with existing opportunities in other walks of life, attract and retain in the
teaching profession more people with the proper qualifications, it being recognized that
advance in education depends on the qualifications and ability of the teaching staff and that
education is an essential factor in the economic growth of the nation as a productive
investment of vital importance.

Section 2. Title – Definition. – This Act shall be known as the “Magna Carta for Public School
Teachers” and shall apply to all public school teachers except those in the professorial staff
of state colleges and universities.
As used in this Act, the term “teacher” shall mean all persons engaged in classroom
teaching, in any level of instruction, on full-time basis, including guidance counselors, school
librarians, industrial arts or vocational instructors, and all other persons performing
supervisory and/or administrative functions in all schools, colleges and universities operated
by the Government or its political subdivisions; but shall not include school nurses, school
physicians, school dentists, and other school employees.

II. RECRUITMENT AND CAREER

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

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

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

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

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

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

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

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

assured the teachers as provided under existing laws.

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

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

Where the exigencies of the service require the transfer of a teacher from one station to
another, such transfer may be effected by the school superintendent who shall previously
notify the teacher concerned of the transfer and the reason or reasons therefor. If the
teacher believes there is no justification for the transfer, he may appeal his case to the
Director of Public Schools or the Director of Vocational Education, as the case may be.
Pending his appeal and the decision thereon, his transfer shall be held in abeyance:
provided, however, that no transfers whatever shall be made three months before any local
or national election.

Necessary transfer expenses of the teacher and his family shall be paid for by the
Government if his transfer is finally approved.

Section 7. Code of Professional Conduct for Teachers. – Within six months from the approval
of this Act, the Secretary of Education shall formulate and prepare a Code of Professional
Conduct for Public School Teachers. A copy of the Code shall be furnished each teacher:
provided, however, that where this is not possible by reason of inadequate fiscal resources
of the Department of Education, at least three copies of the same Code shall be deposited
with the office of the school principal or head teacher where they may be accessible for use
by the teachers.

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

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

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

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

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

d. the right to appeal to clearly designated authorities.

No publicity shall be given to any disciplinary action being taken against a teacher during
the pendency of his case.

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

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

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

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

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

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

III. HOURS OF WORK AND REMUNERATION

Section 13. Teaching Hours. – Any teacher engaged in actual classroom instruction shall not
be required to render more than six hours of actual classroom teaching a day, which shall be
so scheduled as to give him time for the preparation and correction of exercises and other
work incidental to his normal teaching duties: provided, however, that where the exigencies
of the service so require, any teacher may be required to render more than six hours but not
exceeding eight hours of actual classroom teaching a day upon payment of additional
compensation at the same rate as his regular remuneration plus at least twenty-five per
cent of his basic pay.

Section 14. Additional Compensation. – Notwithstanding any provision of existing law to the

contrary, co-curricula and out of school activities and any other activities outside of what is
defined as normal duties of any teacher shall be paid an additional compensation of at least
twenty-five per cent of his regular remuneration after the teacher has completed at least six
hours of actual classroom teaching a day.

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

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

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

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

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

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

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

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

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

Section 19. Special Hardship Allowances. – In areas in which teachers are exposed to

hardship such as difficulty in commuting to the place of work or other hazards peculiar to
the place of employment, as determined by the Secretary of Education, they shall be
compensated special hardship allowances equivalent to at least twenty-five per cent of their
monthly salary.

Section 20. Salaries to be Paid in Legal Tender. – Salaries of teachers shall be paid in legal
tender of the Philippines or its equivalent in checks or treasury warrants. Provided, however,
that such checks or treasury warrants shall be cashable in any national, provincial, city or
municipal treasurer’s office or any banking institutions operating under the laws of the
Republic of the Philippines.

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

IV. HEALTH MEASURES AND INJURY BENEFITS

Section 22. Medical Examination and Treatment. – Compulsory medical examination shall be

provided free of charge for all teachers before they take up teaching, and shall be repeated
not less than once a year during the teacher’s professional life. Where medical examination
show that medical treatment and/or hospitalization is necessary, same shall be provided
free by the government entity paying the salary of the teachers.
In regions where there is scarcity of medical facilities, teachers may obtain elsewhere the
necessary medical care with the right to be reimbursed for their traveling expenses by the
government entity concerned in the first paragraph of this Section.

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

consequences of employment injuries in accordance with existing laws. The effects of the
physical and nervous strain on the teacher’s health shall be recognized as a compensable
occupational disease in accordance with existing laws.

V. LEAVE AND RETIREMENT BENEFITS

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

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

Section 25. Indefinite Leave. – An indefinite sick leave of absence shall be granted to

teachers when the nature of the illness demands a long treatment that will exceed one year
at the least.

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

VI. TEACHER’S ORGANIZATION

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

Section 28. Discrimination Against Teachers Prohibited. – The rights established in the

immediately preceding Section shall be exercised without any interference or coercion. It
shall be unlawful for any person to commit any acts of discrimination against teachers which
are calculated to (a) make the employment of a teacher subject to the condition that he
shall not join an organization, or shall relinquish membership in an organization, (b) to cause
the dismissal of or otherwise prejudice a teacher by reason of his membership in an
organization or because of participation in organization activities outside school hours, or
with the consent of the proper school authorities, within school hours, and (c) to prevent him
from carrying out the duties laid upon him by his position in the organization, or to penalize
him for an action undertaken in that capacity.

Section 29. National Teacher’s Organizations. – National teachers’ organizations shall be

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

VII. ADMINISTRATION AND ENFORCEMENT

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

Section 31. Budgetary Estimates. – The Secretary of Education shall submit to Congress

annually the necessary budgetary estimates to implement the provisions of the Act
concerning the benefits herein granted to public school teachers under the employ of the
National Government.

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

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

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

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

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

Approved, June 18, 1966.

REPUBLIC ACT NO. 7836

AN ACT TO STRENGTHEN THE REGULATION AND SUPERVISION OF THE PRACTICE
OF TEACHING IN THE PHILIPPINES AND PRESCRIBING A LICENSURE EXAMINATION
FOR TEACHERS AND FOR OTHER PURPOSES

ARTICLE I
TITLE

SECTION 1. Short Title. – This Act shall be known as the “Philippine Teachers
Professionalization Act of 1994.”
Sec. 2. Statement of Policy. – The State recognizes the vital role of teachers in nation-
building and development through a responsible and literate citizenry.Towards this end, the
State shall ensure and promote quality education by proper supervision and regulation of
the licensure examination and professionalization of the practice of the teaching profession.

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

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

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

Sec. 4. Definition of Terms. – For purposes of this Act, the following terms shall mean:

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

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

(c) “Board” – refers to the Board for Professional Teachers duly established and constituted
under this Act.

(d) “Commission” – refers to the Professional Regulation Commission.

ARTICLE II
BOARD FOR PROFESSIONAL TEACHERS

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

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

Sec. 6. Duties and Function of the Board. – The Board shall have the following duties and
functions:
(a) Promulgate, administer and enforce rules and regulations necessary for carrying out the
provisions of this Act in accordance with the charter of the Professional Regulation
Commission;

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

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

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

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

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

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

(h) Adopt an official seal of the Board;

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

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

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

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

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.

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 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
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 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.

AN ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED SEVENTY-

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

Section 1. Sec. 15, (e) (3) of Republic Act No. 7836 is hereby amended as follows:

“Sec. 15. Qualification Requirements of Applicant. â€“ No applicant shall be admitted to

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

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

possesses the minimum educational qualifications, as follows:

(1) For teachers in preschool, a bachelor’s degree in early childhood education (BECED) or
its equivalent;

(2) For teachers in the secondary grades, a bachelor’s degree in elementary education
(BSEED) or its equivalent;

(3) For teachers in the secondary grades, a bachelor’s degree in education or its equivalent
with a major and minor, or a bachelor degree in arts and sciences with at least eighteen (18)
units in professional education; and

(4) For teachers of vocational and two-year technical courses, a bachelor’s degree in the
field of specialization or its equivalent, with at least eighteen (18) units in professional
education,”
Sec. 2. Sec. 26 of the same Act is hereby amended to read as follows:

“Sec 26. Registration and Exception.  – No person shall engage in teaching and/or act as a
professional teacher as defined in this Act. whether in the preschool, elementary or
secondary level, unless the person is a duly registered professional teacher, and a holder of
a valid certificate of registration and a valid professional license or a holder of a valid
special/temporary permit.

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

(a) A holder of a certificate of eligibility as a teacher issued by the Civil Service Commission
and the Department of Education, Culture and Sports; or

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

Professional teachers who have not practiced their profession for the past five (5) years
shall take at least twelve (12) units of education courses, consisting of a least six (6) units of
pedagogy and six (6) units of context courses or the equivalent training and number 1 hours
to be chosen from a list of courses to be provided by the Board and the Department of
Education, before they can be allowed to practice their profession in the country.

Those who have failed the licensure examination for professional teachers, with a rating of
not lower than five percentage points from the passing general average rating, shall be
eligible as para-teachers upon issuance by the Board of a two-year special permit,
renewable for a non-extendible period of two (2) years The para-teachers shall be assigned
to areas where there is a shortage or absence of a professional teacher, as identified and
provided by the Department of Education and the Autonomous Region for Muslim Mindanao
(ARMM) education department to the Board for professional teachers and to the
Commission. The special permit shall indicate the area of assignment of the para-teacher.

A special permit may also be issued by the Board to a person who has excelled and gained
international recognition and is a widely acknowledged expert in his or her respective field
of specialization.”

Sec. 3. Sec. 31 of the same Act is hereby amended to read as follows:

“Sec. 31. Transitory Provision.  – Special permits, with a validity of three (3) and five (5)
years. issued to para-teachers by the Board for Professional Teachers before the effectivity
of this Act shall be allowed to expire based on the period granted therein: Provided, That
only special permits with a validity of three (3) years maybe renewed upon expiration for a
non-extendible period of two (2) years.”

Sec. 4. References to the term “Department of Education, Culture and Sports”, in Sec. 4 (a)
and Sec. 25, and the term “DECS” in Sec. 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 Sec. or provision of this Act or the
application of such Sec. in provision to any person in circumstance is declared
unconstitutional or invalid, no other Sec. or provision of this Act shall be affected thereby.

Sec. 6. Repealing Clause. – All laws, decrees, circulars, administrative orders, rules and
regulations, and other issuances which are inconsistent with the provisions of this Act am
hereby repealed or modified accordingly.

Sec. 7. Effectivity. â€“ This Act shall take effect upon approval.

Approved, April 21, 2004.

REPUBLIC ACT NO. 8190

AN ACT GRANTING PRIORITY TO RESIDENTS OF THE BARANGAY, MUNICIPALITY OR
CITY WHERE THE SCHOOL IS LOCATED, IN THE APPOINTMENT OR ASSIGNMENT OF
CLASSROOM PUBLIC SCHOOLTEACHERS

Section 1. In the appointment or assignment of teachers to public elementary or secondary

schools, priority shall be given to bona fideresidents of the barangay, municipality, city or
province where the school is located: Provided, That the teacher possesses all the minimum
qualifications for the position as required by law.

Protests regarding the appointment or assignment of classroom public schoolteachers shall

prescribe in three (3) months upon the issuance of such appointments or assignment.

Sec. 2. In the exercise of its disciplinary authority, the Secretary of Education, Culture and
Sports shall impose the following administrative sanctions for any willful violation of this Act:
(1) first violation – suspension of one (1) month without pay; (2) second violation –
suspension of two (2) months without pay; and (3) third violation and subsequent violations
hereof – suspension of six (6) months without pay.

Sec. 3. The Department of Education, Culture and Sports (DECS) shall prescribe the rules
and regulations necessary to implement this Act. The DECS shall provide the senate and the
House of Representatives a copy of the rules and regulations within ninety (90) days after
approval of this Act.

Sec. 4. All laws, decrees, executive orders, rules and regulations, or parts thereof
inconsistent with this Act are hereby repealed or modified accordingly.

Sec. 5. This Act shall take effect fifteen (15) days after its complete publication in the Official
Gazette or in at least two (2) newspapers of general circulation.

Approved, June 11, 1996.

Republic Act No. 6713

AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL STANDARDS FOR
PUBLIC OFFICIALS AND EMPLOYEES, TO UPHOLD THE TIME-HONORED PRINCIPLE
OF PUBLIC OFFICE BEING A PUBLIC TRUST, GRANTING INCENTIVES AND REWARDS
FOR EXEMPLARY SERVICE, ENUMERATING PROHIBITED ACTS AND TRANSACTIONS
AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

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

Section 2. Declaration of Policies. – It is the policy of the State to promote a high standard of
ethics in public service. Public officials and employees shall at all times be accountable to
the people and shall discharge their duties with utmost responsibility, integrity, competence,
and loyalty, act with patriotism and justice, lead modest lives, and uphold public interest
over personal interest.

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

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

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

(c) “Gift” refers to a thing or a right to dispose of gratuitously, or any act or liberality, in
favor of another who accepts it, and shall include a simulated sale or an ostensibly onerous
disposition thereof. It shall not include an unsolicited gift of nominal or insignificant value
not given in anticipation of, or in exchange for, a favor from a public official or employee.

(d) “Receiving any gift” includes the act of accepting directly or indirectly, a gift from a
person other than a member of his family or relative as defined in this Act, even on the
occasion of a family celebration or national festivity like Christmas, if the value of the gift is
neither nominal nor insignificant, or the gift is given in anticipation of, or in exchange for, a
favor.

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

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

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

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

(i) “Conflict of interest” arises when a public official or employee is a member of a board, an
officer, or a substantial stockholder of a private corporation or owner or has a substantial
interest in a business, and the interest of such corporation or business, or his rights or duties
therein, may be opposed to or affected by the faithful performance of official duty.
(j) “Divestment” is the transfer of title or disposal of interest in property by voluntarily,
completely and actually depriving or dispossessing oneself of his right or title to it in favor of
a person or persons other than his spouse and relatives as defined in this Act.

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

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

(a) Commitment to public interest. – Public officials and employees shall always uphold the
public interest over and above personal interest. All government resources and powers of
their respective offices must be employed and used efficiently, effectively, honestly and
economically, particularly to avoid wastage in public funds and revenues.

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

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

(d) Political neutrality. – Public officials and employees shall provide service to everyone
without unfair discrimination and regardless of party affiliation or preference.

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

(f)  Nationalism and patriotism. – Public officials and employees shall at all times be loyal to
the Republic and to the Filipino people, promote the use of locally produced goods,
resources and technology and encourage appreciation and pride of country and people.
They shall endeavor to maintain and defend Philippine sovereignty against foreign intrusion.
(g) Commitment to democracy.  – Public officials and employees shall commit themselves to
the democratic way of life and values, maintain the principle of public accountability, and
manifest by deeds the supremacy of civilian authority over the military. They shall at all
times uphold the Constitution and put loyalty to country above loyalty to persons or party.

(h) Simple living. – Public officials and employees and their families shall lead modest lives
appropriate to their positions and income. They shall not indulge in extravagant or
ostentatious display of wealth in any form.

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

Section 5. Duties of Public Officials and Employees. – In the performance of their duties, all
public officials and employees are under obligation to:

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

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

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

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

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

Section 6. System of Incentives and Rewards. – A system of annual incentives and rewards is
hereby established in order to motivate and inspire public servants to uphold the highest
standards of ethics. For this purpose, a Committee on Awards to Outstanding Public Officials
and Employees is hereby created composed of the following: the Ombudsman and Chairman
of the Civil Service Commission as Co-Chairmen, and the Chairman of the Commission on
Audit, and two government employees to be appointed by the President, as members.

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

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

Section 7. Prohibited Acts and Transactions. – In addition to acts and omissions of public
officials and employees now prescribed in the Constitution and existing laws, the following
shall constitute prohibited acts and transactions of any public official and employee and are
hereby declared to be unlawful:

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

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

(1) Own, control, manage or accept employment as officer, employee, consultant, counsel,
broker, agent, trustee or nominee in any private enterprise regulated, supervised or
licensed by their office unless expressly allowed by law;

(2) Engage in the private practice of their profession unless authorized by the Constitution
or law, provided, that such practice will not conflict or tend to conflict with their official
functions; or

(3) Recommend any person to any position in a private enterprise which has a regular or
pending official transaction with their office.

These prohibitions shall continue to apply for a period of one (1) year after resignation,
retirement, or separation from public office, except in the case of subparagraph (b) (2)
above, but the professional concerned cannot practice his profession in connection with any
matter before the office he used to be with, in which case the one-year prohibition shall
likewise apply.
(c)  Disclosure and/or misuse of confidential information.  – Public officials and employees
shall not use or divulge, confidential or classified information officially known to them by
reason of their office and not made available to the public, either:

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

(2) To prejudice the public interest.

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

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

(i) The acceptance and retention by a public official or employee of a gift of nominal value
tendered and received as a souvenir or mark of courtesy;

(ii) The acceptance by a public official or employee of a gift in the nature of a scholarship or
fellowship grant or medical treatment; or

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

The Ombudsman shall prescribe such regulations as may be necessary to carry out the
purpose of this subsection, including pertinent reporting and disclosure requirements.

Nothing in this Act shall be construed to restrict or prohibit any educational, scientific or
cultural exchange programs subject to national security requirements.

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

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

The two documents shall contain information on the following:

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

(b) personal property and acquisition cost;

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

(d) liabilities, and;

(e) all business interests and financial connections.

The documents must be filed:

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

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

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

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

Husband and wife who are both public officials or employees may file the required
statements jointly or separately.

The Statements of Assets, Liabilities and Net Worth and the Disclosure of Business Interests
and Financial Connections shall be filed by:

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

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

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

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

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

(B) Identification and disclosure of relatives. – It shall be the duty of every public official or
employee to identify and disclose, to the best of his knowledge and information, his relatives
in the Government in the form, manner and frequency prescribed by the Civil Service
Commission.
(C) Accessibility of documents. – (1) Any and all statements filed under this Act, shall be
made available for inspection at reasonable hours.

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

(3) Any person requesting a copy of a statement shall be required to pay a reasonable fee to
cover the cost of reproduction and mailing of such statement, as well as the cost of
certification.

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

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

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

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

Section 9. Divestment. – A public official or employee shall avoid conflicts of interest at all
times. When a conflict of interest arises, he shall resign from his position in any private
business enterprise within thirty (30) days from his assumption of office and/or divest
himself of his shareholdings or interest within sixty (60) days from such assumption.

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

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

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

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

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

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

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

(b) Any violation hereof proven in a proper administrative proceeding shall be sufficient
cause for removal or dismissal of a public official or employee, even if no criminal
prosecution is instituted against him.

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

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

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

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

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

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

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

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

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

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

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

Approved, February 20, 1989.

REPUBLIC ACT NO. 5447

AN ACT CREATING A SPECIAL EDUCATION FUND TO BE CONSTITUTED FROM THE
PROCEEDS OF AN ADDITIONAL REAL PROPERTY TAX AND A CERTAIN PORTION OF
THE TAXES ON VIRGINIA-TYPE CIGARETTES AND DUTIES ON IMPORTED LEAF
TOBACCO, DEFINING THE ACTIVITIES TO BE FINANCED, CREATING SCHOOL
BOARDS FOR THE PURPOSE, AND APPROPRIATING FUNDS THEREFROM

SECTION 1. Declaration of policy; creation of Special Education Fund. – It is hereby declared

to be the policy of the government to contribute to the financial support of the goals of
education as provided by the Constitution. For this purpose, there is hereby created a
Special Education Fund, hereinafter referred to as the Fund, to be derived from the
additional tax on real property and from a certain portion of the taxes on Virginia-type
cigarettes and duties on imported leaf tobacco, hereinafter provided for, which shall be
expended exclusively for the following activities of the Department of Education:

(a) the organization and operation of such number of extension classes as may be needed
to accommodate all children of school age desiring to enter Grade I, including the creation
of positions of classroom teachers, head teachers and principals for such extension classes,
which shall not exceed the standard requirements of the Bureau of Public Schools:  Provided,
That under equal circumstances, in the opening of such extension classes, priority shall be
given to the needs of barrios;

(b) the programming of the construction and repair of elementary school buildings,
acquisition of sites, and the construction and repair of workshops and similar buildings and
accessories thereof to house laboratory, technical and similar equipment and apparatus
needed by public schools offering practical arts, home economics and vocational courses,
giving priority to elementary schools on the basis of the actual needs and total requirements
of the country:  Provided, That the construction and repair shall be undertaken by the
Bureau of Public Works in coordination with the Bureau of Public Schools or Bureau of
Vocational Education, as the case may be, and the local school board: Provided, further,
That in cases where the cost of the school project does not exceed ten thousand pesos the
construction and repair may be undertaken by negotiated contract by the Parents-Teachers
Association or by the barrio councils concerned under the supervision and direction of the
Bureau of Public Works;

(c) the payment and adjustment of salaries of public school teachers under and by virtue of
Republic Act Numbered Five thousand one hundred sixty-eight and all the benefits in favor
of public school teachers provided under Republic Act Numbered Four thousand six hundred
seventy;

(d) the preparation, printing and/or purchase of textbooks, teachers’ guides, forms and
pamphlets, approved in accordance with existing laws to be used in all public schools;

(e) the purchase and/or improvement, repair and refurbishing of machinery, laboratory,
technical and similar equipment and apparatus, including spare parts needed by the Bureau
of Vocational Education and secondary schools offering vocational courses;

(f) the establishment of a printing plant to be used exclusively for the printing needs of the
Department of Education and the improvement of regional printing plants in the vocational
schools;

(g) the purchase of teaching materials such as workbooks, atlases, flip charts, science and
mathematics teaching aids, and simple laboratory devices for elementary and secondary
classes;

(h) the implementation of the existing program for citizenship development in barrio high
schools, folk schools and adult education classes;

(i) the undertaking of education research, including that of the Board of National Education;

(j) the granting of government scholarships to poor but deserving students under Republic
Act Numbered Four thousand ninety; and

(k) the promotion of physical education, such as athletic meets.

SECTION 2. Financing sources of the Fund. – This Fund shall consist of the proceeds of the
following taxes:

(a) a portion of the taxes on Virginia-type cigarettes and duties on imported leaf tobacco;
and

(b) an additional tax on real property.

SECTION 3. Allocation of the taxes on Virginia-type cigarettes and the duties on imported
leaf tobacco. – The entire collection from specific taxes on locally-manufactured Virginia-
type cigarettes and tariff duties on imported leaf tobacco shall be allocated as follows:

The share of the local governments in the regular internal revenue allotment as provided for
in Commonwealth Act Numbered Four hundred eighty-six, as amended by Republic Act
Numbered Seven hundred eighty-one, as further amended by Republic Act Numbered Five
thousand one hundred eighty-five, shall be computed and set aside for distribution to local
governments in accordance with existing laws.
One per centum of the entire collection shall be retained by the Bureau of Internal Revenue
for the purchase of strip stamps, apparatus, equipment, as well as improvement and
adoption of modern methods for the effective enforcement and collection of the specific
taxes mentioned in this section.

The balance shall be distributed as follows: ten per centum to the national share of the
Fund; forty per centum to the Philippine Virginia Tobacco Administration Tobacco Fund
created under Republic Act Numbered Four thousand one hundred fifty-five; and fifty per
centum to the general fund of the National Government.

SECTION 4. Imposition of additional tax on real property; disposition of proceeds. – There is

hereby imposed an annual additional tax of one per centum on the assessed value of real
property in addition to the real property tax regularly levied thereon under existing
laws: Provided, That when the entire total assessed valuation of real property assessable to
any one person is not in excess of three thousand pesos, the additional tax thereon shall not
be collected: Provided, further, That the total real property tax shall not exceed a maximum
of three per centum.

Article three of Commonwealth Act Numbered Four hundred seventy and the pertinent
provisions of the corresponding charters of chartered cities to the contrary notwithstanding,
the basic and the additional real property tax shall be due and payable in four equal
installments; the first installment shall be due and payable on or before March 31; the
second installment, on or before June 30; the third installment, on or before September 30;
and the last installment, on or before December 31.

The assessment already made or to be made under Commonwealth Act Numbered Four
hundred seventy and under other applicable laws shall constitute the basis for assessment
and collection of the additional levy under this Act. It shall be collected by the municipal or
city treasurer where the real property is situated and distributed as follows:

A. Collections in the municipalities:

(1) Fifty per cent shall be retained by the municipality;

(2) Twenty per cent shall be remitted to the provincial treasurer of the province; and

(3) Thirty per cent shall be remitted to the Treasurer of the Philippines to be expended
exclusively for stabilizing the Special Education Fund in the municipalities, cities and
provinces under Section seven of this Act.

B. Collections in the cities;

(1) Sixty per cent shall be retained by the city; and

(2) Forty per cent shall be remitted to the Treasurer of the Philippines to be expended
exclusively for stabilizing the Special Education Fund in municipalities, cities and provinces
under Section seven of this Act.

SECTION 5. Creation of Local School Boards. – In every province, city or municipality, there
shall be established a Provincial School Board, City School Board, or Municipal School Board,
respectively, which shall be composed of the following:
A. Provincial School Board:

(1) Division Superintendent of Schools – Chairman

(2) Representative of the Provincial Governor

(3) Provincial Treasurer

(4) The Representative of the Provincial Board to be chosen by the Board from among its
members.

(5) The President or the duly-elected representative of the League of Parents-Teachers

Associations.

B. City School Board:

(1) City Superintendent of Schools – Chairman

(2) Representative of the City Mayor

(3) City Treasurer

(4) The Representative of the City Council chosen by the Council from among its members

(5) The President or the duly-elected representative of the League of Parents-Teachers

Associations.

C. Municipal School Board:

(1) District Supervisor – Chairman

(2) Representative of the Municipal Mayor

(3) Municipal Treasurer

(4) The Representative of the Municipal Council chosen by the Council from among the
members of the Council

(5) The President or the duly-elected representative of the League of Parents-Teachers

Associations.

The performance of the duties and responsibilities of the above-named persons once
appointed or nominated shall not be delegated.

SECTION 6. Functions of provincial, city or municipal school boards. – Provincial, city and
municipal school boards shall have the following functions:

(a) Determine, in accordance with the criteria set by the Bureau of Public Schools or by the
Bureau of Vocational Education, as the case may be, and approved by the Secretary of
Education, the annual budgetary needs for the operation and maintenance of public schools
within the province, city or municipality and the cost of adequately meeting such needs
which shall be prepared in the form of an annual school budget corresponding to their
respective shares of the proceeds of the additional real property tax.
(b) Apply to the Bureau of Public Schools or to the Bureau of Vocational Education, as the
case may be, through the Division Superintendent of Schools or Superintendent of
Vocational Education, for a share in the fund established under Section 4A (3) and 4B (2)
hereof, which share, upon approval of the application therefor, shall be remitted to the
provincial, city or municipal treasurer concerned.

(c) Authorize the provincial, city or municipal treasurer as the case may be, to disburse
funds from the provincial, city or municipal share in the Special Education Fund pursuant to
the budget prepared under Section seven hereof and in accordance with the rules and
regulations to be promulgated under Section ten of this Act; and

(d) Discharge such other functions and duties as the Bureau of Public Schools or the Bureau
of Vocational Education, as the case may be, may assign to them.

The chairman and members of the provincial, city or municipal school boards, shall perform
their duties as such without compensation or remuneration: Provided, however, That
members thereof who are not government officials shall be entitled to necessary travelling
expenses chargeable against their corresponding funds. The boards shall meet at least once
a month or as often as the chairman or majority of the members shall convene the same.
Three shall form a quorum and the chairman must always be present when the special
school budget is being prepared: Provided, That the affirmative vote of three shall be
necessary to approve the budget.

SECTION 7. Expenditure of the Special Education Fund. – Each school board shall prepare
not later than August 15 each year the budget of receipts and expenditures for the ensuing
fiscal year to carry out the purpose of this Act. Budgets prepared and approved in
accordance with Republic Act Numbered Five thousand one hundred sixty-eight and other
existing laws, administrative rules and regulations by provincial, city or municipal school
boards shall be final and executory upon approval of the budget by the boards unless an
appropriate appeal is taken within fifteen days from the date of the approval of the budget
with the Director of Public Schools or the Director of the Bureau of Vocational Education, as
the case may be, for final decision within thirty days upon receipt of the appeal under rules
and regulations to be promulgated by the Secretary of Education. Any school need which
cannot be covered by the budget of receipts and expenditures shall be forwarded to the
Department of Education, through the Bureau of Public Schools or the Bureau of Vocational
Education, as the case may be, together with the approved special budget for the ensuing
fiscal year for its information.

Expenditure of the share of the National Government out of the Special Education Fund shall
be in pursuance of appropriations made by the law which shall be included in the budgets of
the Bureau of Public Schools and the Bureau of Vocational Education in the annual General
Appropriations Acts:Provided, however, That in allocating the Fund corresponding to the
National Government, the Department of Education shall follow a schedule of priorities
starting with the municipalities, cities or provinces belonging to the lowest classification
made by the Department of Finance under Section two thousand one hundred seventy-one
of the Revised Administrative Code, as amended by Section one of Republic Act Numbered
Two thousand three hundred sixty-eight: Provided, finally, That starting with the fourth year
from the approval of this Act, municipalities, cities and provinces enjoying priority shall
continue to be entitled thereto provided their total collection from real estate taxes during
the preceding three fiscal years shall have increased by an average of at least fifteen per
cent.

The collections accruing to the said Fund during the fiscal year ending June 30, 1969, are
hereby appropriated to fund the appropriations from the general and bond funds for the
Bureau of Public Schools and the Bureau of Vocational Education which cannot be
programmed for expenditure for lack of funds: Provided, That the following sums are hereby
appropriated strictly in accordance with the following schedule of priorities:

(a) Twenty million pesos, or so much thereof as may be necessary, for the adjustment and
payment of salaries of public school teachers under Republic Act Numbered Five thousand
one hundred sixty-eight;

(b) Five million pesos, or so much thereof as may be necessary, for the repair of school
buildings and building accessories;

(c) Five million pesos, or so much thereof as may be necessary, as aid to barrio high
schools;

(d) Two million pesos, or so much thereof as may be necessary, for the granting of
government scholarships to poor but deserving students under Republic Act Numbered Four
thousand ninety;

(e) Four million pesos, or so much thereof as may be necessary, for the acquisition and
establishment of an adequate printing plant to be used exclusively for the printing of
textbooks, teaching materials and other printing needs of the Department of
Education: Provided, That the operation and maintenance of the said printing plant shall be
undertaken by the Bureau of Printing;

(f) One million pesos, or so much thereof as may be necessary, for expenses in connection
with the holding of the Bureau of Public Schools 1969 Interscholastic Meet; and

(g) Five hundred thousand pesos, or so much thereof as may be necessary, for education
research, including that of the Board of National Education.

SECTION 8. Administrative provisions. – All administrative, special and general provisions of

law, including those pertaining to the assessment, remission, collection, and refund of real
property taxes not inconsistent with the provisions of this Act are made applicable in respect
to the additional tax on real property.

SECTION 9. Turnover of the collections; release of the Fund is ministerial. – The municipal or
city treasurers concerned shall retain the shares of the municipal or city government and
turn over the portions of their collections of the taxes and penalties mentioned in Section
four hereof appertaining, as the case may be, to the provincial government and/or to the
National Government to the respective treasurers thereof monthly within fifteen days of
every succeeding month. No portion of the collections may be transferred or diverted to the
general or any of other fund of the National Government, provinces, cities or municipalities,
or used or expended for any purpose other than those specified in this Act. It shall be the
ministerial duty of the Budget Commissioner, the Treasurer of the Philippines, all municipal,
provincial and city treasurers, as well as of the officials and employees under their
supervision and control to effect releases from the Fund within fifteen days from receipt of
the order and/or authorization by the Secretary of Education, in respect to the share of the
National Government from the Fund, and by the municipal, city or provincial school boards,
in respect to their respective shares from the Fund.

SECTION 10. Rules and Regulations. – The Secretary of Education and the Secretary of
Finance, upon the recommendation of the Director of Public Schools, the Director of
Vocational Education and the Treasurer of the Philippines, as the case may be, shall
promulgate all rules and regulations for the effective enforcement of the provisions of this
Act pertaining to their respective jurisdictions, and shall cause the same to be published
within fifteen days from promulgation, in three newspapers of general circulation in the
Philippines and shall take effect as such, fifteen days after their publication.

SECTION 11. Penal provision. – Any person who fails or refuses to turn over collections of the
taxes and penalties mentioned in this Act within the period fixed in Section nine hereof, or
who delays, obstructs, or prevents the same; or who fails or refuses to effect releases from
the Fund within the period fixed in Section nine hereof, or who delays, obstructs or prevents
the same; or who orders, causes, or effects the transfer or diversion of the collections of this
Fund or any portion thereof, shall be punished with a fine not exceeding ten thousand pesos
or imprisonment not exceeding six years, or both, in the discretion of the court. If the
offender is a government official or employee, he shall, in addition, be dismissed from the
service with prejudice to reinstatement and with disqualification for election or appointment
to any public office.

SECTION 12. Separability clause. – The provisions of this Act are hereby declared to be
separable, and in the event any part, section or provision of this Act is held invalid or
unconstitutional, no other part, section or provision thereof shall be affected thereby.

SECTION 13. Repealing clause. – All Acts, parts of Acts, executive orders, ordinances, rules
and regulations which are inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.

SECTION 14. Effectivity. – This Act shall take effect on January first, nineteen hundred and
sixty-nine except the allocation under Section three which shall take effect upon approval of
this Act.

Approved, September 25, 1968.

REPUBLIC ACT NO. 6655

AN ACT ESTABLISHING AND PROVIDING FOR A FREE PUBLIC SECONDARY
EDUCATION AND FOR OTHER PURPOSES

Section 1. Title. – This Act shall be known as the “Free Public Secondary Education Act of
1988.”

Section 2. Declaration of Policy. – It is the policy of the State to provide for a free public
secondary education to all qualified citizens and to promote quality education at all levels.

Section 3. Definitions. – For purposes of this Act, the following terms shall mean:
a) Free Public Secondary Education. – Means that the students enrolled in secondary course
offerings in national high schools, general comprehensive high schools, trade, technical,
vocational, fishery and agricultural schools, and in schools established, administered,
maintained and funded by local government units, including city, provincial municipal and
barangay high schools, and those public high schools which may be established by law, shall
be free from payment of tuition and other schools fees;

b) Tuition Fee. – Refers to the fee representing direct costs of instruction, training and other
related activities and for the students’ use of the instruction and training facilities;

c) Other School Fees. – Refer to those fees which cover the other necessary costs supportive
of instruction, including but not limited to medical and dental, athletic, library, laboratory
and Citizens Army Training (CAT) fees.

However, fees elated to membership in the school community such as identification cards,
student organizations and publications may be collected, provided that nonpayment to
these fees shall not in any case be a bar to the enrollment or graduation of any student.

Section 4. Implementation of Free Public Secondary Education. – The system of free public
secondary education as provided in this Act shall commence in School Year 1988-1989, and
that the students enrolled in secondary course offerings in national and general
comprehensive high schools, state colleges and universities, specialized schools, trade,
technical, vocational, fishery and agricultural schools and in schools which may be
established by law, shall be free from payment of tuition and other school fees, except fees
related to membership in the school community such as identification cards, student
organizations and publication which may be collected: provided, that nothing in this Act
shall cause or authorize the reduction or removal of any benefit which the national or local
government may have granted to the students, teachers and other school personnel of
these public high schools prior to the enactment of this Act.

Section 5. Formulation of a Secondary Education Curriculum. – The Department of

Education, Culture and Sports shall formulate a secondary education curriculum in order to
upgrade its quality, efficiency and access. In addition to providing the high school students
with general skills, knowledge and values, such a curriculum must include vocational and
technical courses that will give the students gainful employment.

Section 6. Limitation. – The right of any student to avail of free public high school shall
terminate if he fails for two (2) consecutive school years in the majority of the academic
subjects in which he is enrolled during the course of his study unless such failure is due to
some valid cause.

Section 7. Nationalization of Public Secondary Schools. – To effectively implement the

system, the establishment, renaming, conversion, integration, separation, administration,
supervision and control of all public secondary schools and public secondary school teachers
and other school personnel, including the payment of their salaries allowances and other
fringe benefits as well as those already provided by local governments are hereby vested in
the Department of Education, Culture and Sports.
Section 8. Priority in Admission. – Graduates of public elementary schools in a municipality
shall be given priority in admission when the present facilities in the same municipality
cannot accommodate all of those applying for enrollment in the public high schools.

Section 9. Implementing Rules and Regulations. – The Secretary of Education, Culture and
Sports shall issue the necessary rules and regulations to implement this Act.

Section 10. Funding. – The President is hereby authorized to realign or transfer any item of
appropriation within the Department of Education, Culture and Sports. and/or utilize any
savings therein to carry out the purposes of this Act. Whatever additional amount as may be
needed for its implementation shall be included in the General Appropriations Acts for the
ensuing fiscal years.

Section 11. 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 12. Effectivity. – This Act shall take effect upon its approval.

Approved, May 26, 1988.

REPUBLIC ACT NO. 6728

AN ACT PROVIDING GOVERNMENT ASSISTANCE TO STUDENTS AND TEACHERS IN
PRIVATE EDUCATION, AND APPROPRIATING FUNDS THEREFOR

Section 1. Title. – This Act shall be known as the “Government Assistance To Students and
Teachers In Private Education Act.”

Section 2. Declaration of Policy. – It is declared policy of the State in conformity with the
mandate of the Constitution, to promote and make quality education accessible to all
Filipino citizens. The State also hereby recognizes the complementary roles of public and
private educational institutions in the educational system and the invaluable contribution
that the private schools have made and will make to education. For these purposes, the
State shall provide the mechanisms to improve quality in private education by maximizing
the use of existing resources of private education, recognizing in the process the
government responsibility to provide basic elementary and secondary education as having
priority over its function to provide for higher education.

Section 3. Criteria for Assistance. – The programs for assistance shall be based on a set of
criteria which shall include, among others, tuition fees charged by the schools, the socio-
economic needs of each region, overall performance of the schools, the academic
qualifications and the financial needs of the students, as well as the geographic spread and
size of student population.

In addition to the foregoing criteria, within such reasonable time as the State Assistance
Council may determine, student grantees under the Private Education Student Financial
Assistance Program shall be enrolled in schools which have accredited programs or are
applying for accreditation as determined by the Federation of Accrediting Agencies of the
Philippines, namely: The Philippine Association of Accredited Schools, Colleges and
Universities, the Association of Christian Schools and Colleges Accrediting Agency, and the
Philippine Association of Colleges and Universities Commission on Accreditation.
Preference shall be given to students whose family income is not more than thirty six
thousand pesos (P36,000) or such amount as may be determined by the Council, as defined
hereinafter.

For purposes of this Act, programs of assistance to students of private post-secondary

education shall likewise be extended to students of community colleges and students in
non-degree programs including vocational and technical courses.mplementation of the
program shall encourage students to undergo tertiary education in the same region where
their families reside.

The programs of assistance under this Act shall be extended only to students who are
citizens of the Philippines.

Section 4. Forms of Assistance. – Assistance to private education shall consist of:

(1) Tuition fee supplements for students in private high schools, including students in
vocational and technical courses;

(2) High School Textbook Assistance Fund: provided,  that students in public schools shall be
provided a comprehensive textbook program under the Secondary Education Development
Program (SEDP);

(3) Expansion of the existing Educational Service Contracting (ESC) Scheme;

(4) The voucher system of the Private Education Student Financial Assistance Program
(PESFA);

(5) Scholarship grants to students graduating as valedictorians and salutatorians from

secondary schools;

(6) Tuition fee supplements to students in private colleges and universities;

(7) Education Loan Fund; and

(8) College Faculty Development Fund.

Section 5. Tuition Fee Supplement for Students in Private High School. – (1) Financial
assistance for tuition for students in private high schools shall be provided by the
government through a voucher system in the following manner:

(a) For students enrolled in schools charging less than one thousand five hundred pesos
(P1,500) per year in tuition and other fees during school year 1988-1989 or such amount in
subsequent years as may be determined from time to time by the State Assistance Council:
The Government shall provide them with a voucher equal to two hundred ninety pesos
(P290.00): provided,  that the student pays in the 1989-1990 school year, tuition and other
fees equal to the tuition and other fees paid during the preceding academic year:  provided,
further, that the Government shall reimburse the vouchers from the schools concerned
within sixty (60) days from the close of the registration period: provided, furthermore, that
the student’s family resides in the same city or province in which the high school is located
unless the student has been enrolled in that school during the previous academic year.
(b) For students enrolled in schools charging above one thousand five hundred pesos
(P1,500) per year in tuition and other fees during the school year 1988-1989 or such amount
in subsequent years as may be determined from time to time by the State Assistance
Council, no assistance for tuition fees shall be granted by the Government:  provided,
however, that the schools concerned may raise their tuition fees subject to Section 10
hereof.

(2) Assistance under paragraph (1), subparagraphs (a) and (b) shall be granted and tuition
fees under subparagraph (c) may be increased, on the condition that seventy percent (70%)
of the amount subsidized allotted for tuition fee or of the tuition fee increases shall go to the
payment of salaries, wages, allowances and other benefits of teaching and non-teaching
personnel except administrators who are principal stockholders of the school, and may be
used to cover increases as provided for in the collective bargaining agreements existing or
in force at the time when this Act is approved and made effective: provided, that
government subsidies are not used directly for salaries of teachers of non-secular subjects.
At least twenty percent (20%) shall go to the improvement or modernization of buildings,
equipment, libraries, laboratories, gymnasia and similar facilities and to the payment of
other costs of operation. For this purpose, school shall maintain a separate record of
accounts for all assistance received from the government, any tuition fee increase, and the
detailed disposition and use thereof, which record shall be made available for periodic
inspection as may be determined by the State Assistance Council, during business hours, by
the faculty, the non-teaching personnel, students of the school concerned, the Department
of Education, Culture and Sports and other concerned government agencies.

Section 6. High School Textbook Assistance Fund. – There shall be established in the
Department of Education, Culture and Sports (DECS) a High School Textbook Assistance
Fund, so that an assistance on a per student basis shall be given to private schools charging
less than one thousand five hundred pesos (P1,500.00) for 1988-1989 per year, or such
amount in subsequent years as may be determined from time to time by the State
Assistance Council, exclusively for the purchase of high school textbooks, in support of the
implementation of the Secondary Education Development Program: provided, that such fund
shall not be used for the purchase of books that will advance or inhibit sectarian
interest: provided, further, that such textbooks are included in the list approved by the
Department of Education, Culture and Sports.

Section 7. Expansion of the Existing Educational Service Contracting (ESC) Scheme. – (a) The
Department of Education, Culture and Sports (DECS) shall continue to enter into contracts
with private schools whereby the Government shall shoulder the tuition and other fees of
excess students in public high schools who shall enroll under this program. It shall settle all
outstanding obligations before contracting new obligations.

(b) The Department shall also enter into contract with private schools in communities where
there are no public high schools, in which case the Department shall shoulder the tuition and
other fees of students who shall enroll in said private schools. The number of such schools
assisted by the program will be increased every year such that all schools in this category
will be assisted within four (4) years from the promulgation of this Act.

(c) The amount of assistance to be given by the Government under this Section shall not
exceed that determined as the per student cost in public high schools.
(d) The Department shall fully pay the subsidized amount to participating schools not later
than the end of the schoolyear, unless the delay incurred is attributable to the participating
schools.

(e) The amount of assistance shall be allocated and distributed among the fourteen (14)
regions in proportion to the total population as well as the high school age population for the
first school year:provided,  that starting school year 1990, an equalization scheme shall be
implemented by the State Assistance Council.

Section 8. Assistance to College Freshmen. – (a) The Voucher System of Private Education
Student Financial Assistance (PESFA) Program. The existing Private Education Student
Financial Assistance (PESFA) Program which covers degree and vocational/technical courses
shall be expanded so that a minimum of ten percent (10%) for the school year 1989, fifteen
percent (15%) for the school year 1990, twenty percent (20%) for the school year 1991,
twenty-five percent (25%) for the school year 1992 and thereafter, of all enrolling first year
students can benefit from a full or partial scholarship, plus an allowance. Such financial
assistance shall be granted to deserving underprivileged students, who shall be selected on
the basis of family income, geographic spread and results of competitive examinations to be
given by the Department of Education, Culture and Sports to students in all secondary
schools. The program shall be equitably allocated to provinces and cities in accordance with
regional and national plans to priority courses as determined by the Department of
Education, Culture and Sports in coordination with the National Economic Development
Authority (NEDA). The priority courses shall be submitted to Congress at the start of this
program and any changes thereon periodically.

For purposes of this Act, an underprivileged student shall refer to a student whose annual
gross income, if any, and that of the combined annual gross income of his parents do not
exceed thirty-six thousand pesos (P36,000).

(b) Tuition Waiver. – Private colleges and universities shall provide for full or half tuition
waivers for five percent (5%) of the entering freshmen, which shall include among others,
valedictorians and salutatorians of both public high schools and private high schools
charging less than one thousand five hundred pesos (P1,500) per student per year as of
school year 1988-1989, or such amount in subsequent years as may be determined by the
State Assistance Council: provided,  that those valedictorians and salutatorians meet
admission tests and retention requirements of the schools concerned. For this purpose, the
tuition rates for entering freshmen in all private schools and colleges may be determined by
the school itself, after appropriate consultations with parents, students and the alumni of the
school. For this purpose, audited financial statements shall be made available to authorized
representatives of these sectors.

(c) Allowance of Valedictorians. – Subject to rules and regulations as may be promulgated by

the State Assistance Council, valedictorians referred to under subparagraph (b) above, may,
in addition to tuition waivers granted by the school concerned, be entitled to such
allowances from the government as are provided to PESFA grantees, provided they shall
enroll in priority courses.

(d) Allowance for other Honorees. – In case the graduating class is composed of more than
two hundred and fifty students, all salutatorians and first honorable mention graduates
thereof may also be entitled to the allowance granted to valedictorians under the preceding
paragraph.

Section 9. Further Assistance To Students in Private Colleges and Universities. – Tuition fee
supplements for non-freshmen students of private colleges and universities in priority course
programs determined by the Department of Education, Culture and Sports shall be provided
by the government through a voucher system in the following manner:

(a) For re-enrolling students in priority programs in schools, charging an effective per-unit
tuition rate of eighty pesos (P80) or less per unit or such amount in subsequent years as
may be determined by the State Assistance Council: The Government shall provide the
student with a voucher with a value equivalent to the tuition fee increase: provided,  that all
schools in this category shall not be allowed to raise their fees by more than twelve pesos
(P12.00) per unit, for both priority and non-priority courses; and provided, that such
assistance shall be given only to students who have completed one academic year by June
1989 in priority programs and shall not apply to future college students and to current
college students who transfer outside of their region.

(b) For students in schools charging an effective per unit tuition rate of more than eighty
pesos (P80) per unit or such amount in subsequent years as may be determined from time
to time by the Senate Assistance Council: The Government shall provide no assistance, and
the schools can determine their own tuition rates, subject to Section 10
hereof: provided,  that they grant full or half-tuition waivers to five percent (5%) of all their
students.

(c) Schools with accredited programs charging a tuition rate of less than eighty pesos
(P80.00) per unit or such amount in subsequent years as may be determined from time to
time by the State Assistance Council, may continue to determine tuition rates, subject to
section 10 hereof, and non-freshmen students in their accredited priority courses will be
entitled to a voucher equivalent to the tuition increase as in paragraph (a) hereof.

(d) Government assistance and tuition increases as described in this Section shall be
governed by the same conditions as provided under Section 5 (2).

Section 10. Consultation. – In any proposed increase in the rate of tuition fee, there shall be
appropriate consultations conducted by the school administration with the duly organized
parents and teachers associations and faculty associations with respect to secondary
schools, and with students governments or councils, alumni and faculty associations with
respect to colleges. For this purpose, audited financial statements shall be made available to
authorized representatives of these sectors. Every effort shall be exerted to reconcile
possible differences. In case of disagreement, the alumni association of the school or any
other impartial body of their choosing shall act as arbitrator.

Section 11. Education Loan Fund. – (a) “Study Now, Pay Later Plan”. There is hereby created
a special fund to be known as the Students’ Loan Fund to be administered by the
Department of Education, Culture and Sports, or upon delegation by the Department, by the
Student Loan Fund Authority created under Republic Act No. 6014 which is hereby
reinstituted pursuant to the terms of the same Republic Act which shall be used to finance
educational loans to cover matriculation and other school fees and educational expenses for
book, subsistence and board and lodging.
(b) Amounts covering payments for tuition, matriculation and other school fees shall be paid
directly to the school concerned.

(c) Any loan granted under this Section shall be paid by the student-debtor after he has
finished the course or profession for which the proceeds of the loan was expended, but only
after a period of two (2) years from the time he has acquired an employment: provided,
however, that interest at the rate of not more than twelve percent per annum shall accrue
on the balance thereof.

(d) Social Security Fund. The Social Security System Fund shall make available low interest
educational loans to its members and to private educational institutions for school buildings
and/or improvement of their plants and facilities.

Section 12. Limitation. – The right of any student to avail himself of the benefits under this
Act shall not apply:

(a) If he fails for one (1) schoolyear in the majority of the academic subjects in which he has
enrolled during the course of his study unless such failure is due to some valid cause
beyond his control; and

(b) If he enrolls for the first time, or transfers, outside of the region where he is domiciled
unless the course he wants to pursue is a priority course as determined by the Department
of Education, Culture and Sports and is not offered in any private school in his region.

Section 13. College Faculty Development Fund. – For the purpose of improving the quality of
teaching in higher education, there is hereby established in Department of Education,
Culture and Sports a College Faculty Development Fund to provide for scholarships for
graduate degrees and non-degree workshops or seminars for faculty members in private
colleges and universities: provided, that faculty member recipients of such scholarships
shall serve three (3) years return service for every year of scholarship availed of. The
scholarship shall be in priority courses as determined by the Department of Education,
Culture and Sports in coordination with the National Economic Development Authority
(NEDA) and cannot be awarded to promote or inhibit sectarian purposes.

Section 14. Program Administration/Rules and Regulations. – The State Assistance Council

shall be responsible for policy guidance and direction, monitoring and evaluation of new and
existing programs, and the promulgation of rules and regulations, while the Department of
Education, Culture and Sports shall be responsible for the day to day administration and
program implementation. Likewise, it may engage the services and support of any qualified
government or private entity for its implementation.

The State Assistance Council (SAC), hereinafter known as the Council, shall be headed by
the Secretary of Education, Culture and Sports as chairman, with representatives from
NEDA, DBM, DOST, and representatives from duly organized nationwide associations of
teachers, students and school administrators as members. The last three (3) members shall
be appointed by the President upon the recommendation of their respective sectors for a
term of four (4) years.

The Council shall meet, from time to time, as the need arises, to assess the effectivity of the
programs and to ensure that schools, colleges and universities where student recipients are
enrolled continue to provide quality education. For this purpose, the Council shall establish
criteria, including accreditation status, to determine which schools, colleges and universities
may continue to enroll students who are recipients of government assistance under this Act.

Section 15. Appropriations. – (a) The appropriations of the Department of Education, Culture

and Sports authorized in General Appropriations Act for Fiscal Year 1989, Republic Act No.
6688, for A.7.d Implementation of programs for secondary education, A.7.e Implementation
of programs for higher education, A.7.g Implementation of free secondary education shall be
reduced as far as practicable on a proportionate basis by region to provide funds for the
requirements of this Act in Fiscal Year 1989:provided, that savings from any other item of
appropriation of the Department of Education, Culture and Sports may be utilized for the
implementation of this Act in Fiscal Year 1989: provided, further, that any deficiency shall be
taken from any or all of the following sources:

(1) Portions of the coconut levies authorized under Republic Act No. 620 and Presidential
Decree No. 1468 and other laws earmarked to finance scholarships for the benefit of
deserving children of the coconut farmers, and the income thereof: provided,  that such
funds shall be used exclusively for the program of assistance for said children including their
books, board and lodging and other allowances in case these are not provided in a particular
program of assistance;

(2) Twenty percent (20%) of the travel tax and airport departure tax collections;

(3) Ten percent (10%) of any funds collected by the Sugar Regulatory Administration or the
Philippine Coconut Authority for students in provinces where they are collected;

(4) Ten percent (10%) of the net income of the Development Bank of the Philippines;

(5) Portions of the Overseas Welfare Fund to benefit the dependents or children of overseas
workers; and

(6) Any other lump sum appropriations or collections under the supervision and control of
the Office of the President.

Provided, finally, that the total amount made available to carry out the purposes of this Act
shall not exceed five hundred million pesos (P500M) for Fiscal Year 1989.Thereafter, such
amount as may be necessary for its continued implementation shall be included in the
annual General Appropriations Act.

(b) The amount of assistance on a per student basis as determined under Section 5(a) and
(b) and Section 9(a) of this Act shall remain the same for the subsequent years
unlessCongress provides otherwise.

Section 16. Penalties. – In case of any violation of the provisions of this Act or the rules and
regulations promulgated pursuant thereto by an institution, the Department of Education,
Culture and Sports, upon the recommendation of the Council, may bar the institution from
participating in or benefiting from the programs of this Act, and from other programs of the
Department, without prejudice to administrative and criminal charges as may be filed
against the school and/or its responsible officers under existing laws.
Any school who shall refuse, as required under paragraph (1) (c) of section 5, Section 8 (b)
and Section 9 (b), to furnish copies of their audited financial statements to concerned
sectors with whom they are having consultations prior to tuition fee increases, shall forfeit
the right to increase their tuition fees, in addition to other penalties or sanctions as may be
imposed under the preceding paragraph or by existing laws.

Section 17. Repealing Clause. – All laws and decrees particularly Presidential Decree Nos.
932 and 1371 and such letters of instruction, rules and regulations or parts thereof which
are inconsistent with this Act are hereby repealed or modified accordingly.

Section 18. Separability Clause. – If any provision of this Act is declared unconstitutional, the
same shall not affect the validity and effectivity of the other provisions not affected thereby.

Section 19. Effectivity Clause. – This Act shall take effect immediately upon its publication in
English in an English newspaper and in Filipino in a Filipino newspaper, both of general
circulation.

Approved, June 10, 1989.

REPUBLIC ACT NO. 8545

AN ACT AMENDING REPUBLIC ACT NO. 6728, OTHERWISE KNOWN AS “AN ACT
PROVIDING GOVERNMENT ASSISTANCE TO STUDENTS AND TEACHERS IN PRIVATE
EDUCATION AND APPROPRIATING FUNDS THEREFOR,” ESTABLISHING A FUND FOR
THE PURPOSE OF SUBSIDIZING SALARIES OF PRIVATE SCHOOL TEACHERS, AND
APPROPRIATING FUNDS THEREFOR

Section 1. Republic Act No. 6728, otherwise known as the “Government Assistance to
Students and Teachers in Private Education Act,” is hereby amended to read as follows:

“Section 1. Title.  – This Act shall be known as the ‘Expanded Government Assistance to
Students and Teachers in Private Education Act.’

“Section 2. Declaration of Policy.  – It is a declared policy of the State in conformity with the
mandate of the Constitution, to promote and make quality education accessible to all
Filipino citizens. The State also hereby recognizes the complementary roles of public and
private educational institutions in the educational system and the invaluable contribution
that the private schools have made and will make to education. For these purposes, the
State shall provide the mechanisms to improve quality in private education by maximizing
the use of existing resources of private education, recognizing in the process the
government’s responsibility to provide basic elementary and secondary education, post-
secondary vocational and technical education and higher education as having priority over
its other functions.

“Elementary education is the first six (6) years of basic education, excluding pre-school and
grade seven, the completion of which is attested by a certificate issued by or with
permission of the Department of Education, Culture and Sports. Secondary education is the
next four (4) years of basic education, the completion of which is attested by a high school
diploma issued by or with permission of the Department of Education, Culture and Sports.

“Post-secondary education may be education and training in non-degree vocational and

technical courses offered in post-secondary vocational and technical institutions or
education in degree courses offered by higher educational institutions, the completion of
which are attested by a certificate or diploma issued by or with permission of the Technical
Education and Skills Development Authority (TESDA) or the Commission on Higher
Education (CHED), respectively.

“Section 3. Criteria for Assistance.  – The programs for assistance shall be based on a set of
criteria which shall include, among others, tuition fees charged by the schools, the
socioeconomic needs of each region giving priority to the Social Reform Agenda (SRA)
provinces, overall performance of the schools, the academic qualifications and the financial
needs of the students and the teachers and the financial needs of the schools, as well as the
geographic spread and size of student population.

“In addition to the foregoing criteria, within such reasonable time as the respective State
Assistance Council may determine, student grantees under the Private Education Student
Financial Assistance Program shall be enrolled in schools which have accredited programs or
are applying for accreditation as may be recognized by the respective State Assistance
Council.

“Preference shall be given to students whose family income is not more than Seventy-two
thousand pesos (P72,000.00) or such amounts as may be determined by the respective
councils, as defined hereinafter.

“For purposes of this Act, programs of assistance to students and teachers of private post-
secondary vocational and technical institutions and higher educational institutions shall
likewise be extended to students and teachers of community colleges in degree and non-
degree programs. Implementation of the program shall encourage students to undergo post-
secondary vocational and technical and higher education courses in the same region where
their families reside.

“The programs of assistance under this Act shall be extended only to students who are
citizens of the Philippines.

“The State Assistance Council, jointly with the Department of Education, Culture and Sports
(DECS), the CHED and the TESDA shall formulate measurement standards for the evaluation
of the quality of courses as well as the standing and status of the recipient institutions.

“Within five (5) years from the approval of this Act, the assistance shall be given to
schools:provided, that the present allocation of the tuition fee and other income of the
schools shall be used at the same proportion and allocation as provided by law.

“Section 4. Forms of Assistance. – Assistance to private education shall consist of assistance

to students and assistance to teachers.

“The following are forms of assistance to students in private education:

“(1) Tuition fee supplements for students in private high schools, including students in
vocational and technical courses;

“(2) High School Textbook Assistance Fund:  provided, that the textbook assistance per
student in private high schools shall be determined by the council and shall not exceed what
students in public high schools are provided on a per student basis under a comprehensive
textbook program of the Secondary Education Development Program (SEDP): provided,
further, that the textbook assistance shall be granted only to beneficiaries of tuition fee
supplements and educational service contracting scheme provided in this Act;

“(3) Expansion of the existing Educational Service Contracting (ESC) Scheme;

“(4) The voucher system of the Private Education Student Financial Assistance Program
(PESFA);

“(5) Scholarship grants to students graduating as valedictorians and salutatorians from

secondary schools;

“(6) Tuition fee supplements to students in private colleges and universities; and

“(7) Education Loan Fund.

“The following are forms of assistance to teachers and faculty in private education:

“(1) In-service training fund for teachers in private high schools; and

“(2) College Faculty Development Fund.

“Section 5. Tuition Fee Supplements for Students in Private High Schools. – (1) Financial
Assistance for tuition for students in private high schools shall be provided by the
government through a voucher system in the following manner:

“(a) For students enrolled in schools charging an amount as may be determined by the
State Assistance Council, the government shall provide them with a voucher in such an
amount as may be determined by the council:  provided, that the government shall
reimburse the vouchers from the schools concerned within one hundred twenty (120) days
from the close of the registration period.

“(2) Assistance under paragraph (1), subparagraph (a) shall be guaranteed to all private
high schools participating in the program for a number of slots as of the effectivity of this
Act as the total number of students who availed of tuition fee supplements for school year
1997-1998:provided, that the State Assistance Council may in subsequent years determine
additional slots and/or additional participating high schools as may be deemed necessary.

“Section 6. High School Textbook Assistance Fund.  – There shall be established in the
Department of Education, Culture and Sports (DECS), a High School Textbook Assistance
Fund, so that assistance on a per student basis shall be given to students enrolled in private
schools exclusively for the purchase of high school textbooks, in support of the
implementation of the Secondary Education Development Program: provided,  that the
textbook assistance per student in private high schools shall be determined by the council
and shall not exceed what students in public high schools are provided on a per student
basis: provided, further, that the textbook assistance shall be granted only to beneficiaries
of tuition fee supplements and educational service contracting scheme provided in this Act.

“Section 7. Expansion of the Existing Educational Service Contracting (ESC) Scheme. – (a)
The Department of Education, Culture and Sports (DECS) shall continue to enter into
contracts with private schools whereby the government shall shoulder the tuition and other
fees of high school students who shall enroll in private high schools under this program.

“(b) The Department shall also enter into contracts with private schools in communities
where there are no public high schools, in which case the Department shall shoulder the
tuition and other fees of students who shall enroll in said private schools.

“(c) The amount of assistance to be given by the government under this section shall not
exceed that determined as the per student cost in public high schools.

“(d) The Department shall fully pay the subsidized amount to participating schools not later
than one hundred eighty (180) days from the close of the registration period.

“(e) The amount of assistance shall be allocated and distributed among the sixteen (16)
regions in proportion to the total population as well as the high school age population for the
first school year:provided, that starting school year 1998, an equalization scheme shall be
implemented by the State Assistance Council.

“(f) The amount of assistance to private high schools participating in the program shall be
guaranteed for a number of slots as of the effectivity of this Act as the number of students
availing of educational service contracting assistance for school year 1997-
1998:  provided, that the State Assistance Council may, in subsequent years determine
additional slots and/or additional participating private high schools as may be deemed
necessary.

“Section 8. Assistance to College Freshmen.  – (a) The Voucher System of Private Education
Student Financial Assistance (PESFA) Program. The existing Private Education Student
Financial Assistance (PESFA) Program which covers degree and non-degree
vocational/technical courses shall be expanded so that all qualified enrolling first year
students can benefit from a scholarship, plus an allowance. Such financial assistance shall
be granted to deserving underprivileged students, who shall be selected on the basis of
family income, geographic spread and results of competitive examinations to be given by
the CHED for degree courses and the TESDA for non-degree vocational/technical courses in
all secondary schools in coordination with the DECS. The program shall be equitably
allocated to provinces and cities in accordance with regional and national plans to priority
courses as determined by the CHED and the TESDA.

“For purposes of this Act, an underprivileged student shall refer to a student whose gross
income, if any, and that of the combined annual gross income of his/her parents do not
exceed Seventy-two thousand pesos (P72,000.00).

“(b) Tuition Waiver. Private post-secondary vocational and technical institutions and higher
educational institutions shall provide for full or half tuition waivers for five percent (5%) of
the entering freshmen, which shall include among others, valedictorians and salutatorians of
both public high schools and private high schools: provided,  that those valedictorians and
salutatorians meet admission tests of the schools concerned.

“(c) Allowance for Valedictorians. Subject to rules and regulations as may be promulgated
by the State Assistance Council, valedictorians referred to under subparagraph (b) above,
may, in addition to tuition waivers granted by the school concerned, be entitled to such
allowances from the government as are provided to PESFA grantees, provided they shall
enroll in priority courses.

“(d) Allowance for other Honorees. In case the graduating class is composed of more than
two hundred and fifty (250) students, all salutatorians and first honorable mention
graduates thereof may also be entitled to the allowance granted to valedictorians under the
preceding paragraph.

“Section 9. Further Assistance to Students in Private Colleges and Universities. – Tuition fee
supplements for students of private post-secondary vocational and technical institutions and
higher educational institutions enrolled in priority course programs determined by the
TESDA and the CHED shall be provided by the government through a voucher system in the
following manner:

“For students in priority programs in schools charging an effective per unit tuition rate of
such amount as may be determined by the State Assistance Council, the government shall
provide the student with a voucher for the amount of tuition fee supplement determined by
the State Assistance Council.

“Government assistance and tuition increases as described in this section shall be governed
by the same conditions as provided under section 5(2).

“Section 10.  Education Loan Fund.  – (a) ‘Study Now, Pay Later Plan.’ There is hereby
created a special fund to be known as the Students’ Loan Fund to be administered by the
CHED and the TESDA or upon delegation by the CHED by the Student Loan Fund Authority
created under Republic Act No. 6014 which is hereby reinstituted pursuant to the terms of
the same Republic Act which shall be used to finance educational loans to cover
matriculation and other school fees and educational expenses for book subsistence, and
board and lodging.

“(b) Amounts covering payments for tuition and other school fees shall be paid directly to
the school concerned.

“(c) Any loan granted under this section shall be paid by the student-debtor after he has
finished the course or profession for which the proceeds of the loan was expended, but only
after a period of two (2) years from the time he has acquired an employment: provided,
however, that interest at the rate of not more than six percent (6%) per annum shall accrue
on the balance thereof.

“(d) Social Security Fund. The Social Security System shall make available low interest
educational loans to its members and to private educational institutions for school buildings
and/or improvement of their plants and facilities.

Section 11. The right of any student to avail himself/herself of the benefits under this Act
shall not apply if he/she fails for one (1) school year in the majority of the academic subjects
in which he/she has enrolled during the course of his/her study unless such failure is due to
some valid cause beyond his/her control.

Section 12. In-service Training Fund (Inset Fund). – For the purpose of improving the quality
of teaching in private secondary education, there is hereby established in the Department of
Education, Culture and Sports an Inset Fund to provide for the upgrading of knowledge and
teaching competencies in critical subject areas and for the modernization of teaching
techniques and strategies, including training in the use of computers and of other multi-
media educational technologies to assist instruction:  provided, that the Inset Fund shall be
available only to qualified licensed teachers in participating private high schools as
determined by the State Assistance Council:provided, further, that the amount of Inset Fund
available to private secondary education shall not exceed that available to public secondary
education on a per capita basis.

Section 13. College Faculty Development Fund. – For the purpose of improving the quality of
teaching in private post-secondary vocational and technical institutions and higher
educational institutions, there is hereby established in the TESDA and the CHED, a College
Faculty Development Fund to provide for scholarships for graduate degree, degree and non-
degree workshops or seminars for faculty members in private post-secondary vocational and
technical institutions and higher educational institutions:  provided, that faculty member
recipients of such scholarships shall serve as many number of years return service for every
year of scholarship availed of as may be determined by the State Assistance Council in
conformity with prevailing National Economic and Development Authority (NEDA) policies on
return service of government scholars. The scholarship shall be in priority courses as
determined by the TESDA and the CHED and cannot be awarded to promote or inhibit
sectarian purposes.

Section 14. Teachers’ Salary Subsidy Fund. – A Teachers’ Salary Subsidy Fund is hereby
established in the DECS to grant government subsidy to teachers in private high schools
participating in the programs of assistance provided in this Act: provided,  that the total
monthly salary which includes the subsidy to be received by such private high school
teachers shall not be more than eighty percent (80%) of the salary of his counterpart in the
public sector: provided, further, that the amount of monthly subsidy shall not exceed the
amount of any monthly salary increase that teachers in public high schools shall after the
effectivity of this Act hereinafter receive:  provided, further, that private high school
teachers qualified to receive subsidy under this Act are duly licensed by the Professional
Regulation Commission:  provided, further, that the government shall provide them with a
voucher for the salary subsidy which shall be reimbursed directly to the teachers within
sixty (60) days after the close of the school year upon submission of proof of qualification
and actual teaching service in a participating private high school: provided, further, that the
present allocation out of increases from tuition and other income shall be
maintained:  provided, finally, that in case of insufficiency of funds, priority shall be given to
married teachers supporting a family.

Section 15. Program Administration/Rules and Regulations.  – The State Assistance Council

shall be responsible for policy guidance and direction, monitoring and evaluation of new and
existing programs, and the promulgation of the rules and regulations, while the Department
of Education, Culture and Sports, the TESDA and the CHED shall be responsible for the day
to day administration and program implementation for the programs of assistance to private
secondary education, post-secondary vocational and technical education and higher
education, respectively. Likewise, it may engage the services and support of any qualified
government or private entity for its implementation.

The State Assistance Council, hereinafter known as the Council, shall be headed by the
Secretary of Education, Culture and Sports as chairperson, the chairperson of the CHED and
the director-general of the TESDA as co-chairpersons, with representatives from the National
Economic and Development Authority, the Department of Budget and Management, the
Department of Science and Technology, and representatives from duly organized
nationwide associations of teachers, students, parents, and school administrators concerned
with secondary, post-secondary vocational and technical education and higher education as
members. The last three (3) members shall be appointed by the Council upon the
recommendation of their respective sectors for a term of one (1) school year subject to re-
appointment for a maximum term of four (4) school years. A representative each from the
Committees on Education of both Houses of Congress shall be designated resource persons
to the Council.

The Council shall meet, from time to time, as the need arises, to assess the effectivity of the
programs and to ensure that the secondary schools, post-secondary vocational and
technical institutions and higher educational institutions where student recipients are
enrolled continue to provide quality education. For this purpose, the Council shall establish
criteria, to determine which secondary schools, post-secondary vocational and technical
institutions and higher educational institutions may continue to enroll students and
teachers/faculty as recipients of government assistance under this Act.

Section 16. Appropriations. – The amount needed to implement these programs shall be

provided for in the annual General Appropriations Act for the year 1998. The appropriation
of One billion pesos (P1,000,000,000.00) already appropriated under the General
Appropriations Act of 1998 shall be used for this purpose.

All funds appropriated for this purpose shall be constituted as a trust fund to be
administered by the State Assistance Council, which shall be directly and automatically
released to the different regional offices of the DECS.”Section 17.  Penalties.  – In case of
violations of the provisions of this Act or the rules and regulations promulgated pursuant
thereto by an institution, the Department of Education, Culture and Sports, the TESDA and
the CHED, upon the recommendation of the Council, may bar the institution from
participating in or benefiting from the programs of this Act, and from other programs of the
Department, without prejudice to administrative and criminal charges as may be filed
against the school and/or its responsible officers under existing laws.

Section 18. Repealing Clause.  – All laws and decrees, particularly Presidential Decree Nos.
932 and 1371, and such letters of instructions, rules and regulations or parts thereof which
are inconsistent with this Act are hereby repealed or modified accordingly.

Section 19. Separability Clause. – If any provision of this Act is declared unconstitutional,

the same shall not affect the validity and effectivity of the other provisions not affected
thereby.

Section 20. Effectivity Clause. – This Act shall take effect immediately upon its publication in
English in an English newspaper and in Filipino in a Filipino newspaper, both of general
circulation: provided,that the implementation of new programs of assistance provided in this
Act shall be effective in the school year of the succeeding fiscal year within which the
appropriations necessary to implement the new programs shall have been approved into
law.”
Section 2. Effectivity Clause. – This Act shall take effect immediately upon its publication in
English in an English newspaper and in Filipino in a Filipino newspaper, both of general
circulation.

Approved, February 24, 1998.

REPUBLIC ACT NO. 7687

AN ACT INSTITUTING A SCIENCE AND TECHNOLOGY SCHOLARSHIP PROGRAM AND
OTHER PURPOSES

Section 1. Title. – This Act shall be known as the “Science and Technology Scholarship Act of
1994″.

Section 2. Statement of Policy. – 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.

In line with the above, it is hereby declared the policy of the State to promote the
development of the country’s science and technology manpower in line with economic
development and to provide the capability required in the areas of research, development,
innovation as well as their utilization. As such, it shall provide for scholarships, grants-in-aid,
or other forms of incentives to deserving science students and other specially-gifted citizens
to enable them to pursue higher education or training in areas of science and technology.

Section 3. General Objectives. – To carry out the foregoing policy, this Act strengthens the
country’s science and technology manpower by creating a pool of scientists, engineers and
technicians who shall fill the needs of industrialization. Towards this end, scholarships shall
be provided to finance the education of poor, talented and deserving students desiring to
pursue a degree or training in areas of science and technology as are recognized or
permitted by law.

Section 4. Science and Technology Scholarship Fund. – There is hereby created a Science
and Technology Scholarship Fund, hereinafter known as the Fund, to be administered by the
Department of Science and Technology (DOST).

Section 5. Appropriations. – The amount necessary to carry out the initial implementation of
this Act, shall be charged against the current Fiscal Year Appropriations of the DOST.In order
to provide funds necessary for the continuous implementation of the program for every year
following its initial implementation, the budget of the DOST shall be increased in the amount
of Sixty million pesos (P60M) per year until it eventually reaches the amount of Three
hundred million pesos (P300M) to sustain the recipients of the scholarship during the
duration of their study.

Section 6. Coverage. – The grant of any scholarship award from the Fund shall be applied
only in the field of science, mathematics, engineering, and such other areas in the
undergraduate or postgraduate courses as may be provided for in the rules and regulations
to be promulgated by the DOST and the Department of Education, Culture and Sports
(DECS): provided, however, that the scholarship grant for the postgraduate level shall not be
limited to those scholars or recipients who are graduates of the undergraduate scholarship
program.

Section 7. Assistance to Grantees. – The grantee of the scholarship program under this Act is
entitled to financial assistance which may include tuition and other school fees, outright
grant for prescribed textbooks and essential school supplies, outright grant for prescribed
military science and physical education uniform, transportation expenses and monthly living
allowance: provided, however, that in the granting of financial assistance, the availability of
funds, purchasing power of the peso and rate of financial assistance given under other
government scholarship programs must be considered.

Section 8. Qualifications. – In order to qualify for the scholarship program, the applicant
must be:

a) a member of the top five percent (5%) of the high school graduating class, regardless of
gender, religion, and cultural affiliation;

b) a resident of the municipality for the last four (4) years prior to availing of the
scholarship, as attested by the school records; and

c) of good moral character and in good health.

Section 9. Value Formation Program. – The scholarship program under this Act shall be
supported by appropriate courses for value formation of scholars that will inculcate in them
the virtues of nationalism, industriousness, honesty, commitment to national development
and an effective work ethic.

Section 10. Distribution of Scholarship Slots. – The DOST in line with this Act shall provide for
a proportional and equitable allotment of slots for identified fields of science and technology
to attain a balanced distribution of manpower in terms of number and expertise. The DOST
shall organize a program geared towards enlisting at least two (2) scholars in each
municipality of the Philippines and at least ten (10) scholars for those congressional districts
without municipality. Qualified members of the cultural minority in appropriate cases shall
be given due preference.

Section 11. Place of Study in the Country. – The recipient of the scholarship privileges under
this Act shall be required to pursue their degree program and/or the vocational, technical, or
other courses specified under this Act at any academic or training institutions duly
accredited by the DECS and the DOST and in private schools accredited by Federation of
Accrediting Agencies in the Philippines (FAAP).Refusal or failure to comply with this provision
shall be ground for disqualification from the Program.

Section 12. Place of Study Outside the Home Country. – The scholarship grant provided
herein shall not be limited to studying only in any school in this country but would include
scholars who can be granted the opportunity to study abroad in schools specializing in
courses stated therein: provided, however, that a grantee who has qualified for study abroad
must execute an undertaking binding himself to return to the country to fulfill his service
obligation on the basis of the length of his scholarship. The Department of Foreign Affairs is
hereby directed to give full assistance in enforcing such undertaking.
Section 13. Service Obligation. – Immediately upon completion of a Bachelor of Science
course, a scholar shall serve the country on full-time basis only along his field of training for
a minimum period equivalent to the length of time a scholar enjoyed the scholarship by
rendering service to his province or municipality by organizing technology-based livelihood
activities or enterprises, teaching, or such other service related to the course or training he
has completed, and, for this purpose, requiring the execution of a contract between the
Government and the scholar incorporating the details of the said service obligation.

Any recipient of the program who has not completed his course shall render service to the
country equivalent to the number of years he enjoyed the scholarship.

For the purpose stated in paragraph 1 of this Section, government banks, financial
institutions, and appropriate agencies shall provide priority access to credit, research and
development facilities, support programs and other assistance to graduate scholars under
this Act where the same may be sound and viable.

Any scholar who violates the service obligation imposed under this section shall be liable to
reimburse the Government of the fund assistance received under this Act in full or pro
tanto as the case may be.

Section 14. Post Scholarship Incentives. – In order to encourage graduates of the scholarship

program under this Act to serve in fulfillment of their service obligation and entice them to
continue to stay and serve in the country even beyond their service obligation, they shall be
entitled to the following incentives:

a) priority for job placement in the Government or in the private sector in positions
appropriate to their area of education or training;

b) grants-in-aid and access to government research facilities in the conduct of research and
development projects and other service and technology activities;

c) access to credit with liberal terms from government banks and financial institutions;

d) payment of hardship and/or hazard allowance to those who are engaged in research and
other science and technology activities that posed danger and caused hardship to their well-
being; and

e) travel and accident insurance coverage.

Section 15. Advisory Committee. – There is hereby created a committee composed of the

Secretary of Science and Technology as Chairman, and the Secretaries or Heads of the
following departments or agencies or their chosen representatives as members: Education,
Culture and Sports; Budget and Management; Agriculture; Trade and Industry; Interior and
Local Government; Finance and the National Economic and Development Authority; and two
(2) representatives from the private sector one (1) of whom shall come from the Philippine
Chamber of Commerce and Industry and one (1) from other sectors.

To ensure the effective coordination of the program, said body shall act in an advisory
capacity in its implementation.
Section 16. Implementing Body. – The scholarship program herein provided shall be directly
implemented by the DOST through the Science Education Institute.

Section 17. Rules and Regulations. – Within thirty (30) days from the approval of this Act,
the DOST in joint collaboration with the DECS shall promulgate the necessary rules and
regulations for the effective implementation of the provisions thereof.

Section 18. Transitory Provisions. – Within sixty (60) days from effectivity of this Act, existing
state colleges and universities and private schools with curriculum offerings on science and
technology shallipso facto be deemed accredited.

Section 19. Repealing Clause. – All laws, decrees, orders, rules and regulations, or portions
thereof, inconsistent with this Act are hereby repealed or modified accordingly.

Section 20. Separability Clause. – In the event any of the provisions of this Act is declared
unconstitutional, the validity of the other provisions shall not be affected by such
declaration.

Section 21. Effectivity. – This Act shall take effect upon its approval.

Approved, March 2, 1994.