ARTICLE XIV, 1987 PHILIPPINE CONSTITUTION

ARTICLE XIV

EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND

SPORTS

EDUCATION

Section 1. The State shall protect and promote the right of all citizens to quality education
at all levels, and shall take appropriate steps to make such education accessible to all.

Section 2. The State shall:

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

(2) Establish and maintain a system of free public education in the elementary and high
school levels. Without limiting the natural right of parents to rear their children,
elementary education is compulsory for all children of school age;

(3) Establish and maintain a system of scholarship grants, student loan programs,
subsidies, and other incentives which shall be available to deserving students in both
public and private schools, especially to the underprivileged;

(4) Encourage non-formal, informal, and indigenous learning systems, as well as self-
learning, independent, and out-of-school study programs particularly those that respond
to community needs; and

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

Section 3. (1) All educational institutions shall include the study of the Constitution as
part of the curricula.

(2) They shall inculcate patriotism and nationalism, foster love of humanity, respect for
human rights, appreciation of the role of national heroes in the historical development of
the country, teach the rights and duties of citizenship, strengthen ethical and spiritual
values, develop moral character and personal discipline, encourage critical and creative
thinking, broaden scientific and technological knowledge, and promote vocational
efficiency.

(3) At the option expressed in writing by the parents or guardians, religion shall be
allowed to be taught to their children or wards in public elementary and high schools
within the regular class hours by instructors designated or approved by the religious
authorities of the religion to which the children or wards belong, without additional cost
to the Government.

Section 4.(1) The State recognizes the complementary roles of public and private
institutions in the educational system and shall exercise reasonable supervision and
regulation of all educational institutions.

(2) Educational institutions, other than those established by religious groups and mission
boards, shall be owned solely by citizens of the Philippines or corporations or
associations at least sixty per centum of the capital of which is owned by such citizens.
The Congress may, however, require increased Filipino equity participation in all
educational institutions.

The control and administration of educational institutions shall be vested in citizens of

the Philippines.

No educational institution shall be established exclusively for aliens and no group of

aliens shall comprise more than one-third of the enrollment in any school. The provisions
of this subsection shall not apply to schools established for foreign diplomatic personnel
and their dependents and, unless otherwise provided by law, for other foreign temporary
residents.

(3) All revenues and assets of non-stock, non-profit educational institutions used actually,
directly, and exclusively for educational purposes shall be exempt from taxes and duties.
Upon the dissolution or cessation of the corporate existence of such institutions, their
assets shall be disposed of in the manner provided by law.

Proprietary educational institutions, including those cooperatively owned, may likewise

be entitled to such exemptions, subject to the limitations provided by law, including
restrictions on dividends and provisions for reinvestment.

(4) Subject to conditions prescribed by law, all grants, endowments, donations, or

contributions used actually, directly, and exclusively for educational purposes shall be
exempt from tax.

Section 5. (1) the State shall take into account regional and sectoral needs and conditions
and shall encourage local planning in the development of educational policies and
programs.

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

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

(4) The State shall enhance the right of teachers to professional advancement. Non-
teaching academic and non-academic personnel shall enjoy the protection of the State.
(5) The State shall assign the highest budgetary priority to education and ensure that
teaching will attract and retain its rightful share of the best available talents through
adequate remuneration and other means of job satisfaction and 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. (1) The State shall ensure equal access to cultural opportunities through the
educational system, public or private cultural entities, scholarships, grants and other
incentives, and community cultural centers, and other public venues.

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

SPORTS

Section 19. (1) The State shall promote physical education and encourage sports
programs, league competitions, and amateur sports, including training for international
competitions, to foster self-discipline, teamwork, and excellence for the development of a
healthy and alert citizenry.

(2) All educational institutions shall undertake regular sports activities throughout the
country in cooperation with athletic clubs and other sectors.
 EXECUTIVE ORDER NO. 435 s 1997

DEVOLVING TO THE AUTONOMOUS REGIONAL GOVERNMENT OF THE

AUTONOMOUS REGION IN MUSLIM MINDANAO CERTAIN POWERS AND
FUNCTIONS OF THE DEPARTMENT OF TRANSPORTATION AND
COMMUNICATIONS, ITS SECTORAL OFFICES AND ATTACHED
AGENCIES IN THE REGION, AND FOR OTHER PURPOSES

WHEREAS, pursuant to Sections 1 and 15, Article X of the Constitution, Republic Act

No. 6734 entitled “An Act providing for an Organic Act for the Autonomous Region in
Muslim Mindanao” was enacted;

WHEREAS, under Section 2, Article V of RA 6734,  the Autonomous Region in

Muslim Mindanao (ARMM) has jurisdiction over matters devolved to it by the
Constitution and the Organic Act which include, among others, “the powers, functions
and responsibilities now being exercised by the departments of the National
Government”;

WHEREAS, pursuant to the aforesaid section of RA 6734, the powers, functions and

responsibilities exercised in the region by the Department of Transportation and
Communication (DOTC), its sectoral offices and attached agencies are now devolved to
the ARMM except “maritime, land and air transportation and communication that affect
areas outside the Autonomous Region”;

WHEREAS, Section 16, Article X of the Constitution provides that “all powers,

functions and responsibilities not granted by this Constitution or by law to the
autonomous regions shall be vested in the National Government”;

NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the

Philippines, by virtue of the powers vested in me by law, do hereby order:

Section 1. Declaration of Policy. In line with the policy of the State under the
Constitution to ensure the autonomy of local governments, it is hereby declared the
policy of the National Government that powers, functions and responsibilities of
departments of the National Government, its sectoral offices and attached agencies
devolved by virtue of the Constitution and RA 6734 be fully and expeditiously
transferred to, and assumed and exercised by, the Autonomous Regional Government
(ARG) of the ARMM.

Section 2. Transfer of Offices, Assets and Liabilities. All offices of the DOTC, its
sectoral offices and attached agencies now existing in the ARMM, including their
personnel, equipment, properties, budgets, assets and liabilities are hereby transferred to
and placed under the control and supervision of the ARG subject to Article XIX of RA
6734.
Section 3. Control and Supervision of Transferred Offices of DOTC and its
Attached Agencies. Offices of the DOTC, its sectoral offices and attached agencies in
the ARMM transferred to and placed under the control and supervision of the ARG shall
cease to be part of the DOTC or its attached agencies and shall no longer be under the
control and supervision of the DOTC Secretary or the governing boards of the attached
agencies, as the case may be. These transferred offices shall become either regional
executive commissions, boards, bureaus or offices as the ARG may, in its discretion and
under its authority, structure them. Pursuant to Section 18, Article VIII of RA 6734, the
Regional Governor of the ARMM, subject to the exceptions provided under the Organic
Act, shall have control over regional executive commissions, boards, bureaus or offices,
and shall ensure that the laws are faithfully executed.

Section 4. Devolution of the Powers and Functions of DOTC. The powers and

functions of the DOTC under Executive Order No. 125 as amended  and Executive Order
No. 292 (Administrative Code of 1987),  insofar as the exercise thereof is confined to the
ARMM and does not affect areas outside the autonomous region, are hereby devolved to
the ARMM subject to national transportation and communication policies and programs.

Section 5. Devolution of Specific Powers, Functions and Responsibilities of Sectoral

Offices and Attached Agencies of DOTC. Insofar as the exercise thereof by the ARG is
confined to the ARMM and does not affect areas outside the autonomous region, and
subject to national transportation and communication policies and programs, the
following specific powers, functions and responsibilities of the sectoral offices of the
DOTC are hereby devolved to the ARG:

A. LAND TRANSPORTATION OFFICE (LTO)

1. To issue licenses to operate motor vehicles within the ARMM to persons who upon
written and practical examinations have shown proficiency in the operation of motor
vehicles, pursuant to the provisions of RA 4136 and relevant laws; provided that driver’s
licenses issued by the ARG may be honored outside the ARMM subject to recording and
validation procedures of the Land Transportation Office;

2. To register motorcycles and motorized tricycles and to charge registration fees therefor
in accordance with existing laws;

3. To enforce all transportation and traffic laws, rules and regulations within the ARMM,
confiscate licenses, impound vehicles if warranted by law or regulation, and impose fines
and penalties to violators, including suspension and revocation of licenses and
registration, subject to observance of due process of law;

4. To issue rules and regulations consistent with existing transportation and other relevant
laws to govern traffic and transportation in the ARMM.
B. LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD
(LTFRB)

1. To prescribe and regulate routes, economically viable capacities, and zones or areas of
operation of public land transportation services provided by motorized vehicles within
the ARMM, consistent with the national public land transportation development policies
and plans; provided that the ARG and the LTFRB/DOTC shall coordinate with regard to
the establishment and regulation of inter-regional routes, zones or areas of operation that
pass through, include or involve the territory of the ARMM;

2. To issue, amend, or revise Certificates of Public Convenience (CPC) or permits

authorizing the operation of public land transportation services provided by motorized
vehicles exclusively within the ARMM, prescribe the appropriate terms and conditions
therefor, and for cause, suspend, cancel or revoke the same; provided that jurisdiction
over public utility vehicles with inter-regional CPC’s or permits, that ply routes within
the ARMM shall remain exclusively with the LTFRB;

3. To determine, prescribe, approve and periodically review and adjust reasonable fares,
rates and other related charges, relative to the operation of public land transportation
services provided by motorized vehicles exclusively within the ARMM;

4. To issue preliminary or permanent injunction, whether prohibitory or mandatory, in all

cases within its jurisdiction in which cases the pertinent provisions of the Rules of Court
shall apply;

5. To punish for contempt; both direct and indirect in accordance with the pertinent
provisions of, and the penalties prescribed by, the Rules of Court;

6. To issue subpoenas and subpoena duces tecum and summon witnesses to appear in any
proceedings of the appropriate office in the ARG, to administer oaths and affirmations,
and in appropriate cases, to order the search and seizure of all vehicles and documents,
upon probable cause and as may be necessary for the proper disposition of the cause
before it;

7. To conduct investigations and hearings of complaints for violation of the public service
laws on land transportation and of the rules and regulations, orders, decisions or rulings
and to impose fines or penalties for such violations; provided that if the violations possess
inter-regional CPC’s or permits, the appropriate office of the ARG in charge of
enforcement of public service laws on land transportation shall file and prosecute the
appropriate cases with the LTFRB;

8. To review motu propio the decisions/actions of the Provincial Franchising and

Regulatory Offices within the ARMM;

9. To promulgate rules and regulations governing proceedings before the appropriate

office in the ARG and the Provincial Franchising and Regulatory Office. However,
except with respect to paragraphs 4, 5, 6 and 7 hereof, the rules of procedure and
evidence prevailing in the courts of law should not be controlling but rather the spirit and
intention of said rules. The appropriate office in the ARG and the Provincial Franchising
and Regulatory Offices shall use every and all reasonable means to ascertain facts in each
case speedily and objectively and without regard to technicalities of law and procedures,
all in the interest of due process;

10. To fix, impose and collect, and periodically review and adjust, reasonable fees and
other related charges for services rendered within the ARMM;

11. To formulate, promulgate, administer, implement and enforce rules and regulations
on land transportation public utilities, standards of measurements or design, and rules and
regulations requiring operators of any public land transportation service to equip, install
and provide in their utilities and in their stations such devices, equipment, facilities and
operating procedures and techniques as may promote safety, protection, comfort and
convenience to persons and property in their charges as well as the safety of persons and
property within their areas of operation; provided, that the same shall apply only within
the ARMM and on public transport vehicles under its jurisdiction; and provided further,
that the rules and regulations are consistent with existing laws and national policies, and
the designs and standards are not below nationally prescribed levels;

12. To coordinate and cooperate with other government agencies and entities concerned
with any aspect involving public land transportation services with the end view of
effecting continuing improvement of such services; and

13. To perform such other functions and duties as may be provided by law, or as may be
necessary, or proper or incidental to the purposes and objectives of the ARG.

C. AIR TRANSPORTATION OFFICE (ATO)

1. To manage, supervise and control government airports within the ARMM, except the
airside at such airports, where aircraft are controlled and navigational aids and facilities
are located, which shall remain under the control and supervision of the National
Government, through the DOTC/ATO;

2. Upon close consultation with the ATO, promulgate rules and regulations to promote
safety and security in civil aviation in the ARMM, which shall be consistent with law and
international regulations and standards;

3. To fix and impose reasonable charges and fees on the use of its airports and related
facilities under its control and supervision;

4. To recommend to the ATO the designation and establishment of airways within its
jurisdiction and to participate in studies pertaining to the development of civil aviation;
5. To extend technical assistance to private airport operations entities within its territorial
jurisdiction;

6. To maintain and operate aircraft necessary to carry out the objectives and activities of
the ARG;

7. To design, install, manage, operate, maintain and repair the airports in the ARMM in
accordance with national standards set by the ATO;

8. To enforce the rules and regulations issued pursuant to R.A. 776 and other air
transportation laws within its jurisdiction and in coordination with the ATO, conduct
investigation, and upon observance of due process, impose penalties for the violations
thereof; provided that, on appeal, the President shall cause the ATO to review the
findings and conclusions of the ARG and to make recommendations relative thereto; and

9. To perform such other functions related to civil aviation as may be provided by law.

D. MARITIME INDUSTRY AUTHORITY (MARINA)

1. To issue Certificate of Public Convenience (CPC), Provisional Authority (PA) and

Special Permit (SP) for both contested and uncontested applications, provided that the
vessels are homeported and are operating exclusively within the ARMM territorial
boundaries; and provided further, that the issuance of CPC/PA/SP of vessels homeported
in the ARMM operating inter-regionally shall be forwarded to this Authority;

2. To issue SP’s for the temporary utilization of domestic vessels in the Brunei-
Darussalam, Indonesia, Malaysia and Philippines-East ASEAN Growth Area (BIMP-
EAGA) routes;

3. To accredit banca operators whose principal office is located within the ARMM
jurisdiction;

4. To register vessels of all tonnages homeported within its territorial boundary and to
issue the corresponding document appurtenant thereto;

5. To conduct safety inspection of vessels homeported and operating with the ARMM
jurisdiction so as to determine the Safety of Life at Sea (SOLAS) compliance and
manning requirements;

6. To issue Coastwise License/Bay and River License/Pleasure Yacht License on all

domestic vessels homeported within the ARMM regional boundaries;

7. To issue Motorboat Operator’s License for operators of vessels weighing three (3)
Gross Registered Tonnages (GRT) and below which are homeported and are operating
exclusively within the ARMM jurisdiction;
8. To issue licenses to shipyards within the ARMM subject to existing guidelines;

9. To issue Domestic Seafarer’s Identification and Record Book (SIRB) subject to

existing MARINA rules and regulations; and

10. To collect fees not exceeding those charged under existing MARINA circulars and
issue receipts therefor in the exercise of the devolved functions.

E. PHILIPPINE PORTS AUTHORITY (PPA)

1. To formulate, in coordination with the Regional Development Office, a comprehensive

and practicable port development plan for the autonomous region and to program its
implementation, and review and update the same regularly in coordination with other
regional agencies;

2. To supervise, control, regulate, construct, maintain, operate and provide such facilities
or services as are necessary in all ports within the ARMM;

3. To prescribe rules and regulations, procedures, and guidelines governing the

establishment, construction, maintenance, and operation of additional ports, including
private ports in the ARMM;

4. To license, control, regulate, supervise any construction or structure within any port in
the ARMM;

5. To provide services (whether on its own, by contract or otherwise) within the region
and the approaches thereof including but not limited to:

5.1 berthing, towing, mooring, moving, slipping, or docking any vessel;

5.2 loading or discharging any vessel; and

5.3 sorting, weighing, measuring, or otherwise, handling goods.

6. To exercise control or administer any foreshore rights or leases within its jurisdiction;

7. To coordinate with the Regional Bureau of Lands or any other regional government
agency of corporation, in the development of any foreshore area;

8. To control, regulate, and supervise pilotage and the conduct of pilots in any port in the
ARMM;

9. To provide or assist in the provision of training programs and training facilities for its
staff, or staff of port operators and users for the efficient discharge of its functions, duties,
and responsibilities;
10. To exercise the corporate powers and the police authority now vested in the Regional
Ports Authority; provided that the exercise of police authority shall not extend to areas
outside the autonomous region;

11. To perform such acts or provide such services as may be deemed proper and
necessary to carry out and implement the provisions of this Executive Order.

F. NATIONAL TELECOMMUNICATIONS COMMISSION (NTC)

1. To issue Certificates of Public Convenience for the operation of communication

utilities and services, radio communication systems, wire or wireless telephone or
telegraph systems, radio and television broadcasting system and other similar public
utilities within the ARMM;

2. To establish, prescribed and regulate areas of operation of particular operators of

public services communications within the ARMM; and determine and prescribe charges
or rates pertinent to the operation of such public utility facilities and services except in
cases where charges or rates are established by international bodies or associations of
which the Philippines is a participating member or by bodies recognized by the
Philippine Government as the proper arbiter of such charges or rates;

3. To grant permit for the use of radio frequencies for wireless telephone and telegraph
systems and radio communication systems including amateur radio stations and radio and
television broadcasting systems within the region;

4. To establish and prescribe rules, regulations, standards and specifications in all cases
related to the issued Certificates of Public Convenience and administer and enforce the
same within its territorial jurisdiction;

5. To coordinate and cooperate with government agencies and other entities concerned
with any aspect involving communications service in the ARMM;

6. To promulgate such rules and regulations applicable within its jurisdiction, as public
safety and interest may require, to encourage a larger and more effective use of
communications, radio and television broadcasting facilities and to maintain effective
competition among private entities in these activities whenever the appropriate office in
the ARG finds it reasonably feasible;

7. To supervise and inspect the operation of radio stations and telecommunications

facilities in the region;

8. To undertake the examination and licensing of radio operators in the region;

9. To undertake, whenever necessary, the registration of radio transmitters and

transceivers operated and used within its territorial jurisdiction;
10. To perform such other functions as may be prescribed by law.

G. CIVIL AERONAUTICS BOARD (CAB)

1. To monitor and enforce, in coordination with the CAB, compliance with laws, rules
and regulations governing those engaged in air transportation and air commerce in the
ARMM;

2. To regulate the activities of air carriers, airfreight forwarders, general sales agents and
cargo sales agents operating within the ARMM consistent with existing laws.

Section 6. Transition Period. During such period, not to exceed one (1) year from the
effectivity hereof, that the ARG is structuring, organizing, staffing, equipping, and
otherwise preparing the appropriate ARG offices for the full discharge of their powers,
functions and responsibilities as devolved, the DOTC, its sectoral offices and attached
agencies are hereby directed to extend their assistance and support to ensure that the
services needed by the public are not disrupted.

Section 7. Standard Setting. The ARG, in the exercise of the powers devolved in this
Executive Order, may formulate its own standards; provided, that in the formulation of
regional standards, it shall adhere to the national standards and pertinent national laws as
a minimum requirement.

Section 8. Programs and Projects. Locally-funded projects of DOTC, its sectoral

offices and attached agencies within the ARMM including the corresponding project
staff, budgets and assets thereof, are hereby transferred to the ARG. Control and
supervision of foreign funded or assisted projects covered by existing contracts, that are
to be implemented within the ARMM, shall be the subject of a Memorandum of
Agreement between the ARG and the DOTC or the agency concerned, as the case may
be.

Section 9. Assets, Equipment, Offices and Land. All existing assets and equipment
being utilized or programmed for use in the four (4) provinces of the ARMM are hereby
turned over to the ARG. The offices and land where the edifices are built or equipment is
located or installed within the ARMM are likewise hereby transferred to the ARG.

Section 10. Personnel Matters. Plantilla positions, whether filled or unfilled, of the

regional field offices of the DOTC and its sectoral offices and attached agencies in the
four (4) ARMM provinces, are hereby placed under the supervision and control of the
ARG. Personal services budgets are henceforth also transferred.

All offices and employees in the career executive/career service in the offices to be
absorbed by the ARG shall be considered regular and permanent officials and employees
of the ARG and shall retain their seniority rights, compensation, and other benefits. They
shall enjoy security of tenure and shall not be removed except for valid cause, after due
notice and hearing in accordance with Civil Service laws, rules and regulations.
Personnel who refuse to be absorbed by the ARG shall have the following options:

a) Regular retirement;

b) Transfer to an office of the DOTC, its sectoral office or its attached agencies in
another region if position is available and management so approves the same; and

c) Transfer to another office based on the availability of positions

Nothing herein shall be interpreted or construed as depriving any affected personnel of

any rights and benefits under the Civil Service and other laws.

Section 11. Proportionate Allocation of Personnel, Budgets and Other

Resources. DOTC offices or its attached agencies which do not have offices within the
ARMM but have regional offices in Region 9 and 12, which serve the four (4) ARMM
provinces, shall immediately transfer to the ARG a proportionate share of their
positions/personnel, equipment, budgets, assets and other resources.

Section 12. Special Assistance. The DOTC, its sectoral offices or attached agencies has
no or few resources to transfer to the autonomous region, special assistance in the form of
additional budgetary support or technical assistance in kind shall be extended to the
ARG.

Section 13. Technical Assistance. The DOTC, its sectoral offices and attached agencies
shall extend technical assistance and other related services to the ARG in improving the
administrative, fiscal and technical skills of its personnel.

Section 14. Submission of Quarterly Report. A quarterly report on the status of the

implementation of this Executive Order shall be submitted to the President by the ARG.

Section 15. Implementing Rules. The DOTC in consultation with the ARG, shall issue
the implementing rules and regulations of this Executive Order within sixty (60) days
from its effectivity.

Section 16. Separability Clause. If any provision of this Executive Order is declared
unconstitutional or contrary to law, the validity and effectivity of the other provisions
hereof shall not be affected.

Section 17. Effectivity. This Executive Order shall take effect fifteen (15) days after its
publication in a national newspaper of general circulation and one (1) newspaper of
general circulation in the ARMM.

Done in the City of Manila, this 28th August, in the year of Our Lord, Nineteen Hundred
and Ninety Seven.
 REPUBLIC ACT No. 4670 June 18, 1966

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.1âшphi1 Education authorities shall refuse to allow the
rendition of services of teachers for other government agencies without the assurance that
the teachers shall be paid the remuneration provided for under this section.

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

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

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

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

Section 16. Salary Scale. Salary scales of teachers shall provide for a gradual progression
from a minimum to a maximum salary by means of regular increments, granted
automatically after three years: Provided, That the efficiency rating of the teacher
concerned is at least satisfactory. The progression from the minimum to the maximum of
the salary scale shall not extend over a period of ten years.
Section 17. Equality in Salary Scales. The salary scales of teachers whose salaries are
appropriated by a city, municipal, municipal district, or provincial government, shall not
be less than those provided for teachers of the National Government.

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

Section 19. Special Hardship Allowances. In areas in which teachers are exposed to
hardship such as difficulty in commuting to the place of work or other hazards peculiar to
the place of employment, as determined by the Secretary of Education, they shall be
compensated special hardship allowances equivalent to at least twenty-five per cent of
their monthly salary.

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

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

IV. HEALTH MEASURES AND INJURY BENEFITS

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

In regions where there is scarcity of medical facilities, teachers may obtain elsewhere the
necessary medical care with the right to be reimbursed for their traveling expenses by the
government entity concerned in the first paragraph of this Section.
Section 23. Compensation For Injuries. Teachers shall be protected against the
consequences of employment injuries in accordance with existing laws. The effects of the
physical and nervous strain on the teacher's health shall be recognized as a compensable
occupational disease in accordance with existing laws.

V. LEAVE AND RETIREMENT BENEFITS

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

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

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

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

VI. TEACHER'S ORGANIZATION

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

Section 28. Discrimination Against Teachers Prohibited. The rights established in the
immediately preceding Section shall be exercised without any interference or coercion. It
shall be unlawful for any person to commit any acts of discrimination against teachers
which are calculated to (a) make the employment of a teacher subject to the condition
that he shall not join an organization, or shall relinquish membership in an organization,

(b) to cause the dismissal of or otherwise prejudice a teacher by reason of his

membership in an organization or because of participation in organization activities
outside school hours, or with the consent of the proper school authorities, within school
hours, and (c) to prevent him from carrying out the duties laid upon him by his position in
the organization, or to penalize him for an action undertaken in that capacity.

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

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

VII. ADMINISTRATION AND ENFORCEMENT

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

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

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

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

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

Section 34. 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

 BATAS PAMBANSA BLG. 232

AN ACT PROVIDING FOR THE ESTABLISHMENT AND MAINTENANCE OF

AN INTEGRATED SYSTEM OF EDUCATION

I. GENERAL PROVISIONS

CHAPTER 1
Preliminary Matters

Section 1. Title - This Act shall be known as the "Education Act of 1982."

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

CHAPTER 2
Declaration of Basic State Policy and Objectives

Section 3. Declaration of Basic Policy - It is the policy of the State to established and
maintain a complete, adequate and integrated system of education relevant to the goals of
national development. Toward this end, the government shall ensure, within the context
of a free and democratic system, maximum contribution of the educational system to the
attainment of the following national developmental goals:

1. To achieve and maintain an accelerating rate of economic development and

social progress;

2. To ensure the maximum participation of all the people in the attainment and
enjoyment of the benefits of such growth; and

3. To achieve and strengthen national unity and consciousness and preserve,

develop and promote desirable cultural, moral and spiritual values in a changing
world.

The State shall promote the right of every individual to relevant quality education,
regardless of sex, age, creed, socio-economic status, physical and mental conditions,
racial or ethnic origin, political or other affiliation. The State shall therefore promote and
maintain equality of access to education as well as the enjoyment of the benefits of
education by all its citizens.

The state shall promote the right of the nation's cultural communities in the exercise of
their right to develop themselves within the context of their cultures, customs, traditions,
interest and belief, and recognizes education as an instrument for their maximum
participation in national development and in ensuring their involvement in achieving
national unity.
Section 4. Declaration of Objectives - The educational system aim to:

1. Provide for a broad general education that will assist each individuals in the
peculiar ecology of his own society, to

(a) attain his potentials as a human being;

(b) enhance the range and quality of individual and group participation in
the basic functions of society; and

(c) acquire the essential educational foundation of his development into a

productive and versatile citizen;

2. Train the nation's manpower in the middle-level skills for national

development;

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

4. Respond effectively to changing needs and conditions of the nation through a

system of educational planning and evaluation.

Towards the realization of these objectives, and pursuant to the Constitution, all
educational institutions shall aim to inculcate love of country, teach the duties of
citizenship, and develop moral character, personal discipline, and scientific,
technological, and vocational efficiency.

Furthermore, the educational system shall reach out to educationally deprived

communities, in order to give meaningful reality to their membership in the national
society, to enrich their civic participation in the community and national life, and to unify
all Filipinos into a free and just nation.

II. THE EDUCATIONAL COMMUNITY

CHAPTER 1
Preliminary Provisions

Section 5. Declaration of Policy and Objectives - It is likewise declared government

policy to foster, at all times, a spirit of shared purposes and cooperation among the
members and elements of the educational community, and between the community and
other sectors of society, in the realization that only in such an atmosphere can be true
goals and objectives of education be fulfilled.

Moreover, the State shall:

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

2. Promote and safeguard the welfare and interest of the students by defining their
rights and obligations, according them privileges, and encouraging the
establishment of sound relationships between them and the other members of the
school community.

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

4. Extend support to promote the viability of those institutions through which

parents, students and school personnel seek to attain their educational goals.

Section 6. Definition and Coverage - "Educational community" refers to those persons or

groups of persons as such or associated in institutions involved in organized teaching and
learning systems.

The members and elements of the educational community are:

1. "Parents" or guardians or the head of the institution or foster home which has
custody of the pupil or student.

2. "Students," or those enrolled in and who regularly attend and educational

institution of secondary or higher level of a person engaged in formal study.
"Pupils," are those who regularly attend a school of elementary level under the
supervision and tutelage of a teacher.

3 "School personnel," or all persons working for an educational institution, which

includes the following:

a. "Teaching or academic staff," or all persons engaged in actual teaching

and/or research assignments, either on full-time or part-time basis, in all
levels of the educational system.

b. "School administrators," or all persons occupying policy implementing

positions having to do with the functions of the school in all levels.

c. "Academic non-teaching personnel," or those persons holding some

academic qualifications and performing academic functions directly
supportive of teaching, such as registrars, librarians, research assistants,
research aides, and similar staff.
 d. "Non-academic personnel," or all other school personnel not falling
under the definition and coverage of teaching and academic staff, school
administrators and academic non-teaching personnel.

4. "Schools," or institutions recognized by the State which undertake educational

operations.

Section 7. Community Participation. - Every educational institution shall provide for the
establishment of appropriate bodies through which the members of the educational
community may discuss relevant issues, and communicate information and suggestions
for assistance and support of the school and for the promotion of their common interest.

Representatives from each subgroup of the educational community shall sit and
participate in these bodies, the rules and procedures of which must be approved by them
and duly published.

CHAPTER 2
Rights

Section 8. Rights of Parents - In addition to other rights under existing laws, all parents
who have children enrolled in a school have the following rights:

1. The right to organize by themselves and/or with teachers for the purpose of
providing a forum for the discussion of matters relating to the total school
program, and for ensuring the full cooperation of parents and teachers in the
formulation and efficient implementation of such programs.

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

Section 9. Right of Students in School - In addition to other rights, and subject to the
limitation prescribed by law and regulations, and student and pupils in all schools shall
enjoy the following rights:

1. The right to receive, primarily through competent instruction, relevant quality

education in line with national goals and conducive to their full development as
person with human dignity.

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

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

5. The right to the issuance of official certificates, diplomas, transcript of records,

grades, transfer credentials and other similar documents within thirty days from
request.

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

7. The right to free expression of opinions and suggestions, and to effective

channels of communication with appropriate academic channels and
administrative bodies of the school or institution.

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

9. The right to be free from involuntary contributions, except those approved by

their own he organizations or societies.

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

1. The right to free expression of opinion and suggestions, and to effective

channels of communication with appropriate academic and administrative bodies
of the school or institution.

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

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

4. The right to be free from involuntary contributions except those imposed by

their own organizations.
Section 11. Special Rights and/or Privileges of Teaching or Academic Staff - Further to
the rights mentioned in the preceding Section, every member of the teaching or academic
staff shall enjoy the following rights and/or privileges:

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

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

3. Teachers shall be deemed persons in authority when in the discharge of lawful

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

4. Teachers shall be accorded the opportunity to choose alternative career lines

either in school administration, in classroom teaching, or others, for purposes of
career advancement.

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

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

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

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

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

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

2. The right for institutions of higher learning to determine on academic grounds

who shall be admitted to study, who may teach, and what shall be subjects of the
study and research.

CHAPTER 3
Duties and Obligations

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

1. Parents, individually or collectively, through the school systems, shall help

carry out the educational objectives in accordance with national goals.
 2. Parents shall be obliged to enable their children to obtain elementary education
and shall strive to enable them to obtain secondary and higher education in the
pursuance of the right formation of the youth.

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

Section 15. Duties and Responsibilities of Students - In addition to those provided for

under existing laws, every student shall:

1. Exert his utmost to develop his potentialities for service, particularly by

undergoing an education suited to his abilities, in order that he may become an
asset to his family and to society.

2. Uphold the academic integrity of the school, endeavor to achieve academic

excellence and abide by the rules and regulations governing his academic
responsibilities and moral integrity.

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

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

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

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

1. Perform his duties to the school by discharging his responsibilities in

accordance with the philosophy, goals, and objectives of the school.

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

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

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

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

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

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

1. Perform his duties to the school by discharging his responsibilities in

accordance with the philosophy, goals and objectives of the school.

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

of the school.

3. Develop and maintain a healthy school atmosphere conducive to the promotion

and preservation of academic freedom and effective teaching and learning, and to
harmonious and progressive school-personnel relationship.

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

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

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

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

consistency in disciplining his teachers and other personnel.

7. Maintain adequate records and submit required reports to the Ministry of

Education, Culture and Sports.

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

personnel shall:

1. Improve himself professionally be keeping abreast of the latest trends and

techniques in his profession.

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

learning.

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

 III. THE EDUCATIONAL SYSTEMS

CHAPTER 1
Formal Education

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

Section 20. Definition - "Formal Educational" refers to the hierarchically structured and

chronologically graded learning organized and provided by the formal school system and
for which certification is required in order for the learner to progress through the grades
or move to higher levels. Formal education shall correspond to the following levels:

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

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

2. Secondary Education. - the state of formal education following the elementary

level concerned primarily with continuing basic education and expanding it to
include the learning of employable gainful skills, usually corresponding to four
years of high school.

3. Tertiary Education. - post secondary schooling is higher education leading to a

degree in a specific profession or discipline.

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

are:

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

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

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

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

4. To promote work experiences which develop the child's orientation to the

world of work and creativity and prepare himself to engage in honest and gainful
work.

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

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

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

Section 23. Objective of Tertiary Education. - The objectives of tertiary education are:

1. To provide a general education program that will promote national identity,

cultural consciousness, moral integrity and spiritual vigor;

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

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

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

CHAPTER 2
Non-Education and Specialized Educational Services

Section 24. Specialized Educational Service - The State further recognizes its

responsibility to provide, within the context of the formal education system, services to
meet special needs of certain clientele. These specific types, which shall be guided by the
basic policies of the State embodied in the General Provisions of this Act, include:

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

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

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

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

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

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

The objectives of non-formal education are as follows:

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

b. To provide unemployed and underemployed youth and adults with

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

c. To develop among the clientele of non-formal education proper values

and attitudes necessary for personal, community and national
development.

CHAPTER 3
Establishment of Schools

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

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

Government assistance to such schools for educational programs shall be used

exclusively for that purpose.

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

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

institutions.

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

the government.

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

private individuals or groups.

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

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

In all other case the rules and regulations governing recognition shall be prescribed and
enforced by the Ministry of Education, Culture and Sports defining therein who are
qualified to apply, providing for a permit system, stating the conditions for the grant of
recognition and for its cancellation and withdrawal, and providing for related matters.
Section 28. Effects of Recognition; Punishable Violations - The issuance of a certificate
of recognition to a school shall have the following effects:

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

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

3. It shall entitle the students who have graduated from said recognized course or
courses to all the benefits and privileges enjoyed by graduates in similar courses
of studies in all schools recognized by the government.

Operation of schools and educational programs without authorization, and/or operation

thereof in violation of the terms of recognition, are hereby declared punishable violations
subject to the penalties provided in this Act.

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

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

CHAPTER 4
Internal Organization of Schools

Section 30. Organization of Schools - Each school shall establish such internal

organization as will best enable it to carry out its academic and administrative functions,
subject to limitations provided by law.

Each school establish such arrangements for the peaceful settlement of disputes between
or among the members of the educational community.

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

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

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

personnel in government schools shall be governed by the Civil Service, budgetary and
compensation laws and rules.

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

CHAPTER 5
School Finance and Assistance

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

1. Adopt measures to broaden access to education through financial assistance and

other forms of incentives to schools, teachers, pupils and students; and

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

A. FUNDING OF REPUBLIC SCHOOLS

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

Section 35. Financial Aid Assistance to Public Secondary Schools - The national

government shall extend financial aid and assistance to public secondary schools
established and maintained by local governments, including barangay high schools.

Section 36. Share of Local Government - Provinces, cities and municipalities and

barangays shall appropriate funds in their annual budgets for the operation and
maintenance of public secondary schools on the basis of national fund participation.

Section 37. Special Education Fund - The proceeds of the Special Education Fund
accruing to local governments shall be used exclusively for the purposes enumerated in
Section 1 of Republic Act No. 5447, and in accordance with rules and regulations issued
by the Ministry of Education, Culture and Sports and the Ministry of the Budget. Said
proceeds shall be considered a local fund and shall be subject to Presidential Decrees No.
477, Presidential Decree No. 1375 and other applicable local budget laws and
regulations.

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

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

may receive grants, legacies, donations and gifts for purposes allowed by existing laws.
Furthermore, income generated from production activities and from auxiliary enterprises
may be retained and used for schools concerned in accordance with rules and regulations
jointly issued consistently with pertinent appropriation and budgetary laws by the
Ministry of the Budget, the Ministry of Education, Culture and Sports and the
Commission on Audit.

B. FUNDING OF PRIVATE SCHOOLS

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

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

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

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

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

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

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

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

C. INCENTIVES TO EDUCATION

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

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

Section 47. Relating to Gifts or Donations to Schools - All gifts or donation in favor of

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

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

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

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

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

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

D. ASSISTANCE TO STUDENTS

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

assistance to financially disadvantaged and deserving students. Such assistance may be in
the form of State scholarships, grants-in-aid, assistance from the Educational Loan Fund,
or subsidized tuition rates in State colleges and universities.

All the above and similar assistance programs shall provide for reserve quotas for
financially needed but academically qualified students from the national cultural
communities.

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

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

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

IV. THE MINISTRY OF EDUCATION, CULTURE AND SPORTS

CHAPTER 1
GENERAL PROVISIONS

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

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

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

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

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

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

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

educational plans;

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

3. Promulgate rules and regulations necessary for the administration, supervision

and regulation of the educational system in accordance with declared policy;

4. Set up general objectives for the school system;

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

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

7. Recommend and study legislation proposed for adoption.

Section 58. Report to the Batasang Pambansa. - The Minister of Education, Culture and
Sports shall make an annual report to the Batasang Pambansa on the implementation of
the national basic education plan, the current condition of the education programs, the
adequacy or deficiency of the appropriations and status of expenditures, the impact of
education on the different regions, the growth of enrollment, the adequacy of academic
facilities, the concentration of low income groups, or the supply of teaching and non-
teaching personnel, with such comments and appropriate recommendations thirty (30)
days before the opening of its regular session.
 CHAPTER 2
BOARD OF HIGHER EDUCATION

Section 59. Declaration of Policy - Higher education will be granted towards the

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

Section 60. Organization of the Board of Higher Education - The Board of Higher

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

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

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

integrated system of higher education and the continuing evaluation thereof.

2. Recommend to the Minister of Education, Culture and Sports steps to improve

the governance of the various components of the higher education system at
national and regional levels.

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

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

CHAPTER 3
THE BUREAUS

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

1. Conduct studies and formulate, develop, and evaluate programs and

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

3. Formulate guidelines to improve elementary school physical plants and

equipment, and general management of these schools.

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

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

2. Develop curricular designs, prepare instructional materials, and prepare and

evaluate programs to update the quality of the teaching and non-teaching staff at
the secondary level;

3. Formulate guidelines to improve the secondary school physical plants and

equipment, and general management of these schools.

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

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

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

technical programs and recommend educational standards for these programs;

3. Develop curricular designs and prepare instructional materials, prepare and

evaluate programs to upgrade the quality of teaching and non-teaching staff, and
formulate guidelines to improve the physical plant and equipment of post-
secondary vocational-technical schools.

Section 65. Bureau of Higher Education - The Bureau of higher Education shall perform
the following functions:

1. Develop, formulate and evaluate programs, projects and educational standards

for a higher education;

2. Provide staff assistance to the Board of Higher Education in its policy

formulation and advisory functions;

3. Provide technical assistance to encourage institutional development programs

and projects;

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

 5. Perform other functions provided for by law.

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

1. Serve as a means of meeting the learning needs of those unable to avail

themselves of the educational services and programs of formal education;

2. Provide opportunities for the acquisition of skills necessary to enhance and

ensure continuing employability, efficiency, productivity, and competitiveness in
the labor market;

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

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

CHAPTER 4
REGIONAL OFFICES

Section 67. Functions - A regional office shall:

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

2. Implement education laws, policies, plans, programs, rules and regulations of

the Ministry or agency in the regional area;

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

the area.

V. MISCELLANEOUS PROVISIONS

CHAPTER 1
PENAL ADMINISTRATIVE SANCTIONS

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

If the act is committed by a school corporation, the school head together with the person
or persons responsible for the offense or violation shall be equally liable.
Section 69. Administrative Sanction - The Minister of Education, Culture and Sports may
prescribe and impose such administrative sanction as he may deem reasonable and
appropriate in the implementing rules and regulations promulgated pursuant to this Act
for any of the following causes:

1. Mismanagement of school operations;

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

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

permit or recognition;

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

implementing rules and regulations; and

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

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

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

CHAPTER 2
ADMINISTRATIVE PROVISIONS

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

Section 71. Separability Provision - Any part or provision of this Act which may held
invalid or unconstitutional shall not affect its remaining parts of provisions.

Section 72. Repealing Clause - All laws or parts thereof inconsistent with any provision
of this Act shall be deemed repealed or modified, as the case may be.

Section 73. Effectivity - This Act shall take effect upon its approval.

Approved, September 11, 1982.

Republic Act No. 6713             February 20, 1989

AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL

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

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

assembled:

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

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

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

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

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

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

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

liberality, in favor of another who accepts it, and shall include a simulated sale or
an ostensibly onerous disposition thereof. It shall not include an unsolicited gift of
nominal or insignificant value not given in anticipation of, or in exchange for, a
favor from a public official or employee.

(d) "Receiving any gift" includes the act of accepting directly or indirectly, a gift
from a person other than a member of his family or relative as defined in this Act,
even on the occasion of a family celebration or national festivity like Christmas, if
the value of the gift is neither nominal nor insignificant, or the gift is given in
anticipation of, or in exchange for, a favor.
 (e) "Loan" covers both simple loan and commodatum as well as guarantees,
financing arrangements or accommodations intended to ensure its approval.

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

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

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

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

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

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

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

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

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

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

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

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

discharge their duties with the highest degree of excellence,
professionalism, intelligence and skill. They shall enter public service with
utmost devotion and dedication to duty. They shall endeavor to discourage
wrong perceptions of their roles as dispensers or peddlers of undue
patronage.
 (c) Justness and sincerity. - Public officials and employees shall remain
true to the people at all times. They must act with justness and sincerity
and shall not discriminate against anyone, especially the poor and the
underprivileged. They shall at all times respect the rights of others, and
shall refrain from doing acts contrary to law, good morals, good customs,
public policy, public order, public safety and public interest. They shall
not dispense or extend undue favors on account of their office to their
relatives whether by consanguinity or affinity except with respect to
appointments of such relatives to positions considered strictly confidential
or as members of their personal staff whose terms are coterminous with
theirs.

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

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

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

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

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

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

commit themselves to the democratic way of life and values, maintain the
principle of public accountability, and manifest by deeds the supremacy of
civilian authority over the military. They shall at all times uphold the
Constitution and put loyalty to country above loyalty to persons or party.

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

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

Section 5. Duties of Public Officials and Employees. - In the performance of their duties,
all public officials and employees are under obligation to:lawphi1.net

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

has a regular or pending official transaction with their office.

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

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

or

(2) To prejudice the public interest.

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

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

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

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

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

of a scholarship or fellowship grant or medical treatment; or

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

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

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

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

scientific or cultural exchange programs subject to national security requirements.

Section 8. Statements and Disclosure. - Public officials and employees have an

obligation to accomplish and submit declarations under oath of, and the public has the
right to know, their assets, liabilities, net worth and financial and business interests
including those of their spouses and of unmarried children under eighteen (18) years of
age living in their households.

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

The two documents shall contain information on the following:

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

(b) personal property and acquisition cost;

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

(d) liabilities, and;

(e) all business interests and financial connections.

The documents must be filed:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

all times. When a conflict of interest arises, he shall resign from his position in any
private business enterprise within thirty (30) days from his assumption of office and/or
divest himself of his shareholdings or interest within sixty (60) days from such
assumption.
The same rule shall apply where the public official or employee is a partner in a
partnership.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

REPUBLIC ACT NO. 9293

AN ACT AMENDING CERTAIN SECS OF REPUBLIC ACT NUMBERED

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

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

assembled:

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

“SEC. 15. Qualification Requirements of Applicants. – No applicant shall be admitted to

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

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

possesses the minimum educational qualifications, as follows:

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

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

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

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

SEC 2. Section 26 of the same Act is hereby amended to read as follows:

“SEC. 26. Registration and Exception. – No person shall engage in teaching and/or act as
a professional teacher as defined in this Act, whether in the preschool, elementary or
secondary level, unless the person is a duly registered professional teacher, and a holder
of a valid certificate of registration and a valid professional license or a holder of a valid
special/temporary permit.
Upon approval of the application and payment of the prescribed fees, the certificate of
registration and professional license as a professional teacher shall be issued without
examination as required in this Act to a qualified applicant, who is:

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

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

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

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

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

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

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

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

SEC 4. References to the term “Department of Education, Culture and Sports”, in section
4 (a) and section 25, and the term “DECS” in section 20, of the same Act, are hereby
amended to read as “Department of Education” and “DepEd”, respectively.

SEC 5. Separability Clause. – If, for any reason, any section or provision of this Act or
the application of such section or provision to any person or circumstance is declared
unconstitutional or invalid, no other section or provision of this Act shall be affected
thereby.

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

SEC 7. Effectivity. – This Act shall take effect upon approval.

 REPUBLIC ACT No. 7722

AN ACT CREATING THE COMMISSION ON HIGHER EDUCATION,

APPROPRIATING FUNDS THEREFOR 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 "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

above mentioned 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, the 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 successor
shall be appointed by the President of the Philippines but only for the unexpired portion
of the term.

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

Section 7. Board of Advisers. - There shall be constituted a Board of Advisers which

shall meet with the Commission at least once a year to assist it in aligning its policies and
plans with the cultural, political and socioeconomic development needs of the nation and
with the demands of world-class scholarship.

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); and

g. 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 Development 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.1âwphi1

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

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

Section 21. Effectivity. - This Act shall take effect upon its approval.
 REPUBLIC ACT NO. 9155

AN ACT INSTITUTING A FRAMEWORK OF GOVERNANCE FOR BASIC

EDUCATION, ESTABLISHING AUTHORITY AND ACCOUNTABILITY,
RENAMING THE DEPARTMENT OF EDUCATION, CULTURE AND SPORTS
AS THE DEPARTMENT OF EDUCATION, AND FOR OTHER PURPOSES

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

assembled:

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

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

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

Governance of basic education shall begin at the national level. It is at the regions,
divisions, schools and learning centers — herein referred to as the field offices — where
the policy and principle for the governance of basic education shall be translated into
programs, projects and services developed, adapted and offered to fit local needs.

The State shall encourage local initiatives for improving the quality of basic education.
The State shall ensure that the values, needs and aspirations of a school community are
reflected in the program of education for the children, out-of-school youth and adult
learners. Schools and learning centers shall be empowered to make decisions on what is
best for the learners they serve.

SEC. 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.

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

(a)   Alternative Learning System – is a parallel learning system to provide a viable

alternative to the existing formal education instruction. It encompasses both the non-
formal and informal sources of knowledge and skills;

(b)   Basic Education – is the education intended to meet basic learning needs which lays
the foundation on which subsequent learning can be based. It encompasses early
childhood, elementary and high school education as well as alternative learning systems
for 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 Schools – is a school that offers a complete basic education in one school
site and has unified instructional programs;

(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 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 cyber site; and

(m) School Head – is a person responsible for the administrative and instructional

supervision of the school or cluster of schools.

CHAPTER 1

 Governance of Basic Education

Sec. 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;

Sec. 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.

Sec. 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 benchmarking for
international competitiveness;

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

(5)   Undertaking research projects and developing and managing regionwide projects
which may be funded through official development assistance and/or other funding
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)   Performing 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. Schools districts
already existing at the time of the passage of this 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 team with
the school teachers/learning facilitators for delivery of quality educational programs,
projects and services. A core of non-teaching 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, non-academic 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 and 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 division
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 the 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, Record 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

Sec. 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

Sec. 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.

Sec. 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.

Sec. 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

Sec. 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.'”

Sec. 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.

Sec. 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.
Sec. 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.

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

Lapsed into law on August 11, 2001 without the President’s signature, pursuant to Sec.
27(1), Article VI of the Constitution.
 REPUBLIC ACT NO. 356

REPUBLIC ACT NO. 356 - AN ACT APPROPRIATING THE SUM OF THREE

THOUSAND PESOS TO GRANT A MONETARY REWARD TO THE PERSONS
WHO FOUND THE REMAINS OF THE LATE GOVERNOR JUAN AGUDO OF
BATANES AND FOR BURIAL EXPENSES OF SAID REMAINS

Section 1. The sum of three thousand pesos is hereby appropriated, out of any funds in
the National Treasury not otherwise appropriated, to be at the disposal of the Provincial
Board of Batanes with the approval of the Secretary of the Interior, of which amount, one
thousand pesos shall be granted as monetary reward to the persons who found the
remains of the late Governor Juan Agudo of Batanes and two thousand pesos shall be
spent for the burial expenses of the remains of said deceased governor.

Sec. 2. This Act shall take effect upon its approval.

Approved: June 4, 1949
 REPUBLIC ACT 7877

ANTI-SEXUAL HARASSMENT ACT OF 1995

AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE

EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND FOR
OTHER PURPOSES.

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

assembled:

SECTION 1. Title. - This Act shall be known as the "Anti-Sexual Harassment Act of
1995."

SECTION 2. Declaration of Policy. - The State shall value the dignity of every
individual, enhance the development of its human resources, guarantee full respect for
human rights, and uphold the dignity of workers, employees, applicants for employment,
students or those undergoing training, instruction or education. Towards this end, all
forms of sexual harassment in the employment, education or training environment are
hereby declared unlawful.

SECTION 3. Work, Education or Training -Related, Sexual Harassment Defined. -

Work, education or training-related sexual harassment is committed by an employer,
employee, manager, supervisor, agent of the employer, teacher, instructor, professor,
coach, trainor, or any other person who, having authority, influence or moral ascendancy
over another in a work or training or education environment, demands, requests or
otherwise requires any sexual favor from the other, regardless of whether the demand,
request or requirement for submission is accepted by the object of said Act.

(a) In a work-related or employment environment, sexual harassment is committed

when:
(1) The sexual favor is made as a condition in the hiring or in the
employment, re-employment or continued employment of said individual, or in granting
said individual favorable compensation, terms of conditions, promotions, or privileges;
or the refusal to grant the sexual favor results in limiting, segregating or classifying the
employee which in any way would discriminate, deprive ordiminish employment
opportunities or otherwise adversely affect said employee;

(2) The above acts would impair the employee's rights or privileges under
existing labor laws; or

(3) The above acts would result in an intimidating, hostile, or offensive

environment for the employee.
(b) In an education or training environment, sexual harassment is committed:
(1) Against one who is under the care, custody or supervision of the offender;
(2) Against one whose education, training, apprenticeship or tutorship is
entrusted to the offender;
 (3) When the sexual favor is made a condition to the giving of a passing grade,
or the granting of honors and scholarships, or the payment of a stipend, allowance or
other benefits, privileges, or consideration; or

(4) When the sexual advances result in an intimidating, hostile or offensive

environment for the student, trainee or apprentice.
Any person who directs or induces another to commit any act of sexual harassment
as herein defined, or who cooperates in the commission thereof by another without
which it would not have been committed, shall also be held liable under this Act.

SECTION 4. Duty of the Employer or Head of Office in a Work-related, Education or

Training Environment. - It shall be the duty of the employer or the head of the work-
related, educational or training environment or institution, to prevent or deter the
commission of acts of sexual harassment and to provide the procedures for the
resolution, settlement or prosecution of acts of sexual harassment. Towards this end, the
employer or head of office shall:

(a) Promulgate appropriate rules and regulations in consultation with and joint1y
approved by the employees or students or trainees, through their duly designated
representatives, prescribing the procedure for the investigation of sexual harassment
cases and the administrative sanctions therefor.

Administrative sanctions shall not be a bar to prosecution in the proper courts for
unlawful acts of sexual harassment.

The said rules and regulations issued pursuant to this subsection (a) shall include,
among others, guidelines on proper decorum in the workplace and educational or
training institutions.
(b) Create a committee on decorum and investigation of cases on sexual harassment.
The committee shall conduct meetings, as the case may be, with officers and employees,
teachers, instructors, professors, coaches, trainors, and students or trainees to increase
understanding and prevent incidents of sexual harassment. It shall also conduct the
investigation of alleged cases constituting sexual harassment.

In the case of a work-related environment, the committee shall be composed of at

least one (1) representative each from the management, the union, if any, the employees
from the supervisory rank, and from the rank and file employees.
In the case of the educational or training institution, the committee shall be composed
of at least one (1) representative from the administration, the trainors, instructors,
professors or coaches and students or trainees, as the case may be.

The employer or head of office, educational or training institution shall disseminate

or post a copy of this Act for the information of all concerned.

SECTION 5. Liability of the Employer, Head of Office, Educational or Training

Institution. - The employer or head of office, educational or training institution shall be
solidarily liable for damages arising from the acts of sexual harassment committed in
the employment, education or training environment if the employer or head of office,
educational or training institution is informed of such acts by the offended party and no
immediate action is taken.

SECTION 6. Independent Action for Damages. - Nothing in this Act shall preclude
the victim of work, education or training-related sexual harassment from instituting a
separate and independent action for damages and other affirmative relief.

SECTION 7. Penalties. - Any person who violates the provisions of this Act shall,
upon conviction, be penalized by imprisonment of not less than one (1) month nor more
than six (6) months, or a fine of not less than Ten thousand pesos (P10,000) nor more
than Twenty thousand pesos (P20,000), or both such fine and imprisonment at the
discretion of the court.

Any action arising from the violation of the provisions of this Act shall prescribe in
three (3) years.

SECTION 8. Separability Clause. - If any portion or provision of this Act is declared

void or unconstitutional, the remaining portions or provisions hereof shall not be affected
by such declaration.

SECTION 9. Repealing Clause. - All laws, decrees, orders, rules and regulations,
other issuances, or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SECTION 10. Effectivity Clause.- This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) national newspapers of general circulation.

REPUBLIC ACT NO. 10175

AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION,

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

CHAPTER I
PRELIMINARY PROVISIONS

SECTION 1. Title. — This Act shall be known as the “Cybercrime Prevention Act of
2012”.

SEC. 2. Declaration of Policy. — The State recognizes the vital role of information and
communications industries such as content production, telecommunications, broadcasting
electronic commerce, and data processing, in the nation’s overall social and economic
development. The State also recognizes the importance of providing an environment
conducive to the development, acceleration, and rational application and exploitation of
information and communications technology (ICT) to attain free, easy, and intelligible
access to exchange and/or delivery of information; and the need to protect and safeguard
the integrity of computer, computer and communications systems, networks, and
databases, and the confidentiality, integrity, and availability of information and data
stored therein, from all forms of misuse, abuse, and illegal access by making punishable
under the law such conduct or conducts. In this light, the State shall adopt sufficient
powers to effectively prevent and combat such offenses by facilitating their detection,
investigation, and prosecution at both the domestic and international levels, and by
providing arrangements for fast and reliable international cooperation.

SEC. 3. Definition of Terms.  — For purposes of this Act, the following terms are hereby
defined as follows:

(a) Access  refers to the instruction, communication with, storing data in, retrieving data
from, or otherwise making use of any resources of a computer system or communication
network.

(b) Alteration refers to the modification or change, in form or substance, of an existing

computer data or program.

(c) Communication  refers to the transmission of information through ICT media,

including voice, video and other forms of data.

(d) Computer  refers to an electronic, magnetic, optical, electrochemical, or other data

processing or communications device, or grouping of such devices, capable of
performing logical, arithmetic, routing, or storage functions and which includes any
storage facility or equipment or communications facility or equipment directly related to
or operating in conjunction with such device. It covers any type of computer device
including devices with data processing capabilities like mobile phones, smart phones,
computer networks and other devices connected to the internet.
(e) Computer data  refers to any representation of facts, information, or concepts in a
form suitable for processing in a computer system including a program suitable to cause a
computer system to perform a function and includes electronic documents and/or
electronic data messages whether stored in local computer systems or online.

(f) Computer program refers to a set of instructions executed by the computer to achieve

intended results.

(g) Computer system  refers to any device or group of interconnected or related devices,

one or more of which, pursuant to a program, performs automated processing of data. It
covers any type of device with data processing capabilities including, but not limited to,
computers and mobile phones. The device consisting of hardware and software may
include input, output and storage components which may stand alone or be connected in a
network or other similar devices. It also includes computer data storage devices or media.

(h) Without right refers to either: (i) conduct undertaken without or in excess of

authority; or (ii) conduct not covered by established legal defenses, excuses, court orders,
justifications, or relevant principles under the law.

(i) Cyber refers to a computer or a computer network, the electronic medium in which

online communication takes place.

(j) Critical infrastructure refers to the computer systems, and/or networks, whether

physical or virtual, and/or the computer programs, computer data and/or traffic data so
vital to this country that the incapacity or destruction of or interference with such system
and assets would have a debilitating impact on security, national or economic security,
national public health and safety, or any combination of those matters.

(k) Cybersecurity refers to the collection of tools, policies, risk management approaches,

actions, training, best practices, assurance and technologies that can be used to protect the
cyber environment and organization and user’s assets.

(l) Database refers to a representation of information, knowledge, facts, concepts, or

instructions which are being prepared, processed or stored or have been prepared,
processed or stored in a formalized manner and which are intended for use in a computer
system.

(m) Interception  refers to listening to, recording, monitoring or surveillance of the

content of communications, including procuring of the content of data, either directly,
through access and use of a computer system or indirectly, through the use of electronic
eavesdropping or tapping devices, at the same time that the communication is occurring.

(n) Service provider  refers to:

(1) Any public or private entity that provides to users of its service the ability to
communicate by means of a computer system; and
(2) Any other entity that processes or stores computer data on behalf of such
communication service or users of such service.

(o) Subscriber’s information refers to any information contained in the form of computer

data or any other form that is held by a service provider, relating to subscribers of its
services other than traffic or content data and by which identity can be established:

(1) The type of communication service used, the technical provisions taken thereto and
the period of service;

(2) The subscriber’s identity, postal or geographic address, telephone and other access
numbers, any assigned network address, billing and payment information, available on
the basis of the service agreement or arrangement; and

(3) Any other available information on the site of the installation of communication
equipment, available on the basis of the service agreement or arrangement.

(p) Traffic data or non-content data refers to any computer data other than the content of
the communication including, but not limited to, the communication’s origin, destination,
route, time, date, size, duration, or type of underlying service.

CHAPTER II
PUNISHABLE ACTS

SEC. 4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime
punishable under this Act:

(a) Offenses against the confidentiality, integrity and availability of computer data and
systems:

(1) Illegal Access. – The access to the whole or any part of a computer system without
right.

(2) Illegal Interception. – The interception made by technical means without right of any
non-public transmission of computer data to, from, or within a computer system
including electromagnetic emissions from a computer system carrying such computer
data.

(3) Data Interference. — The intentional or reckless alteration, damaging, deletion or

deterioration of computer data, electronic document, or electronic data message, without
right, including the introduction or transmission of viruses.

(4) System Interference. — The intentional alteration or reckless hindering or

interference with the functioning of a computer or computer network by inputting,
transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or
program, electronic document, or electronic data message, without right or authority,
including the introduction or transmission of viruses.

(5) Misuse of Devices.

(i) The use, production, sale, procurement, importation, distribution, or otherwise making
available, without right, of:

(aa) A device, including a computer program, designed or adapted primarily for the
purpose of committing any of the offenses under this Act; or

(bb) A computer password, access code, or similar data by which the whole or any part of
a computer system is capable of being accessed with intent that it be used for the purpose
of committing any of the offenses under this Act.

(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with intent
to use said devices for the purpose of committing any of the offenses under this section.

(6) Cyber-squatting. – The acquisition of a domain name over the internet in bad faith to
profit, mislead, destroy reputation, and deprive others from registering the same, if such a
domain name is:

(i) Similar, identical, or confusingly similar to an existing trademark registered with the
appropriate government agency at the time of the domain name registration:

(ii) Identical or in any way similar with the name of a person other than the registrant, in
case of a personal name; and

(iii) Acquired without right or with intellectual property interests in it.

(b) Computer-related Offenses:

(1) Computer-related Forgery. —

(i) The input, alteration, or deletion of any computer data without right resulting in
inauthentic data with the intent that it be considered or acted upon for legal purposes as if
it were authentic, regardless whether or not the data is directly readable and intelligible;
or

(ii) The act of knowingly using computer data which is the product of computer-related
forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest
design.

(2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of

computer data or program or interference in the functioning of a computer system,
causing damage thereby with fraudulent intent: Provided, That if no
damage has yet been caused, the penalty imposable shall be one (1) degree lower.

(3) Computer-related Identity Theft. – The intentional acquisition, use, misuse, transfer,
possession, alteration or deletion of identifying information belonging to another,
whether natural or juridical, without right: Provided, That if no damage has yet been
caused, the penalty imposable shall be one (1) degree lower.

(c) Content-related Offenses:

(1) Cybersex. — The willful engagement, maintenance, control, or operation, directly or

indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of
a computer system, for favor or consideration.

(2) Child Pornography. — The unlawful or prohibited acts defined and punishable
by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed
through a computer system: Provided,  That the penalty to be imposed shall be (1) one
degree higher than that provided for in Republic Act No. 9775.

(3) Unsolicited Commercial Communications. — The transmission of commercial

electronic communication with the use of computer system which seek to advertise, sell,
or offer for sale products and services are prohibited unless:

(i) There is prior affirmative consent from the recipient; or

(ii) The primary intent of the communication is for service and/or administrative
announcements from the sender to its existing users, subscribers or customers; or

(iii) The following conditions are present:

(aa) The commercial electronic communication contains a simple, valid, and reliable way
for the recipient to reject. receipt of further commercial electronic messages (opt-out)
from the same source;

(bb) The commercial electronic communication does not purposely disguise the source of
the electronic message; and

(cc) The commercial electronic communication does not purposely include misleading
information in any part of the message in order to induce the recipients to read the
message.

(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the
Revised Penal Code, as amended, committed through a computer system or any other
similar means which may be devised in the future.

SEC. 5. Other Offenses. —  The following acts shall also constitute an offense:
(a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully
abets or aids in the commission of any of the offenses enumerated in this Act shall be
held liable.

(b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to
commit any of the offenses enumerated in this Act shall be held liable.

SEC. 6. All crimes defined and penalized by the Revised Penal Code, as amended, and
special laws, if committed by, through and with the use of information and
communications technologies shall be covered by the relevant provisions of this
Act: Provided, That the penalty to be imposed shall be one (1) degree higher than that
provided for by the Revised Penal Code, as amended, and special laws, as the case may
be.

SEC. 7. Liability under Other Laws. — A prosecution under this Act shall be without
prejudice to any liability for violation of any provision of the Revised Penal Code, as
amended, or special laws.

CHAPTER III
PENALTIES

SEC. 8. Penalties. — Any person found guilty of any of the punishable acts enumerated
in Sections 4(a) and 4(b) of this Act shall be punished with imprisonment of prision
mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) up to a
maximum amount commensurate to the damage incurred or both.

Any person found guilty of the punishable act under Section 4(a)(5) shall be punished
with imprisonment of prision mayor or a fine of not more than Five hundred thousand
pesos (PhP500,000.00) or both.

If punishable acts in Section 4(a) are committed against critical infrastructure, the penalty
of reclusion temporal or a fine of at least Five hundred thousand pesos (PhP500,000.00)
up to maximum amount commensurate to the damage incurred or both, shall be imposed.

Any person found guilty of any of the punishable acts enumerated in Section 4(c)(1) of
this Act shall be punished with imprisonment of prision mayor or a fine of at least Two
hundred thousand pesos (PhP200,000.00) but not exceeding One million pesos
(PhP1,000,000.00) or both.

Any person found guilty of any of the punishable acts enumerated in Section 4(c)(2) of
this Act shall be punished with the penalties as enumerated in Republic Act No. 9775 or
the “Anti-Child Pornography Act of 2009”: Provided, That the penalty to be imposed
shall be one (1) degree higher than that provided for in Republic Act No. 9775, if
committed through a computer system.
Any person found guilty of any of the punishable acts enumerated in Section 4(c)(3) shall
be punished with imprisonment of arresto mayor or a fine of at least Fifty thousand
pesos (PhP50,000.00) but not exceeding Two hundred fifty thousand pesos
(PhP250,000.00) or both.

Any person found guilty of any of the punishable acts enumerated in Section 5 shall be
punished with imprisonment one (1) degree lower than that of the prescribed penalty for
the offense or a fine of at least One hundred thousand pesos (PhP100,000.00) but not
exceeding Five hundred thousand pesos (PhP500,000.00) or both.

SEC. 9. Corporate Liability. — When any of the punishable acts herein defined are
knowingly committed on behalf of or for the benefit of a juridical person, by a natural
person acting either individually or as part of an organ of the juridical person, who has a
leading position within, based on: (a) a power of representation of the juridical person
provided the act committed falls within the scope of such authority; (b) an authority to
take decisions on behalf of the juridical person: Provided, That the act committed falls
within the scope of such authority; or (c) an authority to exercise control within the
juridical person, the juridical person shall be held liable for a fine equivalent to at least
double the fines imposable in Section 7 up to a maximum of Ten million pesos
(PhP10,000,000.00).

If the commission of any of the punishable acts herein defined was made possible due to
the lack of supervision or control by a natural person referred to and described in the
preceding paragraph, for the benefit of that juridical person by a natural person acting
under its authority, the juridical person shall be held liable for a fine equivalent to at least
double the fines imposable in Section 7 up to a maximum of Five million pesos
(PhP5,000,000.00).

The liability imposed on the juridical person shall be without prejudice to the criminal
liability of the natural person who has committed the offense.

CHAPTER IV
ENFORCEMENT AND IMPLEMENTATION

SEC. 10. Law Enforcement Authorities. — The National Bureau of Investigation (NBI)

and the Philippine National Police (PNP) shall be responsible for the efficient and
effective law enforcement of the provisions of this Act. The NBI and the PNP shall
organize a cybercrime unit or center manned by special investigators to exclusively
handle cases involving violations of this Act.

SEC. 11. Duties of Law Enforcement Authorities. — To ensure that the technical nature
of cybercrime and its prevention is given focus and considering the procedures involved
for international cooperation, law enforcement authorities specifically the computer or
technology crime divisions or units responsible for the investigation of cybercrimes are
required to submit timely and regular reports including pre-operation, post-operation and
investigation results and such other documents as may be required to the Department of
Justice (DOJ) for review and monitoring.

SEC. 12. Real-Time Collection of Traffic Data. — Law enforcement authorities, with due
cause, shall be authorized to collect or record by technical or electronic means traffic data
in real-time associated with specified communications transmitted by means of a
computer system.

Traffic data refer only to the communication’s origin, destination, route, time, date, size,
duration, or type of underlying service, but not content, nor identities.

All other data to be collected or seized or disclosed will require a court warrant.

Service providers are required to cooperate and assist law enforcement authorities in the
collection or recording of the above-stated information.

The court warrant required under this section shall only be issued or granted upon written
application and the examination under oath or affirmation of the applicant and the
witnesses he may produce and the showing: (1) that there are reasonable grounds to
believe that any of the crimes enumerated hereinabove has been committed, or is being
committed, or is about to be committed: (2) that there are reasonable grounds to believe
that evidence that will be obtained is essential to the conviction of any person for, or to
the solution of, or to the prevention of, any such crimes; and (3) that there are no other
means readily available for obtaining such evidence.

SEC. 13. Preservation of Computer Data. — The integrity of traffic data and subscriber
information relating to communication services provided by a service provider shall be
preserved for a minimum period of six (6) months from the date of the transaction.
Content data shall be similarly preserved for six (6) months from the date of receipt of the
order from law enforcement authorities requiring its preservation.

Law enforcement authorities may order a one-time extension for another six (6)
months: Provided, That once computer data preserved, transmitted or stored by a service
provider is used as evidence in a case, the mere furnishing to such service provider of the
transmittal document to the Office of the Prosecutor shall be deemed a notification to
preserve the computer data until the termination of the case.

The service provider ordered to preserve computer data shall keep confidential the order
and its compliance.

SEC. 14. Disclosure of Computer Data. — Law enforcement authorities, upon securing a

court warrant, shall issue an order requiring any person or service provider to disclose or
submit subscriber’s information, traffic data or relevant data in his/its possession or
control within seventy-two (72) hours from receipt of the order in relation to a valid
complaint officially docketed and assigned for investigation and the disclosure is
necessary and relevant for the purpose of investigation.
SEC. 15. Search, Seizure and Examination of Computer Data. — Where a search and
seizure warrant is properly issued, the law enforcement authorities shall likewise have the
following powers and duties.

Within the time period specified in the warrant, to conduct interception, as defined in this
Act, and:

(a) To secure a computer system or a computer data storage medium;

(b) To make and retain a copy of those computer data secured;

(c) To maintain the integrity of the relevant stored computer data;

(d) To conduct forensic analysis or examination of the computer data storage medium;
and

(e) To render inaccessible or remove those computer data in the accessed computer or
computer and communications network.

Pursuant thereof, the law enforcement authorities may order any person who has
knowledge about the functioning of the computer system and the measures to protect and
preserve the computer data therein to provide, as is reasonable, the necessary
information, to enable the undertaking of the search, seizure and examination.

Law enforcement authorities may request for an extension of time to complete the
examination of the computer data storage medium and to make a return thereon but in no
case for a period longer than thirty (30) days from date of approval by the court.

SEC. 16. Custody of Computer Data. —  All computer data, including content and traffic
data, examined under a proper warrant shall, within forty-eight (48) hours after the
expiration of the period fixed therein, be deposited with the court in a sealed package,
and shall be accompanied by an affidavit of the law enforcement authority executing it
stating the dates and times covered by the examination, and the law enforcement
authority who may access the deposit, among other relevant data. The law enforcement
authority shall also certify that no duplicates or copies of the whole or any part thereof
have been made, or if made, that all such duplicates or copies are included in the package
deposited with the court. The package so deposited shall not be opened, or the recordings
replayed, or used in evidence, or then contents revealed, except upon order of the court,
which shall not be granted except upon motion, with due notice and opportunity to be
heard to the person or persons whose conversation or communications have been
recorded.

SEC. 17. Destruction of Computer Data. — Upon expiration of the periods as provided

in Sections 13 and 15, service providers and law enforcement authorities, as the case may
be, shall immediately and completely destroy the computer data subject of a preservation
and examination.
SEC. 18. Exclusionary Rule. — Any evidence procured without a valid warrant or beyond
the authority of the same shall be inadmissible for any proceeding before any court or
tribunal.

SEC. 19. Restricting or Blocking Access to Computer Data. — When a computer data

is prima facie found to be in violation of the provisions of this Act, the DOJ shall issue
an order to restrict or block access to such computer data.

SEC. 20. Noncompliance. — Failure to comply with the provisions of Chapter IV hereof

specifically the orders from law enforcement authorities shall be punished as a violation
of Presidential Decree No. 1829 with imprisonment of prision correctional in its
maximum period or a fine of One hundred thousand pesos (Php100,000.00) or both, for
each and every noncompliance with an order issued by law enforcement authorities.

CHAPTER V
JURISDICTION

SEC. 21. Jurisdiction. — The Regional Trial Court shall have jurisdiction over any
violation of the provisions of this Act. including any violation committed by a Filipino
national regardless of the place of commission. Jurisdiction shall lie if any of the
elements was committed within the Philippines or committed with the use of any
computer system wholly or partly situated in the country, or when by such commission
any damage is caused to a natural or juridical person who, at the time the offense was
committed, was in the Philippines.

There shall be designated special cybercrime courts manned by specially trained judges
to handle cybercrime cases.

CHAPTER VI
INTERNATIONAL COOPERATION

Sec. 22. General Principles Relating to International Cooperation — All relevant

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

CHAPTER VII
COMPETENT AUTHORITIES

SEC 23. Department of Justice (DOJ). — There is hereby created an Office of

Cybercrime within the DOJ designated as the central authority in all matters related to
international mutual assistance and extradition.
SEC. 24. Cybercrime Investigation and Coordinating Center. — There is hereby created,
within thirty (30) days from the effectivity of this Act, an inter-agency body to be known
as the Cybercrime Investigation and Coordinating Center (CICC), under the
administrative supervision of the Office of the President, for policy coordination among
concerned agencies and for the formulation and enforcement of the national cybersecurity
plan.

SEC. 25. Composition. — The CICC shall be headed by the Executive Director of the
Information and Communications Technology Office under the Department of Science
and Technology (ICTO-DOST) as Chairperson with the Director of the NBI as Vice
Chairperson; the Chief of the PNP; Head of the DOJ Office of Cybercrime; and one (1)
representative from the private sector and academe, as members. The CICC shall be
manned by a secretariat of selected existing personnel and representatives from the
different participating agencies.

SEC. 26. Powers and Functions. — The CICC shall have the following powers and
functions:

(a) To formulate a national cybersecurity plan and extend immediate assistance for the
suppression of real-time commission of cybercrime offenses through a computer
emergency response team (CERT);

(b) To coordinate the preparation of appropriate and effective measures to prevent and
suppress cybercrime activities as provided for in this Act;

(c) To monitor cybercrime cases being bandied by participating law enforcement and
prosecution agencies;

(d) To facilitate international cooperation on intelligence, investigations, training and

capacity building related to cybercrime prevention, suppression and prosecution;

(e) To coordinate the support and participation of the business sector, local government
units and nongovernment organizations in cybercrime prevention programs and other

related projects;

(f) To recommend the enactment of appropriate laws, issuances, measures and policies;

(g) To call upon any government agency to render assistance in the accomplishment of
the CICC’s mandated tasks and functions; and

(h) To perform all other matters related to cybercrime prevention and suppression,
including capacity building and such other functions and duties as may be necessary for
the proper implementation of this Act.
 CHAPTER VIII
FINAL PROVISIONS

SEC. 27. Appropriations. —  The amount of Fifty million pesos (PhP50,000,000.00) shall

be appropriated annually for the implementation of this Act.

SEC. 28. Implementing Rules and Regulations. — The ICTO-DOST, the DOJ and the
Department of the Interior and Local Government (DILG) shall jointly formulate the
necessary rules and regulations within ninety (90) days from approval of this Act, for its
effective implementation.

SEC. 29. Separability Clause — If any provision of this Act is held invalid, the other
provisions not affected shall remain in full force and effect.

SEC. 30. Repealing Clause. — All laws, decrees or rules inconsistent with this Act are
hereby repealed or modified accordingly. Section 33(a) of Republic Act No. 8792 or the
“Electronic Commerce Act” is hereby modified accordingly.

SEC. 31. Effectivity. — This Act shall take effect fifteen (15) days after the completion of
its publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

REPUBLIC ACT NO. 10627

AN ACT REQUIRING ALL ELEMENTARY AND SECONDARY SCHOOLS TO

ADOPT POLICIES TO PREVENT AND ADDRESS THE ACTS OF BULLYING
IN THEIR INSTITUTIONS
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

Section 1. Short Title. – This Act shall be known as the "Anti-Bullying Act of 2013".

Section 2. Acts of Bullying. – For purposes of this Act, "bullying" shall refer to any
severe or repeated use by one or more students of a written, verbal or electronic
expression, or a physical act or gesture, or any combination thereof, directed at another
student that has the effect of actually causing or placing the latter in reasonable fear of
physical or emotional harm or damage to his property; creating a hostile environment at
school for the other student; infringing on the rights of the other student at school; or
materially and substantially disrupting the education process or the orderly operation of a
school; such as, but not limited to, the following:

a. Any unwanted physical contact between the bully and the victim like punching,
pushing, shoving, kicking, slapping, tickling, headlocks, inflicting school pranks,
teasing, fighting and the use of available objects as weapons;

b. Any act that causes damage to a victim’s psyche and/or emotional well-being;

c. Any slanderous statement or accusation that causes the victim undue emotional
distress like directing foul language or profanity at the target, name-calling,
tormenting and commenting negatively on victim’s looks, clothes and body; and

d. Cyber-bullying or any bullying done through the use of technology or any

electronic means.

Section 3. Adoption of Anti-Bullying Policies. – All elementary and secondary schools

are hereby directed to adopt policies to address the existence of bullying in their
respective institutions. Such policies shall be regularly updated and, at a minimum, shall
include provisions which:

(a) Prohibit the following acts:

(1) Bullying on school grounds; property immediately adjacent to school

grounds; at school-sponsored or school-related activities, functions or
programs whether on or off school grounds; at school bus stops; on school
buses or other vehicles owned, leased or used by a school; or through the
use of technology or an electronic device owned, leased or used by a
school;

(2) Bullying at a location, activity, function or program that is not school-

related and through the use of technology or an electronic device that is
not owned, leased or used by a school if the act or acts in question create a
hostile environment at school for the victim, infringe on the rights of the
 victim at school, or materially and substantially disrupt the education
process or the orderly operation of a school; and

(3) Retaliation against a person who reports bullying, who provides

information during an investigation of bullying, or who is a witness to or
has reliable information about bullying;

(b) Identify the range of disciplinary administrative actions that may be taken
against a perpetrator for bullying or retaliation which shall be commensurate with
the nature and gravity of the offense: Provided, That, in addition to the
disciplinary sanctions imposed upon a perpetrator of bullying or retaliation,
he/she shall also be required to undergo a rehabilitation program which shall be
administered by the institution concerned. The parents of the said perpetrator shall
be encouraged by the said institution to join the rehabilitation program;

(c) Establish clear procedures and strategies for:

(1) Reporting acts of bullying or retaliation;

(2) Responding promptly to and investigating reports of bullying or

retaliation;

(3) Restoring a sense of safety for a victim and assessing the student’s
need for protection;

(4) Protecting from bullying or retaliation of a person who reports acts of

bullying, provides information during an investigation of bullying, or is
witness to or has reliable information about an act of bullying; and

(5) Providing counseling or referral to appropriate services for

perpetrators, victims and appropriate family members of said students;

(d) Enable students to anonymously report bullying or retaliation: Provided,

however, That no disciplinary administrative action shall be taken against a
perpetrator solely on the basis of an anonymous report;

(e) Subject a student who knowingly makes a false accusation of bullying to

disciplinary administrative action;

(f) Educate students on the dynamics of bullying, the anti-bullying policies of the
school as well as the mechanisms of such school for the anonymous reporting of
acts of bullying or retaliation;

(g) Educate parents and guardians about the dynamics of bullying, the anti-
bullying policies of the school and how parents and guardians can provide support
and reinforce such policies at home; and
 (h) Maintain a public record of relevant information and statistics on acts of
bullying or retaliation in school: Provided, That the names of students who
committed acts of bullying or retaliation shall be strictly confidential and only
made available to the school administration, teachers directly responsible for the
said students and parents or guardians of students who are or have been victims of
acts of bullying or retaliation.

All elementary and secondary schools shall provide students and their parents or
guardians a copy of the anti-bullying policies being adopted by the school. Such policies
shall likewise be included in the school’s student and/or employee handbook and shall be
conspicuously posted on the school walls and website, if there is any.

The Department of Education (DepED) shall include in its training programs, courses or
activities which shall provide opportunities for school administrators, teachers and other
employees to develop their knowledge and skills in preventing or responding to any
bullying act.

Section 4. Mechanisms to Address Bullying. – The school principal or any person who
holds a comparable role shall be responsible for the implementation and oversight of
policies intended to address bullying.

Any member of the school administration, student, parent or volunteer shall immediately
report any instance of bullying or act of retaliation witnessed, or that has come to one’s
attention, to the school principal or school officer or person so designated by the principal
to handle such issues, or both. Upon receipt of such a report, the school principal or the
designated school officer or person shall promptly investigate. If it is determined that
bullying or retaliation has occurred, the school principal or the designated school officer
or person shall:

(a) Notify the law enforcement agency if the school principal or designee believes
that criminal charges under the Revised Penal Code may be pursued against the
perpetrator;

(b) Take appropriate disciplinary administrative action;

(c) Notify the parents or guardians of the perpetrator; and

(d) Notify the parents or guardians of the victim regarding the action taken to
prevent any further acts of bullying or retaliation.

If an incident of bullying or retaliation involves students from more than one school, the
school first informed of the bullying or retaliation shall promptly notify the appropriate
administrator of the other school so that both may take appropriate action.

Section 5. Reporting Requirement. – All schools shall inform their respective schools
division superintendents in writing about the anti-bullying policies formulated within six
(6) months from the effectivity of this Act. Such notification shall likewise be an
administrative requirement prior to the operation of new schools.

Beginning with the school year after the effectivity of this Act, and every first week of
the start of the school year thereafter, schools shall submit a report to their respective
schools division superintendents all relevant information and statistics on acts of bullying
or retaliation. The schools division superintendents shall compile these data and report
the same to the Secretary of the DepED who shall likewise formally transmit a
comprehensive report to the Committee on Basic Education of both the House of
Representatives and the Senate.

Section 6. Sanction for Noncompliance. – In the rules and regulations to be implemented

pursuant to this Act, the Secretary of the DepED shall prescribe the appropriate
administrative sanctions on school administrators who shall fail to comply with the
requirements under this Act. In addition thereto, erring private schools shall likewise
suffer the penalty of suspension of their permits to operate.1âwphi1

Section 7. Implementing Rules and Regulations. – Within ninety (90) days from the
effectivity of this Act, the DepED shall promulgate the necessary rules and regulations to
implement the provisions of this Act.

Section 8. Separability Clause. – If, for any reason, any provision of this Act is declared
to be unconstitutional or invalid, the other sections or provisions hereof which are not
affected thereby shall continue to be in full force or effect.

Section 9. Repealing Clause. – All laws, decrees, orders, rules and regulations or parts
thereof which are inconsistent with or contrary to the provisions of this Act are hereby
repealed, amended or modified accordingly.

Section 10. Effectivity. – This Act shall take effect fifteen (15) days after its publication
in at least two (2) national newspapers of general circulation.

EXCERPTS FROM THE FAMILY CODE OF THE PHILIPPINE

REPUBLIC ACT NO. 10627

AN ACT REQUIRING ALL ELEMENTARY AND SECONDARY SCHOOLS TO
ADOPT POLICIES TO PREVENT AND ADDRESS THE ACTS OF BULLYING
IN THEIR INSTITUTIONS

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

assembled:

Section 1. Short Title. – This Act shall be known as the "Anti-Bullying Act of 2013".

Section 2. Acts of Bullying. – For purposes of this Act, "bullying" shall refer to any
severe or repeated use by one or more students of a written, verbal or electronic
expression, or a physical act or gesture, or any combination thereof, directed at another
student that has the effect of actually causing or placing the latter in reasonable fear of
physical or emotional harm or damage to his property; creating a hostile environment at
school for the other student; infringing on the rights of the other student at school; or
materially and substantially disrupting the education process or the orderly operation of a
school; such as, but not limited to, the following:

a. Any unwanted physical contact between the bully and the victim like punching,
pushing, shoving, kicking, slapping, tickling, headlocks, inflicting school pranks,
teasing, fighting and the use of available objects as weapons;

b. Any act that causes damage to a victim’s psyche and/or emotional well-being;

c. Any slanderous statement or accusation that causes the victim undue emotional
distress like directing foul language or profanity at the target, name-calling,
tormenting and commenting negatively on victim’s looks, clothes and body; and

d. Cyber-bullying or any bullying done through the use of technology or any

electronic means.

Section 3. Adoption of Anti-Bullying Policies. – All elementary and secondary schools

are hereby directed to adopt policies to address the existence of bullying in their
respective institutions. Such policies shall be regularly updated and, at a minimum, shall
include provisions which:

(a) Prohibit the following acts:

(1) Bullying on school grounds; property immediately adjacent to school

grounds; at school-sponsored or school-related activities, functions or
programs whether on or off school grounds; at school bus stops; on school
buses or other vehicles owned, leased or used by a school; or through the
use of technology or an electronic device owned, leased or used by a
school;
 (2) Bullying at a location, activity, function or program that is not school-
related and through the use of technology or an electronic device that is
not owned, leased or used by a school if the act or acts in question create a
hostile environment at school for the victim, infringe on the rights of the
victim at school, or materially and substantially disrupt the education
process or the orderly operation of a school; and

(3) Retaliation against a person who reports bullying, who provides

information during an investigation of bullying, or who is a witness to or
has reliable information about bullying;

(b) Identify the range of disciplinary administrative actions that may be taken
against a perpetrator for bullying or retaliation which shall be commensurate with
the nature and gravity of the offense: Provided, That, in addition to the
disciplinary sanctions imposed upon a perpetrator of bullying or retaliation,
he/she shall also be required to undergo a rehabilitation program which shall be
administered by the institution concerned. The parents of the said perpetrator shall
be encouraged by the said institution to join the rehabilitation program;

(c) Establish clear procedures and strategies for:

(1) Reporting acts of bullying or retaliation;

(2) Responding promptly to and investigating reports of bullying or

retaliation;

(3) Restoring a sense of safety for a victim and assessing the student’s
need for protection;

(4) Protecting from bullying or retaliation of a person who reports acts of

bullying, provides information during an investigation of bullying, or is
witness to or has reliable information about an act of bullying; and

(5) Providing counseling or referral to appropriate services for

perpetrators, victims and appropriate family members of said students;

(d) Enable students to anonymously report bullying or retaliation: Provided,

however, That no disciplinary administrative action shall be taken against a
perpetrator solely on the basis of an anonymous report;

(e) Subject a student who knowingly makes a false accusation of bullying to

disciplinary administrative action;

(f) Educate students on the dynamics of bullying, the anti-bullying policies of the
school as well as the mechanisms of such school for the anonymous reporting of
acts of bullying or retaliation;
 (g) Educate parents and guardians about the dynamics of bullying, the anti-
bullying policies of the school and how parents and guardians can provide support
and reinforce such policies at home; and

(h) Maintain a public record of relevant information and statistics on acts of

bullying or retaliation in school: Provided, That the names of students who
committed acts of bullying or retaliation shall be strictly confidential and only
made available to the school administration, teachers directly responsible for the
said students and parents or guardians of students who are or have been victims of
acts of bullying or retaliation.

All elementary and secondary schools shall provide students and their parents or
guardians a copy of the anti-bullying policies being adopted by the school. Such policies
shall likewise be included in the school’s student and/or employee handbook and shall be
conspicuously posted on the school walls and website, if there is any.

The Department of Education (DepED) shall include in its training programs, courses or
activities which shall provide opportunities for school administrators, teachers and other
employees to develop their knowledge and skills in preventing or responding to any
bullying act.

Section 4. Mechanisms to Address Bullying. – The school principal or any person who
holds a comparable role shall be responsible for the implementation and oversight of
policies intended to address bullying.

Any member of the school administration, student, parent or volunteer shall immediately
report any instance of bullying or act of retaliation witnessed, or that has come to one’s
attention, to the school principal or school officer or person so designated by the principal
to handle such issues, or both. Upon receipt of such a report, the school principal or the
designated school officer or person shall promptly investigate. If it is determined that
bullying or retaliation has occurred, the school principal or the designated school officer
or person shall:

(a) Notify the law enforcement agency if the school principal or designee believes
that criminal charges under the Revised Penal Code may be pursued against the
perpetrator;

(b) Take appropriate disciplinary administrative action;

(c) Notify the parents or guardians of the perpetrator; and

(d) Notify the parents or guardians of the victim regarding the action taken to
prevent any further acts of bullying or retaliation.
If an incident of bullying or retaliation involves students from more than one school, the
school first informed of the bullying or retaliation shall promptly notify the appropriate
administrator of the other school so that both may take appropriate action.

Section 5. Reporting Requirement. – All schools shall inform their respective schools
division superintendents in writing about the anti-bullying policies formulated within six
(6) months from the effectivity of this Act. Such notification shall likewise be an
administrative requirement prior to the operation of new schools.

Beginning with the school year after the effectivity of this Act, and every first week of
the start of the school year thereafter, schools shall submit a report to their respective
schools division superintendents all relevant information and statistics on acts of bullying
or retaliation. The schools division superintendents shall compile these data and report
the same to the Secretary of the DepED who shall likewise formally transmit a
comprehensive report to the Committee on Basic Education of both the House of
Representatives and the Senate.

Section 6. Sanction for Noncompliance. – In the rules and regulations to be implemented

pursuant to this Act, the Secretary of the DepED shall prescribe the appropriate
administrative sanctions on school administrators who shall fail to comply with the
requirements under this Act. In addition thereto, erring private schools shall likewise
suffer the penalty of suspension of their permits to operate.1âwphi1

Section 7. Implementing Rules and Regulations. – Within ninety (90) days from the
effectivity of this Act, the DepED shall promulgate the necessary rules and regulations to
implement the provisions of this Act.

Section 8. Separability Clause. – If, for any reason, any provision of this Act is declared
to be unconstitutional or invalid, the other sections or provisions hereof which are not
affected thereby shall continue to be in full force or effect.

Section 9. Repealing Clause. – All laws, decrees, orders, rules and regulations or parts
thereof which are inconsistent with or contrary to the provisions of this Act are hereby
repealed, amended or modified accordingly.

Section 10. Effectivity. – This Act shall take effect fifteen (15) days after its publication
in at least two (2) national newspapers of general circulation.