Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled

Republic Act No.
10533
May 15, 2013
Basahin sa Filipino
S. No. 3286
H. No. 6643
Republic of the Philippines

Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand
twelve.
[REPUBLIC ACT NO. 10533]
AN ACT ENHANCING THE PHILIPPINE BASIC EDUCATION SYSTEM BY

STRENGTHENING ITS CURRICULUM AND INCREASING THE NUMBER OF YEARS
FOR BASIC 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. Short Title. — This Act shall be known as the “Enhanced Basic Education
Act of 2013”.
SEC. 2. Declaration of Policy. — The State shall establish, maintain and support a

complete, adequate, and integrated system of education relevant to the needs of the
people, the country and society-at-large.
Likewise, it is hereby declared the policy of the State that every graduate of basic
education shall be an empowered individual who has learned, through a program that is
rooted on sound educational principles and geared towards excellence, the foundations
for learning throughout life, the competence to engage in work and be productive, the
ability to coexist in fruitful harmony with local and global communities, the capability to
engage in autonomous, creative, and critical thinking, and the capacity and willingness
to transform others and one’s self.
For this purpose, the State shall create a functional basic education system that will
develop productive and responsible citizens equipped with the essential competencies,
skills and values for both life-long learning and employment. In order to achieve this, the
State shall:
(a) Give every student an opportunity to receive quality education that is globally
competitive based on a pedagogically sound curriculum that is at par with international
standards;
(b) Broaden the goals of high school education for college preparation, vocational and
technical career opportunities as well as creative arts, sports and entrepreneurial
employment in a rapidly changing and increasingly globalized environment; and
(c) Make education learner-oriented and responsive to the needs, cognitive and cultural
capacity, the circumstances and diversity of learners, schools and communities through
the appropriate languages of teaching and learning, including mother tongue as a
learning resource.
SEC. 3. Basic Education. — Basic education is intended to meet basic learning needs
which provides the foundation on which subsequent learning can be based. It
encompasses kindergarten, elementary and secondary education as well as alternative
learning systems for out-of-school learners and those with special needs.
SEC. 4. Enhanced Basic Education Program. — The enhanced basic education

program encompasses at least one (1) year of kindergarten education, six (6) years of
elementary education, and six (6) years of secondary education, in that sequence.
Secondary education includes four (4) years of junior high school and two (2) years of
senior high school education.
Kindergarten education shall mean one (1) year of preparatory education for children at
least five (5) years old as a prerequisite for Grade I.
Elementary education refers to the second stage of compulsory basic education which
is composed of six (6) years. The entrant age to this level is typically six (6) years old.
Secondary education refers to the third stage of compulsory basic education. It consists
of four (4) years of junior high school education and two (2) years of senior high school
education. The entrant age to the junior and senior high school levels are typically
twelve (12) and sixteen (16) years old, respectively.
Basic education shall be delivered in languages understood by the learners as the

language plays a strategic role in shaping the formative years of learners.
For kindergarten and the first three (3) years of elementary education, instruction,
teaching materials and assessment shall be in the regional or native language of the
learners. The Department of Education (DepED) shall formulate a mother language
transition program from Grade 4 to Grade 6 so that Filipino and English shall be
gradually introduced as languages of instruction until such time when these two (2)
languages can become the primary languages of instruction at the secondary level.
For purposes of this Act, mother language or first Language (LI) refers to language or
languages first learned by a child, which he/she identifies with, is identified as a native
language user of by others, which he/she knows best, or uses most. This includes
Filipino sign language used by individuals with pertinent disabilities. The regional or
native language refers to the traditional speech variety or variety of Filipino sign
language existing in a region, area or place.
SEC. 5. Curriculum Development. — The DepED shall formulate the design and details
of the enhanced basic education curriculum. It shall work with the Commission on
Higher Education (CHED) to craft harmonized basic and tertiary curricula for the global
competitiveness of Filipino graduates. To ensure college readiness and to avoid
remedial and duplication of basic education subjects, the DepED shall coordinate with
the CHED and the Technical Education and Skills Development Authority (TESDA).
To achieve an effective enhanced basic education curriculum, the DepED shall

undertake consultations with other national government agencies and other
stakeholders including, but not limited to, the Department of Labor and Employment
(DOLE), the Professional Regulation Commission (PRC), the private and public schools
associations, the national student organizations, the national teacher organizations, the
parents-teachers associations and the chambers of commerce on matters affecting the
concerned stakeholders.
The DepED shall adhere to the following standards and principles in developing the
enhanced basic education curriculum:
(a) The curriculum shall be learner-centered, inclusive and developmentally appropriate;
(b) The curriculum shall be relevant, responsive and research-based;
(c) The curriculum shall be culture-sensitive;
(d) The curriculum shall be contextualized and global;
(e) The curriculum shall use pedagogical approaches that are constructivist, inquiry-
based, reflective, collaborative and integrative;
(f) The curriculum shall adhere to the principles and framework of Mother Tongue-
Based Multilingual Education (MTB-MLE) which starts from where the learners are and
from what they already knew proceeding from the known to the unknown; instructional
materials and capable teachers to implement the MTB-MLE curriculum shall be
available;
(g) The curriculum shall use the spiral progression approach to ensure mastery of
knowledge and skills after each level; and
(h) The curriculum shall be flexible enough to enable and allow schools to localize,
indigenize and enhance the same based on their respective educational and social
contexts. The production and development of locally produced teaching materials shall
be encouraged and approval of these materials shall devolve to the regional and
division education units.
SEC. 6. Curriculum Consultative Committee. — There shall be created a curriculum

consultative committee chaired by the DepED Secretary or his/her duly authorized
representative and with members composed of, but not limited to, a representative each
from the CHED, the TESDA, the DOLE, the PRC, the Department of Science and
Technology (DOST), and a representative from the business chambers such as the
Information Technology – Business Process Outsourcing (IT-BPO) industry association.
The consultative committee shall oversee the review and evaluation on the
implementation of the basic education curriculum and may recommend to the DepED
the formulation of necessary refinements in the curriculum.
SEC. 7. Teacher Education and Training. — To ensure that the enhanced basic
education program meets the demand for quality teachers and school leaders, the
DepED and the CHED, in collaboration with relevant partners in government, academe,
industry, and nongovernmental organizations, shall conduct teacher education and
training programs, as specified:
(a) In-service Training on Content and Pedagogy — Current DepED teachers shall be
retrained to meet the content and performance standards of the new K to 12 curriculum.
The DepED shall ensure that private education institutions shall be given the
opportunity to avail of such training.
(b) Training of New Teachers. — New graduates of the current Teacher Education
curriculum shall undergo additional training, upon hiring, to upgrade their skills to the
content standards of the new curriculum. Furthermore, the CHED, in coordination with
the DepED and relevant stakeholders, shall ensure that the Teacher Education
curriculum offered in these Teacher Education Institutes (TEIs) will meet necessary
quality standards for new teachers. Duly recognized organizations acting as TEIs, in
coordination with the DepED, the CHED, and other relevant stakeholders, shall ensure
that the curriculum of these organizations meet the necessary quality standards for
trained teachers.
(c) Training of School Leadership. — Superintendents, principals, subject area

coordinators and other instructional school leaders shall likewise undergo workshops
and training to enhance their skills on their role as academic, administrative and
community leaders.
Henceforth, such professional development programs as those stated above shall be
initiated and conducted regularly throughout the school year to ensure constant
upgrading of teacher skills.
SEC. 8. Hiring of Graduates of Science, Mathematics, Statistics, Engineering and Other

Specialists in Subjects With a Shortage of Qualified Applicants, Technical-Vocational
Courses and Higher Education Institution Faculty. — Notwithstanding the provisions of
Sections 26, 27 and 28 of Republic Act No. 7836, otherwise known as the “Philippine
Teachers Professionalization Act of 1994”, the DepED and private education institutions
shall hire, as may be relevant to the particular subject:
(a) Graduates of science, mathematics, statistics, engineering, music and other degree
courses with shortages in qualified Licensure Examination for Teachers (LET)
applicants to teach in their specialized subjects in the elementary and secondary
education. Qualified LET applicants shall also include graduates admitted by
foundations duly recognized for their expertise in the education sector and who
satisfactorily complete the requirements set by these organizations: Provided, That they
pass the LET within five (5) years after their date of hiring: Provided, further, That if
such graduates are willing to teach on part-time basis, the provisions of LET shall no
longer be required;
(b) Graduates of technical-vocational courses to teach in their specialized subjects in

the secondary education: Provided, That these graduates possess the necessary
certification issued by the TESDA: Provided, further, That they undergo appropriate in-
service training to be administered by the DepED or higher education institutions (HEIs)
at the expense of the DepED;
(c) Faculty of HEIs be allowed to teach in their general education or subject specialties
in the secondary education: Provided, That the faculty must be a holder of a relevant
Bachelor’s degree, and must have satisfactorily served as a full-time HEI faculty;
(d) The DepED and private education institutions may hire practitioners, with expertise
in the specialized learning areas offered by the Basic Education Curriculum, to teach in
the secondary level; Provided, That they teach on part-time basis only. For this
purpose, the DepED, in coordination with the appropriate government agencies, shall
determine the necessary qualification standards in hiring these experts.
SEC. 9. Career Guidance and Counselling Advocacy. — To properly guide the students
in choosing the career tracks that they intend to pursue, the DepED, in coordination with
the DOLE, the TESDA and the CHED, shall regularly conduct career advocacy activities
for secondary level students. Notwithstanding the provisions of Section 27 of Republic
Act No. 9258, otherwise known as the “Guidance and Counselling Act of 2004”, career
and employment guidance counsellors, who are not registered and licensed guidance
counsellors, shall be allowed to conduct career advocacy activities to secondary level
students of the school where they are currently employed; Provided, That they undergo
a training program to be developed or accredited by the DepED.
SEC. 10. Expansion of E-GASTPE Beneficiaries. — The benefits accorded by Republic
Act No. 8545, or the “Expanded Government Assistance to Students and Teachers in
Private Education Act”, shall be extended to qualified students enrolled under the
enhanced basic education.
The DepED shall engage the services of private education institutions and non-DepED
schools offering senior high school through the programs under Republic Act No. 8545,
and other financial arrangements formulated by the DepED and the Department of
Budget and Management (DBM) based on the principles of public-private partnership.
SEC. 11. Appropriations. — The Secretary of Education shall include in the

Department’s program the operationalization of the enhanced basic education program,
the initial funding of which shall be charged against the current appropriations of the
DepED. Thereafter, the amount necessary for the continued implementation of the
enhanced basic education program shall be included in the annual General
Appropriations Act.
SEC. 12. Transitory Provisions. — The DepED, the CHED and the TESDA shall
formulate the appropriate strategies and mechanisms needed to ensure smooth
transition from the existing ten (10) years basic education cycle to the enhanced basic
education (K to 12) cycle. The strategies may cover changes in physical infrastructure,
manpower, organizational and structural concerns, bridging models linking grade 10
competencies and the entry requirements of new tertiary curricula, and partnerships
between the government and other entities. Modeling for senior high school may be
implemented in selected schools to simulate the transition process and provide concrete
data for the transition plan.
To manage the initial implementation of the enhanced basic education program and
mitigate the expected multi-year low enrolment turnout for HEIs and Technical
Vocational Institutions (TVIs) starting School Year 2016-2017, the DepED shall engage
in partnerships with HEIs and TVIs for the utilization of the latter’s human and physical
resources. Moreover, the DepED, the CHED, the TESDA, the TVIs and the HEIs shall
coordinate closely with one another to implement strategies that ensure the academic,
physical, financial, and human resource capabilities of HEIs and TVIs to provide
educational and training services for graduates of the enhanced basic education
program to ensure that they are not adversely affected. The faculty of HEIs and TVIs
allowed to teach students of secondary education under Section 8 hereof, shall be given
priority in hiring for the duration of the transition period. For this purpose, the transition
period shall be provided for in the implementing rules and regulations (IRR).
SEC. 13. Joint Congressional Oversight Committee on the Enhanced Basic Educational

Program (K to 12 Program). — There is hereby created a Joint Oversight Committee to
oversee, monitor and evaluate the implementation of this Act.
The Oversight Committee shall be composed of five (5) members each from the Senate
and from the House of Representatives, including Chairs of the Committees on
Education, Arts and Culture, and Finance of both Houses. The membership of the
Committee for every House shall have at least two (2) opposition or minority members.
SEC. 14. Mandatory Evaluation and Review. — By the end of School Year 2014-2015,
the DepED shall conduct a mandatory review and submit a midterm report to Congress
as to the status of implementation of the K to 12 program in terms of closing the
following current shortages: (a) teachers; (b) classrooms; (c) textbooks; (d) seats; (e)
toilets; and (f) other shortages that should be addressed.
The DepED shall include among others, in this midterm report, the following key metrics
of access to and quality of basic education: (a) participation rate; (b) retention rate; (c)
National Achievement Test results; (d) completion rate; (e) teachers’ welfare and
training profiles; (f) adequacy of funding requirements; and (g) other learning facilities
including, but not limited to, computer and science laboratories, libraries and library
hubs, and sports, music and arts.
SEC. 15. Commitment to International Benchmarks. — The DepED shall endeavor to

increase the per capita spending on education towards the immediate attainment of
international benchmarks.
SEC. 16. Implementing Rules and Regulations. — Within ninety (90) days after the
effectivity of this Act, the DepED Secretary, the CHED Chairperson and the TESDA
Director-General shall promulgate the rules and regulations needed for the
implementation of this Act.
SEC. 17. Separability Clause. — If any provision of this Act is held invalid or

unconstitutional, the same shall not affect the validity and effectivity of the other
provisions hereof.
SEC. 18. Repealing Clause. — Pertinent provisions of Batas Pambansa Blg. 232 or the
“Education Act of 1982”, Republic Act No. 9155 or the “Governance of Basic Education.
Act of 2001″, Republic Act No. 9258, Republic Act No. 7836, and all other laws,
decrees, executive orders and rules and regulations contrary to or inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.
SEC. 19. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation.
Republic Act No. 10157
January 20, 2012

REPUBLIC OF THE PHILIPPINES
CONGRESS IN THE PHILIPPINES
METRO MANILA
Fifteenth Congress
SECOND REGULAR SESSION
Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand
eleven.
[REPUBLIC ACT NO. 10157]
AN ACT INSTITUTIONALIZING THE KINDERGARTEN EDUCATION INTO THE

BASIC EDUCATION SYSTEM AND APPROPRIATING FUNDS THEREFOR

Congress assembled:
SECTION 1. Short Title. – This Act shall be known as the “Kindergarten Education Act”.
SEC. 2. Declaration of Policy. – In consonance with the Millennium Development Goals
on achieving Education for All (EFA) by the year 2015, it is hereby declared the policy of
the State to provide equal opportunities for all children to avail of accessible mandatory
and compulsory kindergarten education that effectively promotes physical, social,
intellectual, emotional and skills stimulation and values formation to sufficiently prepare
them for formal elementary schooling. This Act shall apply to elementary school system
being the first stage of compulsory and mandatory formal education. Thus, kindergarten
will now be an integral part of the basic education system of the country.
Kindergarten education is vital to the academic and technical development of the

Filipino child for it is the period when the young mind’s absorptive capacity for learning
is at its sharpest. It is also the policy of the State to make education learner-oriented
and responsive to the needs, cognitive and cultural capacity, the circumstances and
diversity of learners, schools and communities through the appropriate languages of
teaching and learning.
SEC. 3. Definition of Terms. – The terms used in this Act are defined as follows:
(a) DepEd shall refer to the Department of Education;
(b) BEE shall refer to the Bureau of Elementary Education;
(c) Kindergarten education shall be understood in this Act to mean one (1) year of

preparatory education for children at least five (5) years old as a prerequisite for Grade
I; and
(d) Mother tongue refers to the language first learned by a child.
SEC. 4. Institutionalization of Kindergarten Education. – Kindergarten education is

hereby institutionalized as part of basic education and for school year 2011-2012 shall
be implemented partially, and thereafter, it shall be made mandatory and compulsory for
entrance to Grade 1.
SEC. 5. Medium of Instruction. – The State shall hereby adopt the mother tongue-
based multilingual education (MTB-MLE) method. The mother tongue of the learner
shall be the primary medium of instruction for teaching and learning in the kindergarten
level. However, exceptions shall be made to the following cases:
(a) When the pupils in the kindergarten classroom have different mother tongues or
when some of them speak another mother tongue;
(b) When the teacher does not speak the mother tongue of the learners;
(c) When resources, in line with the use of the mother tongue, are not yet available; and
(d) When teachers are not yet trained how to use the MTB-MLE program.
In such exceptional cases, the primary medium of instruction shall be determined by the
DepEd aligned with the framework being used in the elementary level including teacher
training and production of local resources and materials under DepEd Order No. 74,
series of 2009.
The DepEd, in coordination with the Commission on Filipino Language and in close
collaboration with academic and research institutions concerned with education, shall
formulate a mother tongue-based multilingual framework for teaching and
learning: Provided, That the DepEd will include teaching strategies as defined in
Section 7(c) which aims to introduce and eventually strengthen the child’s
understanding of English, which is the official language.
SEC. 6. Implementing Agency. – The authority to regulate the organization, operation

and/or implementation of the kindergarten education program of both public and private
schools shall be vested upon the DepEd, through the creation of a new Division under
the BEE and other necessary support to achieve successful implementation of
kindergarten education to include, but not limited to, increasing the number of
kindergarten teacher positions with the required salaries and benefits, enhancing
teacher training in early education, and providing the necessary allocations for
classrooms and chairs, facilities and equipment, and textbooks.
SEC. 7. Duties, Powers and Functions. – The DepEd, through the BEE, shall exercise
the following powers and functions:
(a) Oversee and supervise the organization, operation and implementation of the
kindergarten education program;
(b) Develop the curriculum for kindergarten education consistent with the universally
accepted norms and standards, including values formation all of which shall be
developmentally appropriate, and use of the MTB-MLE as a medium of instruction and
to periodically review such for purposes of upgrading;
(c) Develop teaching strategies using the unique feature of the MTB-MLE which shall
include, but not limited to, the following:
(1) The two-track method (storytelling and reading, listening story, oral communication
activities);
(2) Interactive strategies;
(3) Use of manipulative games; and
(4) Experiential, small group discussions and total physical response (TPR) among
others.
The learning development materials shall consist of the following at the minimum:
(i) Listening story;
(ii) Small books;
(iii) Big books;
(iv) Experience story;
(v) Primer lessons; and
(vi) Lessons exemplars;
(a) Conceive, develop and extend a continuing professional development program for
kindergarten teachers to ensure constant updating of their knowledge in current trends,
pedagogy, methodologies and concepts on early childhood education;
(b) Prescribe the necessary qualifications for the hiring and accreditation of teachers
who will handle the kindergarten education program;
(c) Exercise authority over the operation of private kindergarten institutions;
(d) Supervise the establishment of various venues for early childhood education which
may be institution-based, home-based, hospital-based or community-based, and which
shall be duly accredited by the DepEd; and
(e) Introduce innovative programs in kindergarten that shall include educational

technologies, whenever applicable.
SEC. 8. Appropriations. – The DepEd shall immediately include in the program of the
Department the operationalization of the free, mandatory and compulsory public
kindergarten education, the initial funding of which shall be charged against the current
appropriations for kindergarten education of the DepEd. Thereafter, such sums which
shall be necessary for the continued implementation of the free public kindergarten
education program shall be charged to the General Fund and included in the annual
General Appropriations Act.
SEC. 9. Implementing Rules and Regulations. – Within ninety (90) days after the
effectivity of this Act, the DepEd, in consultation with the Department of Budget and
Management, shall promulgate the rules and regulations needed for the implementation
of this Act.
SEC. 10. Separability Clause. – If any provision of this Act is held invalid or

unconstitutional, the same shall not affect the validity and effectivity of the other
provisions hereof.
SEC. 11. Repealing Clause. – Pertinent provisions of all other laws, decrees, executive
orders and rules and regulations contrary to or inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.
SEC. 12. Effectivity Clause. – This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation.
August 11, 2001
[Basahin sa Filipino]

CONGRESS OF THE PHILIPPINES
THIRD REGULAR SESSION
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

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
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
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
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.
July 9, 2015
Tags: Benigno S. Aquino III, Laws, Republic Acts
No. 2277
H. No. 4085
Congress of the Philippines
Metro Manila
Sixteenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty-eighth day of July, two
thousand fourteen.
[Republic Act No. 10665]
AN ACT ESTABLISHING THE OPEN HIGH SCHOOL SYSTEM IN THE PHILIPPINES

AND APPROPRIATING FUNDS THEREFOR

Congress assembled:
SECTION 1. .Short Title. – This Act shall be known as the “Open High School System
Act”.
SEC. 2. Declaration of Policy. – It is hereby declared the policy of the State to broaden
access to relevant quality education through the employment of an alternative
secondary education program that will enable the youth to overcome personal,
geographical, socioeconomic and physical constraints, to encourage them to complete
secondary education. This is in line with the constitutional policy that mandates the
State to “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”, as stated in Article XIV, Section 2, paragraph 4 of the
1987 Constitution.
SEC. 3. Definition of Terms. – The terms used in this Act are hereby defined as follows:
(a) Community Adviser or Tagapayong Pansamahan refers to the adviser from within

the community who helps the open learners harmonize their studies with community
service and leisure;
(b) Learning Center refers to a room in the mother high school or other designated area
where the open learners can conduct researches or gather additional information on
topics under study. It can also serve as a multipurpose area which may contain a
classroom setup, a library or a venue where the Source Person can conduct hands-on
exercises/activities;
(c) Mother High School or Inang Paaralan refers to a regular secondary school which
maintains full administrative management and instructional supervision and control Over
one or more learning centers. It functions, among others, as:
(1) Headquarters of the open learners and Open High School Teachers;
(2) Center for enrolment, evaluation, direct or face-to-face instruction and promotion of
open learning;
(3) Receiver of donations, instructional materials and reports relative to open learning;
and
(4) Coordinator of the different learning centers in the community.
(d) Open High School Teacher refers to a regular secondary school teacher of the
mother high school who is in charge of direct instruction, evaluation of the learners’
progress and keeping of the records of individual learners;
(e) Open Learning refers to the philosophy of learning that is learner-centered and

flexible, enabling learners to learn at the time, place and pace which satisfies their
circumstances and requirements;
(f) Source Person or Gurong Kadluan refers to a resource person with specialized skills
in practical or industrial subjects such as farming, handicraft, auto-mechanics, tailoring
and other skills; and
(g) Teacher Adviser or Gurong Tagapatnubay refers to a regular secondary school

teacher of the mother high school who serves as guidance counselor to the open
learners, coordinates with the teachers in evaluating the learners’ progress, and
prepares and submits reports to the authorities concerned.
SEC. 4. Establishment of the Open High School System (OHSS). — The OHSS is
hereby established as part of the Department of Education’s (DepED) alternative
secondary education program to provide access to secondary education through the
open learning modality.
SEC. 5. Coverage. – This Act shall apply to public secondary educational institutions
authorized to practice open learning through self-instructional materials, multi-channel
learning and school-family-community partnership as well as other such institutions that
shall be authorized as qualified implementers of the OHSS.
SEC. 6. Learners of the OHSS. – The OHSS shall be open to all youth and adults who
have finished elementary education, as well as high school qualifiers of the Philippine
Educational Placement Test (PEPT) and the Alternative Learning System (ALS)
Accreditation and Equivalency (A&E) Test.
SEC. 7. Administration and Function. – The DepED shall administer the OHSS. An
OHSS Unit shall be created to assist in performing the following functions:
(a) Formulate the basic policies of the OHSS;
(b) Formulate, adopt and supplement programs that ensure effectivity and productivity
of the OHSS;
(c) Monitor and evaluate existing open learning programs for integration with the OHSS;
(d) Develop and validate prototype instructional materials for open learning;
(e) Consult and collaborate with other DepED divisions, local government units (LGUs),
civil society organizations and other private agencies for the effective operation of the
OHSS;
(f) Promulgate the necessary guidelines, rules and regulations for the effective
implementation of the OHSS;
(g) Recommend to the DepED the annual budget of the OHSS for inclusion in the
annual General Appropriations Act; and
(h) Perform such other tasks as may be necessary to attain the objectives of the OHSS.
SEC. 8. Curriculum Content. — The OHSS shall adopt the K to 12 Enhanced Basic
Education Curriculum using the standards and learning competencies of different
subject areas of the program.
SEC. 9. Personnel Recruitment and Incentives. – The Open High School Teachers and
Teacher Advisers who shall render service under the OHSS shall be enlisted from those
who are currently teaching in the mother high school that is implementing the program.
The Community Advisers and the Source Persons shall be hired by the LGU and shall
receive honoraria, to be arranged with the local school board in accordance with the
guidelines it shall issue in consultation with the DepED: Provided, That upon full
implementation of the K to 12 Curriculum, particularly on Senior High School, the
specific Division of the DepED which has authority over the mother high school, shall be
responsible in hiring the Source Persons and in giving their compensation.
The DepED shall prioritize qualified locally-hired teachers who have been performing
the functions of Open High School Teachers prior to this Act in the hiring of additional
Open High School Teachers.
SEC. 10. Training of Teaching Staff. – The DepED shall be responsible for the training
of the Open High School Teachers, Teacher Advisers, and Community Advisers.
Training shall be done in coordination with the LGUs and the nongovernment
organizations concerned.
Nonteaching stakeholders such as parents and LGU personnel, among others, who are
needed to provide support to the OHSS, shall likewise be included in the training
program.
SEC. 11. Establishment of Learning Centers. — Every division of the DepED shall

establish learning centers in the authorized mother high schools located in their
jurisdiction. LGUs may also take the lead in the establishment of learning centers, which
shall continue to be under the authority of the recognized mother high school and the
division of the DepED.
The specific Division of the DepED which has authority over the mother high school,
shall be responsible in hiring the Open High School Teacher who shall manage the day
to day affairs of the learning center on a full-time basis. This Open High School Teacher
shall be the coordinator of the learning center and shall facilitate the learning process of
the open learners.
SEC. 12. Private Sector Participation. – Private educational institutions may establish

their own privately-funded learning centers following the standards and criteria provided
for in this Act for the OHSS, subject to the approval of the DepED.
SEC. 13. Memorandum of Agreement. – To ensure maximum cooperation towards the

success of the OHSS, the DepED and the Department of the Interior and Local
Government (DILG) are encouraged to adopt a Memorandum of Agreement defining
their respective roles in the operation of the OHSS pursuant to this Act.
The DepED shall encourage and promote partnership with concerned civil society
organizations and other service providers in order to sustain an enabling environment
for participatory planning, budgeting, and implementation of the OHSS related programs
and projects.
SEC. 14. Appropriations. – The amount necessary for the initial implementation of this
Act shall be charge against the current year’s appropriations of the Open High School
Program of the DepED. Thereafter, the amount necessary for the continued operation of
the OHSS shall be included in the DepED’s budget in the annual General
Appropriations Act.
SEC. 15. Implementing Rules and Regulations. — Within ninety (90) days after the
effectivity of this Act, the DepED, in consultation with the DILG, shall promulgate the
rules and regulations needed for the effective implementation of this Act.
SEC. 16. Separability Clause. – If any provision of this Act is held invalid or

unconstitutional, the other provisions not so declared shall remain in force and effect.
SEC. 17. Repealing Clause. – All laws, decrees, orders, rules and regulations and other
issuances or parts thereof which are inconsistent with this Act are hereby repealed or
SEC. 18. Effectivity Clause. – This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.
RA 3562 – An Act To Promote The Education Of The Blind In The Philippines

REPUBLIC ACT NO. 3562
AN ACT TO PROMOTE THE EDUCATION OF THE BLIND IN THE PHILIPIPINES
Congress assembled:
SECTION 1. There shall be established, under the supervision of the Director of Public
Schools, a residential school for the blind near the City of Manila, which shall known as
the Philippine National School for the Blind. Said school shall furnish instruction to the
blind in the elementary level.
SECTION 2. Upon the establishment of the Philippine National School for the Blind, the
School for the Deaf and the Blind in Pasay City shall cease to give instruction to the
blind, and all its blind students, its equipment and facilities being used in the instruction
of the blind, and members of the faculty teaching the blind shall be transferred to the
Philippine National School for the Blind.
SECTION 3. There shall be established, under the supervision and control of the
Director of Public Schools a Teacher-Training Center to train teachers for the blind. The
Philippine Normal College shall provide room and other facilities for the said Center.
SECTION 4. The Secretary of Education shall issue such rules and regulations as may
be necessary to implement the provisions of this Act.
SECTION 5. There is hereby appropriated, out of any funds in the National Treasury not
otherwise appropriated, the sum of five hundred thousand pesos to carry out the
provisions of this Act for the fiscal year nineteen hundred and sixty-four, including the
purchase of site and the construction of buildings for the Philippine National School for
the Blind. Thereafter, the amount necessary for the operation and maintenance of the
said school and center shall be included in the annual General Appropriation Acts.
SECTION 6. This Act shall take effect upon its approval.
Approved, June 21, 1963.
RA 5250 – An Act Establishing A Ten-Year Training Program For Teachers Of
Special And Exceptional Children In The Philippines And Authorizing The
Appropriation Of Funds Thereof.
AN ACT ESTABLISHING A TEN-YEAR TRAINING PROGRAM FOR TEACHERS OF
SPECIAL AND EXCEPTIONAL CHILDREN IN THE PHILIPPINES AND AUTHORIZING
THE APPROPRIATION OF FUNDS THEREOF.
Congress assembled:
SECTION 1. There is hereby established, under the administration and supervision of
the Bureau of Public Schools, in cooperation with the University of the Philippines, the
Philippine Normal College, and the School for the Deaf and the Blind, a ten-year
program for the training of special and exceptional children. (As amended by R.A. No.
6067, August 4, 1969).
SECTION 2. The term â€œspecial and exceptional children shallâ€ include the
mentally retarded, the crippled, the deaf and hard of hearing, the speech handicapped,
the socially and emotionally disturbed and the gifted.
SECTION 3. The institutions of learning chosen by the Department of Education to carry
out the training of teachers for this program shall grant the necessary credit.
SECTION 4. All expenses to be incurred therefore such as tuition and other fees,
stipends of teacher trainees development and training abroad of members of the faculty
of the cooperating institutions and those of the special education staff of the General
Office, Bureau of Public Schools, and other expenses incident to the implementation of
this Act shall be charged against the funds of the program and shall be disbursed by the
Director of Public Schools: Provided, That the expenses for development and training
abroad shall not exceed ten per centum of the total appropriation provided in Republic
Act Numbered Five thousand two hundred and fifty. (As amended by R.A. No. 6067,
August 4, 1969).
SECTION 5. The program shall as far as practicable, include the setting up of pilot
classes, for special and exceptional children in regular schools with the end in view of
integrating said children into the regular school program and of encouraging
socialization.
The program shall set up projects in such a way that special education shall be
conducted within the facilities of regular schools whenever possible.
The program shall also set up research and survey projects to identify and locate
exceptional children in need of its services.
SECTION 6. A number of scholarships shall be created every year for ten year for
prospective teachers who shall undertake the training courses. The coordinator of the
program shall see to it that scholarship grantees and teacher trainees under the
program are intellectually and emotionally prepared to handle special education.
SECTION 7. The Secretary of Education shall issue such rules and regulations and
shall employ such specialists as may be necessary to implement the provisions of this
Act.
SECTION 8. The sum of three hundred fifty thousand pesos is hereby authorized to be
appropriated out of any funds in the National Treasury not otherwise appropriated to
carry out the provisions of this Act for the fiscal year nineteen hundred and sixty-eight.
Thereafter, such sums as are necessary for the operation of said training program shall
be included in the annual General Appropriations Act.
SECTION 9. This Act shall take effect upon its approval.
Approved, June 15, 1968.
Batas Pambansa Blg. 344 – An Act to Enhance the Mobility of Disabled Persons
by Requiring Certain Buildings, Institutions, Establishments and Public Utilities
to install Facilities and Other Devices
Batasang Pambansa
Fifth Regular Session
Begun and held in Quezon
City, Metropolitan Manila, on Monday,
The twenty-sixth day of July nineteen hundred and eighty-two.
BATAS PAMBANSA BLG. 344
AN ACT TO ENHANCE THE MOBILITY OF DISABLED PERSONS
BY REQUIRING CERTAIN BUILDINGS, INSTITUTIONS, ESTABLISHMENTS AND
PUBLIC UTILITIES TO INSTALL FACILITIES AND OTHER DEVICES.
Be it enacted by the Batasang Pambansa in session assembled
SECTION 1. In order to promote the realization of the rights of disabled persons to
participate fully in the social life and the development of the societies in which they live
and the enjoyment of the opportunities available to other citizens, no license or permit
for the construction, repair or renovation of public and private buildings for public use.
Educational institutions, airports, sports and recreation centers and complexes,
shopping centers or establishments, public parking places, work-places, public utilities,
shall be granted or issued unless the owner or operator thereof shall install and
incorporate in such building, establishment, institution or public utility, such architectural
facilities or structural features as shall reasonably enhance the mobility of disabled
persons such as sidewalks, ramps, railings and the like. If feasible, all such existing
buildings, institutions, establishments, or public utilities to be constructed or established
for which licenses or permits had already been issued may comply with the
requirements of this law: Provided, further, That in case of government buildings, street
and highways, the Ministry of Public Works and Highways shall see to it that the same
shall be provided with architectural facilities or structural features for disabled persons.
In the case of the parking place of any of the above institutions, buildings, or
establishment, or public utilities, the owner or operator shall reserve sufficient and
suitable space for the use of disabled persons.
SECTION 2. In case of public conveyance, devices such as the prominent display of
posters or stickers shall be used to generate public awareness of the rights of the
disabled and foster understanding of their special needs. Special bus stops shall be
designed for disabled persons. Discriminating against disabled persons in the carriage
or transportation of passengers is hereby declared unlawful.
SECTION 3. The Minister of Public Works and Highways and the Minister of
Transportation and Communication, in coordination with the National Commission
Concerning Disabled Persons, shall prepare the necessary rules and regulations to
implement the provisions of this Act.
SECTION 4. Any person violating any provision of this Act or of the rules and
regulations promulgated hereunder shall, upon conviction by a court of competent
jurisdiction, suffer the penalty of imprisonment of not less than one month but not more
than one year or a fine of P2,000 to P5,000 or both, at the discretion of the court:
Provided, That in the case of corporations, partnerships, cooperatives or associations,
the president, manager or administrator, or the person who has charge of the
construction, repair or renovation of the buildings, space or utilities shall be criminally
responsible for any violation of this Act and/or rules and regulations promulgated
pursuant thereto.
SECTION 5. All laws, executive and administrative orders, rules and regulations
inconsistent with the foregoing provisions are hereby repealed or amended accordingly.
SECTION 6.This Act shall take effect upon its approval.
Approved.
(Signed)
QUERUBE C. MAKALINTAL
Speaker
This Act was passed by the Batasang Pambansa on December 7, 1982
(Signed)
ANTONIO M. DE GUZMAN
Secretary General
Approved: February 25, 1983
(Signed)
FERDINAND E. MARCOS
President of the Philippines
RA 6759 – An Act Declaring August One Of Each Year As White Cane Safety Day
In The Philippines And For Other Purposes
Metro Manila
Third Regular Session
Begun and held in Metro Manila, on Monday
the twenty-fourth Day of July, nineteen hundred and eighty-nine.
REPUBLIC ACT NO. 6759
AN ACT DECLARING AUGUST ONE OF EACH YEAR AS WHITE CANE SAFETY
DAY IN THE PHILIPPINES AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:
SECTION 1. Short Title. â€“ This act shall be known as the â€œWhite Cane Act”.
SECTION 2. Declaration of Policy. â€“ It is declared to be the policy of the State to
promote and protect the physical, moral, and social well-being of all handicapped
persons, such as the blind, and to undertake studies on specific causes of high
percentage of blind people in the Philippines.
SECTION 3. White Cane Safety Day. â€“ August One of each year is hereby declared
as White Cane Safety Day for the purposes of instilling public awareness of the plight of
the blind, promoting recognition and acceptance of the “white cane” as a symbol of the
need of the blind for specific assistance and as a reminder of the individual’s duty to
care for and accord due respect to his unfortunate brethren.
SECTION 4. Observation; Education and Information. â€“ The White Cane Safety Day
shall be appropriately observed, Towards this end, the Department of Education,
Culture and Sports, the Department of Health and the Philippine Information Agency
shall conduct a continuing education and information campaign to achieve the purposes
as stated in Section Three of this Act.
SECTION 5. Government Agencies; Rules and Regulations – The Department of
Education, Culture and Sports shall, in consultation with the Department of Health and
the Department of Social Welfare and Development, issue rules and regulations to
effectively implement the provisions of this Act.
SECTION 6. Effectivity – This Act shall take effect fifteen (15) days after its complete
publication in a newspaper of general circulation.
Approved:
(SGD.) RAMON V. MITRA
Speaker of the House of Representatives
(SGD.) JOVITO R. SALONGA
President of the Senate
This Act which originated in the Senate was finally passed by the senate and the House
of Representatives on August 29, 1989 and August 17, 1989, respectively
(SGD.) QUIRINO D. ABAD SANTOS, JR.
Secretary of the House of Representatives
(SGD.) EDWIN P. ACOBA
Secretary of the Senate
Approved: September 18, 1989
(SGD.) CORAZON C. AQUINO
RA 7277 – An Act Providing For The Rehabilitation, Self-Development And Self-
Reliance Of Disabled Person And Their Integration Into The Mainstream Of
Society And For Other Purposes.
Metro Manila
Fifth Regular Session
BEGUN AND HELD IN METRO MANILA, ON MONDAY, THE TWENTY SECOND DAY
OF JULY, NINETEEN HUNDRED AND NINETY-ONE.
AN ACT PROVIDING FOR THE REHABILITATION, SELF-DEVELOPMENT AND
SELF-RELIANCE OF DISABLED PERSON AND THEIR INTEGRATION
INTO THE MAINSTREAM OF SOCIETY AND FOR OTHER PURPOSES.
Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:
TITLE ONE GENERAL PROVISIONS
CHAPTER I Basic Principle
SECTION 1. Title This Act shall be known and cited as the Magna Carta for
Disabled Persons’.
SECTION 2. Declaration of Polity The grant of the rights and privileges for disabled
persons shall be guided by the following principles:
(a). Disabled persons are part of the Philippine society, thus the Senate shall give full
support to the improvement of the total well-being of disabled persons and their
integration into the mainstream of society.
Toward this end, the State shall adopt policies ensuring the rehabilitation, self-
development and self-reliance of disabled persons.
It shall develop their skills and potentials to enable them to compete favorably for
available opportunities.
(b). Disabled persons have the same rights as other people to take their proper place in
society. They should be able to live freely and as independently as possible. This must
be the concern of everyone the family, community and all government and non-
government organizations. Disabled person’s rights must never be perceived as welfare
services by the Government.
(c). The rehabilitation of the disabled persons shall be the concern of the Government in
order to foster their capability to attain a more meaningful, productive and satisfying life.
To reach out to a greater number of disabled persons, the rehabilitation services and
benefits
shall be expanded beyond the traditional urban-based centers to community based
programs, that will ensure full participation of different sectors as supported by national
and local government agencies.
(d). The State also recognizes the role of the private sector in promoting the welfare of
disabled persons and shall encourage partnership in programs that address their needs
and concerns.
(e). To facilitate integration of disabled persons into the mainstream of society, the State
shall advocate for and encourage respect for disabled persons. The State shall exert all
efforts to remove all social, cultural, economic, environmental and attitudinal barriers
that
are prejudicial to disabled persons.
SECTION 3. Coverage This Act shall covers all disabled persons and, to the extend
herein provided, departments, offices and agencies of the National Government or non-
government organization involved in the attainment of the objectives of this Act.
SECTION 4. Definition of Terms For purposes of this Act, these terms are defined
as follows:
(a). Disabled Persons are those suffering from restriction of different abilities, as a result
of a mental, physical or sensory impairment, to perform an activity in the manner or
within the range considered normal for a human being;
(b). Impairment is any loss, diminution or aberration of psychological, physiological, or
anatomical structure of function;
(c). Disability shall mean (1) a physical or mental impairment that substantially limits
one or more psychological, physiological or anatomical function of an individual or
activities of such individual; (2) a record of such an impairment; or (3) being regarded as
having such an impairment;
(d). Handicap refers to a disadvantage for a given individual resulting from an
impairment or a disability, that limits or prevents the functions or activity, that is
considered normal given the age and sex of the individual;
(e). Rehabilitation is an integrated approach to physical, social, cultural, spiritual,
educational and vocational measures that create conditions for the individual to attain
the highest possible level of functional ability;
(f). Social Barriers refer to the characteristics of institutions, whether legal,
economic, cultural, recreational or other, any human group, community, or society which
limit the fullest possible participation of disabled persons in the life of the group. Social
barriers include negative attitudes which tends to single out and exclude disabled
persons and which distort roles and interpersonal relationship;
(g). Auxiliary Aids and Services include:
1) qualified interpreters or other effective methods of delivering materials to individuals
with hearing impairments;
2) qualified readers, taped tests, or other effective methods of delivering materials to
individuals with visual impairments;
3) acquisition or modification of equipment or devices; and
4) other similar services and actions or all types of aids and services that facilitate the
learning process of people with mental disability;
(h). Reasonable Accommodation include (1) improvement of existing facilities used by
employees in order to render these readily accessible to and usable by disabled
persons; and (2) modification of work schedules, reassignment to a vacant position,
acquisition or modification of equipment or devices, appropriate adjustments or
modifications of examinations, training materials or company policies, rules and
regulations, the provisions of auxiliary aids and services, and other similar
accommodations for disabled persons;
(i). Sheltered Employment refers to the provision of productive work for disabled
persons through workshop providing special facilities, income producing projects or
homework schemes with a view to given them the opportunity to earn a living thus
enabling them to acquire a working capacity required in open industry.
(j). Auxiliary Social Services are the supportive activities in the delivery of social
services to the marginalized sectors of society;
(k). Marginalized Disabled Persons refer to disabled persons who lack access to
rehabilitative services and opportunities to be able to participate fully in socioeconomic
activities and who have no means of livelihood or whose incomes fall below poverty
threshold;
(l). Qualified Individual with a Disability shall mean an individual with a disability who,
with or without reasonable accommodations, can perform the essential functions of the
employment position that such individual holds or desires. However, consideration shall
be given to the employer’s judgement as to what functions of a job are essential, and if
an employer has prepared a written description before advertising or interviewing
applicants for the job, this description shall be considered evidence of the essential
functions of the job;
(m). Readily Achievable means a goal can be easily attained and carried out without
much difficulty or expense. In determining whether an action is readily achievable,
factors to be considered include
1) the nature and cost of the action;
2) the overall financial resources of the facility or facilities involved in the action; the
number of persons employed at such facility; the effect on expenses and
resources, or the impact otherwise of such action upon the operation of the facility;
3) the overall financial resources of the covered entity with respect to the number of its
employees; the number, type and location of its facilities; and
4) the type of operation or operations of the covered entity, including the composition,
structure and functions of the work force of such entity; the geographic
separateness, administrative or fiscal relationship of the facilities in question to the
covered entity;
(n). Public Transportation means transportation by air, land and sea that provides the
public with general or special service on a regular and continuing basis;
(o). Covered entity means employer, employment agency, labor organization or joint
labor-management committee; and
(p). Commerce shall be taken to mean a s travel, trade, traffic, commerce,
transportation, or communication among the provinces or between any foreign country
or any territory or possession and any province.
TITLE TWO RIGHTS AND PRIVILEGES OF DISABLED PERSONS
CHAPTER I – Employment
SECTION 5. Equal Opportunity for Employment No disabled
persons shall be denied access to opportunities for suitable employment. A qualified
disabled employee shall be subject to the same terms and conditions of employment
and the same compensation, privileges, benefits, fringe benefits, incentives or
allowances as a qualified able-bodied person. Five percent (5%) of all casual,
emergency and contractual positions in the Department of Social Welfare and
Development; Health; Education, Culture and Sports; and other government agencies,
offices or corporations engaged in social development shall be reserved for disabled
persons.
SECTION 6. Sheltered Employment If suitable employment for disabled persons
cannot be found through open employment as provided in the immediately preceding
Section, the State shall endeavor to provide it by means of sheltered employment. In
the placement of disabled persons in sheltered employment, it shall accord due regard
to the individual qualities, vocational goals and inclinations to ensure a good working
atmosphere and efficient production.
SECTION 7. Apprenticeship Subject to the provision of the Labor Code as
amended, disabled persons shall be eligible as apprentices or learners; Provided, That
their handicap is not much as to effectively impede the performance of job operations in
the particular occupation for which they are hired; Provided, further, That after the lapse
of the period of apprenticeship if found satisfactory in the job performance, they shall be
eligible for employment.
SECTION 8. Incentives for Employer (a) To encourage the active participation of the
private sector in promoting the welfare of disabled persons and to ensure gainful
employment for qualified disabled persons, adequate incentives shall be provided to
private entities which employ disabled persons.
(b). Private entities that employ disabled persons who meet the required skills or
qualifications, either as regular employee, apprentice or learner, shall be entitled to an
additional deduction, from their gross income, equivalent to twenty-five percent (25%) of
the total amount paid as salaries and wages to disabled persons: Provided, however,
That such entities present proof as certified by the Department of Labor and
Employment that disabled person are under their employ. Provided, further, That the
disabled employee is accredited with the Department of Labor and Employment and the
Department of Health as to his disability, skills and qualifications.
(c). Private entities that improved or modify their physical facilities in order to provide
reasonable accommodation for disabled persons shall also be entitled to an additional
deduction from their net taxable income, equivalent to fifty percent (50%) of the direct
costs of the improvements or modifications. This section, however, does not apply to
improvements or modifications of facilities required under Batas Pambansa Bilang 344.
SECTION 9. Vocational Rehabilitation Consistent with the principle of equal
opportunity for disabled workers and workers in general, the State shall take appropriate
vocational rehabilitation measures that shall serve to develop the skills and potential of
disabled persons and enable them to compete favorably for available productive and
remunerative employment opportunities in the labor market. The State shall also take
measures to ensure the provisions of vocational rehabilitation and livelihood services for
disabled persons in the rural areas. In addition, it shall promote cooperation and
coordination between the government and non-government organization and other
private entities engaged in vocational rehabilitation activities.
The Department of Social Welfare and Development shall design and implement
training programs that will provide disabled persons with vocational skills to enable them
to engage in livelihood activities or obtain gainful employment. The Department of Labor
and Employment shall likewise design and conduct training programs geared towards
providing disabled persons with skills for livelihood.
SECTION 10. Vocational Guidance and Counselling The Department of Social
Welfare and Development shall implement measures providing and evaluating
vocational guidance and counselling to enable disabled persons to secure, retain and
advance in employment. It shall ensure the availability and training counsellors and
other suitability qualified staff responsible for the vocational guidance and counselling of
disabled persons.
SECTION 11. Implementing Rules and Regulations The Department of Labor and
Employment shall in coordination with the Department of Social Welfare and
Development (DSWD) and National Council for the Welfare of Disabled Persons
(NCWDP), shall promulgate the rules and regulations necessary to implement the
provision under this Chapter.
CHAPTER 2 – Education
SECTION 12. Access to Quality Education The State shall ensure that disabled
persons are provided with adequate access to quality education and ample
opportunities to develop their skills. It shall take appropriate steps to make such
education accessible to all disabled persons. It shall be unlawful for any learning
institutions to deny a disabled person admission to any course it offers by reason of
handicap or disability. The State shall take into consideration the special requirements
of disabled persons in the formulation of education policies and program. It shall
encourage learning institutions to take into account the special needs of disabled
persons with respect to the use of school facilities, class schedules, physical education
requirements and other pertinent consideration. The State shall also promote the
provision by learning institutions, of auxiliary services that will facilitate the learning
process for disabled persons.
SECTION 13. Assistance to Disabled Students The State shall provide financial
assistance to economically marginalized but deserving disabled students pursuing post
secondary or tertiary education. Such assistance may be in the form of scholarship
grants, student loan programs, subsidies, and other incentives to qualified disabled
students in both public and private schools. At least five percent (5%) of the allocation
for the Private Education Student Financial Assistance Program created by virtue of
R.A. 6728 shall be set aside for disabled students pursuing vocational or technical and
degree courses.
SECTION 14. Special Education The State shall establish, maintain and support a
complete, adequate and integrated system of special education for the visually
impaired, hearing impaired, mentally retarded persons and other type of exceptional
children in all regions of the country. Towards this end, the Department of Education,
Culture and Sports shall establish special education classes in public schools in cities,
or municipalities. It shall also establish, where viable, Braille and Record Libraries in
provinces, cities or municipalities. The National Government shall allocate funds
necessary for the effective implementation of the special education program nationwide.
Local government units may likewise appropriate counterpart funds to supplement
national funds.
SECTION 15. Vocational or Technical and Other Training Programs The State
provide disabled persons with training in civics, vocational efficiency,
sports and physical fitness, and other skills. The Department of Education, Culture and
Sports shall establish in at least one government-owned vocational
and technical school in every province a special vocational and technical training
program for disabled persons. It shall develop and implement sports and
physical fitness program specifically designed for disabled persons taking into
consideration the nature of their handicap. SECTION 16. Non-Formal Education
The State shall develop nonformal education programs intended for the total human
development of disabled persons. It shall provide adequate resources for non-formal
education programs and projects that cater to the special needs of disabled persons.
SECTION 17. State Universities and Colleges If viable and needed, the State
Universities or State Colleges in each region or province shall be responsible for (a) the
development of material appliances and technical aids for disabled persons; (b) the
development of training materials for vocational rehabilitation and special education
instructions; and (c) the research on special problems, particularly of the visually-
impaired, hearing-impaired, and orthopedically-impaired students, mentally retarded,
and multi-handicapped and other, and the elimination of social barriers and
discrimination against disabled persons; and (d) inclusion of the Special Education for
Disabled (SPED) course in the curriculum. The National Government shall provide
these state universities and colleges with the necessary special facilities for visually-
impaired, hearingimpaired, speech impaired, and orthopedically-impaired students. It
shall likewise allocate the necessary funds in support of the above.
CHAPTER 3 – Health
SECTION 18. National Health Program The Department of Health, in coordination
with National Council for the Welfare of Disabled Persons, shall institute a national
health program which shall aim to attain the following:
(a). prevention of disability, whether occurring prenatally or post-natally;
(b). recognition and early diagnosis of disability; and
(c). early rehabilitation of the disabled.
SECTION 19. Rehabilitation Centers The Department of Health shall establish
medical rehabilitation centers in government provincial hospitals, and shall include it
annual appropriation the necessary funds for the operation of such centers. The
Department of Health shall formulate and implement a program to enable marginalized
disabled persons to avail of free rehabilitation services in government hospitals.
SECTION 20. Health Services The State shall protect and promote the right to
health of disabled persons and shall adopt an integrated and comprehensive approach
to their health development which shall make essential health services available to them
at affordable cost. The National Government shall provide an integrated health service
for disabled persons which shall include, but not limited to, the following:
(a). prevention of disability through immunization, nutrition, environmental protection
and preservation, and genetic counselling; and early detection of disability and timely
intervention to arrest disabling condition; and
(b). medical treatment and rehabilitation.
The Department of Health shall field medical personnel specializing in the treatment and
rehabilitation of disabled persons to provincial hospitals and, when
viable, to municipal health centers. It shall also train its field health personnel in the
provision of medical attention to disabled persons. It shall further ensure that its field
health units have the necessary capabilities to fit prosthetic and orthotic appliances on
disabled persons.
CHAPTER 4 Auxiliary Social Services
SECTION 21. Auxiliary Social Services The State shall ensure that marginalized
persons are provided with the necessary auxiliary services that will restore their social
functioning and participation in community affairs. Toward this end, the Department of
Social Welfare and Development shall develop and implement programs on auxiliary
social services that respond to the needs of marginalized disabled persons. The
components of such a program shall be as follows:
(a). assistance in the acquisition of prosthetic devices and medical intervention of
specialty services;
(b). provision of specialized training activities designed to improved functional limitations
of disabled persons related to communications skills;
(c). development among disabled persons of a positive self-image through the provision
of counselling, orientation and mobility and strengthening daily living capability;
(d). provision of family care services geared towards developing the capability of
families to respond to the needs of the disabled members of the family;
(e). provision of substitute family care services and the facilities therefore for
abandoned, neglected, abused and unattached disabled persons who need custodial
care;
(f). provision of after care and follow-up services for the continued rehabilitation in a
community-based setting of disabled persons who were released from the residential
care or rehabilitation center; and
(g). provision of day care services for disabled children of pre-school age.
CHAPTER 5 – Telecommunications
SECTION 22. Broadcast Media Television stations shall be encouraged to provide a
sign language inset or subtitles in at least one (1) newscast program a day and special
program covering events of national significance.
SECTION 23. Telephone Services All telephone companies shall be encouraged to
install special telephone devices or units for the hearing-impaired and ensure that they
are commercially available to enable them to communicate through the telephone
system.
SECTION 24. Free Postal Charges for the Disabled Postal charges shall be free on
the following:
(a). article and literature like books and periodicals, orthopedic and other devices, and
teaching aids for the use of the disabled sent by mail within the Philippines and abroad;
and
(b). aids and orthopedic devices for the disabled sent abroad by mail for repair;
Provided, That the aforesaid items are for personal purposes only: Provided further,
That the disabled person is a marginalized disabled as certified
by the Social Welfare and Development Office of the local government unit concerned
or the Department of Social Welfare and Development.
CHAPTER 6 – Accessibility
SECTION 25. Barrier-Free Environment The State shall ensure the attainment of a
barrier-free environment that will enable disabled persons to have access in public and
private buildings and establishments and such other places mentioned in Batas
Pambansa Bilang 344, otherwise known as the Accessibility Law’. The national and
local government shall allocate funds for the provision of architectural or structural
features for disabled persons in government buildings and facilities.
SECTION 26. Mobility The State promote the mobility of disabled persons. Disabled
persons shall be allowed to drive motor vehicles, subject to the rules and regulations
issued by the Land Transportation Office pertinent to the nature of their disability and
the appropriate adaptations or modifications made on such vehicles.
SECTION 27. Access to Public Transport Facilities The Department of Social
Welfare and Development shall develop a program to assist marginalized disabled
persons gain access in the use of public transport facilities. Such assistance may be in
the form of subsidized transportation fare. The said department shall also allocate such
funds as may be necessary for the effective implementation of the public transport
program for the disabled persons. The Accessibility Law,’ as amended, shall be
made supplementary to this Act.
SECTION 28. Implementing Rules and Regulations The Department of
Transportation and Communications shall formulate the rules and regulations necessary
to implement the provision of this Chapter.
CHAPTER 7 Political and Civil Rights
SECTION 29. System of Voting Disabled persons shall be allowed to be assisted by
a person of his choice in voting in the national or local elections. The person thus
chosen shall prepare ballot for the disabled voter inside the voting booth. The person
assisting shall bind himself in a formal document under oath to fill out the ballot strictly
in accordance with the instructions of the voter and not to reveal the contents of the
ballot prepared by him. Violation of this provision shall constitute an election offense.
Polling places should be made accessible to disabled persons during the national or
local elections.
SECTION 30. Right to Assemble Consistent with the provisions of the Constitution,
the State shall recognize the right of disabled persons to participate in processions,
rallies, parades, demonstrations, public meetings, and assemblages or other forms of
mass or concerted action held in public.
SECTION 31. Right to Organize The State recognize the rights of disabled persons
to form organizations or associations that promote their welfare and advance or
safeguard their interests. The National Government, through its agencies,
instrumentalities and subdivisions, shall assist disabled persons in establishing self-help
organizations by providing them with necessary technical and financial assistance.
Concerned government agencies and offices shall establish close linkages with
organizations of disabled persons in order to respond expeditiously to the needs of
disabled persons. National line agencies and local government units shall assist
disabled persons in setting up specific projects that will be managed like business
propositions. To ensure the active participation of disabled persons in the social
economic development of the country, their organizations shall be encouraged to
participate in the planning, organization and management of government programs and
projects for disabled persons. Organizations of disabled persons shall participate in the
identification and preparation of programs that shall serve to develop employment
opportunities for the disabled persons.
TITLE THREE PROHIBITION ON DISCRIMINATION AGAINST DISABLED
PERSONS
CHAPTER 1 Discrimination on Employment
SECTION 32. Discrimination on Employment No entity, whether public or private,
shall discriminate against a qualified disabled person by reason of disability in regard to
job application procedures, the hiring, promotion, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges of employment.
The following constitute acts of discrimination:
(a). Limiting, segregating or classifying a disabled job applicant in such a manner that
adversely affects his work opportunities;
(b). Using qualification standards, employment tests or other selection criteria that
screen out or tend to screen out a disabled person unless such standards, tests or other
selection criteria are shown to be jobrelated for the position on question and are
consistent with business necessity;
(c). Utilizing standards, criteria, or methods of administration that:
1). have the effect of discrimination on the basis of disability; or
2). perpetuate the discrimination of others who are subject to common administrative
control;
(d). Providing less compensation, such as salary, wage or other forms of remuneration
and fringe benefits, to a qualified disabled employee, by reason of his disability, than the
amount to which a non-disabled person performing the same work is entitled;
(e). Favoring a non-disabled employee over a qualified disabled employee with respect
to promotion, training opportunities, study and scholarship grants, solely on account of
the latter’s disability;
(f). Re-assigning or transferring a disabled employee to a job or position he cannot
perform by reason of his disability;
(g). Dismissing or terminating the services of a disabled employee by reason of his
disability unless the employer can prove that he impairs the satisfactory performance of
the work involve to the prejudice of the business entities; Provided, however, That the
employer first sought provide reasonable accommodations for disabled persons;
(h). Failing to select or administer in the effective manner employment tests which
accurately reflect the skills, aptitude or other factor of the disabled applicant or
employee that such test purports to measure, rather than the impaired sensory, manual
or speaking skills of such applicant or employee, if any; and
(i). Excluding disabled persons from membership in labor unions or similar organization.
SECTION 33. Employment Entrance Examination Upon an offer of employment, a
disabled applicant may be subjected to medical examination, on the following
occasions:
(a). all entering employees are subjected to such an examination regardless of
disability;
(b). information obtained during the medical condition or history of the applicant is
collected and maintained on separate forms and in separate medical files and is treated
as a confidential medical record, Provided, however, That:
1). supervisors and managers may be informed regarding necessary restrictions on the
work or duties of the employees and necessary accommodations;
2). first aid and safety personnel my be informed, when appropriate, if the disability
might require emergency treatment;
3). government officials investigating compliance with this Act shall be provided relevant
information on request; and
4). the results of such examination are used only accordance with this Act.
CHPTER 2 Discrimination on Transportation
SECTION 34. Public Transportation It shall be considered discrimination for the
franchises or operators and personnel of sea, land, and air transportation facilities to
charge higher fare or to refuse to convey a passenger, his orthopedic devices, personal
effects, and merchandise by reason of his disability.
CHAPTER 3 Discrimination on the Use of Public
Accommodations and Services
SECTION 35. Public Accommodations and Services For purposes of this Chapter,
public accommodations and services shall include the following:
(a). an inn, hotel, motel, or other place of lodging, except for an establishment located
within a building that contains not more than five (5) rooms for rent or hire and that is
actually occupied by the proprietor of such establishment as the residence of such
proprietor;
(b). a restaurant, bar or other establishment serving food or drink;
(c). a motion picture, theater, concert hall, stadium, or other place of exhibition or
entertainment;
(d). an auditorium, convention center, lecture hall, or other place of public gathering;
(e). a bakery, grocery store, hardware store, shopping center, or other sales or rental
establishment;
(f). a bank, barber-shop, beauty-shop, travel service, funeral parlor, gas station, office of
a lawyer, pharmacy, insurance office, professional office of a health care provider,
hospital or other service establishment;
(g). a terminal, depot, or other station used for specified public transportation;
(h). a museum, gallery, library or other place of public display or collection;
(i). a park, zoo, amusement park, or other place of recreation;
(j). a nursery, elementary, secondary, undergraduate, or post-graduate private school,
or other place of education;
(k). a gymnasium, health spa, bowling alley, golf course; or
(l). other place of exercise or recreation.
SECTION 36. Discrimination on the Use of Public Accommodations
(a) No disabled persons shall be discriminated on the basis of disability in the full and
equal enjoyment of the goods, services, facilities, privileges, advantages
or accommodations of any place of public accommodation by any person who owns,
leases, or operates a place of public accommodation. The following constitute acts of
discrimination:
1). denying a disabled person, directly through contractual, licensing, or other
arrangement, the opportunity to participate in or benefit from the goods, services,
facilities, privileges, advantages, or accommodations of an entity by reason of his
disability;
2). affording a disabled person, on the basis of his disability, directly or through
contractual, licensing, or other arrangement, with the opportunity to participate in or
benefit from a good, service, facility, privilege, advantage, or accommodation that is not
equal to that afforded to other able-bodied persons; and
3). providing disability, directly or through contractual, licensing, or other arrangement,
with a good, service, facility, advantages, privilege, or accommodation that is different or
separate from that provided to other able-bodied persons unless such action is
necessary to provide the disabled person with a good, service, facility, advantage,
privilege or accommodation, or other opportunity that is as effective as that provided to
others;
For purpose of this section, the term individuals or class individuals’ refers to the
clients or customers of the covered public accommodation that enters into the
contractual, licensing or other arrangement.
(b). Integrated Settings Goods, services, facilities, advantages, and
accommodations shall be afforded to an individual with a disability in the most
integrated setting appropriate to the needs of the individual.
(c). Opportunity to Participate Not withstanding the existence of separate or different
programs or activities provided in accordance with this section, an individual with a
disability shall not be denied the opportunity to participate in such programs or activities
that are not
separate or different.
(d). Association It shall be discriminatory to exclude or otherwise deny equal goods,
services, facilities, advantages, privileges, accommodations or other opportunities to an
individual or entity because of the known disability of an individual with whom the
individual or entity is known to have a relationship or association.
(e). Prohibitions For purposes of this Section, the following shall be considered as
discriminatory.
1). the imposition or application of eligibility criteria that screen out or tend to screen out
an individual with a disability or any class or individuals with disabilities from fully and
equally enjoying and goods, services, facilities, privileges, advantages,
accommodations, unless such criteria can be shown to be necessary for the provision of
the goods, services, facilities, privileges, or accommodations being offered;
2). a failure to make reasonable modifications in policies, practices, or procedures,
when such modification are necessary to afford such goods, services, facilities,
privileges, advantages or accommodations to individuals with disabilities, unless the
entity can demonstrate that making such modification would fundamentally alter the
nature of the goods, facilities, services, privileges, advantages, or accommodations;
3). Failure to take steps as may be necessary to ensure that no individual with disability
is excluded, denied services, segregated or otherwise treated differently than other
individuals because of the absence of auxiliary aids and services, unless the entity can
demonstrate that taking such steps would fundamentally alter the nature of the good,
service, facility, privilege or would result in undue burden;
4). a failure to remove architectural barriers, and communication barriers that are
structural in nature, in existing facilities, where such removal is readily achievable; and
5). where an entity can demonstrate that the removal of a barrier under clause (4) is not
readily achievable, a failure to make such goods, services, facilities, privileges,
advantages, or accommodations available through alternative methods if such methods
are readily achievable.
SECTION 37. Use of Government Recreational or Sports Centers
Free of Charge Recreational or sports centers owned or operated by the Governent
shall be used, free of charge, by marginalized disabled persons during their social,
sports or recreation activities.
SECTION 38. Implementing Rules and Regulations The Department of Public
Works and Highway shall formulate the rules and regulations necessary to implement
the provisions of this Chapter.
TITLE FOUR FINAL PROVISIONS
SECTION 39. Housing Program The National Government shall take into
consideration in its national shelter programs the special housing requirement of
disabled persons.
SECTION 40. Role of National Agencies and Local Government Units Local
government units shall promote the establishment of organizations of disabled persons
in their respective territorial jurisdictions. National agencies and local government units
may enter into joint ventures with organizations or associations of disabled persons to
explore livelihood opportunities and other undertaking that shall enhance the health,
physical fitness and the economic and social well-being of disabled persons.
SECTION 41. Support From Non-government Organizations Nongovernment
organizations or private volunteer organizations dedicated to the purpose of promoting
and enhancing the welfare of disabled persons shall, as they, are hereby encouraged,
become partners of the Government in the implementation of vocational rehabilitation
measures and other related programs and projects. Accordingly, their participation in
the implementation of said measures, program and projects is to be extended all
possible support by the Government. The Government shall sponsor a volunteer service
program which shall harness the involvement of private individual in the provision of
assistance to disabled persons.
SECTION 42. Tax Incentives (a) Any donation, bequest, subsidy or financial aid
which may be made to government agencies engaged in the rehabilitation of disabled
persons and organizations of disabled persons shall be exempt form the donor’s tax
subject to the provisions of Section 94 of the National Internal Revenue Code (NIRC),
as amended and shall be allowed as deduction from the donor’s gross income for
purposes of computing the taxable income subject to the provisions of Section 29 (h) of
the Code.
(b). Donations from foreign countries shall be exempt from taxes and duties on
importation subject to the provisions of Section 105 of the Tariff and Customs Code of
the Philippines, as amended, Section 103 of the NIRC, as amended and other relevant
laws and international agreements.
(c). Local manufacturing of technical aids and appliances used by disabled persons
shall be considered as a preferred area of investment subject to the provisions of
Executive Order No. 226 otherwise known as the Omnibus Investments Code of
1987’ and, as such, shall enjoy the rights, privileges and incentives as provided in said
Code such as, but not limited, to the following:
1). repatriation of investments;
2). remittance of earnings;
3). remittance of payments on foreign contracts;
4). freedom from expropriations;
5). freedom from requisition of investment;
6). income tax holiday;
7). additional deduction for labor expense;
8). tax and duty exemption on imported capital equipment;
9). tax credit on domestic capital equipment;
10). exemption from contractor’s tax;
11). simplification of customs procedures;
12). unrestricted use of consigned equipment;
13). employment of foreign nationals;
14). tax credits for taxes and duties on raw materials;
15). access to bonded manufacturing/trading warehouse system;
16). exemption from taxes and duties on imported spare parts; and
17). Exemption from wharfage dues and any export tax, duty, impostand free.
SECTION 43. Continuity Clause Should any department or agency tasked with the
enforcement or formulation of rules and regulations and guidelines for implementation of
any provisions of this Act is abolished, merge with another department or agency or
modified, such shall not affect the enforcement or formulation of rules, regulations and
guidelines for implementation of this Act to the effect that
(a). In case of abolition, the department or agency established to replace the abolished
department or agency shall take-over the functions under this Act of the abolished
department or agency.
(b). In case of the department or agency tasked with the enforcement of formulation of
rules, regulations and guidelines for implementation of this Act is merged with another
department or agency, the former shall continue the functions under this Act of the
merged department or agency.
(c). In case of modification, the department or agency modified shall continue the
functions under this Act of the department or agency that has undergone modification.
SECTION 44. Enforcement by the Secretary of Justice
(a). Denial of Right
1). Duty to Investigate the Secretary of Justice shall investigate alleged violations of
this Act, and shall undertake periodic reviews of compliance of covered entities under
this Act.
(b). Potential Violations If the Secretary of Justice has reasonable cause to believe
that
1). any person or group of persons is engaged in a pattern of practice of discrimination
under this Act; or
2). any person or group of persons has been discriminated against under this Act and
such discrimination raises and issue of general public importance, the Secretary of
Justice may commence a legal action in any appropriate court.
SECTION 45. Authority of Court The court may grant any equitable relief that such
court considers to be appropriate, including, to the extent required
by this Act:
(a). granting temporary, preliminary or permanent relief;
(b). providing an auxiliary aid or service, modification of policy, practice or procedure, or
alternative method; and
(c). making facilities readily accessible to and usable by individuals with disabilities.
SECTION 46. Penal Clause (a) Any person who violates any provision of this Act
shall suffer the following penalties:
1). for the first violation, a fine of not less than Fifty thousand pesos (P 50,000.00) but
not exceeding One hundred thousand pesos(P 100,000.00) or imprisonment of not less
than six (6) months but not more than two (2) years, or both at the discretion of the
court; and
2). for any subsequent violation, a fine of not less than One hundred thousand pesos (P
100,000.00) but not exceeding Two hundred thousand pesos (P 200,000.00) or
imprisonment for less than two (2) years but not more than six (6) years, or both at the
discretion of the court.
(b). Any person who abuses the privileges granted herein shall be punished with
imprisonment of not less than six (6) months or a fine of not less than Five thousand
pesos (P 5,000.00) but not more than Fifty thousand pesos (P 50,000.00), or both, at
the discretion of the court.
(c). If the violator is a corporation, organization or any similar entity, the officials thereof
directly involved shall be liable therefor.
(d). If the violator is an alien or a foreigner, he shall be deported immediately after
service of sentence without further deportation proceedings.
SECTION 47. Appropriations The amount necessary to carry out the provision of
this Act shall be included in the General Appropriation Act of the year following its
enactment into law and thereafter.
SECTION 48. Separability Clause Should any provision of this Act be found
unconstitutional by a court of law, such provisions shall be severed from the remainder
of the Act, and such action shall not affect the enforceability of the remaining provisions
of this Act.
SECTION 49. Repealing Clause All laws, presidential decrees, executive orders and
rules and regulations inconsistent with the provisions of this Act are hereby repealed or
SECTION 50. Effectivity This Act shall take effect fifteen (15) days after its
publication in any two (2) newspaper of general circulation.
Approved:
Signed)
RAMON V. MITRA
Speaker of the House
(Signed)
NEPTALI A. GONZALES
President of the Senate
This bill which is consolidation of Senate Bill No, 1286 and House Bill 35091, was finally
passed by the Senate and the House of Representatives on January 22, 1992 and
January 16, 1992, respectively.
(Signed)
CAMILO L. SABIO
House of Representatives
(Signed)
ANACLETO D. BADOY, JR.
Secretary of the Senate
Approved: March 24, 1992
(Signed)
CORAZON C. AQUINO
Republic Act No. 7610 June 17, 1992
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL

PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION,
AND FOR OTHER PURPOSES

Congress assembled:
ARTICLE I
Title, Policy, Principles and Definitions of Terms
Section 1. Title. – This Act shall be known as the "Special Protection of Children

Against Abuse, Exploitation and Discrimination Act."
Section 2. Declaration of State Policy and Principles. – It is hereby declared to be

the policy of the State to provide special protection to children from all firms of abuse,
neglect, cruelty exploitation and discrimination and other conditions, prejudicial their
development; provide sanctions for their commission and carry out a program for
prevention and deterrence of and crisis intervention in situations of child abuse,
exploitation and discrimination. The State shall intervene on behalf of the child when the
parent, guardian, teacher or person having care or custody of the child fails or is unable
to protect the child against abuse, exploitation and discrimination or when such acts
against the child are committed by the said parent, guardian, teacher or person having
care and custody of the same.1awphi1@alf
It shall be the policy of the State to protect and rehabilitate children gravely threatened
or endangered by circumstances which affect or will affect their survival and normal
development and over which they have no control.
The best interests of children shall be the paramount consideration in all actions
concerning them, whether undertaken by public or private social welfare institutions,
courts of law, administrative authorities, and legislative bodies, consistent with the
principle of First Call for Children as enunciated in the United Nations Convention of the
Rights of the Child. Every effort shall be exerted to promote the welfare of children and
enhance their opportunities for a useful and happy life.
Section 3. Definition of Terms. –
(a) "Children" refers to person below eighteen (18) years of age or those over but
are unable to fully take care of themselves or protect themselves from abuse,
neglect, cruelty, exploitation or discrimination because of a physical or mental
disability or condition;
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child
which includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and
emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the
intrinsic worth and dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food
and shelter; or
(4) Failure to immediately give medical treatment to an injured child

resulting in serious impairment of his growth and development or in his
permanent incapacity or death.
(c) "Circumstances which gravely threaten or endanger the survival and normal
development of children" include, but are not limited to, the following;
(1) Being in a community where there is armed conflict or being affected

by armed conflict-related activities;
(2) Working under conditions hazardous to life, safety and normal which
unduly interfere with their normal development;
(3) Living in or fending for themselves in the streets of urban or rural areas
without the care of parents or a guardian or basic services needed for a
good quality of life;
(4) Being a member of a indigenous cultural community and/or living

under conditions of extreme poverty or in an area which is
underdeveloped and/or lacks or has inadequate access to basic services
needed for a good quality of life;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those abovestated which endanger the

life, safety or normal development of children.
(d) "Comprehensive program against child abuse, exploitation and

discrimination" refers to the coordinated program of services and facilities to
protected children against:
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and normal

development of children.1awphi1Ÿ
ARTICLE II
Program on Child Abuse, Exploitation and Discrimination
Section 4. Formulation of the Program. – There shall be a comprehensive program to

be formulated, by the Department of Justice and the Department of Social Welfare and
Development in coordination with other government agencies and private sector
concerned, within one (1) year from the effectivity of this Act, to protect children against
child prostitution and other sexual abuse; child trafficking, obscene publications and
indecent shows; other acts of abuse; and circumstances which endanger child survival
and normal development.
ARTICLE III
Child Prostitution and Other Sexual Abuse
Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or
female, who for money, profit, or any other consideration or due to the coercion or
influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious
conduct, are deemed to be children exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be
imposed upon the following:
(a) Those who engage in or promote, facilitate or induce child prostitution which
include, but are not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of

written or oral advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as

prostitute;
(4) Threatening or using violence towards a child to engage him as a

prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a
child with intent to engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a
child exploited in prostitution or subject to other sexual abuse; Provided, That
when the victims is under twelve (12) years of age, the perpetrators shall be
prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No.
3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as
the case may be: Provided, That the penalty for lascivious conduct when the
victim is under twelve (12) years of age shall be reclusion temporal in its medium
period; and
(c) Those who derive profit or advantage therefrom, whether as manager or

owner of the establishment where the prostitution takes place, or of the sauna,
disco, bar, resort, place of entertainment or establishment serving as a cover or
which engages in prostitution in addition to the activity for which the license has
been issued to said establishment.
Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit

child prostitution under Section 5, paragraph (a) hereof when any person who, not being
a relative of a child, is found alone with the said child inside the room or cubicle of a
house, an inn, hotel, motel, pension house, apartelle or other similar establishments,
vessel, vehicle or any other hidden or secluded area under circumstances which would
lead a reasonable person to believe that the child is about to be exploited in prostitution
and other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of Section 5
hereof when any person is receiving services from a child in a sauna parlor or bath,
massage clinic, health club and other similar establishments. A penalty lower by two (2)
degrees than that prescribed for the consummated felony under Section 5 hereof shall
be imposed upon the principals of the attempt to commit the crime of child prostitution
under this Act, or, in the proper case, under the Revised Penal Code.
ARTICLE IV
Child Trafficking
Section 7. Child Trafficking. – Any person who shall engage in trading and dealing
with children including, but not limited to, the act of buying and selling of a child for
money, or for any other consideration, or barter, shall suffer the penalty of reclusion
temporal to reclusion perpetua. The penalty shall be imposed in its maximum period
when the victim is under twelve (12) years of age.
Section 8. Attempt to Commit Child Trafficking. – There is an attempt to commit

child trafficking under Section 7 of this Act:1awphi1@alf
(a) When a child travels alone to a foreign country without valid reason therefor
and without clearance issued by the Department of Social Welfare and
Development or written permit or justification from the child's parents or legal
guardian;
(c) When a person, agency, establishment or child-caring institution recruits

women or couples to bear children for the purpose of child trafficking; or
(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local
civil registrar or any other person simulates birth for the purpose of child
trafficking; or
(e) When a person engages in the act of finding children among low-income
families, hospitals, clinics, nurseries, day-care centers, or other child-during
institutions who can be offered for the purpose of child trafficking.
A penalty lower two (2) degrees than that prescribed for the consummated felony under
Section 7 hereof shall be imposed upon the principals of the attempt to commit child
trafficking under this Act.
ARTICLE V
Obscene Publications and Indecent Shows
Section 9. Obscene Publications and Indecent Shows. – Any person who shall hire,
employ, use, persuade, induce or coerce a child to perform in obscene exhibitions and
indecent shows, whether live or in video, or model in obscene publications or
pornographic materials or to sell or distribute the said materials shall suffer the penalty
of prision mayor in its medium period.
If the child used as a performer, subject or seller/distributor is below twelve (12) years of
age, the penalty shall be imposed in its maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a child
who shall cause and/or allow such child to be employed or to participate in an obscene
play, scene, act, movie or show or in any other acts covered by this section shall suffer
the penalty of prision mayor in its medium period.
ARTICLE VI
Other Acts of Abuse
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other

Conditions Prejudicial to the Child's Development. –
(a) Any person who shall commit any other acts of child abuse, cruelty or
exploitation or to be responsible for other conditions prejudicial to the child's
development including those covered by Article 59 of Presidential Decree No.
603, as amended, but not covered by the Revised Penal Code, as amended,
shall suffer the penalty of prision mayor in its minimum period.
(b) Any person who shall keep or have in his company a minor, twelve (12) years
or under or who in ten (10) years or more his junior in any public or private place,
hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage
parlor, beach and/or other tourist resort or similar places shall suffer the penalty
of prision mayor in its maximum period and a fine of not less than Fifty thousand
pesos (P50,000): Provided, That this provision shall not apply to any person who
is related within the fourth degree of consanguinity or affinity or any bond
recognized by law, local custom and tradition or acts in the performance of a
social, moral or legal duty.
(c) Any person who shall induce, deliver or offer a minor to any one prohibited by
this Act to keep or have in his company a minor as provided in the preceding
paragraph shall suffer the penalty of prision mayor in its medium period and a
fine of not less than Forty thousand pesos (P40,000); Provided, however, That
should the perpetrator be an ascendant, stepparent or guardian of the minor, the
penalty to be imposed shall be prision mayor in its maximum period, a fine of not
less than Fifty thousand pesos (P50,000), and the loss of parental authority over
the minor.
(d) Any person, owner, manager or one entrusted with the operation of any public
or private place of accommodation, whether for occupancy, food, drink or
otherwise, including residential places, who allows any person to take along with
him to such place or places any minor herein described shall be imposed a
penalty of prision mayor in its medium period and a fine of not less than Fifty
thousand pesos (P50,000), and the loss of the license to operate such a place or
establishment.
(e) Any person who shall use, coerce, force or intimidate a street child or any
other child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision
correccional in its medium period to reclusion perpetua.
For purposes of this Act, the penalty for the commission of acts punishable under
Articles 248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as
amended, the Revised Penal Code, for the crimes of murder, homicide, other intentional
mutilation, and serious physical injuries, respectively, shall be reclusion perpetua when
the victim is under twelve (12) years of age. The penalty for the commission of acts
punishable under Article 337, 339, 340 and 341 of Act No. 3815, as amended, the
Revised Penal Code, for the crimes of qualified seduction, acts of lasciviousness with
the consent of the offended party, corruption of minors, and white slave trade,
respectively, shall be one (1) degree higher than that imposed by law when the victim is
under twelve (12) years age.
The victim of the acts committed under this section shall be entrusted to the care of the
Department of Social Welfare and Development.
ARTICLE VII
Sanctions for Establishments or Enterprises
Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate,

or Conduct Activities Constituting Child Prostitution and Other Sexual Abuse,
Child Trafficking, Obscene Publications and Indecent Shows, and Other Acts of
Abuse. – All establishments and enterprises which promote or facilitate child
prostitution and other sexual abuse, child trafficking, obscene publications and indecent
shows, and other acts of abuse shall be immediately closed and their authority or
license to operate cancelled, without prejudice to the owner or manager thereof being
prosecuted under this Act and/or the Revised Penal Code, as amended, or special laws.
A sign with the words "off limits" shall be conspicuously displayed outside the
establishments or enterprises by the Department of Social Welfare and Development for
such period which shall not be less than one (1) year, as the Department may
determine. The unauthorized removal of such sign shall be punishable by prision
correccional.
An establishment shall be deemed to promote or facilitate child prostitution and other

sexual abuse, child trafficking, obscene publications and indecent shows, and other acts
of abuse if the acts constituting the same occur in the premises of said establishment
under this Act or in violation of the Revised Penal Code, as amended. An enterprise
such as a sauna, travel agency, or recruitment agency which: promotes the
aforementioned acts as part of a tour for foreign tourists; exhibits children in a lewd or
indecent show; provides child masseurs for adults of the same or opposite sex and said
services include any lascivious conduct with the customers; or solicits children or
activities constituting the aforementioned acts shall be deemed to have committed the
acts penalized herein.
ARTICLE VIII
Working Children
Section 12. Employment of Children. – Children below fifteen (15) years of age may
be employed except:
(1) When a child works directly under the sole responsibility of his parents or
legal guardian and where only members of the employer's family are employed:
Provided, however, That his employment neither endangers his life, safety and
health and morals, nor impairs his normal development: Provided, further, That
the parent or legal guardian shall provide the said minor child with the prescribed
primary and/or secondary education; or
(2) When a child's employment or participation in public & entertainment or

information through cinema, theater, radio or television is essential: Provided,
The employment contract concluded by the child's parent or guardian, with the
express agreement of the child concerned, if possible, and the approval of the
Department of Labor and Employment: Provided, That the following requirements
in all instances are strictly complied with:
(a) The employer shall ensure the protection, health, safety and morals of the
child;
(b) the employer shall institute measures to prevent the child's exploitation or
discrimination taking into account the system and level of remuneration, and the
duration and arrangement of working time; and;
(c) The employer shall formulate and implement, subject to the approval and
supervision of competent authorities, a continuing program for training and skill
acquisition of the child.
In the above exceptional cases where any such child may be employed, the employer
shall first secure, before engaging such child, a work permit from the Department of
Labor and Employment which shall ensure observance of the above requirement.
The Department of Labor Employment shall promulgate rules and regulations

necessary for the effective implementation of this Section.
Section 13. Non-formal Education for Working Children. – The Department of

Education, Culture and Sports shall promulgate a course design under its non-formal
education program aimed at promoting the intellectual, moral and vocational efficiency
of working children who have not undergone or finished elementary or secondary
education. Such course design shall integrate the learning process deemed most
effective under given circumstances.
Section 14. Prohibition on the Employment of Children in Certain

Advertisements. – No person shall employ child models in all commercials or
advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and its
byproducts and violence.
Section 15. Duty of Employer. – Every employer shall comply with the duties provided
for in Articles 108 and 109 of Presidential Decree No. 603.
Section 16. Penalties. – Any person who shall violate any provision of this Article shall
suffer the penalty of a fine of not less than One thousand pesos (P1,000) but not more
than Ten thousand pesos (P10,000) or imprisonment of not less than three (3) months
but not more than three (3) years, or both at the discretion of the court; Provided, That,
in case of repeated violations of the provisions of this Article, the offender's license to
operate shall be revoked.
ARTICLE IX
Children of Indigenous Cultural Communities
Section 17. Survival, Protection and Development. – In addition to the rights

guaranteed to children under this Act and other existing laws, children of indigenous
cultural communities shall be entitled to protection, survival and development consistent
with the customs and traditions of their respective communities.
Section 18. System of and Access to Education. – The Department of Education,

Culture and Sports shall develop and institute an alternative system of education for
children of indigenous cultural communities which culture-specific and relevant to the
needs of and the existing situation in their communities. The Department of Education,
Culture and Sports shall also accredit and support non-formal but functional indigenous
educational programs conducted by non-government organizations in said communities.
Section 19. Health and Nutrition. – The delivery of basic social services in health and
nutrition to children of indigenous cultural communities shall be given priority by all
government agencies concerned. Hospitals and other health institution shall ensure that
children of indigenous cultural communities are given equal attention. In the provision of
health and nutrition services to children of indigenous cultural communities, indigenous
health practices shall be respected and recognized.
Section 20. Discrimination. – Children of indigenous cultural communities shall not be

subjected to any and all forms of discrimination.
Any person who discriminate against children of indigenous cultural communities shall
suffer a penalty of arresto mayor in its maximum period and a fine of not less than Five
thousand pesos (P5,000) more than Ten thousand pesos (P10,000).
Section 21. Participation. – Indigenous cultural communities, through their duly-

designated or appointed representatives shall be involved in planning, decision-making
implementation, and evaluation of all government programs affecting children of
indigenous cultural communities. Indigenous institution shall also be recognized and
respected.
ARTICLE X
Children in Situations of Armed Conflict
Section 22. Children as Zones of Peace. – Children are hereby declared as Zones of

Peace. It shall be the responsibility of the State and all other sectors concerned to
resolve armed conflicts in order to promote the goal of children as zones of peace. To
attain this objective, the following policies shall be observed.
(a) Children shall not be the object of attack and shall be entitled to special
respect. They shall be protected from any form of threat, assault, torture or other
cruel, inhumane or degrading treatment;
(b) Children shall not be recruited to become members of the Armed Forces of
the Philippines of its civilian units or other armed groups, nor be allowed to take
part in the fighting, or used as guides, couriers, or spies;
(c) Delivery of basic social services such as education, primary health and
emergency relief services shall be kept unhampered;
(d) The safety and protection of those who provide services including those
involved in fact-finding missions from both government and non-government
institutions shall be ensured. They shall not be subjected to undue harassment in
the performance of their work;
(e) Public infrastructure such as schools, hospitals and rural health units shall not
be utilized for military purposes such as command posts, barracks, detachments,
and supply depots; and
(f) All appropriate steps shall be taken to facilitate the reunion of families
temporarily separated due to armed conflict.
Section 23. Evacuation of Children During Armed Conflict. – Children shall be given

priority during evacuation as a result of armed conflict. Existing community
organizations shall be tapped to look after the safety and well-being of children during
evacuation operations. Measures shall be taken to ensure that children evacuated are
accompanied by persons responsible for their safety and well-being.
Section 24. Family Life and Temporary Shelter. – Whenever possible, members of

the same family shall be housed in the same premises and given separate
accommodation from other evacuees and provided with facilities to lead a normal family
life. In places of temporary shelter, expectant and nursing mothers and children shall be
given additional food in proportion to their physiological needs. Whenever feasible,
children shall be given opportunities for physical exercise, sports and outdoor games.
Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict. –

Any child who has been arrested for reasons related to armed conflict, either as
combatant, courier, guide or spy is entitled to the following rights;
(a) Separate detention from adults except where families are accommodated as
family units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or guardians of the child; and
(d) Release of the child on recognizance within twenty-four (24) hours to the
custody of the Department of Social Welfare and Development or any
responsible member of the community as determined by the court.
If after hearing the evidence in the proper proceedings the court should find that the
aforesaid child committed the acts charged against him, the court shall determine the
imposable penalty, including any civil liability chargeable against him. However, instead
of pronouncing judgment of conviction, the court shall suspend all further proceedings
and shall commit such child to the custody or care of the Department of Social Welfare
and Development or to any training institution operated by the Government, or duly-
licensed agencies or any other responsible person, until he has had reached eighteen
(18) years of age or, for a shorter period as the court may deem proper, after
considering the reports and recommendations of the Department of Social Welfare and
Development or the agency or responsible individual under whose care he has been
committed.
The aforesaid child shall subject to visitation and supervision by a representative of the
Department of Social Welfare and Development or any duly-licensed agency or such
other officer as the court may designate subject to such conditions as it may prescribe.
The aforesaid child whose sentence is suspended can appeal from the order of the
court in the same manner as appeals in criminal cases.
Section 26. Monitoring and Reporting of Children in Situations of Armed

Conflict. – The chairman of the barangay affected by the armed conflict shall submit
the names of children residing in said barangay to the municipal social welfare and
development officer within twenty-four (24) hours from the occurrence of the armed
conflict.
ARTICLE XI
Remedial Procedures
Section 27. Who May File a Complaint. – Complaints on cases of unlawful acts

committed against the children as enumerated herein may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of

consanguinity;1awphi1@ITC
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and

Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation occurred.
Section 28. Protective Custody of the Child. – The offended party shall be

immediately placed under the protective custody of the Department of Social Welfare
and Development pursuant to Executive Order No. 56, series of 1986. In the regular
performance of this function, the officer of the Department of Social Welfare and
Development shall be free from any administrative, civil or criminal liability. Custody
proceedings shall be in accordance with the provisions of Presidential Decree No. 603.
Section 29. Confidentiality. – At the instance of the offended party, his name may be
withheld from the public until the court acquires jurisdiction over the case.
It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed
materials, announcer or producer in case of television and radio broadcasting, producer
and director of the film in case of the movie industry, to cause undue and
sensationalized publicity of any case of violation of this Act which results in the moral
degradation and suffering of the offended party.Lawphi1@alf
Section 30. Special Court Proceedings. – Cases involving violations of this Act shall
be heard in the chambers of the judge of the Regional Trial Court duly designated as
Juvenile and Domestic Court.
Any provision of existing law to the contrary notwithstanding and with the exception of
habeas corpus, election cases, and cases involving detention prisoners and persons
covered by Republic Act No. 4908, all courts shall give preference to the hearing or
disposition of cases involving violations of this Act.
ARTICLE XII
Common Penal Provisions
Section 31. Common Penal Provisions. –
(a) The penalty provided under this Act shall be imposed in its maximum period if
the offender has been previously convicted under this Act;
(b) When the offender is a corporation, partnership or association, the officer or

employee thereof who is responsible for the violation of this Act shall suffer the
penalty imposed in its maximum period;
(c) The penalty provided herein shall be imposed in its maximum period when the
perpetrator is an ascendant, parent guardian, stepparent or collateral relative
within the second degree of consanguinity or affinity, or a manager or owner of
an establishment which has no license to operate or its license has expired or
has been revoked;
(d) When the offender is a foreigner, he shall be deported immediately after
service of sentence and forever barred from entry to the country;
(e) The penalty provided for in this Act shall be imposed in its maximum period if
the offender is a public officer or employee: Provided, however, That if the
penalty imposed is reclusion perpetua or reclusion temporal, then the penalty of
perpetual or temporary absolute disqualification shall also be imposed: Provided,
finally, That if the penalty imposed is prision correccional or arresto mayor, the
penalty of suspension shall also be imposed; and
(f) A fine to be determined by the court shall be imposed and administered as a

cash fund by the Department of Social Welfare and Development and disbursed
for the rehabilitation of each child victim, or any immediate member of his family
if the latter is the perpetrator of the offense.
ARTICLE XIII
Final Provisions
Section 32. Rules and Regulations. – Unless otherwise provided in this Act, the
Department of Justice, in coordination with the Department of Social Welfare and
Development, shall promulgate rules and regulations of the effective implementation of
this Act.
Such rules and regulations shall take effect upon their publication in two (2) national
newspapers of general circulation.
Section 33. Appropriations. – The amount necessary to carry out the provisions of this
Act is hereby authorized to be appropriated in the General Appropriations Act of the
year following its enactment into law and thereafter.
Section 34. Separability Clause. – If any provision of this Act is declared invalid or

unconstitutional, the remaining provisions not affected thereby shall continue in full force
and effect.
Section 35. Repealing Clause. – All laws, decrees, or rules inconsistent with the
provisions of this Acts are hereby repealed or modified accordingly.
Section 36. Effectivity Clause. – This Act shall take effect upon completion of its
publication in at least two (2) national newspapers of general circulation.
Approved: June 17, 1992.lawphi1Ÿ

Republic Act No. 9288 April 07, 2004
AN ACT PROMULGATING A COMPREHENSIVE POLICY AND A NATIONAL

SYSTEM FOR ENSURING NEWBORN SCREENING
Be it enacted by the Senate and House of Representatives of the Philippine Congress

Assembled:
ARTICLE 1
GENERAL PROVISIONS
SECTION 1. Short Title. - This Act shall be known as the "Newborn Screening Act of
2004."
SEC. 2. Declaration of Policy. - It is the policy of the State to protect and promote the
right to health of the people, including the rights of children to survival and full and
healthy development as normal individuals. In pursuit of such policy, the State shall
institutionalize a national newborn screening system that is comprehensive, integrative
and sustainable, and will facilitate collaboration among government and non-
government agencies at the national and local levels, the private sector, families and
communities, professional health organizations, academic institutions, and non-
governmental organizations. The National Newborn Screening System shall ensure that
every baby born in the Philippines is offered the opportunity to undergo newborn
screening and thus be spared from heritable conditions that can lead to mental
retardation and death if undetected and untreated.
SEC. 3. Objectives. - The objectives of the National Newborn Screening System are:
1) To ensure that every newborn has access to newborn screening for certain
heritable conditions that can result in mental retardation, serious health
complications or death if left undetected and untreated;
2) To establish and integrate a sustainable newborn screening system within the

public health delivery system;
3) To ensure that all health practitioners are aware of the advantages of newborn
screening and of their respective responsibilities in offering newborns the
opportunity to undergo newborn screening; and
4) To ensure that parents recognize their responsibility in promoting their child's

right to health and full development, within the context of responsible parenthood,
by protecting their child from preventable causes of disability and death through
newborn screening.
ARTICLE 2
DEFINITION OF TERMS
SEC. 4. Definitions. - Under this Act, the following terms shall have the meanings
respectively given to them below:
1) Comprehensive Newborn Screening System means a newborn screening

system that includes, but is not limited to, education of relevant stakeholders;
collection and biochemical screening of blood samples taken from newborns;
tracking and confirmatory testing to ensure the accuracy of screening results;
clinical evaluation and biochemical/medical confirmation of test results; drugs
and medical/surgical management and dietary supplementation to address the
heritable conditions; and evaluation activities to assess long term outcome,
patient compliance and quality assurance.
2) Follow-up means the monitoring of a newborn with a heritable condition for the

purpose of ensuring that the newborn patient complies fully with the medicine of
dietary prescriptions.
3) Health institutions mean hospitals, health infirmaries, health centers, lying-in

centers or puericulture centers with obstetrical and pediatric services, whether
public or private.
4) Healthcare practitioner means physicians, nurses, midwives, nursing aides

and traditional birth attendants.
5) Heritable condition means any condition that can result in mental retardation,

physical deformity or death if left undetected and untreated and which is usually
inherited from the genes of either or both biological parents of the newborn.
6) NIH means the National Institute of Health
7) Newborn means a child from the time of complete delivery to 30 days old.
8) Newborn Screening means the process of collecting a few drops of blood from

the newborn onto an appropriate collection card and performing biochemical
testing for determining if the newborn has a heritable condition.
9) Newborn Screening Center means a facility equipped with a newborn

screening laboratory that complies with the standards established by the NIH and
provides all required laboratory tests and recall/follow-up programs for newborns
with heritable conditions.
10) Newborn Screening Reference Center means the central facility at the NIH

that defines testing and follow-up protocols, maintains an external laboratory
proficiency testing program, oversees the national testing database and case
registries, assists in training activities in all aspects of the program, oversees
content of educational materials and acts as the Secretariat of the Advisory
Committee on Newborn Screening.
11) Parent education means the various means of providing parents or legal

guardians information about newborn screening.
12) Recall means a procedure for locating a newborn with a possible heritable

condition for purposes of providing the newborn with appropriate laboratory to
confirm the diagnosis and, as appropriate, provide treatment.
13) Treatment means the provision of prompt, appropriate and adequate

medicine, medical, and surgical management or dietary prescription to a
newborn for purposes of treating or mitigating the adverse health consequences
of the heritable condition.
ARTICLE 3
NEWBORN SCREENING
SEC. 5. Obligation to Inform. - Any health practitioner who delivers, or assists in the
delivery, of a newborn in the Philippines shall, prior to delivery, inform the parents or
legal guardian of the newborn of the availability, nature and benefits of newborn
screening. Appropriate notification and education regarding this obligation shall be the
responsibility of the Department of Health (DOH).
SEC. 6. Performance of Newborn Screening. - Newborn screening shall be

performed after twenty-four (24) hours of life but not later than three (3) days from
complete delivery of the newborn. A newborn that must be placed in intensive care in
order to ensure survival may be exempted from the 3-day requirement but must be
tested by seven (7) days of age. It shall be the joint responsibility of the parent(s) and
the practitioner or other person delivering the newborn to ensure that newborn
screening is performed. An appropriate informational brochure for parents to assist in
fulfilling this responsibility shall be made available by the Department of Health and
shall be distributed to all health institutions and made available to any health practitioner
requesting it for appropriate distribution.
SEC. 7. Refusal to be Tested. - a parent or legal guardian may refuse testing on the
grounds of religious beliefs, but shall acknowledge in writing their understanding that
refusal for testing places their newborn at risk for undiagnosed heritable conditions. A
copy of this refusal documentation shall be made part of the newborn's medical record
and refusal shall be indicated in the national newborn screening database.
SEC. 8. Continuing Education, Re-education and Training Health Personnel. - The

DOH, with the assistance of the NIH and other government agencies, professional
societies and non-government organizations, shall: (i) conduct continuing information,
education, re-education and training programs for health personnel on the rationale,
benefits, procedures of newborn screening; and (ii) disseminate information materials
on newborn screening at least annually to all health personnel involved in material and
pediatric care.
SEC. 9. Licensing and Accreditation. - The DOH and the Philippine Health Insurance
Corporation (PHIC) shall require health institutions to provide newborn screening
services as a condition for licensure or accreditation.
ARTICLE 4
IMPLEMENTATION
SEC. 10. Lead Agency. - The DOH shall be the lead agency in implementing this Act.
For purposes of achieving the objectives of this Act, the DOH shall:
1) Establish the Advisory Committee on Newborn Screening:
2) Develop the implementing rules and regulations for the immediate

implementation of a nationwide newborn screening program within one hundred
eight (180) days from the enactment of this Act;
3) Coordinate with the Department of the Interior and Local Government (DILG)
for implementation of the newborn screening program;
4) Coordinate with the NIH Newborn Screening Reference Center for the
accreditation of Newborn Screening Centers and preparation of defined testing
protocols and quality assurance programs.
SEC. 11. Advisory Committee on Newborn Screening. - To ensure sustained inter-

agency collaboration, the Advisory Committee on Newborn Screening is hereby created
and made an integral part of the Office of the Secretary of the DOH. The Committee
shall review annually and recommend conditions to be included in the newborn
screening panel of disorders; review and recommend the newborn screening fee to be
charged by Newborn Screening Centers; review the report of the Newborn Screening
Reference Center on the quality assurance of the National Screening Centers and
recommend corrective measures as deemed necessary.
The Committee shall be composed of eight (8) members, including the Secretary of
Health who shall act as Chairman. The other members of the Committee shall be as
follows: (i) the Executive Director of the NIH, who shall act as Vice Chairperson; (ii) an
Undersecretary of the DILG; (iii) the Executive Director of the Council for the Welfare of
Children (iv) the Director of the Newborn Screening Reference Center; and (v) three (3)
representatives appointed by the Secretary of Health who shall be a pediatrician,
obstetrician, endocrinologist, family physician, nurse or midwife, from either the public or
private sector. The three (3) representatives shall be appointed for a term of three (3)
years, subject to their being reappointed for additional three (3) years period for each
extension.
The Committee shall meet at least twice a year. The NIH shall serve as the Secretariat
of the Committee.
SEC. 12. Establishment and Accreditation of Newborn Screening Centers. - The

DOH shall ensure that Newborn Screening Centers are strategically located in order to
be accessible to the relevant public and provide services that comply with the standards
approved by the Committee upon the recommendation of the NIH. No Newborn
Screening Center shall be allowed to operate unless it has been duly accredited by the
DOH based on the standards set forth by the Committee. At a minimum, every Newborn
Screening Center shall: (i) have a certified laboratory performing all tests included in the
newborn screening program, (ii) have a recall/follow up programs for infants found
positive for any and all of the heritable conditions; (iii) be supervised and staffed by
trained personnel who have been duly qualified by the NIH; and (iv) submit to periodic
announced or unannounced inspections by the Reference Center in order to evaluate
and ensure quality Newborn Screening Center performance.
SEC. 13. Establishment of a Newborn Screening Reference Center. - The NIH shall

establish a Newborn Screening Reference Center, which shall be responsible for the
national testing database and case registries, training, technical assistance and
continuing education for laboratory staff in all Newborn Screening Centers.
SEC. 14. Quality Assurance. - The NIH Newborn Screening Reference Center shall be
responsible for drafting and ensuring good laboratory practice standards for newborn
screening centers, including establishing an external laboratory proficiency testing and
certification program. It shall also act as the principal repository of technical information
relating to newborn screening standards and practices, and shall provide technical
assistance to newborn screening centers needing such assistance.
SEC. 15. Database. - All Newborn Screening Centers shall coordinate with the NIH
Newborn Screening Reference Center for consolidation of patient databases. The NIH
Newborn Screening Reference Center shall maintain a national database of patients
tested and a registry for each condition. It shall submit reports annually to the
Committee and to the DOH on the status of and relevant health information derived
from the database. A plan for long-term outcome evaluation of newborn screening
utilizing the cases registries shall be developed within one (1) year of passage of this
Act by the NIH Newborn Screening Reference Center in consultation with the Advisory
Committee on Newborn Screening. Implementation of this plan shall become a
responsibility of the Advisory Committee on Newborn Screening.
SEC. 16. Newborn Screening Fees. -The PHIC shall include cost of newborn

screening in its benefits package. The newborn screening fee shall be applied to,
among others, testing costs, education, sample transport, follow-up and reasonable
overhead expenses.
To ensure sustainability of the National System for Newborn Screening, the newborn
screening fee shall be divided and set aside for the following purposes; at least four
percent (4%) to the DOH's Centers for Health Development or its future equivalent to be
spent solely for follow-up services, education and other activities directly related to the
provision of newborn screening services; at least four percent (4%) to the Newborn
Screening Centers for human resource development and equipment maintenance and
upgrading; at least four percent (4%) to the NIH Newborn Screening Reference Center
for overall supervision, training and continuing education, maintenance of national
database, quality assurance program and monitoring of the national program; and the
balance for the operational and other expenses of the Newborn Screening Center.
ARTICLE 5
FINAL PROVISIONS
SEC. 17. Repealing Clause. - All general and special laws, decrees, executive orders,
proclamations and administrative regulations, or any parts thereof, which are
inconsistent with this Act are hereby repealed or modified accordingly.
SEC. 18. Separability. - If, for any reason or reasons, any party of provisions of this Act
shall be declared or held to be unconstitutional or invalid, other provision or provisions
hereof which are not affected thereby shall continue to be in full force and effect.
SEC. 19. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
at least two (2) newspapers of general circulation.
Approved,
FRANKLIN DRILON JOSE DE VENECIA JR.

President of the Senate Speaker of the House of
Representatives
This Act which is consolidation of Senate No. 2707 and House Bill No. 6625 was finally
passed by the Senate and the House of Representatives on February 2, 2004 and
February 5, 2004, respectively
OSCAR G. YABES ROBERTO P. NAZARENO

Secretary of Senate Secretary General
House of Represenatives
Approved: April 07, 2004

GLORIA MACAPAGAL-ARROYO
Convention on the Rights of the Child
Adopted and opened for signature, ratification and accession by General

Assembly resolution 44/25 of 20 November 1989
entry into force 2 September 1990, in accordance with article 49
Preamble
The States Parties to the present Convention,
Considering that, in accordance with the principles proclaimed in the Charter of the
United Nations, recognition of the inherent dignity and of the equal and inalienable
rights of all members of the human family is the foundation of freedom, justice and
peace in the world,
Bearing in mind that the peoples of the United Nations have, in the Charter, reaffirmed
their faith in fundamental human rights and in the dignity and worth of the human
person, and have determined to promote social progress and better standards of life in
larger freedom,
Recognizing that the United Nations has, in the Universal Declaration of Human Rights
and in the International Covenants on Human Rights, proclaimed and agreed that
everyone is entitled to all the rights and freedoms set forth therein, without distinction of
any kind, such as race, colour, sex, language, religion, political or other opinion, national
or social origin, property, birth or other status,
Recalling that, in the Universal Declaration of Human Rights, the United Nations has
proclaimed that childhood is entitled to special care and assistance,
Convinced that the family, as the fundamental group of society and the natural
environment for the growth and well-being of all its members and particularly children,
should be afforded the necessary protection and assistance so that it can fully assume
its responsibilities within the community,
Recognizing that the child, for the full and harmonious development of his or her
personality, should grow up in a family environment, in an atmosphere of happiness,
love and understanding,
Considering that the child should be fully prepared to live an individual life in society,
and brought up in the spirit of the ideals proclaimed in the Charter of the United Nations,
and in particular in the spirit of peace, dignity, tolerance, freedom, equality and
solidarity,
Bearing in mind that the need to extend particular care to the child has been stated in
the Geneva Declaration of the Rights of the Child of 1924 and in the Declaration of the
Rights of the Child adopted by the General Assembly on 20 November 1959 and
recognized in the Universal Declaration of Human Rights, in the International Covenant
on Civil and Political Rights (in particular in articles 23 and 24), in the International
Covenant on Economic, Social and Cultural Rights (in particular in article 10) and in the
statutes and relevant instruments of specialized agencies and international
organizations concerned with the welfare of children,
Bearing in mind that, as indicated in the Declaration of the Rights of the Child, "the child,
by reason of his physical and mental immaturity, needs special safeguards and care,
including appropriate legal protection, before as well as after birth",
Recalling the provisions of the Declaration on Social and Legal Principles relating to the
Protection and Welfare of Children, with Special Reference to Foster Placement and
Adoption Nationally and Internationally; the United Nations Standard Minimum Rules for
the Administration of Juvenile Justice (The Beijing Rules); and the Declaration on the
Protection of Women and Children in Emergency and Armed Conflict, Recognizing that,
in all countries in the world, there are children living in exceptionally difficult conditions,
and that such children need special consideration,
Taking due account of the importance of the traditions and cultural values of each
people for the protection and harmonious development of the child, Recognizing the
importance of international co-operation for improving the living conditions of children in
every country, in particular in the developing countries,
Have agreed as follows:
PART I
Article 1
For the purposes of the present Convention, a child means every human being below
the age of eighteen years unless under the law applicable to the child, majority is
attained earlier.
Article 2
1. States Parties shall respect and ensure the rights set forth in the present Convention
to each child within their jurisdiction without discrimination of any kind, irrespective of
the child's or his or her parent's or legal guardian's race, colour, sex, language, religion,
political or other opinion, national, ethnic or social origin, property, disability, birth or
other status.
2. States Parties shall take all appropriate measures to ensure that the child is protected
against all forms of discrimination or punishment on the basis of the status, activities,
expressed opinions, or beliefs of the child's parents, legal guardians, or family
members.
Article 3
1. In all actions concerning children, whether undertaken by public or private social
welfare institutions, courts of law, administrative authorities or legislative bodies, the
best interests of the child shall be a primary consideration.
2. States Parties undertake to ensure the child such protection and care as is necessary
for his or her well-being, taking into account the rights and duties of his or her parents,
legal guardians, or other individuals legally responsible for him or her, and, to this end,
shall take all appropriate legislative and administrative measures.
3. States Parties shall ensure that the institutions, services and facilities responsible for
the care or protection of children shall conform with the standards established by
competent authorities, particularly in the areas of safety, health, in the number and
suitability of their staff, as well as competent supervision.
Article 4
States Parties shall undertake all appropriate legislative, administrative, and other
measures for the implementation of the rights recognized in the present Convention.
With regard to economic, social and cultural rights, States Parties shall undertake such
measures to the maximum extent of their available resources and, where needed, within
the framework of international co-operation.
Article 5
States Parties shall respect the responsibilities, rights and duties of parents or, where
applicable, the members of the extended family or community as provided for by local
custom, legal guardians or other persons legally responsible for the child, to provide, in
a manner consistent with the evolving capacities of the child, appropriate direction and
guidance in the exercise by the child of the rights recognized in the present Convention.
Article 6
1. States Parties recognize that every child has the inherent right to life.
2. States Parties shall ensure to the maximum extent possible the survival and
development of the child.
Article 7
1. The child shall be registered immediately after birth and shall have the right from birth
to a name, the right to acquire a nationality and. as far as possible, the right to know
and be cared for by his or her parents.
2. States Parties shall ensure the implementation of these rights in accordance with
their national law and their obligations under the relevant international instruments in
this field, in particular where the child would otherwise be stateless.
Article 8
1. States Parties undertake to respect the right of the child to preserve his or her
identity, including nationality, name and family relations as recognized by law without
unlawful interference.
2. Where a child is illegally deprived of some or all of the elements of his or her identity,
States Parties shall provide appropriate assistance and protection, with a view to re-
establishing speedily his or her identity.
Article 9
1. States Parties shall ensure that a child shall not be separated from his or her parents
against their will, except when competent authorities subject to judicial review
determine, in accordance with applicable law and procedures, that such separation is
necessary for the best interests of the child. Such determination may be necessary in a
particular case such as one involving abuse or neglect of the child by the parents, or
one where the parents are living separately and a decision must be made as to the
child's place of residence.
2. In any proceedings pursuant to paragraph 1 of the present article, all interested
parties shall be given an opportunity to participate in the proceedings and make their
views known.
3. States Parties shall respect the right of the child who is separated from one or both
parents to maintain personal relations and direct contact with both parents on a regular
basis, except if it is contrary to the child's best interests.
4. Where such separation results from any action initiated by a State Party, such as the
detention, imprisonment, exile, deportation or death (including death arising from any
cause while the person is in the custody of the State) of one or both parents or of the
child, that State Party shall, upon request, provide the parents, the child or, if
appropriate, another member of the family with the essential information concerning the
whereabouts of the absent member(s) of the family unless the provision of the
information would be detrimental to the well-being of the child. States Parties shall
further ensure that the submission of such a request shall of itself entail no adverse
consequences for the person(s) concerned.
Article 10
1. In accordance with the obligation of States Parties under article 9, paragraph 1,
applications by a child or his or her parents to enter or leave a State Party for the
purpose of family reunification shall be dealt with by States Parties in a positive,
humane and expeditious manner. States Parties shall further ensure that the
submission of such a request shall entail no adverse consequences for the applicants
and for the members of their family.
2. A child whose parents reside in different States shall have the right to maintain on a
regular basis, save in exceptional circumstances personal relations and direct contacts
with both parents. Towards that end and in accordance with the obligation of States
Parties under article 9, paragraph 1, States Parties shall respect the right of the child
and his or her parents to leave any country, including their own, and to enter their own
country. The right to leave any country shall be subject only to such restrictions as are
prescribed by law and which are necessary to protect the national security, public order
(ordre public), public health or morals or the rights and freedoms of others and are
consistent with the other rights recognized in the present Convention.
Article 11
1. States Parties shall take measures to combat the illicit transfer and non-return of
children abroad.
2. To this end, States Parties shall promote the conclusion of bilateral or multilateral
agreements or accession to existing agreements.
Article 12
1. States Parties shall assure to the child who is capable of forming his or her own
views the right to express those views freely in all matters affecting the child, the views
of the child being given due weight in accordance with the age and maturity of the child.
2. For this purpose, the child shall in particular be provided the opportunity to be heard
in any judicial and administrative proceedings affecting the child, either directly, or
through a representative or an appropriate body, in a manner consistent with the
procedural rules of national law.
Article 13
1. The child shall have the right to freedom of expression; this right shall include
freedom to seek, receive and impart information and ideas of all kinds, regardless of
frontiers, either orally, in writing or in print, in the form of art, or through any other media
of the child's choice.
2. The exercise of this right may be subject to certain restrictions, but these shall only
be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others; or
(b) For the protection of national security or of public order (ordre public), or of public
health or morals.
Article 14
1. States Parties shall respect the right of the child to freedom of thought, conscience
and religion.
2. States Parties shall respect the rights and duties of the parents and, when applicable,
legal guardians, to provide direction to the child in the exercise of his or her right in a
manner consistent with the evolving capacities of the child.
3. Freedom to manifest one's religion or beliefs may be subject only to such limitations
as are prescribed by law and are necessary to protect public safety, order, health or
morals, or the fundamental rights and freedoms of others.
Article 15
1. States Parties recognize the rights of the child to freedom of association and to
freedom of peaceful assembly.
2. No restrictions may be placed on the exercise of these rights other than those
imposed in conformity with the law and which are necessary in a democratic society in
the interests of national security or public safety, public order (ordre public), the
protection of public health or morals or the protection of the rights and freedoms of
others.
Article 16
1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy,
family, home or correspondence, nor to unlawful attacks on his or her honour and
reputation.
2. The child has the right to the protection of the law against such interference or
attacks.
Article 17
States Parties recognize the important function performed by the mass media and shall
ensure that the child has access to information and material from a diversity of national
and international sources, especially those aimed at the promotion of his or her social,
spiritual and moral well-being and physical and mental health.
To this end, States Parties shall:
(a) Encourage the mass media to disseminate information and material of social and
cultural benefit to the child and in accordance with the spirit of article 29;
(b) Encourage international co-operation in the production, exchange and dissemination
of such information and material from a diversity of cultural, national and international
sources;
(c) Encourage the production and dissemination of children's books;
(d) Encourage the mass media to have particular regard to the linguistic needs of the
child who belongs to a minority group or who is indigenous;
(e) Encourage the development of appropriate guidelines for the protection of the child
from information and material injurious to his or her well-being, bearing in mind the
provisions of articles 13 and 18.
Article 18
1. States Parties shall use their best efforts to ensure recognition of the principle that
both parents have common responsibilities for the upbringing and development of the
child. Parents or, as the case may be, legal guardians, have the primary responsibility
for the upbringing and development of the child. The best interests of the child will be
their basic concern.
2. For the purpose of guaranteeing and promoting the rights set forth in the present
Convention, States Parties shall render appropriate assistance to parents and legal
guardians in the performance of their child-rearing responsibilities and shall ensure the
development of institutions, facilities and services for the care of children.
3. States Parties shall take all appropriate measures to ensure that children of working
parents have the right to benefit from child-care services and facilities for which they are
eligible.
Article 19
1. States Parties shall take all appropriate legislative, administrative, social and
educational measures to protect the child from all forms of physical or mental violence,
injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including
sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who
has the care of the child.
2. Such protective measures should, as appropriate, include effective procedures for the
establishment of social programmes to provide necessary support for the child and for
those who have the care of the child, as well as for other forms of prevention and for
identification, reporting, referral, investigation, treatment and follow-up of instances of
child maltreatment described heretofore, and, as appropriate, for judicial involvement.
Article 20
1. A child temporarily or permanently deprived of his or her family environment, or in
whose own best interests cannot be allowed to remain in that environment, shall be
entitled to special protection and assistance provided by the State.
2. States Parties shall in accordance with their national laws ensure alternative care for
such a child.
3. Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption
or if necessary placement in suitable institutions for the care of children. When
considering solutions, due regard shall be paid to the desirability of continuity in a child's
upbringing and to the child's ethnic, religious, cultural and linguistic background.
Article 21
States Parties that recognize and/or permit the system of adoption shall ensure that the
best interests of the child shall be the paramount consideration and they shall:
(a) Ensure that the adoption of a child is authorized only by competent authorities who
determine, in accordance with applicable law and procedures and on the basis of all
pertinent and reliable information, that the adoption is permissible in view of the child's
status concerning parents, relatives and legal guardians and that, if required, the
persons concerned have given their informed consent to the adoption on the basis of
such counselling as may be necessary;
(b) Recognize that inter-country adoption may be considered as an alternative means of
child's care, if the child cannot be placed in a foster or an adoptive family or cannot in
any suitable manner be cared for in the child's country of origin;
(c) Ensure that the child concerned by inter-country adoption enjoys safeguards and
standards equivalent to those existing in the case of national adoption;
(d) Take all appropriate measures to ensure that, in inter-country adoption, the
placement does not result in improper financial gain for those involved in it;
(e) Promote, where appropriate, the objectives of the present article by concluding
bilateral or multilateral arrangements or agreements, and endeavour, within this
framework, to ensure that the placement of the child in another country is carried out by
competent authorities or organs.
Article 22
1. States Parties shall take appropriate measures to ensure that a child who is seeking
refugee status or who is considered a refugee in accordance with applicable
international or domestic law and procedures shall, whether unaccompanied or
accompanied by his or her parents or by any other person, receive appropriate
protection and humanitarian assistance in the enjoyment of applicable rights set forth in
the present Convention and in other international human rights or humanitarian
instruments to which the said States are Parties.
2. For this purpose, States Parties shall provide, as they consider appropriate, co-
operation in any efforts by the United Nations and other competent intergovernmental
organizations or non-governmental organizations co-operating with the United Nations
to protect and assist such a child and to trace the parents or other members of the
family of any refugee child in order to obtain information necessary for reunification with
his or her family. In cases where no parents or other members of the family can be
found, the child shall be accorded the same protection as any other child permanently
or temporarily deprived of his or her family environment for any reason , as set forth in
the present Convention.
Article 23
1. States Parties recognize that a mentally or physically disabled child should enjoy a
full and decent life, in conditions which ensure dignity, promote self-reliance and
facilitate the child's active participation in the community.
2. States Parties recognize the right of the disabled child to special care and shall
encourage and ensure the extension, subject to available resources, to the eligible child
and those responsible for his or her care, of assistance for which application is made
and which is appropriate to the child's condition and to the circumstances of the parents
or others caring for the child.
3. Recognizing the special needs of a disabled child, assistance extended in
accordance with paragraph 2 of the present article shall be provided free of charge,
whenever possible, taking into account the financial resources of the parents or others
caring for the child, and shall be designed to ensure that the disabled child has effective
access to and receives education, training, health care services, rehabilitation services,
preparation for employment and recreation opportunities in a manner conducive to the
child's achieving the fullest possible social integration and individual development,
including his or her cultural and spiritual development
4. States Parties shall promote, in the spirit of international cooperation, the exchange
of appropriate information in the field of preventive health care and of medical,
psychological and functional treatment of disabled children, including dissemination of
and access to information concerning methods of rehabilitation, education and
vocational services, with the aim of enabling States Parties to improve their capabilities
and skills and to widen their experience in these areas. In this regard, particular account
shall be taken of the needs of developing countries.
Article 24
1. States Parties recognize the right of the child to the enjoyment of the highest
attainable standard of health and to facilities for the treatment of illness and
rehabilitation of health. States Parties shall strive to ensure that no child is deprived of
his or her right of access to such health care services.
2. States Parties shall pursue full implementation of this right and, in particular, shall
take appropriate measures:
(a) To diminish infant and child mortality;
(b) To ensure the provision of necessary medical assistance and health care to all
children with emphasis on the development of primary health care;
(c) To combat disease and malnutrition, including within the framework of primary health
care, through, inter alia, the application of readily available technology and through the
provision of adequate nutritious foods and clean drinking-water, taking into
consideration the dangers and risks of environmental pollution;
(d) To ensure appropriate pre-natal and post-natal health care for mothers;
(e) To ensure that all segments of society, in particular parents and children, are
informed, have access to education and are supported in the use of basic knowledge of
child health and nutrition, the advantages of breastfeeding, hygiene and environmental
sanitation and the prevention of accidents;
(f) To develop preventive health care, guidance for parents and family planning
education and services.
3. States Parties shall take all effective and appropriate measures with a view to
abolishing traditional practices prejudicial to the health of children.
4. States Parties undertake to promote and encourage international co-operation with a
view to achieving progressively the full realization of the right recognized in the present
article. In this regard, particular account shall be taken of the needs of developing
countries.
Article 25
States Parties recognize the right of a child who has been placed by the competent
authorities for the purposes of care, protection or treatment of his or her physical or
mental health, to a periodic review of the treatment provided to the child and all other
circumstances relevant to his or her placement.
Article 26
1. States Parties shall recognize for every child the right to benefit from social security,
including social insurance, and shall take the necessary measures to achieve the full
realization of this right in accordance with their national law.
2. The benefits should, where appropriate, be granted, taking into account the
resources and the circumstances of the child and persons having responsibility for the
maintenance of the child, as well as any other consideration relevant to an application
for benefits made by or on behalf of the child.
Article 27
1. States Parties recognize the right of every child to a standard of living adequate for
the child's physical, mental, spiritual, moral and social development.
2. The parent(s) or others responsible for the child have the primary responsibility to
secure, within their abilities and financial capacities, the conditions of living necessary
for the child's development.
3. States Parties, in accordance with national conditions and within their means, shall
take appropriate measures to assist parents and others responsible for the child to
implement this right and shall in case of need provide material assistance and support
programmes, particularly with regard to nutrition, clothing and housing.
4. States Parties shall take all appropriate measures to secure the recovery of
maintenance for the child from the parents or other persons having financial
responsibility for the child, both within the State Party and from abroad. In particular,
where the person having financial responsibility for the child lives in a State different
from that of the child, States Parties shall promote the accession to international
agreements or the conclusion of such agreements, as well as the making of other
appropriate arrangements.
Article 28
1. States Parties recognize the right of the child to education, and with a view to
achieving this right progressively and on the basis of equal opportunity, they shall, in
particular:
(a) Make primary education compulsory and available free to all;
(b) Encourage the development of different forms of secondary education, including
general and vocational education, make them available and accessible to every child,
and take appropriate measures such as the introduction of free education and offering
financial assistance in case of need;
(c) Make higher education accessible to all on the basis of capacity by every
appropriate means;
(d) Make educational and vocational information and guidance available and accessible
to all children;
(e) Take measures to encourage regular attendance at schools and the reduction of
drop-out rates.
2. States Parties shall take all appropriate measures to ensure that school discipline is
administered in a manner consistent with the child's human dignity and in conformity
with the present Convention.
3. States Parties shall promote and encourage international cooperation in matters
relating to education, in particular with a view to contributing to the elimination of
ignorance and illiteracy throughout the world and facilitating access to scientific and
technical knowledge and modern teaching methods. In this regard, particular account
shall be taken of the needs of developing countries.
Article 29
1. States Parties agree that the education of the child shall be directed to:
(a) The development of the child's personality, talents and mental and physical abilities
to their fullest potential;
(b) The development of respect for human rights and fundamental freedoms, and for the
principles enshrined in the Charter of the United Nations;
(c) The development of respect for the child's parents, his or her own cultural identity,
language and values, for the national values of the country in which the child is living,
the country from which he or she may originate, and for civilizations different from his or
her own;
(d) The preparation of the child for responsible life in a free society, in the spirit of
understanding, peace, tolerance, equality of sexes, and friendship among all peoples,
ethnic, national and religious groups and persons of indigenous origin;
(e) The development of respect for the natural environment.
2. No part of the present article or article 28 shall be construed so as to interfere with
the liberty of individuals and bodies to establish and direct educational institutions,
subject always to the observance of the principle set forth in paragraph 1 of the present
article and to the requirements that the education given in such institutions shall
conform to such minimum standards as may be laid down by the State.
Article 30
In those States in which ethnic, religious or linguistic minorities or persons of indigenous
origin exist, a child belonging to such a minority or who is indigenous shall not be
denied the right, in community with other members of his or her group, to enjoy his or
her own culture, to profess and practise his or her own religion, or to use his or her own
language.
Article 31
1. States Parties recognize the right of the child to rest and leisure, to engage in play
and recreational activities appropriate to the age of the child and to participate freely in
cultural life and the arts.
2. States Parties shall respect and promote the right of the child to participate fully in
cultural and artistic life and shall encourage the provision of appropriate and equal
opportunities for cultural, artistic, recreational and leisure activity.
Article 32
1. States Parties recognize the right of the child to be protected from economic
exploitation and from performing any work that is likely to be hazardous or to interfere
with the child's education, or to be harmful to the child's health or physical, mental,
spiritual, moral or social development.
2. States Parties shall take legislative, administrative, social and educational measures
to ensure the implementation of the present article. To this end, and having regard to
the relevant provisions of other international instruments, States Parties shall in
particular:
(a) Provide for a minimum age or minimum ages for admission to employment;
(b) Provide for appropriate regulation of the hours and conditions of employment;
(c) Provide for appropriate penalties or other sanctions to ensure the effective
enforcement of the present article.
Article 33
States Parties shall take all appropriate measures, including legislative, administrative,
social and educational measures, to protect children from the illicit use of narcotic drugs
and psychotropic substances as defined in the relevant international treaties, and to
prevent the use of children in the illicit production and trafficking of such substances.
Article 34
States Parties undertake to protect the child from all forms of sexual exploitation and
sexual abuse. For these purposes, States Parties shall in particular take all appropriate
national, bilateral and multilateral measures to prevent:
(a) The inducement or coercion of a child to engage in any unlawful sexual activity;
(b) The exploitative use of children in prostitution or other unlawful sexual practices;
(c) The exploitative use of children in pornographic performances and materials.
Article 35
States Parties shall take all appropriate national, bilateral and multilateral measures to
prevent the abduction of, the sale of or traffic in children for any purpose or in any form.
Article 36
States Parties shall protect the child against all other forms of exploitation prejudicial to
any aspects of the child's welfare.
Article 37
States Parties shall ensure that:
(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment
or punishment. Neither capital punishment nor life imprisonment without possibility of
release shall be imposed for offences committed by persons below eighteen years of
age;
(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest,
detention or imprisonment of a child shall be in conformity with the law and shall be
used only as a measure of last resort and for the shortest appropriate period of time;
(c) Every child deprived of liberty shall be treated with humanity and respect for the
inherent dignity of the human person, and in a manner which takes into account the
needs of persons of his or her age. In particular, every child deprived of liberty shall be
separated from adults unless it is considered in the child's best interest not to do so and
shall have the right to maintain contact with his or her family through correspondence
and visits, save in exceptional circumstances;
(d) Every child deprived of his or her liberty shall have the right to prompt access to
legal and other appropriate assistance, as well as the right to challenge the legality of
the deprivation of his or her liberty before a court or other competent, independent and
impartial authority, and to a prompt decision on any such action.
Article 38
1. States Parties undertake to respect and to ensure respect for rules of international
humanitarian law applicable to them in armed conflicts which are relevant to the child.
2. States Parties shall take all feasible measures to ensure that persons who have not
attained the age of fifteen years do not take a direct part in hostilities.
3. States Parties shall refrain from recruiting any person who has not attained the age of
fifteen years into their armed forces. In recruiting among those persons who have
attained the age of fifteen years but who have not attained the age of eighteen years,
States Parties shall endeavour to give priority to those who are oldest.
4. In accordance with their obligations under international humanitarian law to protect
the civilian population in armed conflicts, States Parties shall take all feasible measures
to ensure protection and care of children who are affected by an armed conflict.
Article 39
States Parties shall take all appropriate measures to promote physical and
psychological recovery and social reintegration of a child victim of: any form of neglect,
exploitation, or abuse; torture or any other form of cruel, inhuman or degrading
treatment or punishment; or armed conflicts. Such recovery and reintegration shall take
place in an environment which fosters the health, self-respect and dignity of the child.
Article 40
1. States Parties recognize the right of every child alleged as, accused of, or recognized
as having infringed the penal law to be treated in a manner consistent with the
promotion of the child's sense of dignity and worth, which reinforces the child's respect
for the human rights and fundamental freedoms of others and which takes into account
the child's age and the desirability of promoting the child's reintegration and the child's
assuming a constructive role in society.
2. To this end, and having regard to the relevant provisions of international instruments,
States Parties shall, in particular, ensure that:
(a) No child shall be alleged as, be accused of, or recognized as having infringed the
penal law by reason of acts or omissions that were not prohibited by national or
international law at the time they were committed;
(b) Every child alleged as or accused of having infringed the penal law has at least the
following guarantees:
(i) To be presumed innocent until proven guilty according to law;
(ii) To be informed promptly and directly of the charges against him or her, and, if
appropriate, through his or her parents or legal guardians, and to have legal or other
appropriate assistance in the preparation and presentation of his or her defence;
(iii) To have the matter determined without delay by a competent, independent and
impartial authority or judicial body in a fair hearing according to law, in the presence of
legal or other appropriate assistance and, unless it is considered not to be in the best
interest of the child, in particular, taking into account his or her age or situation, his or
her parents or legal guardians;
(iv) Not to be compelled to give testimony or to confess guilt; to examine or have
examined adverse witnesses and to obtain the participation and examination of
witnesses on his or her behalf under conditions of equality;
(v) If considered to have infringed the penal law, to have this decision and any
measures imposed in consequence thereof reviewed by a higher competent,
independent and impartial authority or judicial body according to law;
(vi) To have the free assistance of an interpreter if the child cannot understand or speak
the language used;
(vii) To have his or her privacy fully respected at all stages of the proceedings.
3. States Parties shall seek to promote the establishment of laws, procedures,
authorities and institutions specifically applicable to children alleged as, accused of, or
recognized as having infringed the penal law, and, in particular:
(a) The establishment of a minimum age below which children shall be presumed not to
have the capacity to infringe the penal law;
(b) Whenever appropriate and desirable, measures for dealing with such children
without resorting to judicial proceedings, providing that human rights and legal
safeguards are fully respected. 4. A variety of dispositions, such as care, guidance and
supervision orders; counselling; probation; foster care; education and vocational training
programmes and other alternatives to institutional care shall be available to ensure that
children are dealt with in a manner appropriate to their well-being and proportionate
both to their circumstances and the offence.
Article 41
Nothing in the present Convention shall affect any provisions which are more conducive
to the realization of the rights of the child and which may be contained in:
(a) The law of a State party; or
(b) International law in force for that State.
PART II
Article 42
States Parties undertake to make the principles and provisions of the Convention widely
known, by appropriate and active means, to adults and children alike.
Article 43
1. For the purpose of examining the progress made by States Parties in achieving the
realization of the obligations undertaken in the present Convention, there shall be
established a Committee on the Rights of the Child, which shall carry out the functions
hereinafter provided.
2. The Committee shall consist of eighteen experts of high moral standing and
recognized competence in the field covered by this Convention.1/ The members of the
Committee shall be elected by States Parties from among their nationals and shall
serve in their personal capacity, consideration being given to equitable geographical
distribution, as well as to the principal legal systems.
3. The members of the Committee shall be elected by secret ballot from a list of persons
nominated by States Parties. Each State Party may nominate one person from among
its own nationals.
4. The initial election to the Committee shall be held no later than six months after the
date of the entry into force of the present Convention and thereafter every second year.
At least four months before the date of each election, the Secretary-General of the
United Nations shall address a letter to States Parties inviting them to submit their
nominations within two months. The Secretary-General shall subsequently prepare a list
in alphabetical order of all persons thus nominated, indicating States Parties which have
nominated them, and shall submit it to the States Parties to the present Convention.
5. The elections shall be held at meetings of States Parties convened by the Secretary-
General at United Nations Headquarters. At those meetings, for which two thirds of
States Parties shall constitute a quorum, the persons elected to the Committee shall be
those who obtain the largest number of votes and an absolute majority of the votes of
the representatives of States Parties present and voting.
6. The members of the Committee shall be elected for a term of four years. They shall
be eligible for re-election if renominated. The term of five of the members elected at the
first election shall expire at the end of two years; immediately after the first election, the
names of these five members shall be chosen by lot by the Chairman of the meeting.
7. If a member of the Committee dies or resigns or declares that for any other cause he
or she can no longer perform the duties of the Committee, the State Party which
nominated the member shall appoint another expert from among its nationals to serve
for the remainder of the term, subject to the approval of the Committee.
8. The Committee shall establish its own rules of procedure.
9. The Committee shall elect its officers for a period of two years.
10. The meetings of the Committee shall normally be held at United Nations
Headquarters or at any other convenient place as determined by the Committee. The
Committee shall normally meet annually. The duration of the meetings of the Committee
shall be determined, and reviewed, if necessary, by a meeting of the States Parties to
the present Convention, subject to the approval of the General Assembly.
11. The Secretary-General of the United Nations shall provide the necessary staff and
facilities for the effective performance of the functions of the Committee under the
present Convention.
12. With the approval of the General Assembly, the members of the Committee
established under the present Convention shall receive emoluments from United
Nations resources on such terms and conditions as the Assembly may decide.
Article 44
1. States Parties undertake to submit to the Committee, through the Secretary-General
of the United Nations, reports on the measures they have adopted which give effect to
the rights recognized herein and on the progress made on the enjoyment of those rights
(a) Within two years of the entry into force of the Convention for the State Party
concerned;
(b) Thereafter every five years.
2. Reports made under the present article shall indicate factors and difficulties, if any,
affecting the degree of fulfilment of the obligations under the present Convention.
Reports shall also contain sufficient information to provide the Committee with a
comprehensive understanding of the implementation of the Convention in the country
concerned.
3. A State Party which has submitted a comprehensive initial report to the Committee
need not, in its subsequent reports submitted in accordance with paragraph 1 (b) of the
present article, repeat basic information previously provided.
4. The Committee may request from States Parties further information relevant to the
implementation of the Convention.
5. The Committee shall submit to the General Assembly, through the Economic and
Social Council, every two years, reports on its activities.
6. States Parties shall make their reports widely available to the public in their own
countries.
Article 45
In order to foster the effective implementation of the Convention and to encourage
international co-operation in the field covered by the Convention:
(a) The specialized agencies, the United Nations Children's Fund, and other United
Nations organs shall be entitled to be represented at the consideration of the
implementation of such provisions of the present Convention as fall within the scope of
their mandate. The Committee may invite the specialized agencies, the United Nations
Children's Fund and other competent bodies as it may consider appropriate to provide
expert advice on the implementation of the Convention in areas falling within the scope
of their respective mandates. The Committee may invite the specialized agencies, the
United Nations Children's Fund, and other United Nations organs to submit reports on
the implementation of the Convention in areas falling within the scope of their activities;
(b) The Committee shall transmit, as it may consider appropriate, to the specialized
agencies, the United Nations Children's Fund and other competent bodies, any reports
from States Parties that contain a request, or indicate a need, for technical advice or
assistance, along with the Committee's observations and suggestions, if any, on these
requests or indications;
(c) The Committee may recommend to the General Assembly to request the Secretary-
General to undertake on its behalf studies on specific issues relating to the rights of the
child;
(d) The Committee may make suggestions and general recommendations based on
information received pursuant to articles 44 and 45 of the present Convention. Such
suggestions and general recommendations shall be transmitted to any State Party
concerned and reported to the General Assembly, together with comments, if any, from
States Parties.
PART III
Article 46
The present Convention shall be open for signature by all States.
Article 47
The present Convention is subject to ratification. Instruments of ratification shall be
deposited with the Secretary-General of the United Nations.
Article 48
The present Convention shall remain open for accession by any State. The instruments
of accession shall be deposited with the Secretary-General of the United Nations.
Article 49
1. The present Convention shall enter into force on the thirtieth day following the date of
deposit with the Secretary-General of the United Nations of the twentieth instrument of
ratification or accession.
2. For each State ratifying or acceding to the Convention after the deposit of the
twentieth instrument of ratification or accession, the Convention shall enter into force on
the thirtieth day after the deposit by such State of its instrument of ratification or
accession.
Article 50
1. Any State Party may propose an amendment and file it with the Secretary-General of
the United Nations. The Secretary-General shall thereupon communicate the proposed
amendment to States Parties, with a request that they indicate whether they favour a
conference of States Parties for the purpose of considering and voting upon the
proposals. In the event that, within four months from the date of such communication, at
least one third of the States Parties favour such a conference, the Secretary-General
shall convene the conference under the auspices of the United Nations. Any
amendment adopted by a majority of States Parties present and voting at the
conference shall be submitted to the General Assembly for approval.
2. An amendment adopted in accordance with paragraph 1 of the present article shall
enter into force when it has been approved by the General Assembly of the United
Nations and accepted by a two-thirds majority of States Parties.
3. When an amendment enters into force, it shall be binding on those States Parties
which have accepted it, other States Parties still being bound by the provisions of the
present Convention and any earlier amendments which they have accepted.
Article 51
1. The Secretary-General of the United Nations shall receive and circulate to all States
the text of reservations made by States at the time of ratification or accession.
2. A reservation incompatible with the object and purpose of the present Convention
shall not be permitted.
3. Reservations may be withdrawn at any time by notification to that effect addressed to
the Secretary-General of the United Nations, who shall then inform all States. Such
notification shall take effect on the date on which it is received by the Secretary-General
Article 52
A State Party may denounce the present Convention by written notification to the
Secretary-General of the United Nations. Denunciation becomes effective one year after
the date of receipt of the notification by the Secretary-General.
Article 53
The Secretary-General of the United Nations is designated as the depositary of the
present Convention.
Article 54
The original of the present Convention, of which the Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-
General of the United Nations. In witness thereof the undersigned plenipotentiaries,
being duly authorized thereto by their respective Governments, have signed the present
Convention.
he UNESCO Salamanca Statement
This report from the UN’s education agency calls on the international community to
endorse the approach of inclusive schools by implementing practical and strategic
changes.
In June 1994 representatives of 92 governments and 25 international organisations

formed the World Conference on Special Needs Education, held in Salamanca, Spain.
They agreed a dynamic new Statement on the education of all disabled children, which
called for inclusion to be the norm. In addition, the Conference adopted a
new Framework for Action, the guiding principle of which is that ordinary schools
should accommodate all children, regardless of their physical, intellectual, social,
emotional, linguistic or other conditions. All educational policies, says the Framework,
should stipulate that disabled children attend the neighbourhood school 'that would be
attended if the child did not have a disability.'
Education for all
The Statement begins with a commitment to Education for All, recognising the necessity
and urgency of providing education for all children, young people and adults 'within the
regular education system.' It says those children with special educational needs 'must
have access to regular schools' and adds:
Regular schools with this inclusive orientation are the most effective means of
combating discriminatory attitudes, creating welcoming communities, building an
inclusive society and achieving education for all; moreover, they provide an effective
education to the majority of children and improve the efficiency and ultimately the cost-e
ffectiveness of the entire education system.
Call to governments
The World Conference went on to call upon all governments to:
 give the 'highest policy and budgetary priority' to improve education services so
that all children could be included, regardless of differences or difficulties.
 'adopt as a matter of law or policy the principle of inclusive education' and enrol
all children in ordinary schools unless there were compelling reasons for doing
otherwise.
 develop demonstration projects and encourage exchanges with countries with
inclusive schools.
 ensure that organisations of disabled people, along with parents and community
bodies, are involved in planning decision-making.
 put greater effort into pre-school strategies as well as vocational aspects of
inclusive education.
 ensure that both initial and in-service teacher training address the provision of
inclusive education.
Inclusive schooling
The Statement also calls on the international community to endorse the approach of
inclusive schooling and to support the development of special needs education as an
integral part of all education programmes. In particular it calls on UNESCO, UNICEF,
UNDP and the World Bank for this endorsement.
It asks for the United Nations and its specialised agencies to 'strengthen their inputs for
technical co-operation' and improve their networking for more efficient support to
integrated special needs provision. Non-governmental organisations are asked to
strengthen their collaboration with official national bodies and become more involved in
all aspects of inclusive education.
As the UN agency for education, UNESCO is asked to:
 ensure that special needs education forms part of every discussion dealing with
education for all.
 enhance teacher education in this field by getting support from teacher unions
and associations.
 stimulate the academic community to do more research into inclusive education
and disseminate the findings and the reports.
 use its funds over the five-year period, 1996--2001, to create an expanded
programme for inclusive schools and community support projects, thus enabling
the launch of pilot projects.
Equalisation of opportunity
The Framework for Action says 'inclusion and participation are essential to human
dignity and to the enjoyment and exercise of human rights.' In the field of education this
is reflected in bringing about a 'genuine equalisation of opportunity.' Special needs
education incorporates proven methods of teaching from which all children can benefit;
it assumes human differences are normal and that learning must be adapted to the
needs of the child, rather than the child fitted to the process. The fundamental principle
of the inclusive school, it adds, is that all children should learn together, where possible,
and that ordinary schools must recognise and respond to the diverse needs of their
students, while also having a continuum of support and services to match these needs.
Inclusive schools are the 'most effective' at building solidarity between children with
special needs and their peers. Countries with few or no special schools should establish
inclusive – not special – schools.
August 11, 2001
[Basahin sa Filipino]

THIRD REGULAR SESSION
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

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
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
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
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
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
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.
BATAS PAMBANSA BLG. 232 (THE EDUCATION ACT OF 1982)
This was an act providing for the establishment and maintenance of an integrated
system of education. In accordance with Section 2, this act shall apply to and govern
both formal and non- formal system in public and private schools in all levels of the
entire educational system.
As provided by this Act, the national development goals are as follows:
1. To achieve and maintain an accelerating rate of economic development and
social progress.
2. To assure 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 changing
world.
It is also stated in Section 3 that:
The State shall promote the right of every individual to relevant quality education,
regardless of sex, age, creed socioeconomic 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 benefits of education by all its
citizens.
RIGHTS OF STUDENTS IN SCHOOL (Section 9)
1. The right to receive competent instruction, relevant quality education.

2. The right to freely choose their field of study subject to the existing curricula and
continue their course up to graduation, except in cases of academic deficiency or
violations of disciplinary regulations.
3. The right to school guidance and counseling services.
4. The right to access to his owns school records and the confidentiality of it.
5. The right to issuance of official certificates, diplomas, transcript of records,
grades, transfer credentials and similar document within thirty days from request.
6. The right to publish a student newspaper and invite resource persons during
symposia, assemblies and other activities.
7. The right to free expression of opinions and suggestions and to effective
channels of communication with appropriate academic and administrative bodies
of the school or institutions.
8. The right to form or establish, join and participate in organizations and societies
recognized by the school…, or to form, 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
organizations and societies.
RIGHT OF ALL SCHOOL PERSONNEL (Section 10)
1. Free expression of opinions and suggestions.

2. To be provided with free legal service by the appropriate government office in
case of public school personnel and the school authorities concerned in case of
private school personnel, when charged in administrative, civil and/or criminal
proceedings, by parties other than the school authorities concerned, for actions
committed directly in the lawful discharged of professional duties and/or in
defense of school policies.
3. Establish join, maintain labor organization of their choice to promote their welfare
and defend their interest.
4. To be free from involuntary contributions except those imposed by their own
organizations.
SPECIAL RIGHTS and/or PRIVILEGES OF TEACHING OR ACADEMIC STAFF
(Section 11)
1. Right to be free compulsory assignment not related to their duties defined in their
appointment or employment contracts unless compensated thereof. (additional
compensation Sec. 14 R.A. 4670- at least 25% his regular remuneration)
2. Right to intellectual property………
3. Teachers are persons in authority when in lawful discharge of duties and
responsibilities… shall therefore be accorded due respect and protection
(Commonwealth Act No. 578)
4. Teachers shall be given opportunity to choose career alternatives for
advancements.
RIGHTS OF ADMINISTRATORS (Section 12)
1. School administrators shall be deemed persons in authority while in the lawful

discharge of their duties and responsibilities…. Shall be accorded due respect
and protection (Commonwealth Act No. 578)
RIGHTS OF SCHOOLS (Section 13)
1. The right of their governing boards…….to adopt and enforce administrative or

management systems.
2. The right of institutions of higher learning to determine on academic grounds who
shall be admitted to study, who may teach, and who shall be the subjects of the
study and research.
MAINTENANCE OF QUALITY EDUCATION
1. Voluntary Accreditation (Section 29)

2. Teachers and Administrators obligations and qualification (Sections 176 and 17)
3. Government Financial Assistance to Private Schools (Section 41)
Presidential Decree No. 603: The Child and Youth Welfare Code
TITLE I. GENERAL PRINCIPLES

Article 1. Declaration of Policy. – The Child is one of the most important assets of the
nation. Every effort should be exerted to promote his welfare and enhance his
opportunities for a useful and happy life.
The child is not a mere creature of the State. Hence, his individual traits and aptitudes
should be cultivated to the utmost insofar as they do not conflict with the general
welfare.
The molding of the character of the child start at the home. Consequently, every
member of the family should strive to make the home a wholesome and harmonious
place as its atmosphere and conditions will greatly influence the child’s development.
Attachment to the home and strong family ties should be encouraged but not to the
extent of making the home isolated and exclusive and unconcerned with the interests of
the community and the country.
The natural right and duty of parents in the rearing of the child for civic efficiency should
receive the aid and support of the government.
Other institutions, like the school, the church, the guild, and the community in general,
should assist the home and the State in the endeavor to prepare the child for the
responsibilities of adulthood.
Art. 2. Title and Scope of Code. – The Code shall be known as the “Child and Youth
Welfare Code”. It shall apply to persons below twenty-one years of age except those
emancipated in accordance with law. “Child” or “minor” or “youth” as used in this Code,
shall refer to such persons.
Art. 3. Rights of the Child. – All children shall be entitled to the rights herein set forth
without distinction as to legitimacy or illegitimacy, sex, social status, religion, political
antecedents, and other factors.
(1) Every child is endowed with the dignity and worth of a human being from the
moment of his conception, as generally accepted in medical parlance, and has,
therefore, the right to be born well.
(2) Every child has the right to a wholesome family life that will provide him with
love, care and understanding, guidance and counseling, and moral and material
security.
The dependent or abandoned child shall be provided with the nearest substitute for
a home.
(3) Every child has the right to a well-rounded development of his personality to the
end that he may become a happy, useful and active member of society.
The gifted child shall be given opportunity and encouragement to develop his
special talents.
The emotionally disturbed or socially maladjusted child shall be treated with
sympathy and understanding, and shall be entitled to treatment and competent care.
The physically or mentally handicapped child shall be given the treatment, education
and care required by his particular condition.
(4) Every child has the right to a balanced diet, adequate clothing, sufficient shelter,
proper medical attention, and all the basic physical requirements of a healthy and
vigorous life.
(5) Every child has the right to be brought up in an atmosphere of morality and
rectitude for the enrichment and the strengthening of his character.
(6) Every child has the right to an education commensurate with his abilities and to
the development of his skills for the improvement of his capacity for service to himself
and to his fellowmen.
(7) Every child has the right to full opportunities for safe and wholesome recreation
and activities, individual as well as social, for the wholesome use of his leisure hours.
(8) Every child has the right to protection against exploitation, improper influences,
hazards, and other conditions or circumstances prejudicial to his physical, mental,
emotional, social and moral development.
(9) Every child has the right to live in a community and a society that can offer him
an environment free from pernicious influences and conducive to the promotion of his
health and the cultivation of his desirable traits and attributes.
(10) Every child has the right to the care, assistance, and protection of the State,
particularly when his parents or guardians fail or are unable to provide him with his
fundamental needs for growth, development, and improvement.
(11) Every child has the right to an efficient and honest government that will deepen
his faith in democracy and inspire him with the morality of the constituted authorities
both in their public and private lives.
(12) Every child has the right to grow up as a free individual, in an atmosphere of
peace, understanding, tolerance, and universal brotherhood, and with the determination
to contribute his share in the building of a better world.
Art. 4. Responsibilities of the Child. – Every child, regardless of the circumstances of

his birth, sex, religion, social status, political antecedents and other factors shall:
(1) Strive to lead an upright and virtuous life in accordance with the tenets of his
religion, the teachings of his elders and mentors, and the biddings of a clean
conscience;
(2) Love, respect and obey his parents, and cooperate with them in the
strengthening of the family;
(3) Extend to his brothers and sisters his love, thoughtfulness, and helpfulness, and
endeavor with them to keep the family harmonious and united;
(4) Exert his utmost to develop his potentialities for service, particularly by
undergoing a formal education suited to his abilities, in order that he may become an
asset to himself and to society;
(5) Respect not only his elders but also the customs and traditions of our people, the
memory of our heroes, the duly constituted authorities, the laws of our country, and the
principles and institutions of democracy;
(6) Participate actively in civic affairs and in the promotion of the general welfare,
always bearing in mind that it is the youth who will eventually be called upon to
discharge the responsibility of leadership in shaping the nation’s future; and
(7) Help in the observance of individual human rights, the strengthening of freedom
everywhere, the fostering of cooperation among nations in the pursuit of their common
aspirations for programs and prosperity, and the furtherance of world peace.
Art. 5. Commencement of Civil Personality. – The civil personality of the child shall
commence from the time of his conception, for all purposes favorable to him, subject to
the requirements of Article 41 of the Civil Code.
Art. 6. Abortion. – The abortion of a conceived child, whether such act be intentional or
not, shall be governed by the pertinent provisions of the Revised Penal Code.
Art. 7. Non-disclosure of Birth Records. – The records of a person’s birth shall be

kept strictly confidential and no information relating thereto shall be issued except on
the request of any of the following:
(1) The person himself, or any person authorized by him;
(2) His spouse, his parent or parents, his direct descendants, or the guardian or
institution legally in-charge of him if he is a minor;
(3) The court or proper public official whenever absolutely necessary in
administrative, judicial or other official proceedings to determine the identity of the
child’s parents or other circumstances surrounding his birth; and
(4) In case of the person’s death, the nearest of kin.
Any person violating the prohibition shall suffer the penalty of imprisonment of at least
two months or a fine in an amount not exceeding five hundred pesos, or both, in the
discretion of the court.
Art. 8. Child’s Welfare Paramount. – In all questions regarding the care, custody,
education and property of the child, his welfare shall be the paramount consideration.
Art. 9. Levels of Growth. – The child shall be given adequate care, assistance and
guidance through his various levels of growth, from infancy to early and later childhood,
to puberty and adolescence, and when necessary even after he shall have attained age
21.
Art. 10. Phases of Development. – The child shall enjoy special protection and shall
be given opportunities and facilities, by law and by other means, to ensure and enable
his fullest development physically, mentally, emotionally, morally, spiritually and socially
in a healthy and normal manner and in conditions of freedom and dignity appropriate to
the corresponding developmental stage.
Art. 11. Promotion of Health. – The promotion of the Child’s health shall begin with
adequate pre-natal and post-natal care both for him and his mother. All appropriate
measures shall be taken to insure his normal total development.
It shall be the responsibility of the health, welfare, and educational entities to assist the
parents in looking after the health of the child.
Art. 12. Education. – The schools and other entities engaged in non-formal education
shall assist the parents in providing the best education for the child.
Art. 13. Social and Emotional Growth. – Steps shall be taken to insure the child’s
healthy social and emotional growth. These shall be undertaken by the home in
collaboration with the schools and other agencies engaged in the promotion of child
welfare.
Art. 14. Morality. – High moral principles should be instilled in the child, particularly in
the home, the school, and the church to which he belongs.
Art. 15. Spiritual Values. – The promotion of the child’s spiritual well-being according
to the precepts of his religion should, as much as possible, be encouraged by the State.
Art. 16. Civic Conscience. – The civic conscience of the child shall not be overlooked.
He shall be brought up in an atmosphere of universal understanding, tolerance,
friendship, and helpfulness and in full consciousness of his responsibilities as a member
of society.
TITLE II
CHILD AND YOUTH WELFARE AND THE HOME
Chapter 1
PARENTAL AUTHORITY
Section A. In General
Art. 17.Joint Parental Authority. – The father and mother shall exercise jointly just and
reasonable parental authority and responsibility over their legitimate or adopted
children. In case of disagreement, the father’s decision shall prevail unless there is a
judicial order to the contrary.
In case of the absence or death of either parent, the present or surviving parent shall
continue to exercise parental authority over such children, unless in case of the
surviving parent’s remarriage, the court, for justifiable reasons, appoints another person
as guardian.
In case of separation of his parents, no child under five years of age shall be separated
from his mother unless the court finds compelling reasons to do so.
Art. 18. Grandparents. – Grandparents shall be consulted on important family

questions but they shall not interfere in the exercise of parental authority by the parents.
Art. 19. Absence or Death of Parents. – Grandparents and in their default, the oldest
brother or sister who is at least eighteen years of age, or the relative who has actual
custody of the child, shall exercise parental authority in case of absence or death of
both parents, unless a guardian has been appointed in accordance with the succeeding
provision.
Art. 20. Guardian. – The court may, upon the death of the parents and in the cases
mentioned in Arts. 328 to 332 of the Civil Code, appoint a guardian for the person and
property of the child, on petition of any relative or friend of the family or the Department
of Social Welfare.
Art. 21. Dependent, Abandoned or Neglected Child. – The dependent, abandoned or

neglected child shall be under the parental authority of a suitable or accredited person
or institution that is caring for him as provided for under the four preceding articles, after
the child has been declared abandoned by either the court or the Department of Social
Welfare.
Art. 22. Transfer to the Department of Social Welfare. – The dependent, abandoned
or neglected child may be transferred to the care of the Department of Social Welfare or
a duly licensed child-caring institution or individual in accordance with Articles 142 and
154 of this Code, or upon the request of the person or institution exercising parental
authority over him.
From the time of such transfer, the Department of Social Welfare or the duly licensed
child-caring institution or individual shall be considered the guardian of the child for all
intents and purposes.
Art. 23. Case Study. – It shall be the duty of the Department of Social Welfare to make
a case study of every child who is the subject of guardianship or custody proceedings
and to submit its report and recommendations on the matter to the court for its
guidance.
Art. 24. Intervention of Department of Social Welfare. – The Department of Social

Welfare shall intervene on behalf of the child if it finds, after its case study, that the
petition for guardianship or custody should be denied.
Art. 25. Hearings Confidential. – The hearing on guardianship and custody
proceedings may, at the discretion of the court, be closed to the public and the records
thereof shall not be released without its approval.
Art. 26. Repealing Clause. – All provisions of the Civil Code on parental authority
which are not inconsistent with the provisions of this Chapter shall remain in force:
Provided, That Articles 334 up to 348 inclusive on Adoption, are hereby expressly
repealed and replaced by Section B of this Chapter.
Section. B. Adoption
Art. 27. Who May Adopt – Any person of age and in full possession of his civil rights
may adopt: Provided, That he is in a position to support and care for his legitimate,
legitimated, acknowledged natural children, or natural children by legal fiction, or other
illegitimate children, in keeping with the means, both material and otherwise, of the
family.
In all cases of adoption the adopter must be at least fifteen years older than the person
to be adopted.
Art. 28. Who May Not Adopt – The following persons may not adopt:
(1) A married person without the written consent of the spouse;
(2) The guardian with respect to the ward prior to final approval of his accounts;
(3) Any person who has been convicted of a crime involving moral turpitude;
(4) An alien who is disqualified to adopt according to the laws of his own country or
one with whose government the Republic of the Philippines has broken diplomatic
relations.
Art. 29. Adoption by Husband and Wife. – Husband and Wife may jointly adopt. In
such case, parental authority shall be exercised as if the child were their own by nature.
Art. 30. Who May Not Be Adopted. – The following may not be adopted:
(1) A married person, without the written consent of the spouse;
(2) An alien with whose government the Republic of the Philippines has broken
diplomatic relations;
(3) A person who has already been adopted unless the adoption has been
previously revoked or rescinded in accordance with this Chapter.
Art. 31. Whose Consent is Necessary. – The written consent of the following to the
adoption shall be necessary:
(1) The person to be adopted, if fourteen years of age or over;
(2) The natural parents of the child or his legal guardian of the Department of Social
Welfare or any duly licensed child placement agency under whose care the child may
be;
(3) The natural children, fourteen years and above, of the adopting parents.
Art. 32. Hurried Decisions. – In all proceedings for adoption, steps should be taken by
the court to prevent the natural parents from making hurried decisions caused by strain
or anxiety to give up the child, and to ascertain, that all measures to strengthen the
family have been exhausted and that any prolonged stay of the child in his own home
will be inimical to his welfare and interest.
Art. 33. Case Study. – No petition for adoption shall be granted unless the Department
of Social Welfare, or the Social Work and Counselling Division, in case of Juvenile and
Domestic Relations Courts, has made a case study of the child to be adopted, his
natural parents as well as the prospective adopting parents, and has submitted its
report and recommendations on the matter to the court hearing such petition. The
Department of Social Welfare shall intervene on behalf of the child if it finds, after such
case study, that the petition should be denied.
Art. 34. Procedure. – The proceedings for adoption shall be governed by the Rules of
Court in so far as they are not in conflict with this Chapter.
Art. 35. Trial Custody. – No petition for adoption shall be finally granted unless and
until the adopting parents are given by the court a supervised trial custody period of at
least six months to assess their adjustment and emotional readiness for the legal union.
During the period of trial custody parental authority shall be vested in the adopting
parents.
The court may, upon its own motion or on motion of the petitioner, reduce or dispense
with the trial period if it finds that it is to the best interest of the child. In such case, the
court shall state its reasons for reducing said period.
Art. 36. Decree of Adoption. – If, after considering the report of the Department of
Social Welfare or duly licensed child placement agency and the evidence submitted
before it, the court is satisfied that the petitioner is qualified to maintain, care for, and
educated the child, that the trial custody period has been completed, and that the best
interests of the child will be promoted by the adoption, a decree of adoption shall be
entered, which shall be effective as of the date the original petition was filed. The
decree shall state the name by which the child is thenceforth to be known.
Art. 37. Civil Registry Record. – The adoption shall be recorded in the local civil
register and shall be annotated on the record of birth, and the same shall entitle the
adopted person to the issuance of an amended certificate of birth.
Art. 38. Confidential Nature of Proceedings and Records. – All hearings in adoption
cases shall be confidential and shall not be open to the public. All records, books and
papers relating to the adoption cases in the files of the court, of the Department of
Social Welfare, and of any other agency or institution participating in the adoption
proceedings, shall be kept strictly confidential.
Subject to the provisions of Article 7, in any case in which information from such
records, books and papers is needed, the person or agency requesting the release of
the information may file a petition to the court which entered the decree of adoption for
its release. If the court finds that the disclosure of the information is necessary for
purposes connected with or arising out of the adoption and will be for the best interests
of the child, the court may permit the necessary information to be released, restricting
the purposes for which it may be used.
Art. 39. Effects of Adoption. – The adoption shall:
(1) Give to the adopted person the same rights and duties as if he were a legitimate
child of the adopter: Provided, That an adopted child cannot acquire Philippine
citizenship by virtue of such adoption:
(2) Dissolve the authority vested in the natural parent or parents, except where the
adopter is the spouse of the surviving natural parent;
(3) Entitle the adopted person to use the adopter’s surname; and
(4) Make the adopted person a legal heir of the adopter: Provided, That if the
adopter is survived by legitimate parents or ascendants and by an adopted person, the
latter shall not have more successional rights than an acknowledged natural child:
Provided, further, That any property received gratuitously by the adopted from the
adopter shall revert to the adopter should the former predecease the latter without
legitimate issue unless the adopted has, during his lifetime, alienated such property:
Provided, finally, That in the last case, should the adopted leave no property other than
that received from the adopter, and he is survived by illegitimate issue or a spouse,
such illegitimate issue collectively or the spouse shall receive one-fourth of such
property; if the adopted is survived by illegitimate issue and a spouse, then the former
collectively shall receive one-fourth and the latter also one-fourth, the rest in any case
reverting to the adopter, observing in the case of the illegitimate issue the proportion
provided for in Article 895 of the Civil Code.
The adopter shall not be a legal heir of the adopted person, whose parents by nature
shall inherit from him, except that if the latter are both dead, the adopting parent or
parents take the place of the natural parents in the line of succession, whether testate
or interstate.
Art. 40. Rescission by Adopted. – The adopted person or the Department of Social
Welfare or any duly licensed child placement agency if the adopted is still a minor or
otherwise incapacitated, may ask for the rescission of the adoption on the same
grounds that cause the loss of parental authority under the Civil Code.
Art. 41. Revocation by Adopter. – The adopter may petition the court for the
revocation of the adoption in any of these cases:
(1) If the adopted person has attempted against the life of the adopter and/or his
spouse;
(2) When the adopted minor has abandoned the home of the adopter for more than
three years and efforts have been exhausted to locate the minor within the stated
period;
(3) When by other acts the adopted person has definitely repudiated the adoption.
Art. 42. Effects of Rescission or Revocation. – Where the adopted minor has not
reached the age of majority at the time of the revocation or rescission referred to in the
next preceding articles, the court in the same proceeding shall determine whether he
should be returned to the parental authority of his natural parents or remitted to the
Department of Social Welfare or any duly licensed child placement agency or whether a
guardian over his person and property should be appointed.
Where the adopted child has reached the age of majority, the revocation or rescission, if
and when granted by the court, shall release him from all obligations to his adopting
parents and shall extinguish all his rights against them: Provided, That if the said
adopted person is physically or mentally handicapped as to need a guardian over his
person or property, or both, the court may appoint a guardian in accordance with the
provisions of existing law.
In all cases of revocation or rescission, the adopted shall lose the right to continue using
the adopter’s surname and the court shall order the amendment of the records in the
Civil Register in accordance with its decision.
Chapter 2
RIGHTS OF PARENTS
Art. 43. Primary Right of Parents. – The parents shall have the right to the company
of their children and, in relation to all other persons or institutions dealing with the child’s
development, the primary right and obligation to provide for their upbringing.
Art. 44. Rights Under the Civil Code. – Parents shall continue to exercise the rights
mentioned in Articles 316 to 326 of the Civil Code over the person and property of the
child.
Art. 45. Right to Discipline Child. – Parents have the right to discipline the child as
may be necessary for the formation of his good character, and may therefore require
from him obedience to just and reasonable rules, suggestions and admonitions.
Chapter 3
DUTIES OF PARENTS
Art. 46. General Duties.– Parents shall have the following general duties toward their
children:
(1) To give him affection, companionship and understanding;

(2) To extend to him the benefits of moral guidance, self-discipline and religious
instruction;
(3) To supervise his activities, including his recreation;
(4) To inculcate in him the value of industry, thrift and self-reliance;
(5) To stimulate his interest in civic affairs, teach him the duties of citizenship, and
develop his commitment to his country;
(6) To advise him properly on any matter affecting his development and
well-being;
(7) To always set a good example;
(8) To provide him with adequate support, as defined in Article 290 of the Civil
Code; and
(9) To administer his property, if any, according to his best interests, subject to the
provisions of Article 320 of the Civil Code.
Art. 47. Family Affairs. – Whenever proper, parents shall allow the child to participate
in the discussion of family affairs, especially in matters that particularly concern him.
In cases involving his discipline, the child shall be given a chance to present his side.
Art. 48. Winning Child’s Confidence. – Parents shall endeavor to win the child’s
confidence and to encourage him to conduct with them on his activities and problems.
Art. 49. Child Living Away from Home. – If by reason of his studies or for other
causes, a child does not live with his parents, the latter shall communicate with him
regularly and visit him as often as possible.
The parents shall see to it that the child lives in a safe and wholesome place and under
responsible adult care and supervision.
Art. 50. Special Talents. – Parents shall endeavor to discover the child’s talents or
aptitudes, if any, and to encourage and develop them.
If the child is especially gifted, his parents shall report this fact to the National Center for
Gifted Children or to other agencies concerned so that official assistance or recognition
may be extended to him.
Art. 51. Reading Habit. – The reading habit should be cultivated in the home. Parents
shall, whenever possible, provide the child with good and wholesome reading material,
taking into consideration his age and emotional development. They shall guard against
the introduction in the home of pornographic and other unwholesome publications.
Art. 52. Association with Other Children. – Parents shall encourage the child to
associate with other children of his own age with whom he can develop common
interests of useful and salutary nature. It shall be their duty to know the child’s friends
and their activities and to prevent him from falling into bad company. The child should
not be allowed to stay out late at night to the detriment of his health, studies or morals.
Art. 53. Community Activities. – Parents shall give the child every opportunity to form
or join social, cultural, educational, recreational, civic or religious organizations or
movements and other useful community activities.
Art. 54. Social Gatherings. – When a party or gathering is held, the parents or a
responsible person should be present to supervise the same.
Art. 55. Vices. – Parents shall take special care to prevent the child from becoming
addicted to intoxicating drinks, narcotic drugs, smoking, gambling, and other vices or
harmful practices.
Art. 56. Choice of career. – The child shall have the right to choose his own career.
Parents may advise him on this matter but should not impose on him their own choice.
Art. 57. Marriage. – Subject to the provisions of the Civil Code, the child shall have the
prerogative of choosing his future spouse. Parents should not force or unduly influence
him to marry a person he has not freely choosen.
Chapter 4
LIABILITIES OF PARENTS
Art. 58. Torts. – Parents and guardians are responsible for the damage caused by the
child under their parental authority in accordance with the Civil Code.
Art. 59. Crimes. – Criminal liability shall attach to any parent who:
(1) Conceals or abandons the child with intent to make such child lose his civil
status.
(2) Abandons the child under such circumstances as to deprive him of the love, care
and protection he needs.
(3) Sells or abandons the child to another person for valuable consideration.
(4) Neglects the child by not giving him the education which the family’s station in
life and financial conditions permit.
(5) Fails or refuses, without justifiable grounds, to enroll the child as required by
Article 72.
(6) Causes, abates, or permits the truancy of the child from the school where he is
enrolled. “Truancy” as here used means absence without cause for more than twenty
schooldays, not necessarily consecutive.
It shall be the duty of the teacher in charge to report to the parents the absences of
the child the moment these exceed five schooldays.
(7) Improperly exploits the child by using him, directly or indirectly, such as for
purposes of begging and other acts which are inimical to his interest and welfare.
(8) Inflicts cruel and unusual punishment upon the child or deliberately subjects him
to indignitions and other excessive chastisement that embarrass or humiliate him.
(9) Causes or encourages the child to lead an immoral or dissolute life.
(10) Permits the child to possess, handle or carry a deadly weapon, regardless of its
ownership.
(11) Allows or requires the child to drive without a license or with a license which the
parent knows to have been illegally procured. If the motor vehicle driven by the child
belongs to the parent, it shall be presumed that he permitted or ordered the child to
drive.
“Parents” as here used shall include the guardian and the head of the institution or
foster home which has custody of the child.
Art. 60. Penalty. – The act mentioned in the preceding article shall be punishable with
imprisonment from two or six months or a fine not exceeding five hundred pesos, or
both, at the discretion of the Court, unless a higher penalty is provided for in the
Revised Penal Code or special laws, without prejudice to actions for the involuntary
commitment of the child under Title VIII of this Code.
Chapter 5
ASSISTANCE TO PARENTS
Art. 61. Admonition to Parents. – Whenever a parent or guardian is found to have

been unreasonably neglectful in the performance of his duties toward the child, he shall
be admonished by the Department of Social Welfare or by the local Council for the
Protection of Children referred to in Article 87.
Whenever a child is found delinquent by any court, the father, mother or guardian may
be judicially admonished.
Art. 62. Medical and Dental Services. – If the child has special health problems, his
parents shall be entitled to such assistance from the government as may be necessary
for his care and treatment in addition to other benefits provided for under existing law.
Art. 63. Financial Aid and Social Services to Needy Families. – Special financial or
material aid and social services shall be given to any needy family, to help maintain the
child or children in the home and prevent their placement elsewhere.
The amount of such aid shall be determined by the Department of Social Welfare,
taking into consideration, among other things, the self-employment of any of the family
members and shall be paid from any funds available for the purpose.
Art. 64. Assistance to Widowed or Abandoned Parent and Her Minor

Dependents. – The State shall give assistance to widowed or abandoned parent or
where either spouse is on prolonged absence due to illness, imprisonment, etc. and
who is unable to support his/her children. Financial and other essential social services
shall be given by the National Government or other duly licensed agencies with similar
functions to help such parent acquire the necessary knowledge or skill needed for the
proper care and maintenance of the family.
Art. 65. Criterion for Aid. – The criteria to determine eligibility for the aid mentioned in
the next two preceding articles shall be (1) the age of the child or children (2) the
financial condition of the family, (3) the degree of deprivation of parental care and
support, and (4) the inability to exercise parental authority.
Art. 66. Assistance to Unmarried Mothers and Their Children. – Any unmarried
mother may, before and after the birth of the child, seek the assistance and advice of
the Department of Social Welfare or any duly licensed child placement agency. The said
agencies shall offer specialized professional services which include confidential help
and protection to such mother and her child, including placement of protection to such
mother and child, including placement of such mother’s rights, if any, against the father
of such child.
Chapter 6
FOSTER – CARE
Art. 67. Foster Homes. – Foster Homes shall be chosen and supervised by the
Department of Social Welfare or any duly licensed child placement agency when and as
the need therefore arises. They shall be run by married couples, to be licensed only
after thorough investigation of their character, background, motivation and competence
to act as foster parents.
Art. 68. Institutional Care. – Assignment of the child to a foster home shall be
preferred to institutional care. Unless absolutely necessary, no child below nine years of
age shall be placed in an institution. An older child may be taken into an institution for
child care if a thorough social case study indicates that he will derive more benefit
therefrom.
Art. 69. Day-care service and other substitute parental arrangement. – Day-care
and other substitute parental arrangement shall be provided a child whose parents and
relatives are not able to care for him during the day. Such arrangements shall be the
subject of accreditation and licensing by the Department of Social Welfare.
Art. 70. Treatment of Child Under Foster Care. – A child under foster care shall be
given, as much as possible, the affection and understanding that his own parents, if
alive or present, would or should have extended to him. Foster care shall take into
consideration the temporary nature of the placement and shall not alienate the child
from his parents.
TITLE III
CHILD AND YOUTH WELFARE AND EDUCATION
Chapter 1
ACCESS TO EDUCATIONAL OPPORTUNITIES
Art. 71. Admission to Schools. – The state shall see to it that no child is refused
admission in public schools. All parents are required to enroll their children in schools to
complete, at least, an elementary education.
Art. 72. Assistance. – To implement effectively the compulsory education policy, all
necessary assistance possible shall be given to parents, specially indigent ones or
those who need the services of children at home, to enable the children to acquire at
least an elementary education. Such assistance may be in the form of special school
programs which may not require continuous attendance in school, or aid in the form of
necessary school supplies, school lunch, or whatever constitutes a bar to a child’s
attendance in school or access to elementary education.
Art. 73. Nursery School. – To further help promote the welfare of children of working
mothers and indigent parents, and in keeping with the Constitutional provision on the
maintenance of an adequate system of public education, public nursery and
kindergarten schools shall be maintained, whenever possible. The operation and
maintenance of such schools shall be the responsibility of local governments. Aid from
local school board funds, when available, may be provided.
Art. 74. Special Classes. – Where needs warrants, there shall be at least special
classes in every province, and, if possible, special schools for the physically
handicapped, the mentally retarded, the emotionally disturbed, and the specially gifted.
The private sector shall be given all the necessary inducement and encouragement to
establish such classes or schools.
Art. 75. School Plants and Facilities. – Local school officials and local government
officials shall see to it that school children and students are provided with adequate
schoolrooms and facilities including playground, space, and facilities for sports and
physical development activities. Such officials should see to it that the school
environment is free from hazards to the health and safety of the students and that there
are adequate safety measures for any emergencies such as accessible exits,
firefighting equipment, and the like. All children shall have the free access to adequate
dental and medical services.
Chapter II
THE HOME AND THE SCHOOL
Art. 76. Role of the Home. – The home shall fully support the school in the
implementation of the total school program – curricular and co-curricular – toward the
proper physical, social, intellectual and moral development of the child.
Art. 77. Parent-Teacher Associations. – Every elementary and secondary school shall
organize a parent-teacher association for the purpose of providing a forum for the
discussion of problems and their solutions, relating to the total school program, and for
insuring the full cooperation of parents in the efficient implementation of such program.
All parents who have children enrolled in a school are encouraged to be active
members of its PTA, and to comply with whatever obligations and responsibilities such
membership entails.
Parent-Teacher Association all over the country shall aid the municipal and other local
authorities and school officials in the enforcement of juvenile delinquency control
measures, and in the implementation of programs and activities to promote child
welfare.
Chapter III
MISCELLANEOUS
Art. 78. Contributions. – No school shall receive or collect from students, directly or
indirectly, contributions of any kind or form, or for any purpose except those expressly
provided by law, and on occasions of national or local disasters in which case the
school may accept voluntary contribution or aid from students for distribution to victims
of such disasters or calamities.
TITLE IV
CHILD AND YOUTH WELFARE AND THE CHURCH
Art. 79. Rights of the Church. – The State shall respect the rights of the Church in
matters affecting the religious and moral upbringing of the child.
Art. 80. Establishment of Schools. – All churches and religious orders, congregations
or groups may, conformably to law, establish schools for the purpose of educating
children in accordance with the tenets of their religion.
Art. 81. Religious Instruction. – The religious education of children in all public and
private schools is a legitimate concern of the Church to which the students belong. All
churches may offer religious instruction in public and private elementary and secondary
schools, subject to the requirements of the Constitution and existing laws.
Art. 82. Assistance to Churches. – Insofar as may be allowed by the Constitution, the
government shall extend to all churches, without discrimination or preference, every
opportunity to exercise their influence and disseminate their teachings.
Art. 83. Parents. – Parents shall admonish their children to heed the teachings of their
Church and to perform their religious duties. Whenever possible, parents shall
accompany their children to the regular devotions of their Church and other religious
ceremonies.
TITLE V
CHILD AND YOUTH WELFARE AND THE COMMUNITY
Chapter I
DUTIES IN GENERAL OF THE COMMUNITY
Art. 84. Community Defined. – As used in this Title, a community shall mean, the local
government, together with the society of individuals or institutions, both public and
private, in which a child lives.
Art. 85. Duties of the Community. – To insure the full enjoyment of the right of every
child to live in a society that offers or guarantee him safety, health, good moral
environment and facilities for his wholesome growth and development, it shall be the
duty of the community to:
(1) Bring about a healthy environment necessary to the normal growth of children
and the enhancement of their physical, mental and spiritual well-being;
(2) Help institutions of learning, whether public or private, achieve the fundamental
objectives of education;
(3) Organize or encourage movements and activities, for the furtherance of the
interests of children and youth;
(4) Promote the establishment and maintenance of adequately equipped

playgrounds, parks, and other recreational facilities;
(5) Support parent education programs by encouraging its members to attend and
actively participate therein;
(6) Assist the State in combating and curtailing juvenile delinquency and in
rehabilitating wayward children;
(7) Aid in carrying out special projects for the betterment of children in the remote
areas or belonging to cultural minorities or those who are out of school; and
(8) Cooperate with private and public child welfare agencies in providing care,
training and protection to destitute, abandoned, neglected, abused, handicapped and
disturbed children.
Chapter 2
COMMUNITY BODIES DEALING WITH CHILD WELFARE
Section. A. Barangay Councils
Art. 86. Ordinances and Resolutions. – Barangay Councils shall have the authority to
enact ordinances and resolutions not inconsistent with law or municipal ordinances, as
may be necessary to provide for the proper development and welfare of the children in
the community, in consultation with representatives of national agencies concerned with
child and youth welfare.
Art. 87. Council for the Protection of Children. – Every barangay council shall
encourage the organization of a local Council for the Protection of Children and shall
coordinate with the Council for the Welfare of Children and Youth in drawing and
implementing plans for the promotion of child and youth welfare. Membership shall be
taken from responsible members of the community including a representative of the
youth, as well as representatives of government and private agencies concerned with
the welfare of children and youth whose area of assignment includes the particular
barangay and shall be on a purely voluntary basis.
Said Council shall:
(1) Foster the education of every child in the barangay;
(2) Encourage the proper performance of the duties of parents, and provide learning
opportunities on the adequate rearing of children and on positive parent-child
relationship;
(3) Protect and assist abandoned or maltreated children and dependents;
(4) Take steps to prevent juvenile delinquency and assist parents of children with
behavioral problems so that they can get expert advise;
(5) Adopt measures for the health of children;
(6) Promote the opening and maintenance of playgrounds and day-care centers and
other services that are necessary for child and youth welfare;
(7) Coordinate the activities of organizations devoted to the welfare of children and
secure their cooperation;
(8) Promote wholesome entertainment in the community, especially in movie

houses; and
(9) Assist parents, whenever necessary in securing expert guidance counseling
from the proper governmental or private welfare agency.
In addition, it shall hold classes and seminars on the proper rearing of the children. It
shall distribute to parents available literature and other information on child guidance.
The Council shall assist parents, with behavioral problems whenever necessary, in
securing expert guidance counseling from the proper governmental or private welfare
agency.
Art. 88. Barangay Scholarships. – Barangay funds may be appropriated to provide

annual scholarship for indigent children who, in judgment of the Council for the
Protection of Children, deserve public assistance in the development of their
potentialities.
Art. 89. Youth Associations in Barangays. – Barangay councils shall encourage
membership in civil youth associations and help these organizations attain their
objectives.
Art. 90. Aid to Youth Associations. – In proper cases, barangay funds may be used
for the payment of the cost of the uniforms and equipment required by these
organizations.
Section. B. Civic Associations of Adults

Art. 91. Civic Associations of Adults. – As used in this Title, a civic association shall
refer to any club, organization or association of individuals twenty-one years of age or
over, which is directly or indirectly involved in carrying out child welfare programs and
activities.
Art. 92. Accounting of Proceeds or Funds. – It shall be the duty of any civic
association of adults holding benefits or soliciting contributions pursuant to the
provisions of the next preceding article, to render an accounting of the proceeds thereof
to the Department of Social Welfare or to the city or municipal treasurer, as the case
may be.
Art. 93. Functions. – Civic associations and youth associations shall make
arrangements with the appropriate governmental or civic organization for the instruction
of youth in useful trades or crafts to enable them to earn a living.
Art. 94. Youth Demonstrations. – Any demonstrations sponsored by any civic

associations and youth associations shall be conducted in a peaceful and lawful
manner.
Art. 95. Unwholesome Entertainment and advertisements. – It shall be the duty of
all civic associations and youth associations to bring to the attention of the proper
authorities the exhibition of indecent shows and the publication, sale or circulation of
pornographic materials.
The Board of Censors or the Radio Control Board may, upon representation of any

civic association, prohibit any movie, television or radio program offensive to the
proprieties of language and behavior.
Commercial and advertisements and trailers which are improper for children under
eighteen years of age due to their advocating or unduly suggesting violence, vices,
crimes and immorality, shall not be shown in any movie theater where the main feature
is for general patronage nor shall they be used or shown during or immediately before
and after any television or radio program for children.
Art. 96. Complaint Against Child Welfare Agency. – Any civic association and any
youth association may complain to the officials of any public or private child-caring
agency about any act or omission therein prejudicial to the wards of such agency.
If the complaint is not acted upon, it may be brought to the Council for the Protection
of Children or the Department of Social Welfare, which shall promptly investigate the
matter and take such steps as may be necessary.
Art. 97. Studies and Researches. – The government shall make available such data
and technical assistance as may be needed by civic associations conducting studies
and researches on matters relating to child welfare, including the prevention of juvenile
delinquency.
Art. 98. Exchange Programs. – Student exchange programs sponsored by civic

associations or youth associations shall receive the support and encouragement of the
State.
Section. C. Youth Associations
Art. 99. Youth Associations. – As used in this Title, a youth association shall refer to
any club, organization or association of individuals below twenty-one years of age which
is directly or indirectly involved in carrying out child or youth welfare programs and
activities.
Art. 100. Rights and Responsibilities. – All youth associations shall enjoy the same
rights and discharge the same responsibilities as civic associations as may be permitted
under existing laws.
Art. 101. Student Organizations. – All student organization in public or private schools
shall include in their objectives the cultivation of harmonious relations among their
members and with the various segments of the community.
Chapter 3
COLLABORATION BETWEEN THE HOME AND THE COMMUNITY
Art. 102. Proper Atmosphere for Children. – The home shall aid the community in
maintaining an atmosphere conducive to the proper upbringing of children, particularly
with respect to their preparation for adult life and the conscientious discharge of their
civic duties as a whole.
Art. 103. Unwholesome Influence. – The home and the community shall cooperate
with each other in counteracting and eliminating such influences as may be exerted
upon children by useless and harmful amusements and activities, obscene exhibitions
and programs, and establishments inimical to health and morals.
TITLE VI
CHILD AND YOUTH WELFARE AND THE SAMAHAN
Chapter 1
DUTIES IN GENERAL OF THE SAMAHAN
Art. 104. “Samahan” Defined. – As used in this Code, the term “samahan” shall refer
to the aggregate of persons working in commercial, industrial, and agricultural
establishments or enterprises, whether belonging to labor or management.
Art. 105. Organization. – The barangay, municipal and city councils, whenever
necessary, shall provide by ordinance for the formation and organization of a samahan
in their respective communities. Membership in the samahan shall be on voluntary basis
from among responsible persons from the various sectors of the community mentioned
in the preceding article.
Art. 106. Duties of the Samahan. – The Samahan shall:
(1) Prevent the employment of children in any kind of occupation or calling which is
harmful to their normal growth and development;
(2) Forestall their exploitation by insuring that their rates of pay, hours of work and
other conditions of employment are in accordance not only with law but also with equity;
(3) Give adequate protection from all hazards to their safety, health, and morals,
and secure to them their basic right to an education;
(4) Help out-of-school youth to learn and earn at the same time by helping them look
for opportunities to engage in economic self-sufficient projects;
(5) To coordinate with vocational and handicraft classes in all schools and agencies
in the barangay, municipality or city to arrange for possible marketing of the products or
articles made by the students; and
(6) Provide work experience, training and employment in those areas where the
restoration and conservation of our natural resources is deemed necessary.
Chapter 2
WORKING CHILDREN
Art. 107. Employment of Children Below Sixteen Years. – Children below sixteen
years of age may be employed to perform light work which is not harmful to their safety,
health or normal development and which is not prejudicial to their studies.
The provisions of the Labor Code relating to employable age and conditions of
employment of children are hereby adopted as part of this Code insofar as not
inconsistent herewith.
Art. 108. Duty of Employer to Submit Report. – The employer shall submit to the
Department of Labor a report of all children employed by him. A separate report shall be
made of all such children who are found to be handicapped after medical examination.
The Secretary of Labor shall refer such handicapped children to the proper government
or private agencies for vocational guidance, physical and vocational rehabilitation, and
placement in employment.
Art. 109. Register of Children. – Every employer in any commercial, industrial or

agricultural establishment or enterprise shall keep:
(1) A register of all children employed by him, indicating the dates of their birth;
(2) A separate file for the written consent to their employment given by their parents
or guardians;
(3) A separate file for their educational and medical certificates; and
(4) A separate file for special work permits issued by the Secretary of Labor in
accordance with existing laws.
Art. 110. Education of Children Employed as Domestics. – If a domestic is under

sixteen years of age, the head of the family shall give him an opportunity to complete at
least elementary education as required under Article 71. The cost of such education
shall be a part of the domestic’s compensation unless there is a stipulation to the
contrary.
Chapter 3
LABOR-MANAGEMENT PROJECTS
Art. 111. Right to Self-Organization. – Working children shall have the same
freedoms as adults to join the collective bargaining union of their own choosing in
accordance with existing law.
Neither management nor any collective bargaining union shall threaten or coerce
working children to join, continue or withdraw as members of such union.
Art. 112. Conditions of Employment. – There shall be close collaboration between

labor and management in the observance of the conditions of employment required by
law for working children.
Art. 113. Educational Assistance Programs. – The management may allow time off
without loss or reduction of wages for working children with special talents to enable
them to pursue formal studies in technical schools on scholarships financed by
management or by the collective bargaining union or unions.
Art. 114. Welfare Programs. – Labor and management shall, in cooperation with the
Women and Minors Bureau of the Department of Labor, undertake projects and in-
service training programs for working children which shall improve their conditions of
employment, improve their capabilities and physical fitness, increase their efficiency,
secure opportunities for their promotion, prepare them for more responsible positions,
and provide for their social, educational and cultural advancement.
Art. 115. Research Projects. – Labor and management shall cooperate with any
government or private research project on matters affecting the welfare of working
children.
Chapter 4
COLLABORATION BETWEEN THE HOME AND THE SAMAHAN
Art. 116. Collaboration Between the Home and the Samahan. – The home shall
assist the Samahan in the promotion of the welfare of working children and for this
purpose shall:
(1) Instill in the hearts and minds of working children the value of dignity of labor;
(2) Stress the importance of the virtues of honesty; diligence and perseverance in
the discharge of their duties;
(3) Counsel them on the provident use of the fruits of their labor for the enrichment
of their lives and the improvement of their economic security; and
(4) Protect their general well-being against exploitation by management or unions as
well as against conditions of their work prejudicial to their health, education, or morals.
TITLE VII
CHILD AND YOUTH WELFARE AND THE STATE
Chapter 1
REGULATION OF CHILD AND YOUTH WELFARE SERVICES
Art. 117. Classifications of Child and Youth Welfare Agencies. – Public and private
child welfare agencies providing encouragement, care, and protection to any category
of children and youth whether mentally gifted, dependent, abandoned, neglected,
abused, handicapped, disturbed, or youthful offenders, classified and defined as
follows, shall be coordinated by the Department of Social Welfare:
(1) A child-caring institution is one that provides twenty-four resident group care
service for the physical, mental, social and spiritual well-being of nine or more mentally
gifted, dependent, abandoned, neglected, handicapped or disturbed children, or
youthful offenders.
An institution, whose primary purpose is education, is deemed to be a child-caring

institution when nine or more of its pupils or wards in the ordinary course of events do
not return annually to the homes of their parents or guardians for at least two months of
summer vacation.
(2) A detention home is a twenty-four hour child-caring institution providing short
term resident care for youthful offenders who are awaiting court disposition of their
cases or transfer to other agencies or jurisdiction.
(3) A shelter-care institution is one that provides temporary protection and care to
children requiring emergency reception as a result of fortuitous events, abandonment by
parents, dangerous conditions of neglect or cruelty in the home, being without adult
care because of crisis in the family, or a court order holding them as material witnesses.
(4) Receiving homes are family-type homes which provides temporary shelter from
ten to twenty days for children who shall during this period be under observation and
study for eventual placement by the Department of Social Welfare. The number of
children in a receiving home shall not at any time exceed nine: Provided, That no more
than two of them shall be under three years of age.
(5) A nursery is a child-caring institution that provides care for six or more children
below six years of age for all or part of a twenty-four hour day, except those duly
licensed to offer primarily medical and educational services.
(6) A maternity home is an institution or place of residence whose primary function
is to give shelter and care to pregnant women and their infants before, during and after
delivery.
(7) A rehabilitation center is an institution that receives and rehabilitates youthful
offenders or other disturbed children.
(8) A reception and study center is an institution that receives for study, diagnosis,
and temporary treatment, children who have behavioral problems for the purpose of
determining the appropriate care for them or recommending their permanent treatment
or rehabilitation in other child welfare agencies.
(9) A child-placing agency is an institution or person assuming the care, custody,
protection and maintenance of children for placement in any child-caring institution or
home or under the care and custody of any person or persons for purposes of adoption,
guardianship or foster care. The relatives of such child or children within the sixth
degree of consanguinity or affinity are excluded from this definition.
Art. 118. License Required. – No private person, natural or juridical, shall establish,
temporarily or permanently, any child welfare agency without first securing a license
from the Department of Social Welfare.
Such license shall not be transferable and shall be used only by the person or institution
to which it was issued at the place stated therein.
No license shall be granted unless the purpose of function of the agency is clearly
defined and stated in writing. Such definition shall include the geographical area to be
served, the children to be accepted for care, and the services to be provided.
If the applicant is a juridical person, it must be registered in accordance with Philippine

laws.
Art. 119. Guiding Principles. – The protection and best interests of the child or
children therein shall be the first and basic consideration in the granting, suspension or
revocation of the license mentioned in the preceding article.
Art. 120. Revocation or Suspension of License. – The Department of Social Welfare

may, after notice and hearing , suspend or revoke the license of a child welfare agency
on any of the following grounds:
(1) That the agency is being used for immoral purposes;
(2) That said agency is insolvent or is not in a financial position to support and
maintain the children therein or to perform the functions for which it was granted license;
(3) That the children therein are being neglected or are undernourished;
(4) That the place is so unsanitary so as to make it unfit for children;
(5) That said agency is located in a place or community where children should not
be, or is physically dangerous to children or would unduly expose children to crime,
vice, immorality, corruption or severe cruelty; or
(6) That said agency has by any act or omission shown its incompetence or
unworthiness to continue acting as a child welfare agency. During the period of
suspension, the agency concerned shall not accept or admit any additional children. In
any case, the Department of Social Welfare shall make such order as to the custody of
the children under the care of such agency as the circumstances may warrant. The
suspension may last for as long as the agency has not complied with any order of the
Department of Social Welfare to remove or remedy the conditions which have risen to
the suspension. The aggrieved agency may appeal the suspension and/or revocation in
a proper court action. In such case, the court shall within fifteen days from the filing of
the Department of Social Welfare’s answer, conduct a hearing and decide the case,
either by lifting the suspension, or continuing it for such period of time as it may order,
or by revoking the license of the agency where the Department of Social Welfare has
proven the revocation to be justified.
Art. 121. Responsible Government Body. – The governing body of a child welfare
agency or institution shall be composed of civic leaders or persons of good standing in
the community. The administrator must be a competent person qualified by education or
experience or both to serve as such.
Art. 122. Child-Caring Institution Serving as Child-Placement Agency. – An

association or corporation may be both a child-caring institution and a child-placement
agency and it may be licensed to carry out both types of service.
When a license also serves as a child-placement agency, it shall maintain a staff

equipped by training to make thorough studies of every prospective family home. Staff
arrangements must also be made for continuing supervision of the children staying in
family homes so long as the children remain in the legal custody of the agency.
Art. 123. Responsible Staff of Employees. – The licensee shall choose its employees
who shall be persons of good health and character, and whenever possible, the higher
rank of employees shall in addition have training, preferably in child psychology.
Art. 124. Intake Study and Periodic Investigations. – The licensee shall undertake
investigations to determine if the acceptance or continued stay of a child in its institution
is necessary. Each licensee shall make provisions for continuing services, including
social casework for every child under its care.
Art. 125. Records. – The licensee shall keep confidential records of every child in its
study. These records shall be made available only to such persons as may be
authorized by the Department of Social Welfare or by the proper court.
Art. 126. Home Atmosphere. – Child welfare agencies shall endeavor to provide the
children with a pleasant atmosphere that shall approximate as nearly as possible the
conditions of an ideal home. Vocational rehabilitation shall also be provided in
accordance with existing law and the particular needs of the children.
Art. 127. Adequate Diet. – The licensee shall provide a varied and balanced diet to
satisfy the child’s total nutritional requirements.
Art. 128. Clothing. – The licensee shall furnish clean, comfortable, and appropriate
clothing for every child under its care.
Art. 129. Physical Surroundings and Outings. – The licensee shall maintain a
building adequate both in ventilation and sanitation, and with a safe, clean and spacious
playground.
Regular inexpensive periodic outing shall be an important part of its activities in order to
make the children aware of their vital role in their community and country.
Art. 130. Medical and Nursing Care. – The licensee shall provide adequate medical
and nursing care for sick children who may be confined due to illness.
Art. 131. Religious Training. – The licensee shall provide opportunities for religious
training to children under its custody, taking into consideration the religious affiliation or
express wishes of the child or his parents. For such purpose, it shall have a defined
policy regarding its religious activities for the information of those wishing to place
children in its care.
Art. 132. Annual Report. – Every child welfare agency or institution shall submit to the
Department of Social Welfare an annual report setting forth a brief summary of its
operations during the preceding year, including the funds received during said period,
the sources thereof, the purposes for which they were spent and the cash position of
the agency or institution as of the date of the report, number of children admitted, and
such other information as may be required by the Department of Social Welfare.
Chapter 2
COLLABORATION BETWEEN THE HOME AND THE STATE
Art. 133. Healthy Growth of Children. – Pursuant to its obligation to assist the parents
in the proper upbringing of the child, the State shall, whenever possible, in collaboration
and cooperation with local government establish:
(1) Puericulture and similar centers;

(2) Juvenile courts;
(3) Child welfare agencies;
(4) Orphanages and other similar institutions; and
(5) Children’s recreation centers.
Art. 134. Puericulture or Health Centers. – Puericulture or health centers shall be

established in every barangay to perform, among other things, the following functions:
(1) Disseminate information concerning the health of children and expectant or
nursing mothers;
(2) Provide consultation service and treatment, whenever necessary, for the children
and the expectant or nursing mothers;
(3) Provide guidance and special treatment to children with physical handicaps; and

(4) Advise child welfare institutions on matters relating to nutrition and hygiene.
Art. 135. Juvenile and Domestic Relations Courts. – Juvenile and Domestic
Relations Courts shall, as far as practicable, be established in every province or city to
hear and decide cases involving juvenile and domestic problems.
Art. 136. Regional Child Welfare Agencies. – The State shall, whenever practicable,
establish regional child welfare agencies, orphanages and other similar institutions to
provide care for the children mentioned in Title VIII of this Code.
Art. 137. Children’s Reading and Recreation Centers. – The State shall establish in
every barangay reading centers and recreation centers where children may meet and
play together for their healthy growth and their social and cultural development.
Art. 138. Parent Education Program. – The Department of Social Welfare shall from
time to time hold a Parent Education Congress, which shall aim to enable parents to
understand child growth and development, parent-child relationship, family life, and
family-community relationship, and to improve their ability to discharge their duties.
Art. 139. Curfew Hours for Children. – City or municipal councils may prescribe such
curfew hours for children as may be warranted by local conditions. The duty to enforce
curfew ordinances shall devolve upon the parents or guardians and the local authorities.
Any parent or guardian found grossly negligent in the performance of the duty imposed
by this article shall be admonished by the Department of Social Welfare or the Council
for the Protection of Children.
Art. 140. State Aid in Case of Public Calamity. – In case of earthquake, flood, storm,
conflagration, epidemic, or other calamity, the State shall give special assistance to
children whenever necessary. The Department of Social Welfare shall take immediate
custody of dependent children and give temporary shelter to orphaned or displaced
children (who are separated from their parents or guardian).
TITLE VIII
SPECIAL CATEGORIES OF CHILDREN
Chapter 1
DEPENDENT, ABANDONED AND NEGLECTED CHILDREN
Art. 141. Definition of Terms.- As used in this Chapter:

(1) A dependent child is one who is without a parent, guardian or custodian; or one
whose parents, guardian or other custodian for good cause desires to be relieved of his
care and custody; and is dependent upon the public for support.
(2) An abandoned child is one who has no proper parental care or guardianship, or
whose parents or guardians have deserted him for a period of at least six continuous
months.
(3) A neglected child is one whose basic needs have been deliberately unattended
or inadequately attended. Neglect may occur in two ways:

a) There is a physical neglect when the child is malnourished, ill clad and
without proper shelter.
A child is unattended when left by himself without provisions for his needs
and/or without proper supervision.
b) Emotional neglect exists: when children are maltreated, raped or seduced;
when children are exploited, overworked or made to work under conditions not
conducive to good health; or are made to beg in the streets or public places, or when
children are in moral danger, or exposed to gambling, prostitution and other vices.
(4) Commitment or surrender of a child is the legal act of entrusting a child to the
care of the Department of Social Welfare or any duly licensed child placement agency
or individual.
Commitment may be done in the following manner:

a) Involuntary commitment, in case of a dependent child, or through the
termination of parental or guardianship rights by reason of abandonment, substantial
and continuous or repeated neglect and/or parental incompetence to discharge parental
responsibilities, and in the manner, form and procedure hereinafter prescribed.
b) Voluntary commitment, through the relinquishment of parental or

guardianship rights in the manner and form hereinafter prescribed.
Art. 142. Petition for Involuntary Commitment of a Child: Venue. – The Department
of Social Welfare Secretary or his authorized representative or any duly licensed child
placement agency having knowledge of a child who appears to be dependent,
abandoned or neglected, may file a verified petition for involuntary commitment of said
child to the care of any duly licensed child placement agency or individual.
The petition shall be filed with the Juvenile and Domestic Relations Court, if any, or with
the Court of First Instance of the province or City Court in which the parents or guardian
resides or the child is found.
Art. 143. Contents of Petition: Verification. – The petition for commitment must state
so far as known to the petitioner:
(1) The facts showing that the child is dependent, abandoned, or neglected;
(2) The names of the parent or parents, if known, and their residence. If the child
has no parent or parents living, then the name and residence of the guardian, if any;
and
(3) The name of the duly licensed child placement agency or individual to whose
care the commitment of the child is sought.
The petition shall be verified and shall be sufficient if based upon the information and
belief of the petitioner.
Art. 144. Court to Set Time for Hearing: Summons. – When a petition or commitment
is filed, the court shall fix a date for the hearing thereof. If it appears from the petition
that one or both parents of the child, or the guardian, resides in province or city, the
clerk of court shall immediately issue summons, together with a copy of the petition,
which shall be served on such parent or guardian not less than two days before the time
fixed for the hearing. Such summons shall require them to appear before the court on
the date mentioned.
Art. 145. When Summons shall Not be Issued. – The summons provided for in the
next preceding article shall not be issued and the court shall thereupon proceed with the
hearing of the case if it appears from the petition that both parents of the child are dead
or that neither parent can be found in the province or city and that the child has no
guardian residing therein.
Art. 146. Representation of Child. – If it appears that neither of the parents nor the
guardian of the child can be found in the province or city, it shall be the duty of the court
to appoint some suitable person to represent him.
Art. 147. Duty of Fiscal. – The provincial or city fiscal shall appear for the State, seeing
to it that there has been due notice to all parties concerned and that there is justification
for the declaration of dependency, abandonment or neglect.
The legal services section of the Department of Social Welfare, any recognized legal
association, or any appointed de officio counsel shall prepare the petition for the
Secretary of the Department of Social Welfare, his representative or the head of the
duly licensed child placement agency, or the duly licensed individual and represent him
in court in all proceedings arising under the provisions of this Chapter.
Art. 148. Hearing. – During the hearing of the petition, the child shall be brought before
the court, which shall investigate the facts and ascertain whether he is dependent,
abandoned, or neglected, and, if so, the cause and circumstances of such condition. In
such hearing, the court shall not be bound by the technical rules of evidence.
Failure to provide for the child’s support for a period of six months shall be presumptive
evidence of the intent to abandon.
Art. 149. Commitment of Child. – If, after the hearing, the child is found to be
dependent, abandoned, or neglected, an order shall be entered committing him to the
care and custody of the Department of Social Welfare or any duly licensed child
placement agency or individual.
Art. 150. When Child May Stay In His Own Home. – If in the court’s opinion the cases
of the abandonment or neglect of any child may be remedied, it may permit the child to
stay in his own home and under the care and control of his own parents or guardian,
subject to the supervision and direction of the Department of Social Welfare.
When it appears to the court that it is no longer for the best interests of such child to
remain with his parents or guardian, it may commit the child in accordance with the next
preceding article.
Art. 151. Termination of Rights of Parents. – When a child shall have been
committed to the Department of Social Welfare or any duly licensed child placement
agency or individual pursuant to an order of the court, his parents or guardian shall
thereafter exercise no authority over him except upon such conditions as the court may
impose.
Art. 152. Authority of Person, Agency or Institution. – The Department of Social

Welfare or any duly licensed child placement agency or individual receiving a child
pursuant to an order of the court shall be the legal guardian and entitled to his legal
custody and control, be responsible for his support as defined by law, and when proper,
shall have authority to give consent to his placement, guardianship and/or adoption.
Art. 153. Change of Custody. – The Department of Social Welfare shall have the
authority to change the custody of a child committed to and duly licensed child
placement agency or individual if it appears that such change is for the best interests of
the child. However, when conflicting interests arise among child placement agencies the
court shall order the change of commitment of the child.
Art. 154. Voluntary Commitment of a Child to an Institution. – The parent or

guardian of a dependent, abandoned or neglected child may voluntarily commit him to
the Department of Social Welfare or any duly licensed child placement agency or
individual subject to the provisions of the next succeeding articles.
Art. 155. Commitment Must Be in Writing. – No child shall be committed pursuant to

the preceding article unless he is surrendered in writing by his parents or guardian to
the care and custody of the Department of Social Welfare or duly licensed child
placement agency. In case of the death or legal incapacity of either parent or
abandonment of the child for a period of at least one year, the other parent alone shall
have the authority to make the commitment. The Department of Social Welfare, or any
proper and duly licensed child placement agency or individual shall have the authority to
receive, train, educate, care for or arrange appropriate placement of such child.
Art. 156. Legal Custody. – When any child shall have been committed in accordance
with the preceding article and such child shall have been accepted by the Department of
Social Welfare or any duly licensed child placement agency or individual, the rights of
his natural parents, guardian, or other custodian to exercise parental authority over him
shall cease.
Such agency or individual shall be entitled to the custody and control of such child
during his minority, and shall have authority to care for, educate, train and place him out
temporarily or for custody and care in a duly licensed child placement agency. Such
agency or individual may intervene in adoption proceedings in such manner as shall
best inure to the child’s welfare.
Art. 157. Visitation or Inspection. – Any duly licensed child placement agency or
individual receiving a judicial order or by voluntary commitment by his parents or
guardian shall be subject to visitation or inspection by a representative of the court or of
the Department of Social Welfare or both, as the case may be.
Art. 158. Report of Person or Institution. – Any duly licensed child placement agency
or individual receiving a child for commitment may at any time be required by the
Department of Social Welfare to submit a report, copy furnished the court, containing all
necessary information for determining whether the welfare of the child is being served.
Art. 159. Temporary Custody of Child. – Subject to regulation by the Department of

Social Welfare and with the permission of the court in case of judicial commitment, the
competent authorities of any duly licensed child placement agency or individual to which
a child has been committed may place him in the care of any suitable person, at the
latter’s request, for a period not exceeding one month at a time.
The temporary custody of the child shall be discontinued if it appears that he is not
being given proper care, or at his own request, or at the instance of the agency or
person receiving him.
Art. 160. Prohibited Acts. – It shall be unlawful for any child to leave the person or
institution to which he has been judicially or voluntarily committed or the person under
whose custody he has been placed in accordance with the next preceding article, or for
any person to induce him to leave such person or institution, except in case of grave
physical or moral danger, actual or imminent, to the child.
Any violation of this article shall be punishable by an imprisonment of not more than one
year or by a fine of not more than two thousand pesos, or both such fine and
imprisonment at the discretion of the court: Provided, That if the violation is committed
by a foreigner, he shall also be subject to deportation.
If the violation is committed by a parent or legal guardian of the child, such fact shall
aggravate or mitigate the offense as circumstances shall warrant.
Art. 161. Duty to Report Abandonment. – When the parents or persons entitled to act
as guardian of a child are dead or, if living, have abandoned him, for no valid reason, for
at least six months in a duly licensed child placement agency or hospital, or left him with
any other person for the same period without providing for his care and support, such
fact shall be reported immediately to the Department of Social Welfare. In case of a
child left in a hospital immediate transfer of the child to the Department of Social
Welfare or any duly licensed child placement agency must be arranged. The
Department of Social Welfare shall make provisions for the adequate care and support
of the child and shall take such action as it may deem proper for his best interests.
Art. 162. Adoption of Dependent or Abandoned or Neglected Child. – Upon the

filing of an application by any person to adopt a dependent, abandoned or neglected
child in the custody of any institution or individual mentioned in Article 156, it shall be
the duty of the provincial or city fiscal, any recognized legal association, or any
appointed de officio counsel upon being informed of such fact, to represent the
Department of Social Welfare in the proceedings. The costs of such proceedings shall
be de officio.
Art. 163. Restoration of Child After Involuntary Commitment. – The parents or
guardian of a child committed to the care of a person, agency or institution by judicial
order may petition the proper court for the restoration of his rights over the child:
Provided, That the child in the meantime, has not been priorily given away in adoption
nor has left the country with the adopting parents or the guardian. The petition shall be
verified and shall state that the petitioner is now able to take proper care and custody of
said child.
Upon receiving the petition, the court shall fix the time for hearing the questions raised
thereby and cause reasonable notice thereof to be sent to the petitioner and to the
person, agency or institution to which the child has been committed. At the trial, any
person may be allowed, at the discretion of the court, to contest the right to the relief
demanded, and witnesses may be called and examined by the parties or by the court
motu proprio. If it is found that the cause for the commitment of the child no longer
exists and that the petitioner is already able to take proper care and custody of the child,
the court, after taking into consideration the best interests and the welfare of the child,
shall render judgment restoring parental authority to the petitioner.
Art. 164. Restoration After Voluntary Commitment. Upon petition filed with the
Department of Social Welfare the parent or parents or guardian who voluntarily
committed a child may recover legal custody and parental authority over him from the
agency, individual or institution to which such child was voluntarily committed when it is
shown to the satisfaction of the Department of Social Welfare that the parent, parents or
guardian is in a position to adequately provide for the needs of the child: Provided, That,
the petition for restoration is filed within six months after the surrender.
In all cases, the person, agency or institution having legal custody of the child shall be
furnished with a copy of the petition and shall be given the opportunity to be heard.
Art. 165. Removal of Custody. – A petition to transfer custody of a child may be filed
against a person or child welfare agency to whose custody a child has been committed
by the court based on neglect of such child as defined in Article 141(3). If the court, after
notice and hearing, is satisfied that the allegations of the petition are true and that it is
for the best interest and welfare of the child the court shall issue an order taking him
from the custody of the person or agency, as the case may be, and committing him to
the custody of another duly licensed child placement agency or individual.
The license of the agency or individual found guilty of such neglect may be suspended
or revoked, as the court may deem proper, in the same proceeding.
Art. 166. Report of Maltreated or Abused Child. – All hospitals, clinics and other
institutions as well as private physicians providing treatment shall, within forty-eight
hours from knowledge of the case, report in writing to the city or provincial fiscal or to
the Local Council for the Protection of Children or to the nearest unit of the Department
of Social Welfare, any case of a maltreated or abused child, or exploitation of an
employed child contrary to the provisions of labor laws. It shall be the duty of the
Council for the Protection of Children or the unit of the Department of Social Welfare to
whom such a report is made to forward the same to the provincial or city fiscal.
Violation of this provision shall subject the hospital, clinic, institution, or physician who
fails to make such report to a fine of not more than two thousand pesos.
In cases of sexual abuse, the records pertaining to the case shall be kept strictly
confidential and no information relating thereto shall be disclosed except in connection
with any court or official proceeding based on such report. Any person disclosing
confidential information in violation of this provision shall be punished by a fine of not
less than one hundred pesos nor more than five thousand pesos, or by imprisonment
for not less than thirty days nor more than one year, or both such fine and
imprisonment, at the discretion of the court.
Art. 167. Freedom from Liability of Reporting Person or Institution. – Persons,

organizations, physicians, nurses, hospitals, clinics and other entities which shall in
good faith report cases of child abuse, neglect, maltreatment or abandonment or
exposure to moral danger be free from any civil or criminal liability arising therefrom.
Chapter 2
MENTALLY RETARDED, PHYSICALLY HANDICAPPED,
EMOTIONALLY DISTURBED AND MENTALLY ILL CHILDREN
Art. 168. Mentally Retarded Children. – Mentally retarded children are (1) socially
incompetent, that is, socially inadequate and occupationally incompetent and unable to
manage their own affairs; (2) mentally subnormal; (3) retarded intellectually from birth or
early age; (4) retarded at maturity; (5) mentally deficient as a result of constitutional
origin, through hereditary or disease, and (6) essentially incurable.
Art. 169. Classification of Mental Retardation. – Mental Retardation is divided into

four classifications:
(1) Custodial Group. The members of this classification are severely or profoundly

retarded, hence, the least capable group. This includes those with I.Q.s to 25.
(2) Trainable Group. The members of this group consist of those with I.Q.s from
about 25 to about 50; one who belongs to this group shows a mental level and rate of
development which is 1/4 to 1/2 that of the average child, is unable to acquire higher
academic skills, but can usually acquire the basic skills for living to a reasonable
degree. He can likewise attain a primary grade level of education if he receives effective
instruction.
(3) Educable Group. This group’s I.Q. ranges from about 50 to about 75, and the
intellectual development is approximately 1/2 to 3/4 of that expected of a normal child of
the same chronological age. The degree of success or accomplishment that they will
reach in life depends very much on the quality and type of education they receive, as
well as on the treatment at home and in the community. Many of the educable
retardates may reach 5th or 6th grade educational level and can develop occupational
skills which may result in partial or complete economic independence in adulthood.
(4) Borderline or Low Normal Group. This is the highest group of mentally

retarded, with I.Q.s from about 75 to about 89. The members of this classification are
only slightly retarded and they can usually get by in regular classes if they receive some
extra help, guidance and consideration. They have to spend much more time with their
studies than do most children in order to pass. Those who cannot make it are usually
handicapped by one or more other conditions aside from that of intelligence.
Art. 170. Physically Handicapped Children. – Physically handicapped children are

those who are crippled, deaf-mute, blind, or otherwise defective which restricts their
means of action on communication with others.
Art. 171. Emotionally Disturbed Children. – Emotionally disturbed children are those
who, although not afflicted with insanity or mental defect, are unable to maintain normal
social relations with others and the community in general due to emotional problems or
complexes.
Art. 172. Mentally Ill Children. – Mentally ill children are those with any behavioral
disorder, whether functional or organic, which is of such a degree of severity as to
require professional help or hospitalization.
Art. 173. Admission of Disabled Children. – The Department of Social Welfare, upon
the application of the parents or guardians and the recommendation of any reputable
diagnostic center or clinic, shall refer and/or admit disabled children to any public or
private institution providing the proper care, training and rehabilitation.
“Disabled children” as used in this Chapter shall include mentally retarded, physically
handicapped, emotionally disturbed, and severe mentally ill children.
Art. 174. Training and Opportunities for Disabled Children. – Specialized

educational services shall be expanded and improved to provide appropriate
opportunities for disabled children. Vocational rehabilitation and manpower conservation
agencies shall train disabled children for specialized types of jobs, services and
business which could be learned only by them and shall help provide opportunities for
their future occupational placement: That the agencies and organizations engaged in
programs and services for the disabled need not be limited to minors. Persons of legal
age may be admitted whenever facilities are available for them.
Art. 175. Planning of Programs and Services. – Selected pilot demonstration projects
needed by the disabled children shall be developed and shall be the basis for planning
expanded programs and services throughout the nation. There shall be established
area centers designed to bring together an aggregate of services to serve all ages of
the disabled within a specified geographical area.
Art. 176. Donations. – Donations to agencies and organizations engaged in programs
and services for disabled children shall be deductible in accordance with the provision
of Presidential Decree No. 507.
Art. 177. Petition for Commitment. – Where a child appears to be mentally retarded,
physically handicapped, emotionally disturbed, or mentally ill, and needs institutional
care but his parents or guardians are opposed thereto, the Department of Social
Welfare, or any duly licensed child placement agency or individual shall have the
authority to file a petition for commitment of the said child to any reputable institution
providing care, training and rehabilitation for disabled children.
The parents or guardian of the child may file a similar petition in case no immediate
placement can be arranged for the disabled child when the welfare and interest of the
child is at stake.
Art. 178. Venue. – The petition for commitment of a disabled child shall be filed with the
Juvenile and Domestic Relations Court, if any, or with the Court of First Instance of the
province or City Court where the parent or guardian resides or where the child is found.
Art. 179. Contents of Petition. – The petition for commitment must state so far as
known to the petitioner:
(1) The facts showing that the child appears to be mentally retarded, physically
handicapped, emotionally disturbed or mentally ill and needs institutional care;
(2) The Fact that the parents or guardians or any duly licensed disabled child
placement agency, as the case may be, has opposed the commitment of such child;
(3) The name of the parents and their residence, if known or if the child has no
parents or parent living, the names and residence of the guardian, if any; and
(4) The name of the institution where the child is to be committed.
The petition shall be verified and shall be sufficient if based upon the information and
belief of the petitioner.
Art. 180. Order of Hearing. – If the petition filed is sufficient in form and substance, the
court, by an order reciting the purpose of the petition, shall fix the date for the hearing
thereof, and a copy of such order shall be served on the child alleged to be mentally
retarded, or physically handicapped, or emotionally disturbed, or mentally ill, and on the
person having charge of him or any of his relatives residing in the province or city as the
judge may deem proper. The court shall furthermore order the sheriff to produce, if
possible, the alleged disabled child on the date of the hearing.
Art. 181. Hearing and Judgment. – Upon satisfactory proof that the institutional care of
the child is for him or the public welfare and that his parents, or guardian or relatives are
unable for any reason to take proper care of him, the Court shall order his commitment
to the proper institution for disabled children.
Art. 182. Disposition of Property or Money. – The Court, in its order of commitment,
shall make proper provisions for the custody of property or money belonging to the
committed child.
Art. 183. Findings and Other Data. – The Court shall furnish the institution to which
the child has been committed with a copy of its judgment, together with all the social
and other data pertinent to the case.
Art. 184. Expenses. – The expense of maintaining a disabled child in the institution to
which he has been committed shall be borne primarily by the parents or guardian and
secondarily, by such disabled child, if he has property of his own.
In all cases where the expenses for the maintenance of the disabled child cannot be
paid in accordance with the next preceding paragraph, the same, or such part thereof
as may remain unpaid, shall be borne by the Department of Social Welfare.
Art. 185. Children With Cerebral Palsy. – Children afflicted with cerebral palsy shall
be committed to the institution which under the circumstances of the particular child
concerned is best equipped to treat and care for him.
Art. 186. Discharge of Child Judicially Committed. – The Court shall order the
discharge of any child judicially committed to an institution for disabled children if it is
certified by the Department of Social Welfare that:
(1) He has been certified by the duly licensed disabled child placement agency to be
no longer a hazard to himself or to the community;
(2) He has been sufficiently rehabilitated from his physical handicap or, if of work
age, is already fit to engage in a gainful occupation; or
(3) He has been relieved of his emotional problems and complexes and is ready to
assume normal social relations.
Art. 187. Discharge of Child Voluntarily Committed. – Any child voluntarily

committed to an institution for disabled children may be discharged by the Department
of Social Welfare motu proprio or upon the request of his parents or guardian on any of
the grounds specified in the preceding article. In the latter case, the Department of
Social Welfare may refuse to discharge the child if, in its opinion, his release would be
prejudicial to him or to the community.
Art. 188. Assistance of Fiscal. – The provincial or city fiscal shall represent the
Department of Social Welfare or any recognized legal association in all judicial matters
arising under the provisions of this Chapter.
Chapter 3
YOUTHFUL OFFENDERS

Art. 189. Youthful Offender Defined. – A youthful offender is one who is over nine
years but under twenty-one years of age at the time of the commission of the offense.
A child nine years of age or under at the time of the offense shall be exempt from
criminal liability and shall be committed to the care of his or her father or mother, or
nearest relative or family friend in the discretion of the court and subject to its
supervision. The same shall be done for a child over nine years and under fifteen years
of age at the time of the commission of the offense, unless he acted with discernment,
in which case he shall be proceeded against in accordance with Article 192.
The provisions of Article 80 of the Revised Penal Code shall be deemed modified by

the provisions of this Chapter.
Art. 190. Physical and Mental Examination. – It shall be the duty of the law-
enforcement agency concerned to take the youthful offender, immediately after his
apprehension, to the proper medical or health officer for a thorough physical and mental
examination. Whenever treatment for any physical or mental defect is indicated, steps
shall be immediately undertaken to provide the same.
The examination and treatment papers shall form part of the record of the case of the
youthful offender.
Art. 191. Care of Youthful Offender Held for Examination or Trial. – A youthful
offender held for physical and mental examination or trial or pending appeal, if unable to
furnish bail, shall from the time of his arrest be committed to the care of the Department
of Social Welfare or the local rehabilitation center or a detention home in the province or
city which shall be responsible for his appearance in court whenever required: Provided,
That in the absence of any such center or agency within a reasonable distance from the
venue of the trial, the provincial, city and municipal jail shall provide quarters for youthful
offenders separate from other detainees. The court may, in its discretion, upon
recommendation of the Department of Social Welfare or other agency or agencies
authorized by the Court, release a youthful offender on recognizance, to the custody of
his parents or other suitable person who shall be responsible for his appearance
whenever required.
Art. 192. Suspension of Sentence and Commitment of Youthful Offender. – If after
hearing the evidence in the proper proceedings, the court should find that the youthful
offender has committed the acts charged against him the court shall determine the
imposable penalty, including any civil liability chargeable against him. However, instead
of pronouncing judgment of conviction, the court shall suspend all further proceedings
and shall commit such minor to the custody or care of the Department of Social Welfare,
or to any training institution operated by the government, or duly licensed agencies or
any other responsible person, until he shall have reached twenty-one years of age or,
for a shorter period as the court may deem proper, after considering the reports and
recommendations of the Department of Social Welfare or the agency or responsible
individual under whose care he has been committed.
The youthful offender shall be subject to visitation and supervision by a representative

of the Department of Social Welfare or any duly licensed agency or such other officer as
the Court may designate subject to such conditions as it may prescribe.
Art. 193. Appeal. – The youthful offender whose sentence is suspended can appeal
from the order of the court in the same manner as appeals in criminal cases.
Art. 194. Care and Maintenance of Youthful Offender. – The expenses for the care
and maintenance of the youthful offender whose sentence has been suspended shall be
borne by his parents or those persons liable to support him: Provided, That in case his
parents or those persons liable to support him can not pay all or part of said expenses,
the municipality in which the offense was committed shall pay one-third of said
expenses or part thereof; the province to which the municipality belongs shall pay one-
third; and the remaining one-third shall be borne by the National Government.
Chartered cities shall pay two-thirds of said expenses; and in case a chartered city
cannot pay said expenses, part of the internal revenue allotments applicable to the
unpaid portion shall be withheld and applied to the settlement of said indebtedness.
All city and provincial governments must exert efforts for the immediate establishment of
local detention homes for youthful offenders.
Art. 195. Report on Conduct of Child. – The Department of Social Welfare or its
representative or duly licensed agency or individual under whose care the youthful
offender has been committed shall submit to the court every four months or oftener as
may be required in special cases, a written report on the conduct of said youthful
offender as well as the intellectual, physical, moral, social and emotional progress made
by him.
Art. 196. Dismissal of the Case. – If it is shown to the satisfaction of the court that the
youthful offender whose sentence has been suspended, has behaved properly and has
shown his capability to be a useful member of the community, even before reaching the
age of majority, upon recommendation of the Department of Social Welfare, it shall
dismiss the case and order his final discharge.
Art. 197. Return of the Youth Offender to Court. – Whenever the youthful offender
has been found incorrigible or has willfully failed to comply with the conditions of his
rehabilitation programs, or should his continued stay in the training institution be
inadvisable, he shall be returned to the committing court for the pronouncement of
judgment.
When the youthful offender has reached the age of twenty-one while in commitment, the
court shall determine whether to dismiss the case in accordance with the next preceding
article or to pronounce the judgment of conviction.
In any case covered by this article, the youthful offender shall be credited in the service
of his sentence with the full time spent in actual commitment and detention effected
under the provisions of this Chapter.
Art. 198. Effect of Release of Child Based on Good Conduct. – The final release of
a child pursuant to the provisions of this Chapter shall not obliterate his civil liability for
damages. Such release shall be without prejudice to the right for a writ of execution for
the recovery of civil damages.
Art. 199. Living Quarters for Youthful Offenders Sentence. – When a judgment of
conviction is pronounced in accordance with the provisions of Article 197, and at the
time of said pronouncement the youthful offender is still under twenty-one, he shall be
committed to the proper penal institution to serve the remaining period of his sentence:
Provided, That penal institutions shall provide youthful offenders with separate quarters
and, as far as practicable, group them according to appropriate age levels or other
criteria as will insure their speedy rehabilitation: Provided, further, That the Bureau of
Prisons shall maintain agricultural and forestry camps where youthful offenders may
serve their sentence in lieu of confinement in regular penitentiaries.
Art. 200. Records of Proceedings. – Where a youthful offender has been charged
before any city or provincial fiscal or before any municipal judge and the charges have
been ordered dropped, all the records of the case shall be destroyed immediately
thereafter.
Where a youthful offender has been charged and the court acquits him, or dismisses
the case or commits him to an institution and subsequently releases him pursuant to
this Chapter, all the records of his case shall be destroyed immediately after such
acquittal, dismissal or release, unless civil liability has also been imposed in the criminal
action, in which case such records shall be destroyed after satisfaction of such civil
liability. The youthful offender concerned shall not be held under any provision of law, to
be guilty of perjury or of concealment or misrepresentation by reason of his failure to
acknowledge the case or recite any fact related thereto in response to any inquiry made
of him for any purpose.
“Records” within the meaning of this article shall include those which may be in the files
of the National Bureau of Investigation and with any police department, or any other
government agency which may have been involved in the case.
Art. 201. Civil Liability of Youthful Offenders. – The civil liability for acts committed
by a youthful offender shall devolve upon the offender’s father and, in case of his death
or incapacity, upon the mother, or in case of her death or incapacity, upon the guardian.
Civil liability may also be voluntarily assumed by a relative or family friend of the
youthful offender.
Art. 202. Rehabilitation Centers. – The Department of Social Welfare shall establish

regional rehabilitation centers for youthful offenders. The local government and other
non-governmental entities shall collaborate and contribute their support for the
establishment and maintenance of these facilities.
Art. 203. Detention Homes. – The Department of Local Government and
Community Development shall establish detention homes in cities and provinces
distinct and separate from jails pending the disposition of cases of juvenile offenders.
Art. 204. Liability of Parents or Guardian or Any Person in the Commission of

Delinquent Acts by Their Children or Wards. – A person whether the parent or
guardian of the child or not, who knowingly or willfully,
(1) Aids, causes, abets or connives with the commission by a child of a delinquency,
or
(2) Does any act producing, promoting, or contributing to a child’s being or
becoming a juvenile delinquent, shall be punished by a fine not exceeding five hundred
pesos or to imprisonment for a period not exceeding two years, or both such fine and
imprisonment, at the discretion of the court.
TITLE IX
COUNCIL FOR THE WELFARE OF CHILDREN AND YOUTH
Chapter 1
CREATION AND COMPOSITION
Art. 205. Creation of the Council for the Welfare of Children. – A Council for the
Welfare of Children is hereby established under the Office of President. The Council
shall be composed of the Secretary of Social Welfare as Chairman, and seven
members, namely: The Secretary of Justice, the Secretary of Labor, the Secretary of
Education and Culture, the Secretary of Health, the Presiding Judge of the Juvenile and
Domestic Relations Court, City of Manila, and two representatives of voluntary welfare
associations to be appointed by the President of the Philippines, each of whom shall
hold office for a term two years.
There shall be a permanent Secretariat for the Council headed by an Executive
Director, to be appointed by the Chairman and approved by a majority of the members
of the Council.
For actual attendance at regular meetings, the Chairman and each member of the
Council shall receive a per diem of one hundred pesos for every meeting actually
attended, but the total amount of per diem that the Chairman and a member may
receive in a month shall in no case exceed five hundred pesos.
Art. 206. Appropriation. – The sum of five million pesos is hereby appropriated, out of
any funds in the National Treasury not otherwise appropriated, for the operation and
maintenance of the Council for the Welfare of Children and Youth during the fiscal year.
Thereafter, such sums as may be necessary for its operation and maintenance shall be
included in the General Appropriations Decree.
Chapter 2
POWERS AND RESPONSIBILITIES
Art. 207. Powers and Functions. – The Council for the Welfare of Children and Youth
shall have the following powers and functions:
(1) To coordinate the implementation and enforcement of all laws relative to the
promotion of child and youth welfare;
(2) To prepare, submit to the President and circulate copies of long-range programs
and goals for the physical, intellectual , emotional, moral, spiritual, and social
development of children and youth, and to submit to him an annual report of the
progress thereof;
(3) To formulate policies and devise, introduce, develop and evaluate programs and
services for the general welfare of children and youth;
(4) To call upon and utilize any department, bureau, office, agency, or
instrumentality, public, private or voluntary, for such assistance as it may require in the
performance of its functions;
(5) Perform such other functions as provided by law.

Art. 208. Offices to Coordinate with the Council for Welfare of Children. – The
following offices and agencies shall coordinate with the Council for the Welfare of
Children and Youth in the implementation of laws and programs on child and youth
welfare:
(1) Department of Justice
(2) Department of Social Welfare
(3) Department of Education and Culture
(4) Department of Labor
(5) Department of Health
(6) Department of Agriculture
(7) Department of Local Government and Community Development;
(8) Local Councils for the Protection of Children; and such other government
and private agencies which have programs on child and youth welfare.
Existing as well as proposed programs of the above-named agencies as well as

other government and private child and youth welfare agencies as may be hereafter
created shall be implemented by such agencies: Provided, That, with the exception of
those proposed by the Local Councils for the Protection of Children, all long-range child
and youth welfare programs shall, before implementation, be indorsed by the agencies
concerned to their respective departments, which shall in turn indorse the same to the
Council for the Welfare on Children and Youth, for evaluation, cooperation and
coordination.
Chapter 3
IMPLEMENTATION OF CODE AND RULE-MAKING AUTHORITY
Art. 209. Implementation of this Code and Rule-Making Authority. – The

enforcement and implementation of this Code shall be the primary responsibility of the
Council for the Welfare of Children. Said Council shall have authority to promulgate the
necessary rules and regulations for the purpose of carrying into effect the provisions of
this Code.
FINAL PROVISIONS
Art. 210. General Penalty. – Violations of any provisions of this Code for which no
penalty is specifically provided shall be punished by imprisonment not exceeding one
month or a fine not exceeding two hundred pesos, or both such fine and imprisonment
at the discretion of the court, unless a higher penalty is provided for in the Revised
Penal Code or special laws.
Art. 211. Repealing Clause. – All laws or parts of any laws inconsistent with the
provisions of this Code are hereby repealed or modified accordingly: Provided, That the
provisions of the Dangerous Drugs Act of 1972 and amendments thereto shall continue
to be in force and shall not be deemed modified or repealed by any provision of this
Code.
Art. 212. Separability Clause. – If any provision of this Code is held invalid, the other
provisions not affected thereby shall continue in operation.
Art. 213. Effectivity Clause. – This Code shall take effect six months after its approval.
Presidential Decree 1509

OFFICE OF THE PRESIDENT OF THE PHILIPPINES
MalacaÃ±ang Palace, Manila
PRESIDENTIAL DECREE NO. 1509
CREATING THE NATIONAL COMMISSION CONCERNING DISABLED PERSONS
AND FOR OTHER PURPOSES
WHEREAS, the national government recognizes responsibility to provide the
handicapped with the fullest measure of protection and assistance to help develop their
abilities in all fields of endeavor and to promote their integration into the mainstream of
society, as well as its primary duty for the prevention of physical and mental disabilities;
WHEREAS, the national government is also cognizant of the limitations of the existing
system for delivery of services to the handicapped in this country and of the pressing
need for the creation and development of new facilities to extend the range of
rehabilitation services, as well as the expansion of existing ones to meet actual needs;
WHEREAS, there is an increasing awareness of the citizenry of the national problem of
disability and of their joint responsibility with the government to be involved in the
national effort to seek solutions to the problem;
WHEREAS, the national leadership notes, with great concern, that in the pursuit of this
responsibility, there has been a proliferation of activities and programs for the welfare of
the handicapped by government agencies and private organizations and that for lack of
central direction and coordination, there is widespread overlapping and duplication of
efforts, thereby resulting in the wastage of scarce resources and professional services
and impairing the achievement of definite goals;
WHEREAS, the above conditions and the lack of organized and comprehensive
information on the nature and extent of the national problem of disability, render it
imperative for the national leadership to create a central authority that will direct,
coordinate and integrate planning, management and implementation of all activities,
national and local, public and private, pertaining to the welfare of the handicapped, in a
manner which will ensure maximum and efficient utilization of human and natural
resources for the attainment of this national goal, on the basis of comprehensive data
and information.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the
Philippines, by virtue of the power vested in me by the constitution, do hereby order and
decree:
SECTION 1. Declaration of Policy. The government of the Republic of the Philippines
hereby declares its full acceptance and support for the United Nations Economic and
Social Council Resolution of May 6, 1975, particularly the following portion:
“Believing that the problem of disability is an appreciable component of the economic
and social condition of every country and, consequently, that programs to prevent
disability and to rehabilitate the disabled for an essential part of comprehensive plans
for economic and social development, responsibility for which much be assumed by
governments working, as appropriate, with non-governmental organization.”
SECTION 2. Creation of the National Commission Concerning Disabled Persons. There
is hereby created a National Commission hereinafter referred to as the “Commission”,
which shall be under the supervision and control of the Office of the President of the
Philippines.
SECTION 3. Objectives of the Commission.- The Commission shal have the following
objectives:
a. To prepare and adopt an integrated and comprehensive long-term National
Rehabilitation Plan, which will ensure the protection of the rights of the handicapped,
provide services for their needs and at the same time insure adequate safeguards for
the prevention of disability – taking into consideration the National Rehabilitation Plan
prepared by an Ad-Hoc Committee that maybe created for this purpose;
b. To insure that all programs and services for the welfare of the handicapped are
universal and accessible to all segments of society;
c. To conduct comprehensive and continuing studies on rehabilitation services on the
problems and causes of disability, covering all major areas of concern – social, medical,
education and vocational – and to make corresponding recommendations on the basis
of its findings;
d. To propose new policies and new legislation, or amendments to existing ones, that
will ensure the attainment of its objectives;
e. To act as overall coordinating body to rationalize the functions and activities of
government agencies, private entities and international organizations operating in the
Philippines, and the enforcement of laws related to and affecting the handicapped;
f. To establish, maintain and expand contacts with international public and private
organizations concerned with the handicapped, and to keep abreast with international
standards and the latest developments in the international rehabilitation community;
g. To act as a national consultative and advisory body to the President on matters within
its competence;
h. To ensure the fullest participation and involvement of handicapped persons in the
rehabilitation process; and
i. To educate and reorient the general public in its attitude and thinking in regard to the
disabled.
SECTION 4. Powers and Functions of the Commission.
a. To monitor and evaluate all projects, programs and activities pertaining to the welfare
of the handicapped and to take appropriate steps to ensure that they comply with
established priorities, standards and guidelines;
b. To undertake continuing research studies or surveys on various topics pertaining to
the rehabilitation of the handicapped;
c. To conduct public hearings, conferences, or meetings on any issues related to its
areas of responsibility, as it deems appropriate
d. To maintain continuing educational, training and information programs to promote its
objectives;
e. To maintain such implementing mechanisms as may be necessary to enable it to
perform its role as the national coordinating body for all agencies and organizations
concerned with the handicapped;
f. To prepare periodic reports to the President on the status of its activities;
g. To seek the assistance of or to commission any department, bureau, office, agency,
state university or college and other government instrumentalities in the form of
personnel, facilities and other resources when such assistance/commission is
necessary for the attainment of its objectives;
h. To supervise in coordination with line agencies, pilot demonstration projects and
programs; and
i. To establish standards and guidelines in the organization and management of
rehabilitation facilities and programs;
j. To encourage the setting up of an office to disseminate information and relevant
materials;
k. To make recommendations which would guarantee the establishment of a data
banking system, to compile the latest information, statistics and materials pertaining to
rehabilitation and related disciplines;
l. To encourage the setting up of a Central Reference Office for disabled clients in need
of assistance and to establish linkage to maintain an effective referral system.
SECTION 5. Composition of the Commission. – All functions and powers of the
Commission shall be vested in a Board of Commissioners, hereinafter referred to as the
“Board”, which shall be composed of a chairman who shall be appointed by the
President and the following as members;
a. Director General, National Economic and Development Authority
b. Secretary of Health
c. Secretary of Labor
d. Secretary of Social Services and Development
e. Secretary of National Defense
f. Secretary of Education and Culture
g. The Presidential Assistant of Legal Affairs
h. President of the Philippine Foundation for the Rehabilitation of Disabled, Inc.
i. President of Veterans Federation of the Philippines
j. Two (2) disabled persons to be selected by the Commission
k. Three (3) representatives from the private sector as members.
SECTION 6. Duties of the Chairman. – The Chairman shall perform the following duties;
a. To call and preside over the meetings of the Board;
b. To disburse, administer and obligate funds of the Commission, subject to the aproval
of the Board;
c. To conduct and manage the affairs of the Commission;
d. To ensure that the decision and policies of the Board are implemented;
e. To sign for and represent the Commission;
f. To accept on behalf of the Commission, gifts, grants or donations and to administer,
obligate and disburse the same in accordance with policies and regulations
promulgated by the Board;
g. To organize permanent or ad-hoc committee, consisting of members of the Board or
such other experts as are deemed necessary for the discharge of the functions of the
Commission.
SECTION 7. The Secretariat. The Philippine Foundation for the Rehabilitation of
Disabled, Inc. shall serve as the Secretariat for the Commission and will provide the
machinery to coordinate policy functions, implementation of programs and the
organization of such services as may be required by the Board in the exercise of its
functions.
The Secretariat shall be headed by the Executive Director of the Philippine Foundation
for the Rehabilitation of Disabled, Inc., who will also act as Action Officer and Secretary
for the Commission.
The PFRD will be reimbursed for the actual cost of services performed for the
Commission, upon certification of the PFRD President and approval of the Chairman.
SECTION 8. Meetings. The Board shall meet every month or oftener at the call of the
Chairman.
Five (5) members of the Board shall constitute a quorum. However, when a decision is
made by such quorum, it must carry the unanimous vote of all five members to be valid.
SECTION 9. Appropriations. There is hereby appropriated the sum of one million five
hundred thousand pesos out of any funds in the National Treasury not otherwise
appropriated as initial operating funds of the Commission. Thereafter, such Commission
shall be regularly included in subsequent annual general appropriation acts.
SECTION 10. Donations. – The Commission shall be authorized to receive grants,
donations, contributions or gifts in whatever sources, which will then be administered,
obligated or disbursed in accordance with the terms thereof, or, in the absence of such
terms, in such manner as the Board may determine. All such grants, donations,
contributions or gifts to the Commission shall be exempt from customs duties, income
and gift taxes and shall be deductible in full and shall be included for purposes of
computing the maximum deductible under Section 30, paragraph of the National
Internal Revenue Code, as amended.
SECTION 11. Definition of Terms. The following terms as used in this decree shall have
the meanings indicated below:
a. DISABILITY. The lack of or impairment of a physical or mental development of
function of an individual resulting from diseases, illness, accident, or social trauma,
occuring pre- nataly or acquired post-nataly, thereby imposing limitations or barriers to
independent living, intersocial relationships, mobility, education and employment.
b. HANDICAP. A disadvantage suffered by a person which makes achievement
unusually difficult because of some physical and/or psycho-social impairment. It also
refers to the cumulative effect of obstacles which the disadvantage interpose between
the individual and his maximum functional level.
c. REHABILITATION. The restoration of the disabled or handicapped to the fullest
physical, mental, social, and economic usefulness of which he is incapable within the
limitation of the disability of the handicap.
SECTION 12. Repealing Clause. All laws and Executive Orders, or parts thereof,
contrary to, or inconsistent with the provisions of this Decree are hereby repealed,
amended or modified accordingly.
SECTION 13.Effectivity. This decree shall take effect immediately.
Done in the City of Manila, this 11th day of June, in the year of Our Lord, Nineteen
hundred and seventy eight.
(SGD.) FERDINAND E. MARCOS
By the President:
(SGD.) JUAN C. TUVERA
Presidential Assistant
Proclamation No. 361, s. 2000
Signed on August 19, 2000

MALACAÑANG
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
PROCLAMATION NO. 361
DECLARING THE THIRD WEEK OF JULY AS THE NATIONAL DISABILITY

PREVENTION AND REHABILITATION WEEK WHICH SHALL CULMINATE ON THE
BIRTHDATE OF THE SUBLIME PARALYTIC: APOLINARIO MABINI ON JULY 23
EACH YEAR
WHEREAS, Proclamation No. 1870 which was issued on June 22, 1979 has been
declared in observance of the 3rd Week of July as the National Disability Prevention and
Rehabilitation Week;
WHEREAS, July 23 is the birthday of our Sublime Paralytic, Apolinario Mabini, whose

exemplary and dedicated heroic acts during the Philippine Revolution has greatly
influenced the declaration and observance of the disability prevention and rehabilitation
which in effect, has become an outstanding icon for persons with disabilities (PWDs);
WHEREAS, the National Council for the Welfare of the Disabled Persons (NCWDP)
created under Presidential Decree No. 1509, was mandated to serve as the central
authority which will direct, coordinate, and integrate planning and management as well
as implementation of all activities, public and private, pertaining to the welfare of the
handicapped;
WHEREAS, it is the national interest to stimulate public awareness on the problems of

disability, and encourage every citizen to take active responsibility in the upliftment of
the economic and social conditions of the PWDs of our society; thereby, encouraging
them to take pro-active roles in nation building. This necessitates the re-affirmation of
support by this Government in partnership with the Pilipinong May Kapansanan
Foundation, Inc., hand in hand with concerned agencies—spearheaded by NCWDP, as
well as NGOs with and through the participation of the Filipino citizenry.
NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Philippines,

by virtue of the power vested in me by law, do hereby declare the third week of July
every year as the “National Disability Prevention and Rehabilitation Week which shall
culminate on the birthdate of the Sublime Paralytic: Apolinario Mabini on July 23 each
year” under the auspices of the National Council for the Welfare of the Disabled
Persons. In the celebration for the week, all public and private welfare agencies are
hereby enjoined to participate and cooperate actively in propagating the plight of the
PWDs. Any financial contributions and/or fund-raising shall be tax-exempt, (which shall
include the sweepstakes draw, among others).
I call upon the Department of Education, Culture and Sports (DECS), the National
Historical Commission, Philippine Charity Sweepstakes Office, Philippine Postal
Corporation, and other government agencies, as well as the mass media and the entire
citizenry to extend their wholehearted support and cooperation on this worthy
undertaking.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the
Republic of the Philippines to be affixed.
DONE in the City of Manila, this 19th day of August in the year of Our Lord, Two
Thousand.
b. Training on Inclusive Education DECS Order No. 26, s. 1997, or

Institutionalization of SPED Program in All School clearly articulates the adoption of
inclusive education concept in the different SPED programs organized. Hence,
capability building among teachers and school administrators on the adoption of
inclusive education as an approach to educating all types of children was conducted
nationwide. Corps of trainers on inclusive education were likewise put in place in
every region to see to it that all receiving teachers shall be properly oriented on how
to provide appropriate intervention for children with special needs included in the
regular classes. Consequently, some 100 copies of Training Modules on Inclusive
Education were printed for Trainers’ use. Below shows the number of participants
trained in inclusive education which, were also conducted with funding assistance
from CBMI: Training of Trainers No. of participants 2001 83 2002 87 Training of
Administrators No. of participants 2003 510 2004 510 2006 28 2007 114

Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled

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Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled

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Republic Act No.

May 15, 2013

Republic of the Philippines

[REPUBLIC ACT NO. 10533]

AN ACT ENHANCING THE PHILIPPINE BASIC EDUCATION SYSTEM BY

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

SEC. 2. Declaration of Policy. — The State shall establish, maintain and support a

SEC. 4. Enhanced Basic Education Program. — The enhanced basic education

Basic education shall be delivered in languages understood by the learners as the

To achieve an effective enhanced basic education curriculum, the DepED shall

(a) The curriculum shall be learner-centered, inclusive and developmentally appropriate;

(b) The curriculum shall be relevant, responsive and research-based;

(c) The curriculum shall be culture-sensitive;

(d) The curriculum shall be contextualized and global;

SEC. 6. Curriculum Consultative Committee. — There shall be created a curriculum

(c) Training of School Leadership. — Superintendents, principals, subject area

SEC. 8. Hiring of Graduates of Science, Mathematics, Statistics, Engineering and Other

(b) Graduates of technical-vocational courses to teach in their specialized subjects in

SEC. 11. Appropriations. — The Secretary of Education shall include in the

SEC. 13. Joint Congressional Oversight Committee on the Enhanced Basic Educational

SEC. 15. Commitment to International Benchmarks. — The DepED shall endeavor to

SEC. 17. Separability Clause. — If any provision of this Act is held invalid or

January 20, 2012

SECOND REGULAR SESSION

[REPUBLIC ACT NO. 10157]

AN ACT INSTITUTIONALIZING THE KINDERGARTEN EDUCATION INTO THE

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

Kindergarten education is vital to the academic and technical development of the

(a) DepEd shall refer to the Department of Education;

(b) BEE shall refer to the Bureau of Elementary Education;

(c) Kindergarten education shall be understood in this Act to mean one (1) year of

(d) Mother tongue refers to the language first learned by a child.

SEC. 4. Institutionalization of Kindergarten Education. – Kindergarten education is

SEC. 6. Implementing Agency. – The authority to regulate the organization, operation

(2) Interactive strategies;

(3) Use of manipulative games; and

(ii) Small books;

(iii) Big books;

(iv) Experience story;

(v) Primer lessons; and

(vi) Lessons exemplars;

(c) Exercise authority over the operation of private kindergarten institutions;

(e) Introduce innovative programs in kindergarten that shall include educational

SEC. 10. Separability Clause. – If any provision of this Act is held invalid or

Republic Act No. 9155

August 11, 2001

REPUBLIC OF THE PHILIPPINES

Republic Act No. 9155

AN ACT INSTITUTING A FRAMEWORK OF GOVERNANCE FOR BASIC

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

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

(c) Cluster of Schools – is a group of schools which are geographically contiguous and

(d) Formal Education – is the systematic and deliberate process of hierarchically

(e) Informal Education – is a lifelong process of learning by which every person

(f) Integrated Schools – is a school that offers a complete basic education in one

(h) Learning Center – is a physical space to house learning resources and facilities of a

(i) Learning Facilitator – is the key-learning support person who is responsible for

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

(k) Quality Education – is the appropriateness, relevance and excellence of the

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

Governance of Basic Education

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

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