REPUBLIC ACT No.

4670 June 18, 1966

THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS

CHAPTER I. DECLARATION OF POLICY COVERAGE

Section 1. Declaration of Policy. It is hereby declared to be the policy of this Act to promote and improve the
social and economic status of public school teachers, their living and working conditions, their terms of
employment and career prospects in order that they may compare favorably with existing opportunities
in other walks of life, attract and retain in the teaching profession more people with the proper
qualifications, it being recognized that advance in education depends on the qualifications and ability of
the teaching staff and that education is an essential factor in the economic growth of the nation as a
productive investment of vital importance.
Section 2. Title Definition. This Act shall be known as the "Magna Carta for Public School Teachers" and shall
apply to all public school teachers except those in the professorial staff of state colleges and universities.
As used in this Act, the term "teacher" shall mean all persons engaged in classroom teaching, in any level of
instruction, on full-time basis, including guidance counselors, school librarians, industrial arts or
vocational instructors, and all other persons performing supervisory and/or administrative functions in
all schools, colleges and universities operated by the Government or its political subdivisions; but shall
not include school nurses, school physicians, school dentists, and other school employees.

CHAPTER II. RECRUITMENT AND CAREER

Section 3. Recruitment and Qualification. Recruitment policy with respect to the selection and appointment
of teachers shall be clearly defined by the Department of Education: Provided, however, That effective
upon the approval of this Act, the following shall constitute the minimum educational qualifications for
teacher-applicants:
(a) For teachers in the kindergarten and elementary grades, Bachelor's degree in Elementary Education (B.S.E.ED.);
(b) For teachers of the secondary schools, Bachelor's degree in Education or its equivalent with a major and a minor; or a
Bachelor's degree in Arts or Science with at least eighteen professional units in Education.
(c) For teachers of secondary vocational and two years technical courses, Bachelor's degree in the field of specialization
with at least eighteen professional units in education;
(d) For teachers of courses on the collegiate level, other than vocational, master's degree with a specific area of
specialization;
Provided, further, That in the absence of applicants who possess the minimum educational qualifications as hereinabove
provided, the school superintendent may appoint, under a temporary status, applicants who do not meet the
minimum qualifications: Provided, further, That should teacher-applicants, whether they possess the minimum
educational qualifications or not, be required to take competitive examinations, preference in making
appointments shall be in the order of their respective ranks in said competitive examinations: And provided,
finally, That the results of the examinations shall be made public and every applicant shall be furnished with his
score and rank in said examinations.

Section 4. Probationary Period. When recruitment takes place after adequate training and professional
preparation in any school recognized by the Government, no probationary period preceding regular
appointment shall be imposed if the teacher possesses the appropriate civil service eligibility: Provided,
however, That where, due to the exigencies of the service, it is necessary to employ as teacher a person
who possesses the minimum educational qualifications herein above set forth but lacks the appropriate
civil service eligibility, such person shall be appointed on a provisional status and shall undergo a period
of probation for not less than one year from and after the date of his provisional appointment.
Section 5. Tenure of Office. Stability on employment and security of tenure shall be assured the teachers as
provided under existing laws.
Subject to the provisions of Section three hereof, teachers appointed on a provisional status for lack of necessary civil
service eligibility shall be extended permanent appointment for the position he is holding after having rendered at
least ten years of continuous, efficient and faithful service in such position.
Section 6. Consent for Transfer Transportation Expenses. Except for cause and as herein otherwise
provided, no teacher shall be transferred without his consent from one station to another.
Where the exigencies of the service require the transfer of a teacher from one station to another, such transfer may be
effected by the school superintendent who shall previously notify the teacher concerned of the transfer and the
reason or reasons therefor. If the teacher believes there is no justification for the transfer, he may appeal his case
to the Director of Public Schools or the Director of Vocational Education, as the case may be. Pending his appeal
and the decision thereon, his transfer shall be held in abeyance: Provided, however, That no transfers whatever
shall be made three months before any local or national election.
Necessary transfer expenses of the teacher and his family shall be paid for by the Government if his transfer is finally
approved.

Section 7. Code of Professional Conduct for Teachers. Within six months from the approval of this Act, the
Secretary of Education shall formulate and prepare a Code of Professional Conduct for Public School
Teachers. A copy of the Code shall be furnished each teacher: Provided, however, That where this is not
possible by reason of inadequate fiscal resources of the Department of Education, at least three copies of
the same Code shall be deposited with the office of the school principal or head teacher where they may
be accessible for use by the teachers.
Section 8. Safeguards in Disciplinary Procedure. Every teacher shall enjoy equitable safeguards at each stage
of any disciplinary procedure and shall have:
a. the right to be informed, in writing, of the charges;
b. the right to full access to the evidence in the case;
c. the right to defend himself and to be defended by a representative of his choice and/or by his organization, adequate
time being given to the teacher for the preparation of his defense; and
d. the right to appeal to clearly designated authorities.
No publicity shall be given to any disciplinary action being taken against a teacher during the pendency of his case.

Section 9. Administrative Charges. Administrative charges against a teacher shall be heard initially by a
committee composed of the corresponding School Superintendent of the Division or a duly authorized
representative who should at least have the rank of a division supervisor, where the teacher belongs, as
chairman, a representative of the local or, in its absence, any existing provincial or national teacher's
organization and a supervisor of the Division, the last two to be designated by the Director of Public
Schools. The committee shall submit its findings and recommendations to the Director of Public Schools
within thirty days from the termination of the hearings: Provided, however, That where the school
superintendent is the complainant or an interested party, all the members of the committee shall be
appointed by the Secretary of Education.
Section 10. No Discrimination. There shall be no discrimination whatsoever in entrance to the teaching
profession, or during its exercise, or in the termination of services, based on other than professional
consideration.
Section 11. Married Teachers. Whenever possible, the proper authorities shall take all steps to enable married
couples, both of whom are public school teachers, to be employed in the same locality.
Section 12. Academic Freedom. Teachers shall enjoy academic freedom in the discharge of their professional
duties, particularly with regard to teaching and classroom methods.

CHAPTER III. HOURS OF WORK AND REMUNERATION

Section 13. Teaching Hours. Any teacher engaged in actual classroom instruction shall not be required to
render more than six hours of actual classroom teaching a day, which shall be so scheduled as to give
him time for the preparation and correction of exercises and other work incidental to his normal teaching
duties: Provided, however, That where the exigencies of the service so require, any teacher may be
required to render more than six hours but not exceeding eight hours of actual classroom teaching a day
upon payment of additional compensation at the same rate as his regular remuneration plus at least
twenty-five per cent of his basic pay.
Section 14. Additional Compensation. Notwithstanding any provision of existing law to the contrary, co-
curricula and out of school activities and any other activities outside of what is defined as normal duties
of any teacher shall be paid an additional compensation of at least twenty-five per cent of his regular
remuneration after the teacher has completed at least six hours of actual classroom teaching a day.
In the case of other teachers or school officials not engaged in actual classroom instruction, any work performed in excess
of eight hours a day shall be paid an additional compensation of at least twenty-five per cent of their regular
remuneration.
The agencies utilizing the services of teachers shall pay the additional compensation required under this section.1âшphi1
Education authorities shall refuse to allow the rendition of services of teachers for other government agencies
without the assurance that the teachers shall be paid the remuneration provided for under this section.

Section 15. Criteria for Salaries. Teacher's salaries shall correspond to the following criteria:
(a) they shall compare favorably with those paid in other occupations requiring equivalent or similar qualifications,
training and abilities;
(b) they shall be such as to insure teachers a reasonable standard of life for themselves and their families; and
(c) they shall be properly graded so as to recognize the fact that certain positions require higher qualifications and greater
responsibility than others: Provided, however, That the general salary scale shall be such that the relation between
the lowest and highest salaries paid in the profession will be of reasonable order. Narrowing of the salary scale
shall be achieved by raising the lower end of the salary scales relative to the upper end.

Section 16. Salary Scale. Salary scales of teachers shall provide for a gradual progression from a minimum to a
maximum salary by means of regular increments, granted automatically after three years: Provided, That
the efficiency rating of the teacher concerned is at least satisfactory. The progression from the minimum
to the maximum of the salary scale shall not extend over a period of ten years.
Section 17. Equality in Salary Scales. The salary scales of teachers whose salaries are appropriated by a city,
municipal, municipal district, or provincial government, shall not be less than those provided for
teachers of the National Government.
Section 18. Cost of Living Allowance. Teacher's salaries shall, at the very least, keep pace with the rise in the
cost of living by the payment of a cost-of-living allowance which shall automatically follow changes in
a cost-of-living index. The Secretary of Education shall, in consultation with the proper government
entities, recommend to Congress, at least annually, the appropriation of the necessary funds for the cost-
of-living allowances of teachers employed by the National Government. The determination of the cost-
of-living allowances by the Secretary of Education shall, upon approval of the President of the
Philippines, be binding on the city, municipal or provincial government, for the purposes of calculating
the cost-of-living allowances of teachers under its employ.
Section 19. Special Hardship Allowances. In areas in which teachers are exposed to hardship such as
difficulty in commuting to the place of work or other hazards peculiar to the place of employment, as
determined by the Secretary of Education, they shall be compensated special hardship allowances
equivalent to at least twenty-five per cent of their monthly salary.
Section 20. Salaries to be Paid in Legal Tender. Salaries of teachers shall be paid in legal tender of the
Philippines or its equivalent in checks or treasury warrants. Provided, however, That such checks or
treasury warrants shall be cashable in any national, provincial, city or municipal treasurer's office or any
banking institutions operating under the laws of the Republic of the Philippines.
Section 21. Deductions Prohibited. No person shall make any deduction whatsoever from the salaries of
teachers except under specific authority of law authorizing such deductions: Provided, however, That
upon written authority executed by the teacher concerned, (1) lawful dues and fees owing to the
Philippine Public School Teachers Association, and (2) premiums properly due on insurance policies,
shall be considered deductible.

CHAPTER IV. HEALTH MEASURES AND INJURY BENEFITS

Section 22. Medical Examination and Treatment. Compulsory medical examination shall be provided free of
charge for all teachers before they take up teaching, and shall be repeated not less than once a year
during the teacher's professional life. Where medical examination show that medical treatment and/or
 hospitalization is necessary, same shall be provided free by the government entity paying the salary of
the teachers.
In regions where there is scarcity of medical facilities, teachers may obtain elsewhere the necessary medical care with the
right to be reimbursed for their traveling expenses by the government entity concerned in the first paragraph of
this Section.

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

CHAPTER V. LEAVE AND RETIREMENT BENEFITS

Section 24. Study Leave. In addition to the leave privileges now enjoyed by teachers in the public schools, they
shall be entitled to study leave not exceeding one school year after seven years of service. Such leave
shall be granted in accordance with a schedule set by the Department of Education. During the period of
such leave, the teachers shall be entitled to at least sixty per cent of their monthly salary: Provided,
however, That no teacher shall be allowed to accumulate more than one year study leave, unless he
needs an additional semester to finish his thesis for a graduate study in education or allied courses:
Provided, further, That no compensation shall be due the teacher after the first year of such leave. In all
cases, the study leave period shall be counted for seniority and pension purposes.
The compensation allowed for one year study leave as herein provided shall be subject to the condition that the teacher
takes the regular study load and passes at least seventy-five per cent of his courses. Study leave of more than one
year may be permitted by the Secretary of Education but without compensation.

Section 25. Indefinite Leave. An indefinite sick leave of absence shall be granted to teachers when the nature
of the illness demands a long treatment that will exceed one year at the least.
Section 26. Salary Increase upon Retirement. Public school teachers having fulfilled the age and service
requirements of the applicable retirement laws shall be given one range salary raise upon retirement,
which shall be the basis of the computation of the lump sum of the retirement pay and the monthly
benefits thereafter.

CHAPTER VI. TEACHER'S ORGANIZATION

Section 27. Freedom to Organize. Public school teachers shall have the right to freely and without previous
authorization both to establish and to join organizations of their choosing, whether local or national to
further and defend their interests.
Section 28. Discrimination Against Teachers Prohibited. The rights established in the immediately preceding
Section shall be exercised without any interference or coercion. It shall be unlawful for any person to
commit any acts of discrimination against teachers which are calculated to
(a) make the employment of a teacher subject to the condition that he shall not join an organization, or shall relinquish
membership in an organization,
(b) to cause the dismissal of or otherwise prejudice a teacher by reason of his membership in an organization or because of
participation in organization activities outside school hours, or with the consent of the proper school authorities,
within school hours, and
(c) to prevent him from carrying out the duties laid upon him by his position in the organization, or to penalize him for an
action undertaken in that capacity.

Section 29. National Teacher's Organizations. National teachers' organizations shall be consulted in the
formulation of national educational policies and professional standards, and in the formulation of
national policies governing the social security of the teachers.

CHAPTER VII. ADMINISTRATION AND ENFORCEMENT

Section 30. Rules and Regulations. The Secretary of Education shall formulate and prepare the necessary rules
and regulations to implement the provisions of this Act. Rules and regulations issued pursuant to this
Section shall take effect thirty days after publication in a newspaper of general circulation and by such
other means as the Secretary of Education deems reasonably sufficient to give interested parties general
notice of such issuance.
Section 31. Budgetary Estimates. The Secretary of Education shall submit to Congress annually the necessary
budgetary estimates to implement the provisions of the Act concerning the benefits herein granted to
public school teachers under the employ of the National Government.
Section 32. Penal Provision. A person who shall willfully interfere with, restrain or coerce any teacher in the
exercise of his rights guaranteed by this Act or who shall in any other manner commit any act to defeat
any of the provisions of this Act shall, upon conviction, be punished by a fine of not less than one
hundred pesos nor more than one thousand pesos, or by imprisonment, in the discretion of the court.
If the offender is a public official, the court shall order his dismissal from the Government service.

Section 33. Repealing Clause. All Acts or parts of Acts, executive orders and their implementing rules
inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.
Section 34. Separability Clause. If any provision of this Act is declared invalid, the remainder of this Act or
any provisions not affected thereby shall remain in force and in effect.
Section 35. This Act shall take effect upon its approval.
Approved: June 18, 1966

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PRESIDENTIAL DECREE NO 1006

PROVIDING FOR THE PROFESSIONALIZATION OF TEACHERS, REGULATING THEIR

PRACTICE IN THE PHILIPPINES AND FOR OTHER PURPOSES

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

Section 1. Title. This Decree shall be known as the Decree Professionalizing Teaching.
Section 2. Declaration of Policy. It is hereby declared a policy that teacher education shall be given primary
concern and attention by the government and shall be of the highest quality, and strongly oriented to
Philippine conditions and to the needs and aspirations of the Filipino people even as it seeks enrichment
from adoptable ideas and practices of other people.
Section 3. Definition of Terms. As used in this Decree, the following shall be construed as follows:
(a) Teaching refers to the profession primarily concerned with the classroom instruction, at the elementary and secondary
levels, in accordance with the curriculum prescribed by National Board of Education, whether on part-time or
full-time basis in the public or private schools.
(b) Teachers refers to all persons engaged in teaching at the elementary and secondary levels, whether on a full-time or
part-time basis, including guidance counselors, school librarians, industrial arts or vocational teachers and all
other persons performing supervisory and/or administrative functions in all schools in the aforesaid levels and
legally qualified to practice teaching under this Decree.
(c)Board refers to the National Board for Teachers duly constituted under this Decree.

Section 4. Creation of the National Board for Teachers. There is hereby created a National Board for
Teachers, hereinafter called the Board, to be composed of the following:
1) Secretary of Education and Culture Co-Chairman
2) Chairman, Civil Service Commission
3) Commissioner, Professional Regulations Commission Member
4) Two members representing the private sector to be appointed by the President
Section 5. Powers and Duties. The Board shall have the following powers and duties:
(a) Appoint a set of examiners for every examination who will determine and prepare the contents of the Board
examination for teachers, hereinafter referred to as examination, in the elementary and secondary levels of
instruction, to be held at least once a year;
(b) Determine and fix the places and dates of examination, appoint supervisors and room examiners from among the
employees of the Government who shall be entitled to a daily allowance to be fixed by the Board for every
examination day actually attended, use the buildings and facilities of public and private schools for examination
purposes, approve applications to take examination, and approve the release of examination results;
(c) Look from time to time into the conditions affecting the practice of the teaching profession, adopt such measures as
may be deemed proper for the enhancement of said profession, and/or maintenance of the professional standards
and ethics;
(d) Issue, suspend, revoke, replace or reissue Professional Teachers Certificate, and administer oaths;
(e) Appoint, subject to the provisions of existing laws, such officials and employees as are necessary in the effective
performance of its functions and responsibilities, prescribe their duties and fix their compensation;
(f) Prescribe and collect examination and other fees as it may deem proper; and
(g) Promulgate rules and regulations, and exercise such other powers, functions and duties as may be necessary to carry
into effect the purposes of this Decree.

Section 6. Qualification Requirements for Examination Applicants. No applicant shall be admitted to take
the examination unless, on the date of filing of the application, he shall have complied with the
following requirements:
(a) Except those who have been engaged in teaching as herein defined for at least five years in schools in the Philippines
not organized exclusively for nationals of a foreign country at the time of the effectivity of this Decree, the
applicant must be a citizen of the Philippines;
(b) That he is of good moral character;
(c) That he is free from any physical and/or mental defect which will incapacitate him to render efficient service; and
(d) That he possesses the following minimum educational qualifications:
1) For teachers in the kindergarten and elementary grades, Bachelor's degree in Elementary Education (B.S.E.Ed.)
or its equivalent;
2) For teachers of the secondary schools, Bachelor's degree in Education or its equivalent with a major and minor,
or a Bachelor's degree in Arts or Sciences with at least eighteen units in professional education; and
3) For teachers of secondary vocational and two-year technical courses, Bachelor's degree in the field of
specialization with at least eighteen units in professional education.
All applications shall be filed with an office or offices designated by the Board, preferably the offices of the Civil Service
Commission and the Department of Education and Culture.
These offices shall screen and approve such applications and issue the corresponding permits to take the examination to
qualify applicants.

Section 7. Appointment of Examiners. The Board shall appoint a set of examiners for every examination who
are recognized authority in teacher education, and their names shall not be disclosed until after the
release of the results of the examination. They shall each receive as compensation the sum of not less
than P5.00 for each examinee as may be determined by the Board but in no case shall each examiner
receive more than P18,000 per examination. Any examiner who is in the service of the Government
shall receive the compensation herein provided in addition to his salary.
Section 8. Scope of the Examination. The examination shall consist of written tests, the scope of which shall
be determined by the Board, taking into consideration the teaching plan of the schools legally
constituted in the Philippines.
Section 9. Ratings in the Examination. In order that a candidate may be deemed to have successfully passed
the examinations, he must have obtained a general average of at least 70 per cent in all subjects, with no
rating below 50 per cent in any subject.
Section 10. Report of the Results of Examination. The examiners shall report the ratings obtained by each
candidate to the Board within 150 days after the last day of the examination, unless extended by the
latter.
Section 11. Issuance of Certificates. Teachers who have passed examinations given by the Civil Service
Commission or jointly by the Civil Service Commission and the Department of Education and Culture
shall be considered as having passed the board examinations for teachers. The Board may consider their
certificates of rating as certificates of eligibility or issue an entirely new certificate upon registration of
the teacher and payment of the corresponding fees.
This provision shall likewise apply to those teachers who have permanent appointment under the Magna Carta For Public
School Teachers and all others who may be qualified for registration as professional teachers under this Decree.

Section 12. Registration. The Civil Service Commission shall, as an arm of the Board, register holders of
Professional Teacher Certificate which registration shall evidence that the registrant is entitled to all the
rights and privileges of a Professional Teacher until and unless the certificate is suspended or canceled
by the Board for just cause.
Section 13. Reissuance of Revoked Certificates and Replacement of Lost Certificates. The Board may, for
reason of equity and justice, and upon proper application therefor, issue another copy, original or
duplicate, upon payment of the required fee, of a certificate which has been revoked. A new certificate
to replace a lost, destroyed or mutilated certificate may be issued subject to the rules of the Board.
Section 14. Registration by Reciprocity. The Civil Service Commission shall, upon approval of the Board,
effect the registration, without examination, of a teacher validly registered under the laws of any foreign
state or country; Provided, That the requirements for registration in said foreign state or country are
substantially the same as those required and contemplated by this Decree, and the laws of such foreign
state or country allow citizens of the Philippines to practice the profession on the same basis and grant
the same privileges as the citizens or subjects of such foreign state or country; Provided finally, That the
applicant shall submit competent and conclusive documentary evidence, confirmed by the Department
of Foreign Affairs, showing that his country's existing laws permit citizens of the Philippines to practice
teaching profession under the rules and regulations governing citizens thereof.
Section 15. Prohibition. Three years after the effectivity of this Decree, no person shall engage in teaching
and/or act as a teacher as defined in this Decree, whether in the public or private elementary or
secondary school, unless he is holder of a Professional Teacher Certificate or is considered a
Professional Teacher under this Decree.
Section 16. Penal Provision. Any person who shall practice the teaching without a valid Professional Teacher
Certificate, or any person presenting as his or her own the certificate of another, or any person giving
any false or forged evidence in order to obtain a Professional Teacher Certificate or admission to an
examination, or any person assuming himself as a registered professional teacher or any person violating
any provision of this Decree shall be penalized by a fine of not less than One Thousand Pesos nor more
than Five Thousand Pesos with subsidiary imprisonment or to suffer an imprisonment of not less than
six months nor more than two years, or both such fine and imprisonment at the discretion of the Court.
Section 17. Repealing Clause. All Acts, Decrees, Executive Orders, Administrative Orders, rules and
regulations or parts thereof inconsistent with the provisions of this Decree are hereby repealed or
modified accordingly.
Section 18. Separability Clause. In case any provision of this Decree or any portion thereof is declared
unconstitutional by a competent court, other provisions shall not be affected thereby.
Section 19. Effectivity. This Decree shall take effect January 1, 1977.

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

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Republic Act 7836: Philippine Teachers Professionalization Act of 1994

AN ACT TO STRENGTHEN THE REGULATION AND SUPERVISION OF THE PRACTICE OF

TEACHING IN THE PHILIPPINES AND PRESCRIBING A LICENSURE EXAMINATION
FOR TEACHERS AND FOR OTHER PURPOSES.

SECTION 1. Short Title. — This Act shall be known as the “Philippine Teachers Professionalization Act of
1994.”
Section 2. Statement of Policy. — The State recognizes the vital role of teachers in nation-building and
development through a responsible and literate citizenry. Towards this end, the State shall ensure and
promote quality education by proper supervision and regulation of the licensure examination and
professionalization of the practice of the teaching profession. cralaw
Section 3. Objectives. — This Act has the herein objectives:
(a) The promotion, development and professionalization of teachers and the teaching profession; and
(b) The supervision and regulation of the licensure examination.

Section 4. Definition of Terms. — For purposes of this Act, the following terms shall mean:
(a) “Teaching” — refers to the profession concerned primarily with classroom instruction, at the elementary and
secondary levels in accordance with the curriculum prescribed by the Department of Education, Culture and
Sports, whether on part-time or full-time basis in the private or public schools.
(b) “Teachers” — refers to all persons engaged in teaching at the elementary and secondary levels, whether on full-time
or part-time basis, including industrial arts or vocational teachers and all other persons performing supervisory
and/or administrative functions in all schools in the aforesaid levels and qualified to practice teaching under this
Act.
(c) “Board” — refers to the Board for Professional Teachers duly established and constituted under this Act.
(d) “Commission” — refers to the Professional Regulation Commission.

ARTICLE II. BOARD FOR PROFESSIONAL TEACHERS

Section 5. Creation and Composition of the Board. — There is hereby created under this Act a Board for
Professional Teachers, hereinafter called the Board, a collegial body under the general supervision and
administrative control of the Professional Regulation Commission, hereinafter referred to as the
Commission, composed of five (5) members who shall be appointed by the President of the Philippines
from among the recommendees chosen by the Commission.The recommendees shall be chosen from the
list of nominees selected by the accredited association of teachers, who duly possess all the
qualifications prescribed in Section 8 of this Act.
The chairman and the voice-chairman of the Board shall be appointed from these five (5) members by the President:
Provided, That the members of the first Board appointed under this Act shall be automatically registered as
professional teachers and issued with the certificate of registration and professional license upon payment of the
fees for examination, registration, and other fees prescribed by the Commission.

Section 6. Duties and Function of the Board. — The Board shall have the following duties and functions:
(a) Promulgate, administer and enforce rules and regulations necessary for carrying out the provisions of this Act in
accordance with the charter of the Professional Regulation Commission;
(b) Determine and fix the frequency, dates, and places of examination, appoint supervisors, proctors, and other
personnel as needed who shall be entitled to a daily allowance to be fixed by the Board for every examination day
actually attended, use buildings and facilities of public or private schools for examination purposes;
(c) Issue, suspend, or revoke the certificate of registration for the practice of the teaching profession;
(d) Prescribe and collect examination and other fees as it may deem proper;
 (e) Prescribe and/or adopt a code of ethical and professional standards for the practice of the teaching profession.Such
ethical standards, rules and regulations to take effect sixty (60) days after its publication in the Official Gazette or
in any newspaper of general circulation;
(f) Administer oaths in connection with the administration of this Act;
(g) Supervise and regulate the registration, licensure and practice of professional teachers in the Philippines;
(h) Adopt an official seal of the Board;cralaw
(i) Look into the conditions affecting the practice of the teaching profession and whenever necessary, adopt such
measures as may be deemed proper for the enhancement and maintenance of high professional and ethical
standards of the profession;
(j) Ensure that all educational institutions offering elementary and secondary education comply with the essential
requirements for curricula, faculty and facilities for the elementary and secondary levels;
(k) Investigate such violations of this Act, the rules and the code of ethical and professional standards for professional
teachers as it may come to the knowledge of the Board, and for this purpose, to issue subpoena and subpoena
duces tecum to secure the appearance of witnesses and the production of documents in connection therewith; and
(l) Discharge such other powers, duties and functions as the Board may deem necessary for the practice of the teaching
profession and the upgrading, enhancement, development and growth of education in the Philippines.

Section 7. Term of Office. — The members of the Board shall hold office for a term of three (3) years from the
date they assume office: Provided, That the first appointees to the Board under this Act shall hold office
according to the following terms: one (1) member shall serve for one (1) year; one (1) member for two
(2) years; the chairman, vice-chairman, and one (1) member for three (3) years. Vacancies shall be
served for the unexpired term only. No person who has served for two (2) consecutive terms shall be
eligible for reappointment. Appointment to fill an unexpired term shall be considered an appointment to
a complete term.
The chairman or any member shall take his oath of office prior to the performance of his duties.

Section 8. Qualification of Board Members. — Each Board member must at the time of his appointment:
(a) Be a citizen and resident of the Philippines;
(b) Be at least thirty-five (35) years of age, of proven integrity, and possessed of high moral values in his personal as
well as professional conduct and has not been convicted of any offense involving moral turpitude;
(c) Be a holder of the degree of Bachelor of Arts or Bachelor of Science in Education and preferably a holder of a
master’s or doctorate degree in education, or their equivalents, from a university, school, college, academy or
institute duly constituted, recognized and/or accredited by the Philippine government;
(d) Be a professional teacher with a valid certificate of registration and valid professional license, save those members
who shall compose the first Board for Professional Teachers;
(e) Has been a professional teacher in the active practice of the teaching profession for at least ten (10) years in the
elementary and secondary level; and
(f) Not be an official or member of the faculty of, nor have pecuniary interest in any university, college, school, or
institution conferring a bachelor’s degree in education or its equivalents for at least three (3) years prior to his
appointment, and neither connected with a review center or with any group or association where review classes or
lectures in preparation for the licensure examination are offered or conducted.
Provided, however,That, the membership to the Board shall be evenly distributed to cover all levels of education,
including equitable representation of the different fields of specialization.

Section 9. Compensation of the Board. — The chairman, vice-chairman, and members of the Board shall
receive compensation comparable to the compensation received by existing regulatory boards under the
Professional Regulation Commission, computed on the basis of the number of examinees/candidates.
Section 10. Supervision of the Board and Custodian of its Records. — The Board shall be under the
supervision and control of the Commission. All records, including applications for examination,
examination papers and results, minutes of deliberation, administrative cases and investigative cases and
investigations involving professional teachers shall be kept by the Commission.
Section 11. Secretariat and Support Services. — The Professional Regulation Commission, through its
chairman, shall provide the secretariat and other support services to implement effectively the provisions
of this Act. cralaw
Section 12. Removal of a Board Member. — The chairman or any member of the Board may be removed by
the President of the Philippines upon recommendation of the Commission for neglect of duty,
incompetence, unprofessional, unethical, immoral or dishonorable conduct, commission or toleration of
irregularities in the examination, after having been given the opportunity to defend himself in a proper
administrative investigation.
In the course of investigation, the President may preventively suspend the respondent.

ARTICLE III. EXAMINATION AND REGISTRATION

Section 13. Examination, Registration and License Required. — Except as otherwise specifically allowed
under the provisions of this Act, all applicants for registration as professional teachers shall be required
to undergo a written examination which shall be given at least once a year in such places and dates as
the Board may determine upon approval by the Commission. A valid certificate of registration and a
valid professional license from the Commission are required before any person is allowed to practice as
a professional teacher in the Philippines, except as otherwise allowed under this Act.
Section 14. Scope of Examination. — The examinations for the elementary and secondary school teachers
shall be separate. The examination for teachers in the elementary level shall consist of two (2) parts,
namely: professional education and general education. The examination for teachers in the secondary
level shall consist of three (3) parts, namely: professional education, general education, and field of
specialization.
Section 15. Qualification Requirements of Applicants. — No applicant shall be admitted to take the
examination unless, on the date of filing of the application, he shall have complied with the following
requirements:
(a) A citizen of the Philippines or an alien whose country has reciprocity with the Philippines in the practice of the
teaching profession;
(b) At least eighteen (18) years of age;
(c) In good health and of good reputation with high moral values;
(d) Has not been convicted by final judgment by a court for an offense involving moral turpitude;
(e) A graduate of a school, college or university recognized by the government and possesses the minimum educational
qualifications, as follows:
(1) For teachers in preschool, a bachelor’s degree in early childhood education (BECED) or its equivalent;
(2) For teachers in the elementary grades, a bachelor’s degree in elementary education (BSEED) or its equivalent;
(3) For teachers in the secondary grades, a bachelor’s degree in education or its equivalent with a major and minor,
or a bachelor’s degree in arts and sciences with at least ten (10) units in professional education; and
(4) For teachers of vocational and two-year technical courses, a bachelor’s degree in the field of specialization or its
equivalent, with at least eighteen (18) units in professional education.

Section 16. Report of the Results of the Examination. — The Board shall, within one hundred twenty (120)
days after the examination, report the ratings obtained by each candidate to the Professional Regulation
Commission for approval and appropriate action.
Section 17. Issuance of Certificate of Registration and Professional License. — The registration of a
professional teacher commences from the date his name is enrolled in the roster of professional teachers.
Every registrant who has satisfactorily met all the requirements specified in this Act shall, upon payment of the
registration fee, be issued a certificate of registration as a professional teacher bearing the full name of the
registrant with serial number and date of issuance signed by the chairman of the Commission and the chairman,
vice-chairman, and members of the Board, stamped with the official seal, as evidence that the person named
therein is entitled to practice the profession with all the rights and privileges appurtenant thereto. The certificate
shall remain in full force and effect until withdrawn, suspended and/or revoked in accordance with law. cralaw
A professional license signed by the chairman of the Commission and bearing the registration number and date of
issuance thereof and the month of expiry or renewability shall likewise be issued to every registrant who has paid
the annual registration fees for three (3) consecutive years. This license shall serve as evidence that the licensee
can lawfully practice his profession until the expiration of its validity.

Section 18. Oath Before Practice. — Every registrant shall be required to take his professional oath before
practicing as a professional teacher.
Section 19. Periodic Merit Examination of Teachers. — To encourage continuing professional growth and
development and to provide additional basis for merit promotion, in addition to their performance rating,
teachers may take an oral and written examination at least once in five (5) years as basis for merit
promotion. In taking this examination, no fee shall be required.
Section 20. Failure to Pass the Merit Examination. — If a teacher fails to pass the merit examination, he or
she shall be allowed to take the examination for a second time. Should he or she fail to pass the merit
examination for the second time, then he or she shall be required to take a DECS accredited refresher
course or program before being allowed to retake the examination.
Failure of any permanent teacher to pass the merit examination shall not, however, be used as a ground for his/her
dismissal or demotion.

Section 21. Incentives. — Teachers who pass the merit examination shall:
(a) Be awarded a diploma of merit by the Board;
(b) Earn merit points for purposes of promotion in salary or to a higher position or grade level;
(c) Be placed in the priority list for government scholarship; and
(d) Enjoy such other benefits as may be promulgated by the Board.
Similar incentives shall be given to teachers who make inventions, develop new methods of teaching, write a book or
books and create works of artistic merit.

Section 22. Integration of the Teaching Profession. — The teaching profession shall be integrated into one
national organization which shall be recognized by the Board and the Commission as the one and only
integrated and accredited association of professional teachers. Upon registration with the Board, every
professional teacher shall be encouraged to become a member of the integrated national organization.
Those who have been registered with the Board but are not members of the said integrated organization
shall be allowed to register as members of the said integrated organization within three (3) years after
the effectivity of this Act. Membership in the integrated organization shall not be a bar to membership in
other associations of the teaching profession. The professional teachers shall receive the benefits and
privileges appurtenant to their membership in the said integrated and accredited organization of
professional teachers only upon payment of the required membership fees and dues.
Section 23. Revocation of the Certificate of Registration, Suspension from the Practice of the Teaching
Profession, and Cancellation of Temporary or Special Permit. — The Board shall have the power,
after due notice and hearing, to suspend or revoke the certificate of registration of any registrant, to
reprimand or to cancel the temporary/special permit of a holder thereof who is exempt from registration,
for any of the following causes:
(a) Conviction for any criminal offense by a court of competent jurisdiction;
(b) Immoral, unprofessional or dishonorable conduct;
(c) Declaration by a court of competent jurisdiction for being mentally unsound or insane;
(d) Malpractice, gross incompetence, gross negligence or serious ignorance of the practice of the teaching profession;
(e) The use of or perpetration of any fraud or deceit in obtaining a certificate of registration, professional license or
special/temporary permit;
(f) Chronic inebriety or habitual use of drugs;cralaw
(g) Violation of any of the provisions of this Act, the rules and regulations and other policies of the Board and the
Commission, and the code of ethical and professional standards for professional teachers; and
(h) Unjustified or willful failure to attend seminars, workshops, conferences and the like or the continuing education
program prescribed by the Board and the Commission.
The decision of the Board to revoke or suspend a certificate may be appealed to the regional trial court of the place where
the Board holds office within fifteen (15) days from receipt of the said decision or of the denial of the motion for
reconsideration filed in due time.

Section 24. Registration by Reciprocity. — No teacher of a foreign nationality shall be admitted to the
examination, or be given a certificate of registration or be entitled to any of the rights and privileges
provided under this Act; unless the country or state of which he is a subject permits Filipino professional
teachers to practice within its territorial limits on the same basis as subjects or citizens of said country or
state: Provided, that the requirements of certification of teachers with said foreign state or country are
substantially the same as those required and contemplated under this Act: Provided, further, That the
laws of such state or country grant the same privilege to Filipino professional teachers on the same basis
as the subject or citizens of such foreign country or state.
Section 25. Roster of Professional Teachers. — A roster of professional teachers containing the names and
addresses of professional teachers, date of registration or issuance of certificate, and other data which in
the opinion of the Board may appear pertinent shall be maintained. Copies of the roster shall be provided
by the Commission to the Board, the Department of Education, Culture and Sports, and the integrated
and accredited organization of professional teachers.
Section 26. Registration and Exception. — Two (2) years after the effectivity of this Act, no person shall
engage in teaching and/or act as a professional teacher as defined in this Act, whether in the preschool,
elementary or secondary level, unless he is a duly registered professional teacher, and a holder of a valid
certificate of registration and a valid professional license or a holder of a valid special/temporary permit.
Upon approval of the application and payment of the prescribed fees, the certificate of registration and professional
license as a professional teacher shall be issued without examination as required in this Act to a qualified
applicant, who at the time of the approval of this Act, is:
(a) A holder of a certificate of eligibility as a teacher issued by the Civil Service Commission and the Department of
Education, Culture and Sports; orcralaw
(b) A registered professional teacher with the National Board for Teachers under the Department of Education, Culture
and Sports (DECS) pursuant to Presidential Decree No. 1006; or
(c) Not qualified under paragraphs one and two but with any of the following qualifications. to wit:
(1) An elementary or secondary teacher for five (5) years in good standing and a holder of Bachelor of Science in
Education or its equivalent; or
(2) An elementary or secondary teacher for three (3) years in good standing and a holder of a master’s degree in
education or its equivalent.
Provided, That they shall be given two (2) years from the organization of the Board for professional teachers within which
to register and be included in the roster of professional teachers: Provided, further, That those incumbent teachers
who are not qualified to register without examination under this Act or who, albeit qualified, were unable to
register within the two-year period shall be issued a five-year temporary or special permit from the time the Board
is organized within which to register after passing the examination and complying with the requirements provided
this Act and be included in the roster of professional teachers: Provided, furthermore, That those who have failed
the licensure examination for professional teachers shall be eligible as para-teachers and as such, shall be issued
by the Board a special or temporary permit, and shall be assigned by the Department of Education, Culture and
Sports (DECS) to schools as it may determine under the circumstances.

ARTICLE IV. PROVISIONS RELATIVE TO THE PRACTICE OF THE TEACHING PROFESSION

Section 27. Inhibition Against the Practice of the Teaching Profession. — Except as otherwise allowed
under this Act, no person shall practice or offer to practice the teaching profession in the Philippines or
be appointed as teacher to any position calling for a teaching position without having previously
obtained a valid certificate of registration and a valid professional license from the Commission.

Section 28. Penal Provisions. — The following shall be punishable by a fine of not less than Five thousand
pesos (P5,000.00) nor more than Twenty thousand pesos (P20,000.00) or imprisonment of nor less than
six (6) months nor more than five (5) years, or both, at the discretion of the court: cralaw
 (a) Any person who practices the teaching profession in the Philippines without being certified in accordance with the provisions of
this Act;

(b) Any person who represents or attempts to use as his own certificate of registration that of another;

(c) Any person who gives any false, or fraudulent evidence of any kind to the Board or any member thereof in obtaining a
certificate of registration as teacher;

(d) Any person who impersonates any registrant of the same or different name;

(e) Any person who uses a revoked or suspended certificate of registration;

(f) Any person who, in connection with his name, otherwise assumes, uses or advertises any title or description tending to convey or
conveys the impression that he is a teacher without holding a valid certificate; and

(g) Any person who violates or who abets the violation of any of the provisions of this Act.

The penalty of fine or imprisonment or both, as provided in this section, shall also apply to any school official who shall cause or be
responsible for the commission of any of the above-enumerated acts.

Section 29. Appropriations. — Such sums as may be necessary to carry out the provisions of this Act shall be
included in the 1996 General Appropriations Act and thereafter
Section 30. Implementing Guidelines. — The Board shall formulate and adopt the necessary guidelines for the
effective implementation of the provisions of this Act within sixty (60) days of its approval. cralaw
The Board shall submit to both Committees on Education, Arts, and Culture; and the Committees on Civil Service and
Professional Regulation of the Senate and House of Representatives, copies of the implementing rules and
guidelines within thirty (30) days after its promulgation.
Any violation of this section shall render the official/s concerned liable under Republic Act No. 6713, otherwise known as
the “Code of Conduct and Ethical Standards for Public Officials and Employees” and other pertinent
administrative and/or penal laws.

Section 31. Transitory Provision. — All incumbent teachers in both the public and private sector not
otherwise certified as professional teachers by virtue of this Act, shall be given (5) years temporary
certificates from the time the Board for Professional Teachers is organized within which to qualify as
required by this Act and be included in the roster of professionals.
Provided, however, That the Professional Board Examination for Teachers (PBET) shall still be administered by the Civil
Service Commission and the Department of Education, Culture and Sports for the year 1995.cralaw

Section 32. Separability Clause. — If, for any reason, any section or provision of this Act or the application of
such section or provision to any person or circumstance is declared unconstitutional or invalid, no other
section or provision of this Act shall be affected thereby.
Section 33. Repealing Clause. — All laws, presidential decrees, executive orders, rules and regulations or parts
thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
Section 34. Effectivity Clause. — This Act shall take effect after fifteen (15) days following its complete
publication in the Official Gazette or in two (2) newspapers of general circulation.
Signed: December 16, 1994
REPUBLIC ACT No. 9293
April 21, 2004

AN ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED SEVENTY-EIGHT

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

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:
Section 1. Section 15, (e) (3) of Republic Act No. 7836 is hereby amended as follows:
" Section 15. Qualification Requirements of Applicant. – No applicant shall be admitted to take the examination unless,
on the date of filing of the application, he shall have complied with the following requirements:
"(e) A graduate of a school college or university recognized by the government and possesses the minimum educational
qualifications, as follows:
(1) For teachers in preschool, a bachelor's degree in early childhood education (BECED) or its equivalent;
(2) For teachers in the secondary grades, a bachelor's degree in elementary education (BSEED) or its equivalent;
(3) For teachers in the secondary grades, a bachelor's degree in education or its equivalent with a major and
minor, or a bachelor degree in arts and sciences with at least eighteen (18) units in professional education;
and
(4) For teachers of vocational and two-year technical courses, a bachelor’s degree in the field of specialization or
its equivalent, with at least eighteen (18) units in professional education,"

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

"Sec 26. Registration and Exception. - No person shall engage in teaching and/or act as a professional teacher as defined
in this Act. whether in the preschool, elementary or secondary level, unless the person is a duly registered
professional teacher, and a holder of a valid certificate of registration and a valid professional license or a holder
of a valid special/temporary permit.
Upon approval of the application and payment of the prescribed fees, the certificate of registration and professional
license as a professional teacher shall be issued without examination as acquired in this Act to a qualified
applicant, who is:
(a) A holder of a certificate of eligibility as a teacher issued by the Civil Service Commission and the Department of
Education, Culture and Sports; or
(b) A registered professional teacher with the National Board for Teachers under the Department of Education, Culture
and Sports (DECS) pursuant to Presidential Decree No. 1006.
Professional teachers who have not practiced their profession for the past five (5) years shall take at least twelve (12) units
of education courses, consisting of a least six (6) units of pedagogy and six (6) units of context courses or the
equivalent training and number 1 hours to be chosen from a list of courses to be provided by the Board and the
Department of Education, before they can be allowed to practice their profession in the country.
Those who have failed the licensure examination for professional teachers, with a rating of not lower than five percentage
points from the passing general average rating, shall be eligible as para-teachers upon issuance by the Board of a
two-year special permit, renewable for a non-extendible period of two (2) years The para-teachers shall be
assigned to areas where there is a shortage or absence of a professional teacher, as identified and provided by the
Department of Education and the Autonomous Region for Muslim Mindanao (ARMM) education department to
the Board for professional teachers and to the Commission. The special permit shall indicate the area of
assignment of the para-teacher.
A special permit may also be issued by the Board to a person who has excelled and gained international recognition and is
a widely acknowledged expert in his or her respective field of specialization."

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

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

Section 4. References to the term "Department of Education, Culture and Sports", in Section 4 (a) and
Section 25, and the term "DECS" in Section 20, of the same Act, are hereby amended to read as
"Department of Education" DepEd", respectively.
Section 5. Separability Clause. - If, for any reason, any section or provision of this Act or the application of
such section in provision to any person in circumstance is declared unconstitutional or invalid, no other
section or provision of this Act shall be affected thereby.
Section 6. Repealing Clause. - All laws, decrees, circulars, administrative orders, rules and regulations, and
other issuances which are inconsistent with the provisions of this Act am hereby repealed or modified
accordingly.
Section 7. Effectivity. – This Act shall take effect upon approval.
Approved,
FRANKLIN DRILON JOSE DE VENECIA JR.
President of the Senate Speaker of the House of Representatives

This Act which is a consolidation of Senate Bill No. 2698 and House Bill No. 5411 was finally passed by the Senate and House of
Representatives on February 6, 2004 and February 7, 2004 respectively.

OSCAR G. YABES ROBERTO P. NAZARENO

Secretary of Senate Secretary General, House of Representatives

Approved: April 21, 2004

GLORIA MACAPAGAL-ARROYO
President of the Philippines
CODE OF ETHICS FOR PROFESSIONAL TEACHERS
Pursuant to the provisions of paragraph (e), Article 11, of R. A,. No. 7836, otherwise known as the
Philippines Professionalization Act of 1994 and Paragraph (a), section 6, P.D. No. 223, as
amended, the Board for Professional Teachers hereby adopt the Code of Ethics for Professional
Teachers.

PREAMBLE
Teachers are duly licensed professionals who possesses dignity and reputation with high moral values as well as technical
and professional competence in the practice of their noble profession, they strictly adhere to, observe, and practice
this set of ethical and moral principles, standards, and values.

ARTICLE I. SCOPE AND LIMITATIONS

Section 1. The Philippine Constitution provides that all educational institution shall offer quality education for
all competent teachers committed of it’s full realization The provision of this Code shall apply,
therefore, to all teachers in schools in the Philippines.
Section 2. This Code covers all public and private school teachers in all educational institutions at the
preschool, primary, elementary, and secondary levels whether academic, vocational, special, technical,
or non-formal. The term “teacher” shall include industrial arts or vocational teachers and all other
persons performing supervisory and /or administrative functions in all school at the aforesaid levels,
whether on full time or part-time basis.

ARTICLE II. THE TEACHER AND THE STATE

Section 1. The schools are the nurseries of the future citizens of the state; each teacher is a trustee of the cultural
and educational heritage of the nation and is under obligation to transmit to learners such heritage as
well as to elevate national morality, promote national pride, cultivate love of country, instil allegiance to
the constitution and for all duly constituted authorities, and promote obedience to the laws of the state.
Section 2. Every teacher or school official shall actively help carry out the declared policies of the state, and
shall take an oath to this effect.
Section 3. In the interest of the State and of the Filipino people as much as of his own, every teacher shall be
physically, mentally and morally fit.
Section 4. Every teacher shall possess and actualize a full commitment and devotion to duty.
Section 5. A teacher shall not engage in the promotion of any political, religious, or other partisan interest, and
shall not, directly or indirectly, solicit, require, collect, or receive any money or service or other valuable
material from any person or entity for such purposes
Section 6. Every teacher shall vote and shall exercise all other constitutional rights and responsibility.
Section 7. A teacher shall not use his position or facial authority or influence to coerce any other person to
follow any political course of action.
Section 8. Every teacher shall enjoy academic freedom and shall have privilege of expounding the product of
his researches and investigations; provided that, if the results are inimical to the declared policies of the
State, they shall be brought to the proper authorities for appropriate remedial action.

ARTICLE III. THE TEACHER AND THE COMMUNITY

Section 1. A teacher is a facilitator of learning and of the development of the youth; he shall, therefore,
render the best service by providing an environment conducive to such learning and growth.
Section 2. Every teacher shall provide leadership and initiative to actively participate in community movements
for moral, social, educational, economic and civic betterment.
Section 3. Every teacher shall merit reasonable social recognition for which purpose he shall behave with honor
and dignity at all times and refrain for such activities as gambling, smoking, drunkenness, and other
excesses, much less illicit relations.
Section 4. Every teacher shall live for and with the community and shall, therefore, study and understand local
customs and traditions in order to have sympathetic attitude, therefore, refrain from disparaging the
community.
Section 5. Every teacher shall help the school keep the people in the community informed about the school’s
work and accomplishments as well as its needs and problems.
Section 6. Every teacher is intellectual leader in the community, especially in the barangay, and shall welcome
the opportunity to provide such leadership when needed, to extend counseling services, as appropriate,
and to actively be involved in matters affecting the welfare of the people.
Section 7. Every teacher shall maintain harmonious and pleasant personal and official relations with other
professionals, with government officials, and with the people, individually or collectively.
Section 8. A teacher possess freedom to attend church and worships as appropriate, but shall not use his
positions and influence to proselyte others.

ARTICLE IV. A TEACHER AND THE PROFESSION

Section 1. Every teacher shall actively insure that teaching is the noblest profession, and shall manifest genuine
enthusiasm and pride in teaching as a noble calling.
Section 2. Every teacher shall uphold the highest possible standards of quality education, shall make the best
preparations for the career of teaching, and shall be at his best at all times and in the practice of his
profession.
Section 3. Every teacher shall participate in the Continuing Professional Education (CPE) program of the
Professional Regulation Commission, and shall pursue such other studies as will improve his efficiency,
enhance the prestige of the profession, and strengthen his competence, virtues, and productivity in order
to be nationally and internationally competitive.
Section 4. Every teacher shall help, if duly authorized, to seek support from the school, but shall not make
improper misrepresentations through personal advertisements and other questionable means.
Section 5. Every teacher shall use the teaching profession in a manner that makes it dignified means for earning
a descent living.

ARTICLE V. THE TEACHERS AND THE PROFESSION

Section 1. Teacher shall, at all times, be imbued with the spirit of professional loyalty, mutual confidence, and
faith in one another, self sacrifice for the common good, and full cooperation with colleagues. When
the best interest of the learners, the school, or the profession is at stake in any controversy, teacher
shall support one another.
Section 2. A teacher is not entitled to claim credit or work not of his own, and shall give due credit for the
work of others which he may use.
Section 3. Before leaving his position, a teacher shall organize for whoever assumes the position such records
and other data as are necessary to carry on the work.
Section 4. A teacher shall hold inviolate all confidential information concerning associates and the school, and
shall not divulge to anyone documents which has not been officially released, or remove records
from the files without permission.
Section 5. It shall be the responsibility of every teacher to seek correctives for what he may appear to be an
unprofessional and unethical conduct of any associates. However, this may be done only if there is
incontrovertible evidence for such conduct.
Section 6. A teacher may submit to the proper authorities any justifiable criticism against an associate,
preferably in writing, without violating the right of the individual concerned.
Section 7. A teacher may apply for a vacant position for which he is qualified; provided that he respects the
system of selection on the basis of merit and competence; provided, further, that all qualified candidates
are given the opportunity to be considered.

ARTICLE VI. THE TEACHER AND HIGHER AUTHORITIES IN THE PROFESSIONS

Section 1. Every teacher shall make it his duties to make an honest effort to understand and support the
legitimate policies of the school and the administration regardless of personal feeling or private opinion
and shall faithfully carry them out.
Section 2. A teacher shall not make any false accusations or charges against superiors, especially under
anonymity. However, if there are valid charges, he should present such under oath to competent
authority.
Section 3. A teacher shall transact all official business through channels except when special conditions warrant
a different procedure, such as when special conditions are advocated but are opposed by immediate
superiors, in which case, the teacher shall appeal directly to the appropriate higher authority.
Section 4. Every teacher, individually or as part of a group, has a right to seek redress against injustice to the
administration and to extent possible, shall raise grievances within acceptable democratic possesses. In
doing so, they shall avoid jeopardizing the interest and the welfare of learners whose right to learn must
be respected.
Section 5. Every teacher has a right to invoke the principle that appointments, promotions, and transfer of
teachers are made only on the basis of merit and needed in the interest of the service.
Section 6. A teacher who accepts a position assumes a contractual obligation to live up to his contract,
assuming full knowledge of employment terms and conditions.

ARTICLE VII. SCHOOL OFFICIALS TEACHERS AND OTHER PERSONNEL

Section 1. All school officials shall at all times show professional courtesy, helpfulness and sympathy towards
teachers and other personnel, such practices being standards of effective school supervision, dignified
administration, responsible leadership and enlighten directions.
Section 2. School officials, teachers, and other school personnel shall consider it their cooperative responsibility
to formulate policies or introduce important changes in the system at all levels.
Section 3. School officials shall encourage and attend the professional growth of all teachers under them
such as recommending them for promotion, giving them due recognition for meritorious performance,
and allowing them to participate in conferences in training programs.
Section 4. No school officials shall dismiss or recommend for dismissal a teacher or other subordinates except
for cause.
Section 5. School authorities concern shall ensure that public school teachers are employed in accordance with
pertinent civil service rules, and private school teachers are issued contracts specifying the terms and
conditions of their work; provided that they are given, if qualified, subsequent permanent tenure, in
accordance with existing laws.

ARTICLE VIII. THE TEACHERS AND LEARNERS

Section 1. A teacher has a right and duty to determine the academic marks and the promotions of learners in the
subject or grades he handles, such determination shall be in accordance with generally accepted
 procedures of evaluation and measurement. In case of any complaint, teachers concerned shall
immediately take appropriate actions, of serving due process.
Section 2. A teacher shall recognize that the interest and welfare of learners are of first and foremost concerns,
and shall deal justifiably and impartially with each of them.
Section 3. Under no circumstance shall a teacher be prejudiced nor discriminated against by the learner.
Section 4. A teacher shall not accept favors or gifts from learners, their parents or others in their behalf in
exchange for requested concessions, especially if undeserved.
Section 5. A teacher shall not accept, directly or indirectly, any remuneration from tutorials other what is
authorized for such service.
Section 6. A teacher shall base the evaluation of the learner’s work only in merit and quality of academic
performance.
Section 7. In a situation where mutual attraction and subsequent love develop between teacher and learner, the
teacher shall exercise utmost professional discretion to avoid scandal, gossip and preferential
treatment of the learner.
Section 8. A teacher shall not inflict corporal punishment on offending learners nor make deductions from their
scholastic ratings as a punishment for acts which are clearly not manifestation of poor scholarship.
Section 9. A teacher shall ensure that conditions contribute to the maximum development of learners are
adequate, and shall extend needed assistance in preventing or solving learner’s problems and difficulties.

ARTICLE IX. THE TEACHERS AND PARENTS

Section 1. Every teacher shall establish and maintain cordial relations with parents, and shall conduct himself to
merit their confidence and respect.
Section 2. Every teacher shall inform parents, through proper authorities, of the progress and deficiencies of
learner under him, exercising utmost candor and tact in pointing out learners deficiencies and in seeking
parent’s cooperation for the proper guidance and improvement of the learners.
Section 3. A teacher shall hear parent’s complaints with sympathy and understanding, and shall discourage
unfair criticism.

ARTICLE X. THE TEACHER AND BUSINESS

Section 1. A teacher has the right to engage, directly or indirectly, in legitimate income generation; provided
that it does not relate to or adversely affect his work as a teacher.
Section 2. A teacher shall maintain a good reputation with respect to the financial matters such as in the
settlement of his debts and loans in arranging satisfactorily his private financial affairs.
Section 3. No teacher shall act, directly or indirectly, as agent of, or be financially interested in, any
commercial venture which furnish textbooks and other school commodities in the purchase and disposal
of which he can exercise official influence, except only when his assignment is inherently, related to
such purchase and disposal; provided they shall be in accordance with the existing regulations; provided,
further, that members of duly recognized teachers cooperatives may participate in the distribution and
sale of such commodities.

ARTICLE XI. THE TEACHER AS A PERSON

Section 1. A teacher is, above all, a human being endowed with life for which it is the highest obligation to
live with dignity at all times whether in school, in the home, or elsewhere.
Section 2. A teacher shall place premium upon self-discipline as the primary principles of personal behavior in
all relationships with others and in all situations.
Section 3. A teacher shall maintain at all times a dignified personality which could serve as a model worthy
of emulation by learners, peers and all others.
Section 4. A teacher shall always recognize the Almighty God as guide of his own destiny and of the destinies
of men and nations.

ARTICLE XII. DISCIPLINARY ACTIONS

Section 1. Any violation of any provisions of this code shall be sufficient ground for the imposition against the
erring teacher of the disciplinary action consisting of revocation of his Certification of Registration and
License as a Professional Teacher, suspension from the practice of teaching profession, reprimand or
cancellation of his temporary/special permit under causes specified in Sec. 23, Article III or R.A. No.
7836, and under Rule 31, Article VIII, of the Rules and Regulations Implementing R.A. 7836.

ARTICLE XIII. EFFECTIVITY

Section 1. This Code shall take effect upon approval by the Professional Regulation Commission and after sixty
(60) days following it’s publication in the official Gazette or any newspaper of general circulation,
whichever is earlier.
BATAS PAMBANSA BLG. 232

AN ACT PROVIDING FOR THE ESTABLISHMENT AND MAINTENANCE OF AN INTEGRATED

SYSTEM OF EDUCATION

I.GENERAL PROVISIONS

CHAPTER 1. Preliminary Matters

SECTION 1. Title. — This Act shall be known as the “Education Act of 1982.”
SECTION 2. Coverage. — This Act shall apply to and govern both formal and non-formal systems in public
and private schools in all levels of the entire educational system.

CHAPTER 2. Declaration of Basic State Policy and Objectives

SECTION 3. Declaration of Basic Policy. — It is the policy of the State to established and maintain a
complete, adequate and integrated system of education relevant to the goals of national development.
Toward this end, the government shall ensure, within the context of a free and democratic system,
maximum contribution of the educational system to the attainment of the following national
developmental goals:
1. To achieve and maintain an accelerating rate of economic development and social progress;
2. To ensure the maximum participation of all the people in the attainment and enjoyment of the benefits of such growth;
and
3. To achieve and strengthen national unity and consciousness and preserve, develop and promote desirable cultural,
moral and spiritual values in a changing world.
The State shall promote the right of every individual to relevant quality education, regardless of sex, age, creed, socio-
economic status, physical and mental conditions, racial or ethnic origin, political or other affiliation. The State
shall therefore promote and maintain equality of access to education as well as the enjoyment of the benefits of
education by all its citizens.
The state shall promote the right of the nation’s cultural communities in the exercise of their right to develop themselves
within the context of their cultures, customs, traditions, interest and belief, and recognizes education as an
instrument for their maximum participation in national development and in ensuring their involvement in
achieving national unity.

SECTION 4. Declaration of Objectives. — The educational system aim to:

1. Provide for a broad general education that will assist each individuals in the peculiar ecology of his own society,
to (a) attain his potentials as a human being; (b) enhance the range and quality of individual and group
participation in the basic functions of society; and (c) acquire the essential educational foundation of his
development into a productive and versatile citizen;
2. Train the nation’s manpower in the middle-level skills for national development;
3. Develop the profession that will provide leadership for the nation in the advancement of knowledge for improving
the quality of human life; and
4. Respond effectively to changing needs and conditions of the nation through a system of educational planning and
evaluation.
Towards the realization of these objectives, and pursuant to the Constitution, all educational institutions shall aim to
inculcate love of country, teach the duties of citizenship, and develop moral character, personal discipline, and
scientific, technological, and vocational efficiency.
Furthermore, the educational system shall reach out to educationally deprived communities, in order to give meaningful
reality to their membership in the national society, to enrich their civic participation in the community and
national life, and to unify all Filipinos into a free and just nation.
II.THE EDUCATIONAL COMMUNITY

CHAPTER 1. Preliminary Provisions

SECTION 5. Declaration of Policy and Objectives. — It is likewise declared government policy to foster, at
all times, a spirit of shared purposes and cooperation among the members and elements of the
educational community, and between the community and other sectors of society, in the realization that
only in such an atmosphere can be true goals and objectives of education be fulfilled.
Moreover, the State shall:
1. Aid and support the natural right and duty of parents in the rearing of the youth through the educational system.
2. Promote and safeguard the welfare and interest of the students by defining their rights and obligations, according
them privileges, and encouraging the establishment of sound relationships between them and the other members
of the school community.
3. Promote the social economic status of all school personnel, uphold their rights, define their obligations, and
improve their living and working conditions and career prospects.
4. Extend support to promote the viability of those institutions through which parents, students and school personnel
seek to attain their educational goals.

SECTION 6. Definition and Coverage. — “Educational community” refers to those persons or groups of
persons as such or associated in institutions involved in organized teaching and learning systems.
The members and elements of the educational community are:
1. “Parents” or guardians or the head of the institution or foster home which has custody of the pupil or student.
2. “Students,” or those enrolled in and who regularly attend and educational institution of secondary or higher level
of a person engaged in formal study. “Pupils,” are those who regularly attend a school of elementary level under
the supervision and tutelage of a teacher.
3. “School personnel,” or all persons working for an educational institution, which includes the following:
a. “Teaching or academic staff,” or all persons engaged in actual teaching and/or research assignments,
either on full-time or part-time basis, in all levels of the educational system.
b. “School administrators,” or all persons occupying policy implementing positions having to do with the
functions of the school in all levels.
c. “Academic non-teaching personnel,” or those persons holding some academic qualifications and
performing academic functions directly supportive of teaching, such as registrars,
librarians, research assistants, research aides, and similar staff
d. “Non-academic personnel,” or all other school personnel not falling under the definition and coverage of
teaching and academic staff, school administrators and academic non-teaching personnel.
4. “Schools,” or institutions recognized by the State which undertake educational operations.

SECTION 7. Community Participation. — Every educational institution shall provide for the establishment
of appropriate bodies through which the members of the educational community may discuss relevant
issues, and communicate information and suggestions for assistance and support of the school and for
the promotion of their common interest.
Representatives from each subgroup of the educational community shall sit and participate in these bodies, the rules and
procedures of which must be approved by them and duly published.

CHAPTER 2. Rights
SECTION 8. Rights of Parents. — In addition to other rights under existing laws, all parents who have
children enrolled in a school have the following rights:
1. The right to organize by themselves and/or with teachers for the purpose of providing a forum for the discussion
of matters relating to the total school program, and for ensuring the full cooperation of parents and teachers in the
formulation and efficient implementation of such programs.
2. The right to access to any official record directly relating to the children who are under their parental
responsibility.

SECTION 9. Right of Students in School. — In addition to other rights, and subject to the limitation
prescribed by law and regulations, and student and pupils in all schools shall enjoy
the following rights:
 1. The right to receive, primarily through competent instruction, relevant quality education in line with national
goals and conducive to their full development as person with human dignity.
2. The right to freely choose their field of study subject to existing curricula and to continue their course therein up
to graduation, except in cases of academic deficiency, or violation of disciplinary regulations.
3. The right to school guidance and counselling services for decisions and selecting the alternatives in fields of work
suited to his potentialities.
4. The right of access to his own school records, the confidentiality of which the school shall maintain and preserve.
5. The right to the issuance of official certificates, diplomas, transcript of records, grades, transfer credentials and
other similar documents within thirty days from request.
6. The right to publish a student newspaper and similar publications, as well as the right to invite resource persons
during assemblies, symposia and other activities of similar nature.
7. The right to free expression of opinions and suggestions, and to effective channels of communication with
appropriate academic channels and administrative bodies of the school or institution.
8. The right to form, establish, join and participate in organizations and societies recognized by the school to foster
their intellectual, cultural, spiritual and physical growth and development, or to form, establish, join and maintain
organizations and societies for purposes not contrary to law. shing
9. The right to be free from involuntary contributions, except those approved by their own he organizations or
societies.

SECTION 10. Rights of all School Personnel. — In addition to other rights provided for by law, the
following rights shall be enjoyed by all school personnel:
1. The right to free expression of opinion and suggestions, and to effective channels of communication with
appropriate academic and administrative bodies of the school or institution.
2. The right to be provided with free legal service by the appropriate government office in the case of public
school personnel, and through the school authorities concerned in the case of private school personnel,
when charged in an administrative, civil and/or criminal proceedings by parties other than the school or
regulatory authorities concerned for actions committed directly in the lawful discharge of professional
duties and/or in defense of school policies.
3. The right to establish, join and maintain labor organizations and/or professional and self-regulating
organizations of their choice to promote their welfare and defend their interests.
4. The right to be free from involuntary contributions except those imposed by their own organizations.

SECTION 11. Special Rights and/or Privileges of Teaching or Academic Staff — Further to the rights
mentioned in the preceding Section, every member of the teaching or academic staff shall enjoy the
following rights and/or privileges:
1. The right to be free from compulsory assignments not related to their duties as defined in their
appointments or employment contracts, unless compensated therefor, conformably to existing law.
2. The right to intellectual property consistent with applicable laws.
3. Teachers shall be deemed persons in authority when in the discharge of lawful duties and responsibilities, and
shall, therefore, be accorded due respect and protection.
4. Teachers shall be accorded the opportunity to choose alternative career lines either in school administration, in
classroom teaching, or others, for purposes of career advancement.

SECTION 12. Special Rights of School Administration. — School administrators shall, in accordance with
existing laws, regulations and policies of the Ministry of Education, Culture and Sports, be accorded
sufficient administrative discretion necessary for the efficient and effective performance of their
functions.
School administrators shall be deemed persons in authority while in the discharge of lawful duties and responsibilities,
and shall therefore be accorded due respect and protection.

SECTION 13. Rights of Schools. — In addition to other rights provided for by law, schools shall enjoy the
following:
1. The right of their governing boards or lawful authorities to provide for the proper governance of the school and to
adopt and enforce administrative or management systems.
2. The right for institutions of higher learning to determine on academic grounds who shall be admitted to study,
who may teach, and what shall be subjects of the study and research.

CHAPTER 3. Duties and Obligations

SECTION 14. Duties of Parents. — In addition to those provided for under existing laws, all parents shall
have the following duties and obligations:
1. Parents, individually or collectively, through the school systems, shall help carry out the educational objectives in
accordance with national goals.
2. Parents shall be obliged to enable their children to obtain elementary education and shall strive to enable them to
obtain secondary and higher education in the pursuance of the right formation of the youth.
3. Parents shall cooperate with the school in the implementation of the school program curricular and co- curricular.

SECTION 15. Duties and Responsibilities of Students. — In addition to those provided for under existing
laws, every student shall:
1. Exert his utmost to develop his potentialities for service, particularly by undergoing an education suited to his
abilities, in order that he may become an asset to his family and to society.
2. Uphold the academic integrity of the school, endeavor to achieve academic excellence and abide by the rules and
regulations governing his academic responsibilities and moral integrity.
3. Promote and maintain the peace and tranquility of the school by observing the rules and discipline, and by
exerting efforts to attain harmonious relationships with fellow students, the teaching and academic staff and other
school personnel.
4. Participate actively in civic affairs and in the promotion of the general welfare, particularly in the social,
economic and cultural development of his community and in the attainment of a just, compassionate and orderly
society.
5. Exercise his rights responsibly in the knowledge that he is answerable for any infringement or violation of the
public welfare and of the rights of others.

SECTION 16. Teacher’s Obligations. — Every teacher shall:

1. Perform his duties to the school by discharging his responsibilities in accordance with the philosophy, goals, and
objectives of the school.
2. Be accountable for the efficient and effective attainment of specified learning objectives in pursuance of national
development goals within the limits of available school resources.
3. Render regular reports on performance of each student and to the latter and the latter’s parents and guardians with
specific suggestions for improvement.
4. Assume the responsibility to maintain and sustain his professional growth and advancement and maintain
professionalism in his behavior at all times.
5. Refrain from making deductions in students’ scholastic rating for acts that are clearly not manifestations of poor
scholarship.
6. Participate as an agent of constructive social, economic, moral, intellectual, cultural and political change in his
school and the community within the context of national policies.

SECTION 17. School Administrators’ Obligations. — Every school administrator shall:

1. Perform his duties to the school by discharging his responsibilities in accordance with the philosophy, goals and
objectives of the school.
2. Be accountable for the efficient and effective administration and management of the school.
3. Develop and maintain a healthy school atmosphere conducive to the promotion and preservation of academic
freedom and effective teaching and learning, and to harmonious and progressive school-personnel relationship.
4. Assume and maintain professional behavior in his work and in dealing with students, teachers, academic non-
teaching personnel, administrative staff, and parents or guardians.
5. Render adequate reports to teachers, academic non-teaching personnel and non-academic staff on their actual
performance in relation to their expected performance and counsel them on ways of improving the same.
6. Observe due process, fairness, promptness, privacy, constructiveness and consistency in disciplining his teachers
and other personnel.
7. Maintain adequate records and submit required reports to the Ministry of Education, Culture and Sports.

SECTION 18. Obligations of Academic Non-Teaching Personnel. — Academic non-teaching

personnel shall:
1. Improve himself professionally be keeping abreast of the latest trends and techniques in his profession.
2. Assume, promote and maintain an atmosphere conducive to service and learning.
3. Promote and maintain an atmosphere conducive to service and learning.

III.THE EDUCATIONAL SYSTEMS

CHAPTER 1. Formal Education
SECTION 19. Declaration of Policy. — The State recognizes that formal education, or the school
system, in society’s primary learning system, and therefore the main instrument for the achievement of
the country’s educational goals and objectives.
SECTION 20. Definition. — “Formal Educational” refers to the hierarchically structured and chronologically
graded learning organized and provided by the formal school system and for which certification is
required in order for the learner to progress through the grades or move to higher levels. Formal
education shall correspond to the following levels:
1. Elementary Education. — the first stage of compulsory, formal education primarily concerned with providing
basic education and usually corresponding to six or seven grades, including pre-school programs.
2. Secondary Education. — the state of formal education following the elementary level concerned primarily with
continuing basic education and expanding it to include the learning of employable gainful skills, usually
corresponding to four years of high school.
3. Tertiary Education. — post secondary schooling is higher education leading to a degree in a specific profession or
discipline.

SECTION 21. Objectives of Elementary Education. — The objectives of elementary education are:
1. To provide the knowledge and develop the skills, attitudes, and values essential to personal development and
necessary for living in and contributing to a developing and changing social milieu;
2. To provide learning experiences which increase the child’s awareness of and responsiveness to the changes in and
just demands of society and to prepare him for constructive and effective involvement;
3. To promote and intensify the child’s knowledge of, identification with, and love for the nation and the people to
which he belongs; and
4. To promote work experiences which develop the child’s orientation to the world of work and creativity and
prepare himself to engage in honest and gainful work.

SECTION 22. Objectives of Secondary Education. — The objectives of secondary

education are:
1. To continue to promote the objectives of elementary education; and
2. To discover and enhance the different aptitudes and interests of the students so as to equip him with skills for
productive endeavour and/or prepare him for tertiary schooling.

SECTION 23. Objective of Tertiary Education. — The objectives of tertiary education are:
1. To provide a general education program that will promote national identity, cultural consciousness,
moral integrity and spiritual vigour;
2. To train the nation’s manpower in the skills required for national development;
3. To develop the professions that will provide leadership for the nation; and
4. To advance knowledge through research work and apply new knowledge for improving the quality of
human life and responding effectively to changing societal needs and conditions.

CHAPTER 2. Non-Education and Specialized Educational Services

SECTION 24. Specialized Educational Service. — The State further recognizes its responsibility to provide,
within the context of the formal education system, services to meet special needs of certain clientele.
These specific types, which shall be guided by the basic policies of the State embodied in the General
Provisions of this Act, include:
1. “Work Education,” or “Practical Arts,” as a program of basic education which aims to develop the right attitudes
towards work; and “technical-vocational education,” post-secondary but non-degree programs leading to one,
two, or three year certificates in preparation for a group of middle-level occupations.
2. “Special Education,” the education of persons who are physically, mentally, emotionally, socially, or culturally
different from the so-called “normal” individuals that they require modification of school practices/services to
develop them to their maximum capacity; and

3. “Non-formal Education,” any organized school-based educational activities undertaken by the Ministry of
Education, Culture and Sports and other agencies aimed at attaining specific learning objectives for a particular
 clientele, especially the illiterates and the out-of-school youth and adults, distinct from and outside the regular
offerings of the formal school system.
The objectives of non-formal education are as follows:
a. To eradicate illiteracy and raise the level of functional literacy of the population;
b. To provide unemployed and underemployed youth and adults with appropriate vocational/technical skills to
enable them to become more productive and effective citizens; and
c. To develop among the clientele of non-formal education proper values and attitudes necessary for personal,
community and national development.

CHAPTER 3. Establishment of Schools

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

SECTION 26. Definition of Terms. — The terms used in this Chapter are defined as follows:
1. “Schools” are duly established institutions of learning or educational institutions.
2. “Public Schools” are educational institutions established and administered by the government.
3. “Private Schools” are educational institutions maintained and administered by private individuals or groups.

SECTION 27. Recognition of Schools. — The educational operations of schools shall be subject to their
prior authorization of the government, and shall be affected by recognition. In the case of government
operated schools, whether local, regional, or national, recognition of educational programs and/or
operations shall be deemed granted simultaneously with establishment.
In all other case the rules and regulations governing recognition shall be prescribed and enforced by the Ministry of
Education, Culture and Sports defining therein who are qualified to apply, providing for a permit system, stating
the conditions for the grant of recognition and for its cancellation and withdrawal, and providing for related
matters.

SECTION 28. Effects of Recognition; Punishable Violations. — The issuance of a certificate of

recognition to a school shall have the following effects:
1. It transforms the temporary permit to a permanent authority to operate;
2. It entitled the school or college to give the students who have completed the course for which recognition is
granted, a certificate, title or diploma; and
3. It shall entitle the students who have graduated from said recognized course or courses to all the benefits and
privileges enjoyed by graduates in similar courses of studies in all schools recognized by the government.
Operation of schools and educational programs without authorization, and/or operation thereof in violation of the terms of
recognition, are hereby declared punishable violations subject to the penalties provided in this Act.

SECTION 29. Voluntary Accreditation. — The Ministry shall encourage programs of voluntary accreditation
for institution which desire to meet standards of quality over and above minimum required for State
recognition.

CHAPTER 4. Internal Organization of Schools

SECTION 30. Organization of Schools. — Each school shall establish such internal organization as will
best enable it to carry out its academic and administrative functions, subject to limitations provided by
law.
Each school establish such arrangements for the peaceful settlement of disputes between or among the members of the
educational community.
SECTION 31. Governing Board. — Every government college or university as a tertiary institution and every
private school shall have a governing board pursuant to its charter or the Corporation Code of the
Philippines, as the case may be.
SECTION 32. Personnel Transactions. — The terms and conditions of employment of personnel in
government schools shall be governed by the Civil Service, budgetary and compensation laws and rules.
In private schools, dispute arising from employer-employee relations shall fall under the jurisdiction of the Ministry of
Labor and Employment as provided for by law regulations: Provided, That in view of the special employment
status of the teaching and academic non-teaching personnel, and their special roles in the advancement of
knowledge, standards set or promulgated jointly by the Ministry of Education, Culture and Sports and by the
Ministry of Labor and Employment shall be applied by the Ministry of Labor and Employment: Provided, further,
That every private school shall establish and implement an appropriate system within the school for the prompt
and orderly settlement of provisions of Articles 262 and 263 of the Labor Code.

CHAPTER 5. School Finance and Assistance

SECTION 33. Declaration of Policy. — It is hereby declared to be the policy of the State that the national
government shall contribute to the financial support of educational programs pursuant to goals of
education as declared in the Constitution. Towards this end, the government shall:
1. Adopt measures to broaden access to education through financial assistance and other forms of incentives to
schools, teachers, pupils and students; and
2. Encourage and stimulate private support to education through, inter alia, fiscal and other
assistance measures.

A. FUNDING OF REPUBLIC SCHOOLS

SECTION 34. National Funds. — Public school shall continue to be funded from national funds:
Provided, That local governments shall be encouraged to assume operation of local public schools on the
basis of national fund participation and adequate revenue sources which may be assigned by the national
government for the purpose.
SECTION 35. Financial Aid Assistance to Public Secondary Schools. — The national government shall
extend financial aid and assistance to public secondary schools established and maintained by local
governments, including barangay high schools.
SECTION 36. Share of Local Government. — Provinces, cities and municipalities and barangays shall
appropriate funds in their annual budgets for the operation and maintenance of public secondary schools
on the basis of national fund participation.
SECTION 37. Special Education Fund. — The proceeds of the Special Education Fund accruing to local
governments shall be used exclusively for the purposes enumerated in Section 1 of Republic Act No.
5447, and in accordance with rules and regulations issued by the Ministry of Education, Culture and
Sports and the Ministry of the Budget. Said proceeds shall be considered a local fund and shall be
subject to Presidential Decrees No. 477, Presidential Decree No. 1375 and other applicable local budget
laws and regulations.
SECTION 38. Tuition and other School Fees. — Secondary and post-secondary schools may charge tuition
and other school fees, in order to improve facilities or to accommodate more students.
SECTION 39. Income from other Sources. — Government- supported educational institution may receive
grants, legacies, donations and gifts for purposes allowed by existing laws.
Furthermore, income generated from production activities and from auxiliary enterprises may be retained and used for
schools concerned in accordance with rules and regulations jointly issued consistently with pertinent
appropriation and budgetary laws by the Ministry of the Budget, the Ministry of Education, Culture and Sports
and the Commission on Audit.

B.FUNDING OF PRIVATE SCHOOLS

SECTION 40. Funding of Private Schools. — Private schools may be funded from their capital investment
or equity contributions, tuition fees and other school charges, grants, loans, subsidies, passive
investment income and income from other sources.
SECTION 41. Government Assistance. — The government, in recognition of their complementary role in the
educational system, may provide aid to the programs of private schools in the form of grants or
scholarships, or loans from government financial institutions: Provided, That such programs meet
certain defined educational requirements and standards and contribute to the attainment of national
development goals.
SECTION 42. Tuition and Other Fees. — Each private school shall determine its rate of tuition and other
school fees or charges. The rates and charges adopted by schools pursuant to this provision shall be
collectible, and their application or use authorized, subject to rules and regulations promulgated by the
Ministry of Education, Culture and Sports.
SECTION 43. Income from Other Sources. — Any private school duly recognized by the government, may
receive any grant and legacy, donation, gift, bequest or devise from any individual, institution,
corporation, foundation, trust of philanthropic organization, or research institution or organization as
may be authorized by law.
Furthermore, private schools are authorized to engage in any auxiliary enterprise to generate income primarily to finance
their educational operations and/or to reduce the need to increase students’ fees.

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

C.INCENTIVES TO EDUCATION
SECTION 45. Declaration of Policy. — It is the policy of the State in the pursuit of its national education
development goals to provide an incentive program to encourage the participation of the community in
the development of the educational sector.
SECTION 46. Relating to School Property. — Real property, such as lands, buildings and other
improvements thereon used actually, directly and exclusively for educational purposes shall be subject
to the real property tax based on an assessment of fifteen per cent of the market value of such property:
Provided, That all the proceeds from the payment thereof shall accrue to a special private education fund
which shall be managed and disbursed by a local private school board which shall be constituted in each
municipality or chartered city with private educational institutions with the mayor or his representative
as chairman and not more than two representatives of the institutional taxpayers, and, likewise, not more
than two residents of the municipality or chartered city who are alumni of any of the institutional
taxpayers as members: Provided, further, That fifty percent of the additional one percent tax on real
estate property provided for under Republic Act 5447, shall accrue to the special private education fund:
Provided, finally, That in municipalities or chartered cities wherein the number of private institutions
with individual enrollment of pupils and students over five thousand exceeds fifteen, the members of the
private school board shall be increased to not more than fourteen members determined proportionately
by the Minister of Education, Culture and Sports. The private school board shall adopt its own rules
which shall enable it to finance the annual programs and projects of each institutional taxpayer for the
following purposes; student-pupil scholarships; improvement of instructional, including laboratory,
facilities and/or equipment; library books and periodicals acquisition; and extension service in the
community, in that order of priority.
SECTION 47. Relating to Gifts or Donations to Schools. — All gifts or donation in favor of any school,
college or university recognized by the Government shall not be subject to tax; Provided, That such gifts
or donations shall be for improvement of classrooms and laboratory of library facilities, and shall not
inure to the benefit of any officer, director, official, or owner or owners of the school, or paid out as
salary, adjustments or allowance of any form or nature whatsoever, except in support of faculty and/or
professorial chairs.
SECTION 48. Relating to Earnings from Established Scholarship Funds. — All earnings from the
investment of any duly established scholarship fund of any school recognized by the government,
constituted from gifts to the school, and/or from contributions or other resources assigned to said fund
by the school, if said earnings are actually used to fund additional scholarship grants to financially
deserving students shall be exempt from tax until the scholarship fund is fully liquidated, when the
outstanding balance thereof shall be subject to tax.
SECTION 49. School Dispersal Program. — All gains realized from the sale, disposition or transfer of
property, real or personal, of any duly established private school, college or university, in pursuance of a
school dispersal program of the government or of the educational institution as approved by the
government, shall be considered exempt from tax if the total proceeds of the sale are reinvested in a new
or existing duly established school, college, or university located in the dispersal site, within one (1)
year from the date of such sale, transfer or disposition; otherwise, all taxes due on the gains realized
from the transaction shall immediately become due and payable.
SECTION 50. Conversion to Educational Foundations. — An educational institution may convert itself into
a non-stock, non-profit educational foundation, in accordance with the implementing rules to be issued
jointly by the Ministry of Education, Culture and Sports and the Ministry of Finance.
In the case of stock corporations, if for any reason its corporate existence as an educational institution ceases and is not
renewed, all its net assets after liquidation of the liabilities and other obligations may be conveyed and transferred
to any non-profit educational institution or successor non-profit educational institution or to be used in such
manner as in the judgment of said court will best accomplish the general purposes for which the dissolved
organization was organized, or to the State.

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

SECTION 52. Grant of Scholarship Pursuant to Existing Laws. — Educational institutions shall be
encouraged to grant scholarships to students pursuant to the provisions of existing laws and such
scholarship measures as may hereafter be provided for by law.
SECTION 53. Assistance from the Private Sector. — The private sector, especially educational institutions,
business and industry, shall be encouraged to grant financial assistance to students, especially those
undertaking research in the fields of science and technology or in such projects as may be necessary
within the context of national development.
DepEd Order No. 49, s. 2006

REVISED RULES OF PROCEDURE OF THE DEPARTMENT OF EDUCATION IN

ADMINISTRATIVE CASES

Section 58. Classification of Offenses – Administrative offenses with corresponding penalties are classified
into grave, less grave or light, depending on their gravity or depravity and effects on the government
service.
A. The following are grave offenses with their corresponding penalties:
1. Dishonesty: 1st offense – Dismissal
2. Gross Neglect of Duty: 1st offense – Dismissal
3. Grave Misconduct: 1st offense – Dismissal
4. Being Notoriously Undesirable: 1st offense – Dismissal
5. Conviction of a crime involving moral turpitude: 1st offense -Dismissal
6. Falsification of official document: 1st offense – Dismissal
7. Physical or mental incapacity or disability due to immoral or vicious habits: 1st offense –
Dismissal
8. Engaging directly or indirectly in partisan political activities by one holding non-political office:
1st offense – Dismissal
9. Receiving for personal use of a fee, gift or other valuable thing in the course of official duties or
in connection therewith when such fee, gift or other valuable thing is given by any person in the
hope or expectation of receiving a favor or better treatment than that accorded to other persons,
or committing acts punishable under the anti-graft laws: 1st offense – Dismissal
10. Contracting loans of money or other property from persons with whom the office of the
employee has business relations: 1st offense – Dismissal
11. Soliciting or accepting directly or indirectly, any gift, gratuity, favor, entertainment, loan or
anything of monetary value which in the course of his official duties or in connection with any
operation being regulated by, or any transaction which may be affected by the functions of his
office. The propriety or impropriety of the foregoing shall be determined by its value, kinship, or
relationship between giver and receiver and the motivation, A thing of monetary value is one
which is evidently or manifestly excessive by its very nature 1s’ offense -Dismissal
12. Nepotism: 1st offense – Dismissal
13. Disloyalty to the Republic of the Philippines and to the Filipino people : 1st offense – Dismissal
14. Oppression: 1st offense – Suspension (6 mos. 1 day to 1 year); 2nd offense – Dismissal
15. Disgraceful and immoral conduct: 1st offense – Suspension for six (6) months and one (1) day to
one (1) year; 2nd offense -Dismissal
16. Inefficiency and incompetence in the performance of official duties : 1st offense – Suspension
for six (6) months and one (1) day to one (1) year; 2nd offense – Dismissal
17. Frequent unauthorized absences, or tardiness in reporting for duty, loafing or frequent
unauthorized absences from duty during regular office hours : 1st offense – Suspension for six
(6) months and one (1) day to one (1) year; 2nd offense – Dismissal
18. Refusal to perform official duty: 1st offense – Suspension for six (6) months and one (1) day to
one (1) year; 2nd offense -Dismissal
19. Gross insubordination: 1st offense – Suspension for six (6) months and one (1) day to one (1)
year; 2nd offense – Dismissal
20. Conduct prejudicial to the best interest of the service; 1st offense – Suspension for six (6) months
and one (1) day to one (1) year; 2nd offense – Dismissal
21. Directly or indirectly having financial and material interest in any transaction requiring the
approval of his office. Financial and material interest is defined as pecuniary or proprietary
interest by which a person will gain or lose something; 1st offense -Suspension for six (6)
months and one (1) day to one (1) year; 2nd offense – Dismissal
22. Owning, controlling, managing or accepting employment as officer, employee, consultant,
counsel, broker, agent, trustee, or nominee in any private enterprise regulated, supervised or
 licensed by his office, unless expressly-allowed by law: 1st offense – Suspension for six (6)
months and one (1) day to one (1) year; 2nd offense – Dismissal
23. Disclosing or misusing confidential or classified information officially known to him by reason
of his office and not made available to the public, to further his private interests or give undue
advantage to anyone, or to prejudice the public interest; 1st offense – Suspension for six (6)
months and one (1) day to one (1) year; 2nd offense – Dismissal
24. Obtaining or using any statement filed under the Code of Conduct and Ethical Standards for
Public Officials and Employees for any purpose contrary to morals or public policy or any
commercial purpose other than by news and communications media for dissemination to the
general public: 1st offense – Suspension for six (6) months and one (1) day to One (1) year; 2nd
offense – Dismissal
25. Recommending any person to any position in a private enterprise which has a regular or pending
official transaction with his office, unless such recommendation or referral is mandated by (1)
law, or (2) international agreements, commitment and obligation, or as part of the function of his
office: 1st offense – Suspension for six (6) months anemone (1) day to one (1) year; 2nd offense
– Dismissal

B. The following are less grave offenses with the corresponding penalties:
1. Simple Neglect of Duty: 1st offense – Suspension for one (1) month and one (1) day to six (6) months;
2nd offense – Dismissal
2. Simple Misconduct 1st offense – Suspension for one (1) month and one (1) day to six (6) months; 2nd
offense – Dismissal
3. Gross Discourtesy in the course of official duties: 1st offense -Suspension for one (1) month and one (1)
day to six (6) months; 2nd offense – Dismissal
4. Violation of existing Civil Service Law and rules of serious nature: 1st offense – Suspension for one (1)
month and one (1) day to six (6) months; 2nd offense – Dismissal
5. Insubordination: 1sl offense – Suspension for one (1) month and one (1) day to six (6) months; 2nd
offense – Dismissal
6. Habitual Drunkenness: 1st offense – Suspension for one (1) month and one (1) day to six (6) months;
2nd offense –Dismissal
7. Unfair discrimination in rendering public service due to party affiliation or preference: 1st offense –
Suspension for one (1) month and one (1) day to six (6) months; 2nd offense -Dismissal
8. Failure to file sworn statements of assets, liabilities and net worth, and disclosure of business interest
and financial connections including those of their spouses and unmarried children under eighteen (18)
years of age living in their households: 1st offense – Suspension for one (1) month and one (1) day to six
(6) months; 2nd offense – Dismissal
9. Failure to resign from his position in the private business enterprise within thirty (30) days from
assumption of public office when conflict of interest arises, and/or failure to divest himself of his
shareholdings or interest in private business enterprise within sixty (60) days from assumption of public
office when conflict of interest arises; Provided, however, 4^at for those who are already in the service
and conflict of interest arises, the official or employee must either resign or divest himself of said
interest within the periods herein above; provided, reckoned from the date when the conflict of interest
had arisen : 1st offense – Suspension for one (1) month and (1) day to six (6) months; 2nd offense –
Dismissal

C. The following are Light Offenses with Corresponding Penalties:

1. Discourtesy in the course of official duties 1st offense -Reprimand; 2nd offense – Suspension for one (1)
to thirty (30) days; 3rd offense – Dismissal
2. Improper or unauthorized solicitation of contributions from subordinate employees and by teachers or
school officials from school children 1st offense – Reprimand; 2nd offense -Suspension for one (1) to
thirty (30) days; 3rd offense -Dismissal
3. Violation of reasonable office rules and regulations: 1st offense – Reprimand; 2nd offense – Suspension
for one (1) to thirty (30) days; 3rd offense – Dismissal
4. Frequent unauthorized tardiness (Habitual Tardiness) 1sl offense – Reprimand; 2nd offense –
Suspension for one (1) to thirty (30) days; 3rd offense – Dismissal
5. Gambling prohibited by law 1st offense – Reprimand; 2nd offense – Suspension for one (1) to thirty
(30) days; 3rd offense – Dismissal
6. Refusal to render overtime service: 1st offense – Reprimand; 2nd offense – Suspension for one (1) to
thirty (30) days; 3rd offense – Dismissal
7. Disgraceful, immoral or dishonest conduct prior to entering the service: 1st offense – Reprimand; 2nd
offense – Suspension for one (1) to thirty (30) days; 3rd offense – Dismissal
8. Borrowing money by superior officers from subordinates: 1st offense – Reprimand; 2nd offense –
Suspension for one (1) to thirty (30) days; 3rd offense – Dismissal
9. Lending money at usurious rates of interest 1st offense -Reprimand; 2nd offense – Suspension for one
(1) to thirty (30) days; 3rd offense – Dismissal
10. Wilful failure to pay just debts or wilful failure to pay taxes due to the government : 1st offense –
Reprimand; 2nd offense -Suspension for one (1) to thirty (30) days; 3rd offense -Dismissal
The term “just debts” shall apply only to:
1. Claims adjudicated by a court of law, or
2. Claims the existence and justness of which are ‘ admitted by the debtor.
11. Lobbying for personal interest or gain in legislative halls and offices without authority: 1st offense –
Reprimand; 2nd offense – Suspension for one (1) to thirty (30) days; 3rd offense -Dismissal
12. Promoting the sale of tickets in behalf of private enterprises that are not intended for charitable or public
welfare purposes and even in the latter cases, if there is no prior authority: 1st offense – Reprimand; 2nd
offense – Suspension for one (1) to thirty (30) days; 3rd offense – Dismissal
13. Failure to act promptly on letters and request within fifteen (15) days from receipt, except as otherwise
provided in the rules implementing the Code of Conduct and Ethical Standards for Public Officials and
Employees : 1st offense – Reprimand; 2nd offense – Suspension for one (1) to thirty (30) days; 3rd
offense – Dismissal
14. Failure to process documents and complete action on documents and papers within a reasonable time
from preparation thereof, except as otherwise provided in the rules implementing the Code of Conduct
and Ethical Standards for Public Officials and Employees; 1st offense – Reprimand; 2nd offense –
Suspension for one (1) to thirty (30) days; 3rd offense – Dismissal
15. Failure to attend to anyone who wants to avail himself of the services of the office, or act promptly and
expeditiously on public transactions: 1st offense – Reprimand; 2nd offense – Suspension for one (1) to
thirty (30) days; 3rd offense -Dismissal
16. Engaging in private practice of his profession unless authorized by the Constitution, law or regulation,
provided that such practice will not conflict with his official functions: 1st offense -Reprimand; 2nd
offense – Suspension for one (1) to thirty (30) days; 3rd offense – Dismissal
17. Pursuit of private business, vocation or profession without the permission required by Civil Service rules
and regulations: 1sl offense – Reprimand; 2nd offense – Suspension for one (1) to thirty (30) days; 3rd
offense – Dismissal
18. Sexual harassment which is also classified into grave, less grave and light offenses, pursuant to CSC
Resolution No. 01-0940, may be prosecuted apart from related offenses punished under this section.