The

The Professional
Professional Teachers
Teachers

M ODULE
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strict observe
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Legal IV
Practices
Practices of
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Chapter 1: Professional Teachers: Conformers of Legal and Constitutional Mandates
Time Table: 10 hours
Topic Learning Outcomes:

a. Apply existing laws in the practice of professional teaching

Enabling Activity

Now you are down to your last module! A little more to go and you’re done! Great work! Before we
proceed with out lesson, let’s first warm up!

Below is a spider web with the words “Educational Legalities” in the middle. Write as many words
you can relate to the it. Make sure to include 1-2 sentences to explain why you think your words are related
or connected to a professional teacher. Write your answer in a one whole sheet of paper.

Educational
Legalities
 Deepen!

There are ethical and legal complexities that teachers face in the practice of teaching profession. This is one
big challenge for teachers. The professional teachers are obligated at all times to model the virtues of integrity,
diligence, responsibility and respect for the law, for self, for others, and for human life.
.
INTRODUCTION
Ethics and law are major concerns that come along with the teachers' role as facilitators of learning. These
two big words are part of the teachers' curricula and relationship with students. It is the fundamental obligation of
teachers to convey to their students that they are legally and morally bound to one another. Teachers on the other
hand carry the ethical and legal burden in their discharge of their duties and responsibilities as teachers.

ENGAGE
Teaching is a very challenging profession. Everyday teaching experience requires ethical and legal teaching.
Knowledge and practice of the law, Code of Ethics for Teachers and Republic Acts definitely help teachers avoid and
solve legal and ethical issues. Ethics and law are interrelated. Ethics refers to system or code of morality embraced
by a particular person or group. It is a moral principle which determines the rightness or wrongness of particular acts
or activities. Law, however, is a written rule that members of the community must follow. The law is a system or
practice of rules recognized as binding by a community especially resulted from decrees by the governing authority.
Teachers as molders of the minds of young people are guided by law and ethics in the various courses of their
actions as professionals.
REPUBLIC ACT NO. 4670 June 18, 1966
THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS

I. DECLARATION OF POLICY COVERAGE

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

Sec. 2. Title Definition. This Act shall be known as the "Magna Carta for Public School Teachers" and
shall apply to all public school teachers except those in the professorial staff of state colleges and
universities.

As used in this Act, the term "teacher" shall mean all persons engaged in classroom teaching, in any level
of instruction, on full -time basis, including guidance counselors, school librarians, industrial arts or
vocational instructors, and all other persons performing supervisory and/or administrative functions in all
schools, colleges and universities operated by the Government or its political subdivisions; but shall not
include school nurses, school physicians, school dentists, and other school employees.
 II. RECRUITMENT AND CAREER
Sec. 3. Recruitment and Qualification. Recruitment policy with respect to the selection and appointment
of teachers shall be clearly defined by the Department of Education: Provided, however, That effective
upon the approval of this Act, the following shall constitute the minimum educational qualifications for
teacher-applicants:

(a) For teachers in the kindergarten and elementary grades, Bachelor's degree in Elementary
Education (B.S.E.ED.);
(b) For teachers of the secondary schools, Bachelor's degree in Education or its equivalent with a
major and a minor; or a Bachelor's degree in Arts or Science with at least eighteen professional
units in Education.
(c) For teachers of secondary vocational and two years technical courses, Bachelor's degree in the
field of specialization with at least eighteen professional units in education;

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

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

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

Sec. 5. Tenure of Office. Stability on employment and security of tenure shall be assured the teachers as
provided under existing laws.

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

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

Where the exigencies of the service require the transfer of a teacher from one station to another, such
transfer may be effected by the school superintendent who shall previously notify the teacher concerned of
the transfer and the reason or reasons 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.

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

Sec. 8. Safeguards in Disciplinary Procedure. Every teacher shall enjoy equitable safeguards at each
stage of any disciplinary procedure and shall have:

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.

Sec. 9. Administrative Charges. Administrative charges against a teacher shall be heard initially by a
committee composed of the corresponding School Superintendent of the Division or a duly authorized
representative who should at least have the rank of a division supervisor, where the teacher belongs, as
chairman, a representative of the local or, in its absence, any existing provincial or national teacher's
organization and a supervisor of the Division, the last two to be designated by the Director of Public
Schools. The committee shall submit its findings and recommendations to the Director of Public Schools
within thirty days from the termination of the hearings: Provided, however, That where the school
superintendent is the complainant or an interested party, all the members of the committee shall be
appointed by the Secretary of Education.

Sec. 10. No Discrimination. There shall be no discrimination whatsoever in entrance to the teaching
profession, or during its exercise, or in the termination of services, based on other than professional
consideration.

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

Sec. 12. Academic Freedom. Teachers shall enjoy academic freedom in the discharge of their
professional duties, particularly with regard to teaching and classroom methods.
 III. HOURS OF WORK AND REMUNERATION
Sec. 13. Teaching Hours. Any teacher engaged in actual classroom instruction shall not be required to
render more than six hours of actual classroom teaching a day, which shall be so scheduled as to give him
time for the preparation and correction of exercises and other work incidental to his normal teaching duties:
Provided, however, That where the exigencies of the service so require, any teacher may be required to
render more than six hours but not exceeding eight hours of actual classroom teaching a day upon
payment of additional compensation at the same rate as his regular remuneration plus at least twenty-five
per cent of his basic pay.

Sec. 14. Additional Compensation. Notwithstanding any provision of existing law to the contrary, co-
curricula and out of school activities and any other activities outside of what is defined as normal duties of
any teacher shall be paid an additional compensation of at least twenty-five per cent of his regular
remuneration after the teacher has completed at least six hours of actual classroom teaching a day.

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

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

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

(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.

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

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

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

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

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

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

IV. HEALTH MEASURES AND INJURY BENEFITS

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

In regions where there is scarcity of medical facilities, teachers may obtain elsewhere the necessary
medical care with the right to be reimbursed for their traveling expenses by the government entity
concerned in the first paragraph of this Section.

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

V. LEAVE AND RETIREMENT BENEFITS

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

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

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

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

VI. TEACHER'S ORGANIZATION

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

Sec. 28. Discrimination Against Teachers Prohibited. The rights established in the immediately
preceding Section shall be exercised without any interference or coercion. It shall be unlawful for any
person to commit any acts of discrimination against teachers which are calculated to

(a) make the employment of a teacher subject to the condition that he shall not join an organization,
or shall relinquish membership in an organization,
(b) to cause the dismissal of or otherwise prejudice a teacher by reason of his membership in an
organization or because of participation in organization activities outside school hours, or with the
consent of the proper school authorities, within school hours, and (c) to prevent him from carrying
out the duties laid upon him by his position in the organization, or to penalize him for an action
undertaken in that capacity.

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

VII. ADMINISTRATION AND ENFORCEMENT

Sec. 30. Rules and Regulations. The Secretary of Education shall formulate and prepare the necessary
rules and regulations to implement the provisions of this Act. Rules and regulations issued pursuant to this
Section shall take effect thirty days after publication in a newspaper of general circulation and by such
other means as the Secretary of Education deems reasonably sufficient to give interested parties general
notice of such issuance.
Sec. 31. Budgetary Estimates. The Secretary of Education shall submit to Congress annually the
necessary budgetary estimates to implement the provisions of the Act concerning the benefits herein
granted to public school teachers under the employ of the National Government.

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

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

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

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

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

TITLE V
THE FAMILY

CHAPTER 1. THE FAMILY AS AN INSTITUTION

Art. 149. The family, being the foundation of the nation, is a basic social institution which public policy
cherishes and protects. Consequently, family relations are governed by law and no custom, practice or
agreement destructive of the family shall be recognized or given effect. (216a, 218a)

Art. 150. Family relations include those:

(1) Between husband and wife;
(2) Between parents and children;
(3) Among brothers and sisters, whether of the full or half-blood. (217a)

Art. 151. No suit between members of the same family shall prosper unless it should appear from the
verified complaint or petition that earnest efforts toward a compromise have been made, but that the same
have failed. If it is shown that no such efforts were in fact made, the same case must be dismissed.
This rules shall not apply to cases which may not be the subject of compromise under the Civil Code.
(222a)

Chapter 2. The Family Home

Art. 152. The family home, constituted jointly by the husband and the wife or by an unmarried head of a
family, is the dwelling house where they and their family reside, and the land on which it is situated. (223a)
Art. 153. The family home is deemed constituted on a house and lot from the time it is occupied as a family
residence. From the time of its constitution and so long as any of its beneficiaries actually resides therein,
the family home continues to be such and is exempt from execution, forced sale or attachment except as
hereinafter provided and to the extent of the value allowed by law. (223a)

Art. 154. The beneficiaries of a family home are:

(1) The husband and wife, or an unmarried person who is the head of a family; and
(2) Their parents, ascendants, descendants, brothers and sisters, whether the relationship be
legitimate or illegitimate, who are living in the family home and who depend upon the head of the
family for legal support. (226a)

Art. 155. The family home shall be exempt from execution, forced sale or attachment except:
(1) For nonpayment of taxes;
(2) For debts incurred prior to the constitution of the family home;
(3) For debts secured by mortgages on the premises before or after such constitution; and
(4) For debts due to laborers, mechanics, architects, builders, materialmen and others who have
rendered service or furnished material for the construction of the building. (243a)

Art. 156. The family home must be part of the properties of the absolute community or the conjugal
partnership, or of the exclusive properties of either spouse with the latter’s consent. It may also be
constituted by an unmarried head of a family on his or her own property.

Nevertheless, property that is the subject of a conditional sale on installments where ownership is reserved
by the vendor only to guarantee payment of the purchase price may be constituted as a family home. (227a,
228a)

Art. 157. The actual value of the family home shall not exceed, at the time of its constitution, the amount of
the three hundred thousand pesos in urban areas, and two hundred thousand pesos in rural areas, or such
amounts as may hereafter be fixed by law.

In any event, if the value of the currency changes after the adoption of this Code, the value most favorable
for the constitution of a family home shall be the basis of evaluation.
For purposes of this Article, urban areas are deemed to include chartered cities and municipalities whose
annual income at least equals that legally required for chartered cities. All others are deemed to be rural
areas. (231a)

Art. 158. The family home may be sold, alienated, donated, assigned or encumbered by the owner or
owners thereof with the written consent of the person constituting the same, the latter’s spouse, and a
majority of the beneficiaries of legal age. In case of conflict, the court shall decide. (235a)
Art. 159. The family home shall continue despite the death of one or both spouses or of the unmarried
head of the family for a period of ten years or for as long as there is a minor beneficiary, and the heirs
cannot partition the same unless the court finds compelling reasons therefor. This rule shall apply
regardless of whoever owns the property or constituted the family home. (238a)

Art. 160. When a creditor whose claims is not among those mentioned in Article 155 obtains a judgment in
his favor, and he has reasonable grounds to believe that the family home is actually worth more than the
maximum amount fixed in Article 157, he may apply to the court which rendered the judgment for an order
directing the sale of the property under execution. The court shall so order if it finds that the actual value of
the family home exceeds the maximum amount allowed by law as of the time of its constitution. If the
increased actual value exceeds the maximum allowed in Article 157 and results from subsequent voluntary
improvements introduced by the person or persons constituting the family home, by the owner or owners of
the property, or by any of the beneficiaries, the same rule and procedure shall apply.

At the execution sale, no bid below the value allowed for a family home shall be considered. The proceeds
shall be applied first to the amount mentioned in Article 157, and then to the liabilities under the judgment
and the costs. The excess, if any, shall be delivered to the judgment debtor. (247a, 248a)

Art. 161. For purposes of availing of the benefits of a family home as provided for in this Chapter, a person
may constitute, or be the beneficiary of, only one family home. (n)

Art. 162. The provisions in this Chapter shall also govern existing family residences insofar as said
provisions are applicable. (n)

TITLE VI
PATERNITY AND FILIATION

Chapter 1. Legitimate Children

Art. 163. The filiation of children may be by nature or by adoption. Natural filiation may be legitimate or
illegitimate. (n)

Art. 164. Children conceived or born during the marriage of the parents are legitimate.

Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of
a donor or both are likewise legitimate children of the husband and his wife, provided, that both of them
authorized or ratified such insemination in a written instrument executed and signed by them before the
birth of the child. The instrument shall be recorded in the civil registry together with the birth certificate of
the child. (55a, 258a)
Art. 165. Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided
in this Code. (n)
Art. 166. Legitimacy of a child may be impugned only on the following grounds:
(1) That it was physically impossible for the husband to have sexual intercourse with his wife within the
first 120 days of the 300 days which immediately preceded the birth of the child because of:
(a) the physical incapacity of the husband to have sexual intercourse with his wife;
(b) the fact that the husband and wife were living separately in such a way that sexual
intercourse was not possible; or
(c) serious illness of the husband, which absolutely prevented sexual intercourse;
(2) That it is proved that for biological or other scientific reasons, the child could not have been that of
the husband, except in the instance provided in the second paragraph of Article 164; or
(3) That in case of children conceived through artificial insemination, the written authorization or
ratification of either parent was obtained through mistake, fraud, violence, intimidation, or undue
influence. (255a)

Art. 167. The child shall be considered legitimate although the mother may have declared against its
legitimacy or may have been sentenced as an adulteress. (256a)

Art. 168. If the marriage is terminated and the mother contracted another marriage within three hundred
days after such termination of the former marriage, these rules shall govern in the absence of proof to the
contrary:
(1) A child born before one hundred eighty days after the solemnization of the subsequent marriage is
considered to have been conceived during the former marriage, provided it be born within three
hundred days after the termination of the former marriage;
(2) A child born after one hundred eighty days following the celebration of the subsequent marriage is
considered to have been conceived during such marriage, even though it be born within the three
hundred days after the termination of the former marriage. (259a)

Art. 169. The legitimacy or illegitimacy of a child born after three hundred days following the termination of
the marriage shall be proved by whoever alleges such legitimacy or illegitimacy. (261a)

Art. 170. The action to impugn the legitimacy of the child shall be brought within one year from the
knowledge of the birth or its recording in the civil register, if the husband or, in a proper case, any of his
heirs, should reside in the city or municipality where the birth took place or was recorded.

If the husband or, in his default, all of his heirs do not reside at the place of birth as defined in the first
paragraph or where it was recorded, the period shall be two years if they should reside in the Philippines;
and three years if abroad. If the birth of the child has been concealed from or was unknown to the husband
or his heirs, the period shall be counted from the discovery or knowledge of the birth of the child or of the
fact of registration of said birth, whichever is earlier. (263a)

Art. 171. The heirs of the husband may impugn the filiation of the child within the period prescribed in the
preceding article only in the following cases:
(1) If the husband should died before the expiration of the period fixed for bringing his action;
(2) If he should die after the filing of the complaint without having desisted therefrom; or
(3) If the child was born after the death of the husband. (262a)
 Chapter 2. Proof of Filiation
Art. 172. The filiation of legitimate children is established by any of the following:
(1) The record of birth appearing in the civil register or a final judgment; or
(2) An admission of legitimate filiation in a public document or a private handwritten instrument and
signed by the parent concerned.

In the absence of the foregoing evidence, the legitimate filiation shall be roved by:
(1) The open and continuous possession of the status of a legitimate child; or
(2) Any other means allowed by the Rules of Court and special laws. (265a, 266a, 267a)

Art. 173. The action to claim legitimacy may be brought by the child during his or her lifetime and shall be
transmitted to the heirs should the child die during minority or in a state of insanity. In these cases, the heirs
shall have a period of five years within which to institute the action.

Art. 174. Legitimate children shall have the right:

(1) To bear the surnames of the father and the mother, in conformity with the provisions of the Civil
Code on Surnames;
(2) To receive support from their parents, their ascendants, and in proper cases, their brothers and
sisters, in conformity with the provisions of this Code on Support; and
(3) To be entitled to the legitimate and other successional rights granted to them by the Civil Code.
(264a)

Chapter 3. Illegitimate Children

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

Chapter 4. Legitimated Children

Art. 177. Only children conceived and born outside of wedlock of parents who, at the time of the conception
of the former, were not disqualified by any impediment to marry each other may be legitimated. (269a)

Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of
a voidable marriage shall not affect the legitimation. (270a)

Art. 179. Legitimated children shall enjoy the same rights as legitimate children. (272a)

Art. 180. The effects of legitimation shall retroact to the time of the child’s birth. (273a)
Art. 181. The legitimation of children who died before the celebration of the marriage shall benefit their
descendants. (274)

Art. 182. Legitimation may be impugned only by those who are prejudiced in their rights, within five years
from the time their cause of action accrues. (275a)

TITLE VII
ADOPTION
Art. 183. A person of age and in possession of full civil capacity and legal rights may adopt, provided he is
in a position to support and care for his children, legitimate or illegitimate, in keeping with the means of the
family.

Only minors may be adopted, except in the cases when the adoption of a person of majority age is allowed
in this Title.

In addition, the adopter must be at least sixteen years older than the person to be adopted, unless the
adopter is the parent by nature of the adopted, or is the spouse of the legitimate parent of the person to be
adopted. (27a, E. O. 91 and PD 603)

Art. 184. The following persons may not adopt:

(1) The guardian with respect to the ward prior to the approval of the final accounts rendered upon the
termination of their guardianship relation;
(2) Any person who has been convicted of a crime involving moral turpitude;
(3) An alien, except:
(a) A former Filipino citizen who seeks to adopt a relative by consanguinity;
(b) One who seeks to adopt the legitimate child of his or her Filipino spouse; or
(c) One who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse a
relative by consanguinity of the latter.

Aliens not included in the foregoing exceptions may adopt Filipino children in accordance with the rules on
inter-country adoptions as may be provided by law. (28a, E. O. 91 and PD 603)

Art. 185. Husband and wife must jointly adopt, except in the following cases:
(1) When one spouse seeks to adopt his own illegitimate child; or
(2) When one spouse seeks to adopt the legitimate child of the other. (29a, E. O. 91 and PD 603)

Art. 186. In case husband and wife jointly adopt or one spouse adopts the legitimate child of the other, joint
parental authority shall be exercised by the spouses in accordance with this Code. (29a, E. O. and PD 603)

Art. 187. The following may not be adopted:

(1) A person of legal age, unless he or she is a child by nature of the adopter or his or her spouse, or,
prior to the adoption, said person has been consistently considered and treated by the adopter as
his or her own child during minority.
(2) An alien with whose government the Republic of the Philippines has no diplomatic relations; and
 (3) A person who has already been adopted unless such adoption has been previously revoked or
rescinded. (30a, E. O. 91 and PD 603)

Art. 188. The written consent of the following to the adoption shall be necessary:
(1) The person to be adopted, if ten years of age or over,
(2) The parents by nature of the child, the legal guardian, or the proper government instrumentality;
(3) The legitimate and adopted children, ten years of age or over, of the adopting parent or parents;
(4) The illegitimate children, ten years of age or over, of the adopting parent, if living with said parent
and the latter’s spouse, if any; and
(5) The spouse, if any, of the person adopting or to be adopted. (31a, E. O. 91 and PD 603)

Art. 189. Adoption shall have the following effects:

(1) For civil purposes, the adopted shall be deemed to be a legitimate child of the adopters and both
shall acquire the reciprocal rights and obligations arising from the relationship of parent and child,
including the right of the adopted to use the surname of the adopters;
(2) The parental authority of the parents by nature over the adopted shall terminate and be vested in
the adopters, except that if the adopter is the spouse of the parent by nature of the adopted,
parental authority over the adopted shall be exercised jointly by both spouses; and
(3) The adopted shall remain an intestate heir of his parents and other blood relatives. (39(1)a, (3)a,
PD 603)

Art. 190. Legal or intestate succession to the estate of the adopted shall be governed by the following
rules:
(1) Legitimate and illegitimate children and descendants and the surviving spouse of the adopted shall
inherit from the adopted, in accordance with the ordinary rules of legal or intestate succession;
(2) When the parents, legitimate or illegitimate, or the legitimate ascendants of the adopted concur
with the adopter, they shall divide the entire estate, one-half to be inherited by the parents or
ascendants and the other half, by the adopters;
(3) When the surviving spouse or the illegitimate children of the adopted concur with the adopters,
they shall divide the entire estate in equal shares, one-half to be inherited by the spouse or the
illegitimate children of the adopted and the other half, by the adopters.
(4) When the adopters concur with the illegitimate children and the surviving spouse of the adopted,
they shall divide the entire estate in equal shares, one-third to be inherited by the illegitimate
children, one-third by the surviving spouse, and one-third by the adopters;
(5) When only the adopters survive, they shall inherit the entire estate; and
(6) When only collateral blood relatives of the adopted survive, then the ordinary rules of legal or
intestate succession shall apply. (39(4)a, PD 603)

Art. 191. If the adopted is a minor or otherwise incapacitated, the adoption may be judicially rescinded
upon petition of any person authorized by the court or proper government instrumental acting on his behalf,
on the same grounds prescribed for loss or suspension of parental authority. If the adopted is at least
eighteen years of age, he may petition for judicial rescission of the adoption on the same grounds
prescribed for disinheriting an ascendant. (40a, PD 603)

Art. 192. The adopters may petition the court for the judicial rescission of the adoption in any of the
following cases:
(1) If the adopted has committed any act constituting ground for disinheriting a descendant; or
 (2) When the adopted has abandoned the home of the adopters during minority for at least one year,
or, by some other acts, has definitely repudiated the adoption. (41a, PD 603)

Art. 193. If the adopted minor has not reached the age of majority at the time of the judicial rescission of
the adoption, the court in the same proceeding shall reinstate the parental authority of the parents by
nature, unless the latter are disqualified or incapacitated, in which case the court shall appoint a guardian
over the person and property of the minor. If the adopted person is physically or mentally handicapped, the
court shall appoint in the same proceeding a guardian over his person or property or both.

Judicial rescission of the adoption shall extinguish all reciprocal rights and obligations between the
adopters and the adopted arising from the relationship of parent and child. The adopted shall likewise lose
the right to use the surnames of the adopters and shall resume his surname prior to the adoption.
The court shall accordingly order the amendment of the records in the proper registries. (42a, PD 603)

TITLE VIII
SUPPORT
Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical
attendance, education and transportation, in keeping with the financial capacity of the family.
The education of the person entitled to be supported referred to in the preceding paragraph shall include
his schooling or training for some profession, trade or vocation, even beyond the age of majority.
Transportation shall include expenses in going to and from school, or to and from place of work. (290a)

Art. 195. Subject to the provisions of the succeeding articles, the following are obliged to support each
other to the whole extent set forth in the preceding article:
(1) The spouses;
(2) Legitimate ascendants and descendants;
(3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;
(4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and
(5) Legitimate brothers and sisters, whether of full or half-blood (291a)

Art. 196. Brothers and sisters not legitimately related, whether of the full or half-blood, are likewise bound
to support each other to the full extent set forth in Article 194, except only when the need for support of the
brother or sister, being of age, is due to a cause imputable to the claimant’s fault or negligence. (291a)

Art. 197. In case of legitimate ascendants; descendants, whether legitimate or illegitimate; and brothers
and sisters, whether legitimately or illegitimately related, only the separate property of the person obliged to
give support shall be answerable provided that in case the obligor has no separate property, the absolute
community or the conjugal partnership, if financially capable, shall advance the support, which shall be
deducted from the share of the spouse obliged upon the liquidation of the absolute community or of the
conjugal partnership. (n)

Art. 198. During the proceedings for legal separation or for annulment of marriage, and for declaration of
nullity of marriage, the spouses and their children shall be supported from the properties of the absolute
community or the conjugal partnership. After the final judgment granting the petition, the obligation of
mutual support between the spouses ceases. However, in case of legal separation, the court may order
that the guilty spouse shall give support to the innocent one, specifying the terms of such order. (292a)

Art. 199. Whenever two or more persons are obliged to give support, the liability shall devolve upon the
following persons in the order herein provided:
(1) The spouse;
(2) The descendants in the nearest degree;
(3) The ascendants in the nearest degree; and
(4) The brothers and sisters. (294a)

Art. 200. When the obligation to give support falls upon two or more persons, the payment of the same
shall be divided between them in proportion to the resources of each.

However, in case of urgent need and by special circumstances, the judge may order only one of them to
furnish the support provisionally, without prejudice to his right to claim from the other obligors the share due
from them.

When two or more recipients at the same time claim support from one and the same person legally obliged
to give it, should the latter not have sufficient means to satisfy all claims, the order established in the
preceding article shall be followed, unless the concurrent obligees should be the spouse and a child subject
to parental authority, in which case the child shall be preferred. (295a)

Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to
the resources or means of the giver and to the necessities of the recipient. (296a)

Art. 202. Support in the cases referred to in the preceding article shall be reduced or increased
proportionately, according to the reduction or increase of the necessities of the recipient and the resources
or means of the person obliged to furnish the same. (297a)

Art. 203. The obligation to give support shall be demandable from the time the person who has a right to
receive the same needs it for maintenance, but it shall not be paid except from the date of judicial or extra-
judicial demand.

Support pendente lite may be claimed in accordance with the Rules of Court.
Payment shall be made within the first five days of each corresponding month or when the recipient dies,
his heirs shall not be obliged to return what he has received in advance. (298a)

Art. 204. The person obliged to give support shall have the option to fulfill the obligation either by paying
the allowance fixed, or by receiving and maintaining in the family dwelling the person who has a right to
receive support. The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto.
(299a)

Art. 205. The right to receive support under this Title as well as any money or property obtained as such
support shall not be levied upon on attachment or execution. (302a)
Art. 206. When, without the knowledge of the person obliged to give support, it is given by a stranger, the
latter shall have a right to claim the same from the former, unless it appears that he gave it without intention
of being reimbursed. (2164a)
Art. 207. When the person obliged to support another unjustly refuses or fails to give support when urgently
needed by the latter, any third person may furnish support to the needy individual, with right of
reimbursement from the person obliged to give support. This Article shall particularly apply when the father
or mother of a child under the age of majority unjustly refuses to support or fails to give support to the child
when urgently needed. (2166a)

Art. 208. In case of contractual support or that given by will, the excess in amount beyond that required for
legal support shall be subject to levy on attachment or execution.

Furthermore, contractual support shall be subject to adjustment whenever modification is necessary due to
changes of circumstances manifestly beyond the contemplation of the parties. (n)

TITLE IX
PARENTAL AUTHORITY

CHAPTER 1. GENERAL PROVISIONS

Art. 209. Pursuant to the natural right and duty of parents over the person and property of their
unemancipated children, parental authority and responsibility shall include the caring for and rearing them
for civic consciousness and efficiency and the development of their moral, mental and physical character
and well-being. (n)

Art. 210. Parental authority and responsibility may not be renounced or transferred except in the cases
authorized by law. (313a)

Art. 211. The father and the mother shall jointly exercise parental authority over the persons of their
common children. In case of disagreement, the father’s decision shall prevail, unless there is a judicial
order to the contrary.

Children shall always observe respect and reverence towards their parents and are obliged to obey them
as long as the children are under parental authority. (311a)

Art. 212. In case of absence or death of either parent, the parent present shall continue exercising parental
authority. The remarriage of the surviving parent shall not affect the parental authority over the children,
unless the court appoints another person to be the guardian of the person or property of the children. (n)

Art. 213. In case of separation of the parents, parental authority shall be exercised by the parent
designated by the Court. The Court shall take into account all relevant considerations, especially the choice
of the child over seven years of age, unless the parent chosen is unfit. (n)
Art. 214. In case of death, absence or unsuitability of the parents, substitute parental authority shall be
exercised by the surviving grandparent. In case several survive, the one designated by the court, taking
into account the same consideration mentioned in the preceding article, shall exercise the authority. (355a)
Art. 215. No descendant shall be compelled, in a criminal case, to testify against his parents and
grandparents, except when such testimony is indispensable in a crime against the descendant or by one
parent against the other. (315a)

Chapter 2. Substitute and Special Parental Authority

Art. 216. In default of parents or a judicially appointed guardian, the following person shall exercise
substitute parental authority over the child in the order indicated:
(1) The surviving grandparent, as provided in Art. 214;
(2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and
(3) The child’s actual custodian, over twenty-one years of age, unless unfit or disqualified.

Whenever the appointment or a judicial guardian over the property of the child becomes necessary, the
same order of preference shall be observed. (349a, 351a, 354a)

Art. 217. In case of foundlings, abandoned neglected or abused children and other children similarly
situated, parental authority shall be entrusted in summary judicial proceedings to heads of children’s homes,
orphanages and similar institutions duly accredited by the proper government agency. (314a)

Art. 218. The school, its administrators and teachers, or the individual, entity or institution engaged in child
are shall have special parental authority and responsibility over the minor child while under their
supervision, instruction or custody.
Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of
the school, entity or institution. (349a)

Art. 129. Those given the authority and responsibility under the preceding Article shall be principally and
solidarily liable for damages caused by the acts or omissions of the unemancipated minor. The parents,
judicial guardians or the persons exercising substitute parental authority over said minor shall be
subsidiarily liable.

The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved that
they exercised the proper diligence required under the particular circumstances.
All other cases not covered by this and the preceding articles shall be governed by the provisions of the
Civil Code on quasi-delicts. (n)

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

Art. 220. The parents and those exercising parental authority shall have with the respect to their
unemancipated children on wards the following rights and duties:
(1) To keep them in their company, to support, educate and instruct them by right precept and good
example, and to provide for their upbringing in keeping with their means;
(2) To give them love and affection, advice and counsel, companionship and understanding;
(3) To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-
discipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in
them compliance with the duties of citizenship;
 (4) To furnish them with good and wholesome educational materials, supervise their activities,
recreation and association with others, protect them from bad company, and prevent them from
acquiring habits detrimental to their health, studies and morals;
(5) To represent them in all matters affecting their interests;
(6) To demand from them respect and obedience;
(7) To impose discipline on them as may be required under the circumstances; and
(8) To perform such other duties as are imposed by law upon parents and guardians. (316a)

Art. 221. Parents and other persons exercising parental authority shall be civilly liable for the injuries and
damages caused by the acts or omissions of their unemancipated children living in their company and
under their parental authority subject to the appropriate defenses provided by law. (2180(2)a and (4)a )

Art. 222. The courts may appoint a guardian of the child’s property or a guardian ad litem when the best
interests of the child so requires. (317)

Art. 223. The parents or, in their absence or incapacity, the individual, entity or institution exercising
parental authority, may petition the proper court of the place where the child resides, for an order providing
for disciplinary measures over the child. The child shall be entitled to the assistance of counsel, either of his
choice or appointed by the court, and a summary hearing shall be conducted wherein the petitioner and the
child shall be heard.

However, if in the same proceeding the court finds the petitioner at fault, irrespective of the merits of the
petition, or when the circumstances so warrant, the court may also order the deprivation or suspension of
parental authority or adopt such other measures as it may deem just and proper. (318a)

Art. 224. The measures referred to in the preceding article may include the commitment of the child for not
more than thirty days in entities or institutions engaged in child care or in children’s homes duly accredited
by the proper government agency.
The parent exercising parental authority shall not interfere with the care of the child whenever committed
but shall provide for his support. Upon proper petition or at its own instance, the court may terminate the
commitment of the child whenever just and proper. (391a)

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

Art. 225. The father and the mother shall jointly exercise legal guardianship over the property of the
unemancipated common child without the necessity of a court appointment. In case of disagreement, the
father’s decision shall prevail, unless there is a judicial order to the contrary.
Where the market value of the property or the annual income of the child exceeds P50,000, the parent
concerned shall be required to furnish a bond in such amount as the court may determine, but not less than
ten per centum (10%) of the value of the property or annual income, to guarantee the performance of the
obligations prescribed for general guardians.
A verified petition for approval of the bond shall be filed in the proper court of the place where the child
resides, or, if the child resides in a foreign country, in the proper court of the place where the property or
any part thereof is situated.
The petition shall be docketed as a summary special proceeding in which all incidents and issues regarding
the performance of the obligations referred to in the second paragraph of this Article shall be heard and
resolved.
The ordinary rules on guardianship shall be merely suppletory except when the child is under substitute
parental authority, or the guardian is a stranger, or a parent has remarried, in which case the ordinary rules
on guardianship shall apply. (320a)

Art. 226. The property of the unemancipated child earned or acquired with his work or industry or by
onerous or gratuitous title shall belong to the child in ownership and shall be devoted exclusively to the
latter’s support and education, unless the title or transfer provides otherwise.
The right of the parents over the fruits and income of the child’s property shall be limited primarily to the
child’s support and secondarily to the collective daily needs of the family. (321a, 323a)

Art. 227. If the parents entrust the management or administration of any of their properties to an
unemancipated child, the net proceeds of such property shall belong to the owner. The child shall be given
a reasonable monthly allowance in an amount not less than that which the owner would have paid if the
administrator were a stranger, unless the owner, grants the entire proceeds to the child. In any case, the
proceeds thus give in whole or in part shall not be charged to the child’s legitime. (322a)

Chapter 5. Suspension or Termination of Parental Authority

Art. 228. Parental authority terminates permanently:
(1) Upon the death of the parents
(2) Upon the death of the child; or
(3) Upon emancipation of the child. (327a)

Art. 229. Unless subsequently revived by a final judgment, parental authority also terminates:
(1) Upon adoption of the child;
(2) Upon appointment of a general guardian;
(3) Upon judicial declaration of abandonment of the child in a case filed for the purpose;
(4) Upon final judgment of a competent court divesting the party concerned of parental authority; or
(5) Upon judicial declaration of absence or incapacity of the person exercising parental authority.
(327a)

Art. 230. Parental authority is suspended upon conviction of the parent or the person exercising the same
of a crime which carries with it the penalty of civil interdiction. The authority is automatically reinstated upon
service of the penalty or upon pardon or amnesty of the offender. (330a)

Art. 231. The court in an action filed for the purpose in a related case may also suspend parental authority
if the parent or the person exercising the same:
(1) Treats the child with excessive harshness or cruelty;
(2) Gives the child corrupting orders, counsel or example;
(3) Compels the child to beg; or
(4) Subjects the child or allows him to be subjected to acts of lasciviousness.

The grounds enumerated above are deemed to include cases which have resulted from culpable
negligence of the parent or the person exercising parental authority.

If the degree of seriousness so warrants, or the welfare of the child so demands, the court shall deprive the
guilty party of parental authority or adopt such other measures as may be proper under the circumstances.
The suspension or deprivation may be revoked and the parental authority revived in a case filed for the
purpose or in the same proceeding if the court finds that the cause therefor has ceased and will not be
repeated. (33a)

Art. 232. If the person exercising parental authority has subjected the child or allowed him to be subjected
to sexual abuse, such person shall be permanently deprived by the court of such authority. (n)

Art. 233. The person exercising substitute parental authority shall have the same authority over the person
of the child as the parents.

In no case shall the school administrator, teacher of individual engaged in child care exercising special
parental authority inflict corporal punishment upon the child. (n)

REPUBLIC ACT NO. 10627

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:
(e) To achieve and maintain an accelerating rate of economic development and social
progress;
(d) To ensure the maximum participation of all the people in the attainment and
enjoyment of the benefits of such growth; and
(e) To achieve and strengthen national unity and consciousness and preserve, develop and
promote desirable cultural, moral and spiritual values in a changing world.
The State shall promote the right of every individual to relevant quality education, regardless of sex, age,
creed, socio-economic status, physical and mental conditions, racial or ethnic origin, political or other
affiliation. The State shall therefore promote and maintain equality of access to education as well as the
enjoyment of the benefits of education by all its citizens.

The state shall promote the right of the nation’s cultural communities in the exercise of their right to develop
themselves within the context of their cultures, customs, traditions, interest and belief, and recognizes
education as an instrument for their maximum participation in national development and in ensuring their
involvement in achieving national unity.

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

1. Provide for a broad general education that will assist each individuals in the
peculiar ecology of his own society, to (a) attain his potentials as a human being; (b)
enhance the range and quality of individual and group participation in the basic functions of
society; and (c) acquire the essential educational foundation of his development into a
productive and versatile citizen;
2. Train the nation’s manpower in the middle-level skills for national development;
3. Develop the profession that will provide leadership for the nation in the
advancement of knowledge for improving the quality of human life; and
4. Respond effectively to changing needs and conditions of the nation through a system of
educational planning and evaluation.

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

Furthermore, the educational system shall reach out to educationally deprived communities, in order to give
meaningful reality to their membership in the national society, to enrich their civic participation in the
community and national life, and to unify all Filipinos into a free and just nation.

II. THE EDUCATIONAL COMMUNITY

CHAPTER 1
Preliminary Provisions

SECTION 5. Declaration of Policy and Objectives. — It is likewise declared government policy to foster,
at all times, a spirit of shared purposes and cooperation among the members and elements of the
educational community, and between the community and other sectors of society, in the realization that
only in such an atmosphere can be true goals and objectives of education be fulfilled.

Moreover, the State shall:

1. Aid and support the natural right and duty of parents in the rearing of the youth through the
educational system.
2. Promote and safeguard the welfare and interest of the students by defining their rights and
obligations, according them privileges, and encouraging the establishment of sound relationships between
them and the other members of the school community.
3. Promote the social economic status of all school personnel, uphold their rights,
define their obligations, and improve their living and working conditions and career
prospects.
4. Extend support to promote the viability of those institutions through which parents,
students and school personnel seek to attain their educational goals.

SECTION 6. Definition and Coverage. — “Educational community” refers to those persons or groups of
persons as such or associated in institutions involved in organized teaching and learning systems.

The members and elements of the educational community are:

1. “Parents” or guardians or the head of the institution or foster home which has
custody of the pupil or student.
2. “Students,” or those enrolled in and who regularly attend and educational
institution of secondary or higher level of a person engaged in formal study. “Pupils,” are
those who regularly attend a school of elementary level under the supervision and tutelage
of a teacher.
3 “School personnel,” or all persons working for an educational institution, which includes the
following:

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

and/or research assignments, either on full-time or part-time basis, in all levels of
the educational system.
b. “School administrators,” or all persons occupying policy implementing
positions having to do with the functions of the school in all levels.
c. “Academic non-teaching personnel,” or those persons holding some
academic qualifications and performing academic functions directly supportive of
teaching,
such as registrars, librarians, research assistants, research aides, and similar staff.
d. “Non-academic personnel,” or all other school personnel not falling under the
definition and coverage of teaching and academic staff, school administrators and
academic non-teaching personnel.
4. “Schools,” or institutions recognized by the State which undertake educational operations.

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

Representatives from each subgroup of the educational community shall sit and participate in these bodies,
the rules and procedures of which must be approved by them and duly published.
 CHAPTER 2
Rights

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

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

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

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

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

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

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

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

1. The right to be free from compulsory assignments not related to their duties as defined in their
appointments or employment contracts, unless compensated therefor, conformably to existing law.
2. The right to intellectual property consistent with applicable laws.
3. Teachers shall be deemed persons in authority when in the discharge of lawful
duties and responsibilities, and shall, therefore, be accorded due respect and protection.
4. Teachers shall be accorded the opportunity to choose alternative career lines either in
school administration, in classroom teaching, or others, for purposes of career
advancement.

SECTION 12. Special Rights of School Administration. — School administrators shall, in accordance
with existing laws, regulations and policies of the Ministry of Education, Culture and Sports, be accorded
sufficient administrative discretion necessary for the efficient and effective performance of their functions.

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

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

1. The right of their governing boards or lawful authorities to provide for the proper
governance of the school and to adopt and enforce administrative or management
systems.
2. The right for institutions of higher learning to determine on academic grounds who shall be
admitted to study, who may teach, and what shall be subjects of the study and research.

CHAPTER 3
Duties and Obligations
SECTION 14. Duties of Parents. — In addition to those provided for under existing laws, all parents shall
have the following duties and obligations:

1. Parents, individually or collectively, through the school systems, shall help carry
out the educational objectives in accordance with national goals.
2. Parents shall be obliged to enable their children to obtain elementary education
and shall strive to enable them to obtain secondary and higher education in the pursuance
of the right formation of the youth.
3. Parents shall cooperate with the school in the implementation of the school program
curricular and co-curricular.

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

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

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

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

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

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

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

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

shall:

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

techniques in his profession.
2. Assume, promote and maintain an atmosphere conducive to service and learning.
3. Promote and maintain an atmosphere conducive to service and learning.

III. THE EDUCATIONAL SYSTEMS

CHAPTER 1
Formal Education

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

SECTION 20. Definition. — “Formal Educational” refers to the hierarchically structured and chronologically
graded learning organized and provided by the formal school system and for which certification is required
in order for the learner to progress through the grades or move to higher levels. Formal education shall
correspond to the following levels:

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

concerned with providing basic education and usually corresponding to six or seven
grades, including pre-school programs.
 2. Secondary Education. — the state of formal education following the elementary
level concerned primarily with continuing basic education and expanding it to include the
learning of employable gainful skills, usually corresponding to four years of high school.
3. Tertiary Education. — post secondary schooling is higher education leading to a degree in
a specific profession or discipline.

SECTION 21. Objectives of Elementary Education. — The objectives of elementary education are:

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

SECTION 22. Objectives of Secondary Education. — The objectives of secondary education are:

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

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

SECTION 23. Objective of Tertiary Education. — The objectives of tertiary education are:

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

CHAPTER 2
Non-Education and Specialized Educational Services

SECTION 24. Specialized Educational Service. — The State further recognizes its responsibility to
provide, within the context of the formal education system, services to meet special needs of certain
clientele. These specific types, which shall be guided by the basic policies of the State embodied in the
General Provisions of this Act, include:

1. “Work Education,” or “Practical Arts,” as a program of basic education which aims

to develop the right attitudes towards work; and “technical-vocational education,” post-
 secondary but non-degree programs leading to one, two, or three year certificates in
preparation for a group of middle-level occupations.
2. “Special Education,” the education of persons who are physically, mentally,
emotionally, socially, or culturally different from the so-called “normal” individuals that they
require modification of school practices/services to develop them to their maximum
capacity; and
3. “Non-formal Education,” any organized school-based educational activities undertaken by
the Ministry of Education, Culture and Sports and other agencies aimed at attaining
specific learning objectives for a particular clientele, especially the illiterates and the out-of-
school youth and adults, distinct from and outside the regular offerings of the formal school
system.

The objectives of non-formal education are as follows:

a. To eradicate illiteracy and raise the level of functional literacy of the population;
b. To provide unemployed and underemployed youth and adults with appropriate
vocational/technical skills to enable them to become more productive and effective
citizens; and
c. To develop among the clientele of non-formal education proper values and attitudes
necessary for personal, community and national development.

CHAPTER 3
Establishment of Schools

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

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

SECTION 26. Definition of Terms. — The terms used in this

Chapter are defined as follows:

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

2. “Public Schools” are educational institutions established and administered by the
government.
3. “Private Schools” are educational institutions maintained and administered by private
individuals or groups.
SECTION 27. Recognition of Schools. — The educational operations of schools shall be subject to their
prior authorization of the government, and shall be affected by recognition. In the case of government
operated schools, whether local, regional, or national, recognition of educational programs and/or
operations shall be deemed granted simultaneously with establishment.

In all other case the rules and regulations governing recognition shall be prescribed and enforced by the
Ministry of Education, Culture and Sports defining therein who are qualified to apply, providing for a permit
system, stating the conditions for the grant of recognition and for its cancellation and withdrawal, and
providing for related matters.

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

recognition to a school shall have the following effects:

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

2. It entitled the school or college to give the students who have completed the
course for which recognition is granted, a certificate, title or diploma; and
3. It shall entitle the students who have graduated from said recognized course or courses to
all the benefits and privileges enjoyed by graduates in similar courses of studies in all
schools recognized by the government.

Operation of schools and educational programs without authorization, and/or operation thereof in violation
of the terms of recognition, are hereby declared punishable violations subject to the penalties provided in
this Act.

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

CHAPTER 4
Internal Organization of Schools

SECTION 30. Organization of Schools. — Each school shall establish such internal organization as will
best enable it to carry out its academic and administrative functions, subject to limitations provided by law.

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

SECTION 31. Governing Board. — Every government college or university as a tertiary institution and
every private school shall have a governing board pursuant to its charter or the Corporation Code of the
Philippines, as the case may be.

SECTION 32. Personnel Transactions. — The terms and conditions of employment of personnel in
government schools shall be governed by the Civil Service, budgetary and compensation laws and rules.
In private schools, dispute arising from employer-employee relations shall fall under the jurisdiction of the
Ministry of Labor and Employment as provided for by law regulations: Provided, That in view of the special
employment status of the teaching and academic non-teaching personnel, and their special roles in the
advancement of knowledge, standards set or promulgated jointly by the Ministry of Education, Culture and
Sports and by the Ministry of Labor and Employment shall be applied by the Ministry of Labor and
Employment: Provided, further, That every private school shall establish and implement an appropriate
system within the school for the prompt and orderly settlement of provisions of Articles 262 and 263 of the
Labor Code.

CHAPTER 5
School Finance and Assistance

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

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

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

A. FUNDING OF REPUBLIC SCHOOLS

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

SECTION 35. Financial Aid Assistance to Public Secondary Schools. — The national government shall
extend financial aid and assistance to public secondary schools established and maintained by local
governments, including barangay high schools.

SECTION 36. Share of Local Government. — Provinces, cities and municipalities and barangays shall
appropriate funds in their annual budgets for the operation and maintenance of public secondary schools
on the basis of national fund participation.

SECTION 37. Special Education Fund. — The proceeds of the Special Education Fund accruing to local
governments shall be used exclusively for the purposes enumerated in Section 1 of Republic Act No. 5447,
and in accordance with rules and regulations issued by the Ministry of Education, Culture and Sports and
the Ministry of the Budget. Said proceeds shall be considered a local fund and shall be subject to
Presidential Decrees No. 477, Presidential Decree No. 1375 and other applicable local budget laws and
regulations.
SECTION 38. Tuition and other School Fees. — Secondary and post-secondary schools may charge
tuition and other school fees, in order to improve facilities or to accommodate more students.

SECTION 39. Income from other Sources. — Government-supported educational institution may receive
grants, legacies, donations and gifts for purposes allowed by existing laws.

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

B. FUNDING OF PRIVATE SCHOOLS

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

SECTION 41. Government Assistance. — The government, in recognition of their complementary role in
the educational system, may provide aid to the programs of private schools in the form of grants or
scholarships, or loans from government financial institutions: Provided, That such programs meet certain
defined educational requirements and standards and contribute to the attainment of national development
goals.

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

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

Furthermore, private schools are authorized to engage in any auxiliary enterprise to generate income
primarily to finance their educational operations and/or to reduce the need to increase students’ fees.

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

C. INCENTIVES TO EDUCATION

SECTION 45. Declaration of Policy. — It is the policy of the State in the pursuit of its national education
development goals to provide an incentive program to encourage the participation of the community in the
development of the educational sector.
SECTION 46. Relating to School Property. — Real property, such as lands, buildings and other
improvements thereon used actually, directly and exclusively for educational purposes shall be subject to
the real property tax based on an assessment of fifteen per cent of the market value of such property:
Provided, That all the proceeds from the payment thereof shall accrue to a special private education fund
which shall be managed and disbursed by a local private school board which shall be constituted in each
municipality or chartered city with private educational institutions with the mayor or his representative as
chairman and not more than two representatives of the institutional taxpayers, and, likewise, not more than
two residents of the municipality or chartered city who are alumni of any of the institutional taxpayers as
members: Provided, further, That fifty percent of the additional one percent tax on real estate property
provided for under Republic Act 5447, shall accrue to the special private education fund: Provided, finally,
That in municipalities or chartered cities wherein the number of private institutions with individual enrollment
of pupils and students over five thousand exceeds fifteen, the members of the private school board shall be
increased to not more than fourteen members determined proportionately by the Minister of Education,
Culture and Sports. The private school board shall adopt its own rules which shall enable it to finance the
annual programs and projects of each institutional taxpayer for the following purposes; student-pupil
scholarships; improvement of instructional, including laboratory, facilities and/or equipment; library books
and periodicals acquisition; and extension service in the community, in that order of priority.

SECTION 47. Relating to Gifts or Donations to Schools. — All gifts or donation in favor of any school,
college or university recognized by the Government shall not be subject to tax; Provided, That such gifts or
donations shall be for improvement of classrooms and laboratory of library facilities, and shall not inure to
the benefit of any officer, director, official, or owner or owners of the school, or paid out as salary,
adjustments or allowance of any form or nature whatsoever, except in support of faculty and/or professorial
chairs.

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

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

SECTION 50. Conversion to Educational Foundations. — An educational institution may convert itself
into a non-stock, non-profit educational foundation, in accordance with the implementing rules to be issued
jointly by the Ministry of Education, Culture and Sports and the Ministry of Finance.

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

D. ASSISTANCE TO STUDENTS

SECTION 51. Government Assistance to Students. — The government shall provide financial
assistance to financially disadvantaged and deserving students. Such assistance may be in the form of
State scholarships, grants-in-aid, assistance from the Educational Loan Fund, or subsidized tuition rates in
State colleges and universities.

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

SECTION 52. Grant of Scholarship Pursuant to Existing Laws. — Educational institutions shall be
encouraged to grant scholarships to students pursuant to the provisions of existing laws and such
scholarship measures as may hereafter be provided for by law.

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

IV. THE MINISTRY OF EDUCATION, CULTURE AND SPORTS

CHAPTER 1
GENERAL PROVISIONS

SECTION 54. Declaration of Policy. — The administration of the education system and, pursuant to the
provisions of the Constitution, the supervision and regulation of educational institutions are hereby vested
in the Ministry of Education, Culture and Sports, without prejudice to the provisions of the charter of any
state college and university.

SECTION 55. Organization. — The Ministry shall be headed by the Minister of Education, Culture and
Sports who shall be assisted by one or more Deputy Ministers. The organization of the Ministry shall
consist of (a) the Ministry Proper composed of the immediate Office of the Minister, and the Services of the
Ministry, (b) the Board of Higher Education, which is hereby established, (c) the Bureau of Elementary
Education, the Bureau of Secondary Education, the Bureau of Higher Education, the Bureau of Technical
and Vocational Education, and the Bureau of Continuing Education, which are hereby established, (d)
Regional offices and field offices, (e) the National Scholarship Center and such other agencies as are now
or may be established pursuant to law, and (f) the cultural agencies, namely: the National Library, the
National Historical Institute, the National Museum, and the Institute of National Language. Such of the
above offices as are created or authorized to be established under this provision, shall be organized and
staffed and shall function, subject to the approval of the President, upon recommendation of the Minister of
Education, Culture and Sports in consultation with the Presidential Commission on Reorganization.
SECTION 56. The National Board of Education is hereby abolished, and its appropriations, personnel,
records, and equipment are hereby transferred to the Office of the Minister of Education, Culture and
Sports.

SECTION 57. Functions and Powers of the Ministry. — The Ministry shall:

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

educational plans;
2. Plan, develop and implement programs and projects in education and culture;
3. Promulgate rules and regulations necessary for the administration, supervision
and regulation of the educational system in accordance with declared policy;
4. Set up general objectives for the school system;
5. Coordinate the activities and functions of the school system and the various
cultural agencies under it;
6. Coordinate and work with agencies concerned with the educational and cultural
development of the national cultural communities; and
7. Recommend and study legislation proposed for adoption.

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

CHAPTER 2
BOARD OF HIGHER EDUCATION

SECTION 59. Declaration of Policy. — Higher education will be granted towards the provision of better
quality education, the development of middle and high-level manpower, and the intensification of research
and extension services. The main thrust of higher education is to achieve equity, efficiency, and high quality
in the institutions of higher learning both public and private, so that together they will provide a complete set
of program offerings that meet both national and regional development needs.

SECTION 60. Organization of the Board of Higher Education. — The Board of Higher Education is
reconstituted as an advisory body to the Minister of Education, Culture and Sports. The Board shall be
composed of a Deputy Minister of Education, Culture and Sports designated as Chairman and four other
members to be appointed by the President of the Philippines upon nomination by the Minister of Education,
Culture and Sports for a term of four years. The four members shall have distinguished themselves in the
field of higher education and development either in the public or private sector. In the initial appointment of
the non-ex officio members, the first appointee shall serve for a term of four years; the second for a term of
three years; the third for a term of two years; and the fourth for a term of one year. The Director of the
Bureau of Higher Education shall participate in the deliberation of the Board but without the right to vote.
The Bureau of Higher Education shall provide the Board with the necessary technical and staff support:
Provided, That the Board may create technical panels of experts in the various disciplines as the need
arises.

SECTION 61. Function of the Board of Higher Education. — The Board shall:

1. Make policy recommendations regarding the planning and management of the integrated
system of higher education and the continuing evaluation thereof.
2. Recommend to the Minister of Education, Culture and Sports steps to improve the
governance of the various components of the higher education system at national and
regional levels.
3. Assist the Minister of Education, Culture and Sports in making recommendation relatives
to the generation of resources and their allocation for higher education.

CHAPTER 3
THE BUREAUS

SECTION 62. Bureau of Elementary Education. — The Bureau shall perform the following functions:
Conduct studies and formulate, develop, and evaluate programs and educational standards for elementary
education;

1. Undertake studies necessary for the preparation of prototype curricular designs,

instructional materials, and teacher training programs for elementary education; and
2. Formulate guidelines to improve elementary school physical plants and equipment, and
general management of these schools.

SECTION 63. Bureau of Secondary Education. — The Bureau shall perform the following functions:

1. Conduct studies and formulate, develop and evaluate programs and educational standards
for secondary education;
2. Develop curricular designs, prepare instructional materials, and prepare and evaluate
programs to update the quality of the teaching and non-teaching staff at the secondary
level;
3. Formulate guidelines to improve the secondary school physical plants and equipment, and
general management of these schools.

SECTION 64. Bureau of Technical and Vocational Education. — The Bureau shall perform the
following:

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

2. Conduct studies, formulate, develop and evaluate post-secondary vocational-technical
programs and recommend educational standards for these programs;
3. Develop curricular designs and prepare instructional materials, prepare and evaluate
programs to upgrade the
 quality of teaching and non-teaching staff, and formulate guidelines to improve the physical
plant and equipment of post-secondary vocational-technical schools.

SECTION 65. Bureau of Higher Education. — The Bureau of higher Education shall perform the following
functions:

1. Develop, formulate and evaluate programs, projects and educational standards for a
higher education;
2. Provide staff assistance to the Board of Higher Education in its policy formulation and
advisory functions;
3. Provide technical assistance to encourage institutional development programs and
projects;
4. Compile, analyze and evaluate data on higher education; and
5. Perform other functions provided for by law.

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

1. Serve as a means of meeting the learning needs of those unable to avail themselves of the
educational services and programs of formal education;
2. Provide opportunities for the acquisition of skills necessary to enhance and ensure
continuing employability, efficiency, productivity, and competitiveness in the labor market;
3. Serve as a means for expanding access to educational opportunities to citizens of varied
interests, demographic characteristics and socio-economic origins or status.

CHAPTER 4
REGIONAL OFFICES

SECTION 67. Functions. — A regional office shall:

1. Formulate the regional plan of education based on the national plan of the Ministry
taking into account the specific needs and special traditions of the region;
2. Implement education laws, policies, plans, programs, rules and regulations of the
Ministry or agency in the regional area;
3. Provide economical, efficient and effective education services to the people in the area.

V. MISCELLANEOUS PROVISIONS CHAPTER 1

PENAL ADMINISTRATIVE SANCTIONS

SECTION 68. Penalty Clause. — Any person upon conviction for an act in violation of Section 28, Chapter
3, Title III above, shall be punished with a fine of not less than two thousand pesos (P2,000.00) nor more
than ten thousand pesos (P10,000.00) or imprisonment for a maximum period of two (2) years, or both, in
the discretion of the court.
If the act is committed by a school corporation, the school head together with the person or persons
responsible for the offense or violation shall be equally liable.

SECTION 69. Administrative Sanction. — The Minister of Education, Culture and Sports may prescribe
and impose such administrative sanction as he may deem reasonable and appropriate in the implementing
rules and regulations promulgated pursuant to this Act for any of the following causes:

1. Mismanagement of school operations;

2. Gross inefficiency of the teaching or non-teaching personnel;
3. Fraud or deceit committed in connection with the application for Ministry permit or
recognition;
4. Failure to comply with conditions or obligations prescribed by this Code or its implementing
rules and regulations; and
5. Unauthorized operation of a school or course, or any component thereof, or any violation
of the requirement governing advertisements or announcements of educational institutions.

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

CHAPTER 2
ADMINISTRATIVE PROVISIONS

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

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

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

SECTION 73. Effectivity. — This Act shall take effect upon its approval.

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

Republic Act 7877

Anti-Sexual Harassment Act of 1995

AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR

TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES.
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

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

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

SECTION 3. Work, Education or Training -Related, Sexual Harassment Defined. – Work, education
or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent
of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority,
influence or moral ascendancy over another in a work or training or education environment, demands,
requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request
or requirement for submission is accepted by the object of said Act.

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

(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment
or continued employment of said individual, or in granting said individual favorable
compensation, terms of conditions, promotions, or privileges; or the refusal to grant the
sexual favor results in limiting, segregating or classifying the employee which in any
way would discriminate, deprive ordiminish employment opportunities or otherwise
adversely affect said employee;
(2) The above acts would impair the employee's rights or privileges under existing labor laws;
or
(3) The above acts would result in an intimidating, hostile, or offensive environment for the
employee.
(b) In an education or training environment, sexual harassment is committed:
(1) Against one who is under the care, custody or supervision of the offender;
(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the
offender;
(3) When the sexual favor is made a condition to the giving of a passing grade, or the
granting of honors and scholarships, or the payment of a stipend, allowance or other
benefits, privileges, or consideration; or
(4) When the sexual advances result in an intimidating, hostile or offensive environment for
the student, trainee or apprentice.

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

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

Environment. – It shall be the duty of the employer or the head of the work-related, educational or training
environment or institution, to prevent or deter the commission of acts of sexual harassment and to provide
the procedures for the resolution, settlement or prosecution of acts of sexual harassment. Towards this
end, the employer or head of office shall:
 (a) Promulgate appropriate rules and regulations in consultation with and joint1y approved by the
employees or students or trainees, through their duly designated representatives, prescribing the
procedure for the investigation of sexual harassment cases and the administrative
sanctions therefore administrative sanctions shall not be a bar to prosecution in the proper courts
for unlawful acts of sexual harassment.

The said rules and regulations issued pursuant to this subsection (a) shall include, among others,
guidelines on proper decorum in the workplace and educational or training institutions.

(b) Create a committee on decorum and investigation of cases on sexual harassment. The committee
shall conduct meetings, as the case may be, with officers and employees, teachers, instructors,
professors, coaches, trainers, and students or trainees to increase understanding and
prevent incidents of sexual harassment. It shall also conduct the investigation of alleged cases
constituting sexual harassment.

In the case of a work-related environment, the committee shall be composed of at least one (1)
representative each from the management, the union, if any, the employees from the supervisory rank,
and from the rank and file employees.

In the case of the educational or training institution, the committee shall be composed of at least one (1)
representative from the administration, the trainors, instructors, professors or coaches and students or
trainees, as the case may be.

The employer or head of office, educational or training institution shall disseminate or post a copy of this
Act for the information of all concerned.

SECTION 5. Liability of the Employer, Head of Office, Educational or Training Institution – The
employer or head of office, educational or training institution shall be solidarily liable for damages arising
from the acts of sexual harassment committed in the employment, education or training environment if the
employer or head of office, educational or training institution is informed of such acts by the offended party
and no immediate action is taken.

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

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

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

SECTION 8. Separability Clause. – If any portion or provision of this Act is declared void or
unconstitutional, the remaining portions or provisions hereof shall not be affected by such declaration.
SECTION 9. Repealing Clause. – All laws, decrees, orders, rules and regulations, other issuances, or
parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

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

Approved:

(Sgd.) EDGARDO J. ANGARA

President of the Senate

(Sgd.) JOSE DE VENECIA, JR .

Speaker of the House of Representatives

This Act is a consolidation of House Bill No. 9425 and Senate Bill No. 1632 was finally passed by the
House of Representatives and the Senate on February 8, 1995.

(Sgd.) EDGARDO E. TUMANGAN

Secretary of the Senate

(Sgd.) CAMILO L. SABIO

Secretary General
House of Representatives

Approved: February 14, 1995

(Sgd.) FIDEL V. RAMOS

President of the Philippines