EDUC 65

Module 4
LEGAL BASES OF BASES AND POLICIES OF
SPECIAL AND INCLUSIVE EDUCATION
● ▪️1987 PHIL CONSTITUTION ART XIV SEC 1 & 2
ARTICLE XIV
Education, Science and Technology, Arts, Culture and Sports

EDUCATION

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

SECTION 2. The State shall:

(1) Education relevant to the needs of the people and society;

(2) Free public education in the elementary and high school levels.

(3) Scholarship grants, student loan programs, subsidies, and other incentives.

(4) Encourage non-formal, informal, and indigenous learning systems, as well as

self-learning, independent, and out-of-school study programs particularly those that
respond to community needs; and

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

● ▪️RA 10533 ENHANCED BASIC EDUCATION

AN ACT ENHANCING THE PHILIPPINE BASIC EDUCATION SYSTEM BY
STRENGTHENING ITS CURRICULUM AND INCREASING THE NUMBER OF YEARS
FOR BASIC EDUCATION, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES
Also known as “Enhanced Basic Education Act of 2013”

Approved on: May 15, 2013

Signed By: Benigno S. Aquino III

Expanded Basic Education from 10 years to 12 years through Senior High School.
Tracks:
1. Academic Track
2. Technical-Vocational-Livelihood
3. Sports and Arts track

Declaration of Policy- The state shall create a functional basic education system that will
develop productive and responsible citizens equipped with the essential:
● Competencies
● Skills
● Values
● For lifelong learning and employment

To achieve-
1. The state shall allow students to receive a quality education system that is
globally competitive.
2. Broaden the goals of high school education for:
- College preparation
- Vocational and technical career opportunities
- Creative arts and sports
- Entrepreneurial employment.
3. Make Education learner oriented and responsive to the needs of Cognitive and
cultural capacity. Circumstances and diversity of learners, schools, and
community through the appropriate languages of teaching and learning.
- Including Mother tongue as Learning resource.

Enhanced Basic Education Encompasses:

1. 1 Year Kindergarten
- A preparatory Education
- Entrant Age: at least 5yrs old.
2. Elementary Education
- 6 years
- Entrant Age: Normally at 6 yrs old.
 3. Secondary Education
- Consist of 4 years Junior High School
- 2 years Senior High School Education
- Entrant Age: JHS (12 yrs old) SHS (16 yrs old)

The Enhanced Basic Education shall include, but not limited to:
● Programs for the gifted and talented
● Programs for the learners with disabilities
● Madrasah Program
● Indigenous people Education Program
● Programs for leaders under difficult circumstances

Learning Instructions:
● Kindergarten- Grade 3 shall be in Native Language
● Grade 4-6 - shall have a gradual transition into English and Filipino
● Junior and Senior High School- English and Filipino shall become their primary
language.

Development of Curriculum was formulated:

● Department of Education
● In partnership with the Commission on Higher Education (CHED)
● Technical Education and skills development Authority (TESDA)
● With the consent of National government agencies and stakeholders they crafted
harmonized basic and tertiary curricula for global competitiveness for Filipino
graduates.

Aims to lessen:
● Percentage of unready incoming college students
● Remedial classes
● Duplication of basic education subjects

Standards & Principles that need to be presents and honed in every Learners,
Educators and School Institutions:
1. Learner-centered, inclusive, developmentally appropriate.
2. Culture-sensitive, Contextualized, Localized and Global.
3. Uses constructivist:
- Inquiry based
- Reflective
- Collaborative
- Integrative approaches
 4. Relevant, response, and research based. Enables learners to:
- Develop understanding
- Create environment for learning
- Carry out research independently.
5. Uses spiral progression approach for mastery of knowledge and skills
- Applied by introducing ideas
- Rediscovering through complex form.
6. Adheres the framework of MTB-MLE.
- Mother tongue based multilingual Education.

It is also in the scope of this Republic Act the:

● Different Education & Training for teachers
● Inservice training on Content and Pedagogy
- Both public and private school teachers should attend two of the training
sessions for them to meet the performance standard of K-12 curriculum.
● Training for New teachers- new graduates shall undergo additional training to
upgrade their skills to the new content standards of the new curriculum.

● RA 8371 INDIGENOUS PEOPLE'S RIGHT ACT

INTRODUCTION

On October 29, 1997, the Republic Act No. 8371 of 1997 or Indigenous Peoples’ Rights
Act (IPRA) was passed. It is an act that recognizes, protects and promotes the rights of
the indigenous cultural communities/indigenous people, creating a national commission
on indigenous peoples, establishing implementing mechanisms, appropriating funds
therefore, and for other purposes.

Republic Act 8371

(The Indigenous People’s Rights Act of 1997)

There are approximately 14-17 million indigenous People and Approximately 134 tribes
here in the Philippines. These tribes have Different Culture, Religion,Language and
Even Justice Systems, that's why the Republic Act 8371 or indigenous people rights
Acts of 1997 Establish. This law Includes Right in Ancestral Domains, Right in
Self-Governance and Empowerment ,Social Justice and Human Rights, Cultural
Integrity, Delineation and Recognition of Ancestral Domains and lastly Ancestral
Domain Fund
 CHAPTER 3
Ancestral DOMAINS

Indigenous People Should Have Concept of Territories which Cover not only Physical
Environment but includes Cultural and Spiritual Bonds. Indigenous People should also
have the concept of ownership means that their ancestral lands or domains became
private but community property.

CHAPTER 4
RIGHT TO SELF-GOVERNANCE AND EMPOWERMENT

The State Shall Recognize the Government and Jurisdiction System of Indigenous
People here in the Philippines.

CHAPTER 5
SOCIAL JUSTICE AND HUMAN RIGHTS

Indigenous people treat as same treatment to non-indigenous people therefore they

would be no Discrimination and Entitled to have Human Rights too. They Should be
Respected and Enjoy Equal Opportunity with others.

CHAPTER 6
CULTURAL INTEGRITY

Including State protection of Indigenous Culture,Traditions and Institutions; Right to

Control and Establish Their own Educational System, Community Intellectual Rights;
Rights to Religious cultural sites and ceremonies; Right to Indigenous Knowledge
Systems and Practices and to Develop their own Science and Technologies Right of
access to Biological and Genetic Resources And the Right to sustainable
Agro-Technical Development.
CHAPTER 8
DELINEATION ANCESTRAL AND RECOGNITION OF DOMAINS

As part the concept 3, since they have the concept of ownership to their ancestral to
their domains the government specially the Department of Environmental and Natural
Resources shall take the Necessary steps to identify the indigenous people's land to
occupy indigenous people's land and guarantee effective protection of their rights, also
according to chapter 8 section 60, All land's certified to be ancestral domains shall be
exempted from real property tax.
 CHAPTER 10
ANCESTRAL DOMAINS FUND

The Ancestral domains fund is needed for development and delineation of ancestral
domains. The initial amount ₱130, 000, 000 to conduct it all the 50, 000, 00 will come
from PCSO and another 10 Million will come from Travel Tax of the preceding year.

CHAPTER 11
PENALTIES

If this law is violated, the penalty will be no less than 9 months but no more than 12
years and go with the amount of not less than ₱100,000 depending on how heavy your
penalty is. If the offender is a public official, then it will result in the cancellation of their
registration or license. Based on Chapter 7, The National Commission on Indigenous
People is the one who will enforce these policies and laws. This agency will be the one
that should be responsible for the implementation of policies, plans and programs and
also promote and protect the rights of indigenous peoples.

● PD 603
THE CHILD AND YOUTH WELFARE CODE
TITLE I. GENERAL PRINCIPLES
ARTICLE 1. Declaration of Policy. - The Child is one of the most important assets of
the nation. Every effort should be exerted to promote his welfare and enhance his
opportunities for a useful and happy life.
The child is not a mere creature of the State. Hence, his traits and aptitudes should be
cultivated to the utmost insofar as they do not conflict with the general welfare.
The molding of the character of the child starts at the home. Consequently, every
member of the family should strive to make the home a wholesome and harmonious
place as its atmosphere and conditions will greatly influence the child's development.

SECTION 1. Title. – This Act shall be known as the “Special Protection of Children
Against Abuse, Exploitation and Discrimination Act.”
SECTION 2. Declaration of State Policy and Principles. – It is hereby declared to be the
policy of the State to provide special protection to children from all forms of abuse,
neglect, cruelty exploitation and discrimination and other conditions, prejudicial their
development; provide sanctions for their commission and carry out a program for
prevention and deterrence of and crisis intervention in situations of child abuse,
exploitation, and discrimination. The State shall intervene on behalf of the child when
the parent, guardian, teacher, or person having care or custody of the child fails or is
unable to protect the child against abuse, exploitation, and discrimination or when such
acts against the child are committed by the said parent, guardian, teacher or person
having care and custody of the same.
SECTION 3. Definition of Terms. –
(a) “Children” refers to person below eighteen (18) years of age or those over but
are unable to fully take care of themselves or protect themselves from abuse,
neglect, cruelty, exploitation, or discrimination because of a physical or mental
disability or condition;
(b) “Child abuse” refers to the maltreatment, whether habitual or not, of the child
which includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse, and
emotional maltreatment;
(2) Any act by deeds or words which debases, degrades, or demeans the
intrinsic worth and dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and
shelter; or
(4) Failure to immediately give medical treatment to an injured child resulting
in serious impairment of his growth and development or his permanent
incapacity or death.
(c) “Circumstances which gravely threaten or endanger the survival and normal
development of children” include, but are not limited to, the following:
(1) Being in a community where there is armed conflict or being affected by
armed conflict-related activities.
(2) Working under conditions hazardous to life, safety, and normal which
unduly interfere with their normal development;
(3) Living in or fending for themselves in the streets of urban or rural areas
without the care of parents or a guardian or basic services needed for a
good quality of life;
(4) Being a member of an indigenous cultural community and/or living under
conditions of extreme poverty or in an area which is underdeveloped
and/or lacks or has inadequate access to basic services needed for a
good quality of life;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those above-stated which endanger the life,
safety, or normal development of children.
(d) “Comprehensive program against child abuse, exploitation, and discrimination”
refers to the coordinated program of services and facilities to protected children
against:
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
 (3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
(5) Circumstances that threaten or endanger the survival and normal
development of children.
SECTION 4. Formulation of the Program. – There shall be a comprehensive program to
be formulated, by the Department of Justice and the Department of Social Welfare and
Development in coordination with other government agencies and private sector
concerned, within one (1) year from the effectivity of this Act, to protect children against
child prostitution and other sexual abuse; child trafficking, obscene publications and
indecent shows; other acts of abuse; and circumstances which endanger child survival
and normal development.
SECTION 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or
female, who for money, profit, or any other consideration or due to the coercion or
influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious
conduct, are deemed to be children exploited in prostitution and other sexual abuse.
SECTION 6. Attempt To Commit Child Prostitution. – There is an attempt to commit
child prostitution under Section 5, paragraph (a) hereof when any person who, not being
a relative of a child, is found alone with the said child inside the room or cubicle of a
house, an inn, hotel, motel, pension house, apartelle or other similar establishments,
vessel, vehicle or any other hidden or secluded area under circumstances which would
lead a reasonable person to believe that the child is about to be exploited in prostitution
and other sexual abuse.
SECTION 7. Child Trafficking. – Any person who shall engage in trading and dealing
with children including, but not limited to, the act of buying and selling of a child for
money, or any other consideration, or barter, shall suffer the penalty of reclusion
temporal to reclusion Perpetua. The penalty shall be imposed in its maximum period
when the victim is under twelve (12) years of age.
SECTION 8. Attempt to Commit Child Trafficking. – There is an attempt to commit child
trafficking under Section 7 of this Act:
(a) When a child travels alone to a foreign country without valid reason therefor and
without clearance issued by the Department of Social Welfare and Development
or written permit or justification from the child’s parents or legal guardian;
(b) When a person, agency, establishment, or child-caring institution recruits women
or couples to bear children for child trafficking; or
(c) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil
registrar, or any other person simulates birth for child trafficking; or
(d) When a person engages in the act of finding children among low-income families,
hospitals, clinics, nurseries, day-care centers, or other child-during institutions
who can be offered for child trafficking.
SECTION 9. Obscene Publications and Indecent Shows. – Any person who shall hire,
employ, use, persuade, induce or coerce a child to perform in obscene exhibitions and
indecent shows, whether live or in video, or model in obscene publications or
pornographic materials or to sell or distribute the said materials shall suffer the penalty
of prison mayor in its medium period.
SECTION 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other
Conditions Prejudicial to the Child’s Development. –
(a) Any person who shall commit any other acts of child abuse, cruelty, or
exploitation or to be responsible for other conditions prejudicial to the child’s
development including those covered by Article 59 of Presidential Decree No.
603, as amended, but not covered by the Revised Penal Code, as amended,
shall suffer the penalty of prison mayor in its minimum period.
(b) Any person who shall keep or have in his company a minor, twelve (12) years or
under or who in ten (10) years or more his junior in any public or private place,
hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage
parlor, beach and/or other tourist resort or similar places shall suffer the penalty
of prison mayor in its maximum period and a fine of not less than Fifty thousand
pesos (P50,000.00): Provided, That this provision shall not apply to any person
who is related within the fourth degree of consanguinity or affinity or any bond
recognized by law, local custom and tradition or acts in the performance of social,
moral or legal duty.
(c) Any person who shall induce, deliver or offer a minor to anyone prohibited by this
Act to keep or have in his company a minor as provided in the preceding
paragraph shall suffer the penalty of prison mayor in its medium period and a fine
of not less than Forty thousand pesos (P40,000.00); Provided, however, That
should the perpetrator be an ascendant, stepparent or guardian of the minor, the
penalty to be imposed shall be prison mayor in its maximum period, a fine of not
less than Fifty thousand pesos (P50,000.00), and the loss of parental authority
over the minor.
(d) Any person, owner, manager, or one entrusted with the operation of any public or
private place of accommodation, whether for occupancy, food, drink, or
otherwise, including residential places, who allows any person to take along with
him to such place or places any minor herein described shall be imposed a
penalty of prison mayor in its medium period and a fine of not less than fifty
thousand pesos (P50,000.00), and the loss of the license to operate such a place
or establishment.
(e) Any person who shall use, coerce, force, or intimidate a street child or any other
child to:
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prison correctional in
its medium period to reclusion Perpetua.
SECTION 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or
Conduct Activities Constituting Child Prostitution and Other Sexual Abuse, Child
Trafficking, Obscene Publications, and Indecent Shows, and Other Acts of Abuse. – All
establishments and enterprises which promote or facilitate child prostitution and other
sexual abuse, child trafficking, obscene publications, indecent shows, and other acts of
abuse shall be immediately closed and their authority or license to operate canceled,
without prejudice to the owner or manager thereof being prosecuted under this Act
and/or the Revised Penal Code, as amended, or special laws. A sign with the words
“off-limits” shall be conspicuously displayed outside the establishments or enterprises
by the Department of Social Welfare and Development for such period which shall not
be less than one (1) year, as the Department may determine. The unauthorized removal
of such signs shall be punishable by prison correctional.
SECTION 12. Employment of Children. – Children below fifteen (15) years of age may
be employed except:
(1) When a child works directly under the sole responsibility of his parents or legal
guardian and where only members of the employer’s family are employed:
Provided, however, That his employment neither endangers his life, safety, and
health, and morals, nor impairs his normal development: Provided, further, That
the parent or legal guardian shall provide the said minor child with the prescribed
primary and/or secondary education; or
(2) When a child’s employment or participation in public & entertainment or
information through cinema, theater, radio or television is essential: Provided,
The employment contract concluded by the child’s parent or guardian, with the
express agreement of the child concerned, if possible, and the approval of the
Department of Labor and Employment: Provided, That the following
requirements in all instances are strictly complied with:
(a) The employer shall ensure the protection, health, safety, and morals of the child;
(b) the employer shall institute measures to prevent the child’s exploitation or
discrimination taking into account the system and level of remuneration, and the
duration and arrangement of working time; and
(c) The employer shall formulate and implement, subject to the approval and
supervision of competent authorities, a continuing program for training and skill
acquisition of the child.
SECTION 13. Non-formal Education for Working Children. – The Department of
Education, Culture and Sports shall promulgate a course design under its non-formal
education program aimed at promoting the intellectual, moral, and vocational efficiency
of working children who have not undergone or finished elementary or secondary
education. Such course design shall integrate the learning process deemed most
effective under given circumstances.
SECTION 14. Prohibition on the Employment of Children in Certain Advertisements. –
No person shall employ child models in all commercials or advertisements promoting
alcoholic beverages, intoxicating drinks, tobacco, and its byproducts, and violence.
SECTION 15. Duty of Employer. – Every employer shall comply with the duties provided
for in Articles 108 and 109 of Presidential Decree No. 603.
SECTION 16. Penalties. – Any person who shall violate any provision of this Article
shall suffer the penalty of a fine of not less than one thousand pesos (P1,000) but not
more than Ten thousand pesos (P10,000) or imprisonment of not less than three (3)
months but not more than three (3) years, or both at the discretion of the court:
Provided, That, in case of repeated violations of the provisions of this Article, the
offender’s license to operate shall be revoked.
SECTION 17. Survival, Protection, and Development. – In addition to the rights
guaranteed to children under this Act and other existing laws, children of indigenous
cultural communities shall be entitled to protection, survival, and development
consistent with the customs and traditions of their respective communities.
SECTION 18. System of and Access to Education. – The Department of Education,
Culture, and Sports shall develop and institute an alternative system of education for
children of indigenous cultural communities which culture-specific and relevant to the
needs of and the existing situation in their communities. The Department of Education,
Culture, and Sports shall also accredit and support non-formal but functional indigenous
educational programs conducted by non-government organizations in said communities.
SECTION 19. Health and Nutrition. – The delivery of basic social services in health and
nutrition to children of indigenous cultural communities shall be given priority by all
government agencies concerned. Hospitals and other health institutions shall ensure
that children of indigenous cultural communities are given equal attention. In the
provision of health and nutrition services to children of indigenous cultural communities,
indigenous health practices shall be respected and recognized.
SECTION 20. Discrimination. – Children of indigenous cultural communities shall not be
subjected to any forms of discrimination.
SECTION 21. Participation. – Indigenous cultural communities, through their
duly-designated or appointed representatives shall be involved in planning,
decision-making implementation, and evaluation of all government programs affecting
children of indigenous cultural communities. The Indigenous institutions shall also be
recognized and respected.
SECTION 22. Children as Zones of Peace. – Children are hereby declared as Zones of
Peace. It shall be the responsibility of the State and all other sectors concerned to
resolve armed conflicts to promote the goal of children as zones of peace. To attain this
objective, the following policies shall be observed.
(a) Children shall not be the object of attack and shall be entitled to special respect.
They shall be protected from any form of threat, assault, torture, or other cruel,
inhumane, or degrading treatment;
 (b) Children shall not be recruited to become members of the Armed Forces of the
Philippines of its civilian units or other armed groups, nor be allowed to take part
in the fighting, or used as guides, couriers, or spies;
(c) Delivery of basic social services such as education, primary health, and
emergency relief services shall be kept unhampered;
(d) The safety and protection of those who provide services including those involved
in fact-finding missions from both government and non-government institutions
shall be ensured. They shall not be subjected to undue harassment in the
performance of their work;
(e) Public infrastructure such as schools, hospitals, and rural health units shall not
be utilized for military purposes such as command posts, barracks, detachments,
and supply depots; and
(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily
separated due to armed conflict.
SECTION 23. Evacuation of Children During Armed Conflict. – Children shall be given
priority during evacuation as a result of armed conflict. Existing community
organizations shall be tapped to look after the safety and well-being of children during
evacuation operations. Measures shall be taken to ensure that children evacuated are
accompanied by persons responsible for their safety and well-being.
SECTION 24. Family Life and Temporary Shelter. – Whenever possible, members of the
same family shall be housed in the same premises and given separate accommodation
from other evacuees and provided with facilities to lead a normal family life. In places of
temporary shelter, expectant and nursing mothers and children shall be given additional
food in proportion to their physiological needs. Whenever feasible, children shall be
given opportunities for physical exercise, sports, and outdoor games.
SECTION 25. Rights of Children Arrested for Reasons Related to Armed Conflict. – Any
child who has been arrested for reasons related to armed conflict, either as a
combatant, courier, guide, or spy is entitled to the following rights;
(a) Separate detention from adults except where families are accommodated as
family units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or guardians of the child; and
(d) Release of the child on recognizance within twenty-four (24) hours to the custody
of the Department of Social Welfare and Development or any responsible
member of the community as determined by the court.
SECTION 26. Monitoring and Reporting of Children in Situations of Armed Conflict. –
The chairman of the barangay affected by the armed conflict shall submit the names of
children residing in said barangay to the municipal social welfare and development
officer within twenty-four (24) hours from the occurrence of the armed conflict.
SECTION 27. Who May File a Complaint? – Complaints on cases of unlawful acts
committed against the children as enumerated herein may be filed by the following:
 (a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;
(d) Officer, social worker, or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation occurred.
SECTION 28. Protective Custody of the Child. – The offended party shall be
immediately placed under the protective custody of the Department of Social Welfare
and Development under Executive Order No. 56, series of 1986. In the regular
performance of this function, the officer of the Department of Social Welfare and
Development shall be free from any administrative, civil or criminal liability. Custody
proceedings shall be by the provisions of Presidential Decree No. 603.
SECTION 29. Confidentiality. – At the instance of the offended party, his name may be
withheld from the public until the court acquires jurisdiction over the case.
SECTION 30. Special Court Proceedings. – Cases involving violations of this Act shall
be heard in the chambers of the judge of the Regional Trial Court duly designated as
Juvenile and Domestic Court.
SECTION 31. Common Penal Provisions. –
(a) The penalty provided under this Act shall be imposed in its maximum period if the
offender has been previously convicted under this Act;
(b) When the offender is a corporation, partnership, or association, the officer or
employee thereof who is responsible for the violation of this Act shall suffer the
penalty imposed in its maximum period;
(c) The penalty provided herein shall be imposed in its maximum period when the
perpetrator is an ascendant, parent guardian, stepparent or collateral relative
within the second degree of consanguinity or affinity, or a manager or owner of
an establishment which has no license to operate or its license has expired or
has been revoked;
(d) When the offender is a foreigner, he shall be deported immediately after service
of sentence and forever barred from entry to the country;
(e) The penalty provided for in this Act shall be imposed in its maximum period if the
offender is a public officer or employee: Provided, however, That if the penalty
imposed is reclusion Perpetua or reclusion temporal, then the penalty of
perpetual or temporary absolute disqualification shall also be imposed: Provided,
finally, That if the penalty imposed is prison correccional or arresto mayor, the
penalty of suspension shall also be imposed; and
(f) A fine to be determined by the court shall be imposed and administered as a
cash fund by the Department of Social Welfare and Development and disbursed
for the rehabilitation of each child victim, or any immediate member of his family
if the latter is the perpetrator of the offense.
SECTION 32. Rules and Regulations. – Unless otherwise provided in this Act, the
Department of Justice, in coordination with the Department of Social Welfare and
Development, shall promulgate rules and regulations of the effective implementation of
this Act.
SECTION 33. Appropriations. – The amount necessary to carry out the provisions of
this Act is hereby authorized to be appropriated in the General Appropriations Act of the
year following its enactment into law and thereafter.
SECTION 34. Separability Clause. – If any provision of this Act is declared invalid or
unconstitutional, the remaining provisions not affected thereby shall continue in full force
and effect.
SECTION 35. Repealing Clause. – All laws, decrees, or rules inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.
SECTION 36. Effectivity Clause. – This Act shall take effect upon completion of its
publication in at least two (2) national newspapers of general circulation.

● REPUBLIC ACT 9344

AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE
SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER
THE DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES
SECTION 1. Short Title and Scope. - This Act shall be known as the "Juvenile Justice
and Welfare Act of 2006." It shall cover the different stages involving children at risk and
children in conflict with the law from prevention to rehabilitation and reintegration.
SECTION 2. Declaration of State Policy.
SECTION 3. Liberal Construction of this Act. - In case of doubt, the interpretation of any
of the provisions of this Act, including its implementing rules and regulations (IRRs),
shall be construed liberally in favor of the child in conflict with the law.
SECTION 4. Definition of Terms. - The following terms as used in this Act shall be
defined as follows:
a) "Bail.
b) "Best Interest of the Child"
c) "Child"
d) "Child at Risk"
e) "Child in Conflict with the Law”
f) "Community-based Programs”
g) "Court"
h) "Deprivation of Liberty"
i) "Diversion"
j) "Diversion Program"
k) "Initial Contact With-the Child"
l) "Intervention
 m) "Juvenile Justice and Welfare System"
n) "Law Enforcement Officer"
o) "Offense"
p) "Recognizance"
q) "Restorative Justice
r) "Status Offenses"
s) "Youth Detention Home"
t) "Youth Rehabilitation Center"
u) "Victimless Crimes"
SECTION 5. Rights of the Child in Conflict with the Law.
SECTION 6. Minimum Age of Criminal Responsibility.
SECTION 7. Determination of Age.
SECTION 8. Juvenile Justice and Welfare Council (JJWC).
SECTION 9. Duties and Functions of the JJWC.
SECTION 10. Policies and Procedures on Juvenile Justice and Welfare.
SECTION 11. Child Rights Center (CRC).
SECTION 12. The Family. - The family shall be responsible for the primary nurturing
and rearing of children which is critical in delinquency prevention. As far as practicable
and by the procedures of this Act, a child in conflict with the law shall be maintained in
his/her family.
SECTION 13. The Educational System. - Educational institutions shall work together
with families, community organizations, and agencies in the prevention of juvenile
delinquency and the rehabilitation and reintegration of children in conflict with the law.
Schools shall provide adequate, necessary, and individualized educational schemes for
children manifesting difficult behavior and children in conflict with the law.
SECTION 14. The Role of the Mass Media. - The mass media shall play an active role
in the promotion of child rights, and delinquency prevention by relaying consistent
messages through a balanced approach.
SECTION 15. Establishment and Strengthening of Local Councils for the Protection of
Children. - Local Councils for the Protection of Children (LCPC) shall be established in
all levels of local government, and where they have already been established, they shall
be strengthened within one (1) year from the effectiveness of this Act.
SECTION 16. Appointment of Local Social Welfare and Development Officer. - All LGUs
shall appoint a duly licensed social worker as its local social welfare and development
officer tasked to assist children in conflict with the law.
SECTION 17. The Sangguniang Kabataan. - The Sangguniang Kabataan (SK) shall
coordinate with the LCPC in the formulation and implementation of juvenile intervention
and diversion programs in the community.
SECTION 18. Development of a Comprehensive Juvenile Intervention Program.
SECTION 19. Community-based Programs on Juvenile Justice and Welfare. . These
programs shall consist of three levels:
 (a) Primary intervention includes general measures to promote social justice and
equal opportunity, which tackle perceived root causes of offending;
(b) Secondary intervention includes measures to assist children at risk; and
(c) Tertiary intervention includes measures to avoid unnecessary contact with the
formal justice system and other measures to prevent re-offending.
SECTION 20. Children Below the Age of Criminal Responsibility. -
SECTION 21. Procedure for Taking the Child into Custody. - From the moment a child is
taken into custody, the law enforcement officer shall:
SECTION 22. Duties During Initial Investigation. - The law enforcement officer shall, in
his/her investigation, determine where the case involving the child in conflict with the
law should be referred.
SECTION 23. System of Diversion. - Children in conflict with the law shall undergo
diversion programs without undergoing court proceedings subject
SECTION 24. Stages Where Diversion May is Conducted. - Diversion may be
conducted at the Katarungang Pambarangay, the police investigation or the inquest or
preliminary investigation stage, and at all 1evels and phases of the proceedings
including the judicial level.
SECTION 25. Conferencing, Mediation, and Conciliation. - A child in conflict with law
may undergo conferencing, mediation, or conciliation outside the criminal justice system
or before he enters into said system. A contract of diversion may be entered into during
such conferencing, mediation, or conciliation proceedings.
SECTION 26. Contract of Diversion. - If during the conferencing, mediation, or
conciliation, the child voluntarily admits the commission of the act, a diversion program
shall be developed when appropriate and desirable as determined under Section 30.
SECTION 27. Duty of the Punong Barangay When There is No Diversion.
SECTION 28. Duty of the Law Enforcement Officer When There is No Diversion.
SECTION 29. Factors in Determining Diversion Program.
SECTION 30. Formulation of the Diversion Program.
SECTION 31. Kinds of Diversion Programs. -
SECTION 32. Duty of the Prosecutor's Office.
SECTION 33. Preliminary Investigation and Filing of Information.
SECTION 34. Bail. - For purposes of recommending the amount of bail, the privileged
mitigating circumstance of the minority shall be considered.
SECTION 35. Release on Recognizance. - Where a child is detained, the court shall
order:
(a) the release of the minor on recognizance to his/her parents and another suitable
person;
(b) the release of the child in conflict with the law on bail; or
(c) the transfer of the minor to a youth detention home/youth rehabilitation center.
SECTION 36. Detention of the Child Pending Trial.
SECTION 37. Diversion Measures. -
SECTION 38. Automatic Suspension of Sentence.
SECTION 39. Discharge of the Child in Conflict with the Law.
SECTION 40. Return of the Child in Conflict with the Law to Court. -
SECTION 41. Credit in Service of Sentence.
SECTION 42. Probation as an Alternative to Imprisonment.
SECTION 43. Confidentiality of Records and Proceedings.
SECTION 44. The objective of Rehabilitation and Reintegration.
SECTION 45. Court Order Required. No child shall be admitted to any facility where
there is no such register.
SECTION 46. Separate Facilities from Adults. Under no other circumstance shall a child
in conflict with the law be placed in the same confinement as adults.
SECTION 47. Female Children.
SECTION 48. Gender-Sensitivity Training.
SECTION 49. Establishment of Youth Detention Homes
SECTION 50. Care and Maintenance of the Child in Conflict with the Law
SECTION 51. Confinement of Convicted Children in Agricultural Camps and other
Training Facilities.
SECTION 52. Rehabilitation of Children in Conflict with the Law. -
SECTION 53. Youth Rehabilitation Center.
SECTION 54. Objectives of Community-Based Programs. -
SECTION 55. Criteria of Community-Based Programs.
SECTION 56. After-Care Support Services for Children in Conflict with the Law.
SECTION 57. Status Offences.
SECTION 58. Offenses Not Applicable to Children.
SECTION 59. Exemption from the Application of Death Penalty.
SECTION 60. Prohibition Against Labeling and Shaming.
SECTION 61. Other Prohibited Acts.
SECTION 62. Violation of the provisions of this Act or Rules or Regulations in General.
–
SECTION 63. Appropriations.
SECTION 64. Children in Conflict with the Law Fifteen (15) Years Old and Below.
SECTION 65. Children Detained Pending Dial.
SECTION 66. Inventory of "Locked-up" and Detained Children in Conflict with the Law.
SECTION 67. Children Who Reach the Age of Eighteen (18) Years Pending Diversion
and Court Proceedings.
SECTION 68. Children Who Have Been Convicted and are Serving Sentence.
SECTION 69. Rule Making Power. - The JJWC shall issue the IRRs for the
implementation of the provisions of this act within ninety (90) days from the effectivity
thereof.
SECTION 70. Separability Clause.
SECTION 71. Repealing Clause.
SECTION 72. Effectivity. - This Act shall take effect after fifteen (15) days from its
publication in at least two (2) national newspapers of general circulation.

● REPUBLIC ACT 9442

AN ACT AMENDING REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS THE
“MAGNA CARTA FOR DISABLED PERSONS, AND OTHER PURPOSES”
SECTION 1. a new chapter, to be denominated as “Chapter 8. Other privileges and
Incentives” is hereby added to Title Two of Republic Act No. 7277, otherwise known as
the “Magna Carta for Disabled Persons”, with new Sections 32 and 33
SECTION 32. Persons with a disability shall be entitled to the following:
(a) At least twenty percent (20%) discount from all establishments relative to the
utilization of all services in hotels and similar lodging establishments; restaurants
and recreation centers for the exclusive use or enjoyment of persons with
disability;
(b) At least twenty percent (20%) discount for the purchase of medicines in all
drugstores for the exclusive use or enjoyment of persons with disability;
(c) At least twenty percent (20%) discount on medical and dental services including
diagnostic and laboratory fees
(d) At least twenty percent (20%) discount on fare for domestic air and sea travel for
the exclusive use or enjoyment of persons with disability;
(e) Educational assistance to persons with disability, for them to pursue primary,
secondary, tertiary, post-tertiary, as well as vocational or technical education, in
both public and private schools;
(f) the continuance of the same benefits and privileges given by the Government
Service Insurance System (GSIS), Social Security System (SSS), and PAG-IBIG,
as the case may be, as are enjoyed by those in actual service;
(g) To the extent possible, the government may grant special discounts in special
programs for persons with disability on purchase of basic commodities; and
(h) Provision of express lanes for persons with disability in all commercial and
government establishments;
(i) An identification card issued by the city or municipal mayor or the barangay
captain of the place where the persons with a disability reside;
(j) The passport of the persons with disability concerned; or
(k) Transportation discount fare Identification Card (ID) issued by the National
Council for the Welfare of Disabled Persons (NCWDP).
SECTION 33. Incentives. – Those caring for and living with a person with a disability
shall be granted the following incentives:
(a) Persons with a disability shall be treated as dependents under Section 35 (A) of
the National Internal Revenue Code, as amended and as such, individual
 taxpayers caring for them shall be accorded the privileges granted by the code
insofar as having dependents under the same section are concerned; and
(b) Individuals or nongovernmental institutions establishing homes, residential
communities, or retirement villages solely to suit the needs and requirements of
persons with disability shall be accorded the following:
(c) Realty tax holiday for the first five years of operation; and
(d) Priority in the building and/or maintenance of provincial or municipal roads
leading to the aforesaid home, residential community, or retirement village.”

● REPUBLIC ACT NO. 10665

AN ACT ESTABLISHING THE OPEN HIGH SCHOOL SYSTEM IN THE PHILIPPINES
AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SECTION 1. Short Title. – This Act shall be known as the “Open High School System
Act”.
SECTION 2. Declaration of Policy. – It is hereby declared the policy of the State to
broaden access to relevant quality education through the employment of an alternative
secondary education program that will enable the youth to overcome personal,
geographical, socioeconomic, and physical constraints, to encourage them to complete
secondary education. This is in line with the constitutional policy that mandates the
State to “encourage non-formal, informal, and indigenous learning systems, as well as
self-learning, independent, and out-of-school study programs particularly those that
respond to community needs”, as stated in Article XIV, Section 2, paragraph 4 of the
1987 Constitution.
SECTION 3. Definition of Terms. – The terms used in this Act are hereby defined as
follows:
(a) Community Adviser or Tagapayong Pansamahan refers to the adviser from
within the community who helps the open learners harmonize their studies with
community service and leisure;
(b) Learning Center refers to a room in the mother high school or another
designated area where the open learners can conduct research or gather
additional information on topics under study. It can also serve as a multipurpose
area which may contain a classroom setup, a library, or a venue where the
Source Person can conduct hands-on exercises/activities;
(c) Mother High School or Inang Paaralan refers to a regular secondary school that
maintains full administrative management and instructional supervision and
control over one or more learning centers. It functions, among others, as:
(1) Headquarters of the open learners and Open High School Teachers;
(2) Center for enrolment, evaluation, direct or face-to-face instruction, and promotion
of open learning;
 (3) Receiver of donations, instructional materials, and reports relative to open
learning; and
(4) Coordinator of the different learning centers in the community.
(d) Open High School Teacher refers to a regular secondary school teacher of the
mother high school who is in charge of direct instruction, evaluation of the
learners’ progress, and keeping of the records of individual learners;
(e) Open Learning refers to the philosophy of learning that is learner-centered and
flexible, enabling learners to learn at the time, place, and pace that satisfies their
circumstances and requirements;
(f) Source Person or Gurong Kadluan refers to a resource person with specialized
skills in practical or industrial subjects such as farming, handicraft,
auto-mechanics, tailoring, and other skills; and
(g) Teacher Adviser or Gurong Tagapatnubay refers to a regular secondary school
teacher of the mother high school who serves as a guidance counselor to the
open learners, coordinates with the teachers in evaluating the learners’ progress,
and prepares and submits reports to the authorities concerned.
SECTION 4. Establishment of the Open High School System (OHSS). — The OHSS is
hereby established as part of the Department of Education’s (DepED) alternative
secondary education program to provide access to secondary education through the
open learning modality.
SECTION 5. Coverage. – This Act shall apply to public secondary educational
institutions authorized to practice open learning through self-instructional materials,
multi-channel learning, and school-family-community partnership as well as other such
institutions that shall be authorized as qualified implementers of the OHSS.
SECTION 6. Learners of the OHSS. – The OHSS shall be open to all youth and adults
who have finished elementary education, as well as high school qualifiers of the
Philippine Educational Placement Test (PEPT) and the Alternative Learning System
(ALS) Accreditation and Equivalency (A&E) Test.
SECTION 7. Administration and Function. – The DepED shall administer the OHSS. An
OHSS Unit shall be created to assist in performing the following functions:
(a) Formulate the basic policies of the OHSS;
(b) Formulate, adopt and supplement programs that ensure effectivity and
productivity of the OHSS;
(c) Monitor and evaluate existing open learning programs for integration with the
OHSS;
(d) Develop and validate prototype instructional materials for open learning;
(e) Consult and collaborate with other DepED divisions, local government units
(LGUs), civil society organizations, and other private agencies for the effective
operation of the OHSS;
(f) Promulgate the necessary guidelines, rules, and regulations for the effective
implementation of the OHSS
 (g) Recommend to the DepED the annual budget of the OHSS for inclusion in the
annual General Appropriations Act; and
(h) Perform such other tasks as may be necessary to attain the objectives of the
OHSS.
SECTION 8. Curriculum Content. — The OHSS shall adopt the K to 12 Enhanced Basic
Education Curriculum using the standards and learning competencies of different
subject areas of the program.
SECTION 9. Personnel Recruitment and Incentives. – The Open High School Teachers
and Teacher Advisers who shall render service under the OHSS shall be enlisted from
those who are currently teaching in the mother high school that is implementing the
program.
SECTION 10. Training of Teaching Staff. – The DepED shall be responsible for the
training of the Open High School Teachers, Teacher Advisers, and Community Advisers.
Training shall be done in coordination with the LGUs and the nongovernment
organizations concerned.
SECTION 11. Establishment of Learning Centers. — Every division of the DepED shall
establish learning centers in the authorized mother high schools located in their
jurisdiction. LGUs may also take the lead in the establishment of learning centers, which
shall continue to be under the authority of the recognized mother high school and the
division of the DepED.
SECTION 12. Private Sector Participation. – Private educational institutions may
establish their privately-funded learning centers following the standards and criteria
provided for in this Act for the OHSS, subject to the approval of the DepED.
SECTION 13. Memorandum of Agreement. – To ensure maximum cooperation towards
the success of the OHSS, the DepED and the Department of the Interior and Local
Government (DILG) are encouraged to adopt a Memorandum of Agreement defining
their respective roles in the operation of the OHSS under this Act.
SECTION 14. Appropriations. – The amount necessary for the initial implementation of
this Act shall be charged against the current year’s appropriations of the Open High
School Program of the DepED. Thereafter, the amount necessary for the continued
operation of the OHSS shall be included in the DepED’s budget in the annual General
Appropriations Act.
SECTION 15. Implementing Rules and Regulations. — Within ninety (90) days after the
effectivity of this Act, the DepED, in consultation with the DILG, shall promulgate the
rules and regulations needed for the effective implementation of this Act.
SECTION 16. Separability Clause. – If any provision of this Act is held invalid or
unconstitutional, the other provisions not so declared shall remain in force and effect.
SECTION 17. Repealing Clause. – All laws, decrees, orders, rules and regulations, and
other issuances or parts thereof that are inconsistent with this Act are hereby repealed
or modified accordingly.
SECTION 18. Effectivity Clause. – This Act shall take effect fifteen (15) days of

● REPUBLIC ACT NO. 7277

"R.A. 7277 grants certain rights and privileges for disabled persons. It provides equal
opportunity for employment to qualified disabled persons in government service," said
Rep. Emi Calixto-Rubiano (Lone District, Pasay City), principal author of the measure.
Calixto-Rubiano said under R.A. 7277, only 5% of casual emergency and contractual
positions in government agencies and corporations engaged in social development shall
be reserved for disabled persons.
The bill expands the position reserved for persons with disabilities (PWDs) from casual,
emergency, and contractual positions to all employment positions.
Likewise, the bill promotes equal opportunity for qualified persons with disabilities
(PWDs) in employment.
AN ACT PROVIDING FOR THE REHABILITATION, SELF-DEVELOPMENT AND
SELF-RELIANCE OF DISABLED PERSONS AND THEIR INTEGRATION INTO THE
MAINSTREAM OF SOCIETY AND FOR OTHER PURPOSES.
SECTION 12. Access to Quality Education. — The State shall ensure that disabled
persons are provided with access to quality education and ample opportunities to
develop their skills. It shall take appropriate steps to make such education accessible to
all disabled persons. It shall be unlawful for any learning institution to deny a disabled
person admission to any course it offers because of handicap or disability.
SECTION 13. Assistance to Disabled Students. — The State shall provide financial
assistance to economically marginalized but deserving disabled students pursuing
post-secondary or tertiary education. Such assistance may be in the form of scholarship
grants, student loan programs, subsidies, and other incentives to qualified disabled
students in both public and private schools. At least five percent (5%) of the allocation
for the Private Education Student Financial Assistance Program created by R.A. 6725
shall be set aside for disabled students pursuing vocational or technical and degree
courses.
SECTION 14. Special Education. — The State shall establish, maintain and support a
complete, adequate, and integrated system of special education for the visually
impaired, hearing impaired, mentally retarded persons, and other types of exceptional
children in all regions of the country. Toward this end, the Department of Education,
Culture, and Sports shall establish, special education classes in public schools in cities,
or municipalities. It shall also establish, where viable, Braille and Record Libraries in
provinces, cities, or municipalities.
SECTION 15. Vocational or Technical and Other Training Programs. — The State shall
provide disabled persons with training in civics, vocational efficiency, sports, physical
fitness, and other skills. The Department of Education, Culture, and Sports shall
establish in at least one government-owned vocational and technical school in every
province a special vocational and technical training program for disabled persons. It
shall develop and implement sports and physical fitness programs specifically designed
for disabled persons taking into consideration the nature of their handicap.
SECTION 16. Non-Formal Education. — The State shall develop non-formal education
programs intended for the total human development of disabled persons. It shall provide
adequate resources for non-formal education programs and projects that cater to the
special needs of disabled persons.
SECTION 17. State Universities and Colleges. — If viable and needed, the State
University or State College in each region or province shall be responsible for (a) the
development of material appliances and technical aids for disabled persons; (b) the
development of training materials for vocational rehabilitation and special education
instructions; (c) the research on special problems, particularly of the visually-impaired,
hearing-impaired, speech-impaired, and orthopedically-impaired students, mentally
retarded, and multi-handicapped and others, and the elimination of social barriers and
discrimination against disabled persons; and (d) inclusion of the Special Education for
Disabled (SPED) course in the curriculum.

REFERENCES:

1987 Phil Constitution Art XIV Sec 1 & 2

https://www.officialgazette.gov.ph/constitutions/the-1987-constitution-of-the-republic-of-t
he-philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-xiv/

RA 10533 Enhanced Basic Education

https://www.officialgazette.gov.ph/2013/05/15/republic-act-no-10533/
https://www.youtube.com/watch?v=gDfAnzfOnMM

RA 8371 Indigenous People's Right Act

https://www.officialgazette.gov.ph/1997/10/29/republic-act-no-8371/
https://vimeo.com/194074606
https://www.youtube.com/watch?v=t3-04umTLF8

PD 603
https://pcw.gov.ph/presidential-decree-no-603-the-child-and-youth-welfare-code/
RA 7610 Special Protection Against Child Abuse and Protection
https://pcw.gov.ph/republic-act-7610-special-protection-of-children-against-abuse-exploit
ation-and-discrimination-act/#:~:text=Philippine%20Standard%20Time%3A-,Republic%
20Act%207610%3A%20Special%20Protection%20of%20Children,Abuse%2C%20Expl
oitation%20and%20Discrimination%20Act&text=AN%20ACT%20PROVIDING%20FOR
%20STRONGER,VIOLATION%20AND%20FOR%20OTHER%20PURPOSES.

RA 9344 Juvenile Justice and Welfare Act

https://www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html

RA 9442 Magna Carta for Disabled Persons

https://www.officialgazette.gov.ph/2007/04/30/republic-act-no-9442/

RA 10655 Open High School System Act

https://mirror.officialgazette.gov.ph/2015/07/09/republic-act-no-10665/

RA 7277 Rehabilitation and Integration of Disabled Persons in Mainstream

https://www.ncda.gov.ph/disability-laws/republic-acts/republic-act-7277/