Republic of the Philippines

CEBU NORMAL UNIVERSITY

Osmeña Blvd., Cebu City, 6000, Philippines

MEDELLIN CAMPUS
Poblacion, Medellin, Cebu

Title of the Module: A Self-Instructional Module on the Teaching Profession

Course Code: Educ. 5
Course Name/Title: The Teaching Profession
Name of Faculty: Dr. Grace N. Malaga & Eulogio S. Dublin

I. OVERVIEW (Chapter 4 & 5)

This chapter aims to provide information on the Historical Perspective of the

Philippine Education System, Professionalization of Teaching, and the Constitutional
Mandates and Basic Laws on Education.

II. DESIRED LEARNING OUTCOMES

At the end of the instruction, the students must have:

1. recalled the historical perspective of the Philippine educational system;

2. clarified the Constitutional mandate and basic laws on education and their
implementation;

3. distinguished the rights, duties, and obligations of the academic community

(learners, teachers, parents, and non-academic staff);

4. familiarized the organizational structure and governance of the educational

system; and

5. identified selected UN programs and projects affecting education.

III. LEARNING CONTENTS AND TASKS

CHAPTER IV. The Professionalization of Teaching

In January 1977, Presidential Decree No. 1006 entitled Providing for the
Professionalization of Teachers, Regulating Their Practice in the Philippines,
otherwise known as the Decree Professionalizing Teaching was promulgated. It was
declared a policy that teacher education be of the highest quality, and strongly oriented
to Philippine conditions and to the needs and aspirations of the Filipino people. The
examination for teachers was jointly given by the Civil Service Commission and the
Department of Education and Culture. Passers in the board examination were qualified
for registration as professional teachers and were given the Professional Teacher
Certificate.
 In 1991, the Congressional Commission to Review and Assess Philippine
Education (EDCOM) came out with the finding that the “quality of Philippine education
is declining” and that the teachers are “at the heart of the problem.” The EDCOM
discussed further that:

* teachers are poorly trained

* there is low quality of students enrolled in teacher training
* teaching is perceived as a poorly esteemed profession so it does not attract
the best as mandated in the Philippine Constitution that “teaching will attract and retain
its rightful share of the best available talents through adequate remuneration and other
means of job satisfaction and fulfillment.” (Article X!V, Section 4 (5).

In 1994, Republic Act No. 7836 known as the Philippine Teachers

Professionalization Act of 1994 declared the policy recognizing the vital role of
teachers in nation building. The Act created the Board for Professional Teachers, a
collegial body under the general supervision and administrative control of the
Professional Regulation Commission (PRC).

The dynamics of teaching is a continuous interaction of the teacher and the

learners, the learners with other learners – inside and beyond the classrooms, in co-
curricula and other school activities. Dynamism in teaching would result to the
acceptance of roles, responsibilities, and accountability of the teacher in the teaching-
learning process given the complexity and magnitude of the Philippine educational
system (Llagas, 2003).

LESSON 1. Historical Perspective of the Philippine Educational System

Education in the Philippines has undergone several stages of development

from the pre-Spanish times to the present in meeting the needs of the society.
Education serves as focus of emphases/priorities of the leadership at certain
periods/epochs in our national struggle as a race.

As early as in pre-Magellanic times, education was informal, unstructured and

devoid of methods. Children were provided with more vocational training and less in
academics (3Rs) by their parents and in the houses of tribal tutors.

The pre-Spanish system of education underwent major changes during the

Spanish colonization. The tribal tutors were replaced by the Spanish missionaries.
Education was religion oriented. It was for the elite, especially in the early years of
Spanish colonization. Access to education by the Filipinos was later liberalized
through the enactment of the Educational Decree of 1863 which provided for the
establishment of at least one primary school for boys and girls in each town under the
responsibility of the municipal government; and the establishment of a normal school
for male teachers under the supervision of the Jesuits. Primary instruction was free
and the teaching of Spanish was compulsory. Education during that period was
inadequate, suppressed, and controlled.

The defeat of Spain by American forces paved the way for Aguinaldo’s Republic
under a Revolutionary Government. The schools maintained by Spain for more than
three centuries were closed for the time being but were reopened on August 29, 1898
by the Secretary of Interior. The Burgos Institute in Malolos, the Military Academy of
Malolos, and the Literary University of the Philippines were established. A system of
free and compulsory elementary education was established by the Malolos
Constitution.

An adequate secularized and free public school system during the last decade
of American rule was established. Upon the recommendation of the Schurman
Commission, free primary instruction that trained the people for the duties of
citizenship and avocation was enforced by the Taft Commission per instructions of
President McKinley. Chaplains and non-commissioned officers were assigned to
teach using English as the medium of instruction.

A highly centralized public school system was installed in 1901 by the Philippine
Commission by virtue of Act No. 74. The implementation of this Act created a heavy
shortage of teachers so the Philippine Commission authorized the Secretary of Public
Instruction to bring to the Philippines 600 teachers from the U.S.A. They were the
Thomasites. The name Bureau of Public Instruction become Bureau of Education
under Act No. 477 which was passed on November 1, 1902.

The high school system supported by provincial governments, special

educational institutions, school of arts and trades, an agricultural school, and
commerce and marine institutes were established in 1902 by the Philippine
Commission. In 1908, the Philippine Legislature approved Act No. 1870 which created
the University of the Philippines.

The Reorganization Act of 1916 provided the Filipinization of all department

secretaries except the Secretary of Public Instruction.

Japanese educational policies were embodied in Military Order No. 2 in 1942.

The Philippine Executive Commission established the Commission of Education,
Health and Public Welfare and schools were reopened in June 1942. On October 14,
1943, the Japanese-sponsored Republic created the Ministry of Education. Under the
Japanese regime, the teaching of Tagalog, Philippine History, and Character
Education was reserved for Filipinos. Love for work and dignity of labor was
emphasized. On February 27, 1945, the Department of Instruction was made part of
the Department of Public Instruction.

In 1947, by virtue of Executive Order No. 94, the Department of Instruction was
changed to Department of Education. During the period, the regulation and
supervision of public and private schools belonged to the Bureau of Public and Private
Schools.

In 1972, it became the Department of Education and Culture by virtue of

Proclamation 1081 and the Ministry of Education and Culture in 1978 by virtue of P.D.
No. 1397. Thirteen regional offices were created and major organizational changes
were implemented in the educational system.

The Education Act of 1982 created the Ministry of Education, Culture and
Sports which later became the Department of Education, Culture and Sports in 1987
by virtue of Executive Order No. 117. The structure of DECS as embodied in EO No.
117 has practically remained unchanged until 1994 when the Commission on Higher
Education (CHED) and the Technical Education and Skills Development Authority
(TESDA) were established to supervise tertiary degree programs and non-degree
technical-vocational programs, respectively.

The Congressional Commission on Education (EDCOM) report provided the

impetus for Congress to pass RA 7722 and RA 7796 in 1994 creating the Commission
on Higher Education (CHED) and the Technical Education and Skills Development
Authority (TESDA), respectively.

The trifocal education system refocused on DECS’ mandate to basic education

which covers elementary, secondary, and non-formal education, including culture and
sports. TESDA now administers the post secondary, middle-level manpower training
and development while CHED is responsible for higher education. (Source:
http://www.deped.gov.ph/about deped/history.asap)

A summary of the historical perspective follows:

YEAR OFFICIAL NAME HEAD OF OFFICE LEGAL BASES

1863 Superior Chairman Educational Decree
Commission of of 1863
1901-1916 Department of General Act No. 74 of the
Public Instruction Superintendent Philippine
Commission. Jan.
21, 1901
1916-1942 Department of Secretary Organic Act Law of
Public Instruction 1916 (Jones Law)
1942-1944 Department of Commissioner Renamed by the
Education, Health Japanese Exec.
and Public Commission, June
Welfare 11, 1947
1944 Department of Minister Renamed by
Education, Health Japanese
and Public Sponsored
Welfare Philippine Republic
Same year Department of Secretary Renamed by
Public Instruction Japanese
Sponsored
Philippine Republic
1945-1946 Department of Secretary Renamed by the
Public Instruction Commonwealth
and Information Government
1946-1947 Department of Secretary Renamed by the
Instruction Commonwealth
Government
1947-1975 Department of Secretary E.O. No. 94 October
Education 1947(Reorganization
Act of 1947)
 1975-1978 Department of Secretary Proc. No. 1081,
Education and September 24, 1972
Culture
1978-1984 Ministry of Minister P.D. No. 1397, June
Education and 2, 1978
Culture
1984-1986 Ministry of Minister Education Act of
Education, Culture 1982
and Sports
1987-2001 Department of Secretary E.O. 117, January
Education, Culture 30, 1987
and Sports
2002-present Department of Secretary R.A. No. 9155
Education

In August 2001, Republic Act 9155, otherwise known as the Government of

Basic Education Act, was passed transforming the name of the Department of
Education, Culture and Sports (DECS) to the Department of Education (DepEd) and
redefining the role of field offices (regional offices, division offices, district offices, and
schools). RA 9155 provides the overall framework for (1) school head empowerment
by strengthening their leadership roles and (2) school based management within the
context of transparency and local accountability. The goal of basic education is to
provide the school age population and young adults with skills, knowledge, and values
to become caring, self-reliant, productive, and patriotic citizens.

LESSON 2. The 1987 Constitution

Article XIV – Education, Science and Technology, Arts, Culture, and Sports

EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS

EDUCATION

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

Section 2. The State shall:

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

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

(3) Establish and maintain a system of scholarship grants, student loan programs,
subsidies, and other incentives which shall be available to deserving students in both
public and private schools, especially to the underprivileged;
(4) Encourage non-formal, informal, and indigenous learning systems, as well as self-
learning, independent, and out-of-school study programs particularly those that
respond to community needs; and

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

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

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

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

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

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

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

the Philippines.

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

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

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

Proprietary educational institutions, including those cooperatively owned, may likewise

be entitled to such exemptions, subject to the limitations provided by law, including
restrictions on dividends and provisions for reinvestment.
(4) Subject to conditions prescribed by law, all grants, endowments, donations, or
contributions used actually, directly, and exclusively for educational purposes shall be
exempt from tax.

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

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

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

(4) The State shall enhance the right of teachers to professional advancement. Non-
teaching academic and non-academic personnel shall enjoy the protection of the
State.

(5) The State shall assign the highest budgetary priority to education and ensure that
teaching will attract and retain its rightful share of the best available talents through
adequate remuneration and other means of job satisfaction and fulfillment.

LANGUAGE

Section 6. The national language of the Philippines is Filipino. As it evolves, it shall be

further developed and enriched on the basis of existing Philippine and other
languages.

Subject to provisions of law and as the Congress may deem appropriate, the
Government shall take steps to initiate and sustain the use of Filipino as a medium of
official communication and as language of instruction in the educational system.

Section 7. For purposes of communication and instruction, the official languages of

the Philippines are Filipino and, until otherwise provided by law, English.

The regional languages are the auxiliary official languages in the regions and shall
serve as auxiliary media of instruction therein.

Spanish and Arabic shall be promoted on a voluntary and optional basis.

Section 8. This Constitution shall be promulgated in Filipino and English and shall be
translated into major regional languages, Arabic, and Spanish.

Section 9. The Congress shall establish a national language commission composed

of representatives of various regions and disciplines which shall undertake,
coordinate, and promote researches for the development, propagation, and
preservation of Filipino and other languages.
 SCIENCE AND TECHNOLOGY

Section 10. Science and technology are essential for national development and
progress. The State shall give priority to research and development, invention,
innovation, and their utilization; and to science and technology education, training, and
services. It shall support indigenous, appropriate, and self-reliant scientific and
technological capabilities, and their application to the country’s productive systems
and national life.

Section 11. The Congress may provide for incentives, including tax deductions, to
encourage private participation in programs of basic and applied scientific research.
Scholarships, grants-in-aid, or other forms of incentives shall be provided to deserving
science students, researchers, scientists, inventors, technologists, and specially gifted
citizens.

Section 12. The State shall regulate the transfer and promote the adaptation of
technology from all sources for the national benefit. It shall encourage the widest
participation of private groups, local governments, and community-based
organizations in the generation and utilization of science and technology.

Section 13. The State shall protect and secure the exclusive rights of scientists,
inventors, artists, and other gifted citizens to their intellectual property and creations,
particularly when beneficial to the people, for such period as may be provided by law.

ARTS AND CULTURE

Section 14. The State shall foster the preservation, enrichment, and dynamic evolution
of a Filipino national culture based on the principle of unity in diversity in a climate of
free artistic and intellectual expression.

Section 15. Arts and letters shall enjoy the patronage of the State. The State shall
conserve, promote, and popularize the nation’s historical and cultural heritage and
resources, as well as artistic creations.

Section 16. All the country’s artistic and historic wealth constitutes the cultural treasure
of the nation and shall be under the protection of the State which may regulate its
disposition.

Section 17. The State shall recognize, respect, and protect the rights of indigenous
cultural communities to preserve and develop their cultures, traditions, and institutions.
It shall consider these rights in the formulation of national plans and policies.

Section 18. (1) The State shall ensure equal access to cultural opportunities through
the educational system, public or private cultural entities, scholarships, grants and
other incentives, and community cultural centers, and other public venues.

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

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

(2) All educational institutions shall undertake regular sports activities throughout the
country in cooperation with athletic clubs and other sectors.
LESSON 3. REPUBLIC ACT NO. 7722

AN ACT CREATING THE COMMISSION ON HIGHER EDUCATION,

APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES

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

Congress assembled:

SEC. 1. Title. - This Act shall be known as the “Higher Education Act of 1994”.

SEC. 2. Declaration of Policy. - The State shall protect, foster and promote the right
of all citizens to affordable quality education at all levels and shall take appropriate
steps to ensure that education shall be accessible to all. The State shall likewise
ensure and protect academic freedom and shall promote its exercise and observance
for the continuing intellectual growth, the advancement of learning and research, the
development of responsible and effective leadership, the education of high-level and
middle-level professionals, and the enrichment of our historical and cultural heritage.

State-supported institutions of higher learning shall gear their programs to national,

regional or local development plans. Finally, all institutions of higher learning shall
exemplify through their physical and natural surroundings the dignity and beauty of,
as well as their pride in, the intellectual and scholarly life.

SEC. 3. Creation of the Commission on Higher

Education. - In pursuance of the abovementioned policies, the Commission on Higher
Education is hereby created, hereinafter referred to as the Commission.

The Commission shall be independent and separate from the Department of

Education, Culture and Sports (DECS), and attached to the Office of the President for
administrative purposes only. Its coverage shall be both public and private institutions
of higher education as well as degree-granting programs in all post-secondary
educational institutions, public and private.

SEC. 4. Composition of the Commission. - The Commission shall be composed of

five (5) full-time members. During the transition period which begins upon approval of
this
Act, the President may appoint the Secretary of Education, Culture and Sports as ex
officio chairman of the Commission for a maximum period of one (1) year. Thereafter,
the President shall appoint a Chairman of the Commission and four (4)
commissioners, who shall be holders of earned doctorate(s), who have been actively
engaged in higher education for at least ten (10) years, and must not have been
candidates for elective positions in the elections immediately preceding their
appointment. They shall be academicians known for their high degree of
professionalism and integrity who have distinguished themselves as authorities in
their chosen fields of learning. The members of the Commission shall belong to
different academic specializations.

In no case shall any and all of the Commissioners appoint representatives to act on
their behalf.

SEC. 5. Term of Office. - The President shall appoint the full-time chairman and the
commissioners for a term of four (4) years, without prejudice to one reappointment.
The terms of the initial appointees shall be on a staggered basis: the full-time chairman
shall hold office for a term of four (4) years, the next two (2) commissioners for three
(3) years, and the last two (2) commissioners for two (2) years.

The commissioners shall hold office until their successors shall have been appointed
and qualified. Should a member of the Commission fail to complete his term, his
successor shall be appointed by the President of the Philippines but only for the
unexpired portion of the term.

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

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

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

The Board of Advisers shall be composed of the following:

a. the Secretary of Education, Culture and Sports, as chairman;

b. the Director-General of the National Economic and Development Authority, as

co-chairman;

c. the Secretary of Science and Technology;

d. the Secretary of Trade and Industry;

e. the Secretary of Labor and Employment;

f. the President of the Federation of Accrediting Associations of the Philippines

(FAAP); and

g. the President of the Fund for Assistance to Private Education (FAPE).

Two (2) additional members of the Board of Advisers may be appointed by the
President upon recommendation of the Commission.
 SEC. 8. Powers and Functions of the Commission. -
The Commission shall have the following powers and functions:
a. formulate and recommend development plans, policies, priorities, and
programs on higher education and research;

b. formulate and recommend development plans, policies, priorities and programs

on research;

c. recommend to the executive and legislative branches, priorities and grants on

higher education and research;

d. set minimum standards for programs and institutions of higher learning

recommended by panels of experts in the field and subject to public hearing,
and enforce the same;

e. monitor and evaluate the performance of programs and institutions of higher

learning for appropriate incentives as well as the imposition of sanctions such
as, but not limited to, diminution or withdrawal of subsidy, recommendation on
the downgrading or withdrawal of accreditation, program termination or school
closure;

f. identify, support and develop potential centers of excellence in program areas

needed for the development of world-class scholarship, nation building and
national development;

g. recommend to the Department of Budget and

Management the budgets of public institutions of higher learning as well as
general guidelines for the use of their income;

h. rationalize programs and institutions of higher learning and set standards,

policies and guidelines for the creation of new ones as well as the conversion
or elevation of schools to institutions of higher learning, subject to budgetary
limitations and the number of institutions of higher learning in the province or
region where creation, conversion or elevation is sought to be made;

i. develop criteria for allocating additional resources such as research and

program development grants, scholarships, and other similar programs:
Provided, That these shall not detract from the fiscal autonomy already enjoyed
by colleges and universities;

j. direct or redirect purposive research by institutions of higher learning to meet

the needs of agro-industrialization and development;

k. devise and implement resource development schemes;

l. administer the Higher Education Development Fund, as described in Section

10 hereunder, which will promote the purposes of higher education;

m. review the charters of institutions of higher learning and state universities and
colleges including the chairmanship and membership of their governing bodies
and recommend appropriate measures as basis for necessary action;
 n. promulgate such rules and regulations and exercise such other powers and
functions as may be necessary to carry out effectively the purpose and
objectives of this Act; and

o. perform such other functions as may be necessary for its effective operations
and for the continued enhancement, growth or development of higher
education.
SEC. 9. The Secretariat. - The Commission shall organize a secretariat which shall
be headed by an executive officer, subject to the national compensation and position
classification plan. It shall fix the secretariat’s staffing pattern, determine the duties,
qualifications, responsibilities and functions, as well as the compensation scheme for
the positions to be created upon the recommendation of the executive officer. It shall
also prepare and approve its budget.

The Commission shall appoint the members of the staff upon the recommendation of
the executive officer.

SEC. 10. The Higher Education Development Fund. A Higher Education

Development Fund, hereinafter referred to as the Fund, is hereby established
exclusively for the strengthening of higher education in the entire country.
a. The Government’s contribution to the Fund shall be the following:

1. the amount of Five hundred million pesos

(P500,000,000) as seed capital;

2. the amount of Fifty million pesos (P50,000,000) for the initial operation
of the Commission;

3. the equivalent of forty percent (40%) annual share on the total gross
collections of the travel tax;

4. the equivalent of thirty percent (30%) share of the collections from the
Professional Registration Fee; and

5. the equivalent of one percent (1%) of the gross sales of the lotto
operation of the Philippine Charity Sweepstakes Office (PCSO).

b. Starting Fiscal Year 1995 and every year thereafter, government financing
institutions identified and requested by the Commission may contribute to the
Fund an amount equivalent to not less than three percent (3%) but not more
than five percent (5%) of their unimpaired surplus realized during the
immediately preceding year.

b. The Fund shall have a private portion to be raised from donations, gifts, and
other conveyances including materials, equipment, properties and services by
gratuitous title.
SEC. 11. Management and Administration of the Higher Education Development
Fund. - The Fund shall be administered by the Commission. For sound and judicious
management of the Fund, the Commission shall appoint a reputable government
financial institution as portfolio manager of the Fund, subject to the following
conditions.

As administrator of the Fund, the Commission shall prepare the necessary guidelines
for its use, subject to the following conditions:
a. No part of the seed capital of the Fund, including earnings thereof, shall be
used to underwrite overhead expenses for administration;

b. Unless otherwise stipulated by the private donor, only earnings of private

contributions shall be used for administrative expenses;

c. The Commission shall appoint and organize a separate staff, independent

administratively and budgetarily separate from the Commission Secretariat;
and

d. The Fund shall be utilized equitably according to regions and programs.

SEC. 12. The Technical Panels. - The Commission shall reconstitute and/or organize
technical panels for different disciplines/program areas. They shall assist the
Commission in setting standards and in program and institution monitoring and
evaluation. The technical panels shall be composed of senior specialists or
academicians to be appointed by the Commission.

SEC. 13. Guarantee of Academic Freedom. - Nothing in this Act shall be construed
as limiting the academic freedom of universities and colleges. In particular, no
abridgment of curricular freedom of the individual educational institutions by the
Commission shall be made except for: (a) minimum unit requirements for specific
academic programs; (b) general education distribution requirements as may be
determined by the Commission; and (c) specific professional subjects as may be
stipulated by the various licensing entities. No academic or curricular restriction shall
be made upon private educational institutions which are not required for chartered
state colleges and universities.

SEC. 14. Accreditation. - The Commission shall provide incentives to institutions of

higher learning, public and private, whose programs are accredited or whose needs
are for accreditation purposes.

SEC. 15. Tax Exemptions. - Any donation, contribution, bequest, and grant which
may be made to the Commission shall constitute as allowable deduction from the
income of the donor for income tax purposes and shall be exempt from donor’s tax,
subject to such conditions as provided under the National Internal Revenue Code, as
amended.
SEC. 16. Authority. - The Commission shall exercise such authority as may be
deemed necessary within its premises or areas of operation to effectively carry out its
powers and functions and to attain its objectives: Provided, That the Commission may
seek the assistance of other government agencies for the proper implementation of
this Act.

SEC. 17. Appropriation. - The amount of Five hundred million pesos (P500,000,000)
is hereby authorized to be appropriated for the seed capital of the Fund. The additional
amount of Fifty million pesos (P50,000,000) is hereby authorized to be appropriated
out of the funds in the National Treasury not otherwise appropriated or out of the
Philippine Amusement and Gaming Corporation (PAGCOR) funds for the initial
operation of the Commission.

The sum equivalent to the appropriations for the current year for the Bureau of Higher
Education and the degree granting-programs of the Bureau of Technical-Vocational
Education, including those for higher and tertiary education and degree granting
vocational and technical programs of the Bureau of Technical-Vocational Education
in the regional offices as well as parts of the budgetary items under the DECS budget
that are concerned with higher and tertiary education and degree-granting vocational
and technical programs such as those for personal services, maintenance and other
operating expenses and capital outlay, shall be transferred to the Commission.

Thereafter, the funds necessary shall be included in the General Appropriations Act.

SEC. 18. Transitory Provisions. - Such personnel, properties, assets and liabilities,
functions and responsibilities of the Bureau of Higher Education, including those for
higher and tertiary education and degree-granting vocational and technical programs
in the regional offices, under the Department of Education, Culture and Sports, and
other government entities having functions similar to those of the Commission are
hereby transferred to the Commission.

The Commission shall have the authority to appoint its own personnel. All regular or
permanent employees transferred to the Commission shall not suffer any loss of
seniority or rank or decrease in emoluments. Personnel of the Bureau of Higher
Education not otherwise transferred to the Commission shall be reassigned by the
DECS in any of its offices and bureaus: Provided, however, That, any employee who
cannot be accommodated shall be given all the benefits as may be provided under
existing laws, rules and regulations.

Jurisdiction over DECS-supervised or chartered state supported post-secondary

degree-granting vocational and technical programs and tertiary institutions shall be
transferred to the Commission.

A transitory body is hereby created which shall be composed of the Secretary of

Education, Culture and Sports (DECS), Chair of the Senate Committee on Education,
Arts and Culture, Chair of the House Committee on Education and Culture, a
representative each of the Association of Christian Schools and Colleges (ACSC), the
Catholic Educational Association of the Philippines (CEAP), the Philippine Association
of Colleges and Universities (PACU), the Philippine Association of Private Schools,
Colleges and Universities (PAPSCU), the Philippine Association of State Universities
and Colleges (PASUC), and the Philippine Association of Private Technical
Institutions (PAPTI). The transitory body shall facilitate the complete and full operation
of the Commission which shall not be later than three (3) months after the effectivity
of this Act. It shall likewise, promulgate the rules and regulations necessary to
effectively implement the smooth and orderly transfer to the Commission. The
transition period not exceeding three (3) months shall commence from the approval
of this Act.

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

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

SEC. 21. Effectivity. - This Act shall take effect upon its approval.

Approved,
(SGD.) JOSE DE VENECIA, JR. (SGD.) EDGARDO J. ANGARA
Speaker of the House President of the Senate of Representatives

This Act, which is a consolidation of Senate Bill No. 1453 and the House Bill No. 12200, was finally passed by the Senate
and the House of Representatives on May 4, 1994 and May 17, 1994, respectively.

(SGD.) CAMILO L. SABIO (SGD.) EDGARDO E. TUMANGAN

Secretary General Secretary of Senate
House of Representatives

Approved: 18 May 1994

(SGD.) FIDEL V. RAMOS

President of the Philippines
LESSON 4. RA 7796 – AN ACT CREATING THE TECHNICAL EDUCATION AND SKILLS
DEVELOPMENT AUTHORITY, PROVIDING FOR ITS POWERS, STRUCTURE, AND FOR
OTHER PURPOSES.

REPUBLIC ACT NO. 7796

August 8, 1994

RULES AND REGULATIONS IMPLEMENTING THE

TESDA ACT OF 1994

AN ACT CREATING THE TECHNICAL EDUCATION AND SKILLS

DEVELOPMENT AUTHORITY, PROVIDING FOR ITS POWERS,
STRUCTURE AND FOR OTHER PURPOSES

SECTION 1. Title. — This Act shall be known as the “Technical Educational and
Skills Development Act of 1994” or the
“TESDA Act of 1994.”

SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State to

provide relevant, accessible, high quality and efficient technical education and skills
development in support of the development of high quality Filipino middle-level
manpower responsive to and in accordance with Philippine development goals and
priorities.

The State shall encourage active participation of various concerned sectors,

particularly private enterprises, being direct participants in and immediate
beneficiaries of a trained and skilled work force, in providing technical education and
skills development opportunities.

SECTION 3. Statement of Goals and Objectives. — It is the goal and objective of this
Act to:

a) Promote and strengthen the quality of technical education and skills

development programs to attain international competitiveness.

b) Focus technical education and skills development on meeting the changing

demands for quality middle-level manpower;

c) Encourage critical and creative thinking by disseminating the scientific and

technical knowledge base of middle-level
manpower development programs;
 d) Recognize and encourage the complementary roles of public and private
institutions in technical education and skills development and training
systems; and

e) Inculcate desirable values through the development of moral character with

emphasis on work ethic, self-discipline, self-reliance and nationalism.

SECTION 4. Definition of Terms. — As used in this Act:

a) “Skill” shall mean the acquired and practiced ability to carry out a task or job;

b) “Skills Development” shall mean the process through which learners and
workers are systematically provided with learning opportunities to acquire or
upgrade, or both, their ability, knowledge and behavior pattern required as
qualifications for a job or range of jobs in a given occupational area;

c) “Technical Education” shall refer to the education process designed at post-

secondary and lower tertiary levels, officially recognized as non-degree
programs aimed at preparing technicians, para-professionals and other
categories of middle-level workers by providing them with a broad range of
general education, theoretical, scientific and technological studies, and related
job skills training;

d) “Trade” shall mean any group of interrelated jobs or any occupation which is
traditionally or officially recognized as craft or artisan in nature requiring
specific qualifications that can be acquired through work experience and/or
training;

e) “Middle-Level Manpower” refers to those :

1) who have acquired practical skills and knowledge through formal or non-formal
education and training equivalent to at least a secondary education but preferably a
post-secondary education with a corresponding degree or diploma; or

2) skilled workers who have become highly competent in their trade or craft as
attested by industry.

f) “Private Enterprises” refers to an economic system under which property of all

kinds can be privately owned and in which individuals, alone or in association with
another, can embark on a business activity. This includes industrial, agricultural, or
agro-industrial establishments engaged in the production, manufacturing, processing,
repacking or assembly of goods including service-oriented enterprises;

g) “Trainers” shall mean persons who direct the practice of skills towards
immediate improvement in some task;
h) “Trainors/trainers” shall mean persons who provide training to trainers aimed
at developing the latter’s capacities for imparting attitudes, knowledge, skills and
behavior patterns required for specific jobs, tasks, occupations or group of related
occupations;

i) “Trainees” shall mean persons who are participants in a vocational,

administrative or technical training program for the purpose of acquiring and
developing job-related skills;

j) “Apprenticeship” training within employment with compulsory related

theoretical instructions involving a contract between an apprentice and an employer
on an approved apprenticeable occupation;

k) “Apprentice” is a person undergoing training for an approved apprenticeable

occupation during an established period assured by an apprenticeship agreement;

l) “Apprenticeship Agreement” is a contract wherein a prospective employer

binds himself to train the apprentice who in turn accepts the terms of training for a
recognized apprenticeable occupation emphasizing the rights, duties and
responsibilities of each party;

m) “Apprenticeable Occupation” is an occupation officially endorsed by a tripartite

body and approved for apprenticeship by the Authority;

n) “Learners” refer to persons hired as trainees in semi-skilled and other industrial

occupations which are non-apprenticeable. Learnership programs must be approved
by the Authority.

o) “User-Led” or “Market-Driven Strategy” refers to a strategy which promotes

strengthened linkages between educational/training institutions and industry to
ensure that appropriate skills and knowledge are provided by the educational system;

p) “Dual System/Training” refers to a delivery of quality technical and vocational

education which requires training to be carried out alternatively in two venues: In
school and in the production plant. In-school training provides the trainee the
theoretical foundation, basic training, guidance and human formation, while in-plant
training develops his skills and proficiency in actual work conditions as it continues to
inculcate personal discipline and work values;

q) “Levy Grant System” refers to a legal contribution from participating employers

who would be beneficiaries of the program (often as a percentage of the payroll) which
is subsequently turned over or rebated to enterprises offering employee training
programs.
SECTION 5. Technical Education and Skills Development

Authority; Creation. — To implement the policy declared in this Act, there is hereby
created a Technical Education and Skills Development Authority (TESDA),
hereinafter referred to as the Authority, which shall replace and absorb the National
Manpower and Youth Council (NMYC), the Bureau of Technical and Vocational
Education (BTVE) and the personnel and functions pertaining to technical-vocational
education in the regional offices of the Department of Education, Culture and Sports
(DECS) and the apprenticeship program of the Bureau of Local Employment of the
Department of Labor and Employment.

SECTION 6. Composition of the Authority. — The Authority shall be composed of the

TESDA Board and TESDA Secretariat.

SECTION 7. Composition of the TESDA Board. — The TESDA Board shall be

composed of the following:

The Secretary of Labor and Employment - Chairperson

Secretary of Education, Culture and Sports - Co-Chairperson

Secretary of Trade and Industry - Co-Chairperson

Secretary of Agriculture - Member

Secretary of Interior and Local Government - Member Director-General of
The TESDA Secretariat - Member

In addition, the President of the Philippines shall appoint the following members from
the private sector: two (2) representatives, from the employer/industry organization,
one of whom shall be a woman; three (3) representatives, from the labor sector, one
of whom shall be a woman; and two (2) representatives of the national associations
of private technical-vocational education and training institutions, one of whom shall
be a woman. As soon as all the members of the private sector are appointed, they
shall so organize themselves that the term of office of one-third (1/3) of their number
shall expire every year. The member from the private sector appointed thereafter to
fill vacancies caused by expiration of terms shall hold office for three (3) years.

The President of the Philippines may, however, revise the membership of the TESDA
Board, whenever the President deems it necessary for the effective performance of
the Board’s functions through an administrative order.

The TESDA Board shall meet at least twice a year, or as frequently as may be deemed
necessary by its Chairperson. In the absence of the Chairperson, a Co-Chairperson
shall preside. In case any member of the Board representing the Government cannot
attend the meeting, he or she shall be regularly represented by an undersecretary or
deputy-director general, as the case may be, to be designated by such member for
the purpose.

The benefits, privileges and emoluments of the Board shall be consistent with existing
laws and rules.

SECTION 8. Powers and Functions of the Board.— The Authority shall primarily be
responsible for formulating, continuing, coordinated and fully integrated technical
education and skills development policies, plans and programs taking into
consideration the following:

a) the State policy declared herein of giving new direction and thrusts to efforts in
developing the quality of Filipino human resource through technical education and
skills development;

b) the implementation of the above-mentioned policy requires the coordination

and cooperation of policies, plans, and programs of different concerned sectors of
Philippine society;

c) equal participation of representatives of industry groups, trade associations,

employers, workers and government shall be made the rule in order to ensure that
urgent needs and recommendations are readily addressed; and

d) improved linkages between industry, labor and government shall be given

priority in the formulation of any national-level plan.

The Board, shall have the following powers:

1) promulgate, after due consultation with industry groups, trade associations,

employers, workers, policies, plans, programs and guidelines as may be
necessary for the effective implementation of this Act;

2) organize and constitute various standing committees, subsidiary groups, or

technical working groups for efficient integration, coordination and monitoring
technical education and skills development programs at the national, regional,
and local levels;

3) enter into, make, execute, perform and carry-out domestic and foreign
contracts subject to existing laws, rules and regulations;
4) restructure the entire sub-sector consisting of all institutions and programs
involved in the promotion and development of middlelevel manpower through
upgrading, merger and/or phase-out following a user-led strategy;

5) approve trade skills standards and trade tests as established and conducted
by private industries;

6) establish and administer a system of accreditation of both public and private

institutions;

7) establish, develop and support institutions’ trainors’ training and/or programs;

8) lend support and encourage increasing utilization of the dual

training system as provided for by Republic Act No. 7686;
chanroblespublishingcompany

9) exact reasonable fees and charges for such tests and trainings conducted and
retain such earnings for its own use, subject to guidelines promulgated by the
Authority;

10) allocate resources, based on the Secretariat’s recommendations, for the

programs and projects it shall undertake pursuant to approved National
Technical Education and Skills Development Plan;

11) determine and approve systematic funding schemes such as the Levy and
Grant scheme for technical education and skills development purposes;

12) create, when deemed necessary, an Advisory Committee which shall provide
expert and technical advice to the Board to be chosen from the academe and
the private sector: Provided, That in case the Advisory Committee is created,
the Board is hereby authorized to set aside a portion of its appropriation for its
operation; and

13) perform such other duties and functions necessary to carry out the provisions
of this Act consistent with the purposes of the creation of TESDA.

SECTION 9. Power to Review and Recommend Action. — The Authority shall review
and recommend action to concerned authorities on proposed technical assistance
programs and grants-in-aid for technical education or skills development, or both,
including those which may be entered into between the Government of the Philippines
and other nations, including international and foreign organizations, both here and
abroad. y
SECTION 10. The TESDA Secretariat. — There is hereby created a Technical
Education and Skills Development Authority Secretariat which shall have the following
functions and responsibilities:

a) to establish and maintain a planning process and formulate a national technical

education and skills development plan in which the member-agencies and
other concerned entities of the Authority at various levels participate;

b) to provide analytical inputs to policy decision-making of the Authority on

allocation of resources and institutional roles and responsibilities as shall be
embodied in annual agencies technical education and skills development
plans, in accordance with the manpower plan for middle-level skilled workers
as approved by the Authority;

c) to recommend measures, and implement the same upon approval by the

Authority, for the effective and efficient implementation of the national technical
education and skills development plan;

d) to propose to the Authority the specific allocation of resources for the programs
and projects it shall undertake pursuant to approved national technical
education and skills development plan;

e) to submit to the Authority periodic reports on the progress and accomplishment

of work programs of implementation of plans and policies for technical
education and skills development; y

f.) to prepare for approval by the Authority an annual report to the President on
technical education and skills development;

g). to implement and administer the apprenticeship program as provided for in

Section 18 of this Act;

h.) to prepare and implement upon approval by the Authority a program for the
training of trainers, supervisors, planners and managers as provided for in
Section 23 of this Act;
i.) to enter into agreement to implement approved plans and programs and
perform activities as shall implement the declared policy of this Act; and
j.) to perform such other functions and duties as may be assigned by the Board.

SECTION 11. Director-General. — The TESDA Secretariat shall be headed by a

Director-General, who shall likewise be a member of the TESDA Board. The Director-
General shall be appointed by the President of the Philippines and shall enjoy the
benefits, privileges ad emoluments equivalent to the rank of Undersecretary.
As Chief Executive Officer of the TESDA Secretariat, the DirectorGeneral shall
exercise general supervision and control over its technical and administrative
personnel.

SECTION 12. Deputy Director-General. — The Director-General shall be assisted by

two (2) Deputy Directors-General to be appointed by the President of the Philippines
on recommendation of the TESDA Board. One to be responsible for Vocational and
Technical Education and Training and one to be responsible for Policies and Planning.

The Deputy Directors-General shall enjoy the benefits, privileges and emoluments
equivalent to the rank of Assistant Secretary.

SECTION 13. Chief of Services for Administration. — The Director-General shall also
be assisted by a Chief of Services for Administration who shall be a Career Civil
Service Official to be appointed by the TESDA Board.

SECTION 14. Structural Organization and Personnel. — The TESDA Secretariat, in

addition to the offices of the Director-General, Deputy Director-General and Chief of
Services for Administration shall be composed of the following offices to be headed by
an Executive Director to be appointed by the Director-General and shall have the rank
and emoluments of Director IV.

a) Planning Office (PO) — The Planning Office shall be under the Office of the Deputy
Director-General and shall have the following functions:

1) to design and establish planning processes and methodologies which will

particularly enhance the efficiency of resource allocation decisions within the technical
education and skills development sector;

2) to lead in the preparation and periodic updating of a national plan for technical
education and skills development which shall become the basis for resource
allocation decisions within the sector;

3) to conduct researches, studies and develop information systems for effective

and efficient planning and policy-making within the sector;

4) to develop and implement programs and projects aimed at building up planning

capabilities of various institutions within the sector; and

5) to perform such other powers and functions as may be authorized by the

Authority.
b) Skills Standards and Certification Office (SSCO). — The Skills Standards and
Certification Office shall be under the office of the Deputy Director-General and shall
have the following functions:

1.) to develop and establish a national system of

skills standardization, testing and certification in the country;

2.) to design, innovate and adopt processes and methodologies whereby industry
groups and workers’ guilds take note on progressively the responsibility of
setting skills standards for identified occupational areas, and the local
government units actively participate in promoting skills standards, testing and
certification;
3.) to establish and implement a system of accrediting private enterprises, workers’
associations and guilds and public institutions to serve as skills testing venues;

4.). to conduct research and development on various occupational areas in order

to recommend policies, rules and regulations for effective and efficient skills
and standardization, testing and certification system in the country; and

5.) to perform such other duties and functions as may be authorized.

c) National Institute for Technical Vocational and Education Training (NITVET). —

The National Institute for Technical Vocational and Education Training to be under the
office of the Deputy Director-General and shall have the following functions:

1) to serve as the research and development arm of the government in the field
of technical-vocational education and training;

2) to develop curricula and program standards for various technical-vocational

education and training areas;

3) to develop and implement an integrated program for continuing development

of trainors, teachers and instructors within the technical education and skills
development sector;

4) to develop programs and projects which will build up

institutional capabilities within the sector; and

5) to perform such other powers and functions as may be authorized.

d) Office of Formal Technical Vocational Education and Training (OFFVET). The

Office of Formal Technical Vocational Education and Training to be under the office
of the Deputy Director-General and shall have the following functions:
1) to provide policies, measures and guidelines for effective and efficient
administration of formal technical-vocational education and training programs
implementing by various institutions in the country;

2) to establish and maintain a system for accrediting, coordinating integrating,

monitoring and evaluating the different formal technical-vocational education and
training program vis-a-vis the approved national technical education and skills
development plan;

3) to establish and maintain a network of institutions engaged in institutionalized

technical-vocational education and training, particularly with local government units;
and

4) to perform such other duties and functions as may be authorized.

e) Office of the Non-Formal Technical-Vocational Education and Training

(ONFTVET). — The Office of the Non-Formal TechnicalVocational Education and
Training to be under the Office of the Deputy Director-General and shall have the
following functions:

1) to provide direction, policies and guidelines for effective

implementation of non-formal, community-based technical-

vocational education and training;

2) to accredit, coordinate, monitor and evaluate various nonformal technical-

vocational education and training programs implemented by various
institutions particularly, by local government units;

3) to establish and maintain a network of institutions including local government

units, non-government organizations implementing non-formal, community-
based technical-vocational education and training;

4) to perform such other powers and functions as may be authorized.

f) Office of Apprenticeship (OA). — The Office of Apprenticeship shall be under the

Office of the Deputy Director-General and shall have the following functions:

1) to provide direction, policies and guidelines on the implementation of the

Apprenticeship system;

2) to accredit, coordinate, monitor and evaluate all apprenticeship schemes and

program implemented by various institutions and enterprises;
3) to establish a network of institutions and enterprises conducting apprenticeship
schemes and programs;

4) to perform such other powers and functions as may be authorized.

g) Regional TESDA Offices. — The Regional TESDA Offices shall be headed by

Regional Directors with the rank and emoluments of Director IV to be appointed by
the President.

The Regional TESDA Offices shall be under the direct control of the Director-General
and shall have the following functions:

1) to serve as Secretariat to Regional Technical Education Skills Development

(TESDA) Committees;

2) to provide effective supervision, coordination and integration of technical

education and skills development programs, projects and related activities in their
respective jurisdiction;

3) to develop and recommend TESDA programs for regional and local-level

implementation within the policies set by the Authority;

4) to perform such other duties and functions as may be deemed necessary.

SECTION 15. The Provincial TESDA Offices. — The Provincial Offices shall be
headed by Skill Development Officers who shall have the rank and emoluments of a
Director III.

The Provincial TESDA Offices shall be under the direct control of the Director-General
and shall have the following functions: y

1) to serve as Secretariat to Provincial TESDA Committees;

2) to provide technical assistance particularly to local government units for

effective supervision, coordination, integration and monitoring of technical-
vocational education and training programs within their localities;

3.) to review and recommend TESDA programs for

implementation within their localities and;

4.) to perform such other duties and functions as may be authorized.

Furthermore, the TESDA Secretariat may be further composed by such offices as
may be deemed necessary by the Authority. The Director-General shall appoint such
personnel necessary to carry out the objectives, policies and functions of the Authority
subject to Civil Service laws, rules and regulations.

SECTION 16. Compliance with the Salaries Standardization Law. — The

compensation and emoluments of the officials and employees of the Authority shall
be in accordance with the salary standardization law and other applicable laws under
the national compensation and classification plan.

SECTION 17. Consultants and Technical Assistance, Publication and Research. —

In pursuing its objectives, the Authority is hereby authorized to set aside a portion of
its appropriation for the hiring of services of qualified consultants, and private
organizations for research work and publication in the field of technical education and
skills development. It shall avail itself of the services of other agencies of the
Government as may be required.

SECTION 18. Transfer of the Apprenticeship Program. — The Apprenticeship

Program of the Bureau of Local Employment of the Department of Labor and
Employment shall be transferred to the Authority which shall implement and
administer said program in accordance with existing laws, rules and regulations. y

SECTION 19. Technical Education and Skills Development Committees. — The

Authority shall establish Technical Education and Skills Development Committees at
the regional and local levels to coordinate and monitor the delivery of all skills
development activities by the public and private sectors. These committees shall
likewise serve as the Technical Education and Skills Development Committees of the
Regional and local development councils. The composition of the Technical
Education and Skills Development Committees shall be determined by the Director-
General subject to the guidelines to be promulgated by the Authority.

SECTION 20. Skills Development Centers. — The Authority shall strengthen the
network of national, regional and local skills training centers for the purpose of
promoting skills development.

This network shall include skills training centers in vocational and technical schools,
technical institutes, polytechnic colleges, and all other duly accredited public and
private dual system educational institutions. The technical education and skills
development centers shall be administered and operated under such rules and
regulations as may be established by the Authority in accordance with the National
Technical Education and Skills Development Plan.

SECTION 21. Formulation of a Comprehensive Development Plan for Middle-Level

Manpower. — The Authority shall formulate a comprehensive development plan for
middle-level manpower based on a national employment plan or policies for the
optimum allocation, development and utilization of skilled workers for employment
entrepreneurship and technology development for economic and social growth. This
plan shall, after adoption by the Authority, be updated periodically and submitted to
the President of the Philippines for approval. Thereafter, it shall be the plan for
technical education and skills development for the entire country within the framework
of the National Development Plan. The Authority shall direct the TESDA Secretariat
to call on its member agencies, the private sector and the academe to assist in this
effort.

The comprehensive plan shall provide for reformed industry-based training program
including apprenticeship, dual training system and other similar schemes intended to:

a) promote maximum protection and welfare of the worker/trainee;

b) improve the quality and relevance and social accountability of

technical education and skills development; y

c) accelerate the employment-generation efforts of the government; and y

d) expand the range of opportunities for upward social mobility of the school-
going population beyond the traditional higher levels of formal education.

All government and non-government agencies receiving financial and technical

assistance from the government shall be required to formulate their respective annual
agency technical education and skills development plan in line with the national
technical education and skills development plan. The budget to support such plans
shall be subject to review and endorsement by the Authority to the Department of
Budget and Management.

The Authority shall evaluate the efficiency and effectiveness of agencies skills
development program and schemes to make them conform with the quantitative and
qualitative objectives of the national technical education and skills development plan.
SECTION 22. Establishment and Administration of National Trade Skills Standards.
— There shall be national occupational skills standards to be established by TESDA-
accredited industry committees. The Authority shall develop and implement a
certification and accreditation program in which private industry groups and trade
associations are accredited to conduct approved trade tests, and the local
government units to promote such trade testing activities in their respective areas in
accordance with the guidelines to be set by the Authority.

The Secretary of Labor and Employment shall determine the occupational trades for
mandatory certification.

All certificates relating to the national trade skills testing and certification system shall
be issued by the Authority through the TESDA Secretariat.

SECTION 23. Administration of Training Programs. — The Authority shall design and
administer training programs and schemes that will develop the capabilities of public
and private institutions to provide quality and cost-effective technical educational and
skills development and related opportunities. Such training programs and schemes
shall include teachers trainers’ training, skills training for entrepreneur development
and technology development, cost effective training in occupational trades and related
fields of employment, and value development as an integral component of all skills
training programs.

SECTION 24. Assistance to Employers and Organizations. — The Authority shall

assist any employer or organization engaged in skills training schemes designed to
attain its objectives under rules and regulations which the Authority shall establish for
this purpose.

SECTION 25. Coordination of All Skills Training Schemes. — In order to integrate the
national skills development efforts, all technical education and skills training schemes
as provided for in this Act shall be coordinated with the Authority particularly those
having to do with the setting of trade skills standards. For this purpose, existing
technical education and skills training programs in the Government and in the private
sector, specifically those wholly or partly financed with government funds, shall be
reported to the Authority which shall assess and evaluate such programs to ensure
their efficiency and effectiveness.

SECTION 26. Industry Boards. — The Authority shall establish effective and efficient
institutional arrangements with industry boards and such other bodies or associations
to provide direct participation of employers and workers in the design and
implementation of skills development schemes, trade skills standardization and
certification and such other functions in the fulfillment of the Authority’s objectives.

SECTION 27. Incentives Schemes. — The Authority shall develop and administer
appropriate incentives schemes to encourage government and private industries and
institutions to provide high quality technical education and skills development
opportunities.

SECTION 28. Skills Development Opportunities. — The Authority shall design and
implement an effective and efficient delivery system for quality technical education
and skills development opportunities particularly in disadvantaged sectors, with new
tools of wealth creation and with the capability to take on higher value-added gainful
activities and to share equitably in productivity gains. y

SECTION 29. Devolution of TESDA’s Training Function to Local Governments. — In

establishing the delivery system provided for in the preceding Section, the Authority
shall formulate, implement and finance a specific plan to develop the capability of local
government units to assume ultimately the responsibility for effectively providing
community-based technical education and skills development opportunities:
Provided, however, That there shall be formulated and implemented, an effective and
timely retraining of TESDA personnel that would be affected by the devolution to
ensure their being retained if the concerned local government units would not be able
to absorb them.

SECTION 30. Skills Olympics. — To promote quality skills development in the country
and with the view of participating in international skills competitions, the Authority, with
the active participation of private industries, shall organize and conduct annual
National Skills Olympics. The Authority, through the TESDA Secretariat, shall
promulgate the necessary rules and guidelines for the effective and efficient conduct
of Annual National Skills Olympics and for the country’s participation in international
skills Olympics.

SECTION 31. The TESDA Development Fund. — A TESDA Development Fund is

hereby established, to be managed/administered by the Authority, the income from
which shall be utilized exclusively in awarding of grants and providing assistance to
training institutions, industries, local government units for upgrading their capabilities
and to develop and implement training and training-related activities. The contribution
to the fund shall be the following:

a) a one-time lump sum appropriation from the National Government;

b) an annual contribution from the Overseas Workers Welfare Administration
Fund, the amount of which should be part of the study on financing in
conjunction with letter (D) of Section 34;

c) donations, grants, endowments, and other bequests or gifts, and

d) any other income generated by the Authority.

The TESDA Board shall be the administrator of the fund, and as such, shall formulate
the necessary implementing guidelines for the management of the fund, subject to the
following: a) unless otherwise stipulated by the private donor, only earnings of private
contributions shall be used; and b) no part of the seed capital of the fund, including
earnings, thereof, shall be used to underwrite expenses for administration.

The Board shall appoint a reputable government-accredited investment institution as

fund manager, subject to guidelines promulgated by the Board.

SECTION 32. Scholarship Grants. — The Authority shall adopt a system of allocation
and funding of scholarship grants which shall be responsive to the technical education
and skills development needs of the different regions in the country.
SECTION 33. TESDA Budget. — The amount necessary to finance the initial
implementation of this Act shall be charged against the existing appropriations of the
NMYC and the BTVE. Thereafter, such funds as may be necessary for the continued
implementation of this Act shall be included in the annual General Appropriations Act.

SECTION 34. Transitory Provisions. — a) Within two (2) months after the approval of
this Act, the President shall, in consultation with the Secretary of Labor and
Employment and the Secretary of Education, Culture and Sports, appoint the private
sector representatives of the TESDA Board.

b) Within three (3) months after the appointment of the private sector
representatives, the President shall, upon the recommendation of the Board, appoint
the Director-General.

c) Within four (4) months after the appointment of the Director General, the Board
shall convene to determine the organizational structure and staffing pattern of the
Authority.

d) Within one (1) year after the organization of the Authority, the Board shall
commission an expert group on funding schemes for the TESDA Development Fund,
as provided in Section 31, the results of which shall be used as the basis for
appropriate action by the Board.
e) The personnel of the existing National Manpower and Youth Council (NMYC)
of the Department of Labor and Employment and the Bureau of Technical and
Vocational Education (BTVE) of the Department of Education, Culture and Sports,
shall, in a holdover capacity, continue to perform their respective duties and
responsibilities and receive their corresponding salaries and benefits until such time
when the organizational structure and staffing pattern of the Authority shall have been
approved by the Board: Provided, That the preparation and approval of the said new
organizational structure and staffing pattern shall, as far as practicable, respect and
ensure the security of tenure and seniority rights of affected government employees.

Those personnel whose positions are not included in the new staffing pattern
approved by the Board or who are not reappointed or who choose to be separated as
a result of the reorganization shall be paid their separation or retirement benefits
under existing laws.

SECTION 35. Automatic Review. — Every five (5) years, after the effectivity of this
Act, an independent review panel composed of three (3) persons appointed by the
President shall review the performance of the Authority and shall make
recommendations, based on its findings to the President and to both Houses of
Congress.

SECTION 36. Implementing Rules and Guidelines. — The TESDA Board shall issue,
within a period of ninety (90) days after the effectivity of this Act, the rules and
regulations for the effective implementation of this Act.

The TESDA Board shall submit to the Committees on Education, Arts and Culture of
both Houses of Congress copies of the implementing rules and guidelines within thirty
(30) days after its promulgation.

Any violation of this Section shall render the official/s concerned liable under R.A. No.
6713, otherwise known as the “Code of Conduct and Ethical Standards for Public
Officials, and Employees” and other existing administrative and/or criminal laws. y

SECTION 37. Repealing Clause. — All laws, presidential decrees, executive orders,
presidential proclamation, rules and regulations or parts thereof contrary to or
inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 38. Separability Clause. — If any provision of this Act is declared

unconstitutional, the same shall not affect the validity and effectivity of the other
provisions hereof.
SECTION 39. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
complete publication in two (2) newspapers of general circulation.

Approved: August 25, 1994

LESSON 5. Republic Act No. 9155

AN ACT INSTITUTING A FRAMEWORK OF GOVERNANCE FOR

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

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

Congress assembled:

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

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

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

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

The State shall encourage local initiatives for improving the quality of basic education.
The State shall ensure that the values, needs and aspirations of a school community
are reflected in the program of education for the children, out-of-school youth and adult
learners. Schools and learning centers shall be empowered to make decisions on what
is best for the learners they serve.
SEC. 3. Purposes and Objectives. – The purposes and objectives of this Act are:

(a) To provide the framework for the governance of basic education which shall set
the general directions for educational policies and standards and establish authority,
accountability and responsibility for achieving higher learning outcomes;

(b) To define the roles and responsibilities of, and provide resources to, the field
offices which shall implement educational programs, projects and services in
communities they serve;

(c) To make schools and learning centers the most important vehicle for the teaching
and learning of national values and for developing in the Filipino learners love of
country and pride in its rich heritage;

(d) To ensure that schools and learning centers receive the kind of focused attention
they deserve and that educational programs, projects and services take into account
the interests of all members of the community;

(e) To enable the schools and learning centers to reflect the values of the community
by allowing teachers/learning facilitators and other staff to have the flexibility to serve
the needs of all learners;

(f) To encourage local initiatives for the improvement of schools and learning centers
and to provide the means by which these improvements may be achieved and
sustained; and

(g) To establish schools and learning centers as facilities where schoolchildren are
able to learn a range of core competencies prescribed for elementary and high school
education programs or where the out-of-school youth and adult learners are provided
alternative learning programs and receive accreditation for at least the equivalent of a
high school education.

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

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

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

(b) Basic Education – is the education intended to meet basic learning needs which
lays the foundation on which subsequent learning can be based. It encompasses early
childhood, elementary and high school education as well as alternative learning
systems for out-of-school youth and adult learners and includes education for those
with special needs;

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

and brought together to improve the learning outcomes;

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

structured and sequential learning corresponding to the general concept of elementary
and secondary level of schooling. At the end of each level, the learner needs a
certification in order to enter or advance to the next level;

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

acquires and accumulates knowledge, skills, attitudes and insights from daily
experiences at home, at work, at play and from life itself;

(f) Integrated Schools – is a school that offers a complete basic education in one
school site and has unified instructional programs;

(g) Learner – is any individual seeking basic literacy skills and functional life skills or
support services for the improvement of the quality of his/her life;

(h) Learning Center – is a physical space to house learning resources and facilities of
a learning program for out-of-school youth and adults. It is a venue for face-to-face
learning activities and other learning opportunities for community development and
improvement of the people’s quality of life;

(i) Learning Facilitator – is the key-learning support person who is responsible for
supervising/facilitating the learning process and activities of the learner;

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

outside the framework of the formal system to provide selected types of learning to a
segment of the population;

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

education given to meet the needs and aspirations of an individual and society;

(l) School – is an educational institution, private and public, undertaking educational

operation with a specific age-group of pupils or students pursuing defined studies at
defined levels, receiving instruction from teachers, usually located in a building or a
group of buildings in a particular physical or cyber site; and

(m) School Head – is a person responsible for the administrative and instructional
supervision of the school or cluster of schools.

CHAPTER 1

Governance of Basic Education

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

recognizes that every unit in the education bureaucracy has a particular role, task and
responsibility inherent in the office and for which it is principally accountable for
outcomes;

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

process at appropriate levels. Feedback mechanisms shall be established to ensure
coordination and open communication of the central office with the regional, division
and school levels;
(c) The principles of accountability and transparency shall be operationalized in the
performance of functions and responsibilities at all levels; and

(d) The communication channels of field offices shall be strengthened to facilitate

flow of information and expand linkages with other government agencies, local
government units and nongovernmental organizations for effective governance;

Sec. 6. Governance. – The Department of Education, Culture and Sports shall

henceforth be called the Department of Education. It shall be vested with authority,
accountability and responsibility for ensuring access to, promoting equity in, and
improving the quality of basic education. Arts, culture and sports shall be as provided
for in Sections 8 and 9 hereof.

Sec. 7. Powers, Duties and Functions. – The Secretary of the Department of

Education shall exercise overall authority and supervision over the operations of the
Department.

A. National Level

In addition to his/her powers under existing laws, the Secretary of Education shall have
authority, accountability and responsibility for the following:

(1) Formulating national educational policies;

(2) Formulating a national basic education plan;

(3) Promulgating national educational standards;

(4) Monitoring and assessing national learning outcomes;

(5) Undertaking national educational research and studies;

(6) Enhancing the employment status, professional competence, welfare and

working conditions of all personnel of the Department; and

(7) Enhancing the total development of learners through local and national programs
and/or projects.

The Secretary of Education shall be assisted by not more than four (4)
undersecretaries and not more than four (4) assistant secretaries whose assignments,
duties and responsibilities shall be governed by law. There shall be at least one
undersecretary and one assistant secretary who shall be career executive service
officers chosen from among the staff of the Department.

B. Regional Level

There shall be as many regional offices as may be provided by law. Each regional
office shall have a director, an assistant director and an office staff for program
promotion and support, planning, administrative and fiscal services.
Consistent with the national educational policies, plans and standards, the regional
director shall have authority, accountability and responsibility for the following:

(1) Defining a regional educational policy framework which reflects the values, needs
and expectations of the communities they serve;

(2) Developing a regional basic education plan;

(3) Developing regional educational standards with a view towards benchmarking for
international competitiveness;

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

(5) Undertaking research projects and developing and managing region-wide

projects which may be funded through official development assistance and/or other
funding agencies;

(6) Ensuring strict compliance with prescribed national criteria for the recruitment,
selection and training of all staff in the region and divisions;

(7) Formulating, in coordination with the regional development council, the budget to
support the regional educational plan which shall take into account the educational
plans of the divisions and districts;

(8) Determining the organization component of the divisions and districts and
approving the proposed staffing pattern of all employees in the divisions and districts;

(9) Hiring, placing and evaluating all employees in the regional office, except for the
position of assistant director;

(10) Evaluating all schools division superintendents and assistant division

superintendents in the region;

(11) Planning and managing the effective and efficient use of all personnel, physical
and fiscal resources of the regional office, including professional staff development;

(12) Managing the database and management information system of the region;

(13) Approving the establishment of public and private elementary and high schools
and learning centers; and

(14) Performing such other functions as may be assigned by proper authorities.

C. Division Level

A division shall consist of a province or a city which shall have a schools division
superintendent, at least one assistant schools division superintendent and an office
staff for programs promotion, planning, administrative, fiscal, legal, ancillary and other
support services.
Consistent with the national educational policies, plans and standards, the schools
division superintendents shall have authority, accountability and responsibility for the
following:

(1) Developing and implementing division education development plans,

(2) Planning and managing the effective and efficient use of all personnel, physical
and fiscal resources of the division, including professional staff development,

(3) Hiring, placing and evaluating all division supervisors and schools district
supervisors as well as all employees in the division, both teaching and non-teaching
personnel, including school heads, except for the assistant division superintendent,

(4) Monitoring the utilization of funds provided by the national government and the
local government units to the schools and learning centers,

(5) Ensuring compliance of quality standards for basic education programs and for
this purpose strengthening the role of division supervisors as subject area specialists,

(6) Promoting awareness of and adherence by all schools and learning centers to
accreditation standards prescribed by the Secretary of Education,

(7) Supervising the operations of all public and private elementary, secondary and
integrated schools, and learning centers, and

(8) Performing such other functions as may be assigned by proper authorities.

D. Schools District Level

Upon the recommendation of the schools division superintendents, the regional

director may establish additional schools district within a schools division. Schools
districts already existing at the time of the passage of this law shall be maintained. A
schools district shall have a schools district supervisor and an office staff for program
promotion.

The schools district supervisor shall be responsible for:

(1) Providing professional and instructional advice and support to the school heads
and teachers/facilitators of schools and learning centers in the district or cluster
thereof;

(2) Curricula supervision; and

(3) Performing such other functions as may be assigned by proper authorities.

E. School Level

There shall be a school head for all public elementary schools and public high schools
or a cluster thereof. The establishment of integrated schools from existing public
elementary and public high schools shall be encouraged.
The school head, who may be assisted by an assistant school head, shall be both an
instructional leader and administrative manager. The school head shall form a team
with the school teachers/learning facilitators for delivery of quality educational
programs, projects and services. A core of non-teaching staff shall handle the school’s
administrative, fiscal and auxiliary services.

Consistent with the national educational policies, plans and standards, the school
heads shall have authority, accountability and responsibility for the following:

(1) Setting the mission, vision, goals and objectives of the school;

(2) Creating an environment within the school that is conducive to teaching and
learning;

(3) Implementing the school curriculum and being accountable for higher learning
outcomes;

(4) Developing the school education program and school improvement plan;

(5) Offering educational programs, projects and services which provide equitable
opportunities for all learners in the community;

(6) Introducing new and innovative modes of instruction to achieve higher learning
outcomes;

(7) Administering and managing all personnel, physical and fiscal resources of the
school;

(8) Recommending the staffing complement of the school based on its needs;

(9) Encouraging staff development;

(10) Establishing school and community networks and encouraging the active
participation of teachers organizations, non-academic personnel of public schools,
and parents-teachers-community associations;

(11) Accepting donations, gifts, bequests and grants for the purpose of upgrading
teachers’/learning facilitators’ competencies, improving and expanding school facilities
and providing instructional materials and equipment. Such donations or grants must
be reported to the appropriate district supervisors and division superintendents; and

(12) Performing such other functions as may be assigned by proper authorities.

The Secretary of Education shall create a promotions board, at the appropriate levels,
which shall formulate and implement a system of promotion for schools division
supervisors, schools district supervisors, and school heads. Promotion of school
heads shall be based on educational qualification, merit and performance rather than
on the number of teachers/learning facilitators and learners in the school.
The qualifications, salary grade, status of employment and welfare and benefits of
school heads shall be the same for public elementary, secondary and integrated
schools.

No appointment to the positions of regional directors, assistant regional directors,

schools division superintendents and assistant schools division superintendents shall
be made unless the appointee is a career executive service officer who preferably
shall have risen from the ranks.

CHAPTER 2

Transfer of Cultural Agencies

Sec. 8. Cultural Agencies. – The Komisyon ng Wikang Pilipino, National Historical

Institute, Record Management and Archives Office and the National Library shall now
be administratively attached to the National Commission for Culture and the Arts
(NCCA) and no longer with the Department of Education. The program for school arts
and culture shall remain part of the school curriculum.

CHAPTER 3

Abolition of the Bureau of Physical Education and School Sports

Sec. 9. Abolition of BPESS. – All functions, programs and activities of the Department
of Education related to sports competition shall be transferred to the Philippine Sports
Commission (PSC). The program for school sports and physical fitness shall remain
part of the basic education curriculum.

The Bureau of Physical Education and School Sports (BPESS) is hereby abolished.
The personnel of the BPESS, presently detailed with the PSC, are hereby transferred
to the PSC without loss of rank, including the plantilla positions they occupy. All other
BPESS personnel shall be retained by the Department.

CHAPTER 4

Support and Assistance of Other Government Agencies

Sec. 10. The Secretary of Education and the Secretary of Budget and Management
shall, within ninety (90) days from the approval of this Act, jointly promulgate the
guidelines on the allocation, distribution and utilization of resources provided by the
national government for the field offices, taking into consideration the uniqueness of
the working conditions of the teaching service.

The Secretary of the Department of Education shall ensure that resources

appropriated for the field offices are adequate and that resources for school personnel,
school desks and textbooks and other instructional materials intended are allocated
directly and released immediately by the Department of Budget and Management to
said offices.
Sec. 11. The Secretary of the Department of Education, subject to civil service laws
and regulations, shall issue appropriate personnel policy rules and regulations that will
best meet the requirements of the teaching profession taking into consideration the
uniqueness of the working conditions of the teaching service.

Sec. 12. The Commission on Audit, in the issuance of audit rules and regulations that
will govern the utilization of all resources as well as the liquidation, recording and
reporting thereof, shall take into account the different characteristics and distinct
features of the department’s field offices, its organizational set-up as well as the nature
of the operations of schools and learning centers.

CHAPTER 5

Final Provisions

Sec. 13. Governance in the ARMM. – The Regional Education Secretary for the
Autonomous Region in Muslim Mindanao (ARMM) shall exercise similar governance
authority over the divisions, districts, schools and learning centers in the region as may
be provided in the Organic Act without prejudice to the provisions of Republic Act No.
9054, entitled “An Act to Strengthen and Expand the Organic Act for the Autonomous
Region in Muslim Mindanao, Amending for the Purpose Republic Act No. 6734,
entitled ‘An Act Providing for the Autonomous Region in Muslim Mindanao, as
amended.'”

Sec. 14. Rules and Regulations. – The Secretary of Education shall promulgate the
implementing rules and regulations within ninety (90) days after the approval of this
Act: Provided, That, the Secretary of Education shall fully implement the principle of
shared governance within two (2) years after the approval of this Act.

Sec. 15. Separability Clause. – If for any reason, any portion or provision of this Act
shall be declared unconstitutional, other parts or provisions hereof which are not
affected thereby shall continue to be in full force and effect.

Sec. 16. Repealing Clause. – All laws, decrees, executive orders, rules and
regulations, part or parts thereof, inconsistent with the provisions of this Act, are
hereby repealed or modified accordingly.

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

Lapsed into law on August 11, 2001 without the President’s signature, pursuant to
Sec. 27(1), Article VI of the Constitution.
Executive Order No. 356, s. 2004
LESSON 6

EXECUTIVE ORDER NO. 356

RENAMING THE BUREAU OF NON-FORMAL EDUCATION TO BUREAU OF

ALTERNATIVE LEARNING SYSTEM

WHEREAS, it is a declared State policy, “to protect and promote the right of all citizens
to quality basic education and to promote the right of all citizens to quality basic
education and such education accessible to all by providing all Filipino children in the
elementary level and free education in the high school level. Such education small
also include alternative learning system for out-of-school youth and adult learners.”
(Section 2 of R.A. 9155, The Governance of Basic Education Act of 2001)

WHEREAS, Section 12.1 Rules XII of R.A. 9155 stipulates that “the alternative
Learning System is a parallel learning system to provide a viable alternative to the
existing formal education instruction, encompassing both the non-formal and informal
sources of knowledge and skills”;

WHEREAS, the Department of Education, through the Bureau of Non-formal

Education is mandated to ensure that all learning needs of marginalized learners are
addressed;

WHEREAS, one of the most important initiatives in Non-formal Education in the

Philippines in the last 10 years is the Alternative Learning System (ALS), which is a
major component of basic education with a clearly defined role within the overall
educational goals;

WHEREAS, the ALS will respond to the need of a more systematic and flexible
approach in reaching to all types of learners outside the school system;

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the

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

SECTION 1. The Bureau of Non-formal Education is hereby renamed to Bureau of

Alternative Learning System (BALS).

SEC. 2. The Bureau of Alternative Learning System shall have the following functions:

a. Address the learning needs of the marginalized groups of the population including
the deprived, depressed and underserved citizens;

b. Coordinate with various agencies for skills development to enhance and ensure
continuing employability, efficiency, productivity, and competitiveness in the labor
market;

c. Ensure the expansion of access to educational opportunities for citizens of different

interests, capabilities, demographic characteristics and socio-economic origins and
status; and
d. Promote certification and accreditation of alternative learning programs both formal
and informal in nature for basic education.

SEC. 3. Funds necessary to carry out the provisions of this Executive Order shall be
taken from the present funds available in the Department of Education and shall
thereafter be included in the General Appropriations Act.

SEC. 4. All orders, issuances, rules and regulations, or parts thereof inconsistent with
this Executive Order are hereby repealed or modified accordingly.

SEC. 5. This Executive Order shall take effect fifteen (15) days after its publication in
the Official Gazette.

Done in the City of Manila, this 13th day of September in the year of Our Lord, two
thousand and four.

(Sgd.) GLORIA MACAPAGAL-ARROYO

President of the Philippines

By the President:

(Sgd.) EDUARDO R. ERMITA

Acting Executive Secretary

Source: Malacañang Records Office

Executive Order No. 356, s. 2004

Signed on September 13, 2004

MALACAÑANG
MANILA

BY THE PRESIDENT OF THE PHILIPPINES

LESSON 7. PRESIDENTIAL DECREE NO. 6-A

PRESIDENTIAL DECREE No. 6-A September 29, 1972

AUTHORIZING THE UNDERTAKING OF EDUCATIONAL DEVELOPMENT

PROJECTS, PROVIDING FOR THE MECHANICS OF IMPLEMENTATION AND
FINANCING THEREOF, AND FOR OTHER PURPOSES

I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers

vested in me by the Constitution as Commander-in-Chief of all the Armed Forces of
the Philippines, and pursuant to Proclamation No. 1081 dated September 21, 1972,
and General Order No. 1 dated September 22, 1972, do hereby decree, order and
make as part of the law of the land the following measures:

Section 1. Title. - This Decree shall be known as the "Educational Development

Decree of 1972."

Section 2. Declaration of Policy. - It is hereby declared to be the policy of the

government to ensure, within the context of a free and democratic system maximum
contribution of the educational system to the attainment of the following national
development goals:

(a) To achieve and maintain an accelerating rate of economic development and

social progress;

(b) To assure the maximum participation of all the people in the attainment and
enjoyment of the benefits of such growth; and

(c) To strengthen national consciousness and promote desirable cultural values

in a changing world.

Section 3. Statement of Objectives. - To this end, the educational system aims to:

(a) Provide for a broad general education that will assist each individual, in the
peculiar ecology of his own society, to (1) attain his potential as a human being;
(2) enhance the range and quality of individual and group participation in the
basic functions of society; and (3) acquire the essential educational foundation
for his development into a productive and versatile citizen:

(b) Train the nation's manpower in the middle level skill required for national
development;

(c) Develop the high-level professions that will provide leadership for the nation,
advance knowledge through research, and apply new knowledge for improving
the quality of human life; and

(d) Respond effectively to changing needs and conditions of the nation through
a system of educational planning and evaluation.
Section 4. Guiding Principles of the Ten-Year Program. - In order to lay the foundation
and to advance the attainment of these objectives, a ten-year national education
development program shall be formulated based on the following:

(a) Improvement of curricular programs and quality of instruction of all levels by

way of upgrading physical faculties, adoption of cost-saving instructional
technology, and training and re-training of teachers and administrators;

(b) Upgrading of academic standards through accreditation schemes,

admissions testing and guidance counselling;

(c) Democratization of access to educational opportunities through the

provision of financial assistance to deserving students, skills training programs
for out-of-school youth and continuing education program for non-literate
adults;

(d) Restructuring of higher education to become more responsive to national

development needs through a planned system of incentives and assistance to
both public and private colleges and universities and synchronization of
curricular programs, staffing patterns and institutional development activities;

(e) Expansion of existing programs and establishment of new ones designed to

train middle-level technical and agricultural manpower; and

(f) Instituting reform in the educational financing system to facilitate the shift of
funding responsibility for elementary and secondary education from the national
to the local government, thereby increasing government participation in higher
education.

Section 5. Educational Development Projects. - The above-stated objectives shall be

attained through the undertaking of the following educational development projects:

(a) Management study of the Department of Education and Culture and

institution of administrative improvements therein;

(b) Establishment and/or operation or improvement of secondary schools which

may include provision for extension services, facilities and equipment to allow
the use of expanded and improved curriculum;

(c) Establishment and/or operation, upgrading or improvement of technical

institutes, skills training centers, and other non-formal training programs and
projects for the out-of-school youth and the unemployed in collaboration with
the programs of the National Manpower and Youth Council;

(d) Curriculum and staff development including mathematics and science

teaching;

(e) Expansion of agricultural secondary and higher education programs and

extension activities which may include radio broadcasting and rural training
 services, and the provision of facilities therefor including seed capital and
revolving funds;

(f) Design, utilization and improvement of instructional technology and

development/production of textbooks and other instructional materials; and

(g) Assistance and incentives, including loans and grants, toward the planned
development and improvement of programs and facilities in both public and
private universities, colleges and schools.

In addition, other educational development projects necessary pursuant to the

objectives of this Decree are likewise to be undertaken: Provided, That for such
projects to qualify under this Decree, the same must be consistent with the principles
enunciated in Section 4 hereof, supported by sufficient studies, data and plans of
operation and implementation, endorsed by the National Board of Education to, and
approved by an Education Special Committee, hereinafter provided, to form part of the
educational development program.

Section 6. Working Arrangements. - For the attainment of the objectives of this

Decree, an Education Special Committee, composed of the Secretary of Education
and Culture as Chairman and the Secretary of Finance and the Commissioner of the
Budget as members, if hereby created which shall:

(a) Approve and evaluate the specific projects, endorsed to it by the National Board of
Education, to be financed out of the resources provided for in this Decree; and

(b) Administer the Educational Institutions Development Fund as hereinafter

provided, except that the resources accruing into the Fund shall be managed
by reputable fund managers or financial institutions.

The National Board of Education, as reorganized pursuant to Presidential Decree No.

1 dated September 24, 1972, shall, in addition to its functions, perform the following:

(a) Formulate education objectives and policies consistent with those

enunciated in Section 2 hereof; and

(b) Provide policy guidelines in the administration of the assistance and

incentive programs provided for in Section 5(g) hereof, which shall include a
system of educational priorities consistent with national, regional and/or local
requirements for education and skills training, and such other procedures and
requirements as will ensure the continual upgrading of the quality of education,
the rationalization and institutional growth, and the democratization of access
to education.

In the discharge of its functions, the National Board of Education shall be assisted by
an office of planning and research known as Planning Service in the Department of
Education and Culture.

A project unit to be known as the Educational Development Projects Implementing

Task Force is hereby established under the Office of the Secretary of Education and
Culture to be headed by a Director and be composed of technical staff members and
such consultants as are necessary. Its functions are:

(a) To supervise and implement foreign-assisted development projects; and

(b) To implement such other development projects as may be assigned to it by

the Secretary of Education and Culture.

Where the project involves an office, agency or instrumentality of the government other
than the Department of Education and Culture, appropriate working arrangements
shall be established by the Educational Department Projects Implementing Task Force
and the office, agency or instrumentality concerned, including the turn over of the
project upon its completion to such office, agency or instrumentality to be integrated
with and be part of the regular activities thereof.

Section 7. Authority to Borrow. - The President of the Philippines, in behalf of the

Republic of the Philippines, may contract loans, credits or indebtedness with any
foreign source or lender, under such terms and conditions as may be agreed upon,
any provision of law, including Republic Act Numbered Forty-eight hundred and sixty
as amended by Republic Act Numbered Sixty-one hundred and forty-two, Act
Numbered Forty-two hundred and thirty nine, Commonwealth Act Numbered one
hundred thirty-eight, Commonwealth Act Numbered Five Hundred forty-one, Republic
Act Numbered Nine hundred twelve, Republic Act Numbered Fifty-one hundred eighty-
three, and other related laws to the contrary notwithstanding, for a total amount not
exceeding one hundred million United States dollars or the equivalent thereof in other
currencies, as may be necessary to meet the direct and indirect foreign exchange
requirements of the projects authorized under this Decree, to cover the costs of
feasibility studies, equipment, machineries, supplies, construction, installation and
related services of any such projects: Provided, That the loans, credit or indebtedness
authorized herein shall be incurred on terms of payment of not less that ten (10) years.

Section 8. Utilization of Proceeds. - The proceeds of such loans, credits or

indebtedness, as well as the appropriations under Section 9 hereof, shall be used
exclusively for financing the educational development projects authorized under this
Decree: Provided, That for the purpose of ensuring continued assistance to the
planned development and improvement of programs and facilities in both public and
private universities, colleges and schools, there is hereby authorized to be established
an Educational Institutions Development Fund in an amount of not less that ten million
pesos ( 10,000,000), Philippine currency, annually for a period of ten (10) years. The
said Fund shall be administered as a separate fund, and lending or relending
operations to private universities, colleges and schools shall be subject to the rules
and regulations to be promulgated by the National Board of Education with the
approval of the Secretary of Finance.

Cities, provinces and municipalities may undertake educational development projects pursuant to
the objectives of this Decree and are hereby authorized to avail themselves of
proceeds of loans, credits or indebtedness herein authorized as well as the
appropriations under Section 9 hereof and receive financial assistance subject to such
conditions as may be provided for and/or promulgated by the National Board of
Education pursuant to this Decree.
Section 9. Appropriations. - In addition to the proceeds of the loans, credits or
indebtedness mentioned in Section 7 hereof, there is hereby appropriated for the
projects authorized herein the sum of five hundred million pesos (P500,000,000) out
of the funds in the National Treasury not otherwise appropriated which shall be
programmed and released in the following manner: fifty million pesos (P50,000,000)
for Fiscal Year 1972-73 and fifty million pesos (P50,000,000) annually thereafter until
June thirty, nineteen hundred eighty-two: Provided, That notwithstanding the said
schedule, releases in a given year shall be adjusted in accordance with the actual
requirements of the projects being implemented during the fiscal year: Provided,
further, That should there be any surplus in the annual appropriations herein provided,
the same shall accrue to the Educational Special Account herein created in the
General Fund which shall be made available to finance the projects during the
subsequent fiscal years.

Section 10. Creation of Educational Special Account. - There is hereby established in

the National Treasury an Educational Special Account to meet the appropriations
herein provided, which shall be constituted from the following sources:

(a) Proceeds form bond issues as provided for under Section 11 of this Decree;

(b) Twenty million pesos (P20,000,000) annually from the share of the National
Government in the Special Education Fund under Republic Act Numbered Fifty-
four hundred forty-seven as provided in Section 12 hereof;

(c) Fifteen million pesos (P15,000,000) from the Special Science Fund for
Fiscal Year 1972-73, and fifty per centum (50%), annually thereafter until June
30, 1982, of the total annual receipts from the taxes provided for under Republic
Act Numbered Fifty-four hundred and forty-eight, as provided in Section 13
hereof;

(d) Future savings of the Department of Education and Culture that may result
from the implementation of reforms consequent to management study, as
provided in Section 14 hereof; and

(e) Augmentations from the General Funds which are hereby authorized in
cases where the above sources are not sufficient to cover expenditures
required in any year, as provided in Section 15 of this Act.

The Department of Education and Culture is hereby authorized to receive and spend
or utilize donations and/or bequests made in pursuance of the purposes and for
projects enunciated in this Decree which donations and/or bequests shall be exempt
from the payment of gift taxes.

Section 11. Bond Issues. - The Secretary of Finance may issue and sell bonds not
exceeding twenty million pesos annually under the authority of Republic Act Numbered
Four thousand eight hundred sixty-one, any provision of law to the contrary,
notwithstanding.

Section 12. Portions of the Special Education Fund. - Any provision of law to the
contrary notwithstanding, effective July 1, 1972, until June 30, 1982, twenty million
pesos (P20,000,000) of the annual share of the National Government from the Special
Education Fund provided for under Republic Act Numbered Fifty-four hundred and
forty-seven shall accrue to the Educational Special Account herein provided.
Thereafter, the said share shall accrue to the General Fund.

In this connection, the shares of the local governments from the said Fund may be
used by them to finance such projects as may be established in their locality under the
authority of this Decree regardless of any restriction imposed thereon.

Section 13. Portion of Special Science Fund. - Any provision of law to the contrary
notwithstanding, effective upon approval of this Decree, fifteen million pesos
(P15,000,000) of the Special Science Fund established under Republic Act Numbered
fifty-four-hundred and forty-eight as amended as hereby transferred to the Educational
Special Account herein provided. Starting July 1, 1972, until June 30, 1982, fifty per
centum (50%) of the total collections from the taxes imposed under Republic Act
Numbered fifty-four hundred and forty-eight as amended shall accrued to the
Educational Special Account. Thereafter, said portion shall accrue to the General
Fund.

Section 14. Future Savings. - Such amount of savings resulting from the
implementation of reforms consequent to the management study authorized under
Section 5 as may be necessary to prosecute the projects under this Decree shall
accrue to the Educational Special Account.

Section 15. Augmentation from General Fund. - In cases where funds from sources
specified in Section 10 (a), (b), (c) and (d) are not sufficient to meet the requirements
in any fiscal year, such amounts as necessary to meet such requirements are hereby
appropriated out of the funds in the General Funds not otherwise appropriated, and
transferred to the Educational Special Account.

Section 16. Tax Exemption. - The loans, credits or indebtedness incurred pursuant to
this Decree, the payment of the principal, interests and other charges thereon, the
earnings of the fund created under Section 8, as well as the importation of articles,
materials, equipment, machineries and supplies, including all building materials by the
Department of Education and Culture or other offices, agencies or instrumentalities of
the government and by private or chartered entities authorized by Education Special
Committee to undertake the projects authorized in this Act shall be exempt from all
taxes, duties, fees, imposts, other charges and restrictions, including import
restrictions, imposed by the Republic of the Philippines or any of its agencies or
political subdivisions. The Secretary of Finance shall promulgate rules and regulations
necessary for the purpose.

Section 17. Additional Appropriations. - There is hereby authorized to be

appropriated, out of any funds in the National Treasury not otherwise appropriated,
such sums as may be necessary to pay the principal, interests and other charges on
the loans, credits or indebtedness incurred under the authority of this Decree as and
when they become due.
Section 18. Repealing Clause. - All laws, executive orders, rules or regulations or
parts thereof which are inconsistent with this Decree are hereby repealed and/or
modified accordingly.

Section 19. Effectivity. - This Decree shall take effect immediately.

Done in the City of Manila, this 29th day of September, in the year of Our Lord,
nineteen hundred and seventy two.

The Lawphil Project - Arellano Law Foundation

LESSON 8. BATAS PAMBANSA BLDG. 232

AN ACT PROVIDING FOR THE ESTABLISHMENT AND MAINTENANCE OF AN

INTEGRATED SYSTEM OF EDUCATION

I. GENERAL PROVISIONS

CHAPTER 1
Preliminary Matters

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

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

CHAPTER 2
Declaration of Basic State Policy and Objectives

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

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

social progress;

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

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

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

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

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

Section 4. Declaration of Objectives - The educational system aims to:

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

(a) attain his potentials as a human being;

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

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

a productive and versatile citizen;

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

development;

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

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

a system of educational planning and evaluation.

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

Furthermore, the educational system shall reach out to educationally deprived

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

CHAPTER 1

Preliminary Provisions

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

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

Moreover, the State shall:

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

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

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

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

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

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

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

The members and elements of the educational community are:

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

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

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

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

which includes the following:
 a. "Teaching or academic staff," or all persons engaged in actual
teaching and/or research assignments, either on full-time or part-time
basis, in all levels of the educational system.

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

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

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

academic qualifications and performing academic functions directly
supportive of teaching, such as registrars, librarians, research
assistants, research aides, and similar staff.

d. "Non-academic personnel," or all other school personnel not falling

under the definition and coverage of teaching and academic staff, school
administrators and academic non-teaching personnel.

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

educational operations.

Section 7. Community Participation. - Every educational institution shall provide for

the establishment of appropriate bodies through which the members of the educational
community may discuss relevant issues, and communicate information and
suggestions for assistance and support of the school and for the promotion of their
common interest.

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

Chapter 2
Rights

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

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

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

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

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

education in line with national goals and conducive to their full development as
person with human dignity.
 2. The right to freely chose their field of study subject to existing curricula and
to continue their course therein up to graduation, except in cases of academic
deficiency, or violation of disciplinary regulations.

3. The right to school guidance and counseling services for decisions and
selecting the alternatives in fields of work suited to his potentialities.

4. The right of access to his own school records, the confidentiality of which the
school shall maintain and preserve.

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

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

6. The right to publish a student newspaper and similar publications, as well as

the right to invite resource persons during assemblies, symposia and other
activities of similar nature.

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

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

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

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

their own he organizations or societies.

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

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

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

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

3. The right to establish, join and maintain labor organizations and/or

professional and self-regulating organizations of their choice to promote their
welfare and defend their interests.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER 3

Duties and Obligations

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

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

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

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

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

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

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

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

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

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

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

5. Exercise his rights responsibly in the knowledge that he is answerable for

any infringement or violation of the public welfare and of the rights of others.

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

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

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

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

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

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

4. Assume the responsibility to maintain and sustain his professional growth

and advancement and maintain professionalism in his behavior at all times.

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

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

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

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

2. Be accountable for the efficient and effective administration and

management of the school.

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

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

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

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

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

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

consistency in disciplining his teachers and other personnel.

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

Education, Culture and Sports.

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

teaching personnel shall:

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

techniques in his profession.

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

learning.

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

III. THE EDUCATIONAL SYSTEMS

CHAPTER 1

Formal Education

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

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

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

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

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

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

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

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

a degree in a specific profession or discipline.

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

education are:

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

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

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

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

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

world of work and creativity and prepare himself to engage in honest and gainful
work.
Section 22. Objectives of Secondary Education. - The objectives of secondary
education are:

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

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

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

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

cultural consciousness, moral integrity and spiritual vigor;

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

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

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

CHAPTER 2

Non-Education and Specialized Educational Services

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

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

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

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

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

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

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

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

population;

b. To provide unemployed and underemployed youth and adults with

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

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

and attitudes necessary for personal, community and national
development.

CHAPTER 3

Establishment of Schools

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

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

Government assistance to such schools for educational programs shall be used

exclusively for that purpose.

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

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

institutions.

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

by the government.

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

by private individuals or groups.

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

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

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

Section 28. Effects of Recognition; Punishable Violations - The issuance of a

certificate of recognition to a school shall have the following effects:

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

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

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

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

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

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

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

CHAPTER 4

Internal Organization of Schools

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

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

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

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

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

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

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

CHAPTER 5

School Finance and Assistance

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

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

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

2. Encourage and stimulate private support to education through, inter alia,

fiscal and other assistance measures.

A. FUNDING OF REPUBLIC SCHOOLS

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

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

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

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

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

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

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

B. FUNDING OF PRIVATE SCHOOLS

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

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

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

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

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

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

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

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

C. INCENTIVES TO EDUCATION

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

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

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

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

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

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

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

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

D. ASSISTANCE TO STUDENTS

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

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

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

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

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

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

IV. THE MINISTRY OF EDUCATION, CULTURE AND SPORTS

CHAPTER 1

GENERAL PROVISIONS

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

Section 55. Organization - The Ministry shall be headed by the Minister of Education,
Culture and Sports who shall be assisted by one or more Deputy Ministers.

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

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

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

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

educational plans;

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

culture;

3. Promulgate rules and regulations necessary for the administration,

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

4. Set up general objectives for the school system;

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

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

7. Recommend and study legislation proposed for adoption.

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

CHAPTER 2

BOARD OF HIGHER EDUCATION

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

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

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

1. Make policy recommendations regarding the planning and management of

the integrated system of higher education and the continuing evaluation thereof.

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

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

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

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

CHAPTER 3

THE BUREAUS

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

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

educational standards for elementary education;

2. Undertake studies necessary for the preparation of prototype curricular

designs, instructional materials, and teacher training programs for elementary
education; and

3. Formulate guidelines to improve elementary school physical plants and

equipment, and general management of these schools.
Section 63. Bureau of Secondary Education - The Bureau shall perform the following
functions:

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

educational standards for secondary education;

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

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

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

equipment, and general management of these schools.

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

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

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

vocational-technical programs and recommend educational standards for these
programs;

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

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

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

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

standards for a higher education;

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

formulation and advisory functions;

3. Provide technical assistance to encourage institutional development

programs and projects;

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

5. Perform other functions provided for by law.

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

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

themselves of the educational services and programs of formal education;
 2. Provide opportunities for the acquisition of skills necessary to enhance and
ensure continuing employability, efficiency, productivity, and competitiveness
in the labor market;

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

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

CHAPTER 4

REGIONAL OFFICES

Section 67. Functions - A regional office shall:

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

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

of the Ministry or agency in the regional area;

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

in the area.

V. MISCELLANEOUS PROVISIONS

CHAPTER 1

PENAL ADMINISTRATIVE SANCTIONS

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

If the act is committed by a school corporation, the school head together with the
person or persons responsible for the offense or violation shall be equally liable.

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

1. Mismanagement of school operations;

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

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

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

implementing rules and regulations; and

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

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

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

CHAPTER 2

ADMINISTRATIVE PROVISIONS

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

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

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

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

Approved, September 11, 1982

LESSON 9.

UNESCO’s Four Pillars of Education

‘‘Students eat the bread and butter of the peasants because they have
promised a service in the future. If they are unable or unwilling to provide
that service when the time comes, then the students have stolen from the
peasants as surely as if they had carried off their sacks of wheat in the night.’’

- Julius Nyerere
(In ‘Freedom and Development’ pg. 135)
Over the last half-century, new pressures have challenged the traditional
purpose of higher education as well as the goal of school-based teaching
and learning activities. Every nation today is in one form of competition or
the other with the rest of the world, and one of the key indicators of a
country’s capacity to compete is found in the knowledge, skills, and
competencies possessed by the citizenry.

Today’s knowledge economy requires highly skilled personnel at all levels

to deal with rapid technological changes. To meet current societal needs.

However, if today’s knowledge economy requires highly skilled personnel

to drive it, there must be a shift in teaching and learning activities
in today’ schools.

It has been argued by Arum and Roksa (2011) that four years of
undergraduate education makes little difference in students’ ability to
synthesize knowledge and put complex ideas into writing.

Chan et al (2014) suggested critical examination and restructuring of

teaching and learning activities in today’s schools for them to produce
competent and 21st century ready graduates.

Teaching and Learning Overview

An array of studies (Kennedy, 1997; Burns, 2011) assume that good

teaching depends largely on the teachers' ability to correctly present the
content. The studies notes that good teaching depends largely on the ability
to keep students orderly and attentive, and that the method by which one
teaches a subject itself conveys important information to students about the
subject matter.

However, Blaschke (2012) notes that Educators today should be more

concerned about developing lifelong learners who can survive and thrive in
a global knowledge economy, learners who have the capability to effectively
and creatively apply skills and competencies to new situations in an ever-
changing, complex world.
 In 1996, UNESCO declared that meaningful learning engagements should
rest on these four pillars:

-Learning to know
-Learning to do
-Learning to live together
-Learning to be

See: http://www.unesco.org/delors/fourpil.htm

1. Learning to Know

Concerned less with the acquisition of structured knowledge than with the
mastery of learning tools”

“A truly educated person in the 21st Century needs a broad general

education and the opportunity to study a small number of subjects in
depth.”

“Learning to Learn, to teach and to know”

“Learning to think (comprehend) is a lifelong one and can be enhanced

by every kind of human experience.”

2. Learning to do

This is a compass to be entrepreneurial in this 21st Century

- Qualities needed in the World of Work

- Self Management – Know how to manage oneself
- Co-Management – Set up teams with and groups with common work
- Group Management – Ability to manage the work of others when leading a
group –develop the potentials of collaborators
3. Learning to live together - This is a compass with which to find others.

A total shift from self-centeredness ( I, me and myself ) i.e.

“ Ability to understand other people’s reactions by looking at things from their

own point of view”

4. Learning to be - This is a compass with which to find oneself.

“Self-evaluation – Acceptance”

As one evaluates himself, he/she should accept whatever results that may be.
For the unfavorable one, he/she should take them as constructive “criticism”
to improve or get a better result.

The challenge will be to ensure that everyone always has the personal
resources and intellectual tools needed to understand the world and behave
as a fair-minded, responsible human being.

5. Summary and Conclusion

• Emphasis should shift from certificate acquisition to skill building

• Societal re-engineering to fit-in into the 21st century realities

• Less of classroom learning, more of out-door-learning

• Revisiting indigenous education that promotes partnership and

strategic alliances over isolation and individualism

(Taken from Dr. Sunday Olawale Olaniran, University of Zululand, Nigeria)

CHAPTER 5. BECOMING A PROFESSIONAL TEACHER

LESSON 1. REPUBLIC ACT NO. 4670

THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS

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.

LESSON 2. PRESIDENTIAL DECREE NO 1006

PROVIDING FOR THE PROFESSIONALIZATION OF TEACHERS, REGULATING

THEIR PRACTICE IN THE PHILIPPINES AND FOR OTHER PURPOSES.

WHEREAS, the Constitution provides that “All educational institutions shall be under
the supervision of; and subject to regulation by, the State”, and requires that “the State
shall establish and maintain a complete, adequate and integrated system of education
relevant to the goals of national development”;

WHEREAS, in the pursuit on these objectives, the Department of Education and

Culture has adopted ways and means of overseeing all the educational institutions in
the country;

WHEREAS, this supervisory function of the DEC has been primarily beamed towards
insuring that the educational institutions inculcate in the studentry love of the country,
teach the duties of citizenship, and develop moral character, personal discipline, and
scientific, technological and vocational efficiency;

WHEREAS, to implement these objectives, the institutions have relied upon their
teachers whose direct and continuing interaction with the young people and the
children make them potent forces for the development of proper attitudes among the
citizenry;

WHEREAS, this accounts for the tremendous growth of the teaching population,
comprising in the civil service sector alone more than 300,000 teachers deployed all
over the country;

WHEREAS, to insure that in the immediacy and urgency of teacher recruitment

qualitative requirements are not overlooked, it has become necessary to regulate the
teaching profession;

WHEREAS, although teaching requires a number of years of collegiate study, it is the

only course that it is not yet considered a profession;

WHEREAS, in recognition of the vital role of teachers in nation-building and as an

incentive to raise the morale of teachers, it is imperative that they be considered as
professionals and teaching be recognized as a profession.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by
virtue of the powers vested in me by the Constitution, do hereby decree and order:

Section 1. Title. This Decree shall be known as the Decree Professionalizing

Teaching.

Section 2. Declaration of Policy. It is hereby declared a policy that teacher education

shall be given primary concern and attention by the government and shall be of the
highest quality, and strongly oriented to Philippine conditions and to the needs and
aspirations of the Filipino people even as it seeks enrichment from adoptable ideas
and practices of other people.

Section 3. Definition of Terms. As used in this Decree, the following shall be

construed as follows:

(a) Teaching refers to the profession primarily concerned with the classroom
instruction, at the elementary and secondary levels, in accordance with the curriculum
prescribed by National Board of Education, whether on part-time or full-time basis in
the public or private schools.

(b) Teachers refers to all persons engaged in teaching at the elementary and
secondary levels, whether on a full-time or part-time basis, including guidance
counselors, school librarians, industrial arts or vocational teachers and all other
persons performing supervisory and/or administrative functions in all schools in the
aforesaid levels and legally qualified to practice teaching under this Decree.

(c) Board refers to the National Board for Teachers duly constituted under this Decree.

Section 4. Creation of the National Board for Teachers. There is hereby created a
National Board for Teachers, hereinafter called the Board, to be composed of the
following:

1) Secretary of Education and Culture

Co-
2) Chairman, Civil Service Chairman
Commission

3) Commissioner, Professional
Regulations Commission

4) Two members representing the Member

private sector to be appointed by
the President

Section 5. Powers and Duties. The Board shall have the following powers and duties:

(a) Appoint a set of examiners for every examination who will determine and prepare
the contents of the Board examination for teachers, hereinafter referred to as
examination, in the elementary and secondary levels of instruction, to be held at least
once a year;

(b) Determine and fix the places and dates of examination, appoint supervisors and
room examiners from among the employees of the Government who shall be entitled
to a daily allowance to be fixed by the Board for every examination day actually
attended, use the buildings and facilities of public and private schools for examination
purposes, approve applications to take examination, and approve the release of
examination results;

(c) Look from time to time into the conditions affecting the practice of the teaching
profession, adopt such measures as may be deemed proper for the enhancement of
said profession, and/or maintenance of the professional standards and ethics;

(d) Issue, suspend, revoke, replace or reissue Professional Teachers Certificate, and
administer oaths;

(e) Appoint, subject to the provisions of existing laws, such officials and employees as
are necessary in the effective performance of its functions and responsibilities,
prescribe their duties and fix their compensation;

(f) Prescribe and collect examination and other fees as it may deem proper; and

(g) Promulgate rules and regulations, and exercise such other powers, functions and
duties as may be necessary to carry into effect the purposes of this Decree.

Section 6. Qualification requirements for examination applicants. No applicant shall

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

(a) Except those who have been engaged in teaching as herein defined for at least
five years in schools in the Philippines not organized exclusively for nationals of a
foreign country at the time of the effectivity of this Decree, the applicant must be a
citizen of the Philippines;

(b) That he is of good moral character;

(c) That he is free from any physical and/or mental defect which will incapacitate him
to render efficient service; and

(d) That he possesses the following minimum educational qualifications:

1) For teachers in the kindergarten and elementary grades, Bachelor’s degree in

Elementary Education (B.S.E.Ed.) or its equivalent;

2) For teachers of the secondary schools, Bachelor’s degree in Education or its

equivalent with a major and minor, or a Bachelor’s degree in Arts or Sciences with at
least eighteen units in professional education; and
3) For teachers of secondary vocational and two-year technical courses, Bachelor’s
degree in the field of specialization with at least eighteen units in professional
education.

All applications shall be filed with an office or offices designated by the Board,
preferably the offices of the Civil Service Commission and the Department of
Education and Culture.

These offices shall screen and approve such applications and issue the corresponding
permits to take the examination to qualify applicants.

Section 7. Appointment of examiners. The Board shall appoint a set of examiners for
every examination who are recognized authority in teacher education, and their names
shall not be disclosed until after the release of the results of the examination. They
shall each receive as compensation the sum of not less than P5.00 for each examinee
as may be determined by the Board but in no case shall each examiner receive more
than P18,000 per examination. Any examiner who is in the service of the Government
shall receive the compensation herein provided in addition to his salary.

Section 8. Scope of the examination. The examination shall consist of written tests,
the scope of which shall be determined by the Board, taking into consideration the
teaching plan of the schools legally constituted in the Philippines.

Section 9. Ratings in the examination. In order that a candidate may be deemed to

have successfully passed the examinations, he must have obtained a general average
of at least 70 per cent in all subjects, with no rating below 50 per cent in any subject.

Section 10. Report of the results of examination. The examiners shall report the
ratings obtained by each candidate to the Board within 150 days after the last day of
the examination, unless extended by the latter.

Section 11. Issuance of Certificates. Teachers who have passed examinations given
by the Civil Service Commission or jointly by the Civil Service Commission and the
Department of Education and Culture shall be considered as having passed the board
examinations for teachers. The Board may consider their certificates of rating as
certificates of eligibility or issue an entirely new certificate upon registration of the
teacher and payment of the corresponding fees.

This provision shall likewise apply to those teachers who have permanent appointment
under the Magna Carta For Public School Teachers and all others who may be
qualified for registration as professional teachers under this Decree.

Section 12. Registration. The Civil Service Commission shall, as an arm of the Board,
register holders of Professional Teacher Certificate which registration shall evidence
that the registrant is entitled to all the rights and privileges of a Professional Teacher
until and unless the certificate is suspended or canceled by the Board for just cause.

Section 13. Reissuance of revoked certificates and replacement of lost

certificates. The Board may, for reason of equity and justice, and upon proper
application therefor, issue another copy, original or duplicate, upon payment of the
required fee, of a certificate which has been revoked. A new certificate to replace a
lost, destroyed or mutilated certificate may be issued subject to the rules of the Board.

Section 14. Registration by reciprocity. The Civil Service Commission shall, upon
approval of the Board, effect the registration, without examination, of a teacher validly
registered under the laws of any foreign state or country; Provided, That the
requirements for registration in said foreign state or country are substantially the same
as those required and contemplated by this Decree, and the laws of such foreign state
or country allow citizens of the Philippines to practice the profession on the same basis
and grant the same privileges as the citizens or subjects of such foreign state or
country; Provided finally, That the applicant shall submit competent and conclusive
documentary evidence, confirmed by the Department of Foreign Affairs, showing that
his country’s existing laws permit citizens of the Philippines to practice teaching
profession under the rules and regulations governing citizens thereof.

Section 15. Prohibition. Three years after the effectivity of this Decree, no person shall
engage in teaching and/or act as a teacher as defined in this Decree, whether in the
public or private elementary or secondary school, unless he is holder of a Professional
Teacher Certificate or is considered a Professional Teacher under this Decree.

Section 16. Penal Provision. Any person who shall practice the teaching without a
valid Professional Teacher Certificate, or any person presenting as his or her own the
certificate of another, or any person giving any false or forged evidence in order to
obtain a Professional Teacher Certificate or admission to an examination, or any
person assuming himself as a registered professional teacher or any person violating
any provision of this Decree shall be penalized by a fine of not less than One Thousand
Pesos nor more than Five Thousand Pesos with subsidiary imprisonment or to suffer
an imprisonment of not less than six months nor more than two years, or both such
fine and imprisonment at the discretion of the Court.

Section 17. Repealing Clause. All Acts, Decrees, Executive Orders, Administrative
Orders, rules and regulations or parts thereof inconsistent with the provisions of this
Decree are hereby repealed or modified accordingly.

Section 18. Separability Clause. In case any provision of this Decree or any portion
thereof is declared unconstitutional by a competent court, other provisions shall not be
affected thereby.

Section 19. Effectivity. This Decree shall take effect January 1, 1977.

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

(Sgd.) FERDINAND E. MARCOS

President of the Philippines

By the President:

(Sgd.) JACOBO C. CLAVE

Presidential Executive Assistant
Source: Malacañang Records Office
Presidential Decree No. 1006, s. 1976

Signed on September 22, 1976

LESSON 3. RA 7836

AN ACT TO STRENGTHEN THE REGULATION AND SUPERVISION OF THE

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

ARTICLE I. TITLE

SECTION 1. Short Title. — This Act shall be known as the "Philippine Teachers
Professionalization Act of 1994."

Sec. 2. Statement of Policy. — The State recognizes the vital role of teachers in nation
building and development through a responsible and literate citizenry. Towards this
end, the State shall ensure and promote quality education by proper supervision and
regulation of the licensure examination and professionalization of the practice of the
teaching profession.

Sec. 3. Objectives. — This Act has the herein objectives:

(a) The promotion, development and professionalization of teachers and the teaching
profession; and

(b) The supervision and regulation of the licensure examination.

Sec. 4. Definition of Terms. — For purposes of this Act, the following terms shall
mean: (a) "Teaching" — refers to the profession concerned primarily with classroom
instruction, at the elementary and secondary levels in accordance with the
curriculum prescribed by the Department of Education, Culture and Sports, whether
on part-time or full-time basis in the private or public schools.

(b) "Teachers" — refers to all persons engaged in teaching at the elementary and
secondary levels, whether on full-time or part-time basis, including industrial arts
or vocational teachers and all other persons performing supervisory and/or
administrative functions in all schools in the aforesaid levels and qualified to
practice teaching under this Act.

(c) "Board" — refers to the Board for Professional Teachers duly established and
constituted under this Act.

(d) "Commission" — refers to the Professional Regulation Commission.

 ARTICLE II BOARD FOR PROFESSIONAL TEACHERS

Sec. 5. Creation and Composition of the Board. — There is hereby created under this
Act a Board for Professional Teachers, hereinafter called the Board, a collegial body
under the general supervision and administrative control of the Professional
Regulation Commission, hereinafter referred to as the Commission, composed of five
(5) members who shall be appointed by the President of the Philippines from among
the recommendees chosen by the Commission.The recommendees shall be chosen
from the list of nominees selected by the accredited association of teachers, who duly
possess all the qualifications prescribed in Section 8 of this Act.

The chairman and the voice-chairman of the Board shall be appointed from these five
(5) members by the President: Provided, That the members of the first Board
appointed under this Act shall be automatically registered as professional teachers
and issued with the certificate of registration and professional license upon payment
of the fees for examination, registration, and other fees prescribed by the Commission.

Sec. 6. Duties and Function of the Board. — The Board shall have the following duties
and functions:

(a) Promulgate, administer and enforce rules and regulations necessary for carrying
out the provisions of this Act in accordance with the charter of the Professional
Regulation Commission;

(b) Determine and fix the frequency, dates, and places of examination, appoint
supervisors, proctors, and other personnel as needed who shall be entitled to a
daily allowance to be fixed by the Board for every examination day actually
attended, use buildings and facilities of public or private schools for examination
purposes;

(c) Issue, suspend, or revoke the certificate of registration for the practice of the
teaching profession;

(d) Prescribe and collect examination and other fees as it may deem proper;

(e) Prescribe and/or adopt a code of ethical and professional standards for the practice
of the teaching profession. Such ethical standards, rules and regulations to take
effect sixty (60) days after its publication in the Official Gazette or in any newspaper
of general circulation;

(f) Administer oaths in connection with the administration of this Act;

(g) Supervise and regulate the registration, licensure and practice of professional
teachers in the Philippines;

(h) Adopt an official seal of the Board;

(i) Look into the conditions affecting the practice of the teaching profession and
whenever
necessary, adopt such measures as may be deemed proper for the enhancement and
maintenance of high professional and ethical standards of the profession;

(j) Ensure that all educational institutions offering elementary and secondary
education comply with the essential requirements for curricula, faculty and facilities
for the elementary and secondary levels;

(k) Investigate such violations of this Act, the rules and the code of ethical and
professional standards for professional teachers as it may come to the knowledge
of the Board, and for this purpose, to issue subpoena and subpoena duces tecum
to secure the appearance of witnesses and the production of documents in
connection therewith; and

(l) Discharge such other powers, duties and functions as the Board may deem
necessary for the practice of the teaching profession and the upgrading,
enhancement, development and growth of education in the Philippines.

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

Sec. 8. Qualification of Board Members. — Each Board member must at the time of
his appointment:

(a) Be a citizen and resident of the Philippines;

(b) Be at least thirty-five (35) years of age, of proven integrity, and possessed of high
moral values in his personal as well as professional conduct and has not been
convicted of any offense involving moral turpitude;

(c) Be a holder of the degree of Bachelor of Arts or Bachelor of Science in Education

and preferably a holder of a master's or doctorate degree in education, or their
equivalents, from a university, school, college, academy or institute duly
constituted, recognized and/or accredited by the Philippine government;

(d) Be a professional teacher with a valid certificate of registration and valid

professional license, save those members who shall compose the first Board for
Professional Teachers;
(e) Has been a professional teacher in the active practice of the teaching profession
for at least ten (10) years in the elementary and secondary level; and

(f) Not be an official or member of the faculty of, nor have pecuniary interest in any
university, college, school, or institution conferring a bachelor's degree in education
or its equivalents for at least three (3) years prior to his appointment, and neither
connected with a review center or with any group or association where review
classes or lectures in preparation for the licensure examination are offered or
conducted.

Provided, however, that, the membership to the Board shall be evenly distributed to
cover all levels of education, including equitable representation of the different fields
of specialization.

Sec. 9. Compensation of the Board. — The chairman, vice-chairman, and members

of the Board shall receive compensation comparable to the compensation received by
existing regulatory boards under the Professional Regulation Commission, computed
on the basis of the number of examinees/candidates.

Sec. 10. Supervision of the Board and Custodian of its Records. — The Board shall
be under the supervision and control of the Commission. All records, including
applications for examination, examination papers and results, minutes of deliberation,
administrative cases and investigative cases and investigations involving professional
teachers shall be kept by the Commission.

Sec. 11. Secretariat and Support Services. — The Professional Regulation

Commission, through its chairman, shall provide the secretariat and other support
services to implement effectively the provisions of this Act.

Sec. 12. Removal of a Board Member. — The chairman or any member of the Board
may be removed by the President of the Philippines upon recommendation of the
Commission for neglect of duty, incompetence, unprofessional, unethical, immoral or
dishonorable conduct, commission or toleration of irregularities in the examination,
after having been given the opportunity to defend himself in a proper administrative
investigation.

In the course of investigation, the President may preventively suspend the respondent.

ARTICLE III EXAMINATION AND REGISTRATION

Sec. 13. Examination, Registration and License Required. — Except as otherwise

specifically allowed under the provisions of this Act, all applicants for registration as
professional teachers shall be required to undergo a written examination which shall
be given at least once a year in such places and dates as the Board may determine
upon approval by the Commission. A valid certificate of registration and a valid
professional license from the Commission are required before any person is allowed
to practice as a professional teacher in the Philippines, except as otherwise allowed
under this Act.

Sec. 14. Scope of Examination. — The examinations for the elementary and
secondary school teachers shall be separate. The examination for teachers in the
elementary level shall consist of two (2) parts, namely: professional education and
general education. The examination for teachers in the secondary level shall consist
of three (3) parts, namely: professional education, general education, and field of
specialization.

Sec. 15. Qualification Requirements of Applicants. — No applicant shall be admitted

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

(a) A citizen of the Philippines or an alien whose country has reciprocity with the
Philippines in the practice of the teaching profession; (b) At least eighteen (18) years
of age;

(c) In good health and of good reputation with high moral values;

(d) Has not been convicted by final judgment by a court for an offense involving moral
turpitude;

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

possesses the minimum educational qualifications, as follows:

(1) For teachers in preschool, a bachelor's degree in early childhood education

(BECED) or its equivalent;

(2) For teachers in the elementary grades, a bachelor's degree in elementary

education (BSEED) or its equivalent;

(3) For teachers in the secondary grades, a bachelor's degree in education or its
equivalent with a major and minor, or a bachelor's degree in arts and sciences with at
least ten (10) units in professional education; and

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

Sec. 16. Report of the Results of the Examination. — The Board shall, within one
hundred twenty (120) days after the examination, report the ratings obtained by each
candidate to the Professional Regulation Commission for approval and appropriate
action.
Sec. 17. Issuance of Certificate of Registration and Professional License. — The
registration of a professional teacher commences from the date his name is enrolled
in the roster of professional teachers.

Every registrant who has satisfactorily met all the requirements specified in this Act
shall, upon payment of the registration fee, be issued a certificate of registration as a
professional teacher bearing the full name of the registrant with serial number and
date of issuance signed by the chairman of the Commission and the chairman, vice-
chairman, and members of the Board, stamped with the official seal, as evidence that
the person named therein is entitled to practice the profession with all the rights and
privileges appurtenant thereto. The certificate shall remain in full force and effect until
withdrawn, suspended and/or revoked in accordance with law.

A professional license signed by the chairman of the Commission and bearing the
registration number and date of issuance thereof and the month of expiry or
renewability shall likewise be issued to every registrant who has paid the annual
registration fees for three (3) consecutive years. This license shall serve as evidence
that the licensee can lawfully practice his profession until the expiration of its validity.

Sec. 18. Oath Before Practice. — Every registrant shall be required to take his
professional oath before practicing as a professional teacher.

Sec. 19. Periodic Merit Examination of Teachers. — To encourage continuing

professional growth and development and to provide additional basis for merit
promotion, in addition to their performance rating, teachers may take an oral and
written examination at least once in five (5) years as basis for merit promotion. In taking
this examination, no fee shall be required.

Sec. 20. Failure to Pass the Merit Examination. — If a teacher fails to pass the merit
examination, he or she shall be allowed to take the examination for a second time.
Should he or she fail to pass the merit examination for the second time, then he or she
shall be required to take a DECS accredited refresher course or program before being
allowed to retake the examination.

Failure of any permanent teacher to pass the merit examination shall not, however, be
used as a ground for his/her dismissal or demotion.

Sec. 21. Incentives. — Teachers who pass the merit examination shall:

(a) Be awarded a diploma of merit by the Board;

(b) Earn merit points for purposes of promotion in salary or to a higher position or
grade level;

(c) Be placed in the priority list for government scholarship; and

(d) Enjoy such other benefits as may be promulgated by the Board.

Similar incentives shall be given to teachers who make inventions, develop new
methods of teaching, write a book or books and create works of artistic merit.

Sec. 22. Integration of the Teaching Profession. — The teaching profession shall be
integrated into one national organization which shall be recognized by the Board and
the Commission as the one and only integrated and accredited association of
professional teachers. Upon registration with the Board, every professional teacher
shall be encouraged to become a member of the integrated national organization.
Those who have been registered with the Board but are not members of the said
integrated organization shall be allowed to register as members of the said integrated
organization within three (3) years after the effectivity of this Act. Membership in the
integrated organization shall not be a bar to membership in other associations of the
teaching profession. The professional teachers shall receive the benefits and
privileges appurtenant to their membership in the said integrated and accredited
organization of professional teachers only upon payment of the required membership
fees and dues.

Sec. 23. Revocation of the Certificate of Registration, Suspension from the Practice of
the Teaching Profession, and Cancellation of Temporary or Special Permit. — The
Board shall have the power, after due notice and hearing, to suspend or revoke the
certificate of registration of any registrant, to reprimand or to cancel the
temporary/special permit of a holder thereof who is exempt from registration, for any
of the following causes:

(a) Conviction for any criminal offense by a court of competent jurisdiction;

(b) Immoral, unprofessional or dishonorable conduct;

(c) Declaration by a court of competent jurisdiction for being mentally unsound or

insane;

(d) Malpractice, gross incompetence, gross negligence or serious ignorance of the

practice of the teaching profession;

(e) The use of or perpetration of any fraud or deceit in obtaining a certificate of

registration, professional license or special/temporary permit;

(f) Chronic inebriety or habitual use of drugs;

(g) Violation of any of the provisions of this Act, the rules and regulations and other
policies of the Board and the Commission, and the code of ethical and professional
standards for professional teachers; and

(h) Unjustified or willful failure to attend seminars, workshops, conferences and the
like or the continuing education program prescribed by the Board and the
Commission.
The decision of the Board to revoke or suspend a certificate may be appealed to the
regional trial court of the place where the Board holds office within fifteen (15) days
from receipt of the said decision or of the denial of the motion for reconsideration filed
in due time.

Sec. 24. Registration by Reciprocity. — No teacher of a foreign nationality shall be

admitted to the examination, or be given a certificate of registration or be entitled to
any of the rights and privileges provided under this Act; unless the country or state of
which he is a subject permits Filipino professional teachers to practice within its
territorial limits on the same basis as subjects or citizens of said country or state:
Provided, that the requirements of certification of teachers with said foreign state or
country are substantially the same as those required and contemplated under this Act:
Provided, further, That the laws of such state or country grant the same privilege to
Filipino professional teachers on the same basis as the subject or citizens of such
foreign country or state.

Sec. 25. Roster of Professional Teachers. — A roster of professional teachers

containing the names and addresses of professional teachers, date of registration or
issuance of certificate, and other data which in the opinion of the Board may appear
pertinent shall be maintained. Copies of the roster shall be provided by the
Commission to the Board, the Department of Education, Culture and Sports, and the
integrated and accredited organization of professional teachers.

Sec. 26. Registration and Exception. — Two (2) years after the effectivity of this Act,
no person shall engage in teaching and/or act as a professional teacher as defined in
this Act, whether in the preschool, elementary or secondary level, unless he is a duly
registered professional teacher, and a holder of a valid certificate of registration and a
valid professional license or a holder of a valid special/temporary permit.

Upon approval of the application and payment of the prescribed fees, the certificate of
registration and professional license as a professional teacher shall be issued without
examination as required in this Act to a qualified applicant, who at the time of the
approval of this Act, is:

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

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

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

(c) Not qualified under paragraphs one and two but with any of the following
qualifications. to wit:

(1) An elementary or secondary teacher for five (5) years in good standing and a
holder of Bachelor of Science in Education or its equivalent; or
(2) An elementary or secondary teacher for three
(3) years in good standing and a holder of a master's degree in education or its
equivalent.
Provided, That they shall be given two (2) years from the organization of the Board for
professional teachers within which to register and be included in the roster of
professional teachers: Provided, further, That those incumbent teachers who are not
qualified to register without examination under this Act or who, albeit qualified, were
unable to register within the two-year period shall be issued a five-year temporary or
special permit from the time the Board is organized within which to register after
passing the examination and complying with the requirements provided this Act and
be included in the roster of professional teachers: Provided, furthermore, That those
who have failed the licensure examination for professional teachers shall be eligible
as para-teachers and as such, shall be issued by the Board a special or temporary
permit, and shall be assigned by the Department of Education, Culture and Sports
(DECS) to schools as it may determine under the circumstances.

ARTICLE IV PROVISIONS RELATIVE TO THE PRACTICE OF THE TEACHING

PROFESSION

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

Sec. 28. Penal Provisions. — The following shall be punishable by a fine of not less
than Five thousand pesos (P5,000.00) nor more than Twenty thousand pesos
(P20,000.00) or imprisonment of nor less than six (6) months nor more than five (5)
years, or both, at the discretion of the court:

(a) Any person who practices the teaching profession in the Philippines without being
certified in accordance with the provisions of this Act;

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

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

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

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

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

The penalty of fine or imprisonment or both, as provided in this section, shall also apply
to any school official who shall cause or be responsible for the commission of any of
the above-enumerated acts.
Sec. 29. Appropriations. — Such sums as may be necessary to carry out the
provisions of this Act shall be included in the 1996 General Appropriations Act and
thereafter.

Sec. 30. Implementing Guidelines. — The Board shall formulate and adopt the
necessary guidelines for the effective implementation of the provisions of this Act
within sixty (60) days of its approval.

The Board shall submit to both Committees on Education, Arts, and Culture; and the
Committees on Civil Service and Professional Regulation of the Senate and House of
Representatives, copies of the implementing rules and guidelines within thirty (30)
days after its promulgation.

Any violation of this section shall render the official/s concerned liable under Republic
Act No. 6713, otherwise known as the "Code of Conduct and Ethical Standards for
Public Officials and Employees" and other pertinent administrative and/or penal laws.

Sec. 31. Transitory Provision. — All incumbent teachers in both the public and private
sector not otherwise certified as professional teachers by virtue of this Act, shall be
given (5) years temporary certificates from the time the Board for Professional
Teachers is organized within which to qualify as required by this Act and be included
in the roster of professionals.

Provided, however, That the Professional Board Examination for Teachers (PBET)
shall still be administered by the Civil Service Commission and the Department of
Education, Culture and Sports for the year 1995.cralaw

Sec. 32. Separability Clause. — If, for any reason, any section or provision of this Act
or the application of such section or provision to any person or circumstance is
declared unconstitutional or invalid, no other section or provision of this Act shall be
affected thereby.

Sec. 33. Repealing Clause. — All laws, presidential decrees, executive orders, rules
and regulations or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

Sec. 34. Effectivity Clause. — This Act shall take effect after fifteen (15) days following
its complete publication in the Official Gazette or in two (2) newspapers of general
circulation.

Approved: December 16, 1994

LESSON 4. REPUBLIC ACT NO. 9293

Republic Act No. 9293

Republic of the Philippines
Congress of the Philippines
Metro Manila

Twelfth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eighth day of July, two

thousand three. [REPUBLIC ACT NO. 9293]

AN ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT

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

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

Congress assembled:

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

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

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

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

possesses the minimum educational qualifications, as follows:

(1) For teachers in preschool, a bachelor’s degree in early childhood education

(BECED) or its equivalent;

(2) For teachers in the elementary grades, a bachelor’s degree in elementary

education (BSEED) or its equivalent;

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

(4) For teachers of vocational and two-year technical courses, a bachelor’s degree
in the field of specialization or its equivalent, with at least eighteen (18) units in
professional education.”
SEC 2. Section 26 of the same Act is hereby amended to read as follows:

“SEC. 26. Registration and Exception. – No person shall engage in teaching and/or
act as a professional teacher as defined in this Act, whether in the preschool,
elementary or secondary level, unless the person is a duly registered professional
teacher, and a holder of a valid certificate of registration and a valid professional
license or a holder of a valid special/temporary permit.

Upon approval of the application and payment of the prescribed fees, the certificate of
registration and professional license as a professional teacher shall be issued without
examination as required in this Act to a qualified applicant, who is:

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

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

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

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

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

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

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

“SEC. 31. Transitory Provision. – Special permits, with a validity of three (3) and five
(5) years, issued to para-teachers by the Board for Professional Teachers before the
effectivity of this Act shall be allowed to expire based on the period granted therein:
Provided, That only special permits with a validity of three (3) years may be renewed
upon expiration for a non-extendible period of two (2) years.”
SEC 4. References to the term “Department of Education, Culture and Sports”, in
section 4 (a) and section 25, and the term “DECS” in section 20, of the same Act, are
hereby amended to read as “Department of Education” and “DepEd”, respectively.

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

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

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

Approved,
(Sgd.) JOSE DE (Sgd.) FRANKLIN M.
VENECIA JR. DRILON

Speaker of the House President of the Senate

of Representatives

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

(Sgd.) ROBERTO P.
NAZARENO
Secretary General (Sgd.) OSCAR G.
House of YABES
Representatives Secretary of the Senate

Approved: APR 21 2004

(Sgd.) GLORIA MACAPAGAL-ARROYO

President of the Philippines

LESSON 5. CODE OF ETHICS FOR PROFESSIONAL TEACHERS

Pursuant to the provisions of paragraph (e), Article 11, of R.A. No. 7836, otherwise
known as the Philippine Teachers Professionalization Act of 1994 and paragraph (a),
section 6, P.D. No. 223, as amended, the Board for Professional Teachers hereby
adopt the Code of Ethics for Professional Teachers.
Preamble
Teachers are duly licensed professionals who possesses dignity and reputation with
high moral values as well as technical and professional competence in the practice of
their noble profession, and they strictly adhere to, observe, and practice this set of
ethical and moral principles, standards, and values.

Article I: Scope and Limitations

Section 1. The Philippine Constitution provides that all educational institution shall
offer quality education for all competent teachers. Committed to its full realization, the
provision of this Code shall apply, therefore, to all teachers in schools in the
Philippines.

Section 2. This Code covers all public and private school teachers in all educational
institutions at the preschool, primary, elementary, and secondary levels whether
academic, vocational, special, technical, or non-formal. The term “teacher” shall
include industrial arts or vocational teachers and all other persons performing
supervisory and /or administrative functions in all school at the aforesaid levels,
whether on full time or part-time basis.

Article II: The Teacher and the State

Section 1. The schools are the nurseries of the future citizens of the state; each
teacher is a trustee of the cultural and educational heritage of the nation and is under
obligation to transmit to learners such heritage as well as to elevate national morality,
promote national pride, cultivate love of country, instill allegiance to the constitution
and for all duly constituted authorities, and promote obedience to the laws of the state.

Section 2. Every teacher or school official shall actively help carry out the declared
policies of the state, and shall take an oath to this effect.

Section 3. In the interest of the State and of the Filipino people as much as of his own,
every teacher shall be physically, mentally and morally fit.

Section 4. Every teacher shall possess and actualize a full commitment and devotion
to duty.

Section 5. A teacher shall not engage in the promotion of any political, religious, or
other partisan interest, and shall not, directly or indirectly, solicit, require, collect, or
receive any money or service or other valuable material from any person or entity for
such purposes.

Section 6. Every teacher shall vote and shall exercise all other constitutional rights and
responsibility.

Section 7. A teacher shall not use his position or official authority or influence to coerce
any other person to follow any political course of action.

Section 8. Every teacher shall enjoy academic freedom and shall have privilege of
expounding the product of his researches and investigations, provided that, if the
results are inimical to the declared policies of the State, they shall be brought to the
proper authorities for appropriate remedial action.
Article III: The Teacher and the Community
Section 1. A teacher is a facilitator of learning and of the development of the youth; he
shall, therefore, render the best service by providing an environment conducive to
such learning and growth.

Section 2. Every teacher shall provide leadership and initiative to actively participate
in community movements for moral, social, educational, economic and civic
betterment.

Section 3. Every teacher shall merit reasonable social recognition for which purpose
he shall behave with honor and dignity at all times and refrain from such activities as
gambling, smoking, drunkenness, and other excesses, much less illicit relations.

Section 4. Every teacher shall live for and with the community and shall, therefore,
study and understand local customs and traditions in order to have sympathetic
attitude, therefore, refrain from disparaging the community.

Section 5. Every teacher shall help the school keep the people in the community
informed about the school’s work and accomplishments as well as its needs and
problems.

Section 6. Every teacher is intellectual leader in the community, especially in the

barangay, and shall welcome the opportunity to provide such leadership when needed,
to extend counseling services, as appropriate, and to actively be involved in matters
affecting the welfare of the people.

Section 7. Every teacher shall maintain harmonious and pleasant personal and official
relations with other professionals, with government officials, and with the people,
individually or collectively.

Section 8. A teacher posses freedom to attend church and worships as appropriate,

but shall not use his positions and influence to proselyte others.

Article IV: A Teacher and the Profession

Section 1. Every teacher shall actively insure that teaching is the noblest profession,
and shall manifest genuine enthusiasm and pride in teaching as a noble calling.

Section 2. Every teacher shall uphold the highest possible standards of quality
education, shall make the best preparations for the career of teaching, and shall be at
his best at all times and in the practice of his profession.

Section 3. Every teacher shall participate in the Continuing Professional Education

(CPE) program of the Professional Regulation Commission, and shall pursue such
other studies as will improve his efficiency, enhance the prestige of the profession,
and strengthen his competence, virtues, and productivity in order to be nationally and
internationally competitive.
Section 4. Every teacher shall help, if duly authorized, to seek support from the school,
but shall not make improper misrepresentations through personal advertisements and
other questionable means.

Section 5. Every teacher shall use the teaching profession in a manner that makes it
dignified means for earning a descent living.

Article V: The Teachers and the Profession

Section 1. Teachers shall, at all times, be imbued with the spirit of professional loyalty,
mutual confidence, and faith in one another, self-sacrifice for the common good, and
full cooperation with colleagues. When the best interest of the learners, the school, or
the profession is at stake in any controversy, teachers shall support one another.

Section 2. A teacher is not entitled to claim credit or work not of his own, and shall give
due credit for the work of others which he may use.

Section 3. Before leaving his position, a teacher shall organize for whoever assumes
the position such records and other data as are necessary to carry on the work.

Section 4. A teacher shall hold inviolate all confidential information concerning

associates and the school, and shall not divulge to anyone documents which has not
been officially released, or remove records from files without permission.

Section 5. It shall be the responsibility of every teacher to seek correctives for what
may appear to be an unprofessional and unethical conduct of any associate. However,
this may be done only if there is incontrovertible evidence for such conduct.

Section 6. A teacher may submit to the proper authorities any justifiable criticism
against an associate, preferably in writing, without violating the right of the individual
concerned.

Section 7. A teacher may apply for a vacant position for which he is qualified; provided
that he respects the system of selection on the basis of merit and competence;
provided, further, that all qualified candidates are given the opportunity to be
considered.

Article VI: The Teacher and Higher Authorities in the Profession

Section 1. Every teacher shall make it his duty to make an honest effort to understand
and support the legitimate policies of the school and the administration regardless of
personal feeling or private opinion and shall faithfully carry them out.

Section 2. A teacher shall not make any false accusations or charges against
superiors, especially under anonymity. However, if there are valid charges, he should
present such under oath to competent authority.

Section 3. A teacher shall transact all official business through channels except when
special conditions warrant a different procedure, such as when special conditions are
advocated but are opposed by immediate superiors, in which case, the teacher shall
appeal directly to the appropriate higher authority.
Section 4. Every teacher, individually or as part of a group, has a right to seek redress
against injustice to the administration and to extent possible, shall raise grievances
within acceptable democratic possesses. In doing so, they shall avoid jeopardizing the
interest and the welfare of learners whose right to learn must be respected.

Section 5. Every teacher has a right to invoke the principle that appointments,
promotions, and transfer of teachers are made only on the basis of merit and needed
in the interest of the service.

Section 6. A teacher who accepts a position assumes a contractual obligation to live

up to his contract, assuming full knowledge of employment terms and conditions.

Article VII: School Officials, Teachers, and Other Personnel

Section 1. All school officials shall at all times show professional courtesy, helpfulness
and sympathy towards teachers and other personnel, such practices being standards
of effective school supervision, dignified administration, responsible leadership and
enlightened directions.

Section 2. School officials, teachers, and other school personnel shall consider it their
cooperative responsibility to formulate policies or introduce important changes in the
system at all levels.

Section 3. School officials shall encourage and attend the professional growth of all
teachers under them such as recommending them for promotion, giving them due
recognition for meritorious performance, and allowing them to participate in
conferences in training programs.

Section 4. No school officials shall dismiss or recommend for dismissal a teacher or

other subordinates except for cause.

Section 5. School authorities concern shall ensure that public school teachers are
employed in accordance with pertinent civil service rules, and private school teachers
are issued contracts specifying the terms and conditions of their work; provided that
they are given, if qualified, subsequent permanent tenure, in accordance with existing
laws.

Article VIII: The Teachers and Learners

Section 1. A teacher has a right and duty to determine the academic marks and the
promotions of learners in the subject or grades he handles, provided that such
determination shall be in accordance with generally accepted procedures of evaluation
and measurement. In case of any complaint, teachers concerned shall immediately
take appropriate actions, observing due process.

Section 2. A teacher shall recognize that the interest and welfare of learners are of
first and foremost concern, and shall deal justifiably and impartially with each of them.

Section 3. Under no circumstance shall a teacher be prejudiced or discriminate against

a learner.
Section 4. A teacher shall not accept favors or gifts from learners, their parents or
others in their behalf in exchange for requested concessions, especially if undeserved.

Section 5. A teacher shall not accept, directly or indirectly, any remuneration from
tutorials other what is authorized for such service.

Section 6. A teacher shall base the evaluation of the learner’s work only in merit and
quality of academic performance.

Section 7. In a situation where mutual attraction and subsequent love develop between
teacher and learner, the teacher shall exercise utmost professional discretion to avoid
scandal, gossip and preferential treatment of the learner.

Section 8. A teacher shall not inflict corporal punishment on offending learners nor
make deductions from their scholastic ratings as a punishment for acts which are
clearly not manifestation of poor scholarship.

Section 9. A teacher shall ensure that conditions contribute to the maximum

development of learners are adequate, and shall extend needed assistance in
preventing or solving learner’s problems and difficulties.

Article IX: The Teachers and Parents

Section 1. Every teacher shall establish and maintain cordial relations with parents,
and shall conduct himself to merit their confidence and respect.

Section 2. Every teacher shall inform parents, through proper authorities, of the
progress and deficiencies of learner under him, exercising utmost candor and tact in
pointing out the learner's deficiencies and in seeking parent’s cooperation for the
proper guidance and improvement of the learners.

Section 3. A teacher shall hear parent’s complaints with sympathy and understanding,
and shall discourage unfair criticism.

Article X: The Teacher and Business

Section 1. A teacher has the right to engage, directly or indirectly, in legitimate income
generation; provided that it does not relate to or adversely affect his work as a teacher.

Section 2. A teacher shall maintain a good reputation with respect to the financial
matters such as in the settlement of his debts and loans in arranging satisfactorily his
private financial affairs.

Section 3. No teacher shall act, directly or indirectly, as agent of, or be financially

interested in, any commercial venture which furnish textbooks and other school
commodities in the purchase and disposal of which he can exercise official influence,
except only when his assignment is inherently, related to such purchase and disposal;
provided they shall be in accordance with the existing regulations; provided, further,
that members of duly recognized teachers cooperatives may participate in the
distribution and sale of such commodities.
Article XI: The Teacher as a Person
Section 1. A teacher is, above all, a human being endowed with life for which it is the
highest obligation to live with dignity at all times whether in school, in the home, or
elsewhere.

Section 2. A teacher shall place premium upon self-discipline as the primary principle
of personal behavior in all relationships with others and in all situations.

Section 3. A teacher shall maintain at all times a dignified personality which could
serve as a model worthy of emulation by learners, peers and all others.

Section 4. A teacher shall always recognize the Almighty God as guide of his own
destiny and of the destinies of men and nations.

Article XII: Disciplinary Actions

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

Article XIII: Effectivity

Section 1. This Code shall take effect upon approval by the Professional Regulation
Commission and after sixty (60) days following its publication in the Official Gazette or
any newspaper of general circulation, whichever is earlier.

***end of module for the final term***

Note: Learning Outcomes Assessment will just be posted separately or will be sent to
the students (especially those who opt offline modality) by some other means.