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AUTHORIZING THE

SECRETARY OF
EDUCATION AND CULTURE
TO REGULATE THE
PRESIDENTIAL IMPOSITION OF TUITION
DECREE No. 451
May 11, 1974 AND OTHER SCHOOL
FEES, REPEALING
REPUBLIC ACT NO. 6139,
AND FOR OTHER
PURPOSES
IMPLEMENTING RULES AND
REGULATIONS FOR
PRESIDENTIAL DECREE NO. 451

• RULE I • RULE IV
Policy and Scope Action on Application
• RULE II • RULE V
Definition of Terms Disposition of Proceeds
• RULE III from Increase
Application • RULE VI
Miscellaneous
RULE I- Policy and Scope

Section 1. Scope. The rules


and regulations herein
prescribed shall apply to all
private schools, colleges and
universities duly authorized or
recognized by the Government.
RULE I- Policy and Scope
Sec. 2. Authority to
Regulate. The Secretary of
Education and Culture has the
authority to regulate any
increase or change in the rate
of tuition and/or other school
fees or charges collected from
pupils or students and/or their
parents by all private schools,
colleges and universities.
RULE I- Policy and Scope

Any increase or change


including new fees in private
schools, colleges, and
universities shall not be
effective without the prior
approval of the Secretary of
Education and Culture.
RULE I- Policy and Scope
Sec. 3. Purpose of Increase. As a general rule,
the purpose or purposes for which any increase
or change in the current rates of tuition and/or
other school fees or charges of private schools,
colleges and universities shall be to upgrade and
update classroom instruction by improving their
facilities and hiring competent teachers in all
levels of education, provide salary and/or wage
increase and other benefits to their teaching,
administrative and other personnel to keep up
with the increasing cost of living, and to grant
student assistance and establish extension
services.
RULE I- Policy and Scope
Sec. 4. Effectivity of
Increase. Unless otherwise
provided, the effectivity of each
approval of an application for
increase or change in tuition and/or
other school fees or charges,
including new fees or charges, shall
be specified and indicated on the
action taken by the Secretary of
Education and Culture.
RULE II- Definition of Terms
Section 1. Unless otherwise specifically defined the following terms
shall be understood thus

a) Tuition fee covers the school


charges for the subjects or course
enrolled in by a pupil or student, as
indicated in the respective
prospectuses, colleges and
universities, which may either be on a
term or yearly basis or per unit or
units.
RULE II- Definition of Terms
Section 1. Unless otherwise specifically defined the following terms
shall be understood thus

b) Other school fees includes all


miscellaneous fees charged to be
charged by private schools, colleges
and universities as embodied in their
respective prospectuses, bulletins of
information, or catalogues, which are
collected and earmarked for certain
specified purposes pursuant to
existing laws, rules and regulations.
RULE II- Definition of Terms
Section 1. Unless otherwise specifically defined the following terms
shall be understood thus

c) Current school fees means the


tuition and other school fees collected
or charged by private schools,
colleges and universities as approved,
indicated and published in their
respective prospectuses, bulletins of
information, or catalogues.
RULE II- Definition of Terms
Section 1. Unless otherwise specifically defined the following terms
shall be understood thus

d)Increase in fees means any


addition in the amount of the
current tuition and/or other
school fees as defined in
subsections (a), (b), and (c)
herein.
RULE II- Definition of Terms
Section 1. Unless otherwise specifically defined the following terms
shall be understood thus

e) New fee or charge means those


which are imposed by new
schools or by existing schools
which are not included in their
public bulletin or catalogue.
RULE III- Application

Section 1. Period of Filing. For the


school year 1974-75, each application
for increase in tuition and/or other
school fees or charges, including new
fees or charges, together with all
necessary supporting documents, shall
be filed directly by mail or personal
delivery to the Director of Private
Schools in Manila.
RULE III- Application
Sec. 2. Contents. The application referred to in
the preceding section shall indicate, among
others, (a) the purpose and jurisdiction for the
proposed increase in tuition and/or other school
fees or other charges, (b) the itemized current
rates of tuition fee or other school charges, (c)
the corresponding proposed percentage increase,
(d) the revised rates to be imposed or collected,
(e) the proposed allocation and program of
expenses to be effected if the petition is
approved, and (f) the effectivity in point of school
year on a term at which time the new rates shall
be implemented.
RULE III- Application

Sec. 3. Notices. Application for


increase in tuition fee and/or other
school charges, or for new fees or
charges, shall be announced by
the school administration.
RULE III- Application
Sec. 4. Oath and Other Requirements. The
application shall be signed by the school head, under
oath, and shall include as annexes (a) copy of the
financial statement showing the financial status of the
school, college or university, duly certified correct by
a licensed Certified Public Accountant; and (b) copy of
the latest tax returns filed by the school, college or
university with the Bureau of Internal Revenue, or in
the negative, and lieu of the required tax returns, a
corresponding statement relative thereto by the
school head or his duly authorized representative; and
(c) a certification by the school head to the effect that
the application for increase has been announced.
RULE IV- Action on Application

Section 1. Delegation of Authority. The


Director of Private Schools is hereby
authorized to process and evaluate all
applications for increase in tuition fee
and/or other charges, including new
school fees or charges, and to submit
corresponding recommendations thereon
to the Secretary of Education and Culture
for appropriate action.
RULE V- Disposition of Proceeds from Increase

Section 1. Emoluments. At least sixty (60) per cent


of the total incremental proceeds from the increase
in tuition fee and/or other school charges shall be
applied toward an equitable increase in the
emoluments and/or benefits for members of the
faculty, including the staff and administrative
employees of the school, college or university
concerned, a maximum of twelve (12%) per cent
for return on investments, and the rest or twenty-
eight (28%) per cent for institutional development,
including the emergency allowance called for under
LOI No. 174, are deemed embraced in the
emoluments and/or other benefits for members of
the faculty and staff.
RULE V- Disposition of Proceeds from Increase

Sec. 2. Percentage of Increase. The


rate of increase in tuition and/or other
school fees or charges shall in no case
exceed fifteen (15%) per centum of
the current school fees in the school,
college, or university concerned during
the next preceding school year.
RULE V- Disposition of Proceeds from Increase

Sec. 3. Scholarships. As a condition


precedent for the grant of any increase
in tuition and/or other school fees or
charges, each school, college or
university is required to provide free
scholarships to poor but deserving
pupils or students at the ratio of one
(1) free scholarship for every five
hundred (500) pupils/students
enrolled:
RULE V- Disposition of Proceeds from Increase
Provided, however, That the free
scholarships herein called for shall be
exclusive or in addition to any existing
privileges internally granted by private
schools, colleges and universities to
class valedictorians, salutatorians, and
other pupils/students who have
achieved scholastic distinctions as well
as other forms or kinds of scholarships
such as those granted to athletes,
working students, and other
beneficiaries.
RULE V- Disposition of Proceeds from Increase
Sec. 4. Review of Financial
Statements. The Secretary of
Education and Culture, whenever he
deems fit and necessary for verification
purposes, may authorize and/or
request a representative of the
Commission on Audit, through its
Chairman, to review the financial
statements submitted pursuant to Sec.
2 of Rule III hereof, and to examine
the pertinent books and records of the
school, college or university concerned.
RULE VI- Miscellaneous
Section 1. Prohibitions. No school administration shall
sponsor or hold any benefit performances, movies,
concerts, dramatic presentations, games and/or shows
of whatever kind or nature whether for charity or
otherwise. Any such act on the part of the school
administration shall be considered a circumvention of
Presidential Decree No. 451 and shall accordingly be
taken as sufficient cause for the cancellation of the
latest approval of the increase in tuition and/or other
school fees or charges of the school, college or
university concerned granted by the Secretary of
Education and Culture, if any, or a valid ground for the
denial or disapproval of its application if one is pending
consideration.
RULE VI- Miscellaneous
Sec. 2. Penal Provision. Pursuant to Sec. 8 of
Presidential Decree No. 451, any violation of the law or
any provisions of these Implementing Rules and
Regulations, or any final decision made by the
Secretary of Education and Culture shall be punishable
by a fine of Five thousand pesos (5,000.00) or
imprisonment of two (2) years or both at the discretion
of the court, which penalty shall be imposed on the
official(s) of the private school or any person acting for
and in behalf of the school directly responsible for the
violation. If the violator be a public official the same
penalty shall be imposed without prejudice to any
administrative action that may be taken against him.
RULE VI- Miscellaneous
Sec. 3. Repealed Clause. All existing rules and
regulations inconsistent with the present
Implementing Rules and Regulations are
repealed, cancelled, revoked, or modified
accordingly.

Sec. 4. Effectivity. These implementing rules


and regulations shall be effective immediately.
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