Legal Implication on the

Implementing Guidelines on the

School Calendar and Activities for
the School Year 2023-2024
Source: R.A. 7797
R.A. 11480
DepEd Order No. 22, s. 2023
DepEd Order No. 3, s. 2024

Prepared by:

Atty. Shem G. Bilbao

Legal Unit
Implementing Guidelines on the School Calendar
and Activities for the School Year 2023-2024

Republic Act No. 7797 provides that

the school calendar for each year
beginning S.Y. 1995-1996 shall be
lengthened to not more that 220
class days, inclusive of class days
which may be subsequently suspended
due to natural or man-made calamities.
Implementing Guidelines on the School Calendar
and Activities for the School Year 2023-2024

The amendment provided in Republic

Act No. 11480 pertains to the DepEd
Secretary’s authority to set a different
date for the start of the school year as
well as the end of the regular school
year in the event of a declaration of a
state of emergency or state of calamity.
Implementing Guidelines on the School Calendar
and Activities for the School Year 2023-2024

Further, being the most recent

statutory issuance on this matter,
DepEd is directed to issue the
necessary rules and regulations
within thirty (30) days after the
effectivity of R.A. 11480.
Implementing Guidelines on the School Calendar
and Activities for the School Year 2023-2024

Hence, DepEd Order No. 22, s.

2023 and DepEd Order No. 3, s.
2024 (an amendment) were issued
stating that the End of School Year
(EOSY) shall be May 31, 2023.
Implementing Guidelines on the School Calendar
and Activities for the School Year 2023-2024

Statutory Construction:

An IRR can only “implement” the

provisions of the law, it cannot
change, expand or limit the provisions
of that law. Therefore, the IRR cannot
supersede the law.
Implementing Guidelines on the School Calendar
and Activities for the School Year 2023-2024

While it is true that some provisions in

the Implementing Guidelines deviate
from the provisions of the law,
particularly on the number of days,
however, the same can be reconciled by
considering a few factors.
Implementing Guidelines on the School Calendar
and Activities for the School Year 2023-2024

“Class days” refers to the days

when curricular and co-
curricular activities are
conducted within or outside
school premises.
Implementing Guidelines on the School Calendar
and Activities for the School Year 2023-2024

“Co-curricular Activities” refers

to voluntary and non-graded in-or
off-campus activities organized
by DepEd to reinforce curriculum
delivery.
Implementing Guidelines on the School Calendar
and Activities for the School Year 2023-2024

First consideration:
By understanding that the class days may
be comprised of curricular and co-curricular
activities, the number of class days (179
days as computed) may be augmented by
conducting co-curricular activities that is
within the declared school year.
Implementing Guidelines on the School Calendar
and Activities for the School Year 2023-2024

Second consideration:
Under R.A. 11480, the Secretary of
Education may authorize the holding of
classes for elementary and secondary
levels for public and private schools.
Implementing Guidelines on the School Calendar
and Activities for the School Year 2023-2024

…cont.
However, due to time constraints,
lobbying it with the Secretary to obtain
approval of conducting classes during
Saturdays (Holidays not included) might
be “unfeasible”.
Implementing Guidelines on the School Calendar
and Activities for the School Year 2023-2024

…cont.

Considering further that other religious

sectors may protest to this effect.
Implementing Guidelines on the School Calendar
and Activities for the School Year 2023-2024

…cont.
To address this, it is humbly submitted
that the Curriculum Division (CLMD,
CID) to devise activity/ies that may be
conducted beyond school days that is
flexible to the learners.
Implementing Guidelines on the School Calendar
and Activities for the School Year 2023-2024

Third consideration:
Accordingly, there is a 20% margin of
absences from the total number of days
in a school year that is allowed in private
schools (silent to public schools).
*DepEd Order No. 88 s. 2018 and 2000 DECS Service Manual
Implementing Guidelines on the School Calendar
and Activities for the School Year 2023-2024

…cont.
Applying the concept of absences in this
case, the 179 class days out of 200 or
220 class days (as mandated) is already
a substantial compliance.
Implementing Guidelines on the School Calendar
and Activities for the School Year 2023-2024

…cont.
However, consideration must also be
made to those students who have already
incurred absences and who might be
affected in this arrangement.
Implementing Guidelines on the School Calendar
and Activities for the School Year 2023-2024

…cont.
Nevertheless, if the parallelism is applied on
the perspective of substantially complying
at least 80% of the total class days
required, the records of the students will
not be affected as the change in the number
of class days is beyond their control.
Implementing Guidelines on the School Calendar
and Activities for the School Year 2023-2024

Ergo, while it may be true that the

mandated 200 to 220 class days was not
strictly followed, however, the 179 total
class days for School Year 2023-2024 is
substantially compliant to the issued
DepEd Orders and statutory laws.