REPUBLIC ACT NO.
4670 June 18, 1966 defined by the Department of Education:
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
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 of the computation of the lump sum of the
shall be protected against the consequences of retirement pay and the monthly benefits
employment injuries in accordance with existing thereafter.
laws. The effects of the physical and nervous
VI. TEACHER'S ORGANIZATION
strain on the teacher's health shall be
recognized as a compensable occupational Sec. 27. Freedom to Organize. Public school
disease in accordance with existing laws. teachers shall have the right to freely and
without previous authorization both to establish
V. LEAVE AND RETIREMENT BENEFITS
and to join organizations of their choosing,
Sec. 24. Study Leave. In addition to the leave whether local or national to further and defend
privileges now enjoyed by teachers in the public their interests.
schools, they shall be entitled to study leave not
Sec. 28. Discrimination Against Teachers
exceeding one school year after seven years of
Prohibited. The rights established in the
service. Such leave shall be granted in
immediately preceding Section shall be
accordance with a schedule set by the
exercised without any interference or coercion.
Department of Education. During the period of
It shall be unlawful for any person to commit
such leave, the teachers shall be entitled to at
any acts of discrimination against teachers
least sixty per cent of their monthly salary:
which are calculated to (a) make the
Provided, however, That no teacher shall be
employment of a teacher subject to the
allowed to accumulate more than one year
condition that he shall not join an organization,
study leave, unless he needs an additional
or shall relinquish membership in an
semester to finish his thesis for a graduate
organization,
study in education or allied courses: Provided,
further, That no compensation shall be due the (b) to cause the dismissal of or otherwise
teacher after the first year of such leave. In all prejudice a teacher by reason of his
cases, the study leave period shall be counted membership in an organization or because of
for seniority and pension purposes. participation in organization activities outside
school hours, or with the consent of the proper
The compensation allowed for one year study
school authorities, within school hours, and (c)
leave as herein provided shall be subject to the
to prevent him from carrying out the duties laid
condition that the teacher takes the regular
upon him by his position in the organization, or
study load and passes at least seventy-five per
to penalize him for an action undertaken in that
cent of his courses. Study leave of more than
capacity.
one year may be permitted by the Secretary of
Education but without compensation. Sec. 29. National Teacher's Organizations.
National teachers' organizations shall be
Sec. 25. Indefinite Leave. An indefinite sick leave
consulted in the formulation of national
of absence shall be granted to teachers when
educational policies and professional standards,
the nature of the illness demands a long
and in the formulation of national policies
treatment that will exceed one year at the least.
governing the social security of the teachers.
Sec. 26. Salary Increase upon Retirement. Public
VII. ADMINISTRATION AND ENFORCEMENT
school teachers having fulfilled the age and
service requirements of the applicable Sec. 30. Rules and Regulations. The Secretary of
retirement laws shall be given one range salary Education shall formulate and prepare the
raise upon retirement, which shall be the basis
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.
Approved: June 18, 1966
"Education Act of 1982"
AN ACT PROVIDING FOR THE ESTABLISHMENT
AND MAINTENANCE OF AN INTEGRATED
SYSTEM OF EDUCATION.
BATAS PAMBANSA BILANG 232
I. GENERAL PROVISIONS
CHAPTER 1 Preliminary Matters
Section 1. Title. — This Act shall be known as
the "Education Act of 1982."
Sec. 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
Sec. 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.
Sec. 4. Declaration of Objectives. — The
educational system aim to:
1. Provide for a broad general education that
will assist each individuals in the peculiar
ecology of his own society, to (a) attain his
potentials as a human being; (b) enhance the
range and quality of individual and group
participation in the basic functions of society;
and (c) acquire the essential educational
foundation of his development into a
productive and versatile citizen;
2. Train the nation's manpower in the middle-
level skills for national development;
3. Develop the profession that will provide
leadership for the nation in the advancement of
knowledge for improving the quality of human
life; and
4. Respond effectively to changing needs and
conditions of the nation through a system of
educational planning and evaluation.
Towards the realization of these objectives, and
pursuant to the Constitution, all educational
institutions shall aim to inculcate love of
country, teach the duties of citizenship, and
develop moral character, personal discipline,
and scientific, technological, and vocational
efficiency.
Furthermore, the educational system shall
reach out to educationally deprived
communities, in order to give meaningful reality
to their membership in the national society, to
enrich their civic participation in the community
and national life, and to unify all Filipinos into a
free and just nation.
II. THE EDUCATIONAL COMMUNITY
CHAPTER 1 Preliminary Provisions
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 61. Function of the Board of Higher teaching and non-teaching staff at the
Education. — The Board secondary level;

1. Make policy recommendations regarding the 3. Formulate guidelines to improve the

planning and management of the integrated secondary school physical plants and
system of higher education and the continuing equipment, and general management of these
evaluation thereof. schools.

2. Recommend to the Minister of Education, Sec. 64. Bureau of Technical and Vocational
Culture and Sports steps to improve the Education. — The Bureau shall perform the
governance of the various components of the following:
higher education system at national and
1. Collaborate with other agencies in the
regional levels.
formulation of manpower plans;
3. Assist the Minister of Education, Culture and
2. Conduct studies, formulate, develop and
Sports in making recommendation relatives to
evaluate post-secondary vocational-technical
the generation of resources and their allocation
programs and recommend educational
for higher education.
standards for these programs;
CHAPTER 3 The Bureaus
3. Develop curricular designs and prepare
Sec. 62. Bureau of Elementary Education. — instructional materials, prepare and evaluate
The Bureau shall perform the following programs to upgrade the quality of teaching
functions: and non-teaching staff, and formulate
guidelines to improve the physical plant and
1. Conduct studies and formulate, develop, and
equipment of post-secondary vocational-
evaluate programs and educational standards
technical schools.
for elementary education;
Sec. 65. Bureau of Higher Education. — The
2. Undertake studies necessary for the
Bureau of higher Education shall perform the
preparation of prototype curricular designs,
following functions:
instructional materials, and teacher training
programs for elementary education; and 1. Develop, formulate and evaluate programs,
projects and educational standards for a higher
3. Formulate guidelines to improve elementary
education;
school physical plants and equipment, and
general management of these schools. 2. Provide staff assistance to the Board of
Higher Education in its policy formulation and
Sec. 63. Bureau of Secondary Education. — The
advisory functions;
Bureau shall perform the following functions:
3. Provide technical assistance to encourage
1. Conduct studies and formulate, develop and
institutional development programs and
evaluate programs and educational standards
projects;
for secondary education;
4. Compile, analyze and evaluate data on higher
2. Develop curricular designs, prepare
education; and
instructional materials, and prepare and
evaluate programs to update the quality of the 5. Perform other functions provided for by law.
Sec. 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
Sec. 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
Sec. 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.
Sec. 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
Sec. 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.
Sec. 71. Separability Provision. — Any part or
provision of this Act which may held invalid or
unconstitutional shall not affect its remaining
parts of provisions.
Sec. 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.
Sec. 73. Effectivity. — This Act shall take effect
upon its approval. chanrobles virtual law library
Approved: Septemb
[REPUBLIC ACT NO. 10627]
AN ACT REQUIRING ALL ELEMENTARY AND
SECONDARY SCHOOLS TO ADOPT POLICIES TO
PREVENT AND ADDRESS THE ACTS OF BULLYING
IN THEIR INSTITUTIONS
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 “Anti-Bullying Act of 2013”.
SEC. 2. Acts of Bullying. – For purposes of this
Act, “bullying” shall refer to any severe or
repeated use by one or more students of a
written, verbal or electronic expression, or a
physical act or gesture, or any combination
thereof, directed at another student that has
the effect of actually causing or placing the
latter in reasonable fear of physical or
emotional harm or damage to his property;
creating a hostile environment at school for the
other student; infringing on the rights of the
other student at school; or materially and
substantially disrupting the education process
or the orderly operation of a school; such as,
but not limited to, the following:
a. Any unwanted physical contact between the
bully and the victim like punching, pushing,
shoving, kicking, slapping, tickling, headlocks,
inflicting school pranks, teasing, fighting and the
use of available objects as weapons;
b. Any act that causes damage to a victim’s
psyche and/or emotional well-being;
c. Any slanderous statement or accusation that
causes the victim undue emotional distress like
directing foul language or profanity at the
target, name-calling, tormenting and
commenting negatively on victim’s looks,
clothes and body; and
d. Cyber-bullying or any bullying done through
the use of technology or any electronic means.
SEC. 3. Adoption of Anti-Bullying Policies. – All
elementary and secondary schools are hereby
directed to adopt policies to address the
existence of bullying in their respective
institutions. Such policies shall be regularly
updated and, at a minimum, shall include
provisions which:
(a) Prohibit the following acts:
(1) Bullying on school grounds; property
immediately adjacent to school grounds; at
school-sponsored or school-related activities,
functions or programs whether on or off school
grounds; at school bus stops; on school buses or
other vehicles owned, leased or used by a
school; or through the use of technology or an
electronic device owned, leased or used by a
school;
(2) Bullying at a location, activity, function or
program that is not school-related and through
the use of technology or an electronic device
that is not owned, leased or used by a school if
the act or acts in question create a hostile
environment at school for the victim, infringe
on the rights of the victim at school, or
materially and substantially disrupt the
education process or the orderly operation of a
school; and
(3) Retaliation against a person who reports
bullying, who provides information during an
investigation of bullying, or who is a witness to
or has reliable information about bullying;
(b) Identify the range of disciplinary
administrative actions that may be taken
against a perpetrator for bullying or retaliation
which shall be commensurate with the nature
and gravity of the offense: Provided, That, in
addition to the disciplinary sanctions imposed
upon a perpetrator of bullying or retaliation,
he/she shall also be required to undergo a
rehabilitation program which shall be
administered by the institution concerned. The
parents of the said perpetrator shall be
encouraged by the said institution to join the
rehabilitation program;
(c) Establish clear procedures and strategies for:
(1) Reporting acts of bullying or retaliation;
(2) Responding promptly to and investigating
reports of bullying or retaliation;
(3) Restoring a sense of safety for a victim and
assessing the student’s need for protection;
(4) Protecting from bullying or retaliation of a
person who reports acts of bullying, provides
information during an investigation of bullying,
or is witness to or has reliable information
about an act of bullying; and
(5) Providing counseling or referral to
appropriate services for perpetrators, victims
and appropriate family members of said
students;
(d) Enable students to anonymously report
bullying or retaliation: Provided, however, That
no disciplinary administrative action shall be
taken against a perpetrator solely on the basis
of an anonymous report;
(e) Subject a student who knowingly makes a
false accusation of bullying to disciplinary
administrative action;
(f) Educate students on the dynamics of
bullying, the anti-bullying policies of the school
as well as the mechanisms of such school for
the anonymous reporting of acts of bullying or
retaliation;
(g) Educate parents and guardians about the
dynamics of bullying, the anti-bullying policies
of the school and how parents and guardians
can provide support and reinforce such policies
at home; and
(h) Maintain a public record of relevant
information and statistics on acts of bullying or
retaliation in school: Provided, That the names
of students who committed acts of bullying or
retaliation shall be strictly confidential and only
made available to the school administration,
teachers directly responsible for the said
students and parents or guardians of students
who are or have been victims of acts of bullying
or retaliation.
All elementary and secondary schools shall
provide students and their parents or guardians
a copy of the anti-bullying policies being
adopted by the school. Such policies shall
likewise be included in the school’s student
and/or employee handbook and shall be
conspicuously posted on the school walls and
website, if there is any.
The Department of Education (DepED) shall
include in its training programs, courses or
activities which shall provide opportunities for
school administrators, teachers and other
employees to develop their knowledge and
skills in preventing or responding to any bullying
act.
SEC. 4. Mechanisms to Address Bullying. – The
school principal or any person who holds a
comparable role shall be responsible for the
implementation and oversight of policies
intended to address bullying.
Any member of the school administration,
student, parent or volunteer shall immediately
report any instance of bullying or act of
retaliation witnessed, or that has come to one’s
attention, to the school principal or school
officer or person so designated by the principal
to handle such issues, or both. Upon receipt of
such a report, the school principal or the
designated school officer or person shall
promptly investigate. If it is determined that
bullying or retaliation has occurred, the school
principal or the designated school officer or
person shall:
(a) Notify the law enforcement agency if the
school principal or designee believes that
criminal charges under the Revised Penal Code
may be pursued against the perpetrator;
(b) Take appropriate disciplinary administrative
action;
(c) Notify the parents or guardians of the
perpetrator; and
(d) Notify the parents or guardians of the victim
regarding the action taken to prevent any
further acts of bullying or retaliation.
If an incident of bullying or retaliation involves
students from more than one school, the school
first informed of the bullying or retaliation shall
promptly notify the appropriate administrator
of the other school so that both may take
appropriate action.
SEC. 5. Reporting Requirement. – All schools
shall inform their respective schools division
superintendents in writing about the anti-
bullying policies formulated within six (6)
months from the effectivity of this Act. Such
notification shall likewise be an administrative
requirement prior to the operation of new
schools.
Beginning with the school year after the
effectivity of this Act, and every first week of
the start of the school year thereafter, schools
shall submit a report to their respective schools
division superintendents all relevant
information and statistics on acts of bullying or
retaliation. The schools division
superintendents shall compile these data and
report the same to the Secretary of the DepED
who shall likewise formally transmit a
comprehensive report to the Committee on
Basic Education of both the House of
Representatives and the Senate.
SEC. 6. Sanction for Noncompliance. – In the
rules and regulations to be implemented
pursuant to this Act, the Secretary of the DepED
shall prescribe the appropriate administrative
sanctions on school administrators who shall
fail to comply with the requirements under this
Act. In addition thereto, erring private schools
shall likewise suffer the penalty of suspension of
their permits to operate.
SEC. 7. Implementing Rules and Regulations. –
Within ninety (90) days from the effectivity of
this Act, the DepED shall promulgate the
necessary rules and regulations to implement
the provisions of this Act.
SEC. 8. Separability Clause. – If, for any reason,
any provision of this Act is declared to be
unconstitutional or invalid, the other sections or
provisions hereof which are not affected
thereby shall continue to be in full force or
effect.
SEC. 9. Repealing Clause. – All laws, decrees,
orders, rules and regulations or parts thereof
which are inconsistent with or contrary to the
provisions of this Act are hereby repealed,
amended or modified accordingly.
SEC. 10. Effectivity. – This Act shall take effect
fifteen (15) days after its publication in at least
two (2) national newspapers of general
circulation.
Republic Act 7877
Anti-Sexual Harassment Act of 1995
AN ACT DECLARING SEXUAL HARASSMENT
UNLAWFUL IN THE EMPLOYMENT, EDUCATION
OR TRAINING ENVIRONMENT, AND FOR OTHER
PURPOSES.
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled:
SECTION 1. Title. - This Act shall be known as
the "Anti-Sexual Harassment Act of 1995."
SECTION 2. Declaration of Policy. - The State
shall value the dignity of every individual,
enhance the development of its human
resources, guarantee full respect for human
rights, and uphold the dignity of workers,
employees, applicants for employment,
students or those undergoing training,
instruction or education. Towards this end, all
forms of sexual harassment in the employment,
education or training environment are hereby
declared unlawful.
SECTION 3. Work, Education or Training -
Related, Sexual Harassment Defined. - Work,
education or training-related sexual
harassment is committed by an employer,
employee, manager, supervisor, agent of the
employer, teacher, instructor, professor, coach,
trainor, or any other person who, having
authority, influence or moral ascendancy over
another in a work or training or education
environment, demands, requests or otherwise
requires any sexual favor from the other,
regardless of whether the demand, request or
requirement for submission is accepted by the
object of said Act.
(a) In a work-related or employment
environment, sexual harassment is committed
when:
(1) The sexual favor is made as a
condition in the hiring or in the employment,
re-employment or continued employment of
said individual, or in granting said individual
favorable compensation, terms of conditions,
promotions, or privileges; or the refusal to
grant the sexual favor results in limiting,
segregating or classifying the employee which in
any way would discriminate, deprive ordiminish
employment opportunities or otherwise
adversely affect said employee;
(2) The above acts would impair the
employee's rights or privileges under existing
labor laws; or
(3) The above acts would result in an
intimidating, hostile, or offensive environment
for the employee.
(b) In an education or training environment,
sexual harassment is committed:
(1) Against one who is under the care,
custody or supervision of the offender;
(2) Against one whose education,
training, apprenticeship or tutorship is
entrusted to the offender;
(3) When the sexual favor is made a
condition to the giving of a passing grade, or
the granting of honors and scholarships, or the
payment of a stipend, allowance or other
benefits, privileges, or consideration; or
(4) When the sexual advances result in
an intimidating, hostile or offensive
environment for the student, trainee or
apprentice.
Any person who directs or induces another
to commit any act of sexual harassment as
herein defined, or who cooperates in the
commission thereof by another without which it
would not have been committed, shall also be
held liable under this Act.
SECTION 4. Duty of the Employer or Head of
Office in a Work-related, Education or Training
Environment. - It shall be the duty of the
employer or the head of the work-related,
educational or training environment or
institution, to prevent or deter the commission
of acts of sexual harassment and to provide the
procedures for the resolution, settlement or
prosecution of acts of sexual harassment.
Towards this end, the employer or head of
office shall:
(a) Promulgate appropriate rules and
regulations in consultation with and joint1y
approved by the employees or students or
trainees, through their duly designated
representatives, prescribing the procedure for
the investigation of sexual harassment cases
and the administrative sanctions therefor.
Administrative sanctions shall not be a bar
to prosecution in the proper courts for unlawful
acts of sexual harassment.
The said rules and regulations issued
pursuant to this subsection (a) shall include,
among others, guidelines on proper decorum in
the workplace and educational or training
institutions.
(b) Create a committee on decorum and
investigation of cases on sexual harassment.
The committee shall conduct meetings, as the
case may be, with officers and employees,
teachers, instructors, professors, coaches,
trainors, and students or trainees to increase
understanding and prevent incidents of sexual
harassment. It shall also conduct the
investigation of alleged cases constituting
sexual harassment.
In the case of a work-related environment,
the committee shall be composed of at least
one (1) representative each from the
management, the union, if any, the employees
from the supervisory rank, and from the rank
and file employees.
In the case of the educational or training
institution, the committee shall be composed of
at least one (1) representative from the
administration, the trainors, instructors,
professors or coaches and students or trainees,
as the case may be.
s The employer or head of office, educational
or training institution shall disseminate or post
a copy of this Act for the information of all
concerned.
SECTION 5. Liability of the Employer, Head of
Office, Educational or Training Institution. - The
employer or head of office, educational or
training institution shall be solidarily liable for
damages arising from the acts of sexual
harassment committed in the employment,
education or training environment if the
employer or head of office, educational or
training institution is informed of such acts by
the offended party and no immediate action is
taken.
SECTION 6. Independent Action for Damages.
- Nothing in this Act shall preclude the victim of
work, education or training-related sexual
harassment from instituting a separate and
independent action for damages and other
affirmative relief.
SECTION 7. Penalties. - Any person who
violates the provisions of this Act shall, upon
conviction, be penalized by imprisonment of
not less than one (1) month nor more than six
(6) months, or a fine of not less than Ten
thousand pesos (P10,000) nor more than
Twenty thousand pesos (P20,000), or both such
fine and imprisonment at the discretion of the
court.
Any action arising from the violation of the
provisions of this Act shall prescribe in three (3)
years.
SECTION 8. Separability Clause. - If any portion
or provision of this Act is declared void or
unconstitutional, the remaining portions or
provisions hereof shall not be affected by such
declaration.

SECTION 9. Repealing Clause. - All laws,

decrees, orders, rules and regulations, other
issuances, or parts thereof inconsistent with the
provisions of this Act are hereby repealed or
modified accordingly.

SECTION 10. Effectivity Clause.- This Act shall

take effect fifteen (15) days after its complete
publication in at least two (2) national
newspapers of general circulation.