UNIVERSITY OF CALOOCAN CITY

CAMARIN CAMPUS

GRADUATE SCHOOL

A PARTIAL FULFILLMENT OF REQUIREMENTS IN

Education and the law

(MAED 309)

(Constitution, Republic Acts, Executive Order, Presidential Decree,

Batas Pambansa, DepEd Orders and other Laws pertaining to
education, from kindergarten through higher education.)

MAED 4TH - C

DR. ESTARLITA DELA CRUZ

Professor

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 Education and the law
(MAED 309)

A compilation of MAED 4TH - C students’ reports on the legal bases

related to the education in the Philippines.

Second Summer

Curriculum Year 2019 – 2020

JULY 28, 2019

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 TABLE OF CONTENTS

Education Legislation 5

Millenium Dev’t Goals 9

Pillars of Education 12

History of Educational Laws in the Philippines 15

Article XIV of the 1987 Constitution of the Philippines 18

Batas Pambansa 232, Rights, Duties and Responsibilities of the 22

members of the school community

RA 7798 36

RA 7722 38

RA 7796 42

Creation of DepEd 55

Creation of CHED 61

Creation of TESDA (RA 7796) 74

RA 9155 75

RA 7784 84

RA 8980 88

Executive Order No. 356 96

RA 6655 97

RA 7615 98

RA 7624 99

Presidential Decree 1006 100

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RA 8736 103

RA 9293 106

RA 8190 108

RA 6713 109

RA 4670 118

RA 6728 123

K-12 Implementation 130

Labor Management Implications Challenges 134

Presidential Decree No. 451 137

RA 5546 143

RA 7797 144

ASEAN 2015, AQRF, PQF 145

RA 8545 152

Problems on Mismatch, Brain Drain and Corruption 155

RA 10157 157

RA 10533 160

RA 7610 171

RA 10627 181

D.O. No. 40 s 2012 184

D.O. No. 49 s. 2006 197

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 Education Legislation
By: Maria Antonia D. Apon

Education is the process of facilitating learning, or the acquisition

of knowledge, skills, values, beliefs, and habits.

Legislature is a deliberative assembly with the authority to make laws for a political
entity such as a country or city. Legislatures form important parts of most governments; in
the separation of powers model, they are often contrasted with the executive and judicial
branches of government.

Education in the Philippines has undergone several stages of development from the
pre-Spanish times to the present
▪ Pre-Magellan times, education was informal, unstructured, and devoid of methods.
Children were provided more vocational training and less academics (3 Rs) by their
parents and in the houses of tribal tutors.
▪ Pre-Spanish The tribal tutors were replaced by the Spanish Missionaries. Education
was religion-oriented. Education during that period was inadequate, suppressed, and
controlled.
▪ Malolos Constitution A system of free and compulsory elementary education was
established.
▪ American Period A free public school system during the 1st decade and chaplains
officers were assigned to teach using ENGLISH as the medium of instructions

Educational Decree of 1863 which provided for the establishment of at least one
primary school for boys and girls in each town under the responsibility of the municipal
government; and the establishment of a normal school for male teachers under the
supervision of the Jesuits.

Act. No. 74 of the Philippine Commission

A highly centralized public school system was installed in 1901. The implementation
of this Act created a heavy shortage of teachers so the Philippine Commission authorized the
Secretary of Public Instruction to bring to the Philipines 600 teachers from the U.S.A. They
were the THOMASITES

Year Official Name of Official Titular Legal Bases

Department Head
1863 Superior Chairman Educational Decree
Commission of of 1863
Primary Instruction
1901-1916 Department of General Act. No. 74 of the
Public Instruction Superintendent Philippine
Commission, Jan.
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 21, 1901
1916-1942 Department of Secretary Organic Act Law of
Public Instruction 1916 (Jones Law)
1942-1944 Department of Commissioner Renamed by the
Education, Health Japanese Executive
and Public Welfare Commission, June
11, 1942
1944 Department of Minister Renamed by
Education, Health Japanese Sponsored
and Public Welfare Philippine Republic
1944 Department of Secretary Renamed by
Public Instruction Japanese Sponsored
Philippine Republic
1945-1946 Department of Secretary Renamed by the
Public Instruction Commonwealth
and Information Government
1946-1947 Department of Secretary Renamed by the
Instruction Commonwealth
Government
1947-1975 Department of Secretary E.O. No. 94 October
Education 1947 (Reorganization
Act of 1947)
1975-1978 Department of Secretary Proc. No. 1081,
Education and September 24, 1972
Culture
1978-1984 Ministry of Minister P.D. No. 1397, June
Education and 2, 1978
Culture
1984-1986 Ministry of Minister Education Act of
Education, Culture 1982
and Sports
1987-1994 Department of Secretary E.O. No. 117.
Education, Culture January 30, 1987
and Sports
1994-2001 Department of Secretary RA 7722 and RA
Education, Culture 7796, 1994
and Sports Trifocalization of
Education
Management
2001 – present Department of Secretary RA 9155, August
Education 2001 (Governance of
Basic Education Act)

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Act. No. 1870
In 1908, the Philippine Legislature approved this Act which created the University of
the Philippines

Reorganization Act of 1916

Provided the Filipinization of all department secretaries except the Secretary of Public
Instructions

October 14, 1943

Japanese – sponsored Republic created the Ministry of Education. The teaching of
Tagalog, Philippine History and Character Education was reserved for Filipinos
In 1972, it became the Department of Education and Culture by virtue of
Proclamation 1081 and the Ministry of Education and Culture in 1978 y virtue of P.D. No.
1397. Thirteen regional offices were created and major organizational changes were
implemented in the educational system.

The Congressional Commission on Education (EDCOM) report provided the impetus

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

The trifocal education system refocused DECS mandate to basic education which
covers elementary, secondary and non-formal education, including culture and sports.
TESDA now administers the post-secondary, middle-level manpower training and
development while CHED is responsible for higher education.

August 2001, Republic Act 9155, otherwise called the Governance of Basic
Education Act, was passed transforming the name of the Department of Education, Culture
and Sports (DECS) to the Department of Education (DepEd) and redefining the role of field
offices

Major Structural Components

▪ The Central Office maintains the overall administration of basic education at the
national level.
▪ The Field Offices are responsible for the regional and local coordination and
administration of the Department’s mandate

At the sub-national level, the Field Offices consist of the following:

Seventeen (17) Regional Offices, and the Autonomous Region in Muslim Mindanao
(ARMM*), each headed by a Regional Director (a Regional Secretary in the case of ARMM).

Two hundred twenty-one (221) Provincial and City Schools Divisions, each headed by a
Schools Division Superintendent.

Assisting the Schools Division Offices are 2,602 School Districts, each headed by a District
Supervisor.

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Under the supervision of the Schools Division Offices are 62,605 schools, broken down as
follows:

49,209 elementary schools (38,648 public and 10,561 private)

13,396 secondary schools (7,976 public and 5,420 private)

*ARMM is included in the budget of the Department on the following:

Creation of teaching and non-teaching positions;

Funding for newly-legislated high schools;

Regular School Building Program; and

Certain foreign-assisted and locally-funded programs and projects.

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 Millennium Development Goals
United Nations Development Program
By: Michelle M. Luistro

What are the Millennium Development Goals?

• The Millennium Development Goals (MDGs) are eight goals to be achieved by 2015 that
respond to the world's main development challenges.
• The MDGs are drawn from the actions and targets contained in the Millennium Declaration
that was adopted by 189 nations-and signed by 147 heads of state and governments during
the UN Millennium Summit in September 2000.

ERADICATE EXTREME POVERTY AND HUNGER

Indicators

• Reduce by half the proportion of people living on less than a dollar a day.

• Achieve full and productive employment and decent work for all, including
women and young people.

• Reduce by half the proportion of people who suffer from hunger

ACHIEVE UNIVERSAL PRIMARY EDUCATION

Indicators

• Ensure that all boys and girls complete a full course of primary schooling.

• Funding for schools, offering teachers-grants, delivering school supplies and

computers, in-company technical and language training, scholarships and
mentorships programmes for staff and local community, information
programmes for customers, suppliers etc.

PROMOTE GENDER EQUALITY AND EMPOWER WOMEN

Indicators
• Eliminate gender disparity in primary and secondary education preferably by
2005, and at all levels by 2015.

REDUCE CHILED MORTALITY

Indicators

• Reduce by three quarters the maternal mortality ratio.

• Achieve, by 2015, universal access to reproductive health.

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 IMPROVE MATERNAL HEALTH
Indicators

• Halt and begin to reverse the spread of HIV/AIDS.

• Achieve, by 2010, universal access to treatment for HIV/AIDS for all those
who need it.

• Halt and begin to reverse the incidence of malaria and other major diseases

COMBAT HIV/AIDS, MALARIA AND OTHER DISEASES

Indicators

• Integrate the principles of sustainable development into country policies and

programmes; reverse loss of environmental resources.

• Reduce by half the proportion of people without sustainable access to safe drinking
water and basic sanitation.

• Achieve significant improvement in lives of at least 100 million slum dwellers, by

2020

ENSURE EVIRONMENTAL SUSTAINABILITY

Indicators

• Develop further an open, rule-based, predictable, non-discriminatory trading

and financial system.

• Address the special needs of the least developed countries.

• Address the special needs of landlocked developing countries and small

island developing States (through the Programme of Action for the
Sustainable Development of Small Island Developing States and the
outcome of the twenty second special session of the General Assembly).

GLOBAL PARTNERSHIP FOR DEVELOPMENT

Indicators

• Deal comprehensively with the debt problems of developing countries

through national and international measures in order to make debt
sustainable in the long term.

• In cooperation with pharmaceutical companies, provide access to affordable

essential drugs in developing countries.

• In cooperation with the private sector, make available the benefits of new
technologies, especially information and communications

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 Global Commitment to the Millennium Development Goals

• In September 2000, one hundred and eighty nine UN member-countries -- rich and poor
alike -- reaffirmed their commitment to peace and security, good governance, and attention
to the most vulnerable with the adoption of the Millennium Declaration.

• Containing commitments to achieve the eight MDGs and the specific targets under them by
2015, the Millennium Declaration reflects the vision of entire nations, working together with
international and country-based organizations, to wipe out poverty and the worst forms of
human deprivation, and lay the foundations for sustainable human development by the year
2015.
Global Commitment to the Millennium Development Goals
The overarching need is to ensure that the MDGs are integrated into and given top priority in
each committed country's development planning efforts: with efficient monitoring,
localization, and advocacy systems put in place; crucial financing secured; multi sectoral
support mobilized; and an enabling environment created with an MDG-responsive policy
framework and legislation.
Philippine Commitment to the Millennium Development Goals
• Since the Philippines first resolved to adopt the MDGs, it has made encouraging strides,
particularly towards the attainment of targets on reducing extreme poverty; child mortality;
the incidence of HIV/AIDS, tuberculosis and malaria; on improving gender equality in
education; and improving households' adequate dietary intake as well as access to safe
drinking water.
Philippine Commitment to the Millennium Development Goals
• Underpinning these gains are two facts. First, the MDGs have been tightly integrated into
the Medium Term Philippine Development Plan (MTPDP) 2004-2010, thus allowing
government strategies, policies and action plans to simultaneously address national and
MDG targets.

• Second, the government has continually closely monitored its own rate of progress in MDG
indicators, and used this information to fine-tune its planning and implementation,
especially to ensure effective implementation at the local level.

Philippine Commitment to the Millennium Development Goals

• Nevertheless, serious challenges and threats remain with regard to targets on

maternal health, access to reproductive health services, nutrition, primary
education, and environmental sustainability. And glaring disparities across
regions persist, as do severe funding constraints.
• The overall probability of attaining the targets remains high, though dependent
largely on the confluence of several factors, among them: scaling up of current
efforts on all target areas; more efficient synchronization and allocation of
available limited resources, including mobilization of additional resources; and
stronger advocacy for and enhanced capability to implement the MDGs at the
local level.

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 The Four Pillars Of Education
By: Joenorec C. Rebuyaco

... education is at the heart of both personal and community development; its mission
is to enable each of us, without exception, to develop all our talents to the full and to realize
our creative potential, including responsibility for our own lives and achievement of personal
aims.

Jacques Delors (Delors, 1996, p 17)

1. Learning to Know
• Implies learning how to learn by developing one’s Concentration, Memory skills
and Ability to Think. Learning to Know involves the development of Knowledge
and Skills that are needed to function in the world. These skills include
Literacy, Numeracy and Critical Thinking.
Learning to Know helps individuals to:

• Develop values and skills for respecting and searching for knowledge and wisdom
• Learn to learn
• Acquire a taste for learning throughout life
• Develop critical thinking
• Acquire tools for understanding the world
• Create a curious mind/learner
• Understand sustainability concepts and issue

2. Learning to Do

o It describes putting knowledge and learning into practice innovatively through

(1) Skill development and (2) Practical know-how, (3) Development of
competence, (4) Life skills, (5) Personal qualities, (6)Aptitudes and (7)Attitudes.
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 o Learning to Do involves the acquisition of Skills that are often linked to
occupational success, such as computer training, managerial training and
apprenticeships.

o Learning to DO identifies work-related values for technical and vocational

education and training that contribute to the development of the whole
person; the worker and the citizen with the knowledge, values, attitudes,
behaviors and skills, needed to be able to participate fully and work
effectively, ethically and responsibly, in a globalized world.

o In order to acquire not only an occupational skill, but also, more broadly, the
competence to deal with many situations and work in teams. It also means
learning to do in the context of young peoples‘ various social and work
experiences which may be informal, as a result of the local or national
context, or formal, involving courses, alternating study and work.

o It represents the skillful, creative and discerning application of knowledge,

one must first learn how to learn effectively, how to think creatively, critically
and holistically, and how to deeply understand the information that is
presented, and its systemic implications for individuals and for society, in
both the short and longer term.

3. Learning to Live together

o Learning to live together in peace and harmony is a dynamic, holistic and

lifelong process through which (the shared values) are internalized and
practiced.

o The process begins with the development of inner peace in the minds and
hearts of individuals engaged in the search for truth, knowledge and
understanding.

o Learning to Live Together involves the development of social skills and values
such as (1)respect and concern for others, (2)social and inter-personal skills
and (3)an appreciation of the diversity of the World.

Education should adopt two complementary approaches. From early childhood:

A. Discovery of other people
• Teach pupils and students about human diversity
• Instill in them an awareness of the similarities and
• interdependence of all people Some subjects lend themselves to this - human
geography in basic education, foreign languages and literature later on
• Children should be taught to understand other people's
• reactions by looking at things from their point of view
• Teaching the history of religions or customs can provide a
• useful reference tool for molding future behavior

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 • Recognition of the rights of other people should not be jeopardized by the way
children and young people are taught
• One of the essential tools for education in the twenty-first century will be a
suitable forum for dialogue and discussion.

B. Encourage involvement in common projects

• Introduce young people to collaborative projects from an early age ,
• The renovation of slum areas,
• Help for disadvantaged people,
• Humanitarian action,
• Senior citizen help schemes
• Involvement of teachers and pupils in common projects can help to teach a
method for resolving conflicts and provide a valuable source of reference for
pupils in later life.

4. Learning to Be

• The all-round development of the whole person, to fulfill his/her highest

potential, and be able to think, decide and act independently— the source of
creativity, innovation and entrepreneurship.
• The aim of development is the complete fulfillment of man, in all the richness of
his personality, the complexity of his forms of expression and his various
commitments - as individual, member of a family and of a community,
citizen and producer, inventor of techniques and creative dreamer‗.
• Learning to Be involves activities that foster personal development (body, mind
and spirit) and contribute to creativity, personal discovery and an
appreciation of the inherent value provided by these pursuits.

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 History Of Educational Law
By: Jessevel R. Barrientos

PRE-SPANISH PERIOD
Aim: For survival, conformity and enculturation
➢ Informal and unstructured
➢ Home serve as their school
➢ Parents serve as the teacher

SPANISH PERIOD
Goal: To spread Christianity.
➢ Education was formal and under the auspices of Roman Catholic Church
➢ Friars established parochial school

Educational Decree of 1863

➢ Provided free public education system in the Philippines
➢ Mandated the establishment of at least one primary school for girls and one for boys in
each major town of the country
➢ Establishment of normal school for the training of teachers
➢ Primary education was also declared free and available to every Filipino
➢ After the implementation of the decree, the number of schools and students increased
steadily
➢ Because of need, higher level schools were established much later by virtue of royal
decrees
➢ Subjects: Based on the Royal Decree of 1863
Languages, Mathematics, History, Philosophy, Geography and Psychology

AMERICAN PERIOD
Goal: To spread democracy
Characteristics
➢ Formal structured
➢ Existence of an educational system

Education Act of 1901 or Act No. 74

a. The Philippine Commission authorized the secretary of Public Instruction to bring
more than 1 000 teachers from USA (Thomasites)
b. Establishment of Philippine Normal School to train aspiring teachers

Act No. 477- Bureau of Public Instruction to Bureau of Education

Act No. 372- Authorized the opening of the provincial high schools

Act No. 1870 in 1908- Creation of University of the Philippines

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COMMONWEALTH PERIOD

Executive Order of No. 134 in 1936- President Quezon designated Tagalog as the basis of a
national language

Education Act of 1940

a. 7 years of elementary education
b. School age entrance-7 years old
c. National support for elementary education
d. Compulsory attendance of primary in grade 1

JAPANESE PERIOD
Methods
a. Rote memorization
b. Use of threat
c. Punishment

Military Order No. 2 in 1942-Establishment of the Commission of Education, Health and

Public Welfare

Establishment of the Ministry of Education (October 14, 1943)

Department of Instruction became part of the Department of Public Instruction

(February 27, 1945)
Executive Order No. 94
➢ Renamed Department of Instruction into Department of Education
➢ During this period, the regulation and supervision of public and private schools
belonged to Bureau of Public and Private Schools

NEW SOCIETY

Proclamation 1081 in 1972-The Department of Education became DECS

Presidential Decree No. 1 in 1972-DECS was decentralized with decision –making shared
among its thirteen regional offices.

Proclamation 1102-Ratification of 1973 constitution

Set out the three aims of education:
1. To foster love of country
2. To teach the duties of citizenship
3. To develop moral character, self-discipline and scientific, technological and vocational
efficiency

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Education Act of 1982- An act providing an integrated system of education covering both
formal and non-formal education at all levels.

FROM1986- PRESENT

Article XIV of the 1987 Constitution -contains the ten aims of education in the
Philippines.

Executive Order No. 117 in 1987-Ministry of Education Culture and Sports became again
the DECS

Republic Act 7722 or Higher Education Act of 1994-Created the Commission on Higher
Education (CHED)

Republic Act 7796 or Technical Education and Skills Development Act of 1994
Change the name of DECS to the current Department of Education (DepEd)
Redefined the role of field offices (regional offices, division offices, district offices and
schools)

➢ In 2005 Education for All (EFA) was implemented

➢ President Aquino adopted the K-6-4-2 basic education system.
➢ Kindergarten Education Act of 2012- Kindergarten was formally made compulsory
➢ Enhanced Basic Education Act of 2013-12 years were officially put into law

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 Article XIV
By: Jessevel R. Barrientos

EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS

EDUCATION

Section 1. The State shall protect and promote the right of all citizens to quality
education at all levels, and shall take appropriate steps to make such education accessible to
all.
Section 2. The State shall:

(1) Establish, maintain, and support a complete, adequate, and integrated

system of education relevant to the needs of the people and society;

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

(3) Establish and maintain a system of scholarship grants, student loan

programs, subsidies, and other incentives which shall be available to deserving
students in both public and private schools, especially to the underprivileged;

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

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

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

Section 3.

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

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

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

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Section 4

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

(2) Educational institutions, other than those established by religious groups

and mission boards, shall be owned solely by citizens of the Philippines or
corporations or associations at least sixty per centum of the capital of which is owned
by such citizens. The Congress may, however, require increased Filipino equity
participation in all educational institutions.
The control and administration of educational institutions shall be vested in
citizens of the Philippines.
No educational institution shall be established exclusively for aliens and no
group of aliens shall comprise more than one-third of the enrollment in any school.
The provisions of this subsection shall not apply to schools established for foreign
diplomatic personnel and their dependents and, unless otherwise provided by law, for
other foreign temporary residents.

(3) All revenues and assets of non-stock, non-profit educational institutions

used actually, directly, and exclusively for educational purposes shall be exempt from
taxes and duties. Upon the dissolution or cessation of the corporate existence of such
institutions, their assets shall be disposed of in the manner provided by law.
Proprietary educational institutions, including those cooperatively owned, may
likewise be entitled to such exemptions, subject to the limitations provided by law,
including restrictions on dividends and provisions for reinvestment.

(4) Subject to conditions prescribed by law, all grants, endowments, donations,

or contributions used actually, directly, and exclusively for educational purposes shall
be exempt from tax.

Section 5.

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

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

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

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

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

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

further developed and enriched on the basis of existing Philippine and other languages.
Subject to provisions of law and as the Congress may deem appropriate, the Government
shall take steps to initiate and sustain the use of Filipino as a medium of official
communication and as language of instruction in the educational system.

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

the Philippines are Filipino and, until otherwise provided by law, English.
The regional languages are the auxiliary official languages in the regions and shall serve as
auxiliary media of instruction therein.
Spanish and Arabic shall be promoted on a voluntary and optional basis.

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

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

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

SCIENCE AND TECHNOLOGY

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

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

Section 12. The State shall regulate the transfer and promote the adaptation of
technology from all sources for the national benefit. It shall encourage the widest
participation of private groups, local governments, and community-based organizations in
the generation and utilization of science and technology.
Section 13. The State shall protect and secure the exclusive rights of scientists,
inventors, artists, and other gifted citizens to their intellectual property and creations,
particularly when beneficial to the people, for such period as may be provided by law.

ARTS AND CULTURE

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

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

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

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

Section 18.

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

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

SPORTS

Section 19.

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

(2) All educational institutions shall undertake regular sports activities

throughout the country in cooperation with athletic clubs and other sectors.

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 BATAS PAMBANSA BLG. 232
By: Mary Grace A. Merabuna

AN ACT PROVIDING FOR THE ESTABLISHMENT AND MAINTENANCE

OF AN INTEGRATED SYSTEM OF EDUCATION

I. GENERAL PROVISIONS

CHAPTER 1

Preliminary Matters

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

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

CHAPTER 2

Declaration of Basic State Policy and Objectives

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

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

progress;

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

3. To achieve and strengthen national unity and consciousness and preserve, develop
and promote desirable cultural, moral and spiritual values in a changing world.

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

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

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Section 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

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

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

Moreover, the State shall:

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

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

23
3. Promote the social economic status of all school personnel, uphold their rights, define
their obligations, and improve their living and working conditions and career prospects.

4. Extend support to promote the viability of those institutions through which parents,
students and school personnel seek to attain their educational goals.

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

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

The members and elements of the educational community are:

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

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

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

includes the following:

a. "Teaching or academic staff," or all persons engaged in actual teaching and/or

research assignments, either on full-time or part-time basis, in all levels of the educational
system.

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

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

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

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

d. "Non-academic personnel," or all other school personnel not falling under the
definition and coverage of teaching and academic staff, school administrators and academic
non-teaching personnel.

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

operations.

Section 7. Community Participation. - Every educational institution shall provide for the
establishment of appropriate bodies through which the members of the educational
community may discuss relevant issues, and communicate information and suggestions for
assistance and support of the school and for the promotion of their common interest.

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

24
 CHAPTER 2

Rights

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

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

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

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

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

education in line with national goals and conducive to their full development as person with
human dignity.

2. The right to freely choose their field of study subject to existing curricula and to
continue their course therein up to graduation, except in cases of academic deficiency, or
violation of disciplinary regulations.

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

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

5. The right to the issuance of official certificates, diplomas, transcript of records, grades,
transfer credentials and other similar documents within thirty days from request.

6. The right to publish a student newspaper and similar publications, as well as the right
to invite resource persons during assemblies, symposia and other activities of similar nature.

7. The right to free expression of opinions and suggestions, and to effective channels of
communication with appropriate academic channels and administrative bodies of the school
or institution.

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

9. The right to be free from involuntary contributions, except those approved by their
own he organizations or societies.

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

25
1. The right to free expression of opinion and suggestions, and to effective channels of
communication with appropriate academic and administrative bodies of the school or
institution.

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

3. The right to establish, join and maintain labor organizations and/or professional and
self-regulating organizations of their choice to promote their welfare and defend their
interests.

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

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

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

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

3. Teachers shall be deemed persons in authority when in the discharge of lawful duties
and responsibilities, and shall, therefore, be accorded due respect and protection.

4. Teachers shall be accorded the opportunity to choose alternative career lines either in
school administration, in classroom teaching, or others, for purposes of career advancement.

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

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

School administrators shall be deemed persons in authority while in the discharge of lawful
duties and responsibilities, and shall therefore be accorded due respect and protection.

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

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

2. The right for institutions of higher learning to determine on academic grounds who
shall be admitted to study, who may teach, and what shall be subjects of the study and
research.

26
 CHAPTER 3

Duties and Obligations

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

1. Parents, individually or collectively, through the school systems, shall help carry out
the educational objectives in accordance with national goals.

2. Parents shall be obliged to enable their children to obtain elementary education and
shall strive to enable them to obtain secondary and higher education in the pursuance of the
right formation of the youth.

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

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

1. Exert his utmost to develop his potentialities for service, particularly by undergoing an
education suited to his abilities, in order that he may become an asset to his family and to
society.

2. Uphold the academic integrity of the school, endeavor to achieve academic excellence
and abide by the rules and regulations governing his academic responsibilities and moral
integrity.

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

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

5. Exercise his rights responsibly in the knowledge that he is answerable for any
infringement or violation of the public welfare and of the rights of others.

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

1. Perform his duties to the school by discharging his responsibilities in accordance with
the philosophy, goals, and objectives of the school.

2. Be accountable for the efficient and effective attainment of specified learning objectives
in pursuance of national development goals within the limits of available school resources.

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

4. Assume the responsibility to maintain and sustain his professional growth and
advancement and maintain professionalism in his behavior at all times.

27
5. Refrain from making deductions in students' scholastic rating for acts that are clearly
not manifestations of poor scholarship.

6. Participate as an agent of constructive social, economic, moral, intellectual, cultural

and political change in his school and the community within the context of national policies.

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

1. Perform his duties to the school by discharging his responsibilities in accordance with
the philosophy, goals and objectives of the school.

2. Be accountable for the efficient and effective administration and management of the
school.

3. Develop and maintain a healthy school atmosphere conducive to the promotion and
preservation of academic freedom and effective teaching and learning, and to harmonious
and progressive school-personnel relationship.

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

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

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

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

in disciplining his teachers and other personnel.

7. Maintain adequate records and submit required reports to the Ministry of Education,
Culture and Sports.

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

personnel shall:

1. Improve himself professionally be keeping abreast of the latest trends and techniques
in his profession.

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

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

III. THE EDUCATIONAL SYSTEMS

CHAPTER 1

Formal Education

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

Section 20. Definition - "Formal Educational" refers to the hierarchically structured and
chronologically graded learning organized and provided by the formal school system and for

28
which certification is required in order for the learner to progress through the grades or move
to higher levels. Formal education shall correspond to the following levels:

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

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

2. Secondary Education. - the state of formal education following the elementary level
concerned primarily with continuing basic education and expanding it to include the learning
of employable gainful skills, usually corresponding to four years of high school.

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

in a specific profession or discipline.

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

are:

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

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

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

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

4. To promote work experiences which develop the child's orientation to the world of
work and creativity and prepare himself to engage in honest and gainful work.

Section 22. Objectives of Secondary Education. - The objectives of secondary education are:

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

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

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

1. To provide a general education program that will promote national identity, cultural
consciousness, moral integrity and spiritual vigor;

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

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

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

29
 CHAPTER 2

Non-Education and Specialized Educational Services

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

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

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

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

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

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

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

The objectives of non-formal education are as follows:

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

b. To provide unemployed and underemployed youth and adults with appropriate

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

c. To develop among the clientele of non-formal education proper values and attitudes
necessary for personal, community and national development.

CHAPTER 3

Establishment of Schools

Section 25. Establishment of Schools - All schools shall be established in accordance with
law. The establishment of new national schools and the conversion of existing schools from
elementary to national secondary or tertiary schools shall be by law: Provided, That any
private school proposed to be established must incorporate as an non-stock educational
corporation in accordance with the provisions of the Corporation Code of the Philippines.

This requirement to incorporate may be waived in the case of family-administered pre-school

institutions.

Government assistance to such schools for educational programs shall be used exclusively
for that purpose.
30
Section 26. Definition of Terms - The terms used in this Chapter are defined as follows:

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

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

government.

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

individuals or groups.

Section 27. Recognition of Schools - The educational operations of schools shall be subject
to their prior authorization of the government, and shall be affected by recognition. In the
case of government operated schools, whether local, regional, or national, recognition of
educational programs and/or operations shall be deemed granted simultaneously with
establishment.

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

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

recognition to a school shall have the following effects:

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

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

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

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

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

Section 29. Voluntary Accreditation - The Ministry shall encourage programs of voluntary
accreditation for institution which desire to meet standards of quality over and above
minimum required for State recognition.

CHAPTER 4

Internal Organization of Schools

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

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

31
Section 31. Governing Board - Every government college or university as a tertiary
institution and every private school shall have a governing board pursuant to its charter or
the Corporation Code of the Philippines, as the case may be.

Section 32. Personnel Transactions - The terms and conditions of employment of personnel
in government schools shall be governed by the Civil Service, budgetary and compensation
laws and rules.

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

CHAPTER 5

School Finance and Assistance

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

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

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

2. Encourage and stimulate private support to education through, inter alia, fiscal and
other assistance measures.

A. FUNDING OF REPUBLIC SCHOOLS

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

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

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

Section 37. Special Education Fund - The proceeds of the Special Education Fund accruing
to local governments shall be used exclusively for the purposes enumerated in Section 1 of
32
Republic Act No. 5447, and in accordance with rules and regulations issued by the Ministry
of Education, Culture and Sports and the Ministry of the Budget. Said proceeds shall be
considered a local fund and shall be subject to Presidential Decrees No. 477, Presidential
Decree No. 1375 and other applicable local budget laws and regulations.

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

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

may receive grants, legacies, donations and gifts for purposes allowed by existing laws.

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

B. FUNDING OF PRIVATE SCHOOLS

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

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

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

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

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

Furthermore, private schools are authorized to engage in any auxiliary enterprise to generate
income primarily to finance their educational operations and/or to reduce the need to
increase students' fees.

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

33
C. INCENTIVES TO EDUCATION

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

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

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

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

Section 49. School Dispersal Program - All gains realized from the sale, disposition or
transfer of property, real or personal, of any duly established private school, college or
university, in pursuance of a school dispersal program of the government or of the
educational institution as approved by the government, shall be considered exempt from tax
if the total proceeds of the sale are reinvested in a new or existing duly established school,
college, or university located in the dispersal site, within one (1) year from the date of such
sale, transfer or disposition; otherwise, all taxes due on the gains realized from the
transaction shall immediately become due and payable.
34
Section 50. Conversion to Educational Foundations - An educational institution may
convert itself into a non-stock, non-profit educational foundation, in accordance with the
implementing rules to be issued jointly by the Ministry of Education, Culture and Sports and
the Ministry of Finance.

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

D. ASSISTANCE TO STUDENTS

Section 51. Government Assistance to Students - The government shall provide financial
assistance to financially disadvantaged and deserving students. Such assistance may be in
the form of State scholarships, grants-in-aid, assistance from the Educational Loan Fund, or
subsidized tuition rates in State colleges and universities.

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

Section 52. Grant of Scholarship Pursuant to Existing Laws - Educational institutions shall
be encouraged to grant scholarships to students pursuant to the provisions of existing laws
and such scholarship measures as may hereafter be provided for by law.

35
 REPUBLIC ACT NO. 7798
By: Mary Grace A. Merabuna

AN ACT AMENDING SECTION 25 OF BATAS PAMBANSA BLG. 232,

OTHERWISE KNOWN AS THE “EDUCATION ACT OF 1982”

Section 1. Section 25, Chapter 3 of the Education Act of 1982 is hereby amended to read as
follows:

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

with law. The establishment of new national schools and the conversion of existing schools
from elementary to national secondary schools or from secondary to national secondary or
tertiary schools shall be by law: provided, that any private school proposed to be established
must incorporate as either a non-stock or a 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.

“Provided, that the minimum paid-up capital for stock educational institutions for those
engaged in elementary education shall not be less than One million pesos (P1,000,000.00);
not less than Two million five hundred thousand pesos (P2,500,000.00) for those offering
both elementary and secondary education; and not less than Five million pesos
(P5,000,000.00) for those offering elementary, secondary and tertiary and postgraduate
courses, except existing educational institutions organized as stock corporations which may
retain their original capitalization.

“Existing educational institutions organized as stock corporations may automatically apply

for renewal of their corporate existence when the original period is about to expire.

“Provided, finally, that stock educational institutions may be allowed only in capital-intensive
courses of study as may be determined by the Department of Education, Culture and Sports,
the Commission on Higher Education, and the Department of Science and Technology, as the
case may be.

“Any school that is established or organized as a stock corporation shall be ineligible for any
form of government subsidy, incentive or assistance, except those given to individual
students and teachers in the form of scholarships, student loans or other forms of subsidy as

36
already mandated under existing laws. Government assistance to non-stock schools for
educational programs shall be used exclusively for that purpose.

“Taxes shall not be due on donations to educational corporations.”

Section 2. The Department of Education, Culture and Sports and the Commission on Higher
Education, as the case may be, are hereby authorized to formulate within sixty (60) days
from the approval of this Act implementing rules and guidelines governing the establishment
and operation of stock educational corporations that may be organized pursuant to this Act
with particular emphasis on meeting the objectives of quality education and academic
excellence provided for by the provisions of Batas Pambansa Blg. 232, otherwise known as
the Education Act of 1982.

Section 3. All laws, rules and ordinances inconsistent with this Act are hereby repealed or
modified accordingly.

Section 4. This Act shall take effect fifteen (15) days after its publication in at least two (2)
national newspapers of general circulation.

Approved, August 25, 1994.

37
 Republic Act No. 7722
By: Rachelle P. Galang

AN ACT CREATING THE COMMISSION ON HIGHER EDUCATION,

APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Section 1. Title. – This Act shall be known as the "Higher Education Act of 1994".

Section 2. Declaration of Policy. - The State shall:

✓ Promote the rights of citizen to affordable quality education in all levels
✓ Academic freedom for continuing intellectual growth

Section 3. Creation of the Commission on Higher Education.

✓ The commission shall be independent and separate from (DECS)
✓ Its coverage shall be both public and private institutions of higher education

Section 4. Composition of the Commission. - The Commission shall be composed of five

(5) full-time members. During the transition period which begins upon approval of this Act,
the President may appoint the Secretary of Education, Culture and Sports as ex officio
chairman of the Commission for a maximum period of one (1) year. Thereafter, the President
shall appoint a Chairman of the Commission and four (4) commissioners, who shall be
holders of earned doctorate(s), who have been actively engaged in higher education for at
least ten (10) years, and must not have been candidates for elective positions in the elections
immediately preceding their appointment. They shall be academicians known for their high
degree of professionalism and integrity who have distinguished themselves as authorities in
their chosen fields of learning. The members of the Commission shall belong to different
academic specializations.
In no case shall any and all of the Commissioners appoint representatives to act on their
behalf.

Section 5. Term of Office. - The President shall appoint the:

✓ full-time chairman and the commissioners for a term of four (4) years, without
prejudice to one reappointment. The terms of the initial appointees shall be on a
staggered basis: the full-time chairman shall hold office for a term of four (4) years,
✓ the next two (2) commissioners for three (3) years,
✓ and the last two (2) commissioners for two (2) years.
The commissioners shall hold office until their successors shall have been appointed and
qualified. Should a member of the Commission fail to complete his term, his successor shall
be appointed by the President of the Philippines but only for the unexpired portion of the
term.

Section 6. Rank and Emoluments. - The chairman and the commissioners shall have the
rank of a Department Secretary and Undersecretary, respectively. They shall receive the

38
compensation and other emoluments corresponding to those of a Department Secretary and
Undersecretary, respectively, and shall be subject to the same disqualifications.

Section 7. Board of Advisers. - There shall be constituted a Board of Advisers which shall
meet with the Commission at least once a year to assist it in aligning its policies and plans
with the cultural, political and socioeconomic development needs of the nation and with the
demands of world-class scholarship.
The Board of Advisers shall be composed of the following:
a. the Secretary of Education, Culture and Sports, as chairman;
b. the Director-General of the National Economic and Development Authority, as co-
chairman;
c. the Secretary of Science and Technology;
d. the Secretary of Trade and Industry;
e. the Secretary of Labor and Employment;
f. the President of the Federation of Accrediting Associations of the Philippines (FAAP);
and
g. the President of the Fund for Assistance to Private Education (FAPE).
Two (2) additional members of the Board of Advisers may be appointed by the President upon
recommendation of the Commission.

Section 8. Powers and Functions of the Commission. -The Commission shall have the
following powers and functions:
a. formulate and recommend development plans, policies, priorities, and programs on
higher education and research;
b. formulate and recommend development plans, policies, priorities and programs on
research;
c. recommend to the executive and legislative branches, priorities and grants on
higher education and research;
d. set minimum standards for programs and institutions of higher learning
recommended by panels of experts in the field and subject to public hearing, and
enforce the same;
e. monitor and evaluate the performance of programs and institutions of higher
learning for appropriate incentives as well as the imposition of sanctions such as, but
not limited to, diminution or withdrawal of subsidy, recommendation on the
downgrading or withdrawal of accreditation, program termination or school closure;
f. identify, support and develop potential centers of excellence in program areas
needed for the development of world-class scholarship, nation building and national
development;
g. recommend to the Department of Budget and Management the budgets of public
institutions of higher learning as well as general guidelines for the use of their income;
h. rationalize programs and institutions of higher learning and set standards, policies
and guidelines for the creation of new ones as well as the conversion or elevation of
schools to institutions of higher learning, subject to budgetary limitations and the
number of institutions of higher learning in the province or region where creation,
conversion or elevation is sought to be made;
i. develop criteria for allocating additional resources such as research and program
development grants, scholarships, and other similar programs: Provided, That these

39
 shall not detract from the fiscal autonomy already enjoyed by colleges and
universities;
j. direct or redirect purposive research by institutions of higher learning to meet the
needs of agro-industrialization and development;
k. devise and implement resource development schemes;
l. administer the Higher Education Development Fund, as described in Section 10
hereunder, which will promote the purposes of higher education;
Section 9. The Secretariat. - The Commission shall organize a secretariat which shall be
headed by an executive officer, subject to the national compensation and position
classification plan. It shall:
✓ fix the secretariat’s staffing pattern,
✓ determine the duties,
✓ qualifications
✓ responsibilities and functions
✓ compensation scheme for the positions to be created upon the recommendation of the
executive officer.
The Commission shall appoint the members of the staff upon the recommendation of
the executive officer.

Section 10. The Higher Education Development Fund. -A Higher Education Development
Fund, hereinafter referred to as the Fund, is hereby established exclusively for the
strengthening of higher education in the entire country.
a. The Government’s contribution to the Fund shall be the following:
1. the amount of Five hundred million pesos (P500,000,000) as seed capital;
2. the amount of Fifty million pesos (P50,000,000) for the initial operation of the
Commission;
3. the equivalent of forty percent (40%) annual share on the total gross
collections of the travel tax;
4. the equivalent of thirty percent (30%) share of the collections from the
Professional Registration Fee; and
5. the equivalent of one percent (1%) of the gross sales of the lotto operation of
the Philippine Charity Sweepstakes Office (PCSO).
b. Starting Fiscal Year 1995 and every year thereafter, government financing
institutions identified and requested by the Commission may contribute to the Fund
an amount equivalent to not less than three percent (3%) but not more than five
percent (5%) of their unimpaired surplus realized during the immediately preceding
year.
c. The Fund shall have a private portion to be raised from donations, gifts, and other
conveyances including materials, equipment, properties and services by gratuitous
title.

Section 11. Management and Administration of the Higher Education Development

Fund. - The Fund shall be administered by the Commission. For sound and judicious
management of the Fund, the Commission shall appoint a reputable government financial
institution as portfolio manager of the Fund, subject to the following conditions.
As administrator of the Fund, the Commission shall prepare the necessary guidelines for its
use, subject to the following conditions:

40
 a. No part of the seed capital of the Fund, including earnings thereof, shall be used to
underwrite overhead expenses for administration;
b. Unless otherwise stipulated by the private donor, only earnings of private
contributions shall be used for administrative expenses;
c. The Commission shall appoint and organize a separate staff, independent
administratively and budgetarily separate from the Commission Secretariat; and
d. The Fund shall be utilized equitably according to regions and programs.

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

Section 13. Guarantee of Academic Freedom. - Nothing in this Act shall be construed as
limiting the academic freedom of universities and colleges.

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

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

Section 15. Tax Exemptions. - Any donation, contribution, bequest, and grant which may
be made to the Commission shall constitute as allowable deduction from the income of the
donor for income tax purposes and shall be exempt from donor’s tax, subject to such
conditions as provided under the National Internal Revenue Code, as amended.

Section 16. Authority. - The Commission shall exercise such authority as may be deemed
necessary within its premises or areas of operation to effectively carry out its powers and
functions and to attain its objectives:

Section 17. Appropriation. - The amount of Five hundred million pesos (P500,000,000) is
hereby authorized to be appropriated for the seed capital of the Fund. The additional amount
of Fifty million pesos (P50,000,000) is hereby authorized to be appropriated out of the funds
in the National Treasury not otherwise appropriated or out of the Philippine Amusement and
Gaming Corporation (PAGCOR) funds for the initial operation of the Commission.
The sum equivalent to the appropriations for the current year for the Bureau of Higher
Education and the degree-granting-programs of the Bureau of Technical-Vocational
Education, including those for higher and tertiary education and degree granting vocational
and technical programs of the Bureau of Technical-Vocational Education in the regional
offices, as well as parts of the budgetary items under the DECS budget that are concerned
with higher and tertiary education and degree-granting vocational and technical programs
such as those for personal services, maintenance and other operating expenses and capital
outlay, shall be transferred to the Commission.
Thereafter, the funds necessary shall be included in the General Appropriations Act.

Section 18. Transitory Provisions. - The Commission shall have the authority to appoint
its own personnel.

41
 Republic Act No. 7796
By: Rachelle P. Galang

AN ACT CREATING THE TECHNICAL EDUCATION AND SKILLS

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

ACTION 1. Title. – This Act shall be known as the “Technical Education and Skills-
Development Act of 1994” or the “TESDA Act of 1994.”

SEC. 2. Declaration of Policy. – It is hereby declared the policy of the State to provide
relevant, accessible, high quality and efficient technical education and skills development in
support of the development of high quality Filipino middle-level manpower responsive to and
in accordance with Philippine development goals and priorities.
The State shall encourage active participation of various concerned sectors, particularly
private enterprises, being direct participants in and immediate beneficiaries of a trained and
skilled workforce in providing technical education and skills development opportunities.

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

a) Promote and strengthen the quality of technical education and skills development
programs to attain international competitiveness;

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

demands for quality middle-level manpower;

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

technical knowledge base of middle-level manpower development programs;

d) Recognize and encourage the complementary roles of public and private institutions
in technical education and skills development and training systems; and

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

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

SEC. 4. Definition of Terms. – As used in this Act:

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

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

42
 c) “Technical Education” shall refer to the education process designed at post-
secondary and lower tertiary levels, officially recognized as non-degree programs aimed at
preparing technicians, para-professionals and other categories of middle-level workers by
providing them with a broad range of general education, theoretical, scientific and
technological studies, and related job skills training;

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

e) “Middle-Level Manpower” refers to those

1) who have acquired practical skills and knowledge through formal or non-
formal education and training equivalent to at least a secondary education but
preferably a post-secondary education with a corresponding degree or diploma; or
2) skilled workers who have become highly competent in their trade or craft as
attested by industry;

f) “Private Enterprises” refers to an economic system under which property of all kinds
can be privately owned and in which individuals, alone or in association with another, can
embark on a business activity. This includes industrial, agricultural, or agro-industrial
establishments engaged in the production, manufacturing, processing, repacking or
assembly of goods including service-oriented enterprises;

g) “Trainers” shall mean persons who direct the practice of skills towards immediate
improvement in some task;

h) “Trainors/trainers” shall mean persons who provide training to trainers aimed at

developing the latter’s capacities for imparting attitudes, knowledge, skills and behavior
patterns required for specific jobs, tasks, occupations or group of related occupations;

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

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

j) “Apprenticeship” training within employment with compulsory related theoretical

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

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

occupation during an established period assured by an apprenticeship agreement;

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

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

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

body and approved for apprenticeship by the Authority;

43
 n) “Learners” refer to persons hired as trainees in semi-skilled and other industrial
occupations which are non-apprenticeable. Learnership programs must be approved by the
Authority.

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

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

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

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

q) “Levy Grant System” refers to a legal contribution from participating employers who
would be beneficiaries of the program (often as a percentage of the payroll) which is
subsequently turned over or rebated to enterprises offering employee training programs.

SEC. 5. Technical Education and Skills Development Authority; Creation. – To

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

SEC. 6. Composition of the Authority. – The Authority shall be composed of the TESDA
Board and the TESDA Secretariat.

SEC. 7. Composition of the TESDA Board. – The TESDA Board shall be composed of the
following:
In addition, the President of the Philippines shall appoint the following members from
the private sector: two (2) representatives, from. the employer/industry organization, one of
whom shall be a woman; three (3) representatives, from the labor sector, one of whom shall
be a woman; and two (2) representatives of the national associations of private technical-
vocational education and training institutions, one of whom shall be a woman. As soon as all
the members of the private sector are appointed, they shall so organize themselves that the
term of office of one-third (1/3) of their number shall expire every year. The member from the
private sector appointed thereafter to fill vacancies caused by expiration of terms shall hold
office for three (3) years.
The President of the Philippines may, however, revise the membership of the TESDA
Board, whenever the President deems it necessary for the effective performance of the
Board’s functions through an administrative order.
The TESDA Board shall meet at least twice a year, or as frequently as may be deemed
necessary by its Chairperson. In the absence of the Chairperson, a Co-Chairperson shall
preside. In case any member of the Board representing the Government cannot attend the
44
meeting, he or she shall be regularly represented by an undersecretary or deputy-director
general, as the case may be, to be designated by such member for the purpose.

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

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

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

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

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

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

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

d) improved linkages between industry, labor and government shall be given priority in
the formulation of any national-level plan.
The Board, shall have the following powers:
1) promulgate, after due consultation with industry groups, trade associations,
employers, workers, policies, plans, programs and guidelines as may be necessary for
the effective implementation of this Act;
2) organize and constitute various standing committees, subsidiary groups, or
technical working groups for efficient integration, coordination and monitoring
technical education and skills development programs at the national, regional, and
local levels;
3) enter into, make, execute, perform and carry-out domestic and foreign
contracts subject to existing laws, rules and regulations;
4) restructure the entire sub-sector consisting of all institutions and programs
involved in the promotion and development of middle-level manpower through
upgrading, merger and/or phase-out following a user-led strategy;
5) approve trade skills standards and trade tests as established and conducted
by private industries;
6) establish and administer a system of accreditation of both public and private
institutions;
7) establish, develop and support institutions’ trainors’ training and/or
programs;
8) end support and encourage increasing utilization of the dual training system
as provided for by Republic Act No. 7686;
9) exact reasonable fees and charges for such tests and trainings conducted
and retain such earnings for its own use, subject to guidelines promulgated by the
Authority;
45
 10) Allocate resources, based on the Secretariat’s recommendations, for the
programs and projects it shall undertake pursuant to approved National Technical
Education and Skills Development Plan;
11) determine and approve systematic funding schemes such as the Levy and
Grant scheme for technical education and skills development purposes;
12) create, when deemed necessary, an Advisory Committees which shall
provide expert and technical advice to the Board to be chosen from the academe and
the private sector: Provided, That in case the Advisory Committee is created, the
Board is hereby authorized to set aside a portion of its appropriation for its operation;
and
13) perform such other duties and functions necessary to carry out the
provisions of this Act consistent with the purposes of the creation of TESDA.

SEC. 9. Power to Review and Recommend Action. – The Authority shall review and
recommend action to concerned authorities on proposed technical assistance programs and
grants-in-aid for technical education or skills development, or both, including those which
may be entered into between the Government of the Philippines and other nations, including
international and foreign organizations, both here and abroad.

SEC. 10. The TESDA Secretariat. – There is hereby created a Technical Education and
Skills Development Authority Secretariat which shall have the following functions and
responsibilities:

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

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

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

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

c) to recommend measures, and implement the same upon approval by the Authority
for the effective and efficient implementation of the national technical education and skills
development plan;

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

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

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

f) to prepare for approval by the Authority an annual report to the President on

technical education and skills development;

46
 g) to implement and administer the apprenticeship program as provided for in Section
18 of this Act;

h) to prepare and implement upon approval by the Authority a program for the
training of trainers, supervisors, planners and managers as provided for in Section 23 of this
Act;

i) to enter into agreement to implement approved plans and programs and perform
activities as shall implement the declared policy of this Act; and

j) to perform such other functions and duties as may be assigned by the Board.

SEC-11. Director-General. – The TESDA Secretariat shall be headed by a Director-General,

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

SEC. 12. Deputy Directors-General. -The Director-General shall be assisted by two (2)
Deputy Directors-General to be appointed by the President of the Philippines on
recommendation of the TESDA Board. One to be responsible for Vocational and Technical
Education and Training and one to be responsible for Policies and Planning.
The Deputy Directors-General shall enjoy the benefits, privileges and emoluments equivalent
to the rank of Assistant Secretary.

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

SEC. 14. Structural Organization and Personnel. – The TESDA Secretariat, in addition to
the offices of the Director-General, Deputy Director-General and Chief of Services for
Administration shall be composed of the following offices to be headed by an Executive
Director to be appointed by the Director-General and shall have the rank and emoluments of
Director IV

a) Planning Office (PO) – The Planning Office shall be under the Office of the Deputy
Director-General and shall have the following functions:
1) to design and establish planning processes and methodologies which will
particularly enhance the efficiency of resource allocation decisions within the technical
education and skills development sector;
2) to lead in the preparation and periodic updating of a national” plan for
technical education and skills development which shall become the basis for resource
allocation decisions within the sector;
3) to conduct researches, studies and develop information systems for effective
and efficient planning and policymaking within the sector;
4) to develop and implement programs and projects aimed at building up
planning capabilities of various institutions within the sector; and
47
 5) to perform such other powers and functions as maybe authorized by the
Authority.

b) Skills Standards and Certification Office (SSCO). – The Skills Standards and
Certification Office shall be under the office of the Deputy Director-General and shall have
the following functions:
1) to develop and establish a national system of skills standardization, testing
and certification in the country;
2) to design, innovate and adopt processes and methodologies whereby industry
groups and workers’ guilds take note on progressively the responsibility of setting
skills standards for identified occupational areas, and the local government units
actively participate in promoting skills standards, testing and certification;
3) to establish and implement a system of accrediting private enterprises,
workers’ associations and guilds and public institutions to serve as skills testing
venues;
4) to conduct research and development on various occupational areas in order
to recommend policies, rules and regulations for effective and efficient skills
standardization, testing and certification system in the country; and
5) to perform such other duties and functions as may be authorized.

c) National Institute for Technical Vocational and Education Training (NITVET). – The
National Institute for Technical Vocational and Education Training to be under the office of
the Deputy Director-General and shall have the following functions:
1) to serve as the research and development arm of the government in the field
of technical-vocational education and training;
2) to develop curricula and program standards for various technical-vocational
education and training areas;
3) to develop and implement and integrated program for continuing
development of trainors, teachers and instructors within the technical education and
skills development sector;
4) to develop programs and projects which will build up institutional
capabilities within the sector; and
5) to perform such other powers and functions as may be authorized.

d) Office of Formal Technical Vocational Education and Training (OFFVET). The Office
of Formal Technical Vocational Education and Training to be under the office of the Deputy
Director-General and shall have the following functions:
1) to provide policies, measures and guidelines for effective and efficient
administration of formal technical-vocational education and training programs
implemented by various institutions in the country;
2) to establish and maintain a system for accrediting, coordinating, integrating,
monitoring and evaluating the different formal technical-vocational education and
training programs vis-a-vis the approved national technical education and skills
development plan;
3) to establish and maintain a network of institutions engaged in
institutionalized technical-vocational education and training, particularly with local
government units; and
4) to perform such other duties and functions as maybe authorized.
48
 e) Office of the Non-Formal Technical-Vocational Education and Training (ONFTVET). –
The Office of the Non-Formal Technical-Vocational Education and Training to be under the
Office of the Deputy Director-General and shall have the following functions:
1) to provide direction, policies and guidelines for effective implementation of
non-formal community-based technical-vocational education and training;
2) to accredit, coordinate, monitor and evaluate various non-formal technical-
vocational education and training programs implemented by various institutions
particularly, by local government units;
3) to establish and maintain a network of institutions including local
government units, non-government organizations implementing non-formal,
community-based technical-vocational education and training;
4) to perform such other powers and functions as may be authorized.

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

Office of the Deputy Director-General and shall have the following functions:
1) to provide direction, policies and guidelines on the implementation of the
Apprenticeship system;
2) to accredit, coordinate, monitor and evaluate all apprenticeship schemes and
program implemented by various institutions and enterprises;
3) to establish a network of institutions and enterprises conducting
apprenticeship schemes and programs;
4) to perform such other powers and functions as may be authorized.

g) Regional TESDA Offices. – The Regional TESDA Offices shall be headed by Regional
Directors with the rank and emoluments of Director IV to be appointed by the President.
The Regional TESDA Offices shall be under the direct control of the Director-General
and shall have the following functions:
1) to serve as Secretariat to Regional Technical Education Skills Development
(TESDA) Committees;
2) to provide effective supervision, coordination and integration of technical
education and skills development programs, projects and related activities in their
respective jurisdiction;
3) to develop and recommend TESDA programs for regional and local-level
implementation within the policies set by the Authority;
4) to perform such other duties and functions as may be deemed necessary.

SEC. 15. The Provincial TESDA Offices. – The Provincial Offices shall be headed by Skill
Development Officers who shall have the rank and emoluments of a Director III.
The Provincial TESDA Offices shall be under the direct control of the Director-General and
shall have the following functions:
1) to serve as Secretariat to Provincial TESDA Committees;
2) to provide technical assistance particularly to local government units for effective
supervision, coordination, integration and monitoring of technical-vocational education and
training programs within their localities;
3) to review and recommend TESDA programs for implementation within their
localities; and
4) to perform such other duties and functions as maybe authorized.
49
Furthermore, the TESDA Secretariat may be further composed by such offices as may be
deemed necessary by the Authority. The Director-General shall appoint such personnel
necessary to carry out the objectives, polices and functions of the Authority subject to Civil
Service laws, rules and regulations.

SEC. 16. Compliance with the Salaries Standardization Law. –The compensation and
emoluments of the officials and employees of the Authority shall be in accordance with the
salary standardization law and other applicable laws under the national compensation and
classification plan.

SEC. 17. Consultants and Technical Assistance, Publication and Research. – In

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

SEC. 18. Transfer of the Apprenticeship Program. – The Apprenticeship Program of the
Bureau of Local Employment of the Department of Labor and Employment shall be
transferred to the Authority which shall implement and administer said program in
accordance with existing laws, rules and regulations.

SEC. 19. Technical Education and Skills Development Committees. – The Authority
shall establish Technical Education and Skills Development Committees at the regional and
local levels to coordinate and monitor the delivery of all skills development activities by the
public and private sectors, These committees shall likewise serve as the Technical Education
and Skills Development Committees of the Regional and local development councils. The
composition of the Technical Education and Skills Development Committees shall be
determined by the Director-General subject to the guidelines to be promulgated by the
Authority.

SEC. 20. Skills Development Centers. – The Authority shall strengthen the network of
national, regional and local skills training centers for the purpose of promoting skills
development.
This network shall include skills training centers in vocational and technical schools,
technical institutes, polytechnic colleges, and all other duly accredited public and private
dual system educational institutions. The technical education and skills development centers
shall be administered and operated under such rules and regulations as may be established
by the Authority in accordance with the National Technical Education and Skills
Development Plan.

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

Manpower. – The Authority shall formulate a comprehensive development plan for middle-
level manpower based on a national employment plan or policies for the optimum allocation,
development and utilization of skilled workers for employment entrepreneurship and
technology development for economic and social growth. This plan shall, after adoption by
the Authority, be updated periodically and submitted to the President of the Philippines for
approval. Thereafter, it shall be the plan for technical education and skills development for
the entire country within the framework of the National Development Plan. The Authority
50
shall direct the TESDA Secretariat to call on its member-agencies, the private sector and the
academe to assist in this effort.
The comprehensive plan shall provide for a reformed industry-based training program
including apprenticeship, dual training system and other similar schemes intended to:

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

b) improve the quality and relevance and social accountability of technical education
and skills development;

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

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

All government and non-government agencies receiving financial and technical

assistance from the government shall be required to formulate their respective annual agency
technical education and skills development plan in line with the national technical education
and skills development plan. The budget to support such plans shall be subject to review and
endorsement by the Authority to the Department of Budget and Management.
The Authority shall evaluate the efficiency and effectiveness of agencies skills
development program and schemes to make them conform with the quantitative and
qualitative objectives of the national technical education and skills development plan.

SEC. 22. Establishment and Administration of National Trade Skills Standards. -

There shall be national occupational skills standards to be established by TESDA-accredited
industry committees. The Authority shall develop and implement a certification and
accreditation program in which private industry groups and trade associations are accredited
to conduct approved trade tests, and the local government units to promote such trade
testing activities in their respective areas in accordance with the guidelines to be set by the
Authority.
The Secretary of Labor and Employment shall determine the occupational trades for
mandatory certification.
All certificates relating to the national trade skills testing and certification system shall
be issued by the Authority through the TESD A Secretariat.

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

SEC. 24. Assistance to Employers and Organizations. – The Authority shall assist any
employer or organization engaged in skills training schemes designed to attain its objectives
under rules and regulations which the Authority shall establish for this purpose.

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

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

SEC. 27. Incentives Schemes. – The Authority shall develop and administer appropriate
incentive schemes to encourage government and private industries and institutions to
provide high-quality technical education and skills development opportunities.

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

SEC. 29. Devolution of TESDA’s Training Function to Local Governments. – In

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

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

SEC. 31. The TESDA Development Fund. – A TESDA Development Fund is hereby
established, to be managed/ administered by the Authority, the income from which shall be
utilized exclusively in awarding of grants and providing Assistance to training institutions,
industries, local government units for upgrading their capabilities and to develop and
implement training and training-related activities. The contribution to the fund shall be the
following:

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

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

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

d.) any other income generated by the Authority.

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

SEC. 32. Scholarship Grants. – The Authority shall adopt a system of allocation and
funding of scholarship grants which shall be responsive to the technical education and skills
development needs of the different regions in the country.

SEC. 33. TESDA Budget. – The amount necessary to finance the initial implementation of
this Act shall be charged against the existing appropriations of the NMYC and the BTVE.
Thereafter, such funds as may be necessary for the continued implementation of this Act
shall be included in the annual General Appropriations Act.

SEC. 34. Transitory Provisions. –

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

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

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

d) Within one (1) year after the organization of the Authority, the Board shall
commission an expert group on funding schemes for the TESDA Development Fund, as
provided in Section 31, the results of which shall be used as the basis for appropriate action
by the Board.

e) The personnel of the existing National Manpower and Youth Council (NMYC) of the
Department of Labor and Employment and the Bureau of Technical and Vocational
Education (BTVE) of the Department of Education, Culture and Sports, shall, in a holdover
capacity, continue to perform their respective duties and responsibilities and receive their
corresponding salaries and benefits until such time when the organizational structure and
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staffing pattern of the Authority shall have been approved by the Board: Provided, That the
preparation and approval of the said new organizational structure and staffing pattern shall,
as far as practicable, respect and ensure the security of tenure and seniority rights of
affected government employees.

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

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

SEC. 36. Implementing Rules and Guidelines. – The TESDA Board shall issue, within a
period of ninety (90) days after the effectivity of this Act, the rules and regulations for the
effective implementation of this Act.
The TESDA Board shall submit to the Committees on Education, Arts and Culture of both
Houses of Congress copies of the implementing rules and guidelines within thirty (30) days
after its promulgation.
Any violation of this Section shall render the official/s concerned liable under R. A. No. 6713,
otherwise known as the “Code of Conduct and Ethical Standards for Public Officials and
Employees” and other existing administrative and/or criminal laws.

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

SEC. 38. Separability Clause. – If any provision of this Act is declared unconstitutional,
the same shall not affect the validity and effectivity of the other provisions hereof.

SEC. 39. Effectivity. – This Act shall take effect fifteen (15) days after its complete
publication in two (2) newspapers of general circulation.

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 Creation of DepEd
By: Maria Rosalinda A. Dela Cruz

THE ORGANIZATIONAL STRUCTURE OF PHILIPPINE EDUCATION

Department of Education (RA 9155), Dep Ed Set Up, Educational Delivery Programs
and Services, Recent Development in Education.

“Education is not about teaching people what they do not know. It means teaching
them to behave as they should… It is a painful, continued process to be accomplished with
kindness, by precept and praise and above all.

EDUCATION

Also called learning, teaching or schooling in the general sense is any act or
experience that has a formative effect on the mind, character, or physical ability of an
individual. In its technical sense, education is the process by which society deliberately
transmits its accumulated knowledge, skills, and values from one generation to another.

Etymologically, the word education is derived from Latin educatio (“a breeding a
bringing up, a rearing) from educo (“I educate, I train”) which is related to the homonym
educo (“I lead forth, I take out, I raise up, I erect”) from e- (“form, out of”) and duco (“I lead, I
conduct)

PHILIPPINE EDUCATION IN DIFFERENT ERA

SPANISH ERA
➢ Formal
➢ Focused on Christian Doctrines and religious education
➢ Separate school for boys and girls
➢ Only wealthy Filipinos where accommodated in schools
➢ Missionaries replaced their tribal tutors
➢ Schools taught reading and writing along with catechism
➢ Promulgation of Education Degree of 1863

AMERICAN ERA
➢ New schools were established
➢ English was the medium of instruction
➢ Established the public school system in 1901 (Act No. 74)
➢ Thomasites
➢ Started training teaching in Normal School
➢ Established elementary schools with 4 primary grades and 3 intermediate grades

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JAPANESE ERA
➢ Most schools were damaged during World War II
➢ Filipinos are forced to learn nippongo and refrained from learning the English
Language
➢ Spread elementary and vocational education
➢ Develop love for work
Post-war Era
➢ Re-establishment of public school system
➢ Department of instruction was renamed Department education
➢ Later became the Ministry of Education, Culture and Sports
➢ Bilingual education was established in 1974

RA 9155 – GOVERNMENT OF BASIC EDUCATION ACT OF 2001

GOVERNANCE OF BASIC EDUCATION ACT OF 2001

A bill transforming the name of the Department of Education, Culture and Sp morts,
(DECS) to the Department of Education (DepEd) and redefining the role of field offices
(regional offices, division offices, district offices and schools)

Implement Rules and Regulation

Mandate

Department of Education shall protect and promote the right of all citizens to qualify
basic education and shall take appropriate steps to make such education accessible to all.

It shall establish, maintain, and support a complete, adequate and integrated system
basic education relevant to the needs of the people and society.

It shall establish and maintain a system of free and compulsory public education in
the elementary level and free public education in high school level.

Principles
✓ The department of education must serve the students and teachers, its primary
constituents;

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 ✓ The principals, school administrator and teachers-in-charge must exercise
instructional leadership and sound administrative management of the school;
✓ The school is the heart of the formal education system
✓ The parents and the community shall be encouraged for active involvement
✓ Volunteerism from among all sectors shall be emphasized and encouraged

Powers, Duties and Functions of the Secretary

The secretary of the department of education shall exercise overall authority and
supervision over the operations of the department.

The regional director

There shall be as many regional offices as many be provided by law. Each regional
office shall have a director, an assistant director and office staff for programs promotion and
support, planning, administrative, legal and fiscal services.

The Schools’ Division Superintendent

A division shall consist of a province or city which shall have a schools’ division
superintendent. There shall be at least one assistant schools’ division superintendent and
office staff for programs promotion, planning, administrative, fiscal, legal, ancillary and other
support services.

School District Supervisor

A school district shall have a school district supervisor and office staff for program
promotion. The schools district supervisor shall primarily perform staff functions and shall
not exercise administrative supervision over school principal unless specifically authorized by
the proper authorities.

There shall be a school head for all public elementary schools and public high schools
or a cluster thereof. The establishment of integrated school from existing public elementary
and public high schools shall be encouraged, subject to the guide lines that will be issued for
purposed by the secretary of education.

Authority, Accountability and Responsibility of the School Head

• Setting the mission, vision, goals and objectives of the schools;
• Creating an environment within the school that is conductive to teaching and learning;
• Implementing, monitoring and assessing the school curriculum and being accountable
for higher learning outcomes;
• Developing the school education programs and school improvement plan
• Offering educational programs, and services which provided equitable opportunities
for all learners in the community
• Introducing new and innovative modes of instruction to achieve higher learning
outcome
• Administering and managing all personnel, physical and fiscal resources of the school;

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 • Recommending the staffing complement of the school based on its needs;
• Encouraging and enhancing staff development;
• Establishing school and community networks and encouraging the active participation
of teacher organizations, non- academic personnel of public schools, and parents-
teachers-community association;
• Accepting donation gifts, bequests and grants in accordance with existing laws and
policy of the department for purpose of upgrading teachers/learning facilitator’s
competencies, improving and expanding school facilities and providing instructional
materials and equipment. Such donations or grants must be reported to the division
superintendents; and
• Performing such other functions as may be assigned by the Secretary, Regional
director and Schools division superintendents where they belong

THE DEPED SET UP

Legal basis

• Educational decree of 1863 (December 20, 1863) as amended, established the

Department of Education, Culture and Sports (DECS) as the Superior Commission of
Primary instruction under a Chairman

• Act No 74 (January 21, 1901) transformed the Commission into the Department of
Instruction under a General Superintendent (until 1961) a secretary (until 1994)

• Executive order No 94 (October 1947) Reorganization Act No 1947, established the

Department of Education from the Common wealth- renamed Department Instruction

• Presidential Decree No 1397 (June 2, 1978) transformed the Department of

Education and Culture established under Proclamation No 1081 (s. 1972) into the
Ministry of Education and Culture (MEC) which the Education Act of 1982 reorganized
to Ministry of Education, Culture and Sports (MECS)

• Executive order No 117 (January 30, 1987) reorganized the MECS into the
Department of Education, Culture and Sports (DECS)

• Republic Act No 7722 (May 18, 1994) and Republic Act No 7796 (August 23, 1994)
created the Commission on Higher Education (CHED) and the Technical Education
and skills Development Authority (TESDA) respectively, giving rise to trifocalized
education system which refocused DECS’ mandate to basic education covering pre-
school, elementary and secondary and non-formal education

• Republic Act No 9155 (August 11, 2001), otherwise known as Governance of Basic
Education Act of 2001, renamed DECS’ to the Department of Education (DepEd),
redefined its role and that of field offices, and reiterated the goal of basic education

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In the Philippines the Education system aims to:

• Provide a broad general education that will assist each individuals in the society to
attain his/her potential as human being, and enhance the range and quality of the
individual and the group;
• Help the individual participate in the basic functions of the society and acquire the
essentials educational foundation for his/her development into a productive and
versatile citizen;

• Train the nation’s man power in the middle-level-skills required for national
development;

• Develop the high-level professions that will provide leadership for the nation, advance
knowledge for improving the quality of human life;

• Respond effectively to changing needs and conditions through a system of educational

planning and evaluation

Educational System in Philippines

The education system of the country includes formal and non-formal education.
Compared to other Asian Countries, the Philippine education system differs in a number of
ways. Basic education in the Philippines in only 10 years as against 12 in other countries.

Formal Education

Filipino children may enter public school at about age four, starting from nursery up
to kindergarten. At about seven years of age children enter elementary school for six or
seven years. This followed by secondary schools, also called as high school, for four years.
Students may then sit for College Entrance Examinations (CEE), after which they may enter
tertiary institutions for three to five years.

Pre-school Education

Pre-school education at the kindergarten level must aim to develop children in all
aspects (physical, social, emotional, and cognitive) so that they will be better prepared to
adjust and cope with life situations and the demands of formal schooling; and to maximize
the children’s potential through a variety of carefully selected and meaningful experiences
considering their interest and capabilities.

Primary Education

Primary school in the Philippines more commonly known as “elementary school”

(Filipino: paaralang elementarya, sometimes mahabang paaralan) consist of six level, with
some schools adding an additional level (level 7). The levels are grouped into primary
subdivisions: primary-level, which includes the first three levels, and intermediate-level
which includes the last three or four levels.

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Special Education

Special education develops the capabilities of children who are physically, mentally,
emotionally, socially or culturally disabled as well gifted children. Children with special needs
are being attended to through modified curricula, special services and physical facilities for
them to maximum development of their potential

Non formal Education

At the turn of the century, major changes in the field of Non-formal education in the
Philippines occurred such as the change in the concept, the approach, the focus, and the
outcomes. Consequently, various programs evolved as did problems and issues related to
these reforms in Non-formal education.

RECENT DEVELOPMENT IN EDUCATION

K-12 PROGRAM

The Enhanced K+12 Basic Education Program in the Philippines has been officially
started. It has been initiated by the Aquino administration where students will have to
undergo a new system education.

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 Creation Of CHED
By: Maria Rosalinda Dela Cruz

The commission on higher education (CHED)

It was created on May 18, 1994 through passage of the Republic Act No. 7722 or
the Higher Education Act of 1994. CHED, an attached agency to the Office of the President
for administrative purposes, is headed by a chairman and commissioners, each having a
term of office for four years. The Commission En Banc acts a collegial body in formulating
plans, policies and strategies relating to higher education and the operation of CHED. The
creation of CHED was a part of a broad agenda on the country’s education system outlined
by the Congressional Commission on Education (EDCOM) in 1992. Part of the reform was
the tri-focalization of the education sector in three governing bodies: CHED for tertiary and
graduate education, the Dep.Ed for basic education and the TESDA for technical-vocational
and middle-level education.

VISION

The Commission on Higher Education (CHED) is the key leader of the Philippine
Higher Education System effectively working in partnership with other major higher
education stakeholders in building the country’s human capital and innovation capacity
towards the development of a Filipino Nation as a responsible member of the International
community.

MANDATE

Promote relevant and quality higher education (i.e. higher education institutions and
programs are at par with international standards and graduates and professionals are highly
competent and recognized in the international arena);

Ensure that quality higher education is accessible all who seek it particularly those
who may not be able to afford it,

Guarantee and protect academic freedom for continuing intellectual growth,

advancement of learning and research development of responsible and effective leadership,
education of high level professionals, and enrichment of historical and cultural heritages;
and commit to moral ascendancy that eradicates corrupt practices, institutionalizes
transparency and accountability and encourages participatory governance in the
Commission and the sub-sector.

OBJECTIVES

The overall societal goal is the attainment if inclusive growth and sustainable
development while higher education sub-sector goals are:

61
-----the formation of the high-level human resource, and generation adaption

-----and transfer of knowledge and technology national development and global

competitiveness.

Specifically, CHED aim to achieve the following objectives in the next five years
improve the relevance of the higher education institutions (HEls), programs, systems, and
research to respond to the thrust of the Philippine Development Plan (PDP), 2011- 2016
upgrade the quality of higher education institutions, programs and systems in the country
towards achieving international standards broaden access to quality higher education of
those who seek it; efficiently and effectively manage the higher education system ensuring
transparency and integrity in its programs and activities as its commitment to moral
ascendancy; and strengthen the Commission on Higher Education and other major
stakeholders.

POWER AND FUNCTIONS

• Formulate and recommend development plans, policies, priorities, and programs on

higher education

• Formulate and recommend developments plant, priorities and programs on research

• Recommend to the executive and legislative branches priorities and grants higher
educations and research;

• Set minimum standards for programs and institutions of learning recommended by

panels of experts in the field and subject to public hearing, and enforced the same;

• Monitor and evaluate the performance of programs and institutions on higher learning
for appropriate incentives as well as the imposition of sanctions such as, but not
limited to, diminution or withdrawal of subsidy, recommendation on the downgrading or
withdrawal of accreditation program termination or school course;

Identify, support and develop potential centers of excellence In program areas needed
for the development of the world-class scholarship, nation building and national
development;

• Recommend to the Department of Budget and Management (DBM) the budgets of

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

• Rationalize programs and institutions of higher learning and set standards, policies
and guidelines for the creation of new ones as well as conversion or elevation of schools to
institutions of higher learning in the province or region where creation, conversion or
elevation is sought to be made;

• Develop criteria for allocating additional resources such as research and programs
development grants, scholarship, and the other similar programs: Provided, that these shall
not detract from the fiscal autonomy already enjoyed by colleges and universities;

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 Direct or redirect purposive research by institutions of higher learning to meet the
needs of agro-industrialization and development

• Devise and implement resources development schemes;

• Administer the Higher Education Development Fund, as described in Section 10 of R.A

.7722, which will promote the purposes of higher education

• Review the charters of institutions of higher learning and state universities and
colleges including the chairmanship and membership of their governing bodies and
recommend appropriate measures as basis for necessary action;

• Promulgate such rules and regulations and exercise such other powers and functions
as may be necessary to carry out effectively the purpose and objectives of R.A. 7722; and

• Perform such other functions as may be necessary for its effective operations and for
the continued enhancement growth and development of higher education

INFORMATION ON HIGHER EDUCATION SYSTEM

CHED is responsible in the formulation and implementation of policies, plans and

programs for development and efficient operation of the higher education system in the
country. The delivery of higher education in the Philippines is provided private and public
higher education institutions (HEIs). Geographically, there are 2,247 HEIs in the country

• Private Higher Education Institutions

➢ Established under the Corporation Code.

➢ governed by the special laws and general provisions of this Code.
➢ covered by the policies, standards and guidelines set by CHED in terms of program
offering, curriculum, administration and faculty academic qualifications.

• Public Higher Education Institutions

States Universities and Colleges (SUCs)

➢ Chatered public higher education institutions established by law

➢ Administered and financially subsidized by the government
➢ Have their own charters
➢ Board of Regents (BOR) for the state universities
➢ Board of Trustees (BOT) for state colleges

(BOR and BOT maintain the formulation and approval of policies, rules and standard
in SUC’s)

• Local Universities and Colleges (LUC’s)

➢ Established by the local government through resolutions or coordinates

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 ➢ Financially supported by the local government concenred

• CHED Supervised Institution (CSI)

➢ Non-chatered public post-secondary education established law administered

supervised and financially supported by government

• Other Government Schools (OGS)

➢ Public secondary and post education institutions

➢ Other technical-vocational education institutions that offer higher education
institution that offer higher educations programs

• Special HEI’s

➢ Directly under the government agency stipulated in the law that created them

➢ Provide specialized specialized training such as military science and national defense

COMMISSION ON HIGHER EDUCATION ACTIVITIES, PROJECTS AND PROGRAMS

Rationalization of HEIs and Programs within a moratorium period on the opening new
programs especially in oversubscribed diciplines. The objectives is to lay the foundation for a
more efficient and effective system in delivering quality public higher education provision.
The project components of the program include the following;

ALIGNING HEI PROGRAMS WITH NATIONAL DEVELOPMENT GOALS;

• Job a Skill matching Project

In order to produce highly competent and competitive graduates, HEI’s are encouraged
to offer programs that are in demand and responsive to the need of industry, both domestic
and international the Job-skills matching project includes formulation of master plans for
priority disiciplines; review of curricula to make them fit the needs of industries;
establishment of labor, market information system (LMIS) to provided up to date information
on jobs that are in demand and hard to fill, to guide both students and parents in choosing
courses; identification of areas of mismatch and implementation of strategies to address such
as mismatches; massive information dissemination on employment oppurtunities

RELEVANT AND RESPONSIVE RESEARCH, DEVELOPMENT AND EXTENSION (RDE)

Under this program, CHED supports the conduct of RDE aimed at generating,
adapting and transferring or applying new , knowledge and technologies for improving
productivity and livelihood, promoting peace, empowering women, protecting the
environment, reducing disaster devastation, and allevitating poverty

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 TYPOLOGY AND MAPPING OF HEIS AND PROGRAMS

A system of classifying HEIs is being designed based on their mandates and functions
vis-à-vis national development goals. This typology will be harmonized with quality assurance
criteria to allow HEIs to focus and excel within their respective classifications and be
recognized for such excellence. A GIS-based map of HEIs and programs distribution in the
county. The map will provide information on the current status of program offerings
including quality, cost , and marketability, It will be used to match the program offerings
with demand or thrusts at the national and regional levels.

The outputs of this project will also be used as basis for phasing out oversubscribed
programs and for promoting under described but relevant programs.

AMALGAMATION OF HEIS AND PROGRAMS

The objective of this program is to restructure the higher education system specifically
the public component consisting of SUCs/Local Universities and Colleges (LUCs), and other
government schools to improve efficiency in the deliver y of quality programs, minimize
duplication and promote complementation between.

And among public and private HEIs. The restructuring could be achieved party
through amalgamation of SUCs into Regional University System (RUS) and development of
specialized institutions . The project shall provide assistance in the initial implementation of
the RUS in a selected region, including joint research and extension, academic program
complementation , and infrastructure improvement for the SUCs involved.

QUALITY AND STANDARDS

• Quality Assurance Projects

These projects include the setting and enforcement of Policies, Standards and
Guidelines (PSG s) for academic programs , monitoring of compliance and phase out
/closure of non –compliant programs institutional Quality Assurance Monitoring and
Evaluation ( IQuAME ) and accreditation

• Policies Standards and Guidelines (PSG) formulation and enforcement

In order to ensure that Philippine higher education programs are comparable to

international standards, CHED periodically conducts international benchmarking, reviews
and updates the PSGs for academic program offerings. These internationally benchmarked
PSGs, set the minimum quality standards and requirements that HEIs have to comply with
before they are given permits to operate such academic programs and recognition to award
degrees to their students. In the case of SUCs, the Commissioners who sit as chairpersons
of their Boards ensure that the SUCs program offerings meet the set standards

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 • Quality Assurance Projects

These projects include the setting and enforcement of Policies, Standards and
Guidelines (PSG s) for academic programs , monitoring of compliance and phase out
/closure of non –compliant programs institutional Quality Assurance Monitoring and
Evaluation ( IQuAME) and accreditation

• Policies Standards and Guidelines (PSG) formulation and enforcement

In order to ensure that Philippine higher education programs are comparable to

international standards, CHED periodically conducts international benchmarking, reviews
and updates the PSGs for academic program offerings. These internationally benchmarked
PSGs, set the minimum quality standards and requirements that HEIs have to comply with
before they are given permits to operate such academic programs and recognition to award
degrees to their students. In the case of SUCs, the Commissioners who sit as chairpersons
of their Boards ensure that the SUCs program offerings meet the set standards

PROGRAM MONITORING; CLOSURE /PHASE OUT OF NON –COMPLIANT PROGRAMS

On-going authorized programs are regularly monitored and those found to be non-
compliant are ordered for immediate closure or phase out. Maritime HEIs are monitored and
evaluated to determined compliance with Standard Training Certification and Watch keeping
(STCW)

• Institutional Quality Assurance Monitoring and Evaluation (IQuAME)

In addition to program monitoring and evaluation , HEIs are monitored through

IQuAME. This is mechanism for monitoring and evaluation of outcomes of the programs
processes and services of higher education institutions in the key area of quality of teaching
and learning as supported by the governance and management , students services, relation
with community , and management resouces

• Accreditation

HEIs with program that attain standards above the minimum are encouraged and
assisted to have their programs evaluated by private accreditors or recognized body ,leading
to the issuance of a certificate status

• Compliance with International Standards

This involve s participation in international /regional networks and cross-border

collaborations, and initiatives towards recognition of HEIs/ programs by international
entities like the Washing Accord

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 QUALITY DEVELOPMENTS PROJECTS

• Faculty Development (FacDev)

➢ This program provides scholarship to upgrade the academic qualifications of HEIs

faculty (private and public) to master and doctorate degree levels and training for
continuing Professional Education (CPE). It is expected that through the FDP and
CPE, the improved qualifications and teaching methods will contribute directly to
better student learning which in turn would translate into higher passing rates in
professional licensure examinations and greater productivity of graduates

• HEI Management Development Program

This program aim to create awareness of the relationship between the quality of
senior/middle-level management and the quality of HEIs performance . It gives
senior/middle-level managers appropriate incentives and opportunities to access high-quality
and relevant management development programs to strengthen their capacity as leaders of
both public and private HEIs

HEI MANAGEMENT DEVELOPMENT PROGRAM

This program aim to create awareness of the relationship between the quality of
senior/middle-level management and the quality of HEIs performance . It gives
senior/middle-level managers appropriate incentives and opportunities to access high-quality
and relevant management development programs to strengthen their capacity as leaders of
both public and private HEIs

• Establishment of Research & Development (R&D) Centers

The R&D Centers are mobilized to help CHED in promoting higher education research
and bringing closer the assistance necessary to strengthen research and development
functions of HEIs. These centers are also tapped to enhance the research productivity of the
HEIs in terms of intellectual property generation

• Contributions to K-12

These include: CHED’s provision of technical assistance to the K-12 interagency body;
formulation of standards for contents/methods of Grade 11 and 12; and policy and program
inputs to Teacher Education COEs/CODs in improving preservice and in service
education of basic education teachers and managers

• Participation in International and Regional Networking

CHED in according with the Department of foreign Affairs strengthens international

cooperation by joining international and regional bodies/ networks negotiating and
facilitating bilateral/multilateral agreements on academic cooperation and linkages of local
HEIs with their counterparts in other countries as well as with international organization

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 ❖ Journal Accreditation Services (JAS)

➢ is a mechanism through which a national standard for peer review and journal
refereeing system can be implemented uniformly for all research journal published by
institutions and professional organizations involved in higher education
➢ for all Philippine HEIs and organizations wishing to have their research journals
recognized as peer-reviewed/refereed journals
➢ journal which pass the evaluation process are given corresponding CHED Journal
Codes (CJC)

NATIONAL AGRICULTURE AND FISHERIES EDUCATION SYSTEM (NAFES)

• established by virtue of Section 66 of Republic Act (RA) No. 8435 otherwise known as
the “Agriculture and Fisheries and Modernization Act (AFMA)
• aims to establish, maintain and support a complete and integrated system of
agriculture and fisheries education (AFE), modernize and rationalize agriculture and
fisheries education from elementary to tertiary levels
• unify the system o f implementation of academic programs and upgrade the quality
and ensure sustainability and promote the global competitiveness at all level of (AFE)
• to address the objectives, the National Universities and Colleges of Agriculture and
Fisheries (NUCAFs) and Provincial Institutes of Agriculture and Fisheries (PIAFs) were
identified.

CRITERIA FOR SELECTION

➢ Institutional accessibility
➢ Population
➢ Economic contribution of agriculture and fisheries in the community
➢ Quantity and quality of research studies conducted
➢ Degree of utilization of research results
➢ Quantity and quality of faculty members
➢ Type of facilities
➢ Linkages and potential contribution to agriculture and fisheries development in
the target area

By virtue of CMO No. 18 and 32 s. of 2009 and CMO No. 25 s. of 2010 there were 31
NUCUFs and 84 PIAFs identified.

NUCFs Region IV-A University of the Philippines Los Baños Laguna

Cavite State University Naic Campus

PIAs Region IV-A Cavite State University Indang Cavite

Laguna State University Southern

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 Luzon State University of Rizal- Tanay Campus

NATIONAL AGRICULTURE AND FISHERIES EDUCATION SYSTEM (NAFES)

❖ established by virtue of Section 66 of Republic Act (RA) No. 8435 otherwise known as
the “Agriculture and Fisheries and Modernization Act (AFMA)
❖ aims to establish, maintain
and support a complete and integrated system of agriculture and fisheries education
(AFE), modernize and rationalize agriculture and fisheries education from elementary
to tertiary levels
❖ unify the system of
implementation of academic programs and upgrade the quality and ensure
sustainability and promote the global competitiveness at all level of (AFE)
❖ to address the objectives,
the National Universities and Colleges of Agriculture and Fisheries (NUCAFs) and
Provincial Institutes of Agriculture and Fisheries (PIAFs) were identified

CHED –THESIS DISSERTATION –GRANTS –PAPER PRESENTATION – VISITING

RESEARCH FELLOW

To enhance the research capability of higher education institutions and upgrading

academic qualification of teaching staff

Qualification

• Full time regular faculty

member of any higher education institutions in the Philippines.
• 45 years of age or less
• Approved thesis proposal in
any identified priority disciplines
• Completed the course
worked and passed the comprehensive examination in a program recognized as Center
for Excellence, Center of Development or with an equivalent accredited level 2
graduate program
• General average of at least
1.75 or equivalent in the required course leading to the masters’ degree applied for

STUDENT- FINACIAL- ASSISTANCE PROGRAM (STUFPs)

In consonance with the mandate of the Commission of Higher Education as provided for
Article XIV, Section 1 of the Philippine

Constitution “to protect and promote the right of all citizens to quality education at all levels
and shall take appropriate steps to make such education accessible to all” and article Article
XIV, section 2(3) “to established and maintain a system of scholarship grants, student loan
programs, subsidies, and other incentives which shall be available to deserving students in
both public and private schools, especially to the under privilege”, the Commission en Banc

69
approved the Revised Implementing Guidelines for the CHED student Financial Assistance
Programs (StuFAPs) by virtue of Resolution No. 638-2012 dated December 19, 2012.

SCHOLARSHIP PROGRAMS FULL MERIT (FS)

This refers to the State Scholarship Program (SSP) intended for graduation high school
students whose general weighted average (GWA) is at least 90% in the third year and at least
90% in the first three grading periods of the fourth year. They are to enroll either public or
private HEls. (30.000.00)

Half Merit (HS). This refers to the Private Education Student- Financial Assistance (PESFA)
intended for graduating high school students whose GWA is at least 85% in the third year
and at least 85% in the first three grading periods of the fourth year. They are to enroll in
degree programs in private HEls. (Php15, 000.00) The above scholarship programs can also
be availed by students belonging to the following: persons with disabilities (PWDs), solo
parents and their dependents, members of cultural minority, members of the hill tribe and
senior citizens, if qualified

DND-CHED-PASUCS STUDY GRANT (DCP).

This is intended for qualified dependents of military personnel of the Armed Forces of the
Philippines who were killed in action, discharged due to complete disability combat related
and those who are in active service subject to admission requirements of accepting State
Universities and Colleges (SUCs). The specific guidelines pertaining thereto are contained in
the implementing Rules and Regulations of the Department National Defense (DND)-CHED-
Philippine association of state Universities and Colleges (PASUC). (Php5,000.00)

GRANT-IN- AID PROGRAMS

TULONG DUNONG (TD)- This is intended for graduating high school students whose GWA is
at least 80% in the third year and at least 80% in the three grading periods of the fourth
year. This program can be availed by students belonging to the following: persons with
disabilities (PWDs), solo parents and their dependents, members of cultural minority,
members of the hill tribe and senior citizens, if qualified. (Php12,000.00)

OPAPP-CHED Study Grant Program- this is intended for authenticated or amnestied former
rebel and individual members of the groups with existing peace agreements with the
government or their next of kin who cannot afford to study in the college due to financial
constraints. Only one slot can be availed by the qualified former rebel or his/her designated
qualified next of kin beneficiary. The special guidelines pertaining thereto are contained in
the Joint Memorandum Circular of CHED and the Office the Presidential Adviser on Peace
Process (OPAPP). (Php10, 000.00)

• CHED SPECIAL STUDY GRANT PROGRAM FOR CONGRESSIONAL DISTRICTS

(CSSGPCD)
• This is to intended for poor and deserving students from the different Congressional
Districts and those recommended by Party Lists. They are to enroll in degree programs
at any curriculum year level, preferably in public HEls. (Php5,000.00)
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 • CHED SENATE STUDY GRANT PROGRAM (CSSGP)

This is intended for poor and deserving students selected by the office of the Senators. They
are to enroll in degree programs at any curriculum year level, preferably in public HEls
(Php5,000.00)

• STUDENT LOAN PROGRAM STUDY-NOW- PAY- LATER –PLAN(SNPLP).

This educational loan is intended to provide financial assistance to deserving students who
are enrolled or enroll in a degree program at any curriculum year level in private HEls. The
revised guidelines pertaining thereto are contained in existing CHED Memorandum Order.
(Php15,000.00)

STUDENT LOAN PROGRAM STUDY-NOW- PAY- LATER –PLAN(SNPLP).

This educational loan is intended to provide financial assistance to deserving students who
are enrolled or enroll in a degree program at any curriculum year level in private HEls. The
revised guidelines pertaining thereto are contained in existing CHED Memorandum Order.
(Php15,000.00)

QUALIFICATION REQUIREMENTS

1. Must be a Filipino citizen of good moral character.

2. Must not be more than 30 years of age at the time of application except for senior
citizens.

3. Must be a high school graduate or a candidate for graduation.

4. Must have a combined annual gross income of parents/ graduation not to exceed
Three Hundred Thousand Pesos (Php300.000.00).

5. Must not be a recipient of any government scholarship and financial assistance.

APPLICATION PROCEDURES & DOCUMENTARY REQUIREMENTS

The student applicants for the scholarship programs, SNPLP and all other Grants-in-
Aid programs except CSSGP,DCP, and OPAPP-CHED Study Grant Program, submit to CHED
Regional Office concerned the accomplished CHED StuFAPs Application Form (OSS Form 1)
with the following documentary requirements for evaluation purpose;

1. Accomplished StuFAPs Application OSS Form 1;

2. Duly certified High School Report Card for third year and grades for the first grading
periods for fourth year

3. Latest income Tax Return (ITR), Certificate of Tax Exemption or Copy of Contract or
proof of income of parents/guardian from BIR;

71
4. Certificates of good moral character from the high school principal/guidance
counselor.

5. In the case of student applicants for the following StuFAPs they shall apply directly to
the office/agency concerned

• DCP Department of National Defense

• OPAPP-CHED Study Grant Program Office of Presidential Adviser on Peace Process

• CSSGPCD House of Representatives

• CSSGP Office of the Senate

RULES TO BE OBSERVED BY SCHOLARS & GRANTEES

Scholars are grantees shall observe the following rules:

a) Enroll in duly authorized HEls and in identified priority programs;

b) Maintain a GWA of 2.5.B or 80% for scholar and passing grade for grantees

c) Carry a full semester load and finish within the normal duration of the course or
curricular program;

d) Transfer only in duly authorized HEls and in identified priority programs upon
approval of concerned CHED Regional Office

e) Allow to defer enrollment during the semester for meritorious reasons for not more
than one academic year in whole duration of the academic program; and

f) Shall render at least (2) years return service within the Philippines after graduation for
Full Merit scholars and (1) year for Half Merit scholars.

PROMOTING ALTERNATIVE LEARNING SYSTEM (ALS)

The Commission recognizes that education and acquisition of higher learning take place both
within beyond the confines of the classrooms, and hence, the need to formally acknowledge
higher learning obtained from informal and non-formal modes of education.

EXPANDED TERTIARY EDUCATION EQUIVALENCY AND ACCREDITATION PROGRAM

(ETEEAP)

• is a comprehensive educational assessment program at the tertiary level that

recognizes, accredits and gives equivalencies to knowledge, skills, attitudes and values
gained by individuals from relevant work.

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• Implemented through deputized higher education institutions that shall award the
appropriate college degree.

Beneficiaries

➢ Must be a Filipino
➢ At least high school graduate
➢ Must have 5 years working experience in the field or industry related to the academic
program they are obtaining equivalency.
➢ Must be able to show proof proficiency, capability and thorough knowledge in the field
applied for equivalency

LADDERIZED EDUCATION PROGRAM (LEP)

This program allows recognition of units earned in technical vocational programs in TESDA-
registered schools for equivalent academic units in CHED-recognized programs and
institutions. LEP enables to get out of the education system to join the workforce and reenter
at any level in the education ladder.

CITIZEN’S CHARTER

❖ created in compliance with Republic Act No. 9485 known as “Anti Red-Tape Act of
2007”.
❖ is an open public document which mirror the services extended by CHED.

Includes clear description of the various processes and being implemented by CHED as well
as the fees that may be charged.

❖ explains the step by step procedures on availing CHED’s frontline services.

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 Republic Act 7796
By: Rosemarie F. Marantal

AN ACT CREATING THE TECHNICAL EDUCATION AND SKILLS

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

“SECTION 7. Composition of the TESDA Board. — The TESDA Board shall be composed
of the following:

The Secretary of Labor and Employment Chairperson Secretary of Education,

Culture and Sports Co-Chairperson Secretary of Trade and Industry Co-Chairperson
Secretary of Agriculture Member Secretary of Interior and Local Government Member
Director-General of the TESDA Secretariat Member
In addition, the President of the Philippines shall appoint the following members from
the private sector: two (2) representatives, from the employer/industry organization, one of
whom shall be a woman; three (3) representatives, from the labor sector, one of whom shall
be a woman; and two (2) representatives of the national associations of private technical-
vocational education and training institutions, one of whom shall be a woman. As soon as
all the members of the private sector are appointed, they shall so organize themselves that
the term of office of one-third (1/3) of their number shall expire every year. The member
from the private sector appointed thereafter to fill vacancies caused by expiration of terms
shall hold office for three (3) years.”
This Act which is a consolidation of Senate Bill No. 1283 and House Bill No. 12194
was finally passed by the Senate and the House of Representatives on August 23, 1994.
Approved: August 25, 1994.

RULES AND REGULATIONS IMPLEMENTING THE TESDA ACT OF 1994

Pursuant to Section 36 of the TESDA Act of 1994, the TESDA Board hereby promulgates
the Implementing Rules and Regulations of the Act, as follows:

“SEC 2. Composition of the TESDA Board. — The TESDA Board is composed of the
following:
The Secretary of Labor and Employment Chairperson Secretary of Education,
Culture and Sports Co-Chairperson Secretary of Trade and Industry Co-Chairperson
Secretary of Agriculture Member Secretary of Interior and Local Government Member
Director-General of the TESDA Secretariat Member Private sector representatives appointed
by the President:
a) Two (2) representatives from the employer/industry organization, one of whom shall be a
woman;
b) Three (3) representatives from the labor sector, one of whom shall be a woman;
c) Two (2) representatives of the national associations of private technical vocational
education and training institutions, one of whom shall be a woman.”

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 Republic Act No. 9155
By: Rosemarie F. Marantal

AN ACT INSTITUTING A FRAMEWORK OF GOVERNANCE FOR BASIC EDUCATION,

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

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

assembled:

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

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

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

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

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

SEC. 3. Purposes and Objectives. – The purposes and objectives of this Act are:

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

75
(b) To define the roles and responsibilities of, and provide resources to, the field offices
which shall implement educational programs, projects and services in communities they
serve;

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

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

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

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

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

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

(a) Alternative Learning System – is a parallel learning system to provide a viable alternative
to the existing formal education instruction. It encompasses both the non-formal and
informal sources of knowledge and skills;

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

(c) Cluster of Schools – is a group of schools which are geographically contiguous and
brought together to improve the learning outcomes;

(d) Formal Education – is the systematic and deliberate process of hierarchically structured
and sequential learning corresponding to the general concept of elementary and secondary
level of schooling. At the end of each level, the learner needs a certification in order to enter
or advance to the next level;

(e) Informal Education – is a lifelong process of learning by which every person acquires and
accumulates knowledge, skills, attitudes and insights from daily experiences at home, at
work, at play and from life itself;

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

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

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

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

(j) Non-Formal Education – is any organized, systematic educational activity carried outside
the framework of the formal system to provide selected types of learning to a segment of the
population;

(k) Quality Education – is the appropriateness, relevance and excellence of the education
given to meet the needs and aspirations of an individual and society;

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

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

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

CHAPTER 1

Governance of Basic Education

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

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

(b) The process of democratic consultation shall be observed in the decision-making process
at appropriate levels. Feedback mechanisms shall be established to ensure coordination and
open communication of the central office with the regional, division and school levels;

(c) The principles of accountability and transparency shall be operationalized in the

performance of functions and responsibilities at all levels; and

(d) The communication channels of field offices shall be strengthened to facilitate flow of
information and expand linkages with other government agencies, local government units
and nongovernmental organizations for effective governance;

77
Sec. 6. Governance. – The Department of Education, Culture and Sports shall henceforth be
called the Department of Education. It shall be vested with authority, accountability and
responsibility for ensuring access to, promoting equity in, and improving the quality of basic
education. Arts, culture and sports shall be as provided for in Sections 8 and 9 hereof.

Sec. 7. Powers, Duties and Functions. – The Secretary of the Department of Education
shall exercise overall authority and supervision over the operations of the Department.

A. National Level

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

(1) Formulating national educational policies;

(2) Formulating a national basic education plan;

(3) Promulgating national educational standards;

(4) Monitoring and assessing national learning outcomes;

(5) Undertaking national educational research and studies;

(6) Enhancing the employment status, professional competence, welfare and working
conditions of all personnel of the Department; and

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

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

B. Regional Level

There shall be as many regional offices as may be provided by law. Each regional office shall
have a director, an assistant director and an office staff for program promotion and support,
planning, administrative and fiscal services.

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

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

(2) Developing a regional basic education plan;

78
(3) Developing regional educational standards with a view towards benchmarking for
international competitiveness;

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

(5) Undertaking research projects and developing and managing regionwide projects which
may be funded through official development assistance and/or other funding agencies;

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

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

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

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

(10) Evaluating all schools division superintendents and assistant division superintendents
in the region;

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

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

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

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

C. Division Level

A division shall consist of a province or a city which shall have a schools division
superintendent, at least one assistant schools division superintendent and an office staff for
programs promotion, planning, administrative, fiscal, legal, ancillary and other support
services.

Consistent with the national educational policies, plans and standards, the schools division
superintendents shall have authority, accountability and responsibility for the following:

(1) Developing and implementing division education development plans;

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

79
(3) Hiring, placing and evaluating all division supervisors and schools district supervisors
as well as all employees in the division, both teaching and non-teaching personnel, including
school heads, except for the assistant division superintendent;

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

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

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

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

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

D. Schools District Level

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

The schools district supervisor shall be responsible for:

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

(2) Curricula supervision; and

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

E. School Level

There shall be a school head for all public elementary schools and public high schools or a
cluster thereof. The establishment of integrated schools from existing public elementary and
public high schools shall be encouraged.

The school head, who may be assisted by an assistant school head, shall be both an
instructional leader and administrative manager. The school head shall form a team with the
school teachers/learning facilitators for delivery of quality educational programs, projects
and services. A core of non-teaching staff shall handle the school’s administrative, fiscal and
auxiliary services.

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

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

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

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

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

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

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

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

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

(9) Encouraging staff development;

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

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

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

The Secretary of Education shall create a promotions board, at the appropriate levels, which
shall formulate and implement a system of promotion for schools division supervisors,
schools district supervisors, and school heads. Promotion of school heads shall be based on
educational qualification, merit and performance rather than on the number of
teachers/learning facilitators and learners in the school.

The qualifications, salary grade, status of employment and welfare and benefits of school
heads shall be the same for public elementary, secondary and integrated schools.

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

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

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 CHAPTER 2

Transfer of Cultural Agencies

Sec. 8. Cultural Agencies. – The Komisyon ng Wikang Pilipino, National Historical Institute,
Record Management and Archives Office and the National Library shall now be
administratively attached to the National Commission for Culture and the Arts (NCCA) and
no longer with the Department of Education. The program for school arts and culture shall
remain part of the school curriculum.

CHAPTER 3

Abolition of the Bureau of Physical Education and School Sports

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

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

CHAPTER 4

Support and Assistance of Other Government Agencies

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

The Secretary of the Department of Education shall ensure that resources appropriated for
the field offices are adequate and that resources for school personnel, school desks and
textbooks and other instructional materials intended are allocated directly and released
immediately by the Department of Budget and Management to said offices.

Sec. 11. The Secretary of the Department of Education, subject to civil service laws and
regulations, shall issue appropriate personnel policy rules and regulations that will best meet
the requirements of the teaching profession taking into consideration the uniqueness of the
working conditions of the teaching service.

Sec. 12. The Commission on Audit, in the issuance of audit rules and regulations that will
govern the utilization of all resources as well as the liquidation, recording and reporting
thereof, shall take into account the different characteristics and distinct features of the

82
department’s field offices, its organizational set-up as well as the nature of the operations of
schools and learning centers.

CHAPTER 5

Final Provisions

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

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

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

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

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

Lapsed into law on August 11, 2001 without the President’s signature, pursuant to Sec. 27(1),
Article VI of the Constitution.

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 Republic Act No. 7784
By: Mark Joseph O. Tero

AN ACT TO STRENGTHEN TEACHER EDUCATION IN THE PHILIPPINES BY

ESTABLISHING CENTERS OF EXCELLENCE, CREATING A TEACHER
EDUCATION COUNCIL FOR THE PURPOSE, APPROPRIATING
FUNDS THEREFOR, AND FOR OTHER PURPOSES

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

assembled:

Section 1. Declaration of Policy. - It is the declared policy of the State to protect and
promote the right of all citizens to quality education at all levels and shall take appropriate
steps to make such education accessible to all. It is likewise universally recognized that the
teacher is the key to the effectiveness of the teaching-learning process by drawing out and
nurturing the best in the learner as a human being and a worthy member of society. Thus,
this Act aims to provide and ensure quality education by strengthening the education and
training of teachers nationwide through a national system of excellence for teacher education.

Our vision is a teacher education system whose mission is to educate and train teachers of
unquestionable integrity and competence, and who are committed to their continuing
professional growth and obligation to help their students grow as responsible individuals and
citizens of the Philippines and of the world.

Sec. 2. Definition of Terms. - As used in this Act:

a. "Teacher" shall mean all persons engaged in the classroom teaching of any subject,
including practical/vocational arts, at the elementary and secondary levels of
instruction including persons performing guidance and counseling, instructional
supervision in all private or public education institutions, but shall not include school
nurses, school physicians, school dentists, school administrators, and other school
administrative support employees. Graduates of education who have passed the
government examination for teachers although not actually employed as such, are
hereby included in this definition.
b. "Teacher education" shall mean the pre-service education, in-service education, and
graduate education of teachers, in various areas of specialization.
c. "Excellence" pertains to the efficient, effective and innovative delivery of relevant,
functional, and quality programs in teacher education, training, research and
community service.
d. "Center of excellence" shall be a public or private college, institute, school or agency,
engaged in the pre-service and continuing education, formal and non-formal, of
teachers and teacher educators, that has established and continues to maintain a
track record in teacher education (in terms of number of graduates and their
performance in the government examination for teachers and their professional
achievement), research, and community service; whose graduates are models of

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 integrity, commitment and dedication in education. The centers of excellence may
exist by themselves or within a university or college.

Sec. 3. Teacher Education Centers of Excellence. -There shall be identified, designated,

established and developed in strategic places in each of the regions of the country, one or
more centers of excellence for teacher education based on criteria listed hereunder, assessed
and adjudged by the Council. These centers of excellence shall be initially chosen from
among existing public and private educational institutions by the Teacher Education Council
created under this Act.

Should the need arise, certain centers of excellence for teacher education at the provincial
level may later be identified and developed.

The criteria in identifying schools and colleges as centers of excellence shall include the
following: (a) highly educated, professionally qualified and experienced faculty dedicated to
the philosophy, mission, vision and goals of the institution and education; (b) well-selected
students; (c) adequate library, research and study facilities; (d) competent administrative and
support staff; (e) well-planned and relevant instructional programs; (f) adequate student
development programs; (g) adequate student services; (h) relevant extension service and
outreach programs; (i) percentage of graduates who become teachers; and (j) such other
criteria as may be established and operationalized by the Teacher Education Council.

The Teacher Education Center of Excellence shall form a national network which in turn
shall network with elementary schools, high schools and/or a part thereof for laboratory
purposes.

Any center of excellence that is established shall be maintained for at least five (5) years
before any proposal or review is made to transfer it elsewhere.

Sec. 4. Objectives and Functions of a Center of Excellence. - The objectives and

functions of a center of excellence shall be to:
a. Experiment and try out relevant and innovative pre-service/in-service teacher
education/training programs;
b. Organize and coordinate collaborative research on identified areas for systematic
investigation in teacher education as basis for improving teacher education programs;
c. Serve as teacher resource center for curricular/instructional materials development;
d. Serve as the central node for networking specific disciplines in teacher education in
the region;
e. Provide professional assistance to Teacher Education Institutions (TEIs) that have
expressed the need for such assistance;
f. Encourage mutual support among TEIs in the region for upgrading and improving
their programs; and
g. Facilitate and help expedite accreditation among TEIs.
Sec. 5. Creation of the Teacher Education Council. - There shall be a Teacher Education
Council composed of eleven (11) members with the Secretary of Education, Culture and
Sports as ex officio chairman, and three (3) other ex officio members, namely: a
Commissioner of the Commission on Higher Education (CHED), a representative of the

85
National Commission on Culture and Arts (NCCA), and the Chairman of the Professional
Regulations Commission (PRC).

The seven (7) regular members of the Council who shall be appointed by the President of the
Republic of the Philippines are:
a. Three (3) representatives of centers of teacher education: one (1) from Luzon, one (1)
from the Visayas, and one (1) from Mindanao who shall take into account the views of
the parents-teachers and community associations, student associations,
nongovernmental organizations, and people organizations concerned with basic
education;
b. One (1) representative of science teachers;
c. One (1) representative of mathematics teachers;
d. One (1) representative of social studies teachers; and
e. One (1) representative of language teachers.
The other officers of the Council shall be elected by the members from among the regular
members.

The members of the Council shall serve without any compensation but shall be reimbursed
for actual and necessary expenses incurred by them in carrying out their duties under this
Act.

The Council shall meet at least four (4) times a year and hold such other meetings at the call
of the chairman or a majority of the members.

All regular members of the Council shall hold office for a period of three (3) years.

Sec. 6. Criteria for the Selection of Regular Council Members. - The criteria for the
selection of the regular Council members are as follows:
a. Integrity;
b. Expertise and experience in teacher education;
c. Recognized as an expert, nationally or internationally; and
d. Willingness to serve.

Sec. 7. Powers and Functions of the Council. - The Council shall have the following
powers and functions:
a. To identify and designate among existing private and public schools, teacher
education institutions as Centers of Excellence for Teacher Education, at the national,
regional, and provincial levels;
b. To formulate policies and standards that shall strengthen and improve the system of
teacher education in all existing public and private schools;
c. Initiate a periodic review of curricula and programs for teacher education and training
through participatory methods, such as self-assessment by institutions;
d. To adopt an adequate and effective system of incentives such as scholarship grants,
loan programs, subsidies, stipends and other similar benefits and incentives, in order
to attract and encourage outstanding high school graduates whether from public or
private schools, to pursue teacher education;

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 e. To encourage the establishment of consortia and other cooperative arrangements
among teacher education schools, public or private, for greater efficiency and economy
in the use of resources;
f. Design collaborative programs or projects that will enhance pre-service teacher
training, in-service training, re-training, orientation, and teacher development;
g. To direct the conduct of relevant studies as may be needed in the formulation of
policies and in the planning and successful implementation of plans, programs and
projects required in attaining the purposes of this Act;
h. To review existing and recommend new legislation and policies of the government in
order to improve teacher education and promote the welfare of teachers;
i. To recommend appropriate measures to the President, Congress, and heads of other
government offices and agencies to improve, enhance and strengthen teacher
education; and
j. To call upon any department, bureau, office, or government corporation, local
government unit and other concerned agencies for assistance in areas falling within
their mandate.

Sec. 8. Secretariat. - The Council shall organize and appoint a secretariat headed by an
executive director, that shall assist the Council in executing its policies and programs and
provide the necessary administrative support therefor.

Sec. 9. Active Participation of Local Government Units. - Local government units shall
include in their plans, programs, and projects the development and improvement of teacher
education through the centers of excellence in their respective regions.

Sec. 10. Appropriation. - The sum of One hundred million pesos (P100,000,000) is hereby
authorized to be appropriated from the income of duty-free shops or otherwise known as the
Trust Liability Account of the Department of Tourism, for the initial organizational and
developmental activities of the Centers and the Council: Provided, however, That not more
than five percent (5%) shall be devoted to Council's expenses. Thereafter, such amount as
may be necessary to carry out the provisions of this Act shall be included in the annual
budget of the Department of Education, Culture and Sports.

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 Republic Act No. 8980
By: Mark Joseph O. Tero

AN ACT PROMULGATING A COMPREHENSIVE POLICY AND A NATIONAL SYSTEM FOR

EARLY CHILDHOOD CARE AND DEVELOPMENT (ECCD), PROVIDING FUNDS THEREFOR
AND FOR OTHER PURPOSES

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

assembled:

SECTION 1. Short Title. - This Act shall be known as the "ECCD Act."

SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to promote
the rights of children to survival, development and special protection with full recognition of
the nature of childhood and its special needs; and to support parents in their roles as
primary caregivers and as their children's first teachers. The State shall institutionalize a
National System for Early Childhood Care and Development (ECCD) that is comprehensive,
integrative and sustainable, that involves multi-sectoral and inter-agency collaboration at the
national and local levels among government; among service providers, families and
communities; and among the public and private sectors, nongovernment organizations,
professional associations, and academic institutions. This System shall promote the
inclusion of children with special needs and advocate respect for cultural diversity. It shall be
anchored on complementary strategies for ECCD that include service delivery for children
from conception to age six (6), educating parents and caregivers, encouraging the active
involvement of parents and communities in ECCD programs, raising awareness about the
importance of ECCD, and promoting community development efforts that improve the quality
of life for young children and families.

SECTION 3. Objectives. - The objectives of the National ECCD System are:

a. To achieve improved infant and child survival rates by ensuring that adequate health
and nutrition programs are accessible to young children and their mothers from the
pre-natal period throughout the early childhood years;
b. To enhance the physical, social, emotional, cognitive, psychological, spiritual and
language development of young children;
c. To enhance the role of parents and other caregivers as the primary caregivers and
educators of their children from birth onwards;
d. To facilitate a smooth transition from care and education provided at home to
community or school-based setting and to primary school;
e. To enhance the capabilities of service providers and their supervisors to comply with
quality standards for various ECCD programs;
f. To enhance and sustain the efforts of communities to promote ECCD programs and
ensure that special support is provided for poor and disadvantaged communities;

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 g. To ensure that young children are adequately prepared for the formal learning system
and that both public and private schools are responsive to the developmental needs of
these children;
h. To establish an efficient system for early identification, prevention, referral and
intervention for developmental disorders and disabilities in early childhood; and
i. To improve the quality standards of public and private ECCD programs through, but
not limited to, a registration and credential system for ECCD service providers.

SECTION 4. Definitions. - For purposes of this Act:

a. Early Childhood Care and Development (ECCD) System refers to the full range of
health, nutrition, early education and social services programs that provide for the
basic holistic needs of young children from birth to age six (6), to promote their
optimum growth and development. These programs include:

1. Center-based programs, such as the day care service established under Republic
Act No. 6972, public and private pre-schools, kindergarten or school-based
programs, community or church-based early childhood education programs
initiated by nongovernment organizations or people's organizations, workplace-
related child care and education programs, child-minding centers, health centers
and stations; and
2. Home-based programs, such as the neighborhood-based play groups, family day
care programs, parent education and home visiting programs;

b. ECCD Service Providers include the various professionals, paraprofessionals, and

volunteer caregivers who are directly responsible for the care and education of young
children through the various center and home-based programs. They include, but are
not limited to, day care workers, teachers, teacher-aides, rural health midwives, social
workers, community health workers, barangay nutrition scholars, parent effectiveness
service volunteers, child development workers, and family day care providers.
c. ECCD Curriculum refers to the age-appropriate and developmentally appropriate
educational objectives, program of activities, organized learning experiences and
recommended learning materials for children that are implemented by service
providers through center and home-based programs. It shall consist of national
program goals and guidelines, instructional objectives, and content outlines
integrating local learning experiences and indigenous learning materials.
d. Parent Education refers to the various formal and alternative means of providing
parents with information, skills, and support systems to assist them in their roles as
their children's primary caregivers and educators. These include public and private
parent education programs linked to center, home and media-based child care and
education programs.

SECTION 5. System Framework and Components. - The ECCD System shall include the
following components:
a. ECCD Curriculum - which focuses on children's total development according to their
individual needs and socio-cultural background. It shall promote the delivery of
complementary and integrative services for healthcare, nutrition, early childhood
education, sanitation, and cultural activities. It shall use the child's first language as
the medium of instruction.
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 b. Parent Education and Involvement, Advocacy, and Mobilization of Communities -
which harness and develop parents' strengths as providers of ECCD at home, active
partners of other stakeholders, advocates for community concerns that affect children,
and pillars of support for local and national ECCD programs through community
organization efforts.
c. Human Resource Development Program - which establishes mechanisms for the
systematic professionalization of ECCD service providers, through enrollment in
educational programs in site-based or distance education modes, through pre-service
or in-service training including continuing education programs, whereby a registration
and credential system shall be developed in the ECCD System.
d. ECCD Management - which focuses on a continuing process of planning,
implementation, supervision, financial management, monitoring, evaluation and
reporting. It shall encourage the active involvement and build the capabilities of
service providers, parents, and local government officials to sustain the program, and
it shall be guided by the principles of decentralization as stipulated in the Local
Government Code of 1991.
e. Quality Standards and Accreditation - which ensures that each component in the
ECCD System complies with national quality standards, to be established by the
National ECCD Coordinating Council as provided for under Section 8 of this Act,
linked to an accreditation process.

SECTION 6. Establishment ofECCD System. - The National ECCD System shall be

established in at least three (3) regions each year, as may be determined by the National
ECCD Coordinating Council, to achieve national coverage over a five-year period.

SECTION 7. Implementing Arrangements and Operational Structures. - The

implementation of the National ECCD System shall be the joint responsibility of the national
government agencies, local government units, nongovernment organizations, and private
organizations that are accredited to deliver the services or to provide training and technical
assistance.
a. Responsibilities of the National Government -National government agencies shall be
responsible for developing policies and programs, providing technical assistance and
support to the ECCD service providers in consultation with coordinating committees
at the provincial, city/municipal, and barangay levels, as provided for in Section 8 of
this Act, and monitoring ofECCD service benefits and outcomes. The Department of
Social Welfare and Development (DSWD), the Department of Education, Culture and
Sports (DECS), the Department of Health (DOH), the Department of the Interior and
Local Government (DILG), the Department of Labor and Employment (DOLE), the
Department of Agriculture (DA), the Department of Justice (DO J), the National
Economic and Development Authority (NEDA), and the National Nutrition Council
(NNC) shall jointly prepare annual ECCD work plans that will coordinate their
respective technical assistance and support for the National ECCD Program. They
shall consolidate existing program implementing guidelines that ensure consistency in
integrated service delivery within the National ECCD System.

1. The DECS shall promote the National ECCD Program in schools. ECCD programs
in public schools shall be under the joint responsibility of their respective school
principal/school-head and parents-teachers-community association (PTCA) within
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 the standards set forth in the National ECCD System and under the guidance of
the City/Municipal ECCD Coordinating Committee for the effective and equitable
delivery of ECCD services. It shall also make available existing facilities of public
elementary schools for ECCD classes.
2. Public and private pre-schools shall be registered by the Provincial or City ECCD
Coordinating Committee upon the recommendation of the respective division office
of the DECS. NGO-initiated, community, church, home, and workplace-based
service providers shall be registered upon the recommendation of the
provincial/city social welfare and development office. These public and private
ECCD service providers shall operate within the standards set forth in the National
ECCD System and under the guidance of the City/Municipal ECCD Coordinating
Committee for the effective delivery of ECCD services.

b. Responsibilities of Local Government Units - Local Government Units (LGUs) shall be

primarily responsible for:

1. Implementing the National ECCD Program by providing basic public ECCD

services;
2. Supporting the organization of parent cooperatives to initiate the establishment of
ECCD programs;
3. Ensuring that service providers of public ECCD programs under their supervision
shall be justly compensated that adequate funds are made available, and their
working conditions are conducive to fulfill national quality standards; and
4. Providing counterpart funds for the training and continuing education of ECCD
service providers, and supporting the operations of Provincial, City/Municipal and
Barangay ECCD Coordinating Committees.

c. Responsibilities of Families and Communities - The families and communities shall

support the local ECCD programs by participating in various projects for the overall
development of their children.

SECTION 8. Creation of National Coordinating Council and Coordinating Committees

for ECCD. - To ensure the sustained inter-agency and multi-sectoral collaboration from the
national, provincial, city/municipal to barangay levels, a National Coordinating Council and
provincial, city/municipal and barangay coordinating committees shall be organized.
a. National ECCD Coordinating Council - The Council for the Welfare of Children (CWC)
shall also function as the National ECCD Coordinating Council, hereinafter referred to
as the Council, and shall hereby be under the Office of the President.

1. Composition - In addition to the existing members of the CWC, two (2) private
individuals, who are ECCD practitioners and experts shall be appointed by the
President, upon recommendation of the Council, for a term of two (2) years subject
to one (1) reappointment. The Council shall meet once a month or as often as
necessary. The Secretaries of the DSWD, DECS, DOH, and DILG shall act as co-
chairpersons of the Council and must be represented by a person with a rank not
lower than an Undersecretary.
2. Council Secretariat - The CWC Secretariat shall also serve as the secretariat of the
Council. It shall be headed by an executive director, who shall be appointed by the
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 President, upon the recommendation of the Council. He/She shall have the rank,
privileges, and emoluments of a Career Executive Service Officer I. Nothing herein
shall prejudice any right vested prior to the enactment of this Act. There shall be
created two (2) permanent positions of Deputy Executive Directors to be appointed
by the Council, one of whom shall be exclusively concerned with ECCD programs
and activities and the other exclusively with the existing functions of the CWC. The
Deputy Executive Directors shall be assisted by senior technical staff to be
seconded from the DSWD, DECS, DOH, DILG, DOLE, DA, DOJ, NEDA and NNC for
a period of at least two (2) years, subject to renewal, and shall be entitled to
whatever additional remuneration the law allows for such secondment.
3. Functions of the National ECCD Coordinating Council The Council shall:

i. Promulgate policies and implementing guidelines for ECCD programs in

consultation with stakeholders at various levels, including the regional level
when appropriate, consistent with the national policy and program
frameworks as defined in this Act;
ii. Establish ECCD program standards that reflect developmentally appropriate
and culturally relevant practices for ECCD programs, which shall interface
with the primary school curriculum of the DECS;
iii. Develop a national system for the recruitment, registration, continuing
education and equivalency, and credential system of ECCD service providers,
supervisors and administrators to improve and professionalize the ECCD
sector and upgrade quality standards of public and private ECCD programs;
iv. Develop and implement a system of awards and recognition to deserving
ECCD program implementors and service providers;
v. Coordinate the various ECCD programs of each line agency and monitor the
delivery of services to the ECCD program beneficiaries nationwide;
vi. Evaluate and assess the impact and outcome of various ECCD programs
nationwide through an effective information system;
vii. Develop and establish a national system for early identification, screening,
surveillance of early childhood disabilities, developmental problems, and
giftedness;
viii. Develop and implement various support mechanisms that maximize the
public and private resources for implementing ECCD programs, giving
priority to the needy and high risk children from poor communities;
ix. Provide counterpart funds to poor and disadvantaged communities for the
establishment and expansion of public ECCD programs, improvement of
physical facilities and for hiring of ECCD service providers;
x. Promote and encourage private sector initiative for theestablishment of
ECCD programs; and
xi. Provide guidelines for ECCD Coordinating Committees at the provincial,
city/municipal and barangay levels for the conduct of solicitations and
requests for assistance from local and international civic organizations,
private philanthropic foundations to supplement available resources.

b. Provincial ECCD Coordinating Committee. Composition, Functions, Secretariat. -

There shall be created in every province a Provincial ECCD Coordinating Committee.

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 1. Composition - The Provincial ECCD Coordinating Committee shall be composed of
the Governor of the Province as Chairperson, Division Superintendent of DECS,
Provincial Planning and Development Officer, Provincial Budget Officer, Provincial
Health Officer, Provincial Director of DILG, Provincial Social Welfare and
Development Officer, Provincial Treasurer, President of the Provincial League of
Municipal Mayors, and two (2) representatives of nongovernment organizations
operating ECCD programs appointed by the Committee, for a two-year term,
subject to one (1) reappointment, as members;
2. Functions - The Provincial ECCD Coordinating Committee shall be under the
Provincial Development Council and shall perform similar functions as the National
ECCD Coordinating Council as appropriate, including other functions that may be
provided in the Implementing Rules and Regulations of this Act. It shall coordinate
the delivery of services and support from the National ECCD Coordinating Council
and the national line agencies involved in ECCD programs. It shall also support
and complement the resources available to municipalities and barangays in the
province in the expansion and improvement of ECCD programs, as well as be
responsible for the registration of ECCD programs and service providers; and
3. Secretariat - The Provincial ECCD Coordinating Committee shall organize a
secretariat which shall coordinate and monitor the effective implementation of
ECCD programs in the province. It shall be headed by the provincial ECCD Officer,
who shall be appointed by the Governor, upon the recommendation of the
Provincial ECCD Coordinating Committee. He/She shall have the rank, privileges
and emoluments of a Department head.

For the first three (3) years of the establishment of the ECCD system in the
province, the salary, allowances and other benefits of the Provincial ECCD Officer
shall be paid for by the Council. Thereafter, such sums as may be necessary for the
salaries, allowances and other benefits of the Provincial ECCD Officer shall be
provided by the province.

c. City/Municipal ECCD Coordinating Committee. Composition, Functions, Secretariat. -

There shall be created in every city and municipality a City/Municipal ECCD
Coordinating Committee.

1. Composition - The City/Municipal ECCD Coordinating Committee shall be

composed of the City/Municipal Mayor as Chairperson, the Division
Superintendent/District Supervisor of DECS, City/Municipal Planning and
Development Officer, City/Municipal Budget Officer, City/Municipal Health Officer,
City/Municipal Social Welfare and Development Officer, City/Municipal Local
Government Officer, City/Municipal Treasurer, City/Municipal Nutrition Officer,
President of the Association of Barangay Captains in the City/Municipality,
President of the Parent-Teachers-Community Federation in the City/Municipality,
and two (2) representatives of nongovernment organizations involved in ECCD
programs in the City/Municipality appointed by the Committee for a two-year term,
subject to one (1) reappointment, as members.
2. Functions - The City/Municipal ECCD Coordinating Committee shall be under the
city/municipal development council and shall perform similar functions as the
council as appropriate, including other functions that may be provided in the
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 Implementing Rules and Regulations. It shall likewise support and complement the
resources available to barangays in the expansion and improvement of ECCD
programs, coordinate and monitor the delivery of services at the barangay level,
ensure accurate reporting and documentation of service delivery, as well as
mobilize and encourage private sector initiatives for the establishment of ECCD
program implementors in the city/ municipality that conforms to National ECCD
System Standards.
3. Secretariat - The City/Municipal ECCD Coordinating Committee shall organize a
Secretariat which shall coordinate and monitor the effective implementation of
ECCD programs in the city/municipality. It shall be headed by the City/Municipal
ECCD Officer, who shall be appointed by the mayor, upon the recommendation of
the City/Municipal ECCD Coordinating Committee.

d. Barangay ECCD Coordinating Committee - The Barangay Council for the Protection of
Children (BCPC), created under Presidential Decree 603, shall also function as the
Barangay ECCD Coordinating Committee. The BCPC shall be responsible for the
proper and effective implementation of public ECCD programs and maintenance of
database system at the barangay level. Pursuant to this, all barangays shall organize
BCPCs in their respective areas.

The BCPC shall be composed of, among others: the Barangay Captain, the school
head/s in the barangay, the Barangay health midwife, the Barangay health worker,
the Barangay nutrition scholar, the day care worker/s parents, the Sangguniang
Kabataan Chairman, and a representative from child-focused nongovernment
organizations/people's organizations, as members. The members of the BCPC shall
elect from among themselves the Chairperson.

SECTION 9. Financing ECCD Programs. - ECCD programs at the community level shall be
financed through a combination of public and private funds. All public ECCD program
providers shall prioritize young children from families who are in greatest need and who can
at least afford private sector programs.
a. Public support for ECCD programs. - The government shall support public ECCD
programs through cost-sharing arrangements that shall involve the LGUs, and
counterpart funds from the national government agencies for technical assistance and
support. Additional funds may be generated from intergovernmental donors and
financial institutions by the appropriate government agencies through the NEDA to
support the public programs in fourth, fifth and sixth class municipalities including
the urban poor. Funds shall be accessible to qualified LGUs through the Municipal
Development Fund or other financing mechanisms as prescribed by the Department of
Finance (DOF) and based on guidelines from the Department of Budget and
Management (DBM). The Council may establish a trust fund to assist LGUs in the
expansion and upgrading of ECCD programs.

Primary health care programs, pre-natal and post-natal care, growth, monitoring and
promotion, and supplementary nutrition programs shall continue to be funded
through the LGUs with technical support and additional resources from the DOH.

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 The Day Care Program, Parent Effectiveness Service, Child-Minding Centers, Family
Day Care and Parent-Child Development Programs shall continue to be supported by
the LGUs in the form of construction of basic infrastructure, provision of facilities,
materials and equipment, and compensation for the service providers. The DSWD
shall provide for technical assistance.

The kindergarten program in public schools shall continue to be supported by the

DECS in cooperation with the PTCAs, where applicable, by providing teacher training,
supplementary learning materials and reference materials for ECCD programs.

The DSWD, DECS, DOH, and DILG shall support the implementation by LGUs of the
National ECCD Program and shall include in their respective annual general
appropriations beginning the fiscal year following the approval of this Act the
necessary funding to achieve the goal of national coverage within a five-year period
and sustain the Program from thereon. The work and financial plan of the DSWD,
DECS, DOH, and DILG shall be coordinated with the Council.
b. Support for ECCD Programs. - Support for ECCD programs can be solicited from local
and international civic organizations, private philanthropic foundations to supplement
available resources.

Workplace-based or related ECCD programs should be supported by corporations and

employers in the form of physical facilities and recurrent operating costs. The
operating cost incurred for employer or corporate-sponsored ECCD programs can be
deducted from taxable income: Provided, That the employer or corporation will not
charge user fees.

c. Costs to be Shouldered by Families. - The Council shall monitor user fees and
contributions allowed for both public and private programs to ensure that these are
affordable and within reasonable limits.

User fees for public programs should be limited to monthly contributions intended to
subsidize recurrent costs. Parents are encouraged to contribute their time and
services especially in cases where they are unable to afford the regular contributions.

SECTION 10. Appropriations. - For the implementation of this Act, the amount of Four
hundred million pesos (P400,000,000) per year for five (5) years is hereby appropriated for
the National ECCD Program of the Council effective upon approval of this Act. Said amount
shall be funded from the gross income of the Philippine Amusement and Gaming Corporation
and shall be directly remitted in four (4) quarterly installments to a special account of the
Council. Thereafter, such sums as may be necessary for the operations of the Council shall
be included in the General Appropriations Act.

A supplementary appropriations in the amount of Thirty million pesos (P30,000,000) shall be

provided to the Council from the President's Organizational Adjustment Fund upon approval
of this Act.

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 Executive Order No. 356
By: Mark Joseph O. Tero

RENAMING THE BUREAU OF NONFORMAL EDUCATION TO BUREAU OF ALTERNATIVE

LEARNING SYSTEM

WHEREAS, it is a declared State policy, "to protect and promote the right of all citizen
to quality basic education and to promote the right of all citizens to quality basic education
and such education accessible to all by providing all Filipino children in the elementary level
and free education in the high school level. Such education shall also include alternative
learning system for out-of school youth and adult learners." (Section 2 of RA 9155, The
Governance of Basic Education Act of 2001)
WHEREAS, Section 12.1 Rule Xll of R.A. 9155 stipulates that "the alternative Learning
System is a parallel learning system to provide a viable alternative to the existing formal
education instruction, encompassing both the nonformal and informal sources of knowledge
and skills";
WHEREAS, the Department of Education, through the Bureau of Nonformal Education
is mandated to ensure that all learning needs of marginalized learners are addressed;
WHEREAS, one of the most important initiatives in Nonformal Education in the
Philippines in the last 10 years is the Alternative Learning System (ALS), which is a major
component of basic education with a clearly defined role within the overall educational goals;
WHEREAS, the ALS will respond to the need of a more systematic and flexible
approach in reaching to all types of learners outside the school system;
NOW, THEREFORE, I, GLORIA MACAPAGAL ARROYO, President of the Philippines, by
virtue of the powers vested in me by law, do hereby order:

SECTION 1. The Bureau of Nonformal Education is hereby renamed to Bureau of Alternative

Learning System (BALS).

SECTION 2. The Bureau of Alternative Learning System shall have the following functions:
a. Address the learning needs of the marginalized groups of the population including the
deprived, depressed and underserved citizens,
b. Coordinate with various agencies for skills development to enhance and ensure
continuing employability, efficiency, productivity, and competitiveness in the labor market;
c. Ensure the expansion of access to educational opportunities for citizens of different
interests, capabilities demographic characteristics and socio-economic origins and status;
and
d. Promote certification and accreditation of alternative learning programs both formal and
informal in nature for basic education.

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

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 Republic Act No. 6655
By: Maricel A. Ale

AN ACT ESTABLISHING AND PROVIDING FOR

A FREE PUBLIC SECONDARY EDUCATION AND
FOR OTHER PURPOSES

Section 1. Title. This act shall be known as the “Free Public Secondary Education
Act of 1988 “

Section 2. Declaration of policy. It is the policy of the state to provide for a free public
secondary education to all qualified citizens and to promote quality education at all levels.

Section 3. Definitions
a. Free Public Education – Means that the students enrolled in secondary course
offerings in national high school , general comprehensive high school , trade , technical,
vocational , fishery and agricultural school in schools established, administered ,
maintained and founded by local government units. Including city provincial ,
municipal and baranggay high schools , and those public high schools w/c may be
established by law , shall be free from payment of tuition & other schools fees .

b. Tuition Fee - Refers to the fees representing direct costs of instruction , training and
other related activities and for the students use of the instruction and training
facilities.

c. Other School fees - Refers to those fees which covers other necessary costs
supportive of instruction , including but not limited to medical and dental , athletic ,
library , laboratory and Citizens Army Training ( CAT ) fees.
However , fees elated to membership in the school community such as
identification cards student organizations and publications may be collected , provided
that the nonpayment to these fees SHALL not in any case be a bar to the enrollment or
graduation of any student .

Section 4. Implementation of free Public Secondary education. The system of the

free public secondary education as provided in this act shall commence in school Year 1988-
1989 , and that the students enrolled in secondary course offerings in national and general
comprehensive high school , state colleges and universities . Specialized schools, trade ,
technical , vocational , fishery and agricultural schools and in schools w/c may be
established by law. Shall be free from payment of tuition and other school fees except fees
related to membership in the school community such as identification cards , student
organizations and publication w/c may be collected : Provided that nothing in this act shall
cause or authorize the reduction or removal of any benefit w/c the national or local
government may have granted to the students , teachers and other school personnel public
high school prior to the enactment of this act ..

97
 Section 5. Formulation of a Secondary Education Curriculum. The Department of
Education Culture and Sports shall formulate a secondary education curriculum in order to
upgrade its quality , efficiency and access in addition to providing the right school student
with general skill ; knowledge and values ,such a curriculum must include vocational and
technical courses that will give the students gainful employment .

Section 6. Limitation . The right of any student to avail of free public high school shall
terminate if he fails for two (2) consecutive school years in the majority of the academic
subjects in w/c he is enrolled during the course of his study unless such failure is due to
some valid course .

Section 7 . Nationalization of Public Secondary Schools. The effectively implement

the system . The establishment , renaming conversion , integration, separation ,
administration , supervision and control the public secondary school and public secondary
school teachers and other school personnel , including the payment of their salaries
allowances and other fringe benefits as well as those already provided by the local
government are hereby vested in the Department of Education , culture and sports.

Section 8. Priority in Admission. Graduates of Public elementary schools in a

municipality shall be given priority in admission when the present facilities in the same
municipality cannot accommodate all of those applying for enrollment in the public schools .

Section 9. implementing Rules and Regulations. The secretary of Education , Culture

and Sports shall issue the necessary rules and regulations to implement this act.
Benefits
Educations is therefore not a privilege , but a right. \
Secondary education will be accessible to all since it will be free of charge (except for the
free mentioned above )
Through this, there will be a probability that the country will produce more manpower .

Republic Act No. 7615

By: Maricel A. Ale

AN ACT CHANGING THE NAME OF THE PANTOK-PALANGOY

ELEMENTARY SCHOOL IN THE MUNICIPALITY OF BINANGONAN,
PROVINCE OF RIZAL, TO SUSANA MADRIGAL MEMORIAL
ELEMENTARY SCHOOL

Section 1. The name of the Pantok-Palangoy Elementary School in the Municipality of

Binangonan, Province of Rizal, is hereby changed to Susana Madrigal Memorial Elementary
School.

Section 2. This Act shall take effect upon its approval.

Approved: June 19, 1992

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 Republic Act No. 7624
By: Maricel A. Ale

AN ACT INTEGRATING DRUG PREVENTION AND CONTROL IN THE

INTERMEDIATE AND SECONDARY CURRICULA AS WELL AS
IN THE NON-FORMAL, INFORMAL AND INDIGENOUS
LEARNING SYSTEMS AND FOR OTHER PURPOSES

Section 1. There shall be integrated in the intermediate and secondary curricula

whether in public or private schools as well as in the non-formal, informal and indigenous
learning programs the ill effects of drugs abuse, drug addiction, or drug dependency.

Section 2. The Department of Education, Culture and Sports in coordination with the
Department of Health and the Dangerous Drugs Board shall promulgate such rules and
regulations as may be necessary for effective implementation of this Act.

Section 3. The Department of Education, Culture and Sports any enlist the assistance
of any government agency or instrumentality to carry out the objectives of this Act.

Section 4. All instructional materials needed by the public schools to teach the subject
matter as provided under this Act shall be supplied by the Department of Education, Culture
and Sports.

Section 5. This Act shall take effect upon its approval.

99
 Presidential Decree No. 1006
By: Joy Pajenado

“PROVIDING FOR THE PROFESSIONALIZATION OF TEACHERS,

REGULATING THEIR PRACTICE IN THE PHILIPPINES AND FOR OTHER PURPOSES.”

WHEREAS:
1) "All educational institutions shall be under the supervision of; and subject to regulation by,
the State", "the State shall establish and maintain a complete,
adequate and integrated system of education relevant to the goals of national development";
2) the Department of Education and Culture has adopted ways and means of overseeing all
the educational institutions in the country;
3) the function of the DEC has been primarily beamed towards insuring that the educational
institutions inculcate in the studentry love of the country, teach the duties of citizenship,
and develop moral character, personal discipline, and scientific, technological and vocational
efficiency;
4) to implement these objectives, the institutions have relied upon their teachers whose
direct and continuing interaction with the young people and the children make them potent
forces for the development of proper attitudes among the citizenry;
5) this accounts for the tremendous growth of the teaching population, comprising in the civil
service sector alone more than 300,000 teachers deployed all over the country;
6) to insure that in the immediacy and urgency of teacher recruitment qualitative
requirements are not overlooked, it has become necessary to regulate the teaching
profession;
7) teaching is the only course that it is not yet considered a profession;
8) in recognition of the role of teachers in nation building it is imperative that they be
considered as professionals and teaching be recognized as a profession.
NOW, THEREFORE, FERDINAND E. MARCOS, The President of the Philippines, by virtue of
the powers vested in me by the Constitution, do hereby
decree and order:
Section 1. TITLE
“Decree Professionalizing Teaching”
Section 2. DECLARATION OF POLICY
It is hereby declared a policy that teacher education shall be given primary concern and
attention by the government and shall be of the highest quality, and strongly oriented to
Philippine conditions and to the needs and aspirations of the Filipino.
Section 3. DEFINITION OF TERMS
The following shall be construed as follow:
(a) Teaching- refers to the profession primarily concerned with the classroom instruction.
(b) Teacher- refers to all persons engaged in teaching at the elementary and secondary
levels.
(c) Board- refers to the National Board for Teachers duly constituted under this Decree.
Section 4. CREATION OF THE NATIONAL BOARD
FOR TEACHERS
1) Secretary of Education and Culture Co-Chairman
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2) Chairman, Civil Service Commission
3) Commissioner, Professional Regulations Commission
4) Member Two members representing the private sector to be appointed by the President
Section 5. POWERS AND DUTIES
(a) Appoint a set of examiners for every examination who will determine and prepare the
contents of the Board examination for teachers;
(b) Determine and fix the places and dates of examination, appoint supervisors and room
examiners from among the employees of the Government;
(c) Look from time to time into the conditions affecting the practice of the teaching profession;
(d) Issue, suspend, revoke, replace or reissue Professional Teachers Certificate, and
administer oaths;
(e) Appoint, subject to the provisions of existing laws, such officials and employees as are
necessary in the effective performance of its functions and responsibilities, prescribe their
duties and fix their compensation;
(f) Prescribe and collect examination and other fees as it may deem proper; and
(g) Promulgate rules and regulations, and exercise such other powers, functions and duties
as may be necessary to carry into effect the purposes of this Decree.
Section 6. QUALIFICATION REQUIREMENTS FOR
EXAMINATION APPLICANTS
(a) The applicant must be a citizen of the Philippines;
(b) That he is of good moral character;
(c) That he is free from any physical or mental defect; and
(d) That he possesses the following minimum educational qualifications:
1) For teachers in the kindergarten and elementary grades, BEEd or its equivalent;
2) For teachers of the secondary schools, Bachelor's degree in Education or its equivalent
with a major and minor, or a Bachelor's degree in Arts or Sciences
with at least 18 units in professional education; and
3) For teachers of secondary vocational and 2-year technical courses, Bachelor's degree in
the field of specialization with at least 18 units in professional education.
Section 7. APPOINTMENT OF EXAMINEER
Appointed examiners of the Board are recognized authority in teacher education. The
examiner shall receive a compensation provided in addition to his salary.
Section 8. SCOPE OF THE EXAMINATION
Written tests determined by the Board.
Section 9. RATINGS IN THE EXAMINATION
At least 70% in all subjects with no rating below 50% in any subject.
Section 10. REPORT OF THE RESULTS OF
EXAMINATION
150 days after the last day of the examination, unless extended by the Board.
Section 11. ISSUANCE OF CERTIFICATE
The Board may consider the certificates of rating as certificates of eligibility or issue an
entirely new certificate upon registration of the teacher and payment of the corresponding
fees.
Section 12. REGISTRATION
Registration shall evidence that the registrant is entitled to all the rights and privileges of a
Professional Teacher until and unless the certificate is suspended or canceled by the Board
for just cause.

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Section 13. REISSUANCE OF REVOKED
CERTIFICATES AND REPLACEMENT OF LOST CERTIFICATES
A new certificate to replace a lost, destroyed or mutilated certificate may be issued subject to
the rules of the Board
Section 14. REGISTRATION BY RECIPROCITY
The applicant shall submit competent and conclusive documentary evidence, confirmed by
the Department of Foreign Affairs, showing that his country's existing laws
permit citizens of the Philippines to practice teaching profession under the rules and
regulations governing citizens.
Section 15. PROHIBITION
No person shall engage in teaching and/or act as a teacher unless he is holder of a
Professional Teacher Certificate or is considered a Professional Teacher under this Decree.
Section 16. PENAL PROVISION
A fine of not less than P1,000 nor more than P5,000 with an imprisonment of not less than 6
months nor more than 2 years, or both such fine an imprisonment at the discretion of the
Court.
Section 17. REPEALING CLAUSE
All Acts, Decrees, Executive Orders, Administrative Orders, rules and regulations or parts
thereof inconsistent with the provisions of this Decree are hereby repealed or modified
accordingly.
Section 18. SEPARABILITY CLAUSE
In case any provision of this Decree or any portion thereof is declared unconstitutional by a
competent court, other provisions shall not be affected thereby.
Section 19. EFFECTIVITY
Take effect January 1, 1977.

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 Republic Act 8736
By: Joy Pajenado

AN ACT TO STRENGTHEN THE REGULATION AND SUPERVISION OF THE PRACTICE

OF TEACHING IN THE PHILIPPINES AND PRESCRIBING A LICENSURE
EXAMINATION FOR TEACHERS AND FOR OTHER PURPOSES.

ARTICLE I

SECTION 1. Short Title. — This Act shall be known as the "Philippine Teachers
Professionalization Act of 1994.“
Sec. 2. Statement of Policy. — The State recognizes the vital role of teachers in nation
building and development through a responsible and literate citizenry.
Sec. 3. Objectives. — This Act has the herein
Objectives:
(a) The promotion, development and professionalization of teachers and the
teaching profession; and
(b) The supervision and regularization of the licensure examination.
Sec. 4. Definition of Terms. — For purposes of this Act, the following
terms shall mean:
(a) "Teaching" — refers to the profession concerned primarily with classroom instruction, at
the elementary and secondary levels in accordance with the curriculum prescribed by the
Department of Education, Culture and Sports, whether on part-time or full-time
basis in the private or public schools.

(b) "Teachers" — refers to all persons engaged in teaching at the elementary and secondary
levels, whether on full-time or part-time basis, including industrial arts or vocational
teachers and all other persons performing supervisory and/or administrative functions in all
schools in the aforesaid levels and qualified to practice teaching under this Act.
(c) "Board" — refers to the Board for Professional Teachers duly established and constituted
under this Act.
(d) "Commission" — refers to the Professional Regulation Commission.

ARTICLE II
BOARD FOR PROFESSIONAL TEACHERS

Sec. 5 Creation and Composition of the Board

The Board is composed of five (5) members including the
Chairman and the Vice-
Chairman appointed by the President of the Philippines from among the recommendees
chosen by the Commission.
Sec. 6 Duties and Function of the Board
The two most important duties of the Board:
Prescribe and/or adopt a code of ethical and professional standards for the practice of the
teaching profession.

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 Look into the conditions affecting the practice of the teaching profession and whenever
necessary, adopt such measures as may be deemed proper for the enhancement and
maintenance of high professional and ethical standards of the profession;
Sec. 7. Term of Office. — The members of the Board shall hold office for a term of three (3)
years from the date they assume office. No person who has served for two (2) consecutive
terms shall be eligible for reappointment. The chairman or any member shall take his oath of
office prior to the performance of his duties.
Sec. 8. Qualification of Board Members. — Each Board member must at the time of his
appointment:
(a) Be a citizen and resident of the Philippines;
(b) Be at least thirty-five (35) years of age, of proven integrity, and possessed of high moral
values;
(c) Be a holder of the degree of Bachelor of Arts or Bachelor of Science in Education and
preferably a holder of a master's or doctorate degree in education, or their equivalents;
(d) Be a professional teacher with a valid certificate of registration and valid professional
license;
(e) Has been a professional teacher in the active practice of the teaching profession for at
least ten (10) years in the elementary and secondary level;
(f) Not an official or member of faculty of any university for at least 3 years prior to his
appointment nor connected with a review center.
Sec. 9. Compensation of the Board.
Sec. 10. Supervision of the Board and Custodian of its
Records. — The Board shall be under the supervision and control of the Commission.
Sec. 11. Secretariat and Support Services.
Sec. 12. Removal of a Board Member.

ARTICLE III
EXAMINATION AND REGISTRATION

Sec. 13. Examination, Registration and License Required.

Sec. 14. Scope of Examination.
Examination for TeachersSecondary Level
2 parts:
Professional Education
General Education
3 parts:
Professional Education
General Education
Field of Specialization

Sec. 15. Qualification Requirements of

Applicants. — No applicant shall be admitted to take the examination unless, on the date of
filing of the application, he shall have complied with the following requirements:
(a) A citizen of the Philippines or an alien whose country has reciprocity with the
Philippines in the practice of the teaching profession;
(b) At least eighteen (18) years of age;

(c) In good health and of good reputation with high moral values;

104
 (d) Has not been convicted by final judgment by a court for an offense involving moral
turpitude;
(e) A graduate of a school, college or university recognized by the government and
possesses the minimum educational qualifications
Sec. 16. Report of the Results of the Examination.
Sec. 17. Issuance of Certificate of Registration and
Professional License. – The registration of a professional teacher commences from the date
his name is enrolled in a roster of professional teachers.
Sec. 18. Oath Before
Practice. — Every registrant shall be required to take his professional oath before practicing
as a professional teacher.
Sec. 19. Periodic Merit
Examination of Teachers.
Sec. 20. Failure to Pass the
Merit Examination.
Sec. 21. Incentives. —Teachers who pass the merit examination shall:
(a) Be awarded a diploma of merit by the Board;
(b) Earn merit points for purposes of promotion in salary or to a higher position or grade
level;
(c) Be placed in the priority list for government scholarship; and
(d) Enjoy such other benefits as may be promulgated by the Board.
Sec. 22. Integration of the
Teaching Profession. — The teaching profession shall be integrated into one national
organization which shall be recognized by the Board and the Commission as the one and
only integrated and accredited association of professional teachers.
Sec. 23. Revocation of the Certificate of Registration, Suspension from
the Practice of the Teaching Profession, and Cancellation of Temporary or Special
Permit.
(a) Conviction for any criminal offense by a court of competent jurisdiction;
(b) Immoral, unprofessional or dis honourable conduct;
(c) Declaration by a court of competent jurisdiction for being mentally unsound or insane;
Sec. 24. Registration by Reciprocity.
Sec. 25. Roster of Professional Teachers.
Sec. 26. Registration and Exception.

ARTICLE IV
PROVISIONS RELATIVE TO THE PRACTICE OF THE TEACHING PROFESSION

Sec. 27. Inhibition Against the Practice of the Teaching Profession. — No person shall
practice or offer to practice the teaching profession in the Philippines or be appointed as
teacher to any position calling for a teaching position without having previously obtained a
valid certificate of registration and a valid professional license from the Commission.
Sec. 28 Penal Provisions.
If a person is practicing as a professional teacher without a valid certificate of registration or
valid license, He shall be fined with not less than P5,000- P20,000 Or imprisonment of not
less than six (6) months to five (5) years.
Sec. 29. Appropriations.
Sec. 30. Implementation Guidelines.
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 Republic Act 9293
By: Christine Ann B. Antido

What is Republic Act 9293?

AN ACT AMENDING CERTAIN SECTIONS OF RA 7836 OTHERWISE KNOWN

AS THE “PHILIPPINE TEACHERS PROFESSIONALIZATION ACT OF 1994”

Section 1. Section 15 (e) of Republic Act No. 7836 is hereby amended as follows:
Section 15. Qualification Requirements of Applicants

No applicant shall be admitted to take the examination unless, on the date of filing of
the application, he shall have complied with the following requirements:
1. For teachers in preschool, a bachelor’s degree in early childhood education
(BECED) or its equivalent;
2. For teachers in the elementary grades, a bachelor’s degree in elementary education
(BECED) or its equivalent;

3. RA 7836 - For teachers in the secondary grades, bachelor’s degree in education or

its equivalent with a major or minor, or a bachelor’s degree in arts and sciences with
at least ten (10 units) in professional education; and

3. RA 9293 - 3. For teachers in the secondary grades, bachelor’s degree in education

or its equivalent with a major or minor, or a bachelor’s degree in arts and sciences
with at least eighteen (18) in professional education; and

4. For teachers of vocational and 2-year technical courses a bachelor’s degree in the
field of specialization or its equivalent, with at least 18 units in professional education.

Section 2. Section 26 of the same act is hereby recommended to read as follows:

Section 26. Registration and Exception

No person shall engage in teaching and or act as a professional teacher as

defined in this Act, whether in the preschool, elementary or secondary level, unless a
person is duly registered professional teacher, and a holder of valid certificate of
registration and a valid professional license or a holder of a valid special or temporary
permit.

Upon approval of the application and payment of the prescribed fees, the
certificate of registration and professional license as a professional teacher shall be
issued without examination as required in this Act to a qualified applicant who is:

Professional teachers who have not practiced their profession for the past 5
years shall:

take at least twelve (12) units of education courses consisting of:

✓ at least six (6) units of pedagogy and;
✓ six (6) units of content courses,
106
 ✓ or equivalent training and number of hours
To be chosen from a list of courses to be provided by the Board and the
Department of Education, before they can be allowed to practice their profession in the
country.

Those who have failed the licensure examination for the professional teachers,
with a rating of not lower than five percentage points from the passing general average
rating shall be eligible as para-teachers upon issuance by the Board of a two-year
special permit, renewable for a non-extendible period of 2 years.

The para-teachers shall be assigned to areas where there is a shortage or

absence of a professional teacher, as identified or provided by the Department of
Education and the ARMM EDUCATION DEPARTMENT to the Board for Professional
Teachers and to the Commission.

The special permit shall indicate the area of assignment of the para-teacher.

Section 3. Section 31 of the same Act is hereby amended to read as follows:

Section 31. Transitory Provision.

Special Permits, with a validity of three (3) and five (5) years, issued to para-
teachers by the Board for Professional Teachers before the effectivity of this Act shall
be allowed to expire based on the period granted therein: Provided, that only special
permits with a validity of three (3) years may be renewed upon expiration for a non-
extendible period of two (2)years.

Section 4.References to the Term “Department of Education, Culture and Sports”

Section 4 (a) and Section 25, and the term “DECS” in Section 20, of the same Act, are hereby
amended to read as “Department of Education” and “DepEd”, respectively.

Section 5. Separability Clause

If, for any reason, any section or provision of this Act or the application of such section
or provision to any person or circumstance is declared unconstitutional or invalid, no other
section or provision of this Act shall be affected thereby.

Section 6. Repealing Clause

All laws, decrees, circulars, administrative orders, rules and regulations and other
issuances which are inconsistent with the provision of this Act are hereby repealed or
modified accordingly.

Section 7. Effectivity
This Act shall take effect upon approval.
This Act which is a consolidation of the Senate Bill No.2698 and House Bill No. 5411
was finally passed by the Senate and the House of Representative on February 6, 2004 and
February 7, 2004, respectively.

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 Republic Act 8190
By: Christine Ann B. Antido

AN ACT GRANTING PRIORITY TO RESIDENTS OF THE BARANGAY,

MUNICIPALITY OR CITY WHERE THE SCHOOL IS LOCATED,
IN THE APPOINTMENT OR ASSIGNMENT OF CLASSROOM
PUBLIC SCHOOL TEACHERS.
REPUBLIC ACT NO. 8190

Section 1
In the appointment or assignment of teachers to public elementary or secondary
schools, priority shall be given to bona fide residents of the barangay, municipality, city or
province where the school is located. Provided, that the teacher possesses all the minimum
qualifications for the position as required by law.
Protects regarding the appointment or assignment of classroom public school teachers
shall prescribed in three (3) months upon the issuance of such appointments or assignment.

Section 2
In the exercise of its disciplinary authority, the Secretary of Education, Culture and
Sports shall impose the following administrative sanctions for any willful violation of this Act:
(1) first violation-suspension of one (1) month without pay; (2) second violation-suspension of
two (2) months without pay; and (3) third violation and subsequent violations hereof-
suspension of six (6) months without pay.

Section 3
The Department of Education, Culture and Sports (DECS) shall prescribed the rules
and regulations necessary to implement this Act. The DECS shall provide the senate and the
House of Representatives a copy of the rules and regulations within ninety (90) days after
approval of this Act.

Section 4
All laws, decrees, executive orders, rules and regulations, or parts thereof inconsistent
with this Act are hereby repealed or modified accordingly.

SECTION 5
This Act shall take effect fifteen (15) days after its complete publication in the Official
Gazette or in at least two (2) newspapers of general circulation.
THANK YOU!

108
 Republic Act No. 6713
By: Magdalina P. Maneclang

AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL STANDARDS FOR

PUBLIC OFFICIALS AND EMPLOYEES, TO UPHOLD THE TIME-HONORED
PRINCIPLE OF PUBLIC OFFICE BEING A PUBLIC TRUST,GRANTING
INCENTIVES AND REWARDS FOR EXEMPLARY SERVICE,
ENUMERATING PROHIBITED ACTS AND TRANSACTIONS
AND PROVIDING PENALTIES FOR VIOLATIONS
THEREOF AND FOR OTHER PURPOSES

Section 1. Title. - This Act shall be known as the "Code of Conduct and Ethical
Standards for Public Officials and Employees."

Section 2. Declaration of Policies. - It is the policy of the State to promote a high

standard of ethics in public service. Public officials and employees shall at all times be
accountable to the people and shall discharge their duties with utmost responsibility,
integrity, competence, and loyalty, act with patriotism and justice, lead modest lives, and
uphold public interest over personal interest.

Section 3. Definition of Terms. - As used in this Act, the term:

(a) "Government" includes the National Government, the local governments, and all
other instrumentalities, agencies or branches of the Republic of the Philippines including
government-owned or controlled corporations, and their subsidiaries.lawphi1.net

(b) "Public Officials" includes elective and appointive officials and employees,
permanent or temporary, whether in the career or non-career service, including military and
police personnel, whether or not they receive compensation, regardless of amount.

(c) "Gift" refers to a thing or a right to dispose of gratuitously, or any act or liberality,
in favor of another who accepts it, and shall include a simulated sale or an ostensibly
onerous disposition thereof. It shall not include an unsolicited gift of nominal or insignificant
value not given in anticipation of, or in exchange for, a favor from a public official or
employee.

(d) "Receiving any gift" includes the act of accepting directly or indirectly, a gift from a
person other than a member of his family or relative as defined in this Act, even on the
occasion of a family celebration or national festivity like Christmas, if the value of the gift is
neither nominal nor insignificant, or the gift is given in anticipation of, or in exchange for, a
favor.

(e) "Loan" covers both simple loan and commodatum as well as guarantees, financing
arrangements or accommodations intended to ensure its approval.
109
 (f) "Substantial stockholder" means any person who owns, directly or indirectly, shares
of stock sufficient to elect a director of a corporation. This term shall also apply to the parties
to a voting trust.

(g) "Family of public officials or employees" means their spouses and unmarried
children under eighteen (18) years of age.

(h) "Person" includes natural and juridical persons unless the context indicates
otherwise.

(i) "Conflict of interest" arises when a public official or employee is a member of a

board, an officer, or a substantial stockholder of a private corporation or owner or has a
substantial interest in a business, and the interest of such corporation or business, or his
rights or duties therein, may be opposed to or affected by the faithful performance of official
duty.

(j) "Divestment" is the transfer of title or disposal of interest in property by voluntarily,

completely and actually depriving or dispossessing oneself of his right or title to it in favor of
a person or persons other than his spouse and relatives as defined in this Act.

(k) "Relatives" refers to any and all persons related to a public official or employee
within the fourth civil degree of consanguinity or affinity, including bilas, inso and balae.

Section 4. Norms of Conduct of Public Officials and Employees. - (A) Every public
official and employee shall observe the following as standards of personal conduct in the
discharge and execution of official duties:

(a) Commitment to public interest. - Public officials and employees shall always
uphold the public interest over and above personal interest. All government resources and
powers of their respective offices must be employed and used efficiently, effectively, honestly
and economically, particularly to avoid wastage in public funds and revenues.

(b) Professionalism. - Public officials and employees shall perform and discharge their
duties with the highest degree of excellence, professionalism, intelligence and skill. They
shall enter public service with utmost devotion and dedication to duty. They shall endeavor
to discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage.

(c) Justness and sincerity. - Public officials and employees shall remain true to the
people at all times. They must act with justness and sincerity and shall not discriminate
against anyone, especially the poor and the underprivileged. They shall at all times respect
the rights of others, and shall refrain from doing acts contrary to law, good morals, good
customs, public policy, public order, public safety and public interest. They shall not
dispense or extend undue favors on account of their office to their relatives whether by
consanguinity or affinity except with respect to appointments of such relatives to positions
considered strictly confidential or as members of their personal staff whose terms are
coterminous with theirs.

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 (d) Political neutrality. - Public officials and employees shall provide service to
everyone without unfair discrimination and regardless of party affiliation or preference.

(e) Responsiveness to the public. - Public officials and employees shall extend prompt,
courteous, and adequate service to the public. Unless otherwise provided by law or when
required by the public interest, public officials and employees shall provide information of
their policies and procedures in clear and understandable language, ensure openness of
information, public consultations and hearings whenever appropriate, encourage
suggestions, simplify and systematize policy, rules and procedures, avoid red tape and
develop an understanding and appreciation of the socio-economic conditions prevailing in the
country, especially in the depressed rural and urban areas.

(f) Nationalism and patriotism. - Public officials and employees shall at all times be
loyal to the Republic and to the Filipino people, promote the use of locally produced goods,
resources and technology and encourage appreciation and pride of country and people. They
shall endeavor to maintain and defend Philippine sovereignty against foreign intrusion.

(g) Commitment to democracy. - Public officials and employees shall commit

themselves to the democratic way of life and values, maintain the principle of public
accountability, and manifest by deeds the supremacy of civilian authority over the military.
They shall at all times uphold the Constitution and put loyalty to country above loyalty to
persons or party.

(h) Simple living. - Public officials and employees and their families shall lead modest
lives appropriate to their positions and income. They shall not indulge in extravagant or
ostentatious display of wealth in any form.

Section 5. Duties of Public Officials and Employees. - In the performance of their duties,
all public officials and employees are under obligation to:lawphi1.net

(a) Act promptly on letters and requests. - All public officials and employees shall,
within fifteen (15) working days from receipt thereof, respond to letters, telegrams or other
means of communications sent by the public. The reply must contain the action taken on the
request.

(b) Submit annual performance reports. - All heads or other responsible officers of
offices and agencies of the government and of government-owned or controlled corporations
shall, within forty-five (45) working days from the end of the year, render a performance
report of the agency or office or corporation concerned. Such report shall be open and
available to the public within regular office hours.

(c) Process documents and papers expeditiously. - All official papers and documents
must be processed and completed within a reasonable time from the preparation thereof and
must contain, as far as practicable, not more than three (3) signatories therein. In the
absence of duly authorized signatories, the official next-in-rank or officer in charge shall sign
for and in their behalf.

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 (d) Act immediately on the public's personal transactions. - All public officials and
employees must attend to anyone who wants to avail himself of the services of their offices
and must, at all times, act promptly and expeditiously.

(e) Make documents accessible to the public. - All public documents must be made
accessible to, and readily available for inspection by, the public within reasonable working
hours.

Section 6. System of Incentives and Rewards. - A system of annual incentives and

rewards is hereby established in order to motivate and inspire public servants to uphold the
highest standards of ethics. For this purpose, a Committee on Awards to Outstanding Public
Officials and Employees is hereby created composed of the following: the Ombudsman and
Chairman of the Civil Service Commission as Co-Chairmen, and the Chairman of the
Commission on Audit, and two government employees to be appointed by the President, as
members.

It shall be the task of this Committee to conduct a periodic, continuing review of the
performance of public officials and employees, in all the branches and agencies of
Government and establish a system of annual incentives and rewards to the end that due
recognition is given to public officials and employees of outstanding merit on the basis of the
standards set forth in this Act.

The conferment of awards shall take into account, among other things, the following:
the years of service and the quality and consistency of performance, the obscurity of the
position, the level of salary, the unique and exemplary quality of a certain achievement, and
the risks or temptations inherent in the work. Incentives and rewards to government officials
and employees of the year to be announced in public ceremonies honoring them may take
the form of bonuses, citations, directorships in government-owned or controlled corporations,
local and foreign scholarship grants, paid vacations and the like. They shall likewise be
automatically promoted to the next higher position with the commensurate salary suitable to
their qualifications. In case there is no next higher position or it is not vacant, said position
shall be included in the budget of the office in the next General Appropriations Act. The
Committee on Awards shall adopt its own rules to govern the conduct of its activities.

Section 7. Prohibited Acts and Transactions. - In addition to acts and omissions of

public officials and employees now prescribed in the Constitution and existing laws, the
following shall constitute prohibited acts and transactions of any public official and employee
and are hereby declared to be unlawful:

(a) Financial and material interest. - Public officials and employees shall not, directly
or indirectly, have any financial or material interest in any transaction requiring the approval
of their office.

(b) Outside employment and other activities related thereto. - Public officials and
employees during their incumbency shall not:

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 (1) Own, control, manage or accept employment as officer, employee,
consultant, counsel, broker, agent, trustee or nominee in any private enterprise
regulated, supervised or licensed by their office unless expressly allowed by law;

(2) Engage in the private practice of their profession unless authorized by the
Constitution or law, provided, that such practice will not conflict or tend to conflict
with their official functions; or

These prohibitions shall continue to apply for a period of one (1) year after resignation,
retirement, or separation from public office, except in the case of subparagraph (b) (2) above,
but the professional concerned cannot practice his profession in connection with any matter
before the office he used to be with, in which case the one-year prohibition shall likewise
apply.

(c) Disclosure and/or misuse of confidential information. - Public officials and

employees shall not use or divulge, confidential or classified information officially known to
them by reason of their office and not made available to the public, either:

(1) To further their private interests, or give undue advantage to anyone; or

(2) To prejudice the public interest.

(d) Solicitation or acceptance of gifts. - Public officials and employees shall not solicit
or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of
monetary value from any person in the course of their official duties or in connection with
any operation being regulated by, or any transaction which may be affected by the functions
of their office.

As to gifts or grants from foreign governments, the Congress consents to:

(i) The acceptance and retention by a public official or employee of a gift of

nominal value tendered and received as a souvenir or mark of courtesy;

(ii) The acceptance by a public official or employee of a gift in the nature of a

scholarship or fellowship grant or medical treatment; or

(iii) The acceptance by a public official or employee of travel grants or expenses

for travel taking place entirely outside the Philippine (such as allowances,
transportation, food, and lodging) of more than nominal value if such acceptance is
appropriate or consistent with the interests of the Philippines, and permitted by the
head of office, branch or agency to which he belongs.

The Ombudsman shall prescribe such regulations as may be necessary to carry

out the purpose of this subsection, including pertinent reporting and disclosure
requirements.

Nothing in this Act shall be construed to restrict or prohibit any educational, scientific
or cultural exchange programs subject to national security requirements.
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 Section 8. Statements and Disclosure. - Public officials and employees have an
obligation to accomplish and submit declarations under oath of, and the public has the right
to know, their assets, liabilities, net worth and financial and business interests including
those of their spouses and of unmarried children under eighteen (18) years of age living in
their households.

(A) Statements of Assets and Liabilities and Financial Disclosure. - All public officials
and employees, except those who serve in an honorary capacity, laborers and casual or
temporary workers, shall file under oath their Statement of Assets, Liabilities and Net Worth
and a Disclosure of Business Interests and Financial Connections and those of their spouses
and unmarried children under eighteen (18) years of age living in their households.

The two documents shall contain information on the following:

(a) real property, its improvements, acquisition costs, assessed value and
current fair market value;

(b) personal property and acquisition cost;

(c) all other assets such as investments, cash on hand or in banks, stocks,
bonds, and the like;

(d) liabilities, and;

(e) all business interests and financial connections.

The documents must be filed:

(a) within thirty (30) days after assumption of office;

(b) on or before April 30, of every year thereafter; and

(c) within thirty (30) days after separation from the service.

All public officials and employees required under this section to file the aforestated
documents shall also execute, within thirty (30) days from the date of their assumption of
office, the necessary authority in favor of the Ombudsman to obtain from all appropriate
government agencies, including the Bureau of Internal Revenue, such documents as may
show their assets, liabilities, net worth, and also their business interests and financial
connections in previous years, including, if possible, the year when they first assumed any
office in the Government.

Husband and wife who are both public officials or employees may file the required
statements jointly or separately.

The Statements of Assets, Liabilities and Net Worth and the Disclosure of Business
Interests and Financial Connections shall be filed by:
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 (1) Constitutional and national elective officials, with the national office of the
Ombudsman;

(2) Senators and Congressmen, with the Secretaries of the Senate and the
House of Representatives, respectively; Justices, with the Clerk of Court of the
Supreme Court; Judges, with the Court Administrator; and all national executive
officials with the Office of the President.

(3) Regional and local officials and employees, with the Deputy Ombudsman in
their respective regions;

(4) Officers of the armed forces from the rank of colonel or naval captain, with
the Office of the President, and those below said ranks, with the Deputy Ombudsman
in their respective regions; and

(5) All other public officials and employees, defined in Republic Act No. 3019, as
amended, with the Civil Service Commission.

(B) Identification and disclosure of relatives. - It shall be the duty of every public
official or employee to identify and disclose, to the best of his knowledge and information, his
relatives in the Government in the form, manner and frequency prescribed by the Civil
Service Commission.

(C) Accessibility of documents. - (1) Any and all statements filed under this Act, shall
be made available for inspection at reasonable hours.

(2) Such statements shall be made available for copying or reproduction after
ten (10) working days from the time they are filed as required by law.

(3) Any person requesting a copy of a statement shall be required to pay a

reasonable fee to cover the cost of reproduction and mailing of such statement, as well
as the cost of certification.

(4) Any statement filed under this Act shall be available to the public for a
period of ten (10) years after receipt of the statement. After such period, the statement
may be destroyed unless needed in an ongoing investigation.

(D) Prohibited acts. - It shall be unlawful for any person to obtain or use any
statement filed under this Act for:

(a) any purpose contrary to morals or public policy; or

(b) any commercial purpose other than by news and communications media for
dissemination to the general public.

Section 9. Divestment. - A public official or employee shall avoid conflicts of interest

at all times. When a conflict of interest arises, he shall resign from his position in any private
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business enterprise within thirty (30) days from his assumption of office and/or divest
himself of his shareholdings or interest within sixty (60) days from such assumption.

The same rule shall apply where the public official or employee is a partner in a
partnership.

The requirement of divestment shall not apply to those who serve the Government in
an honorary capacity nor to laborers and casual or temporary workers.

Section 10. Review and Compliance Procedure. - (a) The designated Committees of
both Houses of the Congress shall establish procedures for the review of statements to
determine whether said statements which have been submitted on time, are complete, and
are in proper form. In the event a determination is made that a statement is not so filed, the
appropriate Committee shall so inform the reporting individual and direct him to take the
necessary corrective action.

(b) In order to carry out their responsibilities under this Act, the designated
Committees of both Houses of Congress shall have the power within their respective
jurisdictions, to render any opinion interpreting this Act, in writing, to persons covered by
this Act, subject in each instance to the approval by affirmative vote of the majority of the
particular House concerned.

The individual to whom an opinion is rendered, and any other individual involved in a
similar factual situation, and who, after issuance of the opinion acts in good faith in
accordance with it shall not be subject to any sanction provided in this Act.

(c) The heads of other offices shall perform the duties stated in subsections (a) and (b)
hereof insofar as their respective offices are concerned, subject to the approval of the
Secretary of Justice, in the case of the Executive Department and the Chief Justice of the
Supreme Court, in the case of the Judicial Department.

Section 11. Penalties. - (a) Any public official or employee, regardless of whether or
not he holds office or employment in a casual, temporary, holdover, permanent or regular
capacity, committing any violation of this Act shall be punished with a fine not exceeding the
equivalent of six (6) months' salary or suspension not exceeding one (1) year, or removal
depending on the gravity of the offense after due notice and hearing by the appropriate body
or agency. If the violation is punishable by a heavier penalty under another law, he shall be
prosecuted under the latter statute. Violations of Sections 7, 8 or 9 of this Act shall be
punishable with imprisonment not exceeding five (5) years, or a fine not exceeding five
thousand pesos (P5,000), or both, and, in the discretion of the court of competent
jurisdiction, disqualification to hold public office.

(b) Any violation hereof proven in a proper administrative proceeding shall be sufficient
cause for removal or dismissal of a public official or employee, even if no criminal prosecution
is instituted against him.

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 (c) Private individuals who participate in conspiracy as co-principals, accomplices or
accessories, with public officials or employees, in violation of this Act, shall be subject to the
same penal liabilities as the public officials or employees and shall be tried jointly with them.

(d) The official or employee concerned may bring an action against any person who
obtains or uses a report for any purpose prohibited by Section 8 (D) of this Act. The Court in
which such action is brought may assess against such person a penalty in any amount not
to exceed twenty-five thousand pesos (P25,000). If another sanction hereunder or under any
other law is heavier, the latter shall apply.

Section 12. Promulgation of Rules and Regulations, Administration and

Enforcement of this Act. - The Civil Service Commission shall have the primary
responsibility for the administration and enforcement of this Act. It shall transmit all cases
for prosecution arising from violations of this Act to the proper authorities for appropriate
action: Provided, however, That it may institute such administrative actions and disciplinary
measures as may be warranted in accordance with law. Nothing in this provision shall be
construed as a deprivation of the right of each House of Congress to discipline its Members
for disorderly behavior.

The Civil Service Commission is hereby authorized to promulgate rules and

regulations necessary to carry out the provisions of this Act, including guidelines for
individuals who render free voluntary service to the Government. The Ombudsman shall
likewise take steps to protect citizens who denounce acts or omissions of public officials and
employees which are in violation of this Act.

Section 13. Provisions for More Stringent Standards. - Nothing in this Act shall be
construed to derogate from any law, or any regulation prescribed by any body or agency,
which provides for more stringent standards for its official and employees.

Section 14. Appropriations. - The sum necessary for the effective implementation of
this Act shall be taken from the appropriations of the Civil Service Commission. Thereafter,
such sum as may be needed for its continued implementation shall be included in the
annual General Appropriations Act.

Section 15. Separability Clause. - If any provision of this Act or the application of
such provision to any person or circumstance is declared invalid, the remainder of the Act or
the application of such provision to other persons or circumstances shall not be affected by
such declaration.

Section 16. Repealing Clause. - All laws, decrees and orders or parts thereof
inconsistent herewith, are deemed repealed or modified accordingly, unless the same provide
for a heavier penalty.

Section 17. Effectivity. - This Act shall take effect after thirty (30) days following the
completion of its publication in the Official Gazette or in two (2) national newspapers of
general circulation.

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 Republic Act No.4670
By: Leonardo C. Santos, Jr.

THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS

I. DECLARATION OF POLICY COVERAGE

Sec. 1. Declaration of Policy. It is hereby declared to be the policy of this Act to promote
and improve the social and economic status of public school teachers, their living and
working conditions, their terms of employment and career prospects in order that they may
compare favorably with existing opportunities in other walks of life, attract and retain in the
teaching profession more people with the proper qualifications, it being recognized that
advance in education depends on the qualifications and ability of the teaching staff and that
education is an essential factor in the economic growth of the nation as a productive
investment of vital importance.

Sec. 2. Title Definition. This Act shall be known as the "Magna Carta for Public School
Teachers" and shall apply to all public school teachers except those in the professorial staff of
state colleges and universities. As used in this Act, the term "teacher" shall mean all persons
engaged in classroom teaching, in any level of instruction, on full-time basis, including
guidance counselors, school librarians, industrial arts or vocational instructors, and all other
persons performing supervisory and/or administrative functions in all schools, colleges and
universities operated by the Government or its political subdivisions; but shall not include
school nurses, school physicians, school dentists, and other school employees.

II. RECRUITMENT AND CAREER

Sec. 3. Recruitment and Qualification. Recruitment policy with respect to the selection
and appointment of teachers shall be clearly defined by the Department of Education:
Provided, however, That effective upon the approval of this Act, the following shall constitute
the minimum educational qualifications for teacher- applicants: (a) For teachers in the
kindergarten and elementary grades, Bachelor's degree in Elementary Education (B.S.E.ED.);
(b) For teachers of the secondary schools, Bachelor's degree in Education or its equivalent
with a major and a minor; or a Bachelor's degree in Arts or Science with at least eighteen
professional units in Education. (c) For teachers of secondary vocational and two years
technical courses, Bachelor's degree in the field of specialization with at least eighteen
professional units in education; (d) For teachers of courses on the collegiate level, other than
vocational, master's degree with a specific area of specialization;

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.

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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.

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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.

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Sec. 18. Cost of Living Allowance. Teacher's salaries shall, at the very least, keep pace with
the rise in the cost of living by the payment of a cost-of-living allowance which shall
automatically follow changes in a cost-of-living index. The Secretary of Education shall, in
consultation with the proper government entities, recommend to Congress, at least annually,
the appropriation of the necessary funds for the cost- of-living allowances of teachers
employed by the National Government. The determination of the cost-of-living allowances by
the Secretary of Education shall, upon approval of the President of the Philippines, be
binding on the city, municipal or provincial government, for the purposes of calculating the
cost-of-living allowances of teachers under its employ.

Sec. 19. Special Hardship Allowances. In areas in which teachers are exposed to hardship
such as difficulty in commuting to the place of work or other hazards peculiar to the place of
employment, as determined by the Secretary of Education, they shall be compensated special
hardship allowances equivalent to at least twenty-five per cent of their monthly salary.

Sec. 20. Salaries to be Paid in Legal Tender. Salaries of teachers shall be paid in legal
tender of the Philippines or its equivalent in checks or treasury warrants. Provided, however,
That such checks or treasury warrants shall be cashable in any national, provincial, city or
municipal treasurer's office or any banking institutions operating under the laws of the
Republic of the Philippines.

Sec. 21. Deductions Prohibited. No person shall make any deduction whatsoever from the
salaries of teachers except under specific authority of law authorizing such deductions:
Provided, however, That upon written authority executed by the teacher concerned, (1) lawful
dues and fees owing to the Philippine Public School Teachers Association, and (2) premiums
properly due on insurance policies, shall be considered deductible.

IV. HEALTH MEASURES AND INJURY BENEFITS

Sec. 22. Medical Examination and Treatment. Compulsory medical examination shall be
provided free of charge for all teachers before they take up teaching, and shall be repeated
not less than once a year during the teacher's professional life. Where medical examination
show that medical treatment and/or hospitalization is necessary, same shall be provided free
by the government entity paying the salary of the
teachers. In regions where there is scarcity of medical facilities, teachers may obtain
elsewhere the necessary medical care with the right to be reimbursed for their traveling
expenses by the government entity concerned in the first paragraph of this Section.

Sec. 23. Compensation For Injuries. Teachers shall be protected against the consequences
of employment injuries in accordance with existing laws. The effects of the physical and
nervous strain on the teacher's health shall be recognized as a compensable occupational
disease in accordance with existing laws.

V. LEAVE AND RETIREMENT BENEFITS

Sec. 24. Study Leave. In addition to the leave privileges now enjoyed by teachers in the
public schools, they shall be entitled to study leave not exceeding one school year after seven
years of service. Such leave shall be granted in accordance with a schedule set by the
Department of Education. During the period of such leave, the teachers shall be entitled to at
least sixty per cent of their monthly salary: Provided, however, That no teacher shall be
allowed to accumulate more than one year study leave, unless he needs an additional
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semester to finish his thesis for a graduate study in education or allied courses: Provided,
further, That no compensation shall be due the teacher after the first year of such leave. In
all cases, the study leave period shall be counted for seniority and pension purposes. The
compensation allowed for one year study leave as herein provided shall be subject to the
condition that the teacher takes the regular study load and passes at least seventy-five per
cent of his courses. Study leave of more than one year may be permitted by the Secretary of
Education but without compensation.

Sec. 25. Indefinite Leave. An indefinite sick leave of absence shall be granted to teachers
when the nature of the illness demands a long treatment that will exceed one year at the
least.

Sec. 26. Salary Increase upon Retirement. Public school teachers having fulfilled the age
and service requirements of the applicable retirement laws shall be given one range salary
raise upon retirement, which shall be the basis of the computation of the lump sum of the
retirement pay and the monthly benefits thereafter.

VI. TEACHER'S ORGANIZATION

Sec. 27. Freedom to Organize. Public school teachers shall have the right to freely and
without previous authorization both to establish and to join organizations of their choosing,
whether local or national to further and defend their interests.

Sec. 28. Discrimination Against Teachers Prohibited. The rights established in the
immediately preceding Section shall be exercised without any interference or coercion. It
shall be unlawful for any person to commit any acts of discrimination against teachers which
are calculated to (a) make the employment of a teacher subject to the condition that he shall
not join an organization, or shall relinquish membership in an organization, (b) to cause the
dismissal of or otherwise prejudice a teacher by reason of his membership in an organization
or because of participation in organization activities outside school hours, or with the
consent of the proper school authorities, within school hours, and (c) to prevent him from
carrying out the duties laid upon him by his position in the organization, or to penalize him
for an action undertaken in that capacity.

Sec. 29. National Teacher's Organizations. National teachers' organizations shall be

consulted in the formulation of national educational policies and professional standards, and
in the formulation of national policies governing the social security of the teachers.

VII. ADMINISTRATION AND ENFORCEMENT

Sec. 30. Rules and Regulations. The Secretary of Education shall formulate and prepare
the necessary rules and regulations to implement the provisions of this Act. Rules and
regulations issued pursuant to this Section shall take effect thirty days after publication in a
newspaper of general circulation and by such other means as the Secretary of Education
deems reasonably sufficient to give interested parties general notice of such issuance.

Sec. 31. Budgetary Estimates. The Secretary of Education shall submit to Congress
annually the necessary budgetary estimates to implement the provisions of the Act
concerning the benefits herein granted to public school teachers under the employ of the
National Government.

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 Republic Act 6728
By: Leonardo C. Santos, Jr.

AN ACT PROVIDING ASSISTANCE TO STUDENTS AND TEACHERS

Section 1. Title. — This Act shall be known as the "Government Assistance To Students
and Teachers In Private Education Act."

Sec. 2. Declaration of Policy. — It is declared policy of the State in conformity with the
mandate of the Constitution, to promote and make quality education accessible to all Filipino
citizens. The State also hereby recognizes the complementary roles of public and private
educational institutions in the educational system and the invaluable contribution that the
private schools have made and will make to education. For these purposes, the State shall
provide the mechanisms to improve quality in private education by maximizing the use of
existing resources of private education, recognizing in the process the government
responsibility to provide basic elementary and secondary education as having priority over its
function to provide for higher education.

Sec. 3. Criteria for Assistance. — The programs for assistance shall be based on a set of
criteria which shall include, among others, tuition fees charged by the schools, the socio-
economic needs of each region, overall performance of the schools, the academic
qualifications and the financial needs of the students, as well as the geographic spread and
size of student population.
In addition to the foregoing criteria, within such reasonable time as the State
Assistance Council may determine, student grantees under the Private Education Student
Financial Assistance Program shall be enrolled in schools which have accredited programs or
are applying for accreditation as determined by the Federation of Accrediting Agencies of the
Philippines, namely: The Philippine Association of Accredited Schools, Colleges and
Universities, the Association of Christian Schools and Colleges Accrediting Agency, and the
Philippine Association of Colleges and Universities Commission on Accreditation.
Preference shall be given to students whose family income is not more than thirty six
thousand pesos (P36,000) or such amount as may be determined by the Council, as defined
hereinafter.
For purposes of this Act, programs of assistance to students of private post-secondary
education shall likewise be extended to students of community colleges and students in non-
degree programs including vocational and technical courses. Implementation of the program
shall encourage students to undergo tertiary education in the same region where their
families reside.
The programs of assistance under this Act shall be extended only to students who are
citizens of the Philippines.

Sec. 4. Forms of Assistance. — Assistance to private education shall consist of:

Tuition fee supplements for students in private high schools, including students in vocational
and technical courses;

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High School Textbook Assistance Fund: Provided, That students in public schools shall be
provided a comprehensive textbook program under the Secondary Education Development
Program (SEDP);
Expansion of the existing Educational Service Contracting (ESC) Scheme;
The voucher system of the Private Education Student Financial Assistance Program (PESFA);
Scholarship grants to students graduating as valedictorians and salutatorians from
secondary schools;
Tuition fee supplements to students in private colleges and universities;
Education Loan Fund; and
College Faculty Development Fund.

Sec. 5. Tuition Fee Supplement for Students in Private High School. — (1) Financial
assistance for tuition for students in private high schools shall be provided by the
government through a voucher system in the following manner:
(a) For students enrolled in schools charging less than one thousand five hundred pesos
(P1,500) per year in tuition and other fees during school year 1988-1989 or such amount in
subsequent years as may be determined from time to time by the State Assistance Council:
The Government shall provide them with a voucher equal to two hundred ninety pesos
(P290.00): Provided, That the student pays in the 1989-1990 school year, tuition and other
fees equal to the tuition and other fees paid during the preceding academic year: Provided,
further, That the Government shall reimburse the vouchers from the schools concerned
within sixty (60) days from the close of the registration period: Provided, furthermore, That
the student's family resides in the same city or province in which the high school is located
unless the student has been enrolled in that school during the previous academic year.
(b) For students enrolled in schools charging above one thousand five hundred pesos
(P1,500) per year in tuition and other fees during the school year 1988-1989 or such amount
in subsequent years as may be determined from time to time by the State Assistance Council,
no assistance for tuition fees shall be granted by the Government: Provided, however, That
the schools concerned may raise their tuition fees subject to Section 10 hereof.
(2) Assistance under paragraph (1), subparagraphs (a) and (b) shall be granted and tuition
fees under subparagraph (c) may be increased, on the condition that seventy percent (70%) of
the amount subsidized allotted for tuition fee or of the tuition fee increases shall go to the
payment of salaries, wages, allowances and other benefits of teaching and non-teaching
personnel except administrators who are principal stockholders of the school, and may be
used to cover increases as provided for in the collective bargaining agreements existing or in
force at the time when this Act is approved and made effective: Provided, That government
subsidies are not used directly for salaries of teachers of non-secular subjects. At least
twenty percent (20%) shall go to the improvement or modernization of buildings, equipment,
libraries, laboratories, gymnasia and similar facilities and to the payment of other costs of
operation. For this purpose, school shall maintain a separate record of accounts for all
assistance received from the government, any tuition fee increase, and the detailed
disposition and use thereof, which record shall be made available for periodic inspection as
may be determined by the State Assistance Council, during business hours, by the faculty,
the non-teaching personnel, students of the school concerned, the Department of Education,
Culture and Sports and other concerned government agencies.

Sec. 6. High School Textbook Assistance Fund. — There shall be established in the
Department of Education, Culture and Sports (DECS) a High School Textbook Assistance
Fund, so that an assistance on a per student basis shall be given to private schools charging
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less than one thousand five hundred pesos (P1,500.00) for 1988-1989 per year, or such
amount in subsequent years as may be determined from time to time by the State Assistance
Council, exclusively for the purchase of high school textbooks, in support of the
implementation of the Secondary Education Development Program: Provided, That such fund
shall not be used for the purchase of books that will advance or inhibit sectarian interest:
Provided, further, That such textbooks are included in the list approved by the Department of
Education, Culture and Sports.

Sec. 7. Expansion of the Existing Educational Service Contracting (ESC) Scheme. —

(a) The Department of Education, Culture and Sports (DECS) shall continue to enter into
contracts with private schools whereby the Government shall shoulder the tuition and other
fees of excess students in public high schools who shall enroll under this program. It shall
settle all outstanding obligations before contracting new obligations.
(b) The Department shall also enter into contract with private schools in communities where
there are no public high schools, in which case the Department shall shoulder the tuition
and other fees of students who shall enroll in said private schools. The number of such
schools assisted by the program will be increased every year such that all schools in this
category will be assisted within four (4) years from the promulgation of this Act.
(c) The amount of assistance to be given by the Government under this Section shall not
exceed that determined as the per student cost in public high schools.
(d) The Department shall fully pay the subsidized amount to participating schools not later
than the end of the schoolyear, unless the delay incurred is attributable to the participating
schools.
(e) The amount of assistance shall be allocated and distributed among the fourteen (14)
regions in proportion to the total population as well as the high school age population for the
first school year: Provided, That starting school year 1990, an equalization scheme shall be
implemented by the State Assistance Council.

Sec. 8. Assistance to College Freshmen. —

(a) The Voucher System of Private Education Student Financial Assistance (PESFA) Program.
The existing Private Education Student Financial Assistance (PESFA) Program which covers
degree and vocational/technical courses shall be expanded so that a minimum of ten percent
(10%) for the school year 1989, fifteen percent (15%) for the school year 1990, twenty percent
(20%) for the school year 1991, twenty-five percent (25%) for the school year 1992 and
thereafter, of all enrolling first year students can benefit from a full or partial scholarship,
plus an allowance. Such financial assistance shall be granted to deserving underprivileged
students, who shall be selected on the basis of family income, geographic spread and results
of competitive examinations to be given by the Department of Education, Culture and Sports
to students in all secondary schools. The program shall be equitably allocated to provinces
and cities in accordance with regional and national plans to priority courses as determined
by the Department of Education, Culture and Sports in coordination with the National
Economic Development Authority (NEDA). The priority courses shall be submitted to
Congress at the start of this program and any changes thereon periodically.
For purposes of this Act, an underprivileged student shall refer to a student whose annual
gross income, if any, and that of the combined annual gross income of his parents do not
exceed thirty-six thousand pesos (P36,000).
(b) Tuition Waiver. — Private colleges and universities shall provide for full or half tuition
waivers for five percent (5%) of the entering freshmen, which shall include among others,
valedictorians and salutatorians of both public high schools and private high schools
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charging less than one thousand five hundred pesos (P1,500) per student per year as of
school year 1988-1989, or such amount in subsequent years as may be determined by the
State Assistance Council: Provided, That those valedictorians and salutatorians meet
admission tests and retention requirements of the schools concerned. For this purpose, the
tuition rates for entering freshmen in all private schools and colleges may be determined by
the school itself, after appropriate consultations with parents, students and the alumni of the
school. For this purpose, audited financial statements shall be made available to authorized
representatives of these sectors.
(c) Allowance of Valedictorians. — Subject to rules and regulations as may be promulgated by
the State Assistance Council, valedictorians referred to under subparagraph (b) above, may,
in addition to tuition waivers granted by the school concerned, be entitled to such allowances
from the government as are provided to PESFA grantees, provided they shall enroll in priority
courses.
(d) Allowance for other Honorees. — In case the graduating class is composed of more than
two hundred and fifty students, all salutatorians and first honorable mention graduates
thereof may also be entitled to the allowance granted to valedictorians under the preceding
paragraph.

Sec. 9. Further Assistance To Students in Private Colleges and Universities. — Tuition

fee supplements for non-freshmen students of private colleges and universities in priority
course programs determined by the Department of Education, Culture and Sports shall be
provided by the government through a voucher system in the following manner:
(a) For re-enrolling students in priority programs in schools, charging an effective per-unit
tuition rate of eighty pesos (P80) or less per unit or such amount in subsequent years as may
be determined by the State Assistance Council: The Government shall provide the student
with a voucher with a value equivalent to the tuition fee increase: Provided, That all schools
in this category shall not be allowed to raise their fees by more than twelve pesos (P12.00)
per unit, for both priority and non-priority courses; and Provided, That such assistance shall
be given only to students who have completed one academic year by June 1989 in priority
programs and shall not apply to future college students and to current college students who
transfer outside of their region.
(b) For students in schools charging an effective per unit tuition rate of more than eighty
pesos (P80) per unit or such amount in subsequent years as may be determined from time to
time by the Senate Assistance Council: The Government shall provide no assistance, and the
schools can determine their own tuition rates, subject to Section 10 hereof: Provided, That
they grant full or half-tuition waivers to five percent (5%) of all their students.
(c) Schools with accredited programs charging a tuition rate of less than eighty pesos
(P80.00) per unit or such amount in subsequent years as may be determined from time to
time by the State Assistance Council, may continue to determine tuition rates, subject to
Section 10 hereof, and non-freshmen students in their accredited priority courses will be
entitled to a voucher equivalent to the tuition increase as in paragraph (a) hereof.
(d) Government assistance and tuition increases as described in this Section shall be
governed by the same conditions as provided under Section 5 (2).

Sec. 10. Consultation. — In any proposed increase in the rate of tuition fee, there shall be
appropriate consultations conducted by the school administration with the duly organized
parents and teachers associations and faculty associations with respect to secondary schools,
and with students governments or councils, alumni and faculty associations with respect to
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colleges. For this purpose, audited financial statements shall be made available to authorized
representatives of these sectors. Every effort shall be exerted to reconcile possible differences.
In case of disagreement, the alumni association of the school or any other impartial body of
their choosing shall act as arbitrator.

Sec. 11. Education Loan Fund. —

(a) "Study Now, Pay Later Plan". There is hereby created a special fund to be known as the
Students' Loan Fund to be administered by the Department of Education, Culture and
Sports, or upon delegation by the Department, by the Student Loan Fund Authority created
under Republic Act No. 6014 which is hereby reinstituted pursuant to the terms of the same
Republic Act which shall be used to finance educational loans to cover matriculation and
other school fees and educational expenses for book, subsistence and board and lodging.
(b) Amounts covering payments for tuition, matriculation and other school fees shall be paid
directly to the school concerned.
(c) Any loan granted under this Section shall be paid by the student-debtor after he has
finished the course or profession for which the proceeds of the loan was expended, but only
after a period of two (2) years from the time he has acquired an employment: Provided,
however, That interest at the rate of not more than twelve percent per annum shall accrue on
the balance thereof.
(d) Social Security Fund. The Social Security System Fund shall make available low interest
educational loans to its members and to private educational institutions for school buildings
and/or improvement of their plants and facilities.

Sec. 12. Limitation. — The right of any student to avail himself of the benefits under this
Act shall not apply:
(a) If he fails for one (1) schoolyear in the majority of the academic subjects in which he has
enrolled during the course of his study unless such failure is due to some valid cause beyond
his control; and
(b) If he enrolls for the first time, or transfers, outside of the region where he is domiciled
unless the course he wants to pursue is a priority course as determined by the Department
of Education, Culture and Sports and is not offered in any private school in his region.

Sec. 13. College Faculty Development Fund. — For the purpose of improving the quality
of teaching in higher education, there is hereby established in Department of Education,
Culture and Sports a College Faculty Development Fund to provide for scholarships for
graduate degrees and non-degree workshops or seminars for faculty members in private
colleges and universities: Provided, That faculty member recipients of such scholarships shall
serve three (3) years return service for every year of scholarship availed of. The scholarship
shall be in priority courses as determined by the Department of Education, Culture and
Sports in coordination with the National Economic Development Authority (NEDA) and
cannot be awarded to promote or inhibit sectarian purposes.

Sec. 14. Program Administration/Rules and Regulations. — The State Assistance

Council shall be responsible for policy guidance and direction, monitoring and evaluation of
new and existing programs, and the promulgation of rules and regulations, while the
Department of Education, Culture and Sports shall be responsible for the day to day
administration and program implementation. Likewise, it may engage the services and
support of any qualified government or private entity for its implementation.

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The State Assistance Council (SAC), hereinafter known as the Council, shall be headed by
the Secretary of Education, Culture and Sports as chairman, with representatives from
NEDA, DBM, DOST, and representatives from duly organized nationwide associations of
teachers, students and school administrators as members. The last three (3) members shall
be appointed by the President upon the recommendation of their respective sectors for a term
of four (4) years.
The Council shall meet, from time to time, as the need arises, to assess the effectivity of the
programs and to ensure that schools, colleges and universities where student recipients are
enrolled continue to provide quality education. For this purpose, the Council shall establish
criteria, including accreditation status, to determine which schools, colleges and universities
may continue to enroll students who are recipients of government assistance under this Act.

Sec. 15. Appropriations. —

(a) The appropriations of the Department of Education, Culture and Sports authorized in
General Appropriations Act for Fiscal Year 1989, Republic Act No. 6688, for A.7.d
Implementation of programs for secondary education, A.7.e Implementation of programs for
higher education, A.7.g Implementation of free secondary education shall be reduced as far
as practicable on a proportionate basis by region to provide funds for the requirements of
this Act in Fiscal Year 1989: Provided, That savings from any other item of appropriation of
the Department of Education, Culture and Sports may be utilized for the implementation of
this Act in Fiscal Year 1989: Provided, further, That any deficiency shall be taken from any or
all of the following sources:
Portions of the coconut levies authorized under Republic Act No. 620 and Presidential Decree
No. 1468 and other laws earmarked to finance scholarships for the benefit of deserving
children of the coconut farmers, and the income thereof: Provided, That such funds shall be
used exclusively for the program of assistance for said children including their books, board
and lodging and other allowances in case these are not provided in a particular program of
assistance;
Twenty percent (20%) of the travel tax and airport departure tax collections;
Ten percent (10%) of any funds collected by the Sugar Regulatory Administration or the
Philippine Coconut Authority for students in provinces where they are collected;
Ten percent (10%) of the net income of the Development Bank of the Philippines;
Portions of the Overseas Welfare Fund to benefit the dependents or children of overseas
workers; and
Any other lump sum appropriations or collections under the supervision and control of the
Office of the President.
Provided, finally, That the total amount made available to carry out the purposes of this Act
shall not exceed five hundred million pesos (P500M) for Fiscal Year 1989.
Thereafter, such amount as may be necessary for its continued implementation shall be
included in the annual General Appropriations Act.
(b) The amount of assistance on a per student basis as determined under Section 5(a) and (b)
and Section 9(a) of this Act shall remain the same for the subsequent years unless Congress
provides otherwise.

Sec. 16. Penalties. — In case of any violation of the provisions of this Act or the rules and
regulations promulgated pursuant thereto by an institution, the Department of Education,
Culture and Sports, upon the recommendation of the Council, may bar the institution from
participating in or benefiting from the programs of this Act, and from other programs of the
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Department, without prejudice to administrative and criminal charges as may be filed
against the school and/or its responsible officers under existing laws.
Any school who shall refuse, as required under paragraph (1) (c) of Section 5, Section 8 (b)
and Section 9 (b), to furnish copies of their audited financial statements to concerned sectors
with whom they are having consultations prior to tuition fee increases, shall forfeit the right
to increase their tuition fees, in addition to other penalties or sanctions as may be imposed
under the preceding paragraph or by existing laws.

Sec. 17. Repealing Clause. — All laws and decrees particularly Presidential Decree Nos.
932 and 1371 and such letters of instruction, rules and regulations or parts thereof which
are inconsistent with this Act are hereby repealed or modified accordingly.

Sec. 18. Separability Clause. — If any provision of this Act is declared unconstitutional,
the same shall not affect the validity and effectivity of the other provisions not affected
thereby.

Sec. 19. Effectivity Clause. — This Act shall take effect immediately upon its publication
in English in an English newspaper and in Filipino in a Filipino newspaper, both of general
circulation.

Approved: June 10, 1989

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 K -12 Implementation
By: Femar B. Calizar

WHAT IS THE K TO 12 PROGRAM?

➢ The K to 12 Program covers 13 years of basic education with the following key stages:
-Kindergarten to Grade 3
- Grades 4 to Grade 3
- Grades 7 to 10 (Junior High school)
- Grades 11 and 12 (Senior High School).

WHY ARE WE ARE IMPLEMENTING 12 YEARS OF BASIC EDUCATIO?

➢ The Philippines is the last country in Asia and one of only three countries worldwide
with a 10 – year pre- university cycle (Angola and Djibouti are the other two).
➢ A 12year program is found to be the best period for learning under basic education. It
is also the recognized standard for students and professionals globally.

HOW WILL K TO 12 AFFECT THE COLLEGE CURRICULUM?

➢ The College General Education curriculum will have fewer units. Subjects that have
been taken up in Basic Education will be removed from the College General Education
curriculum.
➢ Details of the new GE Curriculum may be found in CHED MEMORANDUM ORDER
NO. 20, SERIES OF 2013. Curriculum
➢ How will the current curriculum be affected by K to 12? What subjects will be added
and removed?
➢ The current curriculum has been enhanced for K to 12 and now gives more focus to
allow mastery of learning.
➢ For the new Senior High School grades ( Grades 11 and 12 ), core subjects such as
Mathematics, Science and Language will be strengthened. Specializations or tracks in
students’ areas of interest will also be offered.
➢ Changes to specific subjects are detailed in the K to 12 Curriculum Guides, viewable
and downloadable at bit.ly/kto12curriculum.

How will schools implementing special curricular programs such as science high
schools, high schools for arts, and technical vocational schools be affected by K to 12?
➢ Schools with special curriculum programs will implement enrich curriculums specific
to their program ( e.g. science, arts )following the K to 12 standards.

How will specific learning gro ups such as indigenous people, Muslim learners, and
people with special need be affected by K to 12?
➢ The K to 12 Curriculum was designed to address diverse learner needs, and may be
adapted to fit specific learner groups.

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Which Mother Tongue will be used as the language of instruction in multi- cultural
areas?
➢ The principle of MTB-MLE is to use the language that learners are most comfortable
and familiar with; therefore, the common language in the area or lingua franca shall
be used as the language of instruction.

➢ There are currently 19 mother tongue languages :

- Akianon - Kinaray-a
- Bahasa Sug - Maguindanaoan
- Bikol - Meranao
- Cebuano - Pangasinense
- Chabacano - Sambal
- Hiligaynon - Surigaonon
- Iloko - Tagalog
- Ivatan - Waray
- Kapampangan - Yakan
- Ybanag

KINDERGARTEN CONCERNS

Under K to 12, will Kindergarten be a pre- requisite for entering Grade 1?

➢ Yes, Republic Act No. 10157, or the Kindergarten Education Act, institutionalizes
Kindergarten as part of the basic education system and is a pre- requisite for
admission to Grade 1.

With K to 12, will there be an overlap between the Day Care program of Local
Government Units (LGUs) and Dep Ed Kindergarten ?
➢ No. Day Care Centers of LGUs take care of children aged 4 or below, while the Dep Ed
Kindergarten program is intended for children who are at least 5 years old by October
31st of the present school year.

With K to 12, should schools prepare permanent records for Kindergarten students?
➢ Yes. While the assessment on readiness skills of students in Kindergarten is not
academically driven, a good measure of the child’s ability to cope with formal schooling
is needed for future learning interventions.

Who is in charge of Kindergarten teacher compensation?

➢ Dep Ed is the main agency that employs and pays Kindergarten teachers in public
schools. However, there are LGUs that help in the Kindergarten program and provide
honoraria for additional Kindergarten teachers in public schools.

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What is Senior High School?
➢ Senior High School (SHS) covers the last two years of the K12 program and includes
Grades 11 and 12. In SHS, students will go through a core curriculum and subjects
under a track of their choice.

Will SHS mean two more years of High School?

➢ Yes. These two additional years will equip learners with skills that will better prepare
them for the future, whether it be:
- Employment
- Entrepreneurship
- Skills Development (Further Tech – Voc training)
- Higher Education (College)

Will the additional two years of High School mean additional expenses?
➢ Not necessarily.
➢ Senior High School “completes” basic education by making sure that the school
graduate is equipped for work, entrepreneurship, or higher education. This is a step
up from the 10-year- cycle where high school graduates still need further education
and (expenses) to be ready for the world.
➢ SHS will be offered free in public schools and there will be a voucher program in place
for public junior high school completers as well as as ESC beneficiaries of private high
schools should they choose to take SHS in private institutions.
➢ This means that the burden of expenses for the additional two years need not be
completely shouldered by parents.

What will I learn in SHS that the current high school curriculum doesn’t include?
➢ Senior High School covers eight (8) learning areas as part of its score curriculum, and
adds specific tracks (similar to college courses) bases on tour (4) disciplines.
➢ Academic (which includes Business, Science and Engineering, Humanities and Social
Science, and a General Academic strand.
➢ Technical- Vocational;Livelihood ( with highly specialized subjects with TESDA
qualifications)
➢ Sports
➢ Arts and Design
➢ SHS students may pick a track based on how he or she will want to proceed after high
school graduation. You can learn more about the tracks and strands (as well as their
curriculum) in the K to 12 Curriculum Guides.

Will SHS ensure employment for me?

➢ SHS cannot guarantee employment; but it creates the following opportunities:
- Standard requirements will be applied to make sure graduates know enough to be
hirable.
- You will now be able to apply for TESDA Certificates of Competency (COC’s) and
National Certicates (NCs) to provide you with better work opportunities.
- Partnerships with different companies will be offered for technical and vocational
courses.

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-You can now get work experience while studying; and companies can even hire you
after you graduate.
➢ Entrepreneurship courses will now be include. Instead of being employed, you can
choose your own business after graduating, or choose to further your education by
going to college.

How will SHS affect my college education?

➢ SHS, as part of the K to 12 Basic Curriculum, was developed in line with the
curriculum of the Commission of Higher Education (CHED)- the governing body for
college and university education in the Philippines.
➢ This ensures that by the time you graduate from Senior High School, you will have the
standard knowledge, skill How will students choose their Senior High School
specializations?

➢ Students will undergo assessments to determine their strengths and interest. These
will include an aptitude test, a career assessment exam, and an occupational interest
inventory for high schools. Career advocacy activities will also be conducted to help
guide students in choosing their specialization or track.

How will student specializations/ tracks be distributed across Senior High Schools?
➢ Specializations or tracks to be offered will be distributed according to the resources
available in the area, the needs and interest of most students, and the opportunities
and demands of the community.

Is SHS really necessary to the law?

➢ Yes, according to the law.
Beginning SY 2016-2017, you must go through Grades 11 and 12 graduate from High
School.
If I choose not to go to SHS, what happens to me?
➢ You will be a grade 10 completer, but not a high school graduate.
Elementary graduates are those who finish Grade 6; high school graduates must have
finished Grade 12.
Where can I find out more at the K to 12?
You can also ask your school administration (public or private) to contact the Dep Ed
division office to help organize an orientation seminar.

THANK YOU……..AND GOD BLESS…..

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 Labor Management Implication Challenges
By: Gemaline V. Mallillin

What Challenges Do Unions Pose for Human Resource Management?

In a unionized work environment, it's critical that the labor union and human
resources management work together to sustain a productive and engaged workforce. The
presence of a labor union poses a number of challenges for HR management. Identifying and
addressing these challenges head-on is an effective way to approach the labor-management
relationship and dispel the notion that labor unions and companies must be adversaries to
create a positive work environment.

Labor Law

Many human resources departments have employee relations specialists who

investigate workplace issues, develop employee recognition programs and administer
employee opinion surveys. One the challenges that HR management faces in a unionized
work environment is having the in-house expertise to handle labor-management issues.
Some employee relations specialists are dually qualified in labor relations and labor law.
However, if the HR department doesn't have someone in-house to handle immediate
questions regarding the union or a union work environment, it has to bring in someone who
does.

Bargaining

Depending on the complexity of the collective bargaining agreement, HR management

has to prepare for contract negotiations with the labor union several weeks to several months
in advance of the expiration date of the agreement. During the time leading up to contract
negotiations, HR management has to consult with compensation specialists about wages,
increases, and health and retirement benefits to produce proposals that the company
believes the labor union will accept. Developing the company's bargaining strategy can be
challenging, particularly when HR management first must negotiate a series of contingent
rates to include in their proposals to the union during contract negotiations.

Payroll Adjustments

A standard clause in many labor union contracts is dues checkoff. Dues checkoff
means the employer assumes responsibility for deducting labor union dues from their
employees' paychecks and forwarding the amount to the union. It might not seem like much
work, especially given the ease with which technology can process payroll. However, it's not
the process that's challenging for HR management. It's the level of accountability for HR
assumes for ensuring appropriate amounts are deducted from union members' pay.

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Employee Grievances

In a nonunion work environment, employees can talk to a supervisor or a manager

about any of their concerns about the work environment. An employee in a nonunion
environment can even ask for a raise, voice his objection to a disciplinary warning or ask to
be transferred or promoted, even if he doesn't have a lengthy career with the company. The
challenge that a labor union poses for HR management is the grievance processes that are in
place by virtue of the collective bargaining agreement. Labor union contracts contain specific
guidelines for HR management and union leadership in handling employee complaints and
issues about working conditions.

Union Organizing

Labor unions also present challenges for HR management in nonunion work

environments. There always exists a possibility that a union will attempt to organize workers,
and HR management is challenged to develop a strategy for maintaining a union-free
workplace. During a representation campaign, labor unions work diligently to persuade
employees to exercise their rights to engage in collective activity. HR management must train
supervisors and managers on strict adherence to laboratory conditions during a union
representation campaign. Failure to adhere to labor laws can result in stiff penalties and
fines for employers that spy on labor union organizing efforts, threaten employees the
company believes are engaging in collective activity, questions employees about their support
for the union or promise employees better wages if they stop supporting the labor union.

LABOR MANAGEMENT SYSTEM

An LMS is software that takes employee activity data and reports productivity levels on
a group of employees, or individual employees. Having an LMS helps organizations optimize
workforce productivity by gaining visibility where their workforce labor dollars are being
spent and how to optimize their labor. The LMS constantly captures and integrates data from
multiple sources: Warehouse Management Systems, time clocks, RF scan, MRP, ERP, CRM
and more.

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An LMS Reveals:
1. Which employees to promote or reward, and which might need training or
counseling.
2. Which processes need improvement because they are inefficient or many employees
are struggling with it.
3. Staffing levels needed for work forecast, so you have just the right amount of staff
for the job
4. Which customers are making/losing you money on labor
5. How much time and money is being spent on each indirect or non-value-add
process

What an LMS Costs

Most LMS providers don’t clearly publish the true cost. Often, LMS’s are rolled into the
cost of their WMS, but then they hit up the facility with consulting, and ongoing industrial
engineering to update standards with human engineers – because rigidly coupled, inflexible
LMS’s require it. However, a ballpark is: Traditional enterprise LMS’s cost between $250K –
$1M per facility, between software licensing, industrial engineering and implementations
plus ongoing licensing and support fees.
Easy Metrics is cloud based, not traditional, with a greatly streamlined implementation
process. Easy Metrics LMS is a fraction of the cost of traditional systems but delivers similar
results. The typical facility leveraging Easy Metrics needs to save less than 1% of their total
labor costs to breakeven and achieves a positive ROI within 5 to 8 months.

How Long for Implementation?

The Easy Metrics LMS takes ~1 month to implement, in fact once we receive client
data, we can have it mapped into our system in two weeks. There are times when more
customization is required and as this customization increases the timeline for
implementation can change but our customers realize value quickly in any scenario.

Pay For Performance

PFP program will typically double the productivity gain that would be achieved over
LMS tracking alone.
Gainsharing, or pay for performance, rewards the employee with a bonus as they
increase their productivity. It is important to understand your cost accounting by process
for labor so the bonuses you pay out to employees come from measurable savings in the
process. As an example, if the labor cost per unit is $1 and through productivity
improvements the cost drops to $0.80, the employee could receive $0.05 per unit as a bonus.

As a general rule of thumb, with LMS alone, expect 10-20% gains in productivity.
When pay for performance is applied, improvements are 25-50%.

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 Presidential Decree No. 451
By: Gemaline V. Mallillin

AUTHORIZING THE SECRETARY OF EDUCATION AND CULTURE

TO REGULATE THE IMPOSITION OF TUITION AND OTHER SCHOOL FEES,
REPEALING REPUBLIC ACT NO. 6139, AND FOR OTHER PURPOSES

WHEREAS, private schools, colleges and universities have been faced with
increasingly serious problems arising from decreasing incomes due to slump in enrolment
and increasing operational costs brought about by the rise in prices of instructional
materials and educational, as well as allied services;

WHEREAS, it is imperative that private educational institutions upgrade classroom

instruction by improving their facilities and hiring competent teachers in all levels of
education, provide salary and or wage increases and other benefits to their teaching,
administrative and other personnel to keep up with the increasing cost of living;

WHEREAS, the procedure prescribed under R.A. No. 6139 for the increase of tuition
and other school fees has been proved to be too cumbersome and time-consuming, and is not
conducive to the growth and improvement of private educational institutions and the well-
being of their employees, particularly those in the lower income groups and

WHEREAS, in order to alleviate the sad plight of private schools, their personnel and
all those directly and indirectly dependent on school incomes it advisable and necessary that
the cumbersome and time-consuming procedures fixed under Republic Act No. 6139 for
increasing tuition fees be simplified without opening the flood-gates to abuse of the right to
increase tuition and other school fees.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by

virtue of the powers vested in me by the Constitution do hereby decree and order the
following as part of the law of the land:

Section 1. Authority of Secretary of Education and Culture. Within the limits and
under the circumstances set forth in this Decree, the Secretary of Education and Culture
shall have the authority to regulate the imposition of tuition and other school fees or charges
by any and all private schools as defined under Act Numbered Two thousand seven hundred
and six, as amended. No changes in the rates of tuition or other school fees or charges shall
be effective without the prior approval of the Secretary of Education and Culture. New school
fees or charges to be imposed by new or existing schools, whether for new courses or other
matters, shall be at such reasonable rates as may be determined by the Secretary of
Education and culture based on the standard of such school.

Section 2. Application and Documents Required. Any private school which desires to
revise its rates of tuition or other school fees or charges or to impose other fees or charges

137
shall file application therefor with the Secretary of Education and Culture. The application
shall include:

(a) Statement of the itemized current rates of tuition and other charges and the
corresponding itemized proposed changes thereon, as well as the new fees or charges
proposed to be imposed, and of the proposed allocation of the incremental proceeds in
accordance with Section 3(a) hereof. Such statements shall, when accomplished be
under oath by the proper official (s) of the school concerned;

(b) Financial statement showing the financial status of the school duly certified by a
certified public accountant;

(c) A copy of the last tax return, where required, filed with the Bureau of Internal
Revenue.

Section 3. Limitations. The increase in tuition or other school fees or other charges as
well as the new fees or charges authorized under the next preceding section shall be subject
to the following conditions:

(a) That no increase in tuition or other school fees or charges shall be approved unless
sixty (60%) per centum of the proceeds is allocated for increase in salaries or wages of
the members of the faculty and all other employees of the school concerned, and the
balance for institutional development, student assistance and extension services, and
return to investments: Provided, That in no case shall the return to investments
exceed twelve (12%) per centum of the incremental proceeds; and

(b) That any such increase shall in no case exceed fifteen (15%) per centum of the
rates charged during the preceding school year.

Section 4. Rules and Regulations. The Secretary of Education and Culture is hereby
authorized, empowered and directed to issue the requisite rules and regulations for the
effective implementation of this Decree. He may, in addition to the requirements and
limitations provided for under Sections 2 and 3 hereof, impose other requirements and
limitations as he may deem proper and reasonable.

Section 5. Prohibitions. No school administration or office or division thereof shall

hold or sponsor any benefit performance, movies, concerts, dramatic presentation, games
and/or shows of whatever kind or nature whether for charity or otherwise. Any such act on
the part of the school administration or office or division thereof shall be considered a
circumvention of this law and shall be sufficient cause for the cancellation of the approval of
any previous increase in tuition or other school fees and shall subject the school official
concerned to such disciplinary action as the Secretary of Education and Culture may deem
proper including the revocation on any decree conferred by authority of the Government.

Section 6. Review of Financial Statements. Financial statements submitted in

accordance with the provisions of Section 2 hereof may be reviewed by the Commission on
Audit at the instance of the Secretary of Education and Culture whenever he believes that

138
the same is necessary for verification purposes. For this purpose, the Commission on Audit
is authorized to examine the pertinent books and record of the school concerned.

Section 7. Additional Scholarships. As a further condition to any grant of increase in

tuition or other school fees, private schools with a total enrolment of at least one thousand,
are hereby required to provide free scholarships to poor but deserving students at the ratio of
one (1) free scholarship for every five hundred (500) pupils/students enrolled: Provided, That
this requirement shall be exclusive of the present practice of private schools offering
scholarship privileges to valedictorians and salutatorians and other pupils/students who
have achieved scholastic distinctions. Neither shall other forms of scholarships such as those
offered to athletes and working students be included in arriving at the proper number of poor
but deserving pupils/students to be given free scholarships.

Section 8. Penal Clause. Any violation of the provisions of this Decree or of the rules
or regulations promulgated pursuant thereto or any final decision made by the Secretary of
Education and Culture shall be punishable by a fine of five thousand (P5,000.00) pesos or
imprisonment of two years or both at the discretion of the court which penalty shall be
imposed on the official(s) of the private school or on any person acting for and in behalf of the
school directly responsible for the violation. If the violator is a public official the same penalty
shall be imposed without prejudice to any administrative action which may be taken against
him.

Section 9. Repealing Clause. Republic Act No. 6139 is hereby repealed, and all laws,
decrees, executive orders, directives and rules and regulations inconsistent herewith are
likewise repealed, amended or modified accordingly.

Section 10. Effectivity. This Decree shall take effect immediately.

Done in the City of Manila, this 11th day of May, in the year of Our Lord, nineteen hundred
and seventy-four.

DEC ISSUANCE
IMPLEMENTING RULES AND REGULATIONS FOR PRESIDENTIAL DECREE NO. 451

Pursuant to Section 4 of Presidential Decree No. 451, in relation to Section 1 thereof,

the following implementing rules and regulations are hereby prescribed and promulgated for
the guidance of all concerned:

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.

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 Section 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.

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.

Section 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.

Section 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.

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.

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.

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.

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.

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 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.

Section 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.

Section 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.

Section 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.

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 Section 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.

Section 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: 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.

Section 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 Section 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.

Section 2. Penal Provision. Pursuant to Section 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.

Section 3. Repealed Clause. All existing rules and regulations inconsistent with the
present Implementing Rules and Regulations are repealed, cancelled, revoked, or modified
accordingly.

Section 4. Effectivity. These implementing rules and regulations shall be effective

immediately. Manila Philippines, May 13, 1974.

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 Republic Act No.5546
By: Maricel A. Cainglet

AN ACT TO FURTHER AMEND REPUBLIC ACT NUMBERED FOUR THOUSAND TWO

HUNDRED SIX ENTITLED “AN ACT PROHIBITING THE COLLECTION OF
CONTRIBUTIONS FROM SCHOOL CHILDREN OF PUBLIC PRIMARY,
INTERMEDIATE AND HIGH SCHOOLS

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

Assembled:

Sec.1 The sale of tickets and/or the collection of contributions in any form whatsoever ,
by any person for any project or purpose , weather voluntary or otherwise from school
children , students and teachers of public and private schools, colleges and universities is
hereby prohibited; provided ; however ,That this prohibition shall not cover membership fees
of school children and students in the Red Cross , the girls scouts of the Philippines and boy
scouts of the Philippines; provided , Finally ,that this prohibition shall not cover the
contributions of parents and other donors for the support of barrio high schools.

Sec. 2 Any educational Institution or person who violate the provisions of this Act shall
be punished by a fine of not less than one thousand pesos but not more than five thousand
pesos or imprisonment for not more than one month or both in the discretion of the court. If
the violation is committed by a private educational institution. The secretary of education, at
his discretion, shall, in addition to the above penalty, suspend, revoke or otherwise cancel
the authority to operate such educational institution.”

Section 3. the little of the same act is hereby amended to read as follows:

An act prohibiting the sale of tickets and/or the collection and contribution for whatever
project or purposes from students and teachers of public and private schools, colleges and
universities
Section 4. this act shall take effect upon its approval.

143
 Republic Act No. 7797
By: Maricel A. Cainglet

AN ACT TO LENGTHEN THE SCHOOL CALENDAR FROM TWO HUNDRED (200)

DAYS TO NOT MORE THAN TWO HUNDRED TWENTY (220) CLASS DAYS

Section 1. Lengthening of School Calendar - any provision of law of the contrary not with
standing, the school calendar for each year beginning school year 1995-1996 , shall be
lengthened to not more than two hundred twenty (220) class day s, inclusive of class days
which may be consequently suspended due p4shall not be considered as a basis for
additional pay for teachers who are paid salaries for the entire (12) months of the school
year : provided , that the preceding provision shall not apply to those who paid salaries
computed by the number of hours they actually teach or whose salaries and hours of work
are governed by existing Collective Bargaining Agreements (CBA`s).

Section 2 Non -reduction of Class Hours - The total number class hours per day
provided under the present system shall not be reduced to compensate for the increase in
class days.

Section 3 Start of the School Year - The school year shall start on the first Monday of
June but not later than the last day of August.

In the implementation of this act the secretary of education, culture and sports shall
determine the end of the regular school year, taking into consideration the Christmas and
summer vacations and the peculiar circumstances of each religion.
In the exercise of this authority, the secretary of education, culture and sports may
authorized the holding of Saturday classes for elementary and secondary levels for public
and private school.

Section 4.issuance of rules of rules and regulations.-the secretary of education. Culture

and sports shall issue within ninety (90) days after the approval of this act, the necessary
rules and regulations to the implement this act and ensure that the total class days
prescribed in this act shall be devoted to the attainment of learning objectives the DECS shall
sumit to the committees on education, arts and culture of both houses of congress copies of
implementing rules and guidelines within thirty (30) days days after its promulgation.

Section 5. all laws of presidential decrees, executive orders, and regulations or parts
there of inconsistent with this act are hereby repealed or modified accordingly.

Section 6. effectivity clause.- this act shall take effect upon its approval.

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 ASEAN 2015 , AQRF , PQF
By: Mary Jean A. Nalunat

ASEAN 2015

Background :
- Founded in 1967 comprise of 5 members ( 10 members presently )
- Beginning 1997 Heads of states adopted ASIAN VISION 2020 during 30th
anniversary , this VISION is a means of realization of a single ASEAN
COMMUNITY .
- In 2007 the association adopted a charter that codified regional norms and
commitment made by member-states to keep its relevance ,assert its centrality
and remain as the driver is clearly manifested by ASEAN continuing effort to
integrate the region through the creation of regional ASEAN COMMUNITY 2015

What is ASEAN 2015?

- Was originally envisioned by the leaders of member state to commence in 2020
-Is a short term for ASEAN ECONOMIC INTEGRATION 2015 . In a nutshell , the goal
of this endeavor is to establish a strong economic community among members of ASEAN by
2015 With ASEAN 2015 , member nations are expected to prosper thus paving to build a
better life for everyone .through commitment
PEACE
- camaraderie among ASEAN members
- Keep the region safe –free from terrorism , pirates and drug free
- Free from conflicts among members and live harmoniously
PROSPERITY
- Strong economic development
- Attracts more investors ( creating more jobs )
- better infrastructure
PEOPLE
Government ensures citizen’s better life
- Keeping environment clean and green
- Helping another when disaster strikes
- Fights nasty disease
- Cultural exchange
Economic integration simply refers to the free movement of goods , services capital ,
investment , skilled Labor and capital
Example : Goods from Thailand can be easily sold to Myanmar , students from Cambodia
can easily enroll in Brunei , engineers from Indonesia can easily practice their profession in
Lao , Filipino entrepreneurs can easily invest in Singapore

THREE PILLARS OF ASEAN COMMUNITY

ASEAN community is comprise of three Pillars ( that serves as a roadmap in realization of an
ASEAN Community )
1. SOCIO – CULTURAL COMMUNITY-

145
 Ensures community living in a peaceful , democratic and harmonious
environment
2. ASEAN ECONOMIC COMMUNITY
Mutual recognition arrangements , Completing ASEAN qualification reference
framework
Strengthening labour market
3. ASEAN POLITICAL _SECURITY
Aiming to achieve a united , inclusive and resilient community

ASEAN QUALIFICATIONS REFERENCE FRAMEWORK

( AQRF )

What is AQRF ?
Is a common reference framework that compares education qualifications across
ASEAN Members (AMS) and invites voluntary engagement
AQRF was endorsed by :
ASEAN Economic Ministers ( AEM)
ASEAN Education Ministers ( ASED )
ASEAN Labour Ministers ( ALM)
Role of AQRF to ASEAN COMMUNITY Building ?
Aim to support ASEAN Community building and specifically through the process to
achieve
the following goals
➢ Free flow of skilled labour through harmonization and standardization
within the region as indicated in the ASEAN ECONOMIC Community
➢ Establish national skills framework as an increment approach towards an
ASEAN skills recognition framework

- Establish AQRF committee referencing reports by participating AMS

- Comprise of ten representative ( one from each AMS )

AEM
NATIONAL AQRF
ASED
AQRF COMMITTEE
ALM
COMMITTEE

Act as focal point undertake peer review 3 ASEAN ministerial

Understanding regional framework Target Workplan of the National Referencing Committee

Preparation of Draft Outline and drafting of the Proposal Linking PQF Levels 1 to 8

Drafting the description/narrative for Criteria 1, 2, 3 and 5 (Philippine

Education and training system, responsibilities and legal basis of all
146
 relevant national bodies involved in the referencing process , procedures
July to December 2017
for inclusion of qualifications in the PQF, and agreed standards of the
national framework or qualifications system and its qualifications

Getting all bodies responsible for quality assurance to state the

July to December 2017
unequivocal support for the referencing outcome

Involve Experience people from other countries

September 2018

Conduct of Consultation with authorities and stakeholders June

to August 2018

Get endorsement of the referencing process by main stakeholders March

2019

Get endorsement of the referencing process by the PQF-NCC/NAC March

2019

Submission of Referencing outcomes to the AQRF Committee May 2019

PHILIPPINE QUALIFICATION FRAMEWORK ( PQF)

What is PQF ?
A quality assured national system for the development , recognition and awards of
qualification based on standards of knowledge , skills and values acquired in different ways
methods by learners and workers educated /trained in the Philippines

OBJECTIVES of PQF
➢ Adopt national standards and levels for outcomes of education
➢ Support the development and maintenance and pathways and
equivalencies that enable to qualification and to assist individuals to
move easily and readily between different education and training
sectors and between these sectors and labour market
➢ Align domestic qualifications standards with the international
qualification framework thereby enhancing recognition of the value
and comparability of Philippine qualifications and supporting the
mobility of Filipino students and workers

BENEFITS of PQF

PERSON
➢ Encourage lifelong learning allowing the person to start at the level that
suits him and then build up his qualifications
➢ Recognized certificates and licenses
EMPLOYERS
➢ Assures that standards and qualifications are consistent with job
requirements / demands
➢ Provide common understanding of standards , qualifications and levels
147
AUTHORITIES
Provides standards , taxonomy and typology of qualification as bases for
granting approvals to providers and stakeholders
Harmonious qualification educational training across the Philippines

FILIPINO PUBLIC
A change in the mindset that undermines technical education

PQF –ORIGIN AND DEVELOPMENT

1998 – started with TVET sector
2003 – Philippine TVET qualification framework ( PTQF)
2004 – Executive order promoting expansion of QF
2012 – Executive order 83 , Institutionalization of PQF
2014 – RA 10647- Ladderized Education Act of 2014 , ACT of 2014 , Intitutionalization
of PQF
2018 – RA 10968 PQF ACT , Institutionalization of PQF

➢ PQF has 8 level of

qualification descriptor
➢ Defined in terms of 3
domains
knowledge , skills and values
Application
Degree of independence

LEVEL : K12
Knowledge , skills and values : manual or concrete or practical and/or operational in
focus.
Application : Applied in activities that are set in a limited range of highlyfamiliar and
predictable
contexts; involve straightforward, routine issues which are addressed
by f
ollowing set rules,guidelines or procedures
Degree of independence : In conditions where there is very close support, guidance
or supervision;
minimum judgment or discretion isneeded.

QUALIFICATION TYPE NATIONAL CERTIFICATE 1

LEVEL : I
Knowledge and skills that are manual or concrete or practical and/or operational in
focus.
Application : Applied in activities that are set in a limited range of highlyfamiliar and
predictable
contexts; involve straightforward, routine issues which are addressed
by f
ollowing set rules,guidelines or procedures
Degree of independence : In conditions where there is very close support, guidance
or supervision;
148
 minimum judgment or discretion isneeded.

QUALIFICATION TYPE NATIONAL CERTIFICATE 1

LEVEL 2 –
Knowledge , skills and values : Knowledge and skills that are manual, practical and/or
operational in
focus with a variety of options
Application : Applied in activities that are set in a range of familiar and predictable
contexts; involve routine
issues which are identified and addressed by selecting from and following a
number of set rules, guidelines or procedures
Degree of independence : In conditions where there is substantial support, guidance or
supervision; limited judgment or discretion is needed.

QUALIFICATION TYPE NATIONAL CERTIFICATE II

LEVEL 3-
Knowledge , skills and values : Knowledge and skills that are a balance of theoretical
and/or technical
and practical. Work involves understanding the work process,
contributing to problem solving, and
making decisions to determine the process, equipment and materials to
be used
Application : Applied in activities that are set in contexts with some unfamiliar or
unpredictable aspects; involve
routine and non-routine issues which are identified and addressed by
interpreting and/or applying established guidelines or procedures
with some variations
Degree of independence : Application at this level may involve individual responsibility
or autonomy, and/or
may involve some responsibility for others. Participation in teams including
team or group coordination may be involved.

QUALIFICATION TYPE NATIONAL CERTIFICATE III

LEVEL 4-
Knowledge , skills and values : Knowledge and skills that are mainly theoretical
and/or abstract with significant depth in one or more areas; contributing to
technical solutions of a non-routine or contingency nature; evaluation and
analysis of current practices and the development of new criteria and procedures.
Application : Applied in activities that are set in range of contexts, most of which
involve a number of unfamiliar and/or unpredictable aspects; involve largely
non-routine issues which are addressed using guidelines or procedures which
require interpretation and/or adaptation
Degree of independence : Work involves some leadership and guidance when
organizing activities of self
and others

QUALIFICATION TYPE NATIONAL CERTIFICATE IV

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 LEVEL 5-
Knowledge , skills and values : Knowledge and skills that are mainly theoretical
and/or abstract with significant depth in some areas together with wide-
ranging, specialized technical, creative and conceptual skills.
Perform work activities demonstrating breadth, depth and complexity in the
planning and initiation of alternative approaches to skills and knowledge
applications across a broad range of technical
and/or management requirements, evaluation and coordination
Application: Applied in activities that are supervisory, complex and non-routine which
require an extensive interpretation and/or adaptation/ innovation
Degree of independence : In conditions where there is broad guidance and direction,
where judgment is required in planning and selecting appropriate equipment,
services and techniques for self and others.
Undertake work involving participation in the development of strategic
initiatives, as well as personal responsibility and autonomy in performing
complex technical operations or organizing others

QUALIFICATIONTYPE DIPLOMA

LEVEL 6-
Knowledge , skills and values : Demonstrated broad and coherent knowledge and skills in
their field of study
for professional work and lifelong learning
Application : Application in professional/creative work or research in a specialized field of
discipline and/or
further study
Degree of independence : Substantial degree of independence and or/in teams of related
fields with minimal supervision

QUALIFICATION TYPE Baccalaureate Degree

LEVEL 7-
Knowledge , skills and values : Demonstrated advanced knowledge and skills in a specialized
or multi-disciplinary field of study for professional practice, self-directed research
and/or lifelong learning
Application : Applied in professional/creative work or research that requires self-direction
and/or leadership in a specialized or multi-disciplinary professional
work/research
Degree of independence : High substantial degree of independence that involves exercise of
leadership and initiative individual work or in teams of multi-disciplinary field

QUALIFICATION TYPE Post-Baccalaureate Program

LEVEL 8
Knowledge , skills and values : Demonstrate highly advanced systematic knowledge and
skills in highly specialized and/or complex multidisciplinary field of learning for complex
research and or professional practice and/or for the advancement of learning
Application: Applied for professional leadership for innovation, research and/or development
management in highly
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 specialized or multi-disciplinary field
Degree of independence : Full independence in individual work and/or in teams of multi-
disciplinary and more complex setting that demands leadership for research and creativity
for strategic value added. Significant level of expertisebased autonomy and accountability

QUALIFICATION TYPE Doctoral Degree and Post-Doctoral Programs

PQF Governance

National Coordinating Council

Technical Secretariat
PQF working groups / agencies
DEPED – Information and guidelines
CHED – Quality assurance
TESDA – Pathways and equivalencies
PRC – Qualification register
DOLE – international alignment

LEKLEVEL !@k
KVEL GRADE L

151
 Republic Act No. 8545
By: Melinda Yandan

AN ACT AMENDING REPUBLIC ACT NO. 6728, OTHERWISE KNOWN AS

“AN ACT PROVIDING GOVERNMENT ASSISTANCE TO STUDENTS AND
TEACHERS IN PRIVATE EDUCATION AND APPROPRIATING FUNDS
THEREFOR,” ESTABLISHING A FUND FOR THE PURPOSE OF
SUBSIDIZING SALARIES OF PRIVATE SCHOOL TEACHERS,
AND APPROPRIATING FUNDS THEREFOR

SECTION 1. Republic Act No. 6728, otherwise known as the “Government Assistance to
Students and Teachers in Private Education Act,” is hereby amended to read as follows:

“SEC. 1. Title. — This Act shall be known as the ‘Expanded Government Assistance to
Students and Teachers in Private Education Act.’

“SEC. 2. Declaration of Policy. — It is a declared policy of the State in conformity with the
mandate of the Constitution, to promote and make quality education accessible to all Filipino
citizens. The State also hereby recognizes the complementary roles of public and private
educational institutions in the educational system and the invaluable contribution that the
private schools have made and will make to education. For these purposes, the State shall
provide the mechanisms to improve quality in private education by maximizing the use of
existing resources of private education, recognizing in the process the government’s
responsibility to provide basic elementary and secondary education, post-secondary
vocational and technical education and higher education as having priority over its other
functions.

“SEC. 3. Criteria for Assistance. — The programs for assistance shall be based on a set of
criteria which shall include, among others, tuition fees charged by the schools, the
socioeconomic needs of each region giving priority to the Social Reform Agenda (SRA)
provinces, overall performance of the schools, the academic qualifications and the financial
needs of the students and the teachers and the financial needs of the schools, as well as the
geographic spread and size of student population

“SEC. 4. Forms of Assistance. — Assistance to private education shall consist of assistance

to students and assistance to teachers.
“The following are forms of assistance to students in private education: “(1) Tuition fee
supplements for students in private high schools, including students in vocational and
technical courses;

“(2) High School Textbook Assistance Fund: Provided, That the textbook assistance per
student in private high schools shall be determined by the council and shall not exceed what
students in public high schools are provided on a per student basis under a comprehensive
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textbook program of the Secondary Education Development Program (SEDP): Provided,
further, That the textbook assistance shall be granted only to beneficiaries of tuition fee
supplements and educational service contracting scheme provided in this Act;

“(3) Expansion of the existing Educational Service Contracting (ESC) Scheme;

“(4) The voucher system of the Private Education Student Financial Assistance Program
(PESFA);
“(5) Scholarship grants to students graduating as valedictorians and salutatorians from
secondary schools;
“(6) Tuition fee supplements to students in private colleges and universities; and
“(7) Education Loan Fund. “The following are forms of assistance to teachers and faculty in
private education:

SEC. 5. Tuition Fee Supplements for Students in Private High Schools. — (1) Financial
Assistance for tuition for students in private high schools shall be provided by the
government through a voucher system in the following manner:

SEC. 6. High School Textbook Assistance Fund. — There shall be established in the
Department of Education, Culture and Sports (DECS), a High School Textbook Assistance
Fund, so that assistance on a per student basis shall be given to students enrolled in private
schools exclusively for the purchase of high school textbooks, in support of the
implementation of the Secondary Education Development Program: Provided, That the
textbook assistance per student in private high schools shall be determined by the council
and shall not exceed what students in public high schools are provided on a per student
basis: Provided, further, That the textbook assistance shall be granted only to beneficiaries of
tuition fee supplements and educational service contracting scheme provided in this Act.

SEC. 7. Expansion of the Existing Educational Service Contracting (ESC) Scheme. — (a)
The Department of Education, Culture and Sports (DECS) shall continue to enter into
contracts with private schools whereby the government shall shoulder the tuition and other
fees of high school students who shall enroll in private high schools under this program.

“SEC. 8. Assistance to College Freshmen. — (a) The Voucher System of Private Education
Student Financial Assistance (PESFA) Program. The existing Private Education Student
Financial Assistance (PESFA) Program which covers degree and non-degree
vocational/technical courses shall be expanded so that all qualified enrolling first year
students can benefit from a scholarship, plus an allowance. Such financial assistance shall
be granted to deserving underprivileged students, who shall be selected on the basis of family
income, geographic spread and results of competitive examinations to be given by the CHED
for degree courses and the TESDA for non-degree vocational/technical courses in all
secondary schools in coordination with the DECS. The program shall be equitably allocated
to provinces and cities in accordance with regional and national plans to priority courses as
determined by the CHED and the TESDA.

“SEC. 9. Further Assistance to Students in Private Colleges and Universities. — Tuition

fee supplements for students of private post-secondary vocational and technical institutions
and higher educational institutions enrolled in priority course programs determined by the

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TESDA and the CHED shall be provided by the government through a voucher system in the
following manner:

SEC. 10. Education Loan Fund. — (a) ‘Study Now, Pay Later Plan.’ There is hereby created
a special fund to be known as the Students’ Loan Fund to be administered by the CHED and
the TESDA or upon delegation by the CHED by the Student Loan Fund Authority created
under Republic Act No. 6014 which is hereby reinstituted pursuant to the terms of the same
Republic Act which shall be used to finance educational loans to cover matriculation and
other school fees and educational expenses for book subsistence, and board and lodging.

“SEC. 11. The right of any student to avail himself/herself of the benefits under this Act
shall not apply if he/she fails for one (1) school year in the majority of the academic subjects
in which he/she has enrolled during the course of his/her study unless such failure is due
to some valid cause beyond his/her control.

SEC. 12. In-service Training Fund (Inset Fund). — For the purpose of improving the quality
of teaching in private secondary education, there is hereby established in the Department of
Education, Culture and Sports an Inset Fund to provide for the upgrading of knowledge and
teaching competencies in critical subject areas and for the modernization of teaching
techniques and strategies, including training in the use of computers and of other multi-
media educational technologies to assist instruction: Provided, That the Inset Fund shall be
available only to qualified licensed teachers in participating private high schools as
determined by the State Assistance Council: Provided, further, That the amount of Inset
Fund available to private secondary education shall not exceed that available to public
secondary education on a per capita basis.

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 JOB MISMATCH
By: Mercy Amor P. Jalova

JOB MISMATCH- - is a term used when a job seeker fails to meet the necessary skills and
qualifications needed in order to fulfill the requirements of the job market which
results in unemployment.

Many Filipino students and jobseekers still require additional training to become
employable, a study showed.

The Philippine Talent Map Initiative indicated that 31.7 percent or 18,928 of the total
of almost 90,000 respondents needed further training.

The Department of Labor and Employment (DOLE) conducted the study along with
private companies to examine the current trends and issues facing academe and the industry
in terms of workforce development.

According to DOLE, the study is meant to address the prevailing problem of the job
and skills mismatch in the country by identifying talent, skills and training needed by the
Filipino workforce. Solutions to job mismatch

The findings also revealed that 68.3 percent of the students, employed, unemployed
and trainees involved in the study are employable with English language functional skills
as top competency.

Creative problem solving is consistently the lower skill among the respondents and
must be improved, along with innovation and decision making skills. Solutions to job
mismatch

Solutions to job mismatch

Education

The educational system is the foundation of building a strong and reliable Labor Force
in any country. Our government and its private sector partners are already working hand in
hand to align the learning curriculum to address our perennial job mismatch problem. The
implementation of the K12 program is one of the key steps they've taken to help the next
generation of Filipinos ready for the global economy.

A lot of upskill programs have also been running for several years by schools and
training institutions help Filipinos acquire new skills for employment and career
advancement.

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Information Dissemination

Knowing is the first step in addressing any problem. By letting everyone know about
the reality of Job Mismatch, we can enable everyone to do their part in resolving the ongoing
problem. It is our duty to educate and guide the next generation of Filipinos to make the
proper career choice and gain the necessary skills to achieve it.
Increase Self-Awareness

Individual Jobseekers need to be well acquainted with the subject of ‘Job Mismatch’.
Knowing what you can do and matching these skills with the jobs that are available now can
definitely solve the problem.

Being Self-Aware of your strengths and weaknesses gives you a better understanding
of why you're a good fit for a specific job while others will not suit you.
Skills Training

This is the most important tool of bridging the gap between jobs and our Labor Force.
Educating ourselves with the necessary knowledge & skills of our chosen career and what
the industry actually needs will greatly help solve the problem. An individual can now upskill
not only by going through formal schooling or training but also by signing up for
workshops/seminars and even by going through apprenticeship with practitioners.
Government

Our government has been actively seeking ways of addressing the difference between
the jobs that are available in the job market and the skills and knowledge of our Jobseekers.
New programs for employment like the 'JobStart' employment program now trains our young
labor force to help them land on jobs that can suit their skills and qualifications. TESDA also
adds new programs every year to give more upskilling options for all Filipinos. The
government is also testing the Labor Force to help them gain insight so they can develop
more targeted programs.

We all need to be involved in solving the issue of Job Mismatch. You don't need to be
in a position of power to help solve this issue. You can start in your own home, office or even
classroom if you're still a student. We must help and educate ourselves to constantly meet
the needs of the local industries so we can continue to compete globally and become a more
progressive country.

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 Republic Act No. 10157
By: Mercy Amor Jalova

AN ACT INSTITUTIONALIZING THE KINDERGARTEN EDUCATION

INTO THE BASIC EDUCATION SYSTEM AND
APPROPRIATING FUNDS THEREFOR

SECTION 1. Short Title. – This Act shall be known as the “Kindergarten Education
Act”.

SEC. 2. Declaration of Policy. – In consonance with the Millennium Development

Goals on achieving Education for All (EFA) by the year 2015, it is hereby declared the policy
of the State to provide equal opportunities for all children to avail of accessible mandatory
and compulsory kindergarten education that effectively promotes physical, social,
intellectual, emotional and skills stimulation and values formation to sufficiently prepare
them for formal elementary schooling. This Act shall apply to elementary school system being
the first stage of compulsory and mandatory formal education. Thus, kindergarten will now
be an integral part of the basic education system of the country.
Kindergarten education is vital to the academic and technical development of the
Filipino child for it is the period when the young mind’s absorptive capacity for learning is at
its sharpest. It is also the policy of the State to make education learner-oriented and
responsive to the needs, cognitive and cultural capacity, the circumstances and diversity of
learners, schools and communities through the appropriate languages of teaching and
learning.

SEC. 3. Definition of Terms. – The terms used in this Act are defined as follows:

(a) DepEd shall refer to the Department of Education;

(b) BEE shall refer to the Bureau of Elementary Education;

(c) Kindergarten education shall be understood in this Act to mean one (1) year of
preparatory education for children at least five (5) years old as a prerequisite for Grade I; and

(d) Mother tongue refers to the language first learned by a child.

SEC. 4. Institutionalization of Kindergarten Education. – Kindergarten education

is hereby institutionalized as part of basic education and for school year 2011-2012 shall be
implemented partially, and thereafter, it shall be made mandatory and compulsory for
entrance to Grade 1.

SEC. 5. Medium of Instruction. – The State shall hereby adopt the mother tongue-
based multilingual education (MTB-MLE) method. The mother tongue of the learner shall be
the primary medium of instruction for teaching and learning in the kindergarten level.
However, exceptions shall be made to the following cases:
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 (a) When the pupils in the kindergarten classroom have different mother tongues or
when some of them speak another mother tongue;

(b) When the teacher does not speak the mother tongue of the learners;

(c) When resources, in line with the use of the mother tongue, are not yet available;
and

(d) When teachers are not yet trained how to use the MTB-MLE program.

In such exceptional cases, the primary medium of instruction shall be determined by

the DepEd aligned with the framework being used in the elementary level including teacher
training and production of local resources and materials under DepEd Order No. 74, series of
2009.
The DepEd, in coordination with the Commission on Filipino Language and in close
collaboration with academic and research institutions concerned with education, shall
formulate a mother tongue-based multilingual framework for teaching and learning:
Provided, That the DepEd will include teaching strategies as defined in Section 7(c) which
aims to introduce and eventually strengthen the child’s understanding of English, which is
the official language.

SEC. 6. Implementing Agency. – The authority to regulate the organization,

operation and/or implementation of the kindergarten education program of both public and
private schools shall be vested upon the DepEd, through the creation of a new Division under
the BEE and other necessary support to achieve successful implementation of kindergarten
education to include, but not limited to, increasing the number of kindergarten teacher
positions with the required salaries and benefits, enhancing teacher training in early
education, and providing the necessary allocations for classrooms and chairs, facilities and
equipment, and textbooks.

SEC. 7. Duties, Powers and Functions. – The DepEd, through the BEE, shall
exercise the following powers and functions:

(a) Oversee and supervise the organization, operation and implementation of the
kindergarten education program;

(b) Develop the curriculum for kindergarten education consistent with the universally
accepted norms and standards, including values formation all of which shall be
developmentally appropriate, and use of the MTB-MLE as a medium of instruction and to
periodically review such for purposes of upgrading;

(c) Develop teaching strategies using the unique feature of the MTB-MLE which shall
include, but not limited to, the following:

(1) The two-track method (storytelling and reading, listening story, oral
communication activities);
(2) Interactive strategies;
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 (3) Use of manipulative games; and
(4) Experiential, small group discussions and total physical response (TPR)
among others.
The learning development materials shall consist of the following at the
minimum:
(i) Listening story;
(ii) Small books;
(iii) Big books;
(iv) Experience story;
(v) Primer lessons; and
(vi) Lessons exemplars;

(a) Conceive, develop and extend a continuing professional development program for
kindergarten teachers to ensure constant updating of their knowledge in current trends,
pedagogy, methodologies and concepts on early childhood education;

(b) Prescribe the necessary qualifications for the hiring and accreditation of teachers
who will handle the kindergarten education program;

(c) Exercise authority over the operation of private kindergarten institutions;

(d) Supervise the establishment of various venues for early childhood education which
may be institution-based, home-based, hospital-based or community-based, and which shall
be duly accredited by the DepEd; and

(e) Introduce innovative programs in kindergarten that shall include educational

technologies, whenever applicable.

SEC. 8. Appropriations. – The DepEd shall immediately include in the program of

the Department the operationalization of the free, mandatory and compulsory public
kindergarten education, the initial funding of which shall be charged against the current
appropriations for kindergarten education of the DepEd. Thereafter, such sums which shall
be necessary for the continued implementation of the free public kindergarten education
program shall be charged to the General Fund and included in the annual General
Appropriations Act.

SEC. 9. Implementing Rules and Regulations. – Within ninety (90) days after the
effectivity of this Act, the DepEd, in consultation with the Department of Budget and
Management, shall promulgate the rules and regulations needed for the implementation of
this Act.

SEC. 10. Separability Clause. – If any provision of this Act is held invalid or
unconstitutional, the same shall not affect the validity and effectivity of the other provisions
hereof.

SEC. 11. Repealing Clause. – Pertinent provisions of all other laws, decrees,
executive orders and rules and regulations contrary to or inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.
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 Republic Act No. 10533
By: Gelcy Joy G. Abejar

IMPLEMENTING RULES AND REGULATIONS

OF THE ENHANCED BASIC EDUCATION ACT OF 2013

Pursuant to Section 16 of Republic Act No. 10533, entitled “An Act Enhancing the
Philippine Basic Education System by Strengthening Its Curriculum and Increasing
the Number of Years for Basic Education, Appropriating Funds Therefor and for Other
Purposes,” otherwise known as the “Enhanced Basic Education Act of 2013,” approved
on May 15, 2013, and which took effect on June 8, 2013, the Department of Education
(DepEd), the Commission on Higher Education (CHED), and the Technical Education and
Skills Development Authority (TESDA), hereby issue the following rules and regulations to
implement the provisions of the Act.

RULE I. GENERAL PROVISIONS

Section 1. Title. These rules and regulations shall be referred to as the Implementing
Rules and Regulations (IRR) of the “Enhanced Basic Education Act of 2013” (Republic Act No.
10533).

Section 2. Scope and Application. The provisions of this IRR shall primarily apply to
all public and private basic educational institutions and learning centers. This IRR shall also
apply to Higher Education Institutions (HEIs), Technical-Vocational Institutions (TVIs), duly
recognized organizations acting as Teacher Education Institutions (TEIs), and foundations.

Section 3. Declaration of Policy. This IRR shall be interpreted in light of the

Declaration of Policy found in Section 2 of the Act.

Section 4. Definition of Terms. For purposes of this IRR, the following terms shall
mean or be understood as follows:

(a) Act refers to Republic Act No. 10533, entitled “An Act Enhancing the Philippine
Basic Education System by Strengthening Its Curriculum and Increasing the Number of
Years for Basic Education, Appropriating Funds Therefor and for Other Purposes,”
otherwise known as the “Enhanced Basic Education Act of 2013.”

Learner refers to a pupil or student, or to a learner in the alternative learning system.

(d) Mother Language or First Language (L1) refers to the language or languages first
learned by a child, which he/she identifies with, is identified as a native language user
of by others, which he/she knows best, or uses most. This includes Filipino sign
language used by individuals with pertinent disabilities. The regional or native

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 language refers to the traditional speech variety or variety of Filipino sign language
existing in a region, area or place.

(e) Non-DepEd Public School refers to a public school offering basic education operated
by an agency of the national government other than the DepEd, or by a local
government unit.

Section 5. Basic Education. Pursuant to Section 3 of the Act, basic education is

intended to meet basic learning needs which provides the foundation on which subsequent
learning can be based. It encompasses kindergarten, elementary, and secondary education
as well as alternative learning systems for out-of-schoSection 6. Enhanced Basic Education
Program. For purposes of this IRR and pursuant to Section 4 of the Act, the enhanced basic
education program encompasses at least one (1) year of kindergarten education, six (6) years
of elementary education, and six (6) years of secondary education, in that sequence.
Secondary education includes four (4) years of junior high school and two (2) years of senior
high school education. The enhanced basic education program may likewise be delivered
through the alternative learning system.
Kindergarten Education is the first stage of compulsory and mandatory formal
education which consists of one (1) year of preparatory education for children at least five (5)
years old as a prerequisite for Grade 1.

Elementary Education refers to the second stage of compulsory basic education

which is composed of six (6) years. The entrant age to this level is typically six (6) years old.

Secondary Education refers to the third stage of compulsory basic education. It

consists of four (4) years of junior high school education and two (2) years of senior high
school education. The entrant age to the junior and senior high school levels are typically
twelve (12) and sixteen (16) years old, respect

Section 7. Compulsory Basic Education. It shall be compulsory for every parent or

guardian or other persons having custody of a child to enroll such child in basic education,
irrespective of learning delivery modes and systems, until its completion, as provided for by
existing laws, rules and regulations.

Section 8. Inclusiveness of Enhanced Basic Education. In furtherance of Section 3

of the Act, inclusiveness of enhanced basic education shall mean the implementation of
programs designed to address the physical, intellectual, psychosocial, and cultural needs of
learners, which shall include, but shall not be limited to, the following:

8.1. Programs for the Gifted and Talented. These shall refer to comprehensive
programs for the gifted and talented learners in all levels of basic education.

8.2. Programs for Learners with Disabilities. These shall refer to the comprehensive
programs designed for learners with disabilities which may be home-, school-, center-
or community-based.

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 8.3. Madrasah Program. This shall refer to the comprehensive program using the
Madrasah curriculum prescribed by the DepEd, in coordination with the Commission
on Muslim Filipinos,

8.4. Indigenous Peoples (IP) Education Program. This shall refer to the program
that supports education initiatives undertaken through formal, non-formal, and
informal modalities with emphasis on any of, but not limited to, the key areas of:
Indigenous Knowledge Systems and Practices and community history; indigenous
languages; Indigenous Learning System (ILS) and community life cycle-based
curriculum and assessment; educational goals, aspirations, and competencies specific
to the Indigenous Cultural Community (ICC); engagement of elders and other
community members in the teaching-learning process, assessment, and management
of the initiative, recognition and continuing practice of the community’s ILS; and the
rights and responsibilities of ICCs.

8.5. Programs for Learners under Difficult Circumstances. This shall refer to
the timely and responsive programs for learners under difficult circumstances, such
as, but not limited to: geographic isolation; chronic illness; displacement due to armed
conflict, urban resettlement, or disasters; child abuse and child labor practices.

Section 9. Acceleration. Acceleration of learners in public and private basic

educational institutions shall be allowed, consistent with DepEd rules and regulations.

RULE II. CURRICULUM

Section 10. Basic Education Curriculum Development. In the development of the

Basic Education Curriculum, the DepEd shall be guided by the following:

10.1. Formulation and Design. Pursuant to Section 5 of the Act, the DepEd shall
formulate the design and details of the enhanced basic education curriculum. The
DepEd shall work with the CHED and TESDA to craft harmonized basic, tertiary, and
technical-vocational education curricula for Filipino graduates to be locally and
globally competitive.

10.2. Standards and Principles. The DepEd shall adhere to the following standards
and principles, when appropriate, in developing the enhanced basic education
curriculum:

(a) The curriculum shall be learner-centered, inclusive and developmentally

appropriate;

(b) The curriculum shall be relevant, responsive and research-based;

(c) The curriculum shall be gender- and culture-sensitive;

(d) The curriculum shall be contextualized and global;

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 (e) The curriculum shall use pedagogical approaches that are constructivist, inquiry-
based, reflective, collaborative and integrative;

(f) The curriculum shall adhere to the principles and framework of Mother Tongue-
Based Multilingual Education (MTB-MLE) which starts from where the learners are
and from what they already know proceeding from the known to the unknown;
instructional materials and capable teachers to implement the MTB-MLE curriculum
shall be available. For this purpose

10.5. Stakeholder Participation. To achieve an enhanced and responsive basic

education curriculum, the DepEd shall undertake consultations with other national
government agencies and other stakeholders including, but not limited to, the
Department of Labor and Employment (DOLE), the Professional Regulation
Commission (PRC), private and public schools associations, national student
organizations, national teacher organizations, parents-teachers associations,
chambers of commerce and other industry associations, on matters affecting the
concerned stakeholders.

Section 11. Curriculum Consultative Committee. Pursuant to Section 6 of the Act,

a Curriculum Consultative Committee shall be created, to be chaired by the DepEd Secretary
or his/her duly authorized representative, and with members composed of, but not limited
to, a representative each from the CHED, TESDA, DOLE, PRC, the Department of Science
and Technology (DOST), and a representative from business chambers such as the
Information Technology – Business Process Outsourcing (IT-BPO) industry association. The
Consultative Committee shall oversee the review and evaluation of the implementation of the
enhanced basic education curriculum and may recommend to the DepEd the formulation of
necessary refinements in the curriculum.

RULE III. TEACHER QUALIFICATIONS, TRAINING AND CONTINUING PROFESSIONAL

DEVELOPMENT

Section 12. Teacher Education and Training. To ensure that the enhanced basic
education program meets the demand for quality teachers and school leaders.

12.3. Training of School Leadership. Superintendents, principals, subject area

coordinators, and other instructional school leaders shall likewise undergo workshops
and training to enhance their skills on their roles as academic, administrative, and
community leaders.

12.4. Training of Alternative Learning System (ALS) Coordinators, Instructional

Managers, Mobile Teachers, and Learning Facilitators. ALS coordinators,
instructional managers, mobile teachers, and learning facilitators shall likewise
undergo workshops and training to enhance their skills on their roles as academic,
administrative, and community leaders.

Section 13. Hiring of Other Teachers. Notwithstanding the provisions of Sections

26, 27 and 28 of Republic Act No. 7836, otherwise known as the “Philippine Teachers

163
Professionalization Act of 1994,” the DepEd and private educational institutions shall hire, as
may be relevant to the particular subject:

13.1. Graduates of science, mathematics, statistics, engineering, music and other

degree courses needed to teach in their specialized subjects in elementary and
secondary education with shortages in qualified applicants who have passed the
Licensure Examination for Teachers (LET). They shall also include graduates admitted
by foundations duly recognized for their expertise in the education sector and who
satisfactorily complete the requirements set by these organizations; Provided, That
they pass the LET within five (5) years after their date of hiring; Provided, further, That
if such graduates are willing to teach in basic education on part-time basis, the
provisions of LET shall no longer be required.

The term “foundations,” as used in this section, refers to non-stock, non-profit

organizations, which are not operating as educational institutions, contracted out by
the DepEd for a fixed period, to provide volunteers to teach in basic education in areas
where there is a shortage of qualified teachers. The DepEd shall issue the guidelines
and procedures for selection and eligibility of these organizations.

13.2. Graduates of technical-vocational courses to teach in their specialized subjects

in the secondary education; Provided,That these graduates possess the necessary
certification issued by TESDA; Provided, further, That they undergo appropriate in-
service training to be administered by the DepEd or HEIs at the expense of the DepEd.
The DepEd shall provide administrative support to private educational institutions for
the in-service training of their teachers on the enhanced basic education curriculum.

13.3. Faculty of HEIs to teach in their general education or subject specialties in

secondary education; Provided, That the faculty must be a holder of a relevant
Bachelor’s degree, and must have satisfactorily served as a full-time HEI faculty;

13.4. The DepEd and private educational institutions may hire practitioners, with
expertise in the specialized learning areas offered by the enhanced basic education
curriculum, to teach in the secondary level: Provided, That they teach on part-time
basis only. For this purpose, the DepEd, in coordination with the appropriate
government agencies, shall determine the necessary qualification standards in hiring
these experts.

RULE IV. PRIVATE EDUCATIONAL INSTITUTIONS

Section 14. Reasonable Supervision and Regulation. As a matter of policy laid

down in Article XIV, Section 5(1) of the 1987 Philippine Constitution, the State recognizes the
complementary roles of public and private institutions in the educational system and shall
exercise reasonable supervision and regulation of all educational institutions.

Section 15. Issuance and Revocation of Permits and/or Recognition of Private

Senior High Schools. The DepEd shall regulate the offering of senior high school in private
educational institutions. Private educational institutions may only offer senior high school

164
when so authorized by the DepEd. The DepEd shall prescribe the guidelines on the issuance
and revocation of permits and/or recognition of senior high schools.

Section 16. Specializations in Private Senior High School. Private educational

institutions may offer specializations in senior high school that are essential to the economic
and social development of the nation, region or locality. Local planning in the development of
educational policies and programs shall be encouraged consistent with the State policy to
take into account regional and sectoral needs and conditions.

RULE V. CAREER GUIDANCE AND COUNSELING ADVOCACY

Section 17. Career Guidance and Counseling Programs. Consistent with Section 9
of the Act, to properly guide the students towards becoming productive and contributing
individuals through informed career choices, the DepEd, in coordination with the DOLE,
TESDA, CHED, PRC, NYC, industry associations, professional associations, and other
relevant stakeholders, shall pursue programs that expose students to the world and value of
work, and develop the capability of career counselors and advocates to guide the students
and equip them with the necessary life skills and values.

Section 18. Career Advocacy Activities. Career advocacy activities refer to activities
that will guide secondary level students in choosing the career tracks that they intend to
pursue. Career advocacy activities involve provision of career information and experiences,
advising, coordinating and making referrals, and may include, but are not limited to, career
talks, career and job fairs, parents’ orientations, and seminar-workshops on career decision-
making.

Section 19. Career Advocates. Notwithstanding the provisions of Section 27 of

Republic Act No. 9258, otherwise known as the “Guidance and Counseling Act of
2004,” career advocates shall be allowed to conduct career advocacy activities for secondary-
level students of the schools where they are currently employed; Provided, That they undergo
appropriate capacity building programs developed and implemented by the DepEd, in
coordination with the DOLE, TESDA, CHED, PRC, NYC, student organizations, industry
associations, guidance and counseling associations, professional associations, and other
relevant stakeholders.
Career advocacy may be conducted by career advocates and peer facilitators.
Consistent with Section 9 of the Act, career advocates refer to career and employment
guidance counselors who are not registered and licensed guidance counselors. Career
advocates include homeroom advisers and teachers of all learning areas who will implement
career advocacy activities. Peer facilitators are secondary-level students trained to assist
career advocates in implementing career advocacy activities.

Section 20. Role of the DepEd. The DepEd shall:

(a) Integrate career concepts in the curriculum and undertake teaching in relevant
learning areas;

(b) Conduct career assessments;

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 (c) Conduct regular career advocacy activities;
(d) Conduct continuous professionalization and capacity building of guidance
counselors, career advocates, and peer facilitators

e) Develop or accredit training programs on career advocacy;

(f) Establish a career advocacy unit and provide adequate office space in high schools;
and

(g) Designate guidance supervisors at the division level and career advocates at the
school level.

RULE VI. E-GASTPE BENEFICIARIES AND OTHER FINANCING ARRANGEMENTS WITH

PRIVATE EDUCATIONAL INSTITUTIONS AND NON-DEPED PUBLIC SCHOOLS

Section 21. Expansion of E-GASTPE Beneficiaries. Pursuant to Section 10 of the

Act, the DepEd shall develop programs of assistance that will extend the benefits accorded
by Republic Act No. 8545, or the “Expanded Government Assistance for Students and
Teachers in Private Education Act,” to qualified students enrolled in senior high school.

Section 22. Criteria for Assistance to Qualified Students. The programs of

assistance shall be made available primarily to students who completed junior high school in
public schools, taking into account the income background and financial needs of students,
available capacities of public, private and non-DepEd public schools in the locality, socio-
economic needs of regions, overall performance of private and non-DepEd public schools, as
well as geographic spread and size of the student population.
The programs of assistance may also be made available to students who completed
junior high school in private educational institutions, whether these students are E-GASTPE
beneficiaries or not, subject to compliance with the qualifications and guidelines to be
determined by the DepEd.

Section 23. Forms and Amount of Assistance. The forms of assistance that may be
provided by the DepEd may include any of the following:

(a) A voucher system, where government issues a coupon directly to students to enable
them to enroll in eligible private educational institutions or non-DepEd public schools
of their choice under a full or partial tuition or schooling subsidy;

(b) Education Service Contracting (ESC), where the government enters into contracts
with private educational institutions or non-DepEd public schools to shoulder the
tuition and other fees of high school students who shall enroll in private high schools
under this program;

(c) Management contracts, where government enters into contractual arrangements

with private educational institutions or non-DepEd public schools to manage the day-
to-day operations of public schools under agreed performance targets;

(d) Forms of assistance provided under Republic Act No. 8545; and
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 (e) Other forms of financial arrangements consistent with the principles of public-
private partnership.

The DepEd shall take into account the ability of program beneficiaries to cover tuition
differentials, if any, in setting the amount of the voucher, ESC, or other forms of
assistance. The amount of assistance to be given by the government shall not exceed
the determined per student cost in public schools.

Section 24. Participating Schools. Private educational institutions, non-DepEd

public schools, and other potential providers of basic learning needs that may be authorized
to offer senior high school are eligible to participate in programs of assistance, as may be
applicable, under the E-GASTPE program and other financial arrangements formulated by
the DepEd and DBM based on the principles of public-private partnership. The continued
participation of said providers in the E-GASTPE program and other financial arrangements is
subject to their meeting minimum requirements and standards, including student
performance, as determined by the DepEd.
To promote partnership and greater cooperation between public and private
educational institutions, government will take into account existing and potential capacities
of private educational institutions in expanding public school capacity.

Section 25. Implementation Mechanisms. The DepEd may enter into contractual
arrangements or establish new mechanisms for the design, administration, and supervision
of programs of assistance or aspects thereof, subject to the approval of the appropriate
government agencies. For this purpose, the DepEd shall:

Section 26. Funding Requirement. The budgetary requirement of the programs

under this Rule shall be ensured by the national government.

The DepEd shall encourage private and corporate donors to support the programs of
assistance in this section under the framework of Republic Act No. 8525, entitled, “An Act
Establishing An ‘Adopt-A-School Program,’ Providing Incentives Therefor, And For Other
Purposes,” and other relevant laws and policies.

Section 27. Timeframe. The DepEd shall implement the programs provided in this
Rule no later than the start of School Year 2016-2017.

Section 28. Additional Beneficiaries. The DepEd may develop similar programs of
assistance for kindergarten and elementary pupils and alternative learning system learners
in accordance with specific objectives, taking into account the need and capacities of public
and private educational institutions.

RULE VII. TRANSITORY PROVISIONS

Section 29. Private Basic Educational Institutions’ Transition to the Enhanced

Basic Education Program.

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 The DepEd shall ensure the smooth transition of private elementary and high schools
in the country that are not aligned with the enhanced basic education program. Private
educational institutions or a group thereof shall develop their plans detailing how to
transition from their current basic education system to the enhanced basic education
program. The DepEd shall provide the appropriate guidelines on the evaluation of the
transition plans.

Private educational institutions offering twelve (12) to thirteen (13) years of basic
education prior to the enactment of this Act shall submit to the DepEd their transition plans
within twelve (12) months from the effectivity of this IRR, subject to the guidelines that will
be issued by the DepEd.

Section 30. Implementation Mechanisms and Strategies. Pursuant to Section 12 of

the Act, the DepEd, CHED and TESDA shall formulate the appropriate strategies and
mechanisms needed to ensure smooth transition from the existing ten (10) years basic
education cycle to the enhanced basic education program. The strategies may cover, among
others, changes in physical infrastructure, human resource, organizational and structural
concerns, bridging models linking secondary education competencies and the entry
requirements of new tertiary curricula, and partnerships between the government and other
entities. Modeling for Senior High School (SHS) may be implemented in selected schools to
simulate the transition process and provide concrete data for the transition plan following
the guidelines set by the DepEd. The results of the SHS modeling program may be
considered in the nationwide implementation of the SHS program in School Year 2016-2017.

30.1. Partnerships with HEIs and TVIs. To manage the initial implementation of the
enhanced basic education program and mitigate the expected multi-year low
enrolment turnout for HEIs and TVIs starting School Year 2016-2017, the DepEd shall
engage in partnerships with HEIs and TVIs for the utilization of the latter’s human
and physical resources, and issue relevant guidelines on such partnerships. Moreover,
the DepEd, CHED, TESDA, TVIs and HEIs shall coordinate closely with one another to
implement strategies that ensure the academic, physical, financial, and human
resource capabilities of HEIs and TVIs to provide educational and training services for
graduates of the enhanced basic education program to ensure that they are not
adversely affected. The faculty of HEIs and TVIs allowed to teach students of
secondary education under Section 8 of the Act, shall be given priority in hiring for the
duration of the transition period.

30.2. Financing Framework for State Universities and Colleges During the
Transition Period. The CHED and DBM shall review the financing policy framework
for State Universities and Colleges in light of the Act with the end in view of optimizing
the use of government resources for education, the results of which shall be covered
by a joint administrative issuance.

30.3. Effects of Initial Implementation of the Enhanced Basic Education Program

on Industry Human Resource Requirements. The DOLE, CHED, DepEd, TESDA and
PRC, in coordination with industry associations and chambers of commerce, shall
develop a contingency plan, not later than the start of School Year 2015-2016, to
mitigate the effects of the enhanced basic education program with respect to a
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 potential reduction or absence of college graduates to meet the human resource
requirements of industry. The plan shall contain mitigation strategies for industries to
adjust their employment policies as deemed necessary and expedient, and may
include the adoption of other relevant programs or appropriate qualifications.

Section 31. Labor and Management Rights. In the implementation of the Act,
including the transition period, the rights of labor as provided in the Constitution, the Civil
Service Rules and Regulations, Labor Code of the Philippines, and existing collective
agreements, as well as the prerogatives of management, shall be respected. The DOLE,
DepEd, CHED and TESDA shall promulgate the appropriate joint administrative issuance,
within sixty (60) days from the effectivity of this IRR, to ensure the sustainability of the
private and public educational institutions, and the promotion and protection of the rights,
interests and welfare of teaching and non-teaching personnel.

For this purpose, the DOLE shall convene a technical panel with representatives from
the DepEd, CHED, TESDA and representatives from both teaching and non-teaching
personnel organizations, and administrators of the educational institutions.

Section 32. Transition Period. The transition period shall be reckoned from the date
of the approval of this IRR until the end of School Year 2021-2022.

RULE VIII. JOINT CONGRESSIONAL OVERSIGHT COMMITTEE

Section 33. Joint Congressional Oversight Committee on the Enhanced Basic

Education Program. The Joint Congressional Oversight Committee created under Section 13
of the Act shall be composed of five (5) members each from the Senate and from the House,
including Chairs of the Committees on Education, Arts and Culture, and Finance of both
Houses. The membership of the Committee for every House shall have at least two (2)
opposition or minority members.

RULE IX. MANDATORY EVALUATION AND REVIEW

Section 34. Mandatory Evaluation and Review. By the end of School Year 2014-
2015, the DepEd shall conduct a mandatory review and submit a midterm report to Congress
as to the status of implementation of the Enhanced Basic Education Program in terms of
closing the following current shortages: (a) teachers; (b) classrooms; (c) textbooks; (d) seats;
(e) toilets; (f) other shortages that should be addressed.

RULE X. COMMITMENT TO INTERNATIONAL BENCHMARKS

Section 35. Commitment to International Benchmarks. The DepEd shall endeavor

to increase the per capita spending on education towards the immediate attainment of
international benchmarks. Towards this end, the DepEd shall seek to:

a) engage local government units to efficiently use the special education fund and
other funds to advance and promote basic education;

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 b) implement programs that will enhance private sector participation and partnership
in basic education; and

c) propose an annual budget allocation in accordance with these goals. The DepEd
shall further develop a multi-year spending plan to ensure that the UNESCO-
prescribed standards on education spending are attained.

RULE XI. FINAL PROVISIONS

Section 36. Appropriations. Pursuant to Section 11 of the Act, the initial funding for
the operationalization of the Enhanced Basic Education Program shall be charged against
the current appropriations of the DepEd.

Section 37. Implementing Details. The DepEd, CHED and TESDA may issue such
policies and guidelines as may be necessary to further implement this IRR.

Section 38. Amendment. Amendments to this IRR shall be jointly promulgated by

the DepEd Secretary, CHED Chairperson, and TESDA Director-General.

Section 39. Separability Clause. Should any provision of this IRR be subsequently
declared invalid or unconstitutional, the same shall not affect the validity and effectivity of
the other provisions.

Section 40. Repealing Clause. Pursuant to Section 18 of the Act, rules and
regulations implementing the pertinent provisions of Batas Pambansa Bilang 232 or
the “Education Act of 1982,” Republic Act No. 9155 or the “Governance of Basic Education Act
of 2001,” Republic Act No. 9258, Republic Act No. 7836, and all other laws, decrees,
executive orders and rules and regulations, contrary to or inconsistent with the provisions of
the Act are deemed repealed or modified accordingly.

Section 41. Effectivity Clause. This IRR shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation.

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 Republic Act No. 7610
By: Gelcy Joy G. Abejar

AN ACT PROVIDING FOR STRONGER DETERRENCE

AND SPECIAL PROTECTION AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES

ARTICLE I
Title, Policy, Principles and Definitions of Terms

Section 1. Title. – This Act shall be known as the "Special Protection of Children
Against Abuse, Exploitation and Discrimination Act."

Section 2. Declaration of State Policy and Principles. – It is hereby declared to be

the policy of the State to provide special protection to children from all firms of abuse,
neglect, cruelty exploitation and discrimination and other conditions, prejudicial their
development; provide sanctions for their commission and carry out a program for prevention
and deterrence of and crisis intervention in situations of child abuse, exploitation and
discrimination. The State shall intervene on behalf of the child when the parent, guardian,
teacher or person having care or custody of the child fails or is unable to protect the child
against abuse, exploitation and discrimination or when such acts against the child are
committed by the said parent, guardian, teacher or person having care and custody of the
same.
It shall be the policy of the State to protect and rehabilitate children gravely
threatened or endangered by circumstances which affect or will affect their survival and
normal development and over which they have no control.

Section 3. Definition of Terms. –

(a) "Children" refers to person below eighteen (18) years of age or those over but are
unable to fully take care of themselves or protect themselves from abuse, neglect,
cruelty, exploitation or discrimination because of a physical or mental disability or
condition;

(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child
which includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and
emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic
worth and dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and
shelter; or
(4) Failure to immediately give medical treatment to an injured child resulting in
serious impairment of his growth and development or in his permanent
incapacity or death.
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 (c) "Circumstances which gravely threaten or endanger the survival and normal
development of children" include, but are not limited to, the following;
(1) Being in a community where there is armed conflict or being affected by
armed conflict-related activities;
(2) Working under conditions hazardous to life, safety and normal which unduly
interfere with their normal development;
(3) Living in or fending for themselves in the streets of urban or rural areas
without the care of parents or a guardian or basic services needed for a good
quality of life;
(4) Being a member of a indigenous cultural community and/or living under
conditions of extreme poverty or in an area which is underdeveloped and/or
lacks or has inadequate access to basic services needed for a good quality of
life;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those abovestated which endanger the life,
safety or normal development of children.

The best interests of children shall be the paramount consideration in all

actions concerning them, whether undertaken by public or private social welfare
institutions, courts of law, administrative authorities, and legislative bodies,
consistent with the principle of First Call for Children as enunciated in the United
Nations Convention of the Rights of the Child. Every effort shall be exerted to promote
the welfare of children and enhance their opportunities for a useful and happy life.

(d) "Comprehensive program against child abuse, exploitation and

discrimination" refers to
the coordinated program of services and facilities to protected children against:
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and normal
development of children.

ARTICLE II
Program on Child Abuse, Exploitation and Discrimination

Section 4. Formulation of the Program. – There shall be a comprehensive program

to be formulated, by the Department of Justice and the Department of Social Welfare and
Development in coordination with other government agencies and private sector concerned,
within one (1) year from the effectivity of this Act, to protect children against child
prostitution and other sexual abuse; child trafficking, obscene publications and indecent
shows; other acts of abuse; and circumstances which endanger child survival and normal
development.

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 ARTICLE III
Child Prostitution and Other Sexual Abuse

Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or
female, who for money, profit, or any other consideration or due to the coercion or influence
of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are
deemed to be children exploited in prostitution and other sexual abuse. circumstances which
would lead a reasonable person to believe that the child is about to be exploited in
prostitution and other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of Section 5
hereof when any person is receiving services from a child in a sauna parlor or bath, massage
clinic, health club and other similar establishments. A penalty lower by two (2) degrees than
that prescribed for the consummated felony under Section 5 hereof shall be imposed upon
the principals of the attempt to commit the crime of child prostitution under this Act, or, in
the proper case, under the Revised Penal Code.

ARTICLE IV
Child Trafficking

Section 7. Child Trafficking. – Any person who shall engage in trading and dealing
with children including, but not limited to, the act of buying and selling of a child for money,
or for any other consideration, or barter, shall suffer the penalty of reclusion temporal to
reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is
under twelve (12) years of age.

Section 8. Attempt to Commit Child Trafficking. – There is an attempt to commit

child trafficking under Section 7 of this Act:1awphi1@alf

(a) When a child travels alone to a foreign country without valid reason therefor and
without clearance issued by the Department of Social Welfare and Development or
written permit or justification from the child's parents or legal guardian;
(c) When a person, agency, establishment or child-caring institution recruits women or
couples to bear children for the purpose of child trafficking; or

(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil
registrar or any other person simulates birth for the purpose of child trafficking; or

e) When a person engages in the act of finding children among low-income families,
hospitals, clinics, nurseries, day-care centers, or other child-during institutions who
can be offered for the purpose of child trafficking.

A penalty lower two (2) degrees than that prescribed for the consummated felony
under Section 7 hereof shall be imposed upon the principals of the attempt to commit
child trafficking under this Act.

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 ARTICLE V
Obscene Publications and Indecent Shows

Section 9. Obscene Publications and Indecent Shows. – Any person who shall hire,
employ, use, persuade, induce or coerce a child to perform in obscene exhibitions and
indecent shows, whether live or in video, or model in obscene publications or pornographic
materials or to sell or distribute the said materials shall suffer the penalty of prision mayor in
its medium period.
If the child used as a performer, subject or seller/distributor is below twelve (12) years
of age, the penalty shall be imposed in its maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a child
who shall cause and/or allow such child to be employed or to participate in an obscene play,
scene, act, movie or show or in any other acts covered by this section shall suffer the penalty
of prision mayor in its medium period.

ARTICLE VI
Other Acts of Abuse

Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other
Conditions Prejudicial to the Child's Development. –

(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation
or to be responsible for other conditions prejudicial to the child's development
including those covered by Article 59 of Presidential Decree No. 603, as amended, but
not covered by the Revised Penal Code, as amended, shall suffer the penalty of prision
mayor in its minimum period.

b) Any person who shall keep or have in his company a minor, twelve (12) years or
under or who in ten (10) years or more his junior in any public or private place, hotel,
motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor,
beach and/or other tourist resort or similar places shall suffer the penalty of prision
mayor in its maximum period and a fine of not less than Fifty thousand pesos
(P50,000): Provided, That this provision shall not apply to any person who is related
within the fourth degree of consanguinity or affinity or any bond recognized by law,
local custom and tradition or acts in the performance of a social, moral or legal duty.

(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this
Act to keep or have in his company a minor as provided in the preceding paragraph
shall suffer the penalty of prision mayor in its medium period and a fine of not less
than Forty thousand pesos (P40,000); Provided, however, That should the perpetrator
be an ascendant, stepparent or guardian of the minor, the penalty to be imposed shall
be prision mayor in its maximum period, a fine of not less than Fifty thousand pesos
(P50,000), and the loss of parental authority over the minor.

(d) Any person, owner, manager or one entrusted with the operation of any public or
private place of accommodation, whether for occupancy, food, drink or otherwise,
including residential places, who allows any person to take along with him to such
place or places any minor herein described shall be imposed a penalty of prision
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 mayor in its medium period and a fine of not less than Fifty thousand pesos (P50,000),
and the loss of the license to operate such a place or establishment.

(e) Any person who shall use, coerce, force or intimidate a street child or any other
child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional
in its medium period to reclusion perpetua.

For purposes of this Act, the penalty for the commission of acts punishable under
Articles 248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the
Revised Penal Code, for the crimes of murder, homicide, other intentional mutilation, and
serious physical injuries, respectively, shall be reclusion perpetua when the victim is under
twelve (12) years of age. The penalty for the commission of acts punishable under Article 337,
339, 340 and 341 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of
qualified seduction, acts of lasciviousness with the consent of the offended party, corruption
of minors, and white slave trade, respectively, shall be one (1) degree higher than that
imposed by law when the victim is under twelve (12) years age.

The victim of the acts committed under this section shall be entrusted to the care of
the Department of Social Welfare and Development.

ARTICLE VII

Section 11. Sanctions of Establishments or Enterprises which Promote,

Facilitate, or Conduct Activities Constituting Child Prostitution and Other Sexual
Abuse, Child Trafficking, Obscene Publications and Indecent Shows, and Other Acts
of Abuse

(2) When a child's employment or participation in public & entertainment or

information through cinema, theater, radio or television is essential: Provided, The
employment contract concluded by the child's parent or guardian, with the express
agreement of the child concerned, if possible, and the approval of the Department of Labor
and Employment: Provided, That the following requirements in all instances are strictly
complied with:

(a) The employer shall ensure the protection, health, safety and morals of the child;

(b) the employer shall institute measures to prevent the child's exploitation or
discrimination taking into account the system and level of remuneration, and the
duration and arrangement of working time; and;

(c) The employer shall formulate and implement, subject to the approval and
supervision of competent authorities, a continuing program for training and skill
acquisition of the child.

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 In the above exceptional cases where any such child may be employed, the employer
shall first secure, before engaging such child, a work permit from the Department of Labor
and Employment which shall ensure observance of the above requirement.

The Department of Labor Employment shall promulgate rules and regulations

necessary for the effective implementation of this Section.

Section 13. Non-formal Education for Working Children. – The Department of

Education, Culture and Sports shall promulgate a course design under its non-formal
education program aimed at promoting the intellectual, moral and vocational efficiency of
working children who have not undergone or finished elementary or secondary education.
Such course design shall integrate the learning process deemed most effective under given
circumstances.

Section 14. Prohibition on the Employment of Children in Certain

Advertisements. – No person shall employ child models in all commercials or advertisements
promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts and violence.

Section 15. Duty of Employer. – Every employer shall comply with the duties
provided for in Articles 108 and 109 of Presidential Decree No. 603.

Section 16. Penalties. – Any person who shall violate any provision of this Article
shall suffer the penalty of a fine of not less than One thousand pesos (P1,000) but not more
than Ten thousand pesos (P10,000) or imprisonment of not less than three (3) months but
not more than three (3) years, or both at the discretion of the court; Provided, That, in case of
repeated violations of the provisions of this Article, the offender's license to operate shall be
revoked.

ARTICLE IX
Children of Indigenous Cultural Communities

Section 17. Survival, Protection and Development. – In addition to the rights

guaranteed to children under this Act and other existing laws, children of indigenous
cultural communities shall be entitled to protection, survival and development consistent
with the customs and traditions of their respective communities.

Section 18. System of and Access to Education. – The Department of Education,

Culture and Sports shall develop and institute an alternative system of education for children
of indigenous cultural communities which culture-specific and relevant to the needs of and
the existing situation in their communities. The Department of Education, Culture and
Sports shall also accredit and support non-formal but functional indigenous educational
programs conducted by non-government organizations in said communities.

Section 19. Health and Nutrition. – The delivery of basic social services in health
and nutrition to children of indigenous cultural communities shall be given priority by all
government agencies concerned. Hospitals and other health institution shall ensure that
children of indigenous cultural communities are given equal attention. In the provision of

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health and nutrition services to children of indigenous cultural communities, indigenous
health practices shall be respected and recognized.

Section 20. Discrimination. – Children of indigenous cultural communities shall not

be subjected to any and all forms of discrimination.
Any person who discriminate against children of indigenous cultural communities
shall suffer a penalty of arresto mayor in its maximum period and a fine of not less than Five
thousand pesos (P5,000) more than Ten thousand pesos (P10,000).
Section 21. Participation. – Indigenous cultural communities, through their duly-
designated or appointed representatives shall be involved in planning, decision-making
implementation, and evaluation of all government programs affecting children of indigenous
cultural communities. Indigenous institution shall also be recognized and respected.

ARTICLE X
Children in Situations of Armed Conflict

Section 22. Children as Zones of Peace. – Children are hereby declared as Zones of
Peace. It shall be the responsibility of the State and all other sectors concerned to resolve
armed conflicts in order to promote the goal of children as zones of peace. To attain this
objective, the following policies shall be observed.
(a) Children shall not be the object of attack and shall be entitled to special respect.
They shall be protected from any form of threat, assault, torture or other cruel,
inhumane or degrading treatment;
(b) Children shall not be recruited to become members of the Armed Forces of the
Philippines of its civilian units or other armed groups, nor be allowed to take part in
the fighting, or used as guides, couriers, or spies;
(c) Delivery of basic social services such as education, primary health and emergency
relief services shall be kept unhampered;
d) The safety and protection of those who provide services including those involved in
fact-finding missions from both government and non-government institutions shall be
ensured. They shall not be subjected to undue harassment in the performance of their
work;
(e) Public infrastructure such as schools, hospitals and rural health units shall not be
utilized for military purposes such as command posts, barracks, detachments, and
supply depots; and
(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily
separated due to armed conflict.

Section 23. Evacuation of Children During Armed Conflict. – Children shall be

given priority during evacuation as a result of armed conflict. Existing community
organizations shall be tapped to look after the safety and well-being of children during
evacuation operations. Measures shall be taken to ensure that children evacuated are
accompanied by persons responsible for their safety and well-being.

Section 24. Family Life and Temporary Shelter. – Whenever possible, members of
the same family shall be housed in the same premises and given separate accommodation
from other evacuees and provided with facilities to lead a normal family life. In places of
temporary shelter, expectant and nursing mothers and children shall be given additional
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food in proportion to their physiological needs. Whenever feasible, children shall be given
opportunities for physical exercise, sports and outdoor games.

Section 25. Rights of Children Arrested for Reasons Related to Armed

Conflict. – Any child who has been arrested for reasons related to armed conflict, either as
combatant, courier, guide or spy is entitled to the following rights;

(a) Separate detention from adults except where families are accommodated as family
units;

(b) Immediate free legal assistance;

(c) Immediate notice of such arrest to the parents or guardians of the child; and

(d) Release of the child on recognizance within twenty-four (24) hours to the custody of
the Department of Social Welfare and Development or any responsible member of the
community as determined by the court.

If after hearing the evidence in the proper proceedings the court should find
that the aforesaid child committed the acts charged against him, the court shall
determine the imposable penalty, including any civil liability chargeable against him.
However, instead of pronouncing judgment of conviction, the court shall suspend all
further proceedings and shall commit such child to the custody or care of the
Department of Social Welfare and Development or to any training institution operated
by the Government, or duly-licensed agencies or any other responsible person, until
he has had reached eighteen (18) years of age or, for a shorter period as the court may
deem proper, after considering the reports and recommendations of the Department of
Social Welfare and Development or the agency or responsible individual under whose
care he has been committed.

The aforesaid child shall subject to visitation and supervision by a

representative of the Department of Social Welfare and Development or any duly-
licensed agency or such other officer as the court may designate subject to such
conditions as it may prescribe.
The aforesaid child whose sentence is suspended can appeal from the order of
the court in the same manner as appeals in criminal cases.

Section 26. Monitoring and Reporting of Children in Situations of Armed

Conflict. – The chairman of the barangay affected by the armed conflict shall submit the
names of children residing in said barangay to the municipal social welfare and development
officer within twenty-four (24) hours from the occurrence of the armed conflict.

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 ARTICLE XI
Remedial Procedures

Section 27. Who May File a Complaint. – Complaints on cases of unlawful acts
committed against the children as enumerated herein may be filed by the following
a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of
consanguinity;1awphi1@ITC
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation occurred.

Section 28. Protective Custody of the Child. – The offended party shall be
immediately placed under the protective custody of the Department of Social Welfare and
Development pursuant to Executive Order No. 56, series of 1986. In the regular performance
of this function, the officer of the Department of Social Welfare and Development shall be free
from any administrative, civil or criminal liability. Custody proceedings shall be in
accordance with the provisions of Presidential Decree No. 603.

Section 29. Confidentiality. – At the instance of the offended party, his name may
be withheld from the public until the court acquires jurisdiction over the case.
It shall be unlawful for any editor, publisher, and reporter or columnist in case of
printed materials, announcer or producer in case of television and radio broadcasting,
producer and director of the film in case of the movie industry, to cause undue and
sensationalized publicity of any case of violation of this Act which results in the moral
degradation and suffering of the offended party.Lawphi1@alf

Section 30. Special Court Proceedings. – Cases involving violations of this Act shall
be heard in the chambers of the judge of the Regional Trial Court duly designated as Juvenile
and Domestic Court.
Any provision of existing law to the contrary notwithstanding and with the exception of
habeas corpus, election cases, and cases involving detention prisoners and persons covered
by

Republic Act No. 4908, all courts shall give preference to the hearing or disposition of
cases involving violations of this Act.

ARTICLE XII
Common Penal Provisions

Section 31. Common Penal Provisions. –

(a) The penalty provided under this Act shall be imposed in its maximum period if the
offender has been previously convicted under this Act;

179
 (b) When the offender is a corporation, partnership or association, the officer or
employee thereof who is responsible for the violation of this Act shall suffer the penalty
imposed in its maximum period;

(c) The penalty provided herein shall be imposed in its maximum period when the
perpetrator is an ascendant, parent guardian, stepparent or collateral relative within
the second degree of consanguinity or affinity, or a manager or owner of an
establishment which has no license to operate or its license has expired or has been
revoked;
(d) When the offender is a foreigner, he shall be deported immediately after service of
sentence and forever barred from entry to the country;

(e) The penalty provided for in this Act shall be imposed in its maximum period if the
offender is a public officer or employee: Provided, however, That if the penalty imposed
is reclusion perpetua or reclusion temporal, then the penalty of perpetual or
temporary absolute disqualification shall also be imposed: Provided, finally, That if the
penalty imposed is prision correccional or arresto mayor, the penalty of suspension
shall also be imposed; and

(f) A fine to be determined by the court shall be imposed and administered as a cash
fund by the Department of Social Welfare and Development and disbursed for the
rehabilitation of each child victim, or any immediate member of his family if the latter
is the perpetrator of the offense.

ARTICLE XIII
Final Provisions

Section 32. Rules and Regulations. – Unless otherwise provided in this Act, the
Department of Justice, in coordination with the Department of Social Welfare and
Development, shall promulgate rules and regulations of the effective implementation of this
Act.
Such rules and regulations shall take effect upon their publication in two (2) national
newspapers of general circulation.

Section 33. Appropriations. – The amount necessary to carry out the provisions of
this Act is hereby authorized to be appropriated in the General Appropriations Act of the year
following its enactment into law and thereafter.

Section 34. Separability Clause. – If any provision of this Act is declared invalid or
unconstitutional, the remaining provisions not affected thereby shall continue in full force
and effect.

Section 35. Repealing Clause. – All laws, decrees, or rules inconsistent with the
provisions of this Acts are hereby repealed or modified accordingly.

Section 36. Effectivity Clause. – This Act shall take effect upon completion of its
publication in at least two (2) national newspapers of general circulation.

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 Ra 10627: The Anti-Bullying Act
By: Ma. Regina Evalle-Oclarit

A. Introduction

Republic Act 10627, or the Anti-Bullying Act (the “Act”), aims to protect children
enrolled in kindergarten, elementary, and secondary schools and learning centers
(collectively, “Schools”) from being bullied. It requires Schools to adopt policies to address the
existence of bullying in their respective institutions.

B. Bullying

1. What is Bullying?
Bullying, as defined under the Act, is 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:
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;
Any act that causes damage to a victim’s psyche and/or emotional well-being;
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
Cyber-bullying or any bullying done through the use of technology or any electronic
means. The term shall also include any conduct resulting to harassment, intimidation, or
humiliation, through the use of other forms of technology, such as, but not limited to texting,
email, instant messaging, chatting, internet, social media, online games, or other platforms
or formats.
Social bullying, or any deliberate, repetitive and aggressive social behavior intended to
hurt others or to belittle another individual or group.
Gender-based bullying, or any act that humiliates or excludes a person on the basis of
perceived or actual sexual orientation and gender identity.
As such, any person who commits any of the foregoing acts, is considered a
bully. Furthermore, any act of 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, is likewise prohibited.

2. Where may bullying be committed?

Bullying may happen at the following:
School grounds;
Property immediately adjacent to School grounds;
School-sponsored or School-related activities, functions or programs whether on or off School
grounds;

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School bus stops;
School buses or other vehicles owned, leased or used by a School; or
School buses or School services privately-owned but accredited by the School.
Bullying may also occur at unrelated locations, functions or programs, through the use of
technology or an electronic device or other forms of media, regardless if such is owned,
leased, or used by the School.

C. School Obligations

1. What are required of Schools under the Act?

Schools are directed to adopt policies, which are to be regularly updated, to address
the existence of bullying in their respective institutions. These policies are to be reported to
the appropriate school division superintendent of the Department of Education
(“Department”) during the first week of every academic year. During this period, the School
shall also submit a report of relevant information and statistics on bullying and retaliation
culled from the previous academic year.

2. What must these policies contain?

First of all, the policies must prohibit bullying as already defined. Schools must
likewise define the range of administrative disciplinary actions that may be taken against a
bully, or a person who commits retaliation. These actions must be commensurate with the
nature and gravity of the offense committed. Such actions may include written reprimands,
community service, suspension, exclusion or expulsion, as the case may be. In addition to
any action taken against a perpetrator of bullying or retaliation must necessarily include the
requirement that the perpetrator enter into a rehabilitation program administered by the
School.
The School shall also educate parents and guardians about bullying, its effects, the anti-
bullying policies of the School, and how such parents or guardians can provide support in
imparting upon their charges the gravity of bullying, and to reinforce the policies of the
School. The School shall provide the students and their parents or guardians with copies of
these policies, which shall likewise be included in the student and employee manual of the
School.
The School shall likewise establish clear procedures and strategies for:
Reporting acts of bullying or retaliation. The School must provide an avenue wherein
students may anonymously report acts of bullying or retaliation;
Responding promptly to and investigating reports of bullying or retaliation;
Restoring a sense of safety for a victim and assessing the student’s need for protection;
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
Providing counseling or referral to appropriate services for perpetrators, victims and
appropriate family members of said students;
In all cases wherein a penalty may possibly be imposed, due process must be observed to
prevent false accusations of bullying. At a minimum, the School complies with the
requirements of due process by:
Informing the student and parent or guardian of the complaint in writing;
Giving the student, with the assistance of his parents or guardian, an opportunity to answer
the complaint in writing;
Requiring the School head to issue the decision, in writing, and stating the facts and reasons
thereof; and
Allowing an appeal for the decision with the appropriate division office of the Department.
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Any student, after due investigation, found to have knowingly made a false accusation of
bullying shall be subjected to appropriate disciplinary action or intervention in accordance
with the rules of the School or the Department.

3. Who will implement these anti-bullying policies of the School?

The School’s Child Protection Committee (“Committee”) shall serve as the body which will
handle all bullying cases in the School. The Committee shall be composed of:
the School head or administrator as chairperson;
the School guidance counselor/teacher as vice chairperson;
a representative of the Schools teachers as designated by the School faculty;
a representative of the parents as designated by the Parents-Teachers Association;
a representative of the students, except in kindergarten, as designated by the student
council; and
a representative of the community as designated by the barangay captain wherein the school
is located. The inclusion of a community representative may be dispensed with by private
Schools.

4. What are the duties of the Committee?

Under the Act, they shall perform the following:
Conduct awareness-raising programs with school stakeholders in preventing and addressing
bullying;
Ensure that the anti-bullying policy adopted by the School is implemented;
Monitor all cases or incidents related to all reported cases of bullying; and
Make the necessary referrals to appropriate agencies, offices or persons, as may be required
by the circumstances.

5. How does the School treat the information in bullying cases?

Any information relating to the identity and personal circumstances of the bully, victim, or
person who reported or witnessed the incident shall be treated with utmost confidentiality by
the Committee and the School, provided, that the names may only be available to the School
head or administrator, teacher or guidance counselor designated by the school head, and
parents or guardians of students who are or have been victims of bullying or retaliation.

6. What happens if the School, or its personnel, fails to comply with the Act?
School personnel of public Schools shall be subject to administrative disciplinary
proceedings under the rules of the Civil Service or the Department. Erring personnel of
private Schools shall be subject to appropriate administrative disciplinary proceedings
imposed by the private School. Copies of such decisions shall be submitted by the private
School to the Department’s division office.
Private Schools which fail to comply with the Act and its IRR shall be shall be given notice of
such failure by the Department’s division office. The School shall be given thirty (30) days
within which to comply. A further extension of one (1) month may me be granted by the
Department’s Regional Director in meritorious cases. Failure to comply with the Act or its
IRR may cause the School’s suspension, or revocation of license.

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 DEPED ORDER NO. 40, S. 2012
By: Ma. Regina Evalle-Oclarit

POLICY AND GUIDELINES ON PROTECTING CHILDREN IN SCHOOL

FROM ABUSE, VIOLENCE, EXPLOITATION, DISCRIMINATION,
BULLYING AND OTHER FORMS OF ABUSE

GENERAL PROVISIONS

SECTION 1. SHORT TITLE

This Department Order shall be known as the “DepEd Child Protection Policy.”

SECTION 2. – STATEMENT OF POLICY

Pursuant to the 1987 Constitution, the State shall defend the right of children to assistance,
including proper care and nutrition, and special protection from all forms of neglect, abuse,
cruelty, exploitation and other conditions prejudicial to their development (Article XV, Section
3 [2]).
The Constitution further provides that all educational institutions shall inculcate patriotism
and nationalism, foster love of humanity, respect for human rights, appreciation of the role of
national heroes in the historical development of the country, teach the rights and duties of
citizenship, strengthen ethical and spiritual values, develop moral character and personal
discipline, encourage critical and creative thinking, broaden scientific and technological
knowledge, and promote vocational efficiency. (Article XIV, Section 3 [2]).
The Convention on the Rights of the Child (CRC) aims to protect children from all forms of
physical or mental violence, injury and abuse, neglect or negligent treatment, maltreatment
and exploitation, including sexual abuse. The same Convention establishes the right of the
child to education, and with a view to achieving this right progressively, and on the basis of
equal opportunity, it obliges the government to take measures to encourage regular
attendance in school and reduce dropout rates. Thus, it is mandated that all appropriate
measures be undertaken to ensure that school discipline is administered in a manner
consistent with the child’s human dignity, and in conformity with the CRC.
Towards this end, the Department of Education (DepEd), in collaboration with its partners
and stakeholders, shall ensure that all schools are conducive to the education of children.
The best interest of the child shall be the paramount consideration in all decisions and
actions involving children, whether undertaken by public or private social welfare institutions,
courts of law, administrative authorities, and legislative bodies, consistent with the principle
of First Call for Children, as enunciated in the CRC. Teachers and learning facilitators
especially in learning centers are their substitute parents, and are expected to discharge
their functions and duties with this in mind. In this connection, the Family Code empowers
the school, its administrators and teachers, or the individual, entity or institution engaged in
child care to exercise the special parental authority and responsibility over the child, while
under their supervision, instruction or custody.
The Department recognizes that cases of abuse may arise as a result of the difficult
situations faced by teachers and other officials within and outside school.
DepEd has adopted the policy to provide special protection to children who are gravely
threatened or endangered by circumstances which affect their normal development and over
which they have no control, and to assist the concerned agencies in their rehabilitation.

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Furthermore, this Department aims to ensure such special protection from all forms of abuse
and exploitation and care as is necessary for the child’s well-being, taking into account the
primary rights and duties of parents, legal guardians, or other individuals who are legally
responsible and exercise custody over the child. DepEd recognizes the participatory rights of
the child in the formulation and implementation of policies, and in all proceedings affecting
them, whether they be victims or aggressors, either directly, or through a representative.
Accordingly, this Department reiterates a zero tolerance policy for any act of child abuse,
exploitation, violence, discrimination, bullying and other forms of abuse, and hereby
promulgates this Department Order.

SECTION 3. – DEFINITION OF TERMS

A. “Child” – refers to any person below eighteen (18) years of age or those over but are unable
to fully take care of themselves or protect themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or mental disability or condition; (RA
7610). For purposes of this Department Order, the term also includes pupils or students who
may be eighteen (18) years of age or older but are in school.
B. “Children in School” – refers to bona fide pupils, students or learners who are enrolled in
the basic education system, whether regular, irregular, transferee or repeater, including
those who have been temporarily out of school, who are in the school or learning centers
premises or participating in school-sanctioned activities.
C. “Pupil, Student or Learner” – means a child who regularly attends classes in any level of
the basic education system, under the supervision and tutelage of a teacher or facilitator.
D. “School Personnel” – means the persons, singly or collectively, working in a public or
private school. They are classified as follows:
a. “School Head” refers to the chief executive officer or administrator of a public or private
school or learning center.
b. “Other School Officials” include other school officers, including teachers, who are
occupying supervisory positions or positions of responsibility, and are involved in policy
formulation or implementation in a school.
c. “Academic Personnel” includes all school personnel who are formally engaged in actual
teaching service or in research assignments, either on a full-time or a part-time basis, as well
as those who possess certain prescribed academic functions directly supportive of teaching,
such as registrars, librarians, guidance counselors, researchers, and other similar persons.
They may include school officials who are responsible for academic matters, and other school
officials.
d. “Other Personnel” includes all other non-academic personnel in the school, whatever may
be the nature of their appointment and status of employment.
E. “Child Protection” – refers to programs, services, procedures and structures that are
intended to prevent and respond to abuse, neglect, exploitation, discrimination and violence.
F. “Parents” – refers to biological parents, step-parents, adoptive parents and the common-
law spouse or partner of the parent;
G. “Guardians or Custodians” – refers to legal guardians, foster parents, and other persons,
including relatives or even non-relatives, who have physical custody of the child.
H. “School Visitor or Guest” – refers to any person who visits the school and has any official
business with the school, and any person who does not have any official business but is
found within the premises of the school. This may include those who are within the school
premises for certain reasons, e.g. student teachers, catechists, service providers, suppliers,
bidders, parents and guardians of other children.
I. “Child Abuse” – refers to the maltreatment of a child, whether habitual or not, which
includes any of the following:

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1) psychological or physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;
2) any act by deeds or words which debases, degrades or demeans the intrinsic worth and
dignity of a child as a human being;
3) unreasonable deprivation of the child’s basic needs for survival, such as food and shelter;
or
4) failure to immediately give medical treatment to an injured child resulting in serious
impairment of his or her growth and development or in the child’s permanent incapacity or
death (Sec. 3 [b], RA 7610).
J. “Discrimination against children” – refers to an act of exclusion, distinction, restriction or
preference which is based on any ground such as age, ethnicity, sex, sexual orientation and
gender identity, language, religion, political or other opinion, national or social origin,
property, birth, being infected or affected by Human Immunodeficiency Virus and Acquired
Immune Deficiency Syndrome (AIDS), being pregnant, being a child in conflict with the law,
being a child with disability or other status or condition, and which has the purpose or effect
of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal
footing, of all rights and freedoms.
K. “Child exploitation” – refers to the use of children for someone else’s advantage,
gratification or profit often resulting in an unjust, cruel and harmful treatment of the child.
These activities disrupt the child’s normal physical or mental health, education, moral or
social emotional development. It covers situations of manipulation, misuse, abuse,
victimization, oppression or ill-treatment.
There are two (2) main forms of child exploitation that are recognized:
1) Sexual exploitation – refers to the abuse of a position of vulnerability, differential power, or
trust, for sexual purposes. It includes, but it is not limited to forcing a child to participate in
prostitution or the production of pornographic materials, as a result of being subjected to a
threat, deception, coercion, abduction, force, abuse of authority, debt bondage, fraud or
through abuse of a victim’s vulnerability.
2) Economic exploitation – refers to the use of the child in work or other activities for the
benefit of others. Economic exploitation involves a certain gain or profit through the
production, distribution and consumption of goods and services. This includes, but is not
limited to, illegal child labor, as defined in RA 9231.
L. “Violence against children committed in schools” – refers to a single act or a series of acts
committed by school administrators, academic and non-academic personnel against a child,
which result in or is likely to result in physical, sexual, psychological harm or suffering, or
other abuses including threats of such acts, battery, assault, coercion, harassment or
arbitrary deprivation of liberty. It includes, but is not limited to, the following acts:
1) Physical violence refers to acts that inflict bodily or physical harm. It includes assigning
children to perform tasks which are hazardous to their physical well-being.
2) Sexual violence refers to acts that are sexual in nature. It includes, but is not limited to:
a) rape, sexual harassment, acts of lasciviousness, making demeaning and sexually
suggestive remarks, physically attacking the sexual parts of the victim’s body;
b) forcing the child to watch obscene publications and indecent shows or forcing the child to
do indecent sexual acts and/or to engage or be involved in, the creation or distribution of
such films, indecent publication or material; and
c) acts causing or attempting to cause the child to engage in any sexual activity by force,
threat of force, physical or other harm or threat of physical or other harm or coercion, or
through inducements, gifts or favors.
3) Psychological violence refers to acts or omissions causing or likely to cause mental or
emotional suffering of the child, such as but not limited to intimidation, harassment, stalking,

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damage to property, public ridicule or humiliation, deduction or threat of deduction from
grade or merit as a form of punishment, and repeated verbal abuse.
4) Other acts of violence of a physical, sexual or psychological nature that are prejudicial to
the best interest of the child.
M. “Bullying or Peer Abuse” – refers to willful aggressive behavior that is directed, towards a
particular victim who may be out-numbered, younger, weak, with disability, less confident,
or otherwise vulnerable. More particularly:
1) Bullying – is committed when a student commits an act or a series of acts directed
towards another student, or a series of single acts directed towards several students in a
school setting or a place of learning, which results in physical and mental abuse, harassment,
intimidation, or humiliation. Such acts may consist of any one or more of the following:
a. Threats to inflict a wrong upon the person, honor or property of the person or on his or her
family;
b. Stalking or constantly following or pursuing a person in his or her daily activities, with
unwanted and obsessive attention;
c. Taking of property;
d. Public humiliation, or public and malicious imputation of a crime or of a vice or defect,
whether real or imaginary, or any act, omission, condition, status, or circumstance tending
to cause dishonor, discredit or expose a person to contempt;
e. Deliberate destruction or defacement of, or damage to the child’s property;
f. Physical violence committed upon a student, which may or may not result to harm or
injury, with or without the aid of a weapon. Such violence may be in the form of mauling,
hitting, punching, kicking, throwing things at the student, pinching, spanking, or other
similar acts;
g. Demanding or requiring sexual or monetary favors, or exacting money or property, from a
pupil or student; and
h. Restraining the liberty and freedom of a pupil or student.
1) Cyber-bullying – is any conduct defined in the preceding paragraph, as resulting in
harassment, intimidation, or humiliation, through electronic means or other technology,
such as, but not limited to texting, email, instant messaging, chatting, internet, social
networking websites or other platforms or formats.
N. “Other acts of abuse by a pupil, student or learner”– refers to other serious acts of abuse
committed by a pupil, student or learner upon another pupil, student or learner of the same
school, not falling under the definition of ‘bullying’ in the preceding provisions, including but
not limited to acts of a physical, sexual or psychological nature.
O. “Corporal Punishment” – refers to a kind of punishment or penalty imposed for an alleged
or actual offense, which is carried out or inflicted, for the purpose of discipline, training or
control, by a teacher, school administrator, an adult, or any other child who has been given
or has assumed authority or responsibility for punishment or discipline. It includes physical,
humiliating or degrading punishment, including, but not limited to the following:
1) Blows such as, but not limited to, beating, kicking, hitting, slapping, or lashing, of any
part of a child’s body, with or without the use of an instrument such as, but not limited to a
cane, broom, stick, whip or belt;
2) Striking of a child’s face or head, such being declared as a “no contact zone”;
3) Pulling hair, shaking, twisting joints, cutting or piercing skin, dragging, pushing or
throwing of a child;
4) Forcing a child to perform physically painful or damaging acts such as, but not limited to,
holding a weight or weights for an extended period and kneeling on stones, salt, pebbles or
other objects;
5) Deprivation of a child’s physical needs as a form of punishment;

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6) Deliberate exposure to fire, ice, water, smoke, sunlight, rain, pepper, alcohol, or forcing the
child to swallow substances, dangerous chemicals, and other materials that can cause
discomfort or threaten the child’s health, safety and sense of security such as, but not
limited to bleach or insecticides, excrement or urine;
7) Tying up a child;
8) Confinement, imprisonment or depriving the liberty of a child;
9) Verbal abuse or assaults, including intimidation or threat of bodily harm, swearing or
cursing, ridiculing or denigrating the child;
10) Forcing a child to wear a sign, to undress or disrobe, or to put on anything that will make
a child look or feel foolish, which belittles or humiliates the child in front of others;
11) Permanent confiscation of personal property of pupils, students or learners, except when
such pieces of property pose a danger to the child or to others; and
12) Other analogous acts.
P. “Positive and Non-Violent Discipline of Children” -is a way of thinking and a holistic,
constructive and pro-active approach to teaching that helps children develop appropriate
thinking and behavior in the short and long-term and fosters self-discipline. It is based on
the fundamental principle that children are full human beings with basic human rights.
Positive discipline begins with setting the long-term goals or impacts that teachers want to
have on their students’ adult lives, and using everyday situations and challenges as
opportunities to teach life-long skills and values to students.

DUTIES AND RESPONSIBILITIES

SECTION 4. CENTRAL OFFICE

The DepEd Central Office shall have the following duties and responsibilities:
A. Develop a policy and guidelines for the prevention of violence against children in schools
and make these available to all schools;
B. Conduct a nationwide information dissemination and campaign on violence prevention
programs for children and researchbased best practices for teachers, which are intended to
promote new techniques, methodologies and research related to teaching, classroom
management, child development, positive and non-violent discipline;
C. Devise programs, campaigns and activities through the Offices of the Undersecretary for
Programs and Projects and Regional Operations, to raise consciousness, mobilize and
educate the students, parents, teachers, community, local government units and other
stakeholders in addressing child abuse, exploitation, violence, discrimination and bullying;
and
D. Formulate a system of standard reporting, prescribe standards and procedures for
monitoring and evaluation, and maintain the central repository of Regional Reports (Annex
“A”) on incidents and cases of child abuse, exploitation, violence, discrimination, bullying and
other acts of abuse, through the Office of the Undersecretary for Legal and Legislative Affairs.
The data on the number and types of reports made under these guidelines, the results of
investigations undertaken to verify the details made in the complaints, the sanctions
imposed, the action taken and the interventions adopted, are to be maintained on an annual
aggregated basis.
E. The Secretary shall exercise disciplinary jurisdiction, where appropriate, pursuant to the
Revised Rules of Procedure of the Department of Education in Administrative Cases and
other existing laws, rules and regulations.

SECTION 5. REGIONAL OFFICES

The Regional Offices shall have the following duties and responsibilities:

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A. Encourage and support advocacy campaigns and capability building activities on the
prevention of child abuse, violence, exploitation, discrimination, bullying and other forms of
abuse, promotion of positive and non-violent discipline, conflict resolution and peer
mediation;
B. Consolidate reports on incidents and cases of the Division Offices within the Region and
submit a Regional Report (Annex “A”) to the Undersecretary for Legal and Legislative Affairs;
C. Monitor and evaluate the implementation and enforcement of this Department Order by
the Schools Division Offices and such other related laws and regulations relative to abuse,
exploitation, violence and discrimination of children;
D. Exercise disciplinary jurisdiction, where appropriate, pursuant to the Revised Rules of
Procedure of the Department of Education in Administrative Cases and other existing laws,
rules and regulations; and
E. Give recommendations to the Central Office on the policies, programs, and services, to
address and prevent cases of child abuse, exploitation, violence and discrimination, bullying
and other acts of abuses, consistent with this Department Order.

SECTION 6. DIVISION OFFICES

The Division Offices shall have the following duties and responsibilities:
A. Conduct the information-dissemination activities and in-service training for teachers on
the protection of children in school from abuse, violence, exploitation, discrimination,
bullying or peer abuse and other related cases;
B. Undertake advocacy campaigns and capability building activities to enable the schools to
do the following:
Apply positive and non-violent discipline,
Formulate and implement guidelines and procedures to emphasize the role of all
stakeholders and other persons in the prevention and reporting of cases of bullying, and
Provide conflict resolution or peer mediation, including referral to appropriate service
providers, if needed;
C. Organize and conduct the capacity building activities for members of the Child Protection
Committee and Guidance Counselors/Teachers; including, but not limited to the
identification of students who may be suffering from significant harm based on any physical,
emotional or behavioral signs;
D. Develop strategies to address the risk factors that contribute to the commission of acts of
abuse, violence, exploitation, discrimination, and bullying;
E. Consolidate the reports on incidents and cases of all schools and submit a Division Report
(Annex “A”) to the Regional Office;
F. Monitor and evaluate the implementation and enforcement by public and private schools
of this Department Order and such other related laws and regulations relative to abuse,
exploitation, violence and discrimination of children;
G. Exercise disciplinary jurisdiction, where appropriate, pursuant to the Revised Rules of
Procedure of the Department of Education in Administrative Cases and other existing laws,
rules and regulations;
H. Give recommendations to the Regional Office and devise measures to address and prohibit
abuse, exploitation, violence and discrimination, and bullying or peer abuse of children,
consistent with this Department Order;
I. Utilize resources, coordinate with appropriate offices and other agency or instrumentality
for such assistance as it may require in the performance of its functions;
J. Encourage and support activities and campaigns initiated by stakeholders; and
K. Perform such other functions, as may be assigned by the Secretary or the Regional
Director.

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SECTION 7. – SCHOOLS
The School Heads shall have the following duties and responsibilities:
A. Ensure the institution of effective child protection policies and procedures, and monitor
compliance thereof;
B. Ensure that the school adopts a child protection policy;
C. Ensure that all pupils, students or learners, school personnel, parents, guardians or
custodians, and visitors and guests are made aware of child protection policy (Annex “C”).
D. Organize and convene the Child Protection Committee for the school;
E. Conduct the capacity building activities for the members of the Child Protection
Committee and Guidance Counselors/Teachers;
F. Conduct disciplinary proceedings in cases of offenses committed by pupils, students or
learners;
G. Ensure that the participatory and other rights of children are respected and upheld in all
matters and procedures affecting their welfare;
H. Maintain a record of all proceedings related to bullying or peer abuse and submit after
each school year to the Division Office the report and a copy of the intake form (Annexes “A”
& “B”, respectively);
I. Conduct the appropriate training and capabilitybuilding activities on child protection
measures and protocols;
J. Ensure that the school adopts a student Code of Conduct to be followed by every pupil,
student or learner while on school grounds, or when traveling to and from school, or during a
school-sponsored activity, and during lunch period, whether on or off campus;
K. Adopt such conflict resolution mechanisms that respect the rights of indigenous peoples,
provided that they conform to this Department Order and they uphold the rights of the child;
L. Coordinate with the appropriate offices and other agency or instrumentality for
appropriate assistance and intervention, as may be required in the performance of its
functions;
M. Coordinate with the Department of Social Welfare and Development or, the appropriate
government agencies or non-governmental organizations on a Child Protection Hotline for
reporting abuse, violence, exploitation, discrimination, bullying and other similar acts and for
counseling;
N. Ensure that all incidents of abuse, violence, exploitation, discrimination, bullying and
other similar acts are addressed in accordance with the provisions of this Department Order.

SECTION 8. DUTIES AND RESPONSIBILITIES OF SCHOOL PERSONNEL

Article 218 of the Family Code of the Philippines provides the following responsibilities of
school administrators, teachers, academic and nonacademic and other personnel:
A. Exercise special parental authority and responsibility over the child while under their
supervision, instruction and custody. Authority and responsibility shall apply to all
authorized activities whether inside or outside the premises of the school, entity or
institution.
Articles 220 and 233 of the Family Code of the Philippines, Presidential Decree No. 603, and
other related laws enumerated the following duties and responsibilities of the
abovementioned persons and personnel over the children under their supervision,
instruction and custody:
B. Keep them in their company and support, educate and instruct them by right precept and
good example;
C. Give them love and affection, advice and counsel, companionship and understanding;
D. Enhance, protect, preserve and maintain their physical and mental health at all times;

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E. Furnish them with good and wholesome educational materials, supervise their activities,
recreation and association with others, protect them from bad company and prevent them
from acquiring habits detrimental to their health, studies and morals;
F. Represent them in all matters affecting their interests;
G. Inculcate the value of respect and obedience;
H. Practice positive and non-violent discipline, as may be required under the circumstances;
provided, that in no case shall corporal punishment be inflicted upon them;
I. Perform such other duties as are imposed by law upon them, as substitute parents or
guardians; and
J. School personnel shall also strictly comply with the school’s child protection policy.

SECTION 9. DUTIES AND RESPONSIBILITIES OF PUPILS, STUDENTS AND LEARNERS

Pupils, students and learners shall have the following duties and responsibilities:
A. Comply with the school’s regulations, as long as they are in harmony with their best
interests. Pupils, students and learners shall refrain from:
i. Engaging in discrimination, or leading a group of pupils or students to discriminate
another, with reference to one’s physical appearance, weaknesses and status of any sort;
ii. Doing any act that is inappropriate or sexually provocative;
iii. Participating in behavior of other students that is illegal, unsafe or abusive;
iv. Marking or damaging school property, including books, in any way;
v. Engaging in fights or any aggressive behavior;
vi. Introducing into the school premises or otherwise possessing prohibited articles, such as
deadly weapons, drugs, alcohol, toxic and noxious substances, cigarettes and pornographic
material; and
vii. Performing other similar acts that cause damage or injury to another.
An allegation that any of these acts has been committed shall not be used to curtail the
child’s basic rights, or interpreted to defeat the objectives of this Department Order.
B. Conduct themselves in accordance with their levels of development, maturity, and
demonstrated capabilities, with a proper regard for the rights and welfare of other persons;
C. Respect another person’s rights regardless of opinion, status, gender, ethnicity, religion,
as well as everyone’s moral and physical integrity; and
D. Observe the Code of Conduct for pupils, students and learners.
Section 10. Establishment of Child Protection Committee
All public and private elementary and secondary schools shall establish a Child Protection
Committee (CPC).
A. The CPC shall be composed of the following:
School Head/Administrator – Chairperson
Guidance Counselor/ Teacher – Vice Chairperson
Representative of the Teachers as designated by the Faculty Club
Representative of the Parents as designated by the Parents-Teachers Association
Representative of pupils, students and learners as designated by the Supreme Student
Council
Representative from the Community as designated by the Punong Barangay, preferably a
member of the Barangay Council for the Protection of Children (BCPC).
B. The CPC shall perform the following functions:
Draft a school child protection policy with a code of conduct and a plan to ensure child
protection and safety, which shall be reviewed every three (3) years. The template for the
school child protection policy is attached as Annex “C”;
Initiate information dissemination programs and organize activities for the protection of
children from abuse, exploitation, violence, discrimination and bullying or peer abuse;
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Develop and implement a school-based referral and monitoring system. The template for the
referral system is attached as Annex “D”;
Establish a system for identifying students who may be suffering from significant harm based
on any physical, emotional or behavioral signs;
Identify, refer and, if appropriate, report to the appropriate offices cases involving child abuse,
exploitation, violence, discrimination and bullying;
Give assistance to parents or guardians, whenever necessary in securing expert guidance
counseling from the appropriate offices or institutions;
Coordinate closely with the Women and Child Protection Desks of the Philippine National
Police (PNP), the Local Social Welfare and Development Office (LSWDO), other government
agencies, and non-governmental organizations (NGOs), as may be appropriate;
Monitor the implementation of positive measures and effective procedures in providing the
necessary support for the child and for those who care for the child; and
Ensure that the children’s right to be heard are respected and upheld in all matters and
procedures affecting their welfare.

PREVENTIVE MEASURES TO ADDRESS CHILD ABUSE, EXPLOITATION, VIOLENCE,

DISCRIMINATION AND BULLYING AND OTHER ACTS OF ABUSE

SECTION 11. CAPACITY BUILDING OF SCHOOL OFFICIALS, PERSONNEL, PARENTS

AND STUDENTS
All public and private elementary and secondary schools shall build the capacities of school
personnel, pupils, students and learners, parents and guardians to understand and deal
with child abuse, exploitation, violence and discrimination cases, bullying and peer violence
by conducting sessions, trainings and seminars on positive peer relationships and
enhancement of social and emotional competence.
They shall use training modules which include positive and nonviolent discipline in
classroom management, anger and stress management and gender sensitivity. They shall
likewise employ means which enhance the skills and pedagogy in integrating and teaching
children’s rights in the classroom.
The programs that are intended to promote Positive and Non-Violent Discipline include, but
are not limited to, the following:
Integration of education sessions on corporal punishment and positive discipline in the
initiatives of the Parent-Teachers Associations (PTAs);
Capacity-building programs for school administrators, teachers and non-academic personnel
focused on children’s rights, child development and positive and nonviolent approaches in
teaching and classroom management, to enable them to incorporate positive discipline
messages in parent-teacher conferences and family counseling, and integrate messages on
children’s rights and corporal punishment in classroom discussions;
Encouraging and supporting the formation and initiatives of support groups among teaching
and non-teaching staff, and parents and caregivers;
Implementing specific parenting orientation sessions with parents and caregivers and other
activities;
Implementing school activities or events that raise awareness on children’s rights, corporal
punishment and positive discipline, fostering the active involvement of and providing venues
for bringing together parents, families and children;
Encouraging and supporting student-led initiatives to raise awareness on children’s rights,
corporal punishment and positive discipline; and
Setting up child-friendly mechanisms for obtaining children’s views and participation in the
formulation, monitoring and assessment of school rules and policies related to student
discipline.
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PROTECTIVE AND REMEDIAL MEASURES TO ADDRESS CHILD ABUSE, EXPLOITATION,
VIOLENCE, DISCRIMINATION, BULLYING AND OTHER ACTS OF ABUSE

SECTION 12. PROCEDURES IN HANDLING BULLYING INCIDENTS IN SCHOOLS.

A complaint for bullying or peer abuse shall be acted upon by the School Head following the
procedures herein set forth:
a. Bullying – Upon the filing of a complaint or upon notice by a school personnel or official of
any bullying or peer abuse incident, the same shall be immediately reported to the School
Head, who shall inform the parents or guardian of the victim and the offending child, in a
meeting called for the purpose. The victim and the offending child shall be referred to the
Child Protection Committee for counseling and other interventions. The penalty of reprimand,
if warranted, may be imposed by the School Head in the presence of the parents or guardians.
If bullying is committed for a second or subsequent time, after the offending child has
received counseling or other interventions, the penalty of suspension for not more than one
(1) week may be imposed by the School Head, if such is warranted. During the period of
suspension, the offending child and the parents or guardians may be required to attend
further seminars and counseling. The School Head shall likewise ensure that the appropriate
interventions, counseling and other services, are provided for the victim or victims of bullying.
b. Bullying that results in serious physical injuries or death – If the bullying or peer abuse
resulted in serious physical injuries or death, whenever appropriate, the case shall be dealt
with in accordance with the provisions of Republic Act 9344 and its Implementing Rules and
Regulations.
c. Procedure – In all cases where the imposable penalty on the offending child is suspension,
exclusion or expulsion, the following minimum requirements of due process shall be
complied with:
(1) The child and the parents or guardians must be informed of the complaint in writing;
(2) The child shall be given the opportunity to answer the complaint in writing, with the
assistance of the parents or guardian;
(3) The decision of the school head must be in writing, stating the facts and the reasons for
the decision;
(4) The decision of the school head may be appealed, as provided in existing rules of the
Department.

SECTION 13. IMPLEMENTATION OF NON-PUNITIVE MEASURES.

Depending on the gravity of the bullying committed by any pupil, student or learner, the
school may impose other non-punitive measures, in lieu of punitive measures, in accordance
with the principles of Positive and Non-Violent Discipline.

SECTION 14. OTHER ACTS OF VIOLENCE OR ABUSE.

Other serious acts of violence or abuse committed by a pupil, student or learner upon
another pupil, student or learner of the same school, shall, and whenever appropriate, be
dealt with in accordance with the provisions of Republic Act 9344 and its Implementing
Rules and Regulations.

RULES AND PROCEDURES IN HANDLING CHILD ABUSE, EXPLOITATION, VIOLENCE

AND DISCRIMINATION CASES

SECTION 15. – PROHIBITED ACTS

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The following acts, as defined in Section 3 of this Order, are hereby prohibited and shall be
penalized in administrative proceedings as Grave or Simple Misconduct depending on the
gravity of the act and its consequences, under existing laws, rules and regulations:
Child abuse;
Discrimination against children;
Child Exploitation ;
Violence Against Children in School;
Corporal Punishment;
Any analogous or similar acts.

SECTION 16. INVESTIGATION AND REPORTING.

The conduct of investigation and reporting of cases of child abuse, exploitation, violence or
discrimination, shall be done expeditiously, as herein provided.

A. PUBLIC SCHOOLS
A. The School Head or the Schools Division Superintendent, upon receipt of the Complaint,
shall forward the same, within forty-eight (48) hours, to the Disciplining Authority, who shall
then issue an Order for the conduct of a fact-finding investigation, not later than seventy-two
(72) hours from submission. These periods shall be strictly observed, except when justified
by circumstances beyond their control; Provided, that, if the person complained of is a
nonteaching personnel, the Schools Division Superintendent shall cause the conduct of a
fact-finding investigation within the same period.
B. If a complaint is not sufficient in form, the concerned School Head, Schools Division
Superintendent, or Disciplining Authority shall immediately inform the complainant of the
requirements of a formal complaint. Upon the filing of the formal complaint, the same shall
be acted upon pursuant to the preceding paragraphs.
C. The conduct of a fact-finding investigation shall be in accordance with the Revised Rules
of Procedure of the Department of Education in Administrative Cases. Pending investigation,
upon referral of the School Principal or Guidance Counselor/Teacher, the Local Social
Welfare and Development Officer (LSWDO) of the concerned local government unit shall
assess the child and provide psychosocial intervention to help the child victim recover from
whatever trauma he or she has experienced as a result of the abuse. The offender shall
likewise undergo psychosocial intervention, if such is warranted.
If a prima facie case exists based on the Investigation Report and the records, a Formal
Charge shall be issued by the Disciplining Authority, which may be the basis for the issuance
of an Order of Preventive Suspension or as an alternative, reassignment of the offending
party, as may be warranted. The respondent may be placed under preventive suspension
pending investigation, for a period of ninety (90) days, if the injury or abuse committed
against a child is so grave, as to render the child unable to attend his or her classes. The
respondent may also be preventively suspended to preclude the possibility of influencing or
intimidating witnesses.
The respondent may file a Motion for Reconsideration with the Disciplining Authority or may
elevate the same to the Civil Service Commission by way of an Appeal within fifteen (15) days
from receipt thereof.
D. The Revised Rules of Procedure of the Department of Education in Administrative Cases
shall apply in all other aspects.
E. A complaint for education-related sexual harassment as defined under Resolution No. 01-
0940 of the Civil Service Commission, must be in writing, signed and sworn to by the
complainant. It shall contain the following:
the full name and address of the complainant;
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the full name, address, and position of the respondent;
a brief statement of the relevant facts;
evidence, in support of the complainant, if any;
a certification of non-forum shopping.
E.1. The Complaint shall be referred to the Committee on Decorum and Investigation. Upon
receipt of the complaint, the Committee shall require the person complained of to submit his
or her Counter-Affidavit/Comment, which shall be under oath, not later than three (3) days
from receipt of the notice, furnishing the complainant a copy thereof, otherwise the Counter-
Affidavit or Comment shall be considered as not filed.
E.2. The procedure for the conduct of an investigation and all other related incidents, shall
be in accordance with the rules under Resolution No. 01-0940 of the Civil Service
Commission; Provided, that, if the respondent is a teacher, the composition of the Formal
Investigating Committee shall be in accordance with Section 9 of R.A. 4670.
F. The Regional Directors shall periodically monitor and keep a record of all reported child
abuse cases, and submit a final consolidated regional report (Annex “A) to the Office of the
Undersecretary for Legal and Legislative Affairs and the Undersecretary for Regional
Operations.
G. Failure to submit an incident report or to render a decision involving the case within the
prescribed period, without justifiable cause, shall be a ground for administrative action for
neglect of duty against the responsible official.
H. The Office of the Undersecretary for Legal and Legislative Affairs shall compile the regional
reports and submit an annual report to the Secretary.

SECTION 17. JURISDICTION.

Complaints of child abuse, violence, discrimination, exploitation, bullying and other acts of
abuse under this Department Order shall be within the exclusive jurisdiction of the
Department, and shall not be brought for amicable settlement before the Barangay, subject
to existing laws, rules and regulations. Complaints for acts committed by persons not under
the jurisdiction of the Disciplinary Authority of the Department shall be referred to the
appropriate authorities.

SECTION 18. CONFIDENTIALITY.

In child abuse, violence, discrimination, exploitation, bullying or peer abuse and other acts of
abuse by a pupil, student or learners, the identity or other information that may reasonably
identify the pupil, student or learner, whether victim or offender, shall be withheld from the
public to protect his or her privacy.
On the other hand, the Magna Carta for Public School Teachers protects the rights of
teachers and no publicity shall be given to any disciplinary action against a teacher during
the pendency of his or her case.

Section 19. Criminal and Civil Liability. Criminal and civil liability arising from child
abuse, discrimination, exploitation, and other acts of abuse are separate and distinct, and
shall not be a bar to the filing of an administrative case under these guidelines.

B. Private Schools

SECTION 20. COMPLAINT AGAINST SCHOOL PERSONNEL OR OFFICIAL.

A complaint for child abuse, violence, exploitation or discrimination in a private school shall
be filed with the School Head/Chief Executive Officer and shall be acted upon pursuant to
the school’s rules of procedures on administrative cases. The penalty shall be that which is

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provided by the rules of the school, subject to the requirements of due process. The
administrative case shall be without prejudice to any civil or criminal case that may be filed.

SECTION 21. THE PRIVATE SCHOOL SHALL SUBMIT THE REPORT (ANNEX “A”) TO
THE DIVISION OFFICE AFTER EACH SCHOOL YEAR.
REFERRAL AND ASSESSMENT OF VICTIMS AND OFFENDERS AND OTHER CHILDREN

SECTION 22. REFERRAL AND ASSESSMENT.

In all cases involving child abuse, violence, exploitation, discrimination, bullying and other
acts of abuse, the CPC shall accomplish the Intake Sheet (Annex “B”). The School Head may
refer the victims and offenders in cases involving child abuse, exploitation, discrimination,
bullying or peer abuse and other acts of abuse, to the LSWDO for assessment. The LSWDO
shall determine the appropriate intervention.
The School Head, with the aid of the assigned Guidance Counselor/Teacher, and in
coordination with the LSWDO, shall immediately remove the victim, or in appropriate cases
the offender, from the place of the incident, if the victim is determined to be at risk. The
child’s family shall be informed of any action taken.
The School Head may also refer to the LSWDO other pupils, students or learners who are
victims of abuse at home, children at risk, children in especially difficult circumstances,
children with special needs or at risk, children facing difficult situations, or those who are
exhibiting signs of aggressive behavior, with a view to obtaining professional assessment,
appropriate interventions and assistance from competent service providers.

MISCELLANEOUS PROVISIONS

SECTION 23. DUTIES OF PRIVATE SCHOOLS

Private Schools shall be responsible for promulgating a school child protection policy,
including a policy on bullying, a protocol for reporting and procedures for handling and
management of cases, consistent with these policies and guidelines.

SECTION 24. – SEPARABILITY CLAUSE

Any part or provision of this Department Order which may be held invalid or
unconstitutional shall not affect the validity and effectivity of the other provisions.

SECTION 25. REPEALING CLAUSE

All prior Department Orders or other issuances, or provisions thereof, which are inconsistent
with this Department Order are hereby repealed, revised or modified accordingly.

SECTION 26. – EFFECTIVITY

This Department Order shall take effect immediately upon issuance.

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 DepEd Order No. 49, s. 2006
By: Ma. Regina Evalle-Oclarit

REVISED RULES OF PROCEDURE OF THE

DEPARTMENT OF EDUCATION IN ADMINISTRATIVE CASES

Section 1. Disciplining Authority – The disciplining authorities in the Department of

Education shall be the Secretary and the Regional Directors in their respective regions. The
Superintendents of Schools shall also be the disciplining authorities for administrative
actions against non-teaching personnel in their respective school divisions, For disciplinary
actions or administrative cases against officers and employees of the Department of
Education at its Central Office and against Presidential appointees, namely: Assistant
Superintendents, Superintendents, Assistant Regional Directors, Regional Directors,
Assistant Secretaries and Undersecretaries of Education, the Secretary shall have original
and exclusive jurisdiction. Decisions of the Secretary of Education over administrative cases
against said Presidential appointees shall be subject to confirmation, disapproval or
modification by the President of the Philippines.

Section 2. Grounds for Disciplinary Action – An administrative complaint may be filed for
any of the following grounds for disciplinary action:
a. Dishonesty
b. Oppression
c. Neglect of duty
d. Misconduct
e. Disgraceful and immoral conduct
f. Being notoriously undesirable
g. Discourtesy in the course of official duties
h. Inefficiency and incompetence in the performance of official duties
i. Receiving for personal use of a fee, gift or other valuable thing in the course of official
duties or in connection therewith when such fee, gift or other valuable thing is given by any
person in the hope or expectation of receiving a favor or better treatment than that accorded
other persons or committing acts punishable under the anti-graft laws
j. Conviction of a crime involving moral turpitude
k. Improper or unauthorized solicitation of contributions from subordinate employees and by
teachers or school officials from school children
l. Violation of existing Civil Service Law and Rules or reasonable office ( regulations
m. Falsification of official documents
n. Frequent unauthorized absences or tardiness in reporting for duty, loafing or frequent
unauthorized absences from duty during regular office hours
o. Habitual drunkenness
p. Gambling prohibited by law
q. Refusal to perform official duty or render overtime service
r. Disgraceful, immoral or dishonest conduct prior to entering the service
s. Physical or mental incapacity or disability due to immoral vicious habits
t. Borrowing money by superior officers from subordinates or lending by subordinates to
superior officers
u. Lending money at usurious rates of interest
v. Willful failure to pay just debts or willful failure to pay taxes due the government

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w. Contracting loans of money or other property from persons with whom the office of the
employees concerned has business relations
x. Pursuit of private-business, vocation or profession without the permission required by the
Civil Service rules and regulations
y. Insubordination
z. Engaging directly or indirectly in partisan political activities by one holding a non political
office.
aa. conduct prejudicial to the best interest of the service
bb. lobbying for personal interest or gain in legislative halls or offices without authority.
cc. Promoting the sale of tickets in behalf of private enterprises that are not intended for
charitable or public welfare purposes and even in the fatter cases if there is no prior
authority
dd. Nepotism as defined in Section 59, Chapter 8, Subtitle A, Title I, Book V of E.O. No. 292
ee. Sexual Harassment as defined and penalized under CSC Resolution No. 01-0940.
A Grievance Committee is not allowed to hear and decide administrative disciplinary cases.If
a complainant charges the respondent with the commission of administrative offenses, the
same shall be disposed of accordingly by the Disciplining Authority.
Read: Updated Grievance Machinery of the Department of Education (DepEd)

Section 3. Procedure in Commencing Administrative Cases – Administrative proceedings

may be commenced motu proprio by the Secretary of Education, the Regional Director, in
case of DepED Officials and teaching and non-teaching personnel, and the Schools Division
Superintendents in case of non-teaching personnel within their jurisdiction. Said
proceedings may also be commenced upon sworn written complaint of any other persons.

Section 4. Form of Complaint – A complaint shall be under oath and shall be written in a
clear, simple, and concise language so as to inform the person complained of, about the
nature and cause of accusation against him to enable him to intelligently prepare his defense
or answer.

Section 5. Content of Complaint – A complaint shall contain the following;

a. Full name and address of the complainant
b. Full name and address of the person complained as well as his position and office in the
Department of Education
c. A narration of the relevant and material facts which should show the acts or omissions as
allegedly committed by the person
d. Certified true copies of documentary evidence and affidavits of his witnesses if any; and
e. Certification or statement on non-forum shopping

Section 6. When and Where to File a Complaint – Sworn written administrative

complaints may be filed at any time with the School Superintendents concerned for cases
against non-teaching personnel in their respective divisions or with the Regional Directors
concerned for cases against teachers and against their personnel at their respective regional
offices or at the Legal Division of the Central Office for cases against Presidential Appointees
and employees at the Central Office. The Secretary of Education can take cognizance of any
complaint or administrative case filed before any office of the Department of Education.

Section 7. Withdrawal of the Complaint – The withdrawal of the complaint does not result
in its outright dismissal nor in the discharge of the person complained of from any
administrative liability. Where there is obvious truth or merit to the allegations in the

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complaint or where there is documentary evidence that would tend to prove the guilt of the
person complained of, the same should be given due course.
Section 8. Actions on the Complaint
a. The disciplining authority concerned shall dismiss outright a complaint if on its face, there
is obviously no truth or merit to the allegations therein.
b. The Disciplining Authority shall also dismiss the complaint if the same is not in
accordance with the required form and /or if it does not comply with the required content of
a complaint,
c. If the complaint is sufficient in form and substance, the disciplining authority shall give
due course to the complaint by appointing within ten (10) days from receipt of the complaint
an investigator(s) who shall conduct fact-finding investigation or preliminary investigation.
d. No action shall be taken on an anonymous complaint, unless the Disciplining Authority
decides to adopt the same and file it motu proprio.

Section 9. Fact-Finding Investigation or Preliminary Investigation

a. Within five (5) days from receipt of the appointment of an officer(s) of the Department of
Education as investigator(s) issued by the disciplining authority concerned, the designated
investigator(s) shall commence the fact-finding investigation or preliminary investigation by
issuing an Order requiring the person complained of to submit within three (3) days from
receipt of the said Order, together with a copy of the complaint and the supporting
documents thereof, a Counter-Affidavit/Comment under oath and the affidavits of the
witnesses of the person’complained of with supporting documents, if any. Failure of the
person complained of to submit his Counter-Affidavit shall be considered as a waiver thereof.
b. Upon receipt of the Counter-Affidavit or Comment under oath, the investigator(s) may
summon the parties to a conference where the investigator(s) may propound clarificatory
questions. The investigator(s) may also interview any possible witnesses.
c. During any hearing conducted for clarificatory questions, the investigator(s) shall maintain
minutes of the proceedings, which shall include the clarificatory questions propounded to the
parties and their witnesses, and the answers given thereto. Said minutes which shall be
signed by the parties and their counsels, if any, shall form part of the records of the case.
d. After the termination of the hearing(s) for clarificatory questions, the investigator(s) shall
make an ex parte examination of records and documents submitted by the complainant and
by the person complained of as well as the documents readily available from other
government offices.
e. A fact-finding investigation or preliminary investigation shall commence not later than five
(5) days from receipt by the investigator(s) of the Order of the disciplining authority
appointing him/them as investigator(s) and shall be terminated within thirty (30) days
thereafter.
f. Investigation Report – Within five (5) days from the termination of the preliminary
investigation or fact-finding investigation, the investigator(s) shall submit the complete
records of the case to the Disciplining Authority together with his/their investigation report
which should contain his/their findings and recommendations,
g. If a prima facie case is established during the investigation, a formal charge shall be issued
by the Disciplining Authority. A prima facie case shall mean that there is reasonable ground
to believe that the respondent is probably guilty of the charge/s against him, and should be
investigated accordingly.

Section 10. Formal Charge – The Formal Charge shall contain a specification of charge(s), a
brief statement of material or relevant facts accompanied by certified true copies of
documentary evidence, if any, sworn statements covering the testimony of witnesses, if any, a
directive to answer under oath the charge(s) in writing in not less than seventy-two (72)
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hours from receipt thereof, an advice for the respondent’to indicate in his answer whether or
not he elects a formal investigation of the charge (s) and a notice that he is entitled to be
assisted by a counsel of his choice.
Section 11. Submission of Additional Evidence – If the respondent had already submitted
his Comment under oath or Counter-Affidavit during the Fact Finding Investigation or
Preliminary Investigation, he shall be given the opportunity to submit additional evidence.

Section 12. Prohibited Pleadings -The Disciplining Authority shall not entertain dilatory
requests for clarification, bills of particulars, or motions to suspend proceedings on account
of a pending court case in the absence of a temporary restraining order or injunctive writ. If
any of these pleadings are interposed by respondent, the same shall be considered as an
answer and shall be evaluated as such.

Section 13. Answer – The Answer, which shall be in writing and under oath, shall be
specific and shall contain material facts and applicable laws, if any, including documentary
evidence, sworn statements covering testimonies of witnesses, if there be any, in support of
his defense(s). It shall also include a statement indicating whether or not he elects a formal
investigation.

Section 14. Failure to File an Answer – If the respondent fails or refuse to file his Answer
to the Formal Charge within five (5) days from receipt thereof, he shall be considered to have
waived his right thereto and the Formal Investigation may commence.
Section 15. Preventive Suspension – Upon motion of the complainant or Motu Proprio, the
proper Disciplining Authority may issue an Order of Preventive Suspension upon issuance of
the Formal Charge immediately thereafter to any subordinate officer or employee under his
authority pending an investigation, if the charges involve:
a.Dishonesty
b. Oppression
c. Grave Misconduct
d. Neglect in the Performance of Duty; or
e. If there are reasons to believe that the respondent is guilty of charges which would warrant
his removal from the service.

Section 16. Reason for Preventive Suspension – An Order of Preventive Suspension may
also be issued by the Disciplining Authority to temporarily remove the respondent from the
scene of his misfeasance or malfeasance and to preclude the possibility of exerting undue
influence or pressure on the witnesses against him or tampering of documentary evidence on
file with his Office.

Section 17. Substitute for Preventive Suspension – In lieu of Preventive Suspension, for
the same purpose, the proper disciplining authority or head of office, may reassign
respondent to other units of the agency during the formal hearings.

Section 18. Duration of Preventive Suspension – When the administrative case against an
officer or employee under Preventive Suspension is not finally decided by the disciplining
authority within the period of ninety (90) days after the date of the Preventive Suspension,
unless otherwise provided by special law, he shall be automatically reinstated in the service,
provided that when the delay in the disposition of the case is due to the fault, negligence or
petition of respondent, the period of delay should not be included in the counting of the
ninety (90) calendar day period of Preventive Suspension. Provided further that should the

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respondent be on Matemity/Paternity Leave, said Preventive Suspension shall be deferred or
interrupted until such time that said leave has been fully enjoyed.
Section 19. Remedies from the Order of Preventive Suspension – The respondent may
file a Motion for Reconsideration with the disciplining authority or may elevate the same to
the Civil Service Commission by way of an Appeal within fifteen (15) days from receipt thereof,
„

Section 20. Formal Investigation – Although the respondent does not request a Formal
Investigation, one shall nevertheless be conducted when the allegations of the complaint and
the Answer of the respondent, including the supporting documents of both parties, the
merits of the case cannot be decided judiciously without conducting such investigation.

Section 21. Creation of the Formal Investigation Committee – Within five (5) days from
receipt of respondent’s Answer, the Disciplining Authority shall issue an Order creating the
Formal Investigating Committee which shall be composed of the following:
a. When the respondent is a teacher as defined in Section 2 of Republic Act No. 4670,
otherwise known as the “Magna Carta for Public School Teachers’’:
1. The Schools Division Superintendent or his/her duly authorized representative, who must
have at least the rank of a Division Supervisor where the teacher belongs, as Chairman;
2. A representative of the local, or in its absence, any existing provincial or national teachers
organization; and
3. A Supervisor of the Division, the last two to be designated by the disciplining authority.
b. When the respondent is an Assistant Schools Superintendent, Schools Superintendent,
Assistant Regional Director or Regional Director or Assistant Secretary, or Undersecretary of
the Department of Education:
1. The Secretary, or his/her duly authorized representative who must have a rank equal to or
higher than the rank of the respondent, as Chairman;
2. The duly authorized representative of the Philippine Public School Teacher’s Association
(PPSTA) as member; and
3. Any officer of the Department of Education with a rank equal to or higher than the rank of
the respondent as member.
c. When the respondent is an employee at the Central Office of the Department of
Education, the Secretary shall have full discretion on the composition of the Formal
Investigating Committee.
d. When the respondent is a non-teaching personnel who is not one of those mentioned
above, the disciplining authority concerned shall have full discretion on the composition of
the Formal Investigating Committee.

Section 22. Commencement and Duration of the Formal Investigation – The Formal
Investigation shall be held not earlier than five (5) days nor later than ten (10) days from
receipt of the Order of the disciplining authority constituting the Formal Investigating
Committee. Said investigation shall be finished within thirty (30) days from receipt of said
Order by the Formal Investigating Committee unless the period is extended by the
disciplining authority in meritorious cases.

Section 23. Pre-Hearing Conference – At the commencement of the Formal Investigation,

the Hearing Officer shall conduct a Pre-Hearing Conference for the parties to appear,
consider and agree on any of the following:
a. Submission of the case for resolution based on position papers/memoranda of the parties
without any need for further hearings
b. Stipulation of Facts
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c. Simplification of Issues
d. Waiver of Objections to admissibility of evidence
e. Limiting the number of witnesses and their name
f. Dates of subsequent hearings, and
g. Such other matters as may aid in the prompt and just resolution of the case

Section 24. Appearance of Parties – It shall be the duty of the parties and their counsels, if
any, to appear at the Pre-Hearing Conference. The non-appearance of a party may be
excused only if a valid cause is shown therefore.

Section 25. Effect of failure to appear during the Pre-Hearing Conference – Failure of
any or both parties to appear at the scheduled Pre-Hearing Conference is not necessarily a
cause for the dismissal of the case. A party who appears may be allowed to present his
evidence in the absence of the adverse party who was duly notified of the Pre-Hearing
Conference; however, if the absent party is able to show that there is a valid cause for his
absence, he shall be afforded the opportunity to cross-examine the witness(es) presented
during his absence.

Section 26. Record of the Pre-Hearing Conference – The proceedings in the Pre-Hearing
Conference shall be recorded. Upon termination thereof, the Formal Investigating Committee
shall issue an Order which shall recite in detail the matters taken up in the conference and
the agreements or admissions made by the parties as to any of the matters considered.

Section 27. Non-Litigious in Nature of the Formal Investigation Proceedings – The

conduct of the Formal Investigation shall be non-litigious in nature. Subject to the
requirements of due process in administrative cases, the technicalities of law, procedure and
evidence shall not strictly apply thereto. The Formal Investigating Committee may avail itself
of all reasonable means to ascertain speedily the facts of the case. The Committee shall take
full control of the proceedings, with proper regard to the right of the parties to due process,
and shall limit the presentation of evidence to matters relevant to the issue(s) before the
Committee necessary for a just and speedy disposition of the case.

Section 28. Continuous Hearing Until Terminated; Postponement – The Formal

Investigating Committee shall set the case for continuous trial on the dates set by the
Committee or as agreed upon during the Pre-Hearing * Conference. Failure of any or both
parties to appear at the scheduled hearing(s) is not necessarily a cause for the dismissal of
the complaint. A party who appears may be allowed to present his evidence in the absence of
the adverse party who was duly notified of the hearing; however, if the absent party is able to
show that there is a valid cause for his absence, he shall be afforded the opportunity to
submit written interrogatories to be answered by the witness(es) presented during his
absence. In case of two (2) successive, unjustified non-appear^hces of any party in the
proceedings, it shall be the option of the party who is present to submit the case for
resolution on the basis of the records of the case and the evidence so far presented.

Section 29. Adequate Time to Prepare Defense – In scheduling the hearings, the
Committee shall ensure that respondent be given adequate time for the preparation of his
defense.

Section 30. Affidavit of Witnesses – Only affidavits which have been identified by the
affiants shall be considered as evidence. The affidavit of any witness shall constitute his

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direct testimony subject to written interrogatories to be submitted in advance by the
proponent and to be answered by the witness before the Committee.

Section 31. Preliminary Matters – At the start of the hearing, the Formal Investigating
Committee shall call the case, ask for the appearances of the parties and shall proceed with
the reception of evidence for the complainant.
If the respondent appears without the aid of a counsel, he shall be deemed to have waived his
right thereto.
Before taking the testimony of a witness, the hearing officer shall place him under oath and
then take his name, address, civil status, age and place of employment.
The Affidavit or Sworn Statement of the witness shall then be properly identified and affirmed.
Said Affidavit or Sworn Statement shall serve as the direct testimony of the witness.

Section 32. Appearance of Counsel – Any counsel appearing before any hearing or
investigation shall manifest orally or in writing his appearance as prosecutor of the case,
counsel for private complainant or counsel for respondent, stating his full name, IBP receipt
and exact address where he can be served with notices and other pleadings. Any pleading or
appearance of counsel without complying with the above stated requirements shall not be
recognized. However, the parties may chose to represent themselves without the assistance of
counsel.

Section 33. Order of Hearing – Unless the Committee directs otherwise, the Order of
Hearing may be as follows:
a. Prosecution or Private Complainant may present the witnesses whose affidavits or sworn
statements shall serve as their direct testimonies. These witnesses shall identify their
affidavits and certify that they were executed truthfully, voluntarily and without any promise
of reward or threat of punishment. Purpose of the testimony of the witnesses must be stated.
b. Written interrogatories in lieu of cross-examination – Upon the termination of the direct
examination, the adverse party shall answer the written interrogatories submitted in advance
by the adverse party, which shall take the place of lengthy and time-consuming cross-
examination. Failure to answer said interrogatories may be a ground for the Committee to
disregard or exclude as evidence the affidavit of the witness subject of the interrogatory.
c. After the conclusion of the testimony of the witness, prosecution or private complainant
has to present its succeeding witnesses applying * the same order of examination mentioned
above.
d. After the presentation of all its witnesses, prosecution or private complainant shall then
make an oral formal offer of its documentary evidences. The purpose for which the evidences
are offered must be specified,’ and thereafter, the adverse party may comment or object orally
or in writing on prosecution’s or private complainant’s evidences.
e. After the formal offer of evidence and objections or comment thereto, the Committee shall
issue an Order in open court as to whether or not the Committee shall admit or reject the
documentary evidences being offered.
f. The respondent shall then present his evidence in support of his defense(s) following the
same order as in the presentation of prosecution’s or private complainant’s evidence.

Section 34. Objections – All objections raised during the hearing shall be resolved by the
Investigating Committee. However, objections that cannot be ruled upon immediately by the
hearing officer shall be noted with the information that the same shall be included in the
memorandum of the concerned party to be ruled upon by the proper disciplining authority.

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The Investigating Committee shall accept all evidence deemed material and relevant to the
case. In case of doubt, the Committee shall allow the admission of evidence subject to the
objection interposed against its admission.

Section 35. Markings – All documentary evidences or exhibits shall be properly marked by
letters (A, B, C, etc.) if presented by prosecution or private complainant and by numbers (1, 2,
3 etc.) if presented by respondent during the preliminary conference or during the hearing(s)
conducted by the Formal Investigation Committee.
Section 36. Issuance of Subpoena – The Committee may issue Subpoena Ad Testificandum
to compel the attendance of witnesses and Subpoena Duces Tecum for the production of
documents or things.

Section 37. Records of Proceedings – Records of the proceedings during the Formal
Investigation may be taken in shorthand or stenotype or made through other means of
recording.

Section 38. Filing of Motions, Petitions, Appeals and Other Pleadings – Any motion,
petition, appeal and other pleadings, sent by registered mail shall be deemed filed on the date
shown by the postmark on the envelope which shall be attached to the records of the case
and in case of personal delivery, the date stamped therein by the office concerned.

Section 39. Effect of the Pendency of an Administrative Case – Pendency of an

Administrative Case shall not disqualify respondent for promotion or from claiming
maternity/paternity benefits.

Section 40. No Publicity During the Pendency of an Administrative Case Against a

Teacher– No publicity shall be given to any administrative case against a teacher during the
pendency of his case.

Section 41. Formal Investigation Report – Within fifteen (15) days after the conclusion of
the Formal Investigation, a report containing a narration of the material facts established
during the investigation, the findings and the evidence supporting said findings, as well as
the recommendations, shall be submitted by the Formal Investigation Committee with the
disciplining authority. The complete records of the case shall be attached to the Report of
Investigation,
The complete records shall be systematically and chronologically arranged, paged and
securely bound to prevent loss. A table of contents shall be prepared. Whoever is in-charge of
the transmittal of the complete records shall be held responsible for any loss or suppression
of pages thereof.
The Formal Investigation Report shall not be given to the parties, and shall serve only as a
guide to the Disciplining Authority, who may or may not adopt the same entirely or partially.

Section 42. Period to Render Decision – The disciplining authority shall render his
Decision on the case within thirty (30) days from receipt of the Report of Investigation.

Section 43. Decision of the Secretary of Education in Administrative Cases against

Presidential Appointees – Decision of the Secretary over administrative cases against
Presidential Appointees shall be subject to confirmation, modification, or disapproval by the
President. The final Order or Resolution of the President confirming, modifying or
disapproving the decision of the Secretary in administrative cases against a Presidential
Appointee shall be subject to a Motion for Reconsideration or to an appeal to the Court of
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Appeals under Rule 43 of the Rules of Court, within the period provided in Section 4 of
the( Rule 43 of the Rules of Court.

Section 44. Decision of the Secretary of Education in Administrative Cases Against

Non-Presidential Appointees – Decision of the Secretary in administrative cases against
non-presidential appointees whereby a penalty of suspension for not more than thirty (30)
days or a fine not exceeding thirty days salary is imposed, shall be final and executory. If the
penalty imposed is suspension exceeding thirty (30) days or fine in an amount exceeding
thirty (30) days salary, the same shall be final and executory after the lapse of the
reglementary period for filing a Motion for Reconsideration or an Appeal to the Civil Service
Commission and no such pleading has been filed. Nevertheless, decisions appealed to the
courts shall be implemented unless a temporary restraining order or writ of injunction is
issued by said courts.

Section 45. Decision of the Regional Director Where Penalty is Removal – Decision of
the Regional Director which imposes a penalty of removal shall be subject to confirmation,
modification or disapproval by the Secretary of Education. Decision as confirmed, modified or
disapproved shall be subject to a Motion for Reconsideration of the Secretary of Education or
to an Appeal to the Civil Service Commission.

Section 46. Decision of the Regional Director Where Penalty is Suspension or Fine – A
decision rendered by the Regional Director whereby a penalty of suspension for not more
than thirty (30) days or a fine in an amount not exceeding thirty (30) days’ salary is imposed,
shall be final and executory. However, if the penalty imposed is suspension exceeding thirty
(30) days or fine in an amount exceeding thirty days’ salary, the same shall be final and
executory after the lapse of the reglementary period for filing a Motion for Reconsideration or
an Appeal and no such pleading has been filed. Nevertheless, decisions appealed to the
courts shall be implemented unless a temporary restraining order or writ of injunction is
issued by said courts.

Section 47. Filing of Motion for Reconsideration – The party adversely affected by the
decision may file a Motion for Reconsideration with the disciplining authority who rendered
the same within fifteen (15) days from receipt thereof.

Section 48. Grounds for Motion for Reconsideration – The Motion for Reconsideration
shall be based on any of the following:
a. New evidence has been discovered which materially affects the decision rendered, or
b. The decision is not supported by the evidence on record.
c. Errors of law or irregularities have been committed prejudicial to the interest of the movant.

Section 49. Limitation – Only one Motion for Reconsideration shall be entertained.

Section 50. Effect of Filing – The filing of a Motion for Reconsideration within the
reglementary period of fifteen (15) days from receipt of the decision shall stay the execution of
the decision sought to be reconsidered.

Section 51. Filing of Appeals – Decisions of the Regional Directors imposing a penalty
exceeding thirty (30) days suspension or fine in an amount exceeding thirty (30) days’ salary,
may be appealed to the Secretary of Education within a period of fifteen (15) days from
receipt thereof. Then, from the Secretary of Education, the same may be finally appealed to
the Civil Service Commission. Pending appeal, the same shall be executory, except where the
205
penalty is removal in which case the same shall be executory only after confirmation by the
Secretary concerned.

Section 52. Appeal Fee – The appellant shall pay an appeal fee of Three Hundred Pesos
(P300.00) and a copy of the receipt thereof shall be attached to the appeal.

Section 53. Perfection of an Appeal – To perfect an appeal, the appellant shall within
fifteen (15) days from receipt of the decision submit to the disciplining authority concerned
the following:
a. Notice of appeal which shall specifically state the date of the decision appealed from and
the date of receipt thereof;
b. Three (3) copies of appeal memorandum containing the grounds relied upon for the appeal,
together with the certified true copy of the decision, resolution or order appealed from, and
certified copies of the documents or evidence;
c. Proof of service of a copy of the appeal memorandum to the disciplining office;
d. Proof of payment of the appeal fee; and
e. A statement or certificate of non-forum shopping.
Failure to comply with any of the above requirements within the reglementary period shall be
construed as failure to perfect an appeal and shall cause its dismissal.

Section 54. Effect of Filing – An appeal shall not stop the decision from being executory,
and in case the penalty is suspension or removal, the respondent shall be considered as
having been under preventive suspension during the pendency of the appeal, in the event he
wins the appeal.

Section 55. When Case is Remanded for Violation of Respondent’s Right to Due
Process – If the case on appeal with the Civil Service Commission is remanded to the proper
disciplining authority for further investigation, the said disciplining authority shall finish the
investigation within sixty (60) days from the date of receipt of the records from the
Commission, unless the investigation is delayed due to the fault, negligence or petition of the
respondent, or an extension is granted by the Civil Service Commission in meritorious cases.
The period of delay shall not be included in the computation of the prescribed period.
Within thirty (30) days from the termination of the investigation, the Disciplining Authority
shall render its decision. If at the end of said period, the disciplining authority fails to decide
the case, the Civil Service Commission may set aside the appealed decision and declare
respondent exonerated of the charge. If the respondent is under preventive suspension, he
shall be immediately reinstated.

Section 56. Petition for Review with the Court of Appeals – A party may elevate a
decision of the Civil Service Commission before the Court of Appeals by way of a petition for
review under Rule 43 of the 1997 Revised Rules of Court.

Section 57. Recommendation for an Executive Clemency – In meritorious cases and

upon recommendation of the Secretary of Education, the President may commute or remove
administrative penalties or disabilities imposed upon officers or employees in disciplinary
cases, subject to such terms and conditions as he may impose in the interest of the service.
For this purpose, a petition for a favorable recommendation for the grant of executive
clemency may be filed by a dismissed or disciplined employee with the Department of
Education upon submission of the following:
a. certified true copy of the decision in the disciplinary case with a favorable recommendation
by the disciplining authority;
206
b. certification from reputable members of the community where he resides to the effect that
he has become a useful member thereof;
c. proof of non-pendency of an appeal/petition for review relative to his disciplinary case
before any court/tribunal; and
d. proof of payments of Three Hundred (P300.00) Pesos.

Section 58. Classification of Offenses – Administrative offenses with corresponding

penalties are classified into grave, less grave or light, depending on their gravity or depravity
and effects on the government service.
A. The following are grave offenses with their corresponding penalties:
1. Dishonesty : 1st offense – Dismissal
2. Gross Neglect of Duty : 1st offense – Dismissal
3. Grave Misconduct : 1st offense – Dismissal
4. Being Notoriously Undesirable : 1st offense – Dismissal
5. Conviction of a crime involving moral turpitude : 1st offense -Dismissal
6. Falsification of official document : 1st offense – Dismissal
7. Physical or mental incapacity or disability due to immoral or vicious habits : 1st offense –
Dismissal
8. Engaging directly or indirectly in partisan political activities by one holding non-political
office : 1st offense – Dismissal
9. Receiving for personal use of a fee, gift or other valuable thing in the course of official
duties or in connection therewith when such fee, gift or other valuable thing is given by any
person in the hope or expectation of receiving a favor or better treatment than that accorded
to other persons, or committing acts punishable under the anti-graft laws : 1sl offense –
Dismissal
10. Contracting loans of money or other property from persons with whom the office of the
employee has business relations : 1st offense – Dismissal
11. Soliciting or accepting directly or indirectly, any gift, gratuity, favor, entertainment, loan
or anything of monetary value which in the course of his official duties or in connection with
any operation being regulated by, or any transaction which may be affected by the functions
of his office. The propriety or impropriety of the foregoing shall be determined by its value,
kinship, or relationship between giver and receiver and the motivation, A thing of monetary
value is one which is evidently or manifestly excessive by its very nature 1s’ offense -
Dismissal
12. Nepotism : 1st offense – Dismissal
13. Disloyalty to the Republic of the Philippines and to the Filipino people : 1st offense –
Dismissal
14. Oppression : 1st offense – Suspension (6 mos. 1 day to 1 year); 2nd offense – Dismissal
15. Disgraceful and immoral conduct : 1st offense – Suspension for six (6) months and one
(1) day to one (1) year; 2nd offense -Dismissal
16. Inefficiency and incompetence in the performance of official duties : 1st offense –
Suspension for six (6) months and one (1) day to one (1) year; 2nd offense – Dismissal
17. Frequent unauthorized absences, or tardiness in reporting for duty, loafing or frequent
unauthorized absences from duty during regular office hours : 1st offense – Suspension for
six (6) months and one (1) day to one (1) year; 2nd offense – Dismissal
18. Refusal to perform official duty : 1st offense – Suspqpsion for six (6) months and one (1)
day to one (1) year; 2nd offense -Dismissal
19. Gross insubordination : 1st offense – Suspension for six (6) months and one (1) day to
one (1) year; 2nd offense – Dismissal
20. Conduct prejudicial to the best interest of the service ; 1st offense – Suspension for six (6)
months and one (1) day to one (1) year; 2nd offense – Dismissal
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21. Directly or indirectly having financial and material interest in any transaction requiring
the approval of his office. Financial and material interest is defined as pecuniary or
proprietary interest by which a person will gain or lose something ; 1st offense -Suspension
for six (6) months and one (1) day to one (1) year; 2nd offense – Dismissal
22.Owning, controlling, managing or accepting employment as officer, employee, consultant,
counsel, broker, agent, trustee, or nominee in any private enterprise regulated, supervised or
licensed by his office, unless expressly-allowed by law : 1st offense – Suspension for six (6)
months and one (1) day to one (1) year; 2nd offense – Dismissal
23. Disclosing or misusing confidential or classified information officially known to him by
reason of his office and not made available to the public, to further his private interests or
give undue advantage to anyone, or to prejudice the public interest ; 1st offense –
Suspension for six (6) months and one (1) day to one (1) year; 2nd offense – Dismissal
24. Obtaining or using any statement filed under the Code of Conduct and Ethical Standards
for Public Officials and Employees for any purpose contrary to morals or public policy or any
commercial purpose other than by news and communications media for dissemination to the
general public : 1st offense – Suspension for six (6) months and one (1) day to One (1) year;
2nd offense – Dismissal
25. Recommending any person to any position in a private enterprise which has a regular or
pending official transaction with his office, unless such recommendation or referral is
mandated by (1) law, or (2) international agreements, commitment and obligation, or as part
of the function of his office : 1st offense – Suspension for six (6) months anemone (1) day to
one (1) year; 2nd offense – Dismissal
B. The following are less grave offenses with the corresponding penalties:
1. Simple Neglect of Duty : 1st offense – Suspension for one (1) month and one (1) day to six
(6) months; 2nd offense – Dismissal
2. Simple Misconduct 1st offense – Suspension for one (1) month and one (1) day to six (6)
months; 2nd offense – Dismissal
3. Gross Discourtesy in the course of official duties : 1st offense -Suspension for one (1)
month and one (1) day to six (6) months; 2nd offense – Dismissal
4. Violation of existing Civil Service Law and rules of serious nature : 1st offense –
Suspension for one (1) month and one (1) day to six (6) months; 2nd offense – Dismissal
5. Insubordination : 1sl offense – Suspension for one (1) month and one (1) day to six (6)
months; 2nd offense – Dismissal
6. Habitual Drunkenness : 1st offense – Suspension for one (1) month and one (1) day to six
(6) months; 2nd offense -Dismissal
7. Unfair discrimination in rendering public service due to party affiliation or preference : 1st
offense – Suspension for one (1) month and one (1) day to six (6) months; 2nd offense -
Dismissal
8. Failure to file sworn statements of assets, liabilities and net worth, and disclosure of
business interest and financial connections including those of their spouses and unmarried
children under eighteen (18) years of age living in their households : 1st offense – Suspension
for one (1) month and one (1) day to six (6) months; 2nd offense – Dismissal
9. Failure to resign from his position in the private business enterprise within thirty (30) days
from assumption of public office when conflict of interest arises, and/or failure to divest
himself of his shareholdings or interest in private business enterprise within sixty (60) days
from assumption of public office when conflict of interest arises; Provided, however, 4^at for
those who are already in the service and conflict of interest arises, the official or employee
must either resign or divest himself of said interest within the periods herein above; provided,
reckoned from the date when the conflict of interest had arisen : 1st offense – Suspension for
one (1) month and (1) day to six (6) months; 2nd offense – Dismissal
C. The following are Light Offenses with Corresponding Penalties:
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1. Discourtesy in the course of official duties 1st offense -Reprimand; 2nd offense –
Suspension for one (1) to thirty (30) days; 3rd offense – Dismissal
2. Improper or unauthorized solicitation of contributions from subordinate employees and by
teachers or school officials from school children 1st offense – Reprimand; 2nd offense -
Suspension for one (1) to thirty (30) days; 3rd offense -Dismissal
3. Violation of reasonable office rules and regulations : 1st offense – Reprimand; 2nd offense
– Suspension for one (1) to thirty (30) days; 3rd offense – Dismissal
4. Frequent unauthorized tardiness (Habitual Tardiness) 1sl offense – Reprimand; 2nd
offense – Suspension for one (1) to thirty (30) days; 3rd offense – Dismissal
5. Gambling prohibited by law : 1st offense – Reprimand; 2nd offense – Suspension for one
(1) to thirty (30) days; 3rd offense – Dismissal
6. Refusal to render overtime service : 1st offense – Reprimand; 2nd offense – Suspension for
one (1) to thirty (30) days; 3rd offense – Dismissal
7. Disgraceful, immoral or dishonest conduct prior to entering the service : 1st offense –
Reprimand; 2nd offense – Suspension for one (1) to thirty (30) days; 3rd offense – Dismissal
8. Borrowing money by superior officers from subordinates : 1st offense – Reprimand; 2nd
offense – Suspension for one (1) to thirty (30) days; 3rd offense – Dismissal
9. Lending money at usurious rates of interest 1st offense -Reprimand; 2nd offense –
Suspension for one (1) to thirty (30) days; 3rd offense – Dismissal
10. Willful failure to pay just debts or willful failure to pay taxes due to the government : 1st
offense – Reprimand; 2nd offense -Suspension for one (1) to thirty (30) days; 3rd offense -
Dismissal
The term “just debts” shall apply only to:
1. Claims adjudicated by a court of law, or
2. Claims the existence and justness of which are ‘ admitted by the debtor.
11. Lobbying for personal interest or gain in legislative halls and offices without authority :
1st offense – Reprimand; 2nd offense – Suspension for one (1) to thirty (30) days; 3rd offense
-Dismissal
12. Promoting the sale of tickets in behalf of private enterprises that are not intended for
charitable or public welfare purposes and even in the latter cases, if there is no prior
authority : 1st offense – Reprimand; 2nd offense – Suspension for one (1) to thirty (30) days;
3rd offense – Dismissal
13. Failure to act promptly on letters and request within fifteen (15) days from receipt, except
as otherwise provided in the rules implementing the Code of Conduct and Ethical Standards
for Public Officials and Employees : 1st offense – Reprimand; 2nd offense – Suspension for
one (1) to thirty (30) days; 3rd offense – Dismissal
14. Failure to process documents and complete action on documents and papers within a
reasonable time from preparation thereof, except as otherwise provided in the rules
implementing the Code of Conduct and Ethical Standards for Public Officials and
Employees ; 1st offense – Reprimand; 2nd offense – Suspension for one (1) to thirty (30) days;
3rd offense – Dismissal
15. Failure to attend to anyone who wants to avail himself of the services of the office, or act
promptly and expeditiously on public transactions : 1st offense – Reprimand; 2nd offense –
Suspension for one (1) to thirty (30) days; 3rd offense -Dismissal
16. Engaging in private practice of his profession unless authorized by the Constitution, law
or regulation, provided that such practice will not conflict with his official functions : 1st
offense -Reprimand; 2nd offense – Suspension for one (1) to thirty (30) days; 3rd offense –
Dismissal
17. Pursuit of private business, vocation or profession without the permission required by
Civil Service rules and regulations : 1sl offense – Reprimand; 2nd offense – Suspension for
one (1) to thirty (30) days; 3rd offense – Dismissal
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Sexual harassment which is also classified into grave, less grave and light offenses, pursuant
to CSC Resolution No. 01-0940, may be prosecuted apart from related offenses punished
under this section.

Section 59. Extenuating, Mitigating, Aggravating, or Alternative Circumstances – In the

determination of the penalties to be imposed, mitigating, aggravating and alternative
circumstances attendant to the commission of the offense shall be considered.
The following circumstances shall be appreciated:
a. Physical fitness
b. Good faith
c. Taking undue advantage of official position
d. Taking undue advantage of subordinate
e. Undue disclosure of confidential information
f. Use of government property in the commission of the offense
g. Habituality
h. Offense is committed during office hours and within the premises of the office or building
i. Employment of fraudulent means to commit or conceal the offense
j. Length of service in the government
k. Education, or
l. Other analogous circumstances
Nevertheless, in the appreciation thereof, the same must be invoked or pleaded by the proper
party, otherwise, said circumstances shall not be considered in the imposition of the proper
penalty. The Disciplining Authority, however, in the interest of substantial justice may take
and consider these circumstances.
Section 60. Manner of Imposition – When applicable, the imposition of the penalty may be
made in accordance with the manner provided herein below:
a. The minimum of the penalty shall be imposed where only mitigating and no aggravating
circumstances are present.
b. The medium of the penalty shall be imposed where no mitigating and aggravating
circumstances are present.
c. The maximum of the penalty shall be imposed where only aggravating and no mitigating
circumstances are present.
d. Where aggravating and mitigating circumstances are present, paragraph [a] shall be
applied where there are more mitigating circumstances present; paragraph [b] shall be
applied when the circumstances equally offset each other; and paragraph [c] shall be applied
when there are more aggravating circumstances.

Section 61. Penalty for the Most Serious Offense – If the respondent is found guilty of two
or more charges or counts, the penalty to be imposed should be that corresponding to the
most serious charge or count and the rest shall be considered as aggravating circumstances.

Section 62. Duration and Effect of Administrative Penalties – The following rules shall
govern in the imposition of administrative penalties:
a. The penalty of dismissal shall result in the permanent separation of the respondent from
the service, with or without prejudice to criminal or civil liability.
b. The penalty of transfer shall carry with it the sanction that failure on the part of the
respondent to seek transfer to another office within a period of not less than ninety (90) days,
he shall be considered resigned. The penalty of transfer may be imposed with a condition
that the respondent shall be barred from holding a position involving property or money
responsibility. *
c. The penalty of demotion shall include reduction in rank, or salary, or both.
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d. The penalty-of suspension shall result in the temporary cessation of work for a period not
exceeding one (1) year. Suspension of one day or more shall be considered a gap in the
continuity of service. During the period of suspension, respondent shall not be entitled to all
money benefits including leave credits.
e. The penalty o*f fine shall be in an amount not exceeding six (6) months salary of
respondent. The computation thereof shall be based on the salary rate of the respondent
when the decision becomes final and executory.
f. The penalty of reprimand or censure shall not carry with it any accessory penalty nor
result in the temporary cessation of work.
Preventive suspension, which is not considered a penalty, shall not be considered as a gap in
the continuity of the service if the respondent is later exonerated of the charge/s against him.
Section 63. Administrative Disabilities/Accessories to Administrative Penalties
a. Cancellation of eligibility
b. Forfeiture of retirement benefits
c. Disqualification for reinstatement or reemployment
d. Disqualification for promotion
e. Bar from taking any Civil Service examination

Section 64. Administrative Disabilities Inherent in Certain Penalties

a. The penalty of dismissal shall carry with it that of cancellation of eligibility, forfeiture of
retirement benefits, and the perpetual disqualification for reemployment in the government
servjce, unless otherwise provided in the decision.
b. The penalty of demotion shall carry with it disqualification for promotion for a period of six
(6) months from the date respondent reports to the new position or station.
c. The penalty of demotion shall carry with it disqualification for promotion t at the rate of
two (2) months for every step or one month for every range of salary by which he was
demoted to be computed from the date respondent reports to the new position or station.
d. The penalty of suspension shall carry with it disqualification for promotion corresponding
to the period of suspension.
e. The penalty of fine shall carry with it disqualification for promotion for a period twice the
number of days that the fine will be paid to be reckoned from the date that the
decision/resolution became final and executory.
f. The penalty of fine shall be paid to the agency imposing the same, computed on the basis
of respondent’s salary at the time the decision becomes final and executory.
g. The following are the guidelines for the payment of fine:
1. Fine shall be paid within a period not exceeding one year reckoned from the date the
decision/resolution becomes final and executory.
2. Fine may be paid in equal monthly installments subject to the following schedule of
payment prescribed below:
a. Fine equivalent to one (1) month salary shall be paid within two (2) months;
b. Fine equivalent to two (2) months salary shall be paid within four (4) months;
c. Fine equivalent to three (3) months salary shall be paid within six (6) months;
d. Fine equivalent to four (4) months salary shall be paid within eight (8) months;
e. Fine equivalent to five (5) months salary shall belaid within ten (10) months;
f. Fine equivalent to six (6) months salary shall be paid within twelve (12) months.
3. Should the respondent fail to pay in full the fine within the r prescribed period, he shall be
deemed to have failed to serve the penalty imposed, hence, the disqualification for promotion
shall remain in effect until such time that the fine is fully paid.
h. The penalty of reprimand shall not carry with it any of the accessory penalties.
i. A warning or admonition shall not be considered a penalty.

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Section 65. Effect of Exoneration on Certain Penalties
a. In case the penalty imposed is a fine, the same shall be refunded.
b. In case the penalty imposed is demotion, the exonerated employee shall be restored to his
former position without loss of seniority rights with payment of salary differentials.
c. In case the penalty imposed is transfer, he shall immediately be restored to his former post
unless he decides otherwise. In case there is demotion in rank, salary or status, he shall be
restored to his former rank, salary or status.
d. In case the penalty imposed is suspension, he shall immediately be reinstated to his
former post without loss of seniority rights with payment of back salaries.
e. In case the penalty imposed is dismissal, he shall immediately be reinstated without loss of
seniority rights with payment of back salaries.
Mandatory leave benefits shall not be charged against the respondent’s leave credits.
e. In case the penalty imposed is dismissal, he shall immediately be reinstated without loss of
seniority rights with payment of back salaries.
Mandatory leave benefits shall not be charged against the respondent’s leave credits.
The respondent who is exonerated by final judgement shall be entitled to the leave credits for
the period he had been out of the service.

Section 66. Repealing Clause – All DepEd Orders, Memoranda and Circulars inconsistent
with these rules are hereby repealed.

Section 67. Effectivity – These rules shall take effect fifteen (15) days after publication in
the Official Gazette.

Section 68. Filing with the UP Law Center – Three certified copies of these rules shall be
filed with the University of the Philippines Law Center on the date of publication.

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