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List of Philippine education laws

Here is a list of Philippine laws affecting education. (Note: This list may not be
complete.)
1. Constitutional provisions
2. BP 232
3. IRR BP 232
4. RA 7798
5. RA 7722
6. RA 7722 IRR
7. RA 7796, The TESDA Act of 1994
8. RA 7796 IRR
9. RA 9155, Governance of Basic Education Act 2001
10. DO 1, s. 2003
11. RA 7784, Creation of a Teacher Education Council
12. RA 7784 IRR
13. RA 8980, Early Childhood Care and Development (ECCD) Act
14. RA 8980 IRR
15. EO 256
16. PD 1006, Decree Professionalizing Teaching
17. RA 4670, Magna Carta for Public School Teachers
18. RA 7836, Philippine Teacher Professionalization Act of 1994
19. RA 9293, Certain Amendments to RA 7836
20. RA 8190, Localization Law
21. RA 8190 IRR
22. Code of Ethics
23. RA 6713, Code of Conduct and Ethical Standards for Public
Officials and Employees
24. Rules (CSC, April 21, 1989) Code of Ethics
25. RA 5447, Special Education Fund Law
26. LGC Sec. 98-101
27. RA 6655, Free Secondary Public Education Act of 1988
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28. RA 6728, Government Assistance To Students and Teachers In

Private Education Act (GASTPE Act)
29. RA 8545, Amendments to the GASTPE Act
30. RA 7687, Science and Technology Scholarship Act of 1994
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1987 Constitution Article XIV -

Education, Science and Technology,
Arts, Culture and Sports
1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
ARTICLE XIV
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:

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

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

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 under-privileged;

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

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

Section 3. All educational institutions shall include the study of the

Constitution as part of the curricula.
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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.

At the option expressed in writing by the parents or guardians,

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

Section 4. 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.

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 sub section shall not
apply to schools established for foreign diplomatic personnel and
their dependents and, unless otherwise provided by law, for other
foreign temporary residents.
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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.

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. 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.

Academic freedom shall be enjoyed in all institutions of higher

learning.

Every citizen has a right to select a profession or course of study,

subject to fair, reasonable, and equitable admission and academic
requirements.

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.

The State shall assign the highest budgetary priority to education

and ensure that teaching will attract and retain its rightful share of
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the best available talents through adequate remuneration and other

means of job satisfaction and fulfillment.

LANGUAGE

Section 6. The national language of the Philippines is Filipino. As it

evolves, it shall be further developed and enriched on the basis of
existing Philippine and other languages.

Subject to provisions of law and as the Congress may deem

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

Section 7. For purposes of communication and instruction, the

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

The regional languages are the auxiliary official languages in the

regions and shall serve as auxiliary media of instruction therein.

Spanish and Arabic shall be promoted on a voluntary and optional

basis.

Section 8. This Constitution shall be promulgated in Filipino and

English and shall be translated into major regional languages,
Arabic, and Spanish.

Section 9. The Congress shall establish a national language

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

The State shall encourage and support researches and studies on

the arts and culture.

SPORTS

Section 19. 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.

All educational institutions shall undertake regular sports activities

throughout the country in cooperation with athletic clubs and other
sectors.
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B.P. Blg. 232, Education Act of 1982

BATAS PAMBANSA BLG. 232
AN ACT PROVIDING FOR THE ESTABLISHMENT AND
MAINTENANCE OF AN INTEGRATED SYSTEM OF EDUCATION
I. GENERAL PROVISIONS

Chapter 1
Preliminary Matters

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

1982."
Section 2. Coverage. - This Act shall apply to and govern both formal
and non-formal systems in public and private schools in all levels of
the entire educational system.
Chapter 2
Declaration of Basic State Policy and Objectives

Section 3. Declaration of Basic Policy. - It is the policy of the State to

establish 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:
To achieve and maintain an accelerating rate of economic
development and social progress; To assure the maximum
participation of all the people in the attainment and enjoyment of
the benefits of such growth; and To achieve and strengthen national
unity and consciousness and preserve, develop and promote
desirable cultural, moral and spiritual values in a changing world.
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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, interests
and belief, and recognizes education as an instrument for their
maximum participation in national development and in ensuring
their involvement in achieving national unity.

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

to:
Provide for a broad general education that will assist each individual
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;

Train the nation's manpower in the middle-level skills required for

national development;

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

Respond effectively to changing needs and conditions of the nation

through a system of educational planning and evaluation.
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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 the true goals and objectives of education be fulfilled.
Moreover, the State shall:

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

Promote and safeguard the welfare and interests 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.
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Promote the social and economic status of all school personnel,

uphold their rights, define their obligations, and improve their living
and working conditions and career prospects.

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:

"Parents" or guardians or the head of the institution or foster home

which has custody of the pupil or student.

"Students," or those enrolled in and who regularly attend an

educational institution of secondary or higher level or 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.

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

institution, which includes the following:

"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.

"School administrators," or all persons occupying policy

implementing positions having to do with the functions of the school
in all levels.
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"Academic non-teaching personnel," or those persons holding some

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

"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.

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

educational operations.

Section 7. Community Participation. - Every educational institution

shall provide for the establishment of appropriate bodies through
which the members of the educational community may discuss
relevant issues, and communicate information and suggestions for
assistance and support of the school and for the promotion of their
common interest.
Representatives from each subgroup of the educational community
shall sit and participate in these bodies, the rules and procedures of
which must be approved by them and duly published.

Chapter 2
Rights

Section 8. Rights of Parents. - In addition to other rights under

existing laws, all parents who have children enrolled in a school shall
have the following rights:
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.
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The right to access to any official record directly relating to the

children who are under their parental responsibility.

Section 9. Rights of Students in School. - In addition to other rights,

and subject to the limitations prescribed by law and regulations,
students and pupils in all schools shall enjoy the following rights:
The right to receive, primarily through competent instruction,
relevant quality education in line with national goals and conducive
to their full development as persons with human dignity.

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.

The right to school guidance and counselling services for making

decisions and selecting the alternatives in fields of work suited to his
potentialities. The right of access to his own school records, the
confidentiality of which the school shall maintain and preserve.

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

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

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.

The right to free expression of opinions and suggestions, and to

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

The right to form, establish, join and participate in organizations and

societies recognized by the school to foster their intellectual,
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cultural, spiritual and physical growth and development, or to form,

establish, join and maintain organizations and societies for purposes
not contrary to law.

The right to be free from involuntary contributions, except those

approved by their own 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:
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.

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.

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

law.

The right to intellectual property consistent with applicable laws.

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.

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 Administrators. - 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:
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.

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 the subjects of the study and research.

Chapter 3
Duties and Obligations
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Section 14. Duties of Parents. - In addition to those provided for

under existing laws, all parents shall have the following duties and
obligations:
Parents, individually or collectively, through the school systems,
shall help carry out the educational objectives in accordance with
national goals. 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. 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:
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.

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.

Promote and maintain the peace and tranquility of the school by

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

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.
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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. Teachers' Obligations. - Every teacher shall:

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

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.

Render regular reports on performance of each student and to the

latter and the latter's parents or guardians with specific suggestions
for improvement.

Assume the responsibility to maintain and sustain his professional

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

Refrain from making deductions in students' scholastic ratings for

acts that are clearly not manifestations of poor scholarship.

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

Be accountable for the efficient and effective administration and

management of the school.
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Develop and maintain a healthy school atmosphere conducive to the

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

Assume and maintain professional behavior in his work and in

dealing with students, teachers, academic non-teaching personnel,
administrative staff, and parents or guardians.

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.

Observe due process, fairness, promptness, privacy,

constructiveness and consistency in disciplining his teachers and
other personnel.

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:
Improve himself professionally by keeping abreast of the latest
trends and techniques in his profession. Assume, promote and
maintain a professional attitude towards his work, students,
teachers, administrators and administrative staff and relate with
them in a supportive and cordial manner. Promote and maintain an
atmosphere conducive to service and learning.

III - THE EDUCATIONAL SYSTEMS

Chapter 1 Formal Education

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Section 19. Declaration of Policy. - The State recognizes that formal

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

Secondary Education - the stage 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.

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:
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;

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;
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To promote and intensify the child's knowledge of, identification

with, and love for the nation and the people to which he belongs;
and

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:
To continue to promote the objectives of elementary education; and

To discover and enhance the different aptitudes and interests of the

student so as to equip him with skills for productive endeavor and/or
prepare him for tertiary schooling.

Section 23. Objectives of Tertiary Education. - The objectives of

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

To train the nation's manpower in the skills required for national

development;

To develop the professions that will provide leadership for the

nation; and

To advance knowledge through research work and apply new

knowledge for improving the quality of human life and responding
effectively to changing societal needs and conditions.

Chapter 2 Non-formal Education and Specialized Educational

Services
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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:
"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.

"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

"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:

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

population;

To provide unemployed and underemployed youth and adults with

appropriate vocational/technical skills to enable them to become
more productive and effective citizens; and
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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 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 a non-stock educational corporation in
accordance with the provisions of the Corporation Code of the
Philippines. This requirement to incorporate may be waived in the
case of family-administered pre-school institutions.
Government assistance to such schools for educational programs
shall be used exclusively for that purpose.

Section 26. Definition of Terms. - The terms used in this Chapter are

deemed as follows:
"Schools" are duly established institutions of learning or educational
institutions.

"Public Schools" are educational institutions established and

administered by the government.

"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 the prior authorization of the
government, and shall be effected by recognition. In the case of
government operated schools, whether local, regional, or national,
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recognition of educational programs and/or operations shall be

deemed granted simultaneously with establishment.
In all other cases 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:
It transforms the temporary permit to a permanent authority to
operate;

It entitles the school or college to give the students who have

completed the course for which recognition is granted, a certificate,
title or diploma; and

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 institutions which desire to
meet standards of quality over and above the minimum required for
State recognition.
Chapter 4 Internal Organization of School
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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 shall establish such arrangements for the peaceful
settlement of disputes between or among the members of the
educational community.

Section 31. Governing Board. - Every government college or

university established as a tertiary institution and every private
school shall have a governing board pursuant to its charter or to 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, disputes arising from employer-employee
relations shall fall under the jurisdiction of the Ministry of Labor and
Employment as provided for by law and 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 personnel disputes at the
school level, subject to the 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 the goals
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of education as declared in the Constitution. Towards this end, the

government shall:
Adopt measures to broaden access to education through financial
assistance and other forms of incentives to schools, teachers, pupils
and students; and Encourage and stimulate private support to
education through, inter alia, fiscal and other assistance measures.
A. Funding of Public Schools

Section 34. National Funds. - Public schools shall continue to be

funded primarily 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 and Assistance to Public Secondary
Schools. - The national government shall extend financial aid and
assistance to public secondary schools established and maintained
by local governments, including barangay high schools.
Section 36. Share of Local Government. - Provinces, cities and
municipalities and barangays shall appropriate funds in their annual
budgets for the operation and maintenance of public secondary
schools on the, basis of national fund participation.
Section 37. Special Education Fund. - The proceeds of the Special
Education Fund accruing to local governments shall be used
exclusively for the purposes enumerated in Section 1 of Republic Act
No. 5447, and in accordance with rules and regulations issued by
the Ministry of Education, Culture and Sports and the Ministry of the
Budget. Said proceeds shall be considered a local fund and shall be
subject to Presidential Decree 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.
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Section 39. Income from other Sources. - Government-supported

educational institutions 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 investments 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 School 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,
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corporation, foundation, trust or philanthropic organization, or

research institution or organization as may be authorized by law.
Furthermore, private schools are authorized to engage in any
auxiliary enterprise to generate income primarily to finance their
educational operations and/or to reduce the need to increase
students' fees.

Section 44. Institutional Funds. - The proceeds from tuition fees and

other school charges, as well as other income of schools, shall be
treated as institutional funds. Schools may pool their institutional
funds, in whole, or in part, under joint management for the purpose
of generating additional financial resources.
C. Incentives to Education

Section 45. Declaration of Policy. - It is the policy of the State in the

pursuit of its national education development goals to provide an
incentive program to encourage the participation of the community
in the development of the educational sector.
Section 46. Relating to School Property. - Real property, such as
lands, buildings and other improvements thereon used actually,
directly and exclusively for educational purposes shall be subject to
the real property tax based on an. assessment of fifteen percent of
the market value of such property: Provided, That all the proceeds
from the payment thereof shall accrue to a special private education
ment thereof shall accure 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
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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
donations 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
or 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
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school dispersal program of the government or of the educational

institution as approved by the government, shall be considered
exempt from tax if the total proceeds of the sale are reinvested in a
new or existing duly established school, college, or university
located in the dispersal site, within one (1) year from the date of
such sale, transfer or disposition; otherwise, all taxes due on the
gains realized from the transaction shall immediately become due
and payable.
Section 50. Conversion to Educational Foundations. - An educational
institution may convert itself into a non-stock, non-profit educational
foundation, in accordance with the implementing rules to be issued
jointly by the Ministry of Education, Culture and Sports and the
Ministry of Finance.
In the case of stock corporations, if for any reason its corporate
existence as an educational institution ceases and is not renewed,
all its net assets after liquidation of the liabilities and other
obligations may be conveyed and transferred to any non-profit
educational institution or successor non-profit educational institution
or to be distributed by a court to another organization 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.
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Section 52. Grant of Scholarship Pursuant to Existing Laws. -

Educational institutions shall be encouraged to grant scholarships to
students pursuant to the provisions of existing laws and such
scholarship measures as may hereafter be provided for by law.
Section 53. Assistance from the Private Sector. - The private sector,
especially educational institutions, business and industry, shall be
encouraged to grant financial assistance to students, especially
those undertaking research in the fields of science and technology
or in such projects as may be necessary within the context of
national development.
IV. THE MINISTRY OF EDUCATION, CULTURE AND SPORTS

Chapter 1 General Provisions

Section 54. Declaration of Policy. - The administration of the

education system and, pursuant to the provisions of the
Constitution, the supervision and regulation of educational
institutions are hereby vested in the Ministry of Education, Culture
and Sports, without prejudice to the provisions of the charter of any
state college and university.
Section 55. Organization. - The Ministry shall be headed by the
Minister of Education, Culture and Sports who shall be assisted by
one or more Deputy Ministers.
The organization of the Ministry shall consist of (a) the Ministry
Proper composed of the immediate Office of the Minister, and the
Services of the Ministry, (b) the Board of Higher Education, which is
hereby established, (c) the Bureau of Elementary Education, the
Bureau of Secondary Education, the Bureau of Higher Education, the
Bureau of Technical and Vocational Education, and the Bureau of
Continuing Education, which are hereby established, (d) Regional
offices and field offices, (e) the National Scholarship Center and such
other agencies as are now or may be established pursuant to law,
and (f) the cultural agencies, namely: the National Library, the
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National Historical Institute, the National Museum, and the Institute

of National Language. Such of the above offices as are created or
authorized to be established under this provision, shall be organized
and staffed and shall function, subject to the approval of the
President, upon recommendation of the Minister of Education,
Culture and Sports in consultation with the Presidential Commission
on Reorganization.

Section 56. The National Board of Education is hereby abolished,

and its appropriations, personnel, records, and equipment are
hereby transferred to the Office of the Minister of Education, Culture
and Sports.

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

shall:
Formulate general education objectives and policies, and adopt
long-range educational plans;

Plan, develop and implement programs and projects in education

and culture;

Promulgate rules and regulations necessary for the administration,

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

Set up general objectives for the school system;

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

Coordinate and work with agencies concerned with the educational

and cultural development of the national cultural communities; and

Recommend and study legislation proposed for adoption.

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Section 58. Report to the Batasang Pambansa. - The Minister of

Education, Culture and Sports shall make an annual report to the
Batasang Pambansa on the implementation of the national basic
education plan, the current condition of the education sector, the
effectiveness of the education programs, the adequacy or deficiency
of the appropriations and status of expenditures, the impact of
education on the different regions, the growth of enrollment, the
adequacy of academic facilities, the concentration of low income
groups, or the supply of teaching and non-teaching person??nel,
with such comments and appropriate recommendations thirty (30)
days before the opening of its regular session.
Chapter 2 Board of Higher Education

Section 59. Declaration of Policy. - Higher education will be geared

towards the provision of better quality education, the development
of middle and high-level manpower, and the intensification of
research and extension services. The main thrust of higher
education is to achieve equity, efficiency, and high quality in the
institutions of higher learning both public and private, so that
together they will provide a complete set of program offerings that
meet both national and regional development needs.
Section 60. Organization of the Board of Higher Education. - The
Board of Higher Education is reconstituted as an advisory body to
the Minister of Education, Culture and Sports. The Board shall be
composed of a Deputy Minister of Education, Culture and Sports
designated as Chairman and four other members to be appointed by
the President of the Philippines upon nomination by the Minister of
Education, Culture and Sports for a term of four years. The four
members shall have distinguished themselves in the field of higher
education and development either in the public or private sector. In
the initial appointment of the non-ex officio members, the first
appointee shall serve for a term of four years; the second for a term
of three years; the third for a term of two years, and the fourth for a
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term of one year. The Director of the Bureau of Higher Education

shall participate in the deliberation of the Board but without the
right to vote. The Bureau of Higher Education shall provide the
Board with the necessary technical and staff support: Provided, That
the Board may create technical panels of experts in the various
disciplines as the need arises.
Section 61. Functions of the Board of Higher Education. - The Board
shall:
Make policy recommendations regarding the planning and
management of the integrated system of higher education and the
continuing evaluation thereof. Recommend to the Minister of
Education, Culture and Sports steps to improve the governance of
the, various components of the higher education system at national
and regional levels. Assist the Minister of Education, Culture and
Sports in making recommendations relative to the generation of
resources and their allocation for higher education.

Chapter 3 The Bureaus

Section 62. Bureau of Elementary Education. - The Bureau shall

perform the following functions:
Conduct studies and formulate, develop, and evaluate programs and
educational standards for elementary education;

Undertake studies necessary for the preparation of prototype

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

Formulate guidelines to improve elementary school physical plants

and equipment, and general management of these schools.

Section 63. Bureau of Secondary Education. - The, Bureau shall

perform the following functions:
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Conduct studies and formulate, develop and evaluate programs and

educational standards for secondary education;

Develop curricular designs, prepare instructional materials, and

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

Formulate guidelines to improve the secondary school physical

plants and equipment, and general management of these schools.

Section 64. Bureau of Technical mid Vocational Education. - The

Bureau shall perform the following:
Collaborate with other agencies in the formulation of manpower
plans;

Conduct studies, formulate, develop and evaluate post-secondary

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

Develop curricular designs and prepare instructional materials,

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

Section 65. Bureau of Higher Education. - The Bureau of Higher

Education shall perform the following functions:
Develop, formulate and evaluate programs, projects and educational
standards for a higher education;

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

formulation and advisory functions;
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Provide technical assistance to encourage institutional development

programs and projects;

Compile analyze and evaluate data on higher education; and

Perform other functions provided for by law.

Section 66. Bureau of Continuing Education. - As the main

implementing arm of the non-formal education programs of the
Ministry, the Bureau shall provide learning programs or activities
that shall:
Serve as a means of meeting the learning needs of those unable to
avail themselves of the educational services and programs of formal
education;

Provide opportunities for the acquisition of skills necessary to

enhance and ensure continuing employability, efficiency,
productivity, and competitiveness in the labor market;

Serve as a means for expanding access to educational opportunities

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

Chapter 4 Regional Offices

Section 67. Functions. - A regional office shall:

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

Implement education laws, policies, plans, programs, rules and

regulations of the Ministry or agency in the regional area;
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Provide economical, efficient and effective education services to the

people in the area.

V. MISCELLANEOUS PROVISIONS

Chapter 1 Penal and Administrative Sanctions

Section 68. Penalty Clause. - Any person upon conviction for an act

in violation of Section 28, Chapter 3, Title. III above, shall be
punished with a fine of not less than two thousand pesos
(P2,000.00) nor more than ten thousand pesos (P10,000.00) or
imprisonment for a maximum period of two (2) years, or both, in the
discretion of the court.
If the act is committed by a school corporation, the school head
together with the person or persons responsible for the offense or
violation shall be equally liable.

Section 69. Administrative Sanction. - The Minister of Education,

Culture and Sports may prescribe and impose such administrative
sanction as he may deem reasonable and appropriate in the
implementing rules and regulations promulgated pursuant to this
Act for any of the following causes:
Mismanagement of school operations;

Gross inefficiency of the teaching or non-teaching personnel;

Fraud or deceit committed in connection with the application for

Ministry permit or recognition;

Failure to comply with conditions or obligations prescribed by this

Code or its implementing rules and regulations; and
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Unauthorized operation of a school, or course, or any component

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

Sanctions against the schools shall be without prejudice to the

interest of the students, teachers and employees.

Chapter 2 Administrative Provisions

Section 70. Rule-making Authority. - The Minister of Education,

Culture and Sports charged with the administration and
enforcement of this Act, shall promulgate the necessary
implementing rules and regulations.
Section 71. Separability Provision. - Any part or provision of this Act
which may be held invalid or unconstitutional shall not affect its
remaining parts or provisions.
Section 72. Repealing Clause. - All laws or parts thereof inconsistent
with any provision of this Act shall be deemed repealed or modified,
as the case may be.
Section 73. Effectivity. - This Act shall take effect upon its approval.
Approved, September 11, 1982.
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R.A. No. 7798, AN ACT

AMENDING Section 25 OF BATAS
PAMBANSA BLG. 232,
OTHERWISE KNOWN AS THE
"EDUCATION ACT OF 1982"
REPUBLIC ACT NO. 7798
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,
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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 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.
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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.

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R.A. No. 7722, Higher Education Act

of 1994
REPUBLIC ACT NO. 7722
AN ACT CREATING THE COMMISSION ON HIGHER EDUCATION,
APPROPRIATING FUNDS THEREFORE 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 protect, foster and
promote the right of all citizens to affordable quality education at all
levels and shall take appropriate steps to ensure that education
shall be accessible to all. The State shall likewise ensure and protect
academic freedom and shall promote its exercise and observance
for the continuing intellectual growth, the advancement of learning
and research, the development of responsible and effective
leadership, the education of high-level and middle-level
professionals and the enrichment of our historical and cultural
heritage.
State-supported institutions of higher learning shall gear their
programs to national, regional or local development plans. Finally,
all institutions of higher learning shall exemplify through their
physical and natural surroundings the dignity and beauty of as well
as their pride in, the intellectual and scholarly life.

Section 3. Creation of the Commission on Higher Education. - In

pursuance of the abovementioned policies, the Commission on
Higher Education is hereby created hereinafter referred to as the
Commission.
The Commission shall be independent and separate from the
Department of Education, Culture and Sports (DECS), and attached
to the Office of the President for administrative purposes only. Its
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coverage shall be both public and private institutions of higher

education as well as degree-granting programs in all post-secondary
educational institutions, public and private.

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, President may
appoint the Secretary of Education, Culture and Sports as ex-
officiochairman 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 successors shall be appointed by the
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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 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); andg) 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.
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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
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institutions of higher learning in the province or region where

creation, conversion or elevation is sought to be made;

i) develop criteria for allocating additional resources such as

research and program development grants, scholarships, and other
similar programs: provided, that these shall not detract from the
fiscal autonomy already enjoyed by colleges and universities;
j) direct or redirect purposive research by institutions of higher
learning to meet the needs of agro-industrialization and
development;

k) devise and implement resource development schemes;

l) administer the Higher Education Development Fund, as described

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

m) review the charters of institutions of higher learning and state

universities and colleges including the chairmanship and
membership of their governing bodies and recommend appropriate
measures as basis for necessary action;

n) promulgate such rules and regulations and exercise such other

powers and functions as may be necessary to carry out effectively
the purpose and objectives of this Act; and

o) perform such other functions as may be necessary for its effective

operations and for the continued enhancement, growth or
development of higher education.

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,
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qualifications, responsibilities and functions, as well as the

compensation scheme for the positions to be created upon the
recommendation of the executive officer. It shall also prepare and
approve its budget.
The Commission shall appoint the members of the staff upon the
recommendation of the executive officer.

Section 10. The Higher Education Department 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.
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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: 

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.
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Section 13. Guarantee of Academic Freedom. - Nothing in this Act

shall be construed as limiting the academic freedom of universities
and colleges. In particular, no abridgment of curricular freedom of
the individual educational institutions by the Commission shall be
made except for: 
(a) minimum unit requirements for specific academic programs;

(b) general education distribution requirements as may be

determined by the Commission; and

(c) specific professional subjects as may be stipulated by the various

licensing entities. No academic or curricular restriction shall be
made upon private educational institutions which are not required
for chartered state colleges and universities.

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: provided, that the Commission may seek the
assistance of other government agencies for the proper
implementation of this Act.
Section 17. Appropriation. - The amount of Five hundred million
pesos (P500,000,000) is hereby authorized to be appropriated for
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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. - Such personnel, properties,

assets and liabilities, functions and responsibilities of the Bureau of
Higher Education, including those for higher and tertiary education
and degree-granting vocational and technical programs in the
regional offices, under the Department of Education, Culture and
Sports, and other government entities having functions similar to
those of the Commission are hereby transferred to the Commission.
The Commission shall have the authority to appoint its own
personnel.

All regular or permanent employees transferred to the Commission

shall not suffer any loss of seniority or rank or decrease in
emoluments. Personnel of the Bureau of Higher Education not
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otherwise transferred to the Commission shall be reassigned by the

DECS in any of its offices and bureaus: provided, however, that, any
employee who cannot be accommodated shall be given all the
benefits as may be provided under existing laws, rules and
regulations.
Jurisdiction over DECS-supervised or chartered state-supported post-
secondary degree-granting vocational and technical programs and
tertiary institutions shall be transferred to the Commission.

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

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

Section 19. Repealing Clause. - All laws, presidential decrees,

executive orders, rules and regulations or parts thereof which are
inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.
Section 20. Separability Clause. - If any part or provision of this Act
shall be held unconstitutional or invalid, other provisions hereof
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which are not affected thereby shall continue to be in full force and
effect.
Section 21. Effectivity. - This Act shall take effect upon its approval.
Approved, May 18, 1994.
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R.A. No. 7796, TESDA Act of 1994

REPUBLIC ACT NO. 7796
AN ACT CREATING THE TECHNICAL EDUCATION AND SKILLS
DEVELOPMENT AUTHORITY, PROVIDING FOR ITS POWERS,
STRUCTURE AND FOR OTHER PURPOSES
Section 1. Title. - This Act shall be known as the "Technical
Educational and Skills Development Act of 1994" or the "TESDA Act
of 1994."
Section 2. Declaration of Policy. - It is hereby declared the policy of
the State to provide relevant, accessible, high quality and efficient
technical education and skills development in support of the
development of high quality Filipino middle-level manpower
responsive to and in accordance with Philippine development goals
and priorities.
The State shall encourage active participation of various concerned
sectors, particularly private enterprises, being direct participants in
and immediate beneficiaries of a trained and skilled work force, in
providing technical education and skills development opportunities.

Section 3. Statement of Goals and Objectives. - It is the goal and

objective of this Act to: 
a) Promote and strengthen the quality of technical education and
skills development programs to attain international competitiveness.

b) Focus technical education and skills development on meeting the

changing demands for quality middle-level manpower;

c) Encourage critical and creative thinking by disseminating the

scientific and technical knowledge base of middle-level manpower
development programs;
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d) Recognize and encourage the complementary roles of public and

private institutions in technical education and skills development
and training systems; and

e) Inculcate desirable values through the development of moral

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

Section 4. Definition of Terms. - As used in this Act: 

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

b) "Skills Development" shall mean the process through which

learners and workers are systematically provided with learning
opportunities to acquire or upgrade, or both, their ability, knowledge
and behavior pattern required as qualifications for a job or range of
jobs in a given occupational area;

c) "Technical Education" shall refer to the education process

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

d) "Trade" shall mean any group of interrelated jobs or any

occupation which is traditionally or officially recognized as craft or
artisan in nature requiring specific qualifications that can be
acquired through work experience and/or training;

e) "Middle-Level Manpower" refers to those :1) who have acquired

practical skills and knowledge through formal or non-formal
education and training equivalent to at least a secondary education
but preferably a post-secondary education with a corresponding
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degree or diploma; or2) 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;

pri) "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
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the terms of training for a recognized apprenticeable occupation

emphasizing the rights, duties and responsibilities of each party;

m) "Apprenticeable Occupation" is an occupation officially endorsed

by a tripartite body and approved for apprenticeship by the
Authority;

n) "Learners" refer to persons hired as trainees in semi-skilled and

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

o) "User-Led" or "Market-Driven Strategy" refers to a strategy which

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

p) "Dual System/Training" refers to a delivery 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.

Section 5. Technical Education and Skills Development Authority;

Creation. - To implement the policy declared in this Act, there is
hereby created a Technical Education and Skills Development
Authority (TESDA), hereinafter referred to as the Authority, which
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shall replace and absorb the National Manpower and Youth Council
(NMYC), the Bureau of Technical and Vocational Education (BTVE)
and the personnel and functions pertaining to technical-vocational
education in the regional offices of the Department of Education,
Culture and Sports (DECS) and the apprenticeship program of the
Bureau of Local Employment of the Department of Labor and
Employment.
Section 6. Composition of the Authority. - The Authority shall be
composed of the TESDA Board and TESDA Secretariat.
Section 7. Composition of the TESDA Board. - The TESDA Board shall
be composed of the following: 
The Secretary of Labor and Employment - Chairperson

Secretary of Education, Culture and Sports - Co-Chairperson

Secretary of Trade and Industry - Co-Chairperson

Secretary of Agriculture - Member

Secretary of Interior and Local Government - Member

Director-General of the TESDA Secretariat - Member

In addition, the President of the Philippines shall appoint the

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

shall hold office for three (3) years.

The President of the Philippines may, however, revise the

membership of the TESDA Board, whenever the President deems it
necessary for the effective performance of the Board's functions
through an administrative order.

The TESDA Board shall meet at least twice a year, or as frequently

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

The benefits, privileges and emoluments of the Board shall be

consistent with existing laws and rules.

Section 8. Powers and Functions of the Board. - The Authority shall

primarily be responsible for formulating, continuing, coordinated
and fully integrated technical education and skills development
policies, plans and programs taking into consideration the following: 
a) the State policy declared herein of giving new direction and
thrusts to efforts in developing the quality of Filipino human
resource through technical education and skills development;

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

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

c) equal participation of representatives of industry groups, trade

associations, employers, workers and government shall be made the
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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;

lex3) 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;
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8) lend 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;
10) allocate resources, based on the Secretariat's recommendations,
for the programs and projects it shall undertake pursuant to
approved National Technical Education and Skills Development Plan;

11) determine and approve systematic funding schemes such as the

Levy and Grant scheme for technical education and skills
development purposes;

12) create, when deemed necessary, an Advisory Committee which

shall provide expert and technical advice to the Board to be chosen
from the academe and the private sector: provided, that in case the
Advisory Committee is created, the Board is hereby authorized to
set aside a portion of its appropriation for its operation; and
13) perform such other duties and functions necessary to carry out
the provisions of this Act consistent with the purposes of the
creation of TESDA.

Section 9. Power to Review and Recommend Action. - The Authority

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

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

President on technical education and skills development;

g) to implement and administer the apprenticeship program as

provided for in Section 18 of this Act;

h) to prepare and implement upon approval by the Authority a

program for the training of trainers, supervisors, planners and
managers as provided for in Section 23 of this Act;
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i) to enter into agreement to implement approved plans and

programs and perform activities as shall implement the declared
policy of this Act; and

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

the Board.

Section 11. Director-General. - The TESDA Secretariat shall be

headed by a Director-General, who shall likewise be a member of
the TESDA Board. The Director-General shall be appointed by the
President of the Philippines and shall enjoy the benefits, privileges
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.

Section 12. Deputy Director-General. - The Director-General shall be

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

Section 13. Chief of Services for Administration. - The Director-

General shall also be assisted by a Chief of Services for
Administration who shall be a Career Civil Service Official to be
appointed by the TESDA Board.
Section 14. Structural Organization and Personnel. - The TESDA
Secretariat, in addition to the offices of the Director-General, Deputy
Director-General and Chief of Services for Administration shall be
composed of the following offices to be headed by an Executive
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Director to be appointed by the Director-General and shall have the

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

1) to design and establish planning processes and methodologies

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

2) to lead in the preparation and periodic updating of a national plan

for technical education and skills development which shall become
the basis for resource allocation decisions within the sector;

3) to conduct researches, studies and develop information systems

for effective and efficient planning and policy-making within the
sector;

4) to develop and implement programs and projects aimed at

building up planning capabilities of various institutions within the
sector; and dctai5) to perform such other powers and functions as
may be authorized by the Authority.

b) Skills Standards and Certification Office (SSCO). - The Skills

Standards and Certification Office shall be under the office of the
Deputy Director-General and shall have the following functions:

1) to develop and establish a national system of skills

standardization, testing and certification in the country;

2) to design, innovate and adopt processes and methodologies

whereby industry groups and workers' guilds take note on
progressively the responsibility of setting skills standards for
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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 an integrated program for continuing

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

4) to develop programs and projects which will build up institutional

capabilities within the sector; and
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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 may be authorized.

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

1) to serve as Secretariat to Regional Technical Education Skills

Development (TESDA) Committees;

2) to provide effective supervision, coordination and integration of

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

3) to develop and recommend TESDA programs for regional and

local-level implementation within the policies set by the Authority;

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

necessary.

Section 15. The Provincial TESDA Offices. - The Provincial Offices

shall be headed by Skill Development Officers who shall have the
rank and emoluments of a Director III. 
The Provincial TESDA Offices shall be under the direct control of the
Director-General and shall have the following functions:

1) to serve as Secretariat to Provincial TESDA Committees;

2) to provide technical assistance particularly to local government

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

3) to review and recommend TESDA programs for implementation

within their localities; and

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

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Furthermore, the TESDA Secretariat may be further composed by

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

Section 16. Compliance with the Salaries Standardization Law. - The

compensation and emoluments of the officials and employees of the
Authority shall be in accordance with the salary standardization law
and other applicable laws under the national compensation and
classification plan.
Section 17. Consultants and Technical Assistance, Publication and
Research. - In pursuing its objectives, the Authority is hereby
authorized to set aside a portion of its appropriation for the hiring of
services of qualified consultants, and private organizations for
research work and publication in the field of technical education and
skills development. It shall avail itself of the services of other
agencies of the Government as may be required.
Section 18. Transfer of the Apprenticeship Program. - The
Apprenticeship Program of the Bureau of Local Employment of the
Department of Labor and Employment shall be transferred to the
Authority which shall implement and administer said program in
accordance with existing laws, rules and regulations.
Section 19. Technical Education and Skills Development
Committees. - The Authority shall establish Technical Education and
Skills Development Committees at the regional and local levels to
coordinate and monitor the delivery of all skills development
activities by the public and private sectors. These committees shall
likewise serve as the Technical Education and Skills Development
Committees of the Regional and local development councils. The
composition of the Technical Education and Skills Development
Committees shall be determined by the Director-General subject to
the guidelines to be promulgated by the Authority.
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Section 20. Skills Development Centers. - The Authority shall

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

Section 21. Formulation of a Comprehensive Development Plan for

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

Section 22. Establishment and Administration of National Trade

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

certification system shall be issued by the Authority through the
TESDA Secretariat.

Section 23. Administration of Training Programs. - The Authority

shall design and administer training programs and schemes that will
develop the capabilities of public and private institutions to provide
quality and cost-effective technical 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.
Section 24. Assistance to Employers and Organizations. - The
Authority shall assist any employer or organization engaged in skills
training schemes designed to attain its objectives under rules and
regulations which the Authority shall establish for this purpose.
Section 25. Coordination of All Skills Training Schemes. - In order to
integrate the national skills development efforts, all technical
education and skills training schemes as provided for in this Act
shall be coordinated with the Authority particularly those having to
do with the setting of trade skills standards. For this purpose,
existing technical education and skills training programs in the
Government and in the private sector, specifically those wholly or
partly financed with government funds, shall be reported to the
Authority which shall assess and evaluate such programs to ensure
their efficiency and effectiveness.
Section 26. Industry Boards. - The Authority shall establish effective
and efficient institutional arrangements with industry boards and
such other bodies or associations to provide direct participation of
employers and workers in the design and implementation of skills
development schemes, trade skills standardization and certification
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and such other functions in the fulfillment of the Authority's

objectives.
Section 27. Incentives Schemes. - The Authority shall develop and
administer appropriate incentives schemes to encourage
government and private industries and institutions to provide high-
quality technical education and skills development opportunities.
Section 28. Skills Development Opportunities. - The Authority shall
design and implement an effective and efficient delivery system for
quality technical education and skills development opportunities
particularly in disadvantaged sectors, with new tools of wealth
creation and with the capability to take on higher value-added
gainful activities and to share equitably in productivity gains.
Section 29. Devolution of TESDA's Training Function to Local
Governments. - In establishing the delivery system provided for in
the preceding Section, the Authority shall formulate, implement and
finance a specific plan to develop the capability of local government
units to assume ultimately the responsibility for effectively providing
community-based technical education and skills development
opportunities: provided, however, that there shall be formulated and
implemented, an effective and timely retraining of TESDA personnel
that would be affected by the devolution to ensure their being
retained if the concerned local government units would not be able
to absorb them.
Section 30. Skills Olympics. - To promote quality skills development
in the country and with the view of participating in international
skills competitions, the Authority, with the active participation of
private industries, shall organize and conduct annual National Skills
Olympics. The Authority, through the TESDA Secretariat, shall
promulgate the necessary rules and guidelines for the effective and
efficient conduct of Annual National Skills Olympics and for the
country's participation in international skills olympics.
Section 31. The TESDA Development Fund. - A TESDA Development
Fund is hereby established, to be managed/administered by the
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Authority, the income from which shall be utilized exclusively in

awarding of grants and providing assistance to training institutions,
industries, local government units for upgrading their capabilities
and to develop and implement training and training-related
activities. The contribution to the fund shall be the following: 
a) a one-time lump sum appropriation from the National
Government;

b) an annual contribution from the Overseas Workers Welfare

Administration Fund, the amount of which should be part of the
study on financing in conjunction with letter (D) of Section 34;

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

d) any other income generated by the Authority.

The TESDA Board shall be the administrator of the fund, and as

such, shall formulate the necessary implementing guidelines for the
management of the fund, subject to the following: 

a) unless otherwise stipulated by the private donor, only earnings of

private contributions shall be used; and

b) no part of the seed capital of the fund, including earnings,

thereof, shall be used to underwrite expenses for administration.

The Board shall appoint a reputable government-accredited

investment institution as fund manager, subject to guidelines
promulgated by the Board.

Section 32. Scholarship Grants. - The Authority shall adopt a system

of allocation and funding of scholarship grants which shall be
responsive to the technical education and skills development needs
of the different regions in the country.
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Section 33. TESDA Budget. - The amount necessary to finance the

initial implementation of this Act shall be charged against the
existing appropriations of the NMYC and the BTVE. Thereafter, such
funds as may be necessary for the continued implementation of this
Act shall be included in the annual General Appropriations Act.
Section 34. Transitory Provisions. - a) Within two (2) months after
the approval of this Act, the President shall, in consultation with the
Secretary of Labor and Employment and the Secretary of Education,
Culture and Sports, appoint the private sector representatives of the
TESDA Board.
b) Within three (3) months after the appointment of the private
sector representatives, the President shall, upon the
recommendation of the Board, appoint the Director-General.

c) Within four (4) months after the appointment of the Director-

General, the Board shall convene to determine the organizational
structure and staffing pattern of the Authority.

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

e) The personnel of the existing National Manpower and Youth

Council (NMYC) of the Department of Labor and Employment and
the Bureau of Technical and Vocational Education (BTVE) of the
Department of Education, Culture and Sports, shall, in a holdover
capacity, continue to perform their respective duties and
responsibilities and receive their corresponding salaries and benefits
until such time when the organizational structure and staffing
pattern of the Authority shall have been approved by the
Board: provided, that the preparation and approval of the said new
organizational structure and staffing pattern shall, as far as
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practicable, respect and ensure the security of tenure and seniority

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

Section 35. Automatic Review. - Every five (5) years, after the

effectivity of this Act, an independent review panel composed of
three (3) persons appointed by the President shall review the
performance of the Authority and shall make recommendations,
based on its findings to the President and to both Houses of
Congress.
Section 36. Implementing Rules and Guidelines. - The TESDA Board
shall issue, within a period of ninety (90) days after the effectivity of
this Act, the rules and regulations for the effective implementation
of this Act.
The TESDA Board shall submit to the Committees on Education, Arts
and Culture of both Houses of Congress copies of the implementing
rules and guidelines within thirty (30) days after its promulgation.

Any violation of this Section shall render the official/s concerned

liable under R.A. No. 6713, otherwise known as the "Code of
Conduct and Ethical Standards for Public Officials, and Employees"
and other existing administrative and/or criminal laws.
Section 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.
Section 38. Separability Clause. - If any provision of this Act is
declared unconstitutional, the same shall not affect the validity and
effectivity of the other provisions hereof.
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Section 39. Effectivity Clause. - This Act shall take effect fifteen (15)
days after its complete publication in two (2) newspapers of general
circulation.
Approved, August 25, 1994.
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R.A. No. 9155, Governance of Basic

Education Act of 2001
REPUBLIC ACT NO. 9155
AN ACT INSTITUTING A FRAME WORK 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
Section 1. Short Title. - This Act shall be known as the "Governance
of Basic Education Act of 2001."
Section 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, seIf-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.
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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.

Section 3. Purposes and Objectives. - The purposes and objectives of

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

(b) To define the roles and responsibilities of and provide resources

to, the field offices which shall implement educational programs,
projects and services in communities they serve;

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

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

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

(f) To encourage local initiatives for the improvement of schools and

learning centers and to provide the means by which these
improvements may be achieved and sustained; and
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(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.

Section 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 nonformal 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
four 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
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and insights from daily experiences at home, at work, at play and

from life itself;

(f) Integrated School - is a school that offers a complete basic

education in one school site and has unified instructional program;

(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 and 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 cybersite; and
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(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

Section 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.

Section 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.
Section 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
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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.
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Consistent with the national educational policies, plans and

standards, the regional director shall have authority, accountability
and responsibility for the following: 

(1) Defining a regional educational policy framework which reflects

the values, needs and expectations of the communities they serve;

(2) Developing a regional basic education plan;

(3) Developing regional educational standards with a view towards

bench-marking for international competitiveness;

(4) Monitoring, evaluating and assessing regional learning

outcomes;

(5) Undertaking research projects and developing and managing

region wide projects which may be funded through official
development assistance and/or or other finding 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;
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(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) Preforming 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;
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(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. School districts already existing at tile time of the
passage of the 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: 

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(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 them with the school teachers/learning
facilitators for delivery of quality educational programs, projects and
services. A core of nonteaching staff shall handle the school's
administrative, fiscal and auxiliary services.

Consistent with the national educational policies, plans and

standards, the school heads shall have authority, accountability and
responsibility for the following: 

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

(2) Creating an environment within the school that is conducive to

teaching and learning;

(3) Implementing the school curriculum and being accountable for

higher learning outcomes;
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(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, nonacademic
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
ad 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 decision supervisors, schools district
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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 file appointee
is a career executive service officer who preferably shall have risen
from the ranks.

CHAPTER 2 TRANSFER OF CULTURAL AGENCIES

SEC. 8. Cultural Agencies. - The Komisyon ng Wikang Pilipino,

National Historical Institute, Records 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

Section 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
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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

Section 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.

Section 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.

Section 12. The Commission on Audit, in the issuance of audit rules

and regulations that will govern the utilization of all resources as
well as the liquidation, recording and reporting thereof, shall take
into account the different characteristics and distinct features of the
department's field offices, its organizational set up as well as the
nature of the operations of schools and learning centers.
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CHAPTER 5 FINAL PROVISIONS

Section 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'".
Section 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.
Section 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.
Section 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.
Section 17. Effectivity Clause. - This Act shall take effect fifteen (15)
days following its publication in at least two (2) newspapers of
general circulation.
Approved, August 11, 2001.
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R.A. No. 7784, 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
REPUBLIC ACT NO. 7784
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
SECTION 1. Declaration of Policy. - It is the declared policy of the
State to protect and 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
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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
public or private 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 top-
notch educators, that has established and continues to maintain a
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good 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 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 for 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-settled 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.
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The Teacher Education Centers of Excellence shall form a national

network which in turn shall network with elementary schools, high
schools and/or parts 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
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/training programs;

(c) Serve as teacher resource center for curricular/instructional

materials development;

(d) Serve as the center mode for networking specific data;

(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 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
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Commissioner of the Commission on Higher Education (CHED), a

representative of the National Commission on Culture and Arts
(NCAA), 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 be 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 its
members.
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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.
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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 included in the annual budget of the Department of
Education, Culture and Sports.
Sec. 11. Implementing Rules and Guidelines. - The Teacher
Education Council created under this Act shall promulgate the
implementing rules and regulations sixty (60) days from the
approval of this Act.
Sec. 12. Repealing Clause. - All laws, presidential decrees, rules or
regulations or parts thereof inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.
Sec. 13. Effectivity Clause. - This Act shall take effect upon its
approval.
Approved, August 4, 1994.
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R.A. No. 8980, Early Childhood Care

and Development Act
REPUBLIC ACT NO. 8980
AN ACT PROMULGATING A COMPREHENSIVE POLICY AND A
NATIONAL SYSTEM FOR EARLY CHILDHOOD CARE AND
DEVELOPMENT (ECCD), PROVIDING FUNDS THEREFOR AND
FOR OTHER PURPOSES
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: 
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(a) To achieve improved infant and child survival rates by ensuring

that adequates 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;

(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
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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
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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 health care, nutrition, early childhood education,
sanitation, and cultural activities. It shall use the child's first
language as the medium of instruction.

(b) Parent Education and Involvement, Advocacy, and Mobilization of

Communities - which harness and develop parents' strengths as
providers of ECCD at home, active partners or 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 enrolment in educational programs in site-based
or distance educational modes, through pre-service or in-service
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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 of ECCD 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
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provided for in Section 8 of this Act, and monitoring of ECCD 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 (DOJ), the National Economic and
Development Authority (NEDA), and the National Nutrition Council
(NNC) shall jointIy prepare annual ECCD for 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 Progman 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 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
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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
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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 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:
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(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 profesionalize 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;
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(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 the

establishment of ECCD programs; and(xii) 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, Function,

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

(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
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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 skill 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,
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President of the Parent Teachers-Community Federation in the

City/Municipality, and two (2) representatives of non-government
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 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
tile 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.
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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 non government
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
least afford private sector programs.
(a) Public support for ECCD programs. The government shall support
public ECCD program 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.The Day
Care Program, Parent Effectiveness Service, Child-Minding Centers,
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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. - Supported 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.
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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 (P400,000,000.00) 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
(P30,000,000.00) shall be provided to the Council from the
President's Organizational Adjustment Fund upon approval of this
Act.
The above appropriations shall be separate and distinct from the
annual budget of the CWC.Expenses for ECCD programs and
technical support packages provided by the DSWD, DECS, DOH,
DILG, DOLE, DA, DOJ, NEDA, and the NNC shall be specified as
separate line items in their respective annual budgets in the General
Appropriations Act. Their annual ECCD workplans shall be the basis
for these budgets and shall be released directly to their regional or
provincial offices whenever applicable.

Section 11. Annual Report. - The Council shall, at the close of each

calendar year, submit an annual report to Congress, giving detailed
account of its proceedings and accomplishments during the year
making recommendations for the adoption of measures that will
improve the National ECCD System.
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Section 12. Separability Clause. - If any provision of this Act is

declared unconstitutional, the same shall not affect the validity and
effectivity of the other provisions thereof.
Section 13. Repealing Clause. - Pertinent provisions of Presidential
Decree No. 603 and Executive Order No. 233, all laws, Decrees,
executive orders, presidential proclamations, rules and regulations
or parts thereof contrary to or inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.
Section 14. Implementing Rules and Regulations. - The Council in
consultation with all appropriate government agencies and
nongovernnent organizations shall formulate and issue the
necessary rules and regulations for the implementation of this Act
within ninety (90) days after the effectivity of this Act.
Section 15. Effectivity Clause. - This Act shall take effect fifteen (15)
days after its publication in the Official Gazette or in at least two (2)
newspapers of general circulation
Approved, December 5, 2000.
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P.D. No. 1006, Decree

Professionalizing Teaching
PRESIDENTIAL DECREE NO. 1006 PROVIDING FOR THE
PROFESSIONALIZATION OF TEACHERS, REGULATING THEIR
PRACTICE IN THE PHILIPPINES AND FOR OTHER PURPOSES
WHEREAS, the Constitution provides that "All educational
institutions shall be under the supervision of; and subject to
regulation by, the State", and requires that "the State shall establish
and maintain a complete, adequate and integrated system of
education relevant to the goals of national development";

WHEREAS, in the pursuit on these objectives, the Department of

Education and Culture has adopted ways and means of overseeing
all the educational institutions in the country;

WHEREAS, this supervisory function of the DEC has been primarily

beamed towards insuring that the educational institutions inculcate
in the studentry love of the country, teach the duties of citizenship,
and develop moral character, personal discipline, and scientific,
technological and vocational efficiency;

WHEREAS, to implement these objectives, the institutions have

relied upon their teachers whose direct and continuing interaction
with the young people and the children make them potent forces for
the development of proper attitudes among the citizenry;

WHEREAS, this accounts for the tremendous growth of the teaching

population, comprising in the civil service sector alone - more than
300,000 teachers deployed all over the country;
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WHEREAS, to insure that in the immediacy and urgency of teacher

recruitment qualitative requirements are not overlooked, it has
become necessary to regulate the teaching profession;

WHEREAS, although teaching requires a number of years of

collegiate study, it is the only course that it is not yet considered a
profession;

WHEREAS, in recognition of the vital role of teachers in nation-

building and as an incentive to raise the morale of teachers, it is
imperative that they be considered as professionals and teaching be
recognized as a profession.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers vested in me by the
Constitution, do hereby decree and order:

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

Professionalizing Teaching.
Section 2. Declaration of Policy. - It is hereby declared a policy that
teacher education shall be given primary concern and attention by
the government and shall be of the highest quality, and strongly
oriented to Philippine conditions and to the needs and aspirations of
the Filipino people even as it seeks enrichment from adoptable ideas
and practices of other people.
Section 3. Definition of Terms. - As used in this Decree, the following
shall be construed as follows: 
(a) Teaching refers to the profession primarily concerned with the
classroom instruction, at the elementary and secondary levels, in
accordance with the curriculum prescribed by National Board of
Education, whether on part-time or full-time basis in the public or
private schools.
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(b) Teachers refers to all persons engaged in teaching at the

elementary and secondary levels, whether on a full-time or part-
time basis, including guidance counsellors, school librarians,
industrial arts or vocational teachers and all other persons
performing supervisory and/or administrative functions in all schools
in the aforesaid levels and legally qualified to practice teaching
under this Decree.

(c) Board refers to the National Board for Teachers duly constituted
under this Decree.

Section 4. Creation of the National Board for Teachers. - There is

hereby created a National Board for Teachers, hereinafter called the
Board, to be composed of the following: 
1. Secretary of Education and Culture - Co-Chairman

1. Chairman, Civil Service Commission - Co-Chairman 

2. Commissioner, Professional Regulations Commission - Member

1. Two members representing the private sector to be appointed

by the President - Members
Section 5. Powers and Duties. - The Board shall have the following
powers and duties: 
(a) Appoint a set of examiners for every examination who will
determine and prepare the contents of the Board examination for
teachers, hereinafter referred to as examination, in the elementary
and secondary levels of instruction, to be held at least once a year;

(b) Determine and fix the places and dates of examination, appoint
supervisors and room examiners from among the employees of the
Government who shall be entitled to a daily allowance to be fixed by
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the Board for every examination day actually attended, use the
buildings and facilities of public and private schools for examination
purposes, approve applications to take examination, and approve
the release of examination results;

(c) Look from time to time into the conditions affecting the practice
of the teaching profession, adopt such measures as may be deemed
proper for the enhancement of said profession, and/or maintenance
of the professional standards and ethics;

(d) Issue, suspend, revoke, replace or reissue Professional Teachers

Certificate, and administer oaths;

(e) Appoint, subject to the provisions of existing laws, such officials

and employees as are necessary in the effective performance of its
functions and responsibilities, prescribe their duties and fix their
compensation;

(f) Prescribe and collect examination and other fees as it may deem
proper; and

(g) Promulgate rules and regulations, and exercise such other

powers, functions and duties as may be necessary to carry into
effect the purposes of this Decree.

Section 6. Qualification requirements for examination applicants. -

No applicant shall be admitted to take the examination unless, on
the date of filing of the application, he shall have complied with the
following requirements: 
(a) Except those who have been engaged in teaching as herein
defined for at least five years in schools in the Philippines not
organized exclusively for nationals of a foreign country at the time
of the effectivity of this Decree, the applicant must be a citizen of
the Philippines;
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(b) That he is of good moral character;

(c) That he is free from any physical and/or mental defect which will
incapacitate him to render efficient service; and

(d) That he possesses the following minimum educational

qualifications:

(1) For teachers in the kindergarten and elementary grades,

Bachelor's degree in Elementary Education (B.S.E.Ed.) or its
equivalent;

(2) For teachers of the secondary schools, Bachelor's degree in

Education or its equivalent with a major and minor, or a Bachelor's
degree in Arts or Sciences with at least eighteen units in
professional education; and

(3) For teachers of secondary vocational and two-year technical

courses, Bachelor's degree in the field of specialization with at least
eighteen units in professional education.

All applications shall be filed with an office or offices designated by

the Board, preferably the offices of the Civil Service Commission and
the Department of Education and Culture.

These offices shall screen and approve such applications and issue
the corresponding permits to take the examination to qualify
applicants.

Section 7. Appointment of examiners. - The Board shall appoint a set

of examiners for every examination who are recognized authority in
teacher education, and their names shall not be disclosed until after
the release of the results of the examination. They shall each
receive as compensation the sum of not less than P5.00 for each
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examinee as may be determined by the Board but in no case shall

each examiner receive more than P18,000 per examination. Any
examiner who is in the service of the Government shall receive the
compensation herein provided in addition to his salary.
Section 8. Scope of the examination. - The examination shall consist
of written tests, the scope of which shall be determined by the
Board, taking into consideration the teaching plan of the schools
legally constituted in the Philippines.
Section 9. Ratings in the examination. - In order that a candidate
may be deemed to have successfully passed the examinations, he
must have obtained a general average of at least 70 per cent in all
subjects, with no rating below 50 per cent in any subject.
Section 10. Report of the results of examination. - The examiners
shall report the ratings obtained by each candidate to the Board
within 150 days after the last day of the examination, unless
extended by the latter.
Section 11. Issuance of Certificates. - Teachers who have passed
examinations given by the Civil Service Commission or jointly by the
Civil Service Commission and the Department of Education and
Culture shall be considered as having passed the board
examinations for teachers. The Board may consider their certificates
of rating as certificates of eligibility or issue an entirely new
certificate upon registration of the teacher and payment of the
corresponding fees.
This provision shall likewise apply to those teachers who have
permanent appointment under the Magna Carta For Public School
Teachers and all others who may be qualified for registration as
professional teachers under this Decree.

Section 12. Registration. - The Civil Service Commission shall, as an

arm of the Board, register holders of Professional Teacher Certificate
which registration shall evidence that the registrant is entitled to all
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the rights and privileges of a Professional Teacher until and unless

the certificate is suspended or cancelled by the Board for just cause.
Section 13. Reissuance of revoked certificates and replacement of
lost certificates. - The Board may, for reason of equity and justice,
and upon proper application therefor, issue another copy, original or
duplicate, upon payment of the required fee, of a certificate which
has been revoked. A new certificate to replace a lost, destroyed or
mutilated certificate may be issued subject to the rules of the Board.
Section 14. Registration by reciprocity. - The Civil Service
Commission shall, upon approval of the Board, effect the
registration, without examination, of a teacher validly registered
under the laws of any foreign state or country; Provided, That the
requirements for registration in said foreign state or country are
substantially the same as those required and contemplated by this
Decree, and the laws of such foreign state or country allow citizens
of the Philippines to practice the profession on the same basis and
grant the same privileges as the citizens or subjects of such foreign
state or country; Provided, finally, That the applicant shall submit
competent and conclusive documentary evidence, confirmed by the
Department of Foreign Affairs, showing that his country's existing
laws permit citizens of the Philippines to practice teaching
profession under the rules and regulations governing citizens
thereof.
Section 15. Prohibition. - Three years after the effectivity of this
Decree, no person shall engage in teaching and/or act as a teacher
as defined in this Decree, whether in the public or private
elementary or secondary school, unless he is holder of a
Professional Teacher Certificate or is considered a Professional
Teacher under this Decree.
Section 16. Penal Provision. - Any person who shall practice the
teaching without a valid Professional Teacher Certificate, or any
person presenting as his or her own the certificate of another, or
any person giving any false or forged evidence in order to obtain a
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Professional Teacher Certificate or admission to an examination, or

any person assuming himself as a registered professional teacher or
any person violating any provision of this Decree shall be penalized
by a fine of not less than One Thousand Pesos nor more than Five
Thousand Pesos with subsidiary imprisonment or to suffer an
imprisonment of not less than six months nor more than two years,
or both such fine and imprisonment at the discretion of the Court.
Section 17. Repealing Clause. - All Acts, Decrees, Executive Orders,
Administrative Orders, rules and regulations or parts thereof
inconsistent with the provisions of this Decree are hereby repealed
or modified accordingly.
Section 18. Separability Clause. - In case any provision of this
Decree or any portion thereof is declared unconstitutional by a
competent court, other provisions shall not be affected thereby.
Section 19. Effectivity. - This Decree shall take effect January 1,
1977.
DONE in the City of Manila, this 22nd day of September, in the year
of Our Lord, nineteen hundred and seventy-six.
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R.A. No. 4670, Magna Carta for

Public School Teachers
REPUBLIC ACT NO. 4670
THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS
I. DECLARATION OF POLICY - COVERAGE

Section 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.
Section 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

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Section 3. Recruitment and Qualification. - Recruitment policy with

respect to the selection and appointment of teachers shall be clearly
defined by the Department of Education: Provided, however, That
effective upon the approval of this Act, the following shall constitute
the minimum educational qualifications for teacher-applicants: 
(a) For teachers in the kindergarten and elementary grades,
Bachelor's degree in Elementary Education (B.S.E.ED.);

(b) For teachers of the secondary schools, Bachelor's degree in

Education or its equivalent with a major and a minor; or a Bachelor's
degree in Arts or Science with at least eighteen professional units in
Education.

(c) For teachers of secondary vocational and two years technical

courses, Bachelor's degree in the field of specialization with at least
eighteen professional units in education;

(d) For teachers of courses on the collegiate level, other than

vocational, master's degree with a specific area of specialization;

Provided, further, That in the absence of applicants who possess the

minimum educational qualifications as hereinabove provided, the
school superintendent may appoint, under a temporary status,
applicants who do not meet the minimum qualifications: Provided,
further, That should teacher-applicants, whether they possess the
minimum educational qualifications or not, be required to take
competitive examinations, preference in making appointments shall
be in the order of their respective ranks in said competitive
examinations: And provided, finally, that the results of the
examinations shall be made public and every applicant shall be
furnished with his score and rank in said examinations.
Section 4. Probationary Period. - When recruitment takes place after
adequate training and professional preparation in any school
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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.
Section 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.

Section 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.
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Necessary transfer expenses of the teacher and his family shall be

paid for by the Government if his transfer is finally approved.

Section 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.
Section 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.

Section 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
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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.
Section 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.
Section 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.
Section 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

Section 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.
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Section 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.

Section 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.
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Narrowing of the salary scale shall be achieved by raising the lower

end of the salary scales relative to the upper end.
Section 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.
Section 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.
Section 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.
Section 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.
Section 20. Salaries to be Paid in Legal Tender. - Salaries of teachers
shall be paid in legal tender of the Philippines or its equivalent in
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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.
Section 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

Section 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.

Section 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
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Section 24. Study Leave. - In addition to the leave privileges now

enjoyed by teachers in the public schools, they shall be entitled to
study leave not exceeding one school year after seven years of
service. Such leave shall be granted in accordance with a schedule
set by the Department of Education. During the period of such
leave, the teachers shall be entitled to at least sixty per cent of their
monthly salary: Provided, however, That no teacher shall be allowed
to accumulate more than one year study leave, unless he needs an
additional semester to finish his thesis for a graduate study in
education or allied courses: Provided, further, That no compensation
shall be due the teacher after the first year of such leave. In all
cases, the study leave period shall be counted for seniority and
pension purposes.
The compensation allowed for one year study leave as herein
provided shall be subject to the condition that the teacher takes the
regular study load and passes at least seventy-five per cent of his
courses. Study leave of more than one year may be permitted by
the Secretary of Education but without compensation.

Section 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.
Section 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

Section 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.
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Section 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.
Section 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

Section 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.
Section 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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Section 32. Penal Provision. - A person who shall wilfully interfere

with, restrain or coerce any teacher in the exercise of his rights
guaranteed by this Act or who shall in any other manner commit any
act to defeat any of the provisions of this Act shall, upon conviction,
be punished by a fine of not less than one hundred pesos nor more
than one thousand pesos, or by imprisonment, in the discretion of
the court.
If the offender is a public official, the court shall order his dismissal
from the Government service.

Section 33. Repealing Clause. - All Acts or parts of Acts, executive

orders and their implementing rules inconsistent with the provisions
of this Act are hereby repealed, amended or modified accordingly.
Section 34. Separability Clause. - If any provision of this Act is
declared invalid, the remainder of this Act or any provisions not
affected thereby shall remain in force and in effect.
Section 35. This Act shall take effect upon its approval.

Approved, June 18, 1966.

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R.A. No. 7836, Philippine Teachers

Professionalization Act of 1994
REPUBLIC ACT NO. 7836
AN ACT TO STRENGTHEN THE REGULATION AND
SUPERVISION OF THE PRACTICE OF TEACHING IN THE
PHILIPPINES AND PRESCRIBING A LICENSURE EXAMINATION
FOR TEACHERS AND FOR OTHER PURPOSES
ARTICLE I TITLE

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

Teachers Professionalization Act of 1994."
Sec. 2. Statement of Policy. - The State recognizes the vital role of
teachers in nation-building and development through a responsible
and literate citizenry.Towards this end, the State shall ensure and
promote quality education by proper supervision and regulation of
the licensure examination and professionalization of the practice of
the teaching profession.
Sec. 3. Objectives. - This Act has the herein objectives: 
(a) The promotion, development and professionalization of teachers
and the teaching profession; and

(b) The supervision and regulation of the licensure examination.

Sec. 4. Definition of Terms. - For purposes of this Act, the following

terms shall mean: 
(a) "Teaching" - refers to the profession concerned primarily with
classroom instruction, at the elementary and secondary levels in
accordance with the curriculum prescribed by the Department of
Education, Culture and Sports, whether on part-time or full-time
basis in the private or public schools.
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(b) "Teachers" - refers to all persons engaged in teaching at the

elementary and secondary levels, whether on full-time or part-time
basis, including industrial arts or vocational teachers and all other
persons performing supervisory and/or administrative functions in
all schools in the aforesaid levels and qualified to practice teaching
under this Act.

(c) "Board" - refers to the Board for Professional Teachers duly

established and constituted under this Act.

(d) "Commission" - refers to the Professional Regulation

Commission.

ARTICLE II BOARD FOR PROFESSIONAL TEACHERS

Sec. 5. Creation and Composition of the Board. - There is hereby

created under this Act a Board for Professional Teachers, hereinafter
called the Board, a collegial body under the general supervision and
administrative control of the Professional Regulation Commission,
hereinafter referred to as the Commission, composed of five (5)
members who shall be appointed by the President of the Philippines
from among the recommendees chosen by the Commission.The
recommendees shall be chosen from the list of nominees selected
by the accredited association of teachers, who duly possess all the
qualifications prescribed in Section 8 of this Act.
The chairman and the voice-chairman of the Board shall be
appointed from these five (5) members by the President: Provided,
That the members of the first Board appointed under this Act shall
be automatically registered as professional teachers and issued with
the certificate of registration and professional license upon payment
of the fees for examination, registration, and other fees prescribed
by the Commission.
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Sec. 6. Duties and Function of the Board. - The Board shall have the
following duties and functions: 
(a) Promulgate, administer and enforce rules and regulations
necessary for carrying out the provisions of this Act in accordance
with the charter of the Professional Regulation Commission;

(b) Determine and fix the frequency, dates, and places of

examination, appoint supervisors, proctors, and other personnel as
needed who shall be entitled to a daily allowance to be fixed by the
Board for every examination day actually attended, use buildings
and facilities of public or private schools for examination purposes;

(c) Issue, suspend, or revoke the certificate of registration for the

practice of the teaching profession;

(d) Prescribe and collect examination and other fees as it may deem
proper;

(e) Prescribe and/or adopt a code of ethical and professional

standards for the practice of the teaching profession.Such ethical
standards, rules and regulations to take effect sixty (60) days after
its publication in the Official Gazette or in any newspaper of general
circulation;

(f) Administer oaths in connection with the administration of this

Act;

(g) Supervise and regulate the registration, licensure and practice of

professional teachers in the Philippines;

(h) Adopt an official seal of the Board;

(i) Look into the conditions affecting the practice of the teaching
profession and whenever necessary, adopt such measures as may
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be deemed proper for the enhancement and maintenance of high

professional and ethical standards of the profession;

(j) Ensure that all educational institutions offering elementary and

secondary education comply with the essential requirements for
curricula, faculty and facilities for the elementary and secondary
levels;

(k) Investigate such violations of this Act, the rules and the code of
ethical and professional standards for professional teachers as it
may come to the knowledge of the Board, and for this purpose, to
issue subpoena and subpoena duces tecum to secure the
appearance of witnesses and the production of documents in
connection therewith; and
(l) Discharge such other powers, duties and functions as the Board
may deem necessary for the practice of the teaching profession and
the upgrading, enhancement, development and growth of education
in the Philippines.

Sec. 7. Term of Office. - The members of the Board shall hold office
for a term of three (3) years from the date they assume
office: Provided, That the first appointees to the Board under this Act
shall hold office according to the following terms: one (1) member
shall serve for one (1) year; one (1) member for two (2) years; the
chairman, vice-chairman, and one (1) member for three (3) years.
Vacancies shall be served for the unexpired term only. No person
who has served for two (2) consecutive terms shall be eligible for
reappointment. Appointment to fill an unexpired term shall be
considered an appointment to a complete term.
The chairman or any member shall take his oath of office prior to
the performance of his duties.
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Sec. 8. Qualification of Board Members. - Each Board member must

at the time of his appointment: 
(a) Be a citizen and resident of the Philippines;

(b) Be at least thirty-five (35) years of age, of proven integrity, and

possessed of high moral values in his personal as well as
professional conduct and has not been convicted of any offense
involving moral turpitude;

(c) Be a holder of the degree of Bachelor of Arts or Bachelor of

Science in Education and preferably a holder of a master's or
doctorate degree in education, or their equivalents, from a
university, school, college, academy or institute duly constituted,
recognized and/or accredited by the Philippine government;

(d) Be a professional teacher with a valid certificate of registration

and valid professional license, save those members who shall
compose the first Board for Professional Teachers;

(e) Has been a professional teacher in the active practice of the

teaching profession for at least ten (10) years in the elementary and
secondary level; and

(f) Not be an official or member of the faculty of, nor have pecuniary
interest in any university, college, school, or institution conferring a
bachelor's degree in education or its equivalents for at least three
(3) years prior to his appointment, and neither connected with a
review center or with any group or association where review classes
or lectures in preparation for the licensure examination are offered
or conducted.

Provided, however, That, the membership to the Board shall be

evenly distributed to cover all levels of education, including
equitable representation of the different fields of specialization.
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Sec. 9. Compensation of the Board. - The chairman, vice-chairman,

and members of the Board shall receive compensation comparable
to the compensation received by existing regulatory boards under
the Professional Regulation Commission, computed on the basis of
the number of examinees/candidates.
Sec. 10. Supervision of the Board and Custodian of its Records. - The
Board shall be under the supervision and control of the Commission.
All records, including applications for examination, examination
papers and results, minutes of deliberation, administrative cases
and investigative cases and investigations involving professional
teachers shall be kept by the Commission.
Sec. 11. Secretariat and Support Services. - The Professional
Regulation Commission, through its chairman, shall provide the
secretariat and other support services to implement effectively the
provisions of this Act.
Sec. 12. Removal of a Board Member. - The chairman or any
member of the Board may be removed by the President of the
Philippines upon recommendation of the Commission for neglect of
duty, incompetence, unprofessional, unethical, immoral or
dishonorable conduct, commission or toleration of irregularities in
the examination, after having been given the opportunity to defend
himself in a proper administrative investigation.
In the course of investigation, the President may preventively
suspend the respondent.

ARTICLE III EXAMINATION AND REGISTRATION

Sec. 13. Examination, Registration and License Required. - Except as

otherwise specifically allowed under the provisions of this Act, all
applicants for registration as professional teachers shall be required
to undergo a written examination which shall be given at least once
a year in such places and dates as the Board may determine upon
approval by the Commission. A valid certificate of registration and a
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valid professional license from the Commission are required before

any person is allowed to practice as a professional teacher in the
Philippines, except as otherwise allowed under this Act.
Sec. 14. Scope of Examination. - The examinations for the
elementary and secondary school teachers shall be separate. The
examination for teachers in the elementary level shall consist of two
(2) parts, namely: professional education and general education.
The examination for teachers in the secondary level shall consist of
three (3) parts, namely: professional education, general education,
and field of specialization.
Sec. 15. Qualification Requirements of Applicants. - No applicant
shall be admitted to take the examination unless, on the date of
filing of the application, he shall have complied with the following
requirements: 
(a) A citizen of the Philippines or an alien whose country has
reciprocity with the Philippines in the practice of the teaching
profession;

(b) At least eighteen (18) years of age;

(c) In good health and of good reputation with high moral values;

(d) Has not been convicted by final judgment by a court for an

offense involving moral turpitude;

(e) A graduate of a school, college or university recognized by the

government and possesses the minimum educational qualifications,
as follows:

(1) For teachers in preschool, a bachelor's degree in early childhood

education (BECED) or its equivalent;
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(2) For teachers in the elementary grades, a bachelor's degree in

elementary education (BSEED) or its equivalent;

(3) For teachers in the secondary grades, a bachelor's degree in

education or its equivalent with a major and minor, or a bachelor's
degree in arts and sciences with at least ten (10) units in
professional education; and

(4) For teachers of vocational and two-year technical courses, a

bachelor's degree in the field of specialization or its equivalent, with
at least eighteen (18) units in professional education.

Sec. 16. Report of the Results of the Examination. - The Board shall,

within one hundred twenty (120) days after the examination, report
the ratings obtained by each candidate to the Professional
Regulation Commission for approval and appropriate action.
Sec. 17. Issuance of Certificate of Registration and Professional
License. - The registration of a professional teacher commences
from the date his name is enrolled in the roster of professional
teachers.
Every registrant who has satisfactorily met all the requirements
specified in this Act shall, upon payment of the registration fee, be
issued a certificate of registration as a professional teacher bearing
the full name of the registrant with serial number and date of
issuance signed by the chairman of the Commission and the
chairman, vice-chairman, and members of the Board, stamped with
the official seal, as evidence that the person named therein is
entitled to practice the profession with all the rights and privileges
appurtenant thereto. The certificate shall remain in full force and
effect until withdrawn, suspended and/or revoked in accordance
with law.
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A professional license signed by the chairman of the Commission

and bearing the registration number and date of issuance thereof
and the month of expiry or renewability shall likewise be issued to
every registrant who has paid the annual registration fees for three
(3) consecutive years. This license shall serve as evidence that the
licensee can lawfully practice his profession until the expiration of its
validity.

Sec. 18. Oath Before Practice. - Every registrant shall be required to

take his professional oath before practicing as a professional
teacher.
Sec. 19. Periodic Merit Examination of Teachers. - To encourage
continuing professional growth and development and to provide
additional basis for merit promotion, in addition to their performance
rating, teachers may take an oral and written examination at least
once in five (5) years as basis for merit promotion. In taking this
examination, no fee shall be required.
Sec. 20. Failure to Pass the Merit Examination. - If a teacher fails to
pass the merit examination, he or she shall be allowed to take the
examination for a second time. Should he or she fail to pass the
merit examination for the second time, then he or she shall be
required to take a DECS accredited refresher course or program
before being allowed to retake the examination.
Failure of any permanent teacher to pass the merit examination
shall not, however, be used as a ground for his/her dismissal or
demotion.

Sec. 21. Incentives. - Teachers who pass the merit examination

shall: 
(a) Be awarded a diploma of merit by the Board;

(b) Earn merit points for purposes of promotion in salary or to a

higher position or grade level;
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(c) Be placed in the priority list for government scholarship; and

(d) Enjoy such other benefits as may be promulgated by the Board.

Similar incentives shall be given to teachers who make inventions,

develop new methods of teaching, write a book or books and create
works of artistic merit.

Sec. 22. Integration of the Teaching Profession. - The teaching

profession shall be integrated into one national organization which
shall be recognized by the Board and the Commission as the one
and only integrated and accredited association of professional
teachers. Upon registration with the Board, every professional
teacher shall be encouraged to become a member of the integrated
national organization. Those who have been registered with the
Board but are not members of the said integrated organization shall
be allowed to register as members of the said integrated
organization within three (3) years after the effectivity of this Act.
Membership in the integrated organization shall not be a bar to
membership in other associations of the teaching profession. The
professional teachers shall receive the benefits and privileges
appurtenant to their membership in the said integrated and
accredited organization of professional teachers only upon payment
of the required membership fees and dues.
Sec. 23. Revocation of the Certificate of Registration, Suspension
from the Practice of the Teaching Profession, and Cancellation of
Temporary or Special Permit. - The Board shall have the power, after
due notice and hearing, to suspend or revoke the certificate of
registration of any registrant, to reprimand or to cancel the
temporary/special permit of a holder thereof who is exempt from
registration, for any of the following causes: 
(a) Conviction for any criminal offense by a court of competent
jurisdiction;
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(b) Immoral, unprofessional or dishonorable conduct;

(c) Declaration by a court of competent jurisdiction for being

mentally unsound or insane;

(d) Malpractice, gross incompetence, gross negligence or serious

ignorance of the practice of the teaching profession;

(e) The use of or perpetration of any fraud or deceit in obtaining a

certificate of registration, professional license or special/temporary
permit;

(f) Chronic inebriety or habitual use of drugs;

(g) Violation of any of the provisions of this Act, the rules and
regulations and other policies of the Board and the Commission, and
the code of ethical and professional standards for professional
teachers; and

(h) Unjustified or willful failure to attend seminars, workshops,

conferences and the like or the continuing education program
prescribed by the Board and the Commission.

The decision of the Board to revoke or suspend a certificate may be

appealed to the regional trial court of the place where the Board
holds office within fifteen (15) days from receipt of the said decision
or of the denial of the motion for reconsideration filed in due time.

Sec. 24. Registration by Reciprocity. - No teacher of a foreign

nationality shall be admitted to the examination, or be given a
certificate of registration or be entitled to any of the rights and
privileges provided under this Act; unless the country or state of
which he is a subject permits Filipino professional teachers to
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practice within its territorial limits on the same basis as subjects or

citizens of said country or state: Provided, that the requirements of
certification of teachers with said foreign state or country are
substantially the same as those required and contemplated under
this Act: Provided, further, That the laws of such state or country
grant the same privilege to Filipino professional teachers on the
same basis as the subject or citizens of such foreign country or
state.
Sec. 25. Roster of Professional Teachers. - A roster of professional
teachers containing the names and addresses of professional
teachers, date of registration or issuance of certificate, and other
data which in the opinion of the Board may appear pertinent shall be
maintained. Copies of the roster shall be provided by the
Commission to the Board, the Department of Education, Culture and
Sports, and the integrated and accredited organization of
professional teachers.
Sec. 26. Registration and Exception. - Two (2) years after the
effectivity of this Act, no person shall engage in teaching and/or act
as a professional teacher as defined in this Act, whether in the
preschool, elementary or secondary level, unless he is a duly
registered professional teacher, and a holder of a valid certificate of
registration and a valid professional license or a holder of a valid
special/temporary permit.
Upon approval of the application and payment of the prescribed
fees, the certificate of registration and professional license as a
professional teacher shall be issued without examination as required
in this Act to a qualified applicant, who at the time of the approval of
this Act, is: 

(a) A holder of a certificate of eligibility as a teacher issued by the

Civil Service Commission and the Department of Education, Culture
and Sports; or
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(b) A registered professional teacher with the National Board for

Teachers under the Department of Education, Culture and Sports
(DECS) pursuant to Presidential Decree No. 1006; or
(c) Not qualified under paragraphs one and two but with any of the
following qualifications, to wit:

(1) An elementary or secondary teacher for five (5) years in good

standing and a holder of Bachelor of Science in Education or its
equivalent; or

(2) An elementary or secondary teacher for three (3) years in good

standing and a holder of a master's degree in education or its
equivalent.

Provided, That they shall be given two (2) years from the
organization of the Board for professional teachers within which to
register and be included in the roster of professional
teachers: Provided, further, That those incumbent teachers who are
not qualified to register without examination under this Act or who,
albeit qualified, were unable to register within the two-year period
shall be issued a five-year temporary or special permit from the time
the Board is organized within which to register after passing the
examination and complying with the requirements provided this Act
and be included in the roster of professional teachers: Provided,
furthermore, That those who have failed the licensure examination
for professional teachers shall be eligible as para-teachers and as
such, shall be issued by the Board a special or temporary permit,
and shall be assigned by the Department of Education, Culture and
Sports (DECS) to schools as it may determine under the
circumstances.
ARTICLE IV PROVISIONS RELATIVE TO THE PRACTICE OF THE
TEACHING PROFESSION
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Sec. 27. Inhibition Against the Practice of the Teaching Profession. -

Except as otherwise allowed under this Act, no person shall practice
or offer to practice the teaching profession in the Philippines or be
appointed as teacher to any position calling for a teaching position
without having previously obtained a valid certificate of registration
and a valid professional license from the Commission.
Sec. 28. Penal Provisions. - The following shall be punishable by a
fine of not less than Five thousand pesos (P5,000.00) nor more than
Twenty thousand pesos (P20,000.00) or imprisonment of nor less
than six (6) months nor more than five (5) years, or both, at the
discretion of the court: 
(a) Any person who practices the teaching profession in the
Philippines without being certified in accordance with the provisions
of this Act;

(b) Any person who represents or attempts to use as his own

certificate of registration that of another;

(c) Any person who gives any false, or fraudulent evidence of any
kind to the Board or any member thereof in obtaining a certificate of
registration as teacher;

(d) Any person who impersonates any registrant of the same or

different name;

(e) Any person who uses a revoked or suspended certificate of

registration;

(f) Any person who, in connection with his name, otherwise

assumes, uses or advertises any title or description tending to
convey or conveys the impression that he is a teacher without
holding a valid certificate; and
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(g) Any person who violates or who abets the violation of any of the
provisions of this Act.

The penalty of fine or imprisonment or both, as provided in this

section, shall also apply to any school official who shall cause or be
responsible for the commission of any of the above-enumerated
acts.

Sec. 29. Appropriations. - Such sums as may be necessary to carry

out the provisions of this Act shall be included in the 1996 General
Appropriations Act and thereafter.
Sec. 30. Implementing Guidelines. - The Board shall formulate and
adopt the necessary guidelines for the effective implementation of
the provisions of this Act within sixty (60) days of its approval.
The Board shall submit to both Committees on Education, Arts, and
Culture; and the Committees on Civil Service and Professional
Regulation of the Senate and House of Representatives, copies of
the implementing rules and guidelines within thirty (30) days after
its promulgation.

Any violation of this section shall render the official/s concerned

liable under Republic Act No. 6713, otherwise known as the "Code of
Conduct and Ethical Standards for Public Officials and Employees"
and other pertinent administrative and/or penal laws.
Sec. 31. Transitory Provision. - All incumbent teachers in both the
public and private sector not otherwise certified as professional
teachers by virtue of this Act, shall be given (5) years temporary
certificates from the time the Board for Professional Teachers is
organized within which to qualify as required by this Act and be
included in the roster of professionals.
Provided, however, That the Professional Board Examination for
Teachers (PBET) shall still be administered by the Civil Service
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Commission and the Department of Education, Culture and Sports

for the year 1995.
Sec. 32. Separability Clause. - If, for any reason, any section or
provision of this Act or the application of such section or provision to
any person or circumstance is declared unconstitutional or invalid,
no other section or provision of this Act shall be affected thereby.
Sec. 33. Repealing Clause. - All laws, presidential decrees, executive
orders, rules and regulations or parts thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.
Sec. 34. Effectivity Clause. - This Act shall take effect after fifteen
(15) days following its complete publication in the Official Gazette or
in two (2) newspapers of general circulation. Approved, December
16, 1994.
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R.A. No. 9293, AN ACT

AMENDING CERTAIN SECTIONS
OF REPUBLIC ACT NUMBERED
SEVENTY-EIGHT HUNDRED AND
THIRTY-SIX (R.A. NO. 7836),
OTHERWISE KNOWN AS THE
"PHILIPPINE TEACHERS
PROFESSIONALIZATION ACT OF
1994"
AN ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT
NUMBERED SEVENTY-EIGHT HUNDRED AND THIRTY-SIX (R.A.
NO. 7836), OTHERWISE KNOWN AS THE "PHILIPPINE
TEACHERS PROFESSIONALIZATION ACT OF 1994"
Section 1. Sec. 15, (e) (3) of Republic Act No. 7836 is hereby
amended as follows: 
"Sec. 15. Qualification Requirements of Applicant. – No applicant
shall be admitted to take the examination unless, on the date of
filing of the application, he shall have complied with the following
requirements:
"(e) A graduate of a school college or university recognized by the
government and possesses the minimum educational qualifications,
as follows:

(1) For teachers in preschool, a bachelor's degree in early childhood

education (BECED) or its equivalent;
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(2) For teachers in the secondary grades, a bachelor's degree in

elementary education (BSEED) or its equivalent;

(3) For teachers in the secondary grades, a bachelor's degree in

education or its equivalent with a major and minor, or a bachelor
degree in arts and sciences with at least eighteen (18) units in
professional education; and

(4) For teachers of vocational and two-year technical courses, a

bachelor’s degree in the field of specialization or its equivalent, with
at least eighteen (18) units in professional education,"

Sec. 2. Sec. 26 of the same Act is hereby amended to read as

follows: 

"Sec 26. Registration and Exception. - No person shall engage in

teaching and/or act as a professional teacher as defined in this Act.
whether in the preschool, elementary or secondary level, unless the
person is a duly registered professional teacher, and a holder of a
valid certificate of registration and a valid professional license or a
holder of a valid special/temporary permit.
Upon approval of the application and payment of the prescribed
fees, the certificate of registration and professional license as a
professional teacher shall be issued without examination as
acquired in this Act to a qualified applicant, who is:

(a) A holder of a certificate of eligibility as a teacher issued by the

Civil Service Commission and the Department of Education, Culture
and Sports; or

(b) A registered professional teacher with the National Board for

Teachers under the Department of Education, Culture and Sports
(DECS) pursuant to Presidential Decree No. 1006.
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Professional teachers who have not practiced their profession for the
past five (5) years shall take at least twelve (12) units of education
courses, consisting of a least six (6) units of pedagogy and six (6)
units of context courses or the equivalent training and number 1
hours to be chosen from a list of courses to be provided by the
Board and the Department of Education, before they can be allowed
to practice their profession in the country.

Those who have failed the licensure examination for professional

teachers, with a rating of not lower than five percentage points from
the passing general average rating, shall be eligible as para-
teachers upon issuance by the Board of a two-year special permit,
renewable for a non-extendible period of two (2) years The para-
teachers shall be assigned to areas where there is a shortage or
absence of a professional teacher, as identified and provided by the
Department of Education and the Autonomous Region for Muslim
Mindanao (ARMM) education department to the Board for
professional teachers and to the Commission. The special permit
shall indicate the area of assignment of the para-teacher.

A special permit may also be issued by the Board to a person who

has excelled and gained international recognition and is a widely
acknowledged expert in his or her respective field of specialization."

Sec. 3. Sec. 31 of the same Act is hereby amended to read as

follows: 

"Sec. 31. Transitory Provision. – Special permits, with a validity of

three (3) and five (5) years. issued to para-teachers by the Board for
Professional Teachers before the effectivity of this Act shall be
allowed to expire based on the period granted therein: Provided,
That only special permits with a validity of three (3) years maybe
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renewed upon expiration for a non-extendible period of two (2)

years."
Sec. 4. References to the term "Department of Education, Culture
and Sports", in Sec. 4 (a) and Sec. 25, and the term "DECS" in Sec.
20, of the same Act, are hereby amended to read as "Department of
Education" and "DepEd", respectively.

Sec. 5. Separability Clause. - If, for any reason, any Sec. or provision
of this Act or the application of such Sec. in provision to any person
in circumstance is declared unconstitutional or invalid, no other Sec.
or provision of this Act shall be affected thereby.
Sec. 6. Repealing Clause. - All laws, decrees, circulars,
administrative orders, rules and regulations, and other issuances
which are inconsistent with the provisions of this Act am hereby
repealed or modified accordingly.
Sec. 7. Effectivity. – This Act shall take effect upon approval.
Approved, April 21, 2004.
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R.A. No. 8190, 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
SCHOOLTEACHERS
REPUBLIC ACT NO. 8190
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 SCHOOLTEACHERS
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.
Protests regarding the appointment or assignment of classroom
public schoolteachers shall prescribe in three (3) months upon the
issuance of such appointments or assignment.

Sec. 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
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violation - suspension of two (2) months without pay; and (3) third
violation and subsequent violations hereof - suspension of six (6)
months without pay.

Sec. 3. The Department of Education, Culture and Sports (DECS)

shall prescribe 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.

Sec. 4. All laws, decrees, executive orders, rules and regulations, or

parts thereof inconsistent with this Act are hereby repealed or
modified accordingly.

Sec. 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.

Approved, June 11, 1996.

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R.A. No. 6713, Code of Conduct and

Ethical Standards for Public Officials
and Employees
Republic ACT NO. 6713
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
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
Section 1. Title. - This Act shall be known as the "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.

(b) "Public Officials" includes elective and appointive officials and

employees, permanent or temporary, whether in the career or non-
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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.
(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
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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 andbalae.
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,
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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.
(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.
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(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.
(B) The Civil Service Commission shall adopt positive measures to
promote (1) observance of these standards including the
dissemination of information programs and workshops authorizing
merit increases beyond regular progression steps, to a limited
number of employees recognized by their office colleagues to be
outstanding in their observance of ethical standards; and (2)
continuing research and experimentation on measures which
provide positive motivation to public officials and employees in
raising the general level of observance of these standards.

Section 5. Duties of Public Officials and Employees. - In the

performance of their duties, all public officials and employees are
under obligation to: 
(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
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absence of duly authorized signatories, the official next-in-rank or

officer in charge shall sign for and in their behalf.
(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-
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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:
(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

(3) Recommend any person to any position in a private enterprise

which has a regular or pending official transaction with their office.

These prohibitions shall continue to apply for a period of one (1)

year after resignation, retirement, or separation from public office,
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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
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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.

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;
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(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: 

(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
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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.
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(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 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,
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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
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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.
Approved, February 20, 1989.
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R.A. No. 5447, Special Education

Fund
REPUBLIC ACT NO. 5447
AN ACT CREATING A SPECIAL EDUCATION FUND TO BE
CONSTITUTED FROM THE PROCEEDS OF AN ADDITIONAL
REAL PROPERTY TAX AND A CERTAIN PORTION OF THE
TAXES ON VIRGINIA-TYPE CIGARETTES AND DUTIES ON
IMPORTED LEAF TOBACCO, DEFINING THE ACTIVITIES TO BE
FINANCED, CREATING SCHOOL BOARDS FOR THE PURPOSE,
AND APPROPRIATING FUNDS THEREFROM
SECTION 1. Declaration of policy; creation of Special Education
Fund. - It is hereby declared to be the policy of the government to
contribute to the financial support of the goals of education as
provided by the Constitution. For this purpose, there is hereby
created a Special Education Fund, hereinafter referred to as the
Fund, to be derived from the additional tax on real property and
from a certain portion of the taxes on Virginia-type cigarettes and
duties on imported leaf tobacco, hereinafter provided for, which
shall be expended exclusively for the following activities of the
Department of Education: 
(a) the organization and operation of such number of extension
classes as may be needed to accommodate all children of school
age desiring to enter Grade I, including the creation of positions of
classroom teachers, head teachers and principals for such extension
classes, which shall not exceed the standard requirements of the
Bureau of Public Schools: Provided, That under equal circumstances,
in the opening of such extension classes, priority shall be given to
the needs of barrios;
(b) the programming of the construction and repair of elementary
school buildings, acquisition of sites, and the construction and repair
of workshops and similar buildings and accessories thereof to house
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laboratory, technical and similar equipment and apparatus needed

by public schools offering practical arts, home economics and
vocational courses, giving priority to elementary schools on the
basis of the actual needs and total requirements of the
country: Provided, That the construction and repair shall be
undertaken by the Bureau of Public Works in coordination with the
Bureau of Public Schools or Bureau of Vocational Education, as the
case may be, and the local school board: Provided, further, That in
cases where the cost of the school project does not exceed ten
thousand pesos the construction and repair may be undertaken by
negotiated contract by the Parents-Teachers Association or by the
barrio councils concerned under the supervision and direction of the
Bureau of Public Works;
(c) the payment and adjustment of salaries of public school teachers
under and by virtue of Republic Act Numbered Five thousand one
hundred sixty-eight and all the benefits in favor of public school
teachers provided under Republic Act Numbered Four thousand six
hundred seventy;

(d) the preparation, printing and/or purchase of textbooks, teachers'

guides, forms and pamphlets, approved in accordance with existing
laws to be used in all public schools;

(e) the purchase and/or improvement, repair and refurbishing of

machinery, laboratory, technical and similar equipment and
apparatus, including spare parts needed by the Bureau of Vocational
Education and secondary schools offering vocational courses;

(f) the establishment of a printing plant to be used exclusively for

the printing needs of the Department of Education and the
improvement of regional printing plants in the vocational schools;
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(g) the purchase of teaching materials such as workbooks, atlases,

flip charts, science and mathematics teaching aids, and simple
laboratory devices for elementary and secondary classes;

(h) the implementation of the existing program for citizenship

development in barrio high schools, folk schools and adult education
classes;

(i) the undertaking of education research, including that of the

Board of National Education;

(j) the granting of government scholarships to poor but deserving

students under Republic Act Numbered Four thousand ninety; and

(k) the promotion of physical education, such as athletic meets.

SECTION 2. Financing sources of the Fund. - This Fund shall consist

of the proceeds of the following taxes: 
(a) a portion of the taxes on Virginia-type cigarettes and duties on
imported leaf tobacco; and

(b) an additional tax on real property.

SECTION 3. Allocation of the taxes on Virginia-type cigarettes and

the duties on imported leaf tobacco. - The entire collection from
specific taxes on locally-manufactured Virginia-type cigarettes and
tariff duties on imported leaf tobacco shall be allocated as follows:
The share of the local governments in the regular internal revenue
allotment as provided for in Commonwealth Act Numbered Four
hundred eighty-six, as amended by Republic Act Numbered Seven
hundred eighty-one, as further amended by Republic Act Numbered
Five thousand one hundred eighty-five, shall be computed and set
aside for distribution to local governments in accordance with
existing laws.
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One per centum of the entire collection shall be retained by the

Bureau of Internal Revenue for the purchase of strip stamps,
apparatus, equipment, as well as improvement and adoption of
modern methods for the effective enforcement and collection of the
specific taxes mentioned in this section.

The balance shall be distributed as follows: ten per centum to the

national share of the Fund; forty per centum to the Philippine
Virginia Tobacco Administration Tobacco Fund created under
Republic Act Numbered Four thousand one hundred fifty-five; and
fifty per centum to the general fund of the National Government.

SECTION 4. Imposition of additional tax on real property; disposition

of proceeds. - There is hereby imposed an annual additional tax of
one per centum on the assessed value of real property in addition to
the real property tax regularly levied thereon under existing
laws: Provided, That when the entire total assessed valuation of real
property assessable to any one person is not in excess of three
thousand pesos, the additional tax thereon shall not be
collected: Provided, further, That the total real property tax shall not
exceed a maximum of three per centum.
Article three of Commonwealth Act Numbered Four hundred seventy
and the pertinent provisions of the corresponding charters of
chartered cities to the contrary notwithstanding, the basic and the
additional real property tax shall be due and payable in four equal
installments; the first installment shall be due and payable on or
before March 31; the second installment, on or before June 30; the
third installment, on or before September 30; and the last
installment, on or before December 31.

The assessment already made or to be made under Commonwealth

Act Numbered Four hundred seventy and under other applicable
laws shall constitute the basis for assessment and collection of the
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additional levy under this Act. It shall be collected by the municipal

or city treasurer where the real property is situated and distributed
as follows: 

A. Collections in the municipalities:

(1) Fifty per cent shall be retained by the municipality;

(2) Twenty per cent shall be remitted to the provincial treasurer of

the province; and

(3) Thirty per cent shall be remitted to the Treasurer of the

Philippines to be expended exclusively for stabilizing the Special
Education Fund in the municipalities, cities and provinces under
Section seven of this Act.

B. Collections in the cities;

(1) Sixty per cent shall be retained by the city; and

(2) Forty per cent shall be remitted to the Treasurer of the

Philippines to be expended exclusively for stabilizing the Special
Education Fund in municipalities, cities and provinces under Section
seven of this Act.

SECTION 5. Creation of Local School Boards. - In every province, city

or municipality, there shall be established a Provincial School Board,
City School Board, or Municipal School Board, respectively, which
shall be composed of the following: 
A. Provincial School Board:

(1) Division Superintendent of Schools - Chairman

(2) Representative of the Provincial Governor

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(3) Provincial Treasurer

(4) The Representative of the Provincial Board to be chosen by the

Board from among its members.

(5) The President or the duly-elected representative of the League of

Parents-Teachers Associations.

B. City School Board:

(1) City Superintendent of Schools - Chairman

(2) Representative of the City Mayor

(3) City Treasurer

(4) The Representative of the City Council chosen by the Council

from among its members

(5) The President or the duly-elected representative of the League of

Parents-Teachers Associations.

C. Municipal School Board:

(1) District Supervisor - Chairman

(2) Representative of the Municipal Mayor

(3) Municipal Treasurer

(4) The Representative of the Municipal Council chosen by the

Council from among the members of the Council

(5) The President or the duly-elected representative of the League of

Parents-Teachers Associations.
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The performance of the duties and responsibilities of the above-

named persons once appointed or nominated shall not be
delegated.

SECTION 6. Functions of provincial, city or municipal school boards. -

Provincial, city and municipal school boards shall have the following
functions: 
(a) Determine, in accordance with the criteria set by the Bureau of
Public Schools or by the Bureau of Vocational Education, as the case
may be, and approved by the Secretary of Education, the annual
budgetary needs for the operation and maintenance of public
schools within the province, city or municipality and the cost of
adequately meeting such needs which shall be prepared in the form
of an annual school budget corresponding to their respective shares
of the proceeds of the additional real property tax.

(b) Apply to the Bureau of Public Schools or to the Bureau of

Vocational Education, as the case may be, through the Division
Superintendent of Schools or Superintendent of Vocational
Education, for a share in the fund established under Section 4A (3)
and 4B (2) hereof, which share, upon approval of the application
therefor, shall be remitted to the provincial, city or municipal
treasurer concerned.

(c) Authorize the provincial, city or municipal treasurer as the case

may be, to disburse funds from the provincial, city or municipal
share in the Special Education Fund pursuant to the budget
prepared under Section seven hereof and in accordance with the
rules and regulations to be promulgated under Section ten of this
Act; and
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(d) Discharge such other functions and duties as the Bureau of

Public Schools or the Bureau of Vocational Education, as the case
may be, may assign to them.

The chairman and members of the provincial, city or municipal

school boards, shall perform their duties as such without
compensation or remuneration: Provided, however, That members
thereof who are not government officials shall be entitled to
necessary travelling expenses chargeable against their
corresponding funds. The boards shall meet at least once a month
or as often as the chairman or majority of the members shall
convene the same. Three shall form a quorum and the chairman
must always be present when the special school budget is being
prepared: Provided, That the affirmative vote of three shall be
necessary to approve the budget.
SECTION 7. Expenditure of the Special Education Fund. - Each school
board shall prepare not later than August 15 each year the budget
of receipts and expenditures for the ensuing fiscal year to carry out
the purpose of this Act. Budgets prepared and approved in
accordance with Republic Act Numbered Five thousand one hundred
sixty-eight and other existing laws, administrative rules and
regulations by provincial, city or municipal school boards shall be
final and executory upon approval of the budget by the boards
unless an appropriate appeal is taken within fifteen days from the
date of the approval of the budget with the Director of Public
Schools or the Director of the Bureau of Vocational Education, as the
case may be, for final decision within thirty days upon receipt of the
appeal under rules and regulations to be promulgated by the
Secretary of Education. Any school need which cannot be covered
by the budget of receipts and expenditures shall be forwarded to
the Department of Education, through the Bureau of Public Schools
or the Bureau of Vocational Education, as the case may be, together
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with the approved special budget for the ensuing fiscal year for its
information.
Expenditure of the share of the National Government out of the
Special Education Fund shall be in pursuance of appropriations
made by the law which shall be included in the budgets of the
Bureau of Public Schools and the Bureau of Vocational Education in
the annual General Appropriations Acts: Provided, however, That in
allocating the Fund corresponding to the National Government, the
Department of Education shall follow a schedule of priorities starting
with the municipalities, cities or provinces belonging to the lowest
classification made by the Department of Finance under Section two
thousand one hundred seventy-one of the Revised Administrative
Code, as amended by Section one of Republic Act Numbered Two
thousand three hundred sixty-eight: Provided, finally, That starting
with the fourth year from the approval of this Act, municipalities,
cities and provinces enjoying priority shall continue to be entitled
thereto provided their total collection from real estate taxes during
the preceding three fiscal years shall have increased by an average
of at least fifteen per cent.
The collections accruing to the said Fund during the fiscal year
ending June 30, 1969, are hereby appropriated to fund the
appropriations from the general and bond funds for the Bureau of
Public Schools and the Bureau of Vocational Education which cannot
be programmed for expenditure for lack of funds: Provided, That the
following sums are hereby appropriated strictly in accordance with
the following schedule of priorities: 
(a) Twenty million pesos, or so much thereof as may be necessary,
for the adjustment and payment of salaries of public school teachers
under Republic Act Numbered Five thousand one hundred sixty-
eight;

(b) Five million pesos, or so much thereof as may be necessary, for

the repair of school buildings and building accessories;
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(c) Five million pesos, or so much thereof as may be necessary, as

aid to barrio high schools;

(d) Two million pesos, or so much thereof as may be necessary, for

the granting of government scholarships to poor but deserving
students under Republic Act Numbered Four thousand ninety;

(e) Four million pesos, or so much thereof as may be necessary, for

the acquisition and establishment of an adequate printing plant to
be used exclusively for the printing of textbooks, teaching materials
and other printing needs of the Department of Education: Provided,
That the operation and maintenance of the said printing plant shall
be undertaken by the Bureau of Printing;
(f) One million pesos, or so much thereof as may be necessary, for
expenses in connection with the holding of the Bureau of Public
Schools 1969 Interscholastic Meet; and

(g) Five hundred thousand pesos, or so much thereof as may be

necessary, for education research, including that of the Board of
National Education.

SECTION 8. Administrative provisions. - All administrative, special

and general provisions of law, including those pertaining to the
assessment, remission, collection, and refund of real property taxes
not inconsistent with the provisions of this Act are made applicable
in respect to the additional tax on real property.
SECTION 9. Turnover of the collections; release of the Fund is
ministerial. - The municipal or city treasurers concerned shall retain
the shares of the municipal or city government and turn over the
portions of their collections of the taxes and penalties mentioned in
Section four hereof appertaining, as the case may be, to the
provincial government and/or to the National Government to the
respective treasurers thereof monthly within fifteen days of every
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succeeding month. No portion of the collections may be transferred

or diverted to the general or any of other fund of the National
Government, provinces, cities or municipalities, or used or expended
for any purpose other than those specified in this Act. It shall be the
ministerial duty of the Budget Commissioner, the Treasurer of the
Philippines, all municipal, provincial and city treasurers, as well as of
the officials and employees under their supervision and control to
effect releases from the Fund within fifteen days from receipt of the
order and/or authorization by the Secretary of Education, in respect
to the share of the National Government from the Fund, and by the
municipal, city or provincial school boards, in respect to their
respective shares from the Fund.
SECTION 10. Rules and Regulations. - The Secretary of Education
and the Secretary of Finance, upon the recommendation of the
Director of Public Schools, the Director of Vocational Education and
the Treasurer of the Philippines, as the case may be, shall
promulgate all rules and regulations for the effective enforcement of
the provisions of this Act pertaining to their respective jurisdictions,
and shall cause the same to be published within fifteen days from
promulgation, in three newspapers of general circulation in the
Philippines and shall take effect as such, fifteen days after their
publication.
SECTION 11. Penal provision. - Any person who fails or refuses to
turn over collections of the taxes and penalties mentioned in this
Act within the period fixed in Section nine hereof, or who delays,
obstructs, or prevents the same; or who fails or refuses to effect
releases from the Fund within the period fixed in Section nine
hereof, or who delays, obstructs or prevents the same; or who
orders, causes, or effects the transfer or diversion of the collections
of this Fund or any portion thereof, shall be punished with a fine not
exceeding ten thousand pesos or imprisonment not exceeding six
years, or both, in the discretion of the court. If the offender is a
government official or employee, he shall, in addition, be dismissed
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from the service with prejudice to reinstatement and with

disqualification for election or appointment to any public office.
SECTION 12. Separability clause. - The provisions of this Act are
hereby declared to be separable, and in the event any part, section
or provision of this Act is held invalid or unconstitutional, no other
part, section or provision thereof shall be affected thereby.
SECTION 13. Repealing clause. - All Acts, parts of Acts, executive
orders, ordinances, rules and regulations which are inconsistent with
the provisions of this Act are hereby repealed, amended or modified
accordingly.
SECTION 14. Effectivity. - This Act shall take effect on January first,
nineteen hundred and sixty-nine except the allocation under Section
three which shall take effect upon approval of this Act.
Approved, September 25, 1968.
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R.A. No. 6655, AN ACT

ESTABLISHING AND PROVIDING
FOR A FREE PUBLIC
SECONDARY EDUCATION AND
FOR OTHER PURPOSES
REPUBLIC ACT NO. 6655
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. - For purposes of this Act, the following terms
shall mean: 
a) Free Public Secondary Education. - Means that the students
enrolled in secondary course offerings in national high schools,
general comprehensive high schools, trade, technical, vocational,
fishery and agricultural schools, and in schools established,
administered, maintained and funded by local government units,
including city, provincial municipal and barangay high schools, and
those public high schools which may be established by law, shall be
free from payment of tuition and other schools fees;

b) Tuition Fee. - Refers to the fee representing direct costs of

instruction, training and other related activities and for the students'
use of the instruction and training facilities;
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c) Other School Fees. - Refer to those fees which cover the 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 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 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 schools, state colleges and universities,
specialized schools, trade, technical, vocational, fishery and
agricultural schools and in schools which 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 which
may be collected: provided, that nothing in this Act shall cause or
authorize the reduction or removal of any benefit which the national
or local government may have granted to the students, teachers
and other school personnel of these public high schools prior to the
enactment of this Act.
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 high school
students with general skills, knowledge and values, such a
curriculum must include vocational and technical courses that will
give the students gainful employment.
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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 which he is
enrolled during the course of his study unless such failure is due to
some valid cause.
Section 7. Nationalization of Public Secondary Schools. - To
effectively implement the system, the establishment, renaming,
conversion, integration, separation, administration, supervision and
control of all public secondary schools 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 local governments 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 high 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.
Section 10. Funding. - The President is hereby authorized to realign
or transfer any item of appropriation within the Department of
Education, Culture and Sports. and/or utilize any savings therein to
carry out the purposes of this Act. Whatever additional amount as
may be needed for its implementation shall be included in the
General Appropriations Acts for the ensuing fiscal years.
Section 11. Repealing Clause. - All laws or parts thereof, inconsistent
with any provision of this Act shall be deemed repealed or modified
as the case may be.
Section 12. Effectivity. - This Act shall take effect upon its approval.
Approved, May 26, 1988.
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R.A. No. 6728, AN ACT

PROVIDING GOVERNMENT
ASSISTANCE TO STUDENTS AND
TEACHERS IN PRIVATE
EDUCATION, AND
APPROPRIATING FUNDS
THEREFOR
REPUBLIC ACT NO. 6728
AN ACT PROVIDING GOVERNMENT ASSISTANCE TO
STUDENTS AND TEACHERS IN PRIVATE EDUCATION, AND
APPROPRIATING FUNDS THEREFOR
Section 1. Title. - This Act shall be known as the "Government
Assistance To Students and Teachers In Private Education Act."
Section 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.
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Section 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.mplementation
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.

Section 4. Forms of Assistance. - Assistance to private education

shall consist of: 
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(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 students

in public schools shall be provided a comprehensive textbook
program under the Secondary Education Development Program
(SEDP);
(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;

(7) Education Loan Fund; and

(8) College Faculty Development Fund.

Section 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
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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
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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.
Section 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 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.
Section 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.
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(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.
Section 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
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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
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
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also be entitled to the allowance granted to valedictorians under the

preceding paragraph.

Section 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
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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).

Section 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 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.
Section 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
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(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.

Section 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.

Section 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.
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Section 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.
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.

Section 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
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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: 
(1) 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;
(2) Twenty percent (20%) of the travel tax and airport departure tax
collections;

(3) 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;

(4) Ten percent (10%) of the net income of the Development Bank
of the Philippines;

(5) Portions of the Overseas Welfare Fund to benefit the dependents

or children of overseas workers; and

(6) 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
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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 unlessCongress provides
otherwise.

Section 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 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.

Section 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.
Section 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.
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Section 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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R.A. No. 8545, 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
REPUBLIC ACT NO. 8545
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
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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:
"Section 1. Title. - This Act shall be known as the 'Expanded
Government Assistance to Students and Teachers in Private
Education Act.'
"Section 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.
"Elementary education is the first six (6) years of basic education,
excluding pre-school and grade seven, the completion of which is
attested by a certificate issued by or with permission of the
Department of Education, Culture and Sports. Secondary education
is the next four (4) years of basic education, the completion of which
is attested by a high school diploma issued by or with permission of
the Department of Education, Culture and Sports.

"Post-secondary education may be education and training in non-

degree vocational and technical courses offered in post-secondary
vocational and technical institutions or education in degree courses
offered by higher educational institutions, the completion of which
are attested by a certificate or diploma issued by or with permission
of the Technical Education and Skills Development Authority
(TESDA) or the Commission on Higher Education (CHED),
respectively.

"Section 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
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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.
"In addition to the foregoing criteria, within such reasonable time as
the respective 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 may be recognized by
the respective State Assistance Council.

"Preference shall be given to students whose family income is not

more than Seventy-two thousand pesos (P72,000.00) or such
amounts as may be determined by the respective councils, as
defined hereinafter.

"For purposes of this Act, programs of assistance to students and

teachers of private post-secondary vocational and technical
institutions and higher educational institutions shall likewise be
extended to students and teachers of community colleges in degree
and non-degree programs. Implementation of the program shall
encourage students to undergo post-secondary vocational and
technical and higher education courses 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.

"The State Assistance Council, jointly with the Department of

Education, Culture and Sports (DECS), the CHED and the TESDA
shall formulate measurement standards for the evaluation of the
quality of courses as well as the standing and status of the recipient
institutions.

"Within five (5) years from the approval of this Act, the assistance
shall be given to schools: provided, that the present allocation of
the tuition fee and other income of the schools shall be used at the
same proportion and allocation as provided by law.
"Section 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:
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"(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 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:

"(1) In-service training fund for teachers in private high schools; and

"(2) College Faculty Development Fund.

"Section 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:
"(a) For students enrolled in schools charging an amount as may be
determined by the State Assistance Council, the government shall
provide them with a voucher in such an amount as may be
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determined by the council: provided, that the government shall

reimburse the vouchers from the schools concerned within one
hundred twenty (120) days from the close of the registration period.
"(2) Assistance under paragraph (1), subparagraph (a) shall be
guaranteed to all private high schools participating in the program
for a number of slots as of the effectivity of this Act as the total
number of students who availed of tuition fee supplements for
school year 1997-1998: provided, that the State Assistance Council
may in subsequent years determine additional slots and/or
additional participating high schools as may be deemed necessary.
"Section 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.
"Section 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.
"(b) The Department shall also enter into contracts 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.

"(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 one hundred eighty (180) days
from the close of the registration period.
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"(e) The amount of assistance shall be allocated and distributed

among the sixteen (16) 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 1998, an equalization
scheme shall be implemented by the State Assistance Council.
"(f) The amount of assistance to private high schools participating in
the program shall be guaranteed for a number of slots as of the
effectivity of this Act as the number of students availing of
educational service contracting assistance for school year 1997-
1998: provided, that the State Assistance Council may, in
subsequent years determine additional slots and/or additional
participating private high schools as may be deemed necessary.
"Section 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.
"For purposes of this Act, an underprivileged student shall refer to a
student whose gross income, if any, and that of the combined
annual gross income of his/her parents do not exceed Seventy-two
thousand pesos (P72,000.00).

"(b) Tuition Waiver. Private post-secondary vocational and technical

institutions and higher educational institutions 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: provided, that those valedictorians and salutatorians meet
admission tests of the schools concerned.
"(c) Allowance for Valedictorians. Subject to rules and regulations as
may be promulgated by the State Assistance Council, valedictorians
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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 (250) students, all
salutatorians and first honorable mention graduates thereof may
also be entitled to the allowance granted to valedictorians under the
preceding paragraph.

"Section 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 TESDA and the CHED shall be provided by the
government through a voucher system in the following manner:
"For students in priority programs in schools charging an effective
per unit tuition rate of such amount as may be determined by the
State Assistance Council, the government shall provide the student
with a voucher for the amount of tuition fee supplement determined
by the State Assistance Council.

"Government assistance and tuition increases as described in this

section shall be governed by the same conditions as provided under
section 5(2).

"Section 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.
"(b) Amounts covering payments for tuition 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
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period of two (2) years from the time he has acquired an

employment: provided, however, that interest at the rate of not
more than six percent (6%) per annum shall accrue on the balance
thereof.
"(d) Social Security Fund. The Social Security System 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.

Section 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.

Section 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.
Section 13. College Faculty Development Fund. - For the purpose of
improving the quality of teaching in private post-secondary
vocational and technical institutions and higher educational
institutions, there is hereby established in the TESDA and the CHED,
a College Faculty Development Fund to provide for scholarships for
graduate degree, degree and non-degree workshops or seminars for
faculty members in private post-secondary vocational and technical
institutions and higher educational institutions: provided, that
faculty member recipients of such scholarships shall serve as many
number of years return service for every year of scholarship availed
of as may be determined by the State Assistance Council in
conformity with prevailing National Economic and Development
Authority (NEDA) policies on return service of government scholars.
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The scholarship shall be in priority courses as determined by the

TESDA and the CHED and cannot be awarded to promote or inhibit
sectarian purposes.
Section 14. Teachers' Salary Subsidy Fund. - A Teachers' Salary
Subsidy Fund is hereby established in the DECS to grant
government subsidy to teachers in private high schools participating
in the programs of assistance provided in this Act:provided, that the
total monthly salary which includes the subsidy to be received by
such private high school teachers shall not be more than eighty
percent (80%) of the salary of his counterpart in the public
sector: provided, further, that the amount of monthly subsidy shall
not exceed the amount of any monthly salary increase that teachers
in public high schools shall after the effectivity of this Act hereinafter
receive: provided, further, that private high school teachers
qualified to receive subsidy under this Act are duly licensed by the
Professional Regulation Commission: provided, further, that the
government shall provide them with a voucher for the salary subsidy
which shall be reimbursed directly to the teachers within sixty (60)
days after the close of the school year upon submission of proof of
qualification and actual teaching service in a participating private
high school:provided, further, that the present allocation out of
increases from tuition and other income shall be
maintained: provided, finally, that in case of insufficiency of funds,
priority shall be given to married teachers supporting a family.
Section 15. 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 the rules and regulations, while the
Department of Education, Culture and Sports, the TESDA and the
CHED shall be responsible for the day to day administration and
program implementation for the programs of assistance to private
secondary education, post-secondary vocational and technical
education and higher education, respectively. Likewise, it may
engage the services and support of any qualified government or
private entity for its implementation.
The State Assistance Council, hereinafter known as the Council, shall
be headed by the Secretary of Education, Culture and Sports as
chairperson, the chairperson of the CHED and the director-general of
the TESDA as co-chairpersons, with representatives from the
National Economic and Development Authority, the Department of
Budget and Management, the Department of Science and
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Technology, and representatives from duly organized nationwide

associations of teachers, students, parents, and school
administrators concerned with secondary, post-secondary vocational
and technical education and higher education as members. The last
three (3) members shall be appointed by the Council upon the
recommendation of their respective sectors for a term of one (1)
school year subject to re-appointment for a maximum term of four
(4) school years. A representative each from the Committees on
Education of both Houses of Congress shall be designated resource
persons to the Council.

The Council shall meet, from time to time, as the need arises, to
assess the effectivity of the programs and to ensure that the
secondary schools, post-secondary vocational and technical
institutions and higher educational institutions where student
recipients are enrolled continue to provide quality education. For
this purpose, the Council shall establish criteria, to determine which
secondary schools, post-secondary vocational and technical
institutions and higher educational institutions may continue to
enroll students and teachers/faculty as recipients of government
assistance under this Act.

Section 16. Appropriations. - The amount needed to implement

these programs shall be provided for in the annual General
Appropriations Act for the year 1998. The appropriation of One
billion pesos (P1,000,000,000.00) already appropriated under the
General Appropriations Act of 1998 shall be used for this purpose.
All funds appropriated for this purpose shall be constituted as a trust
fund to be administered by the State Assistance Council, which shall
be directly and automatically released to the different regional
offices of the DECS."Section 17.Penalties. - In case of violations of
the provisions of this Act or the rules and regulations promulgated
pursuant thereto by an institution, the Department of Education,
Culture and Sports, the TESDA and the CHED, 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 Department, without prejudice to
administrative and criminal charges as may be filed against the
school and/or its responsible officers under existing laws.
Section 18. Repealing Clause. - All laws and decrees, particularly
Presidential Decree Nos. 932 and 1371, and such letters of
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instructions, rules and regulations or parts thereof which are

inconsistent with this Act are hereby repealed or modified
accordingly.
Section 19. 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.
Section 20. 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: provided, that the implementation of new programs of
assistance provided in this Act shall be effective in the school year
of the succeeding fiscal year within which the appropriations
necessary to implement the new programs shall have been
approved into law."
Section 2. 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, February 24, 1998.
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R.A. No. 7687, Science and

Technology Scholarship Act of 1994
REPUBLIC ACT NO. 7687
AN ACT INSTITUTING A SCIENCE AND TECHNOLOGY
SCHOLARSHIP PROGRAM AND OTHER PURPOSES
Section 1. Title. - This Act shall be known as the "Science and
Technology Scholarship Act of 1994".
Section 2. Statement of Policy. - 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.
In line with the above, it is hereby declared the policy of the State to
promote the development of the country's science and technology
manpower in line with economic development and to provide the
capability required in the areas of research, development,
innovation as well as their utilization. As such, it shall provide for
scholarships, grants-in-aid, or other forms of incentives to deserving
science students and other specially-gifted citizens to enable them
to pursue higher education or training in areas of science and
technology.

Section 3. General Objectives. - To carry out the foregoing policy,

this Act strengthens the country's science and technology
manpower by creating a pool of scientists, engineers and
technicians who shall fill the needs of industrialization. Towards this
end, scholarships shall be provided to finance the education of poor,
talented and deserving students desiring to pursue a degree or
training in areas of science and technology as are recognized or
permitted by law.
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Section 4. Science and Technology Scholarship Fund. - There is

hereby created a Science and Technology Scholarship Fund,
hereinafter known as the Fund, to be administered by the
Department of Science and Technology (DOST).
Section 5. Appropriations. - The amount necessary to carry out the
initial implementation of this Act, shall be charged against the
current Fiscal Year Appropriations of the DOST.In order to provide
funds necessary for the continuous implementation of the program
for every year following its initial implementation, the budget of the
DOST shall be increased in the amount of Sixty million pesos (P60M)
per year until it eventually reaches the amount of Three hundred
million pesos (P300M) to sustain the recipients of the scholarship
during the duration of their study.
Section 6. Coverage. - The grant of any scholarship award from the
Fund shall be applied only in the field of science, mathematics,
engineering, and such other areas in the undergraduate or
postgraduate courses as may be provided for in the rules and
regulations to be promulgated by the DOST and the Department of
Education, Culture and Sports (DECS): provided, however, that the
scholarship grant for the postgraduate level shall not be limited to
those scholars or recipients who are graduates of the undergraduate
scholarship program.
Section 7. Assistance to Grantees. - The grantee of the scholarship
program under this Act is entitled to financial assistance which may
include tuition and other school fees, outright grant for prescribed
textbooks and essential school supplies, outright grant for
prescribed military science and physical education uniform,
transportation expenses and monthly living allowance: provided,
however, that in the granting of financial assistance, the availability
of funds, purchasing power of the peso and rate of financial
assistance given under other government scholarship programs
must be considered.
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Section 8. Qualifications. - In order to qualify for the scholarship

program, the applicant must be: 
a) a member of the top five percent (5%) of the high school
graduating class, regardless of gender, religion, and cultural
affiliation;

b) a resident of the municipality for the last four (4) years prior to
availing of the scholarship, as attested by the school records; and

c) of good moral character and in good health.

Section 9. Value Formation Program. - The scholarship program

under this Act shall be supported by appropriate courses for value
formation of scholars that will inculcate in them the virtues of
nationalism, industriousness, honesty, commitment to national
development and an effective work ethic.
Section 10. Distribution of Scholarship Slots. - The DOST in line with
this Act shall provide for a proportional and equitable allotment of
slots for identified fields of science and technology to attain a
balanced distribution of manpower in terms of number and
expertise. The DOST shall organize a program geared towards
enlisting at least two (2) scholars in each municipality of the
Philippines and at least ten (10) scholars for those congressional
districts without municipality. Qualified members of the cultural
minority in appropriate cases shall be given due preference.
Section 11. Place of Study in the Country. - The recipient of the
scholarship privileges under this Act shall be required to pursue
their degree program and/or the vocational, technical, or other
courses specified under this Act at any academic or training
institutions duly accredited by the DECS and the DOST and in
private schools accredited by Federation of Accrediting Agencies in
the Philippines (FAAP).Refusal or failure to comply with this provision
shall be ground for disqualification from the Program.
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Section 12. Place of Study Outside the Home Country. - The

scholarship grant provided herein shall not be limited to studying
only in any school in this country but would include scholars who
can be granted the opportunity to study abroad in schools
specializing in courses stated therein: provided, however, that a
grantee who has qualified for study abroad must execute an
undertaking binding himself to return to the country to fulfill his
service obligation on the basis of the length of his scholarship. The
Department of Foreign Affairs is hereby directed to give full
assistance in enforcing such undertaking.
Section 13. Service Obligation. - Immediately upon completion of a
Bachelor of Science course, a scholar shall serve the country on full-
time basis only along his field of training for a minimum period
equivalent to the length of time a scholar enjoyed the scholarship by
rendering service to his province or municipality by organizing
technology-based livelihood activities or enterprises, teaching, or
such other service related to the course or training he has
completed, and, for this purpose, requiring the execution of a
contract between the Government and the scholar incorporating the
details of the said service obligation.
Any recipient of the program who has not completed his course shall
render service to the country equivalent to the number of years he
enjoyed the scholarship.

For the purpose stated in paragraph 1 of this Section, government

banks, financial institutions, and appropriate agencies shall provide
priority access to credit, research and development facilities,
support programs and other assistance to graduate scholars under
this Act where the same may be sound and viable.

Any scholar who violates the service obligation imposed under this
section shall be liable to reimburse the Government of the fund
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assistance received under this Act in full or pro tanto as the case
may be.
Section 14. Post Scholarship Incentives. - In order to encourage
graduates of the scholarship program under this Act to serve in
fulfillment of their service obligation and entice them to continue to
stay and serve in the country even beyond their service obligation,
they shall be entitled to the following incentives: 
a) priority for job placement in the Government or in the private
sector in positions appropriate to their area of education or training;

b) grants-in-aid and access to government research facilities in the

conduct of research and development projects and other service
and technology activities;

c) access to credit with liberal terms from government banks and

financial institutions;

d) payment of hardship and/or hazard allowance to those who are

engaged in research and other science and technology activities
that posed danger and caused hardship to their well-being; and

e) travel and accident insurance coverage.

Section 15. Advisory Committee. - There is hereby created a

committee composed of the Secretary of Science and Technology as
Chairman, and the Secretaries or Heads of the following
departments or agencies or their chosen representatives as
members: Education, Culture and Sports; Budget and Management;
Agriculture; Trade and Industry; Interior and Local Government;
Finance and the National Economic and Development Authority; and
two (2) representatives from the private sector one (1) of whom
shall come from the Philippine Chamber of Commerce and Industry
and one (1) from other sectors.
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To ensure the effective coordination of the program, said body shall

act in an advisory capacity in its implementation.

Section 16. Implementing Body. - The scholarship program herein

provided shall be directly implemented by the DOST through the
Science Education Institute.
Section 17. Rules and Regulations. - Within thirty (30) days from the
approval of this Act, the DOST in joint collaboration with the DECS
shall promulgate the necessary rules and regulations for the
effective implementation of the provisions thereof.
Section 18. Transitory Provisions. - Within sixty (60) days from
effectivity of this Act, existing state colleges and universities and
private schools with curriculum offerings on science and technology
shall ipso facto be deemed accredited.
Section 19. Repealing Clause. - All laws, decrees, orders, rules and
regulations, or portions thereof, inconsistent with this Act are hereby
repealed or modified accordingly.
Section 20. Separability Clause. - In the event any of the provisions
of this Act is declared unconstitutional, the validity of the other
provisions shall not be affected by such declaration.
Section 21. Effectivity. - This Act shall take effect upon its approval.
Approved, March 2, 1994.