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May

18

RA 10533 K to 12 Education
Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand
twelve.
REPUBLIC ACT No. 10533

AN ACT ENHANCING THE PHILIPPINE BASIC EDUCATION SYSTEM BY


STRENGTHENING ITS CURRICULUM AND INCREASING THE NUMBER OF YEARS
FOR BASIC EDUCATION, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES

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


assembled:
Section 1. Short Title. — This Act shall be known as the "Enhanced Basic Education Act of
2013″.
Section 2. Declaration of Policy. — The State shall establish, maintain and support a
complete, adequate, and integrated system of education relevant to the needs of the people,
the country and society-at-large.
Likewise, it is hereby declared the policy of the State that every graduate of basic education
shall be an empowered individual who has learned, through a program that is rooted on
sound educational principles and geared towards excellence, the foundations for learning
throughout life, the competence to engage in work and be productive, the ability to coexist in
fruitful harmony with local and global communities, the capability to engage in autonomous,
creative, and critical thinking, and the capacity and willingness to transform others and one’s
self.
For this purpose, the State shall create a functional basic education system that will develop
productive and responsible citizens equipped with the essential competencies, skills and
values for both life-long learning and employment. In order to achieve this, the State shall:
(a) Give every student an opportunity to receive quality education that is globally
competitive based on a pedagogically sound curriculum that is at par with
international standards;
(b) Broaden the goals of high school education for college preparation, vocational
and technical career opportunities as well as creative arts, sports and entrepreneurial
employment in a rapidly changing and increasingly globalized environment; and
(c) Make education learner-oriented and responsive to the needs, cognitive and
cultural capacity, the circumstances and diversity of learners, schools and
communities through the appropriate languages of teaching and learning, including
mother tongue as a learning resource.
Section 3. Basic Education. — Basic education is intended to meet basic learning needs
which provides the foundation on which subsequent learning can be based. It encompasses
kindergarten, elementary and secondary education as well as alternative learning systems
for out-of-school learners and those with special needs.
Section 4. Enhanced Basic Education Program. — The enhanced basic education program
encompasses at least one (1) year of kindergarten education, six (6) years of elementary
education, and six (6) years of secondary education, in that sequence. Secondary education
includes four (4) years of junior high school and two (2) years of senior high school
education.
Kindergarten education shall mean one (1) year of preparatory education for children at least
five (5) years old as a prerequisite for Grade I.
Elementary education refers to the second stage of compulsory basic education which is
composed of six (6) years. The entrant age to this level is typically six (6) years old.
Secondary education refers to the third stage of compulsory basic education. It consists of
four (4) years of junior high school education and two (2) years of senior high school
education. The entrant age to the junior and senior high school levels are typically twelve
(12) and sixteen (16) years old, respectively.
Basic education shall be delivered in languages understood by the learners as the language
plays a strategic role in shaping the formative years of learners.
For kindergarten and the first three (3) years of elementary education, instruction, teaching
materials and assessment shall be in the regional or native language of the learners. The
Department of Education (DepED) shall formulate a mother language transition program
from Grade 4 to Grade 6 so that Filipino and English shall be gradually introduced as
languages of instruction until such time when these two (2) languages can become the
primary languages of instruction at the secondary level.
For purposes of this Act, mother language or first Language (LI) refers to language or
languages first learned by a child, which he/she identifies with, is identified as a native
language user of by others, which he/she knows best, or uses most. This includes Filipino
sign language used by individuals with pertinent disabilities. The regional or native language
refers to the traditional speech variety or variety of Filipino sign language existing in a region,
area or place.
Section 5. Curriculum Development. — The DepED shall formulate the design and details of
the enhanced basic education curriculum. It shall work with the Commission on Higher
Education (CHED) to craft harmonized basic and tertiary curricula for the global
competitiveness of Filipino graduates. To ensure college readiness and to avoid remedial
and duplication of basic education subjects, the DepED shall coordinate with the CHED and
the Technical Education and Skills Development Authority (TESDA).
To achieve an effective enhanced basic education curriculum, the DepED shall undertake
consultations with other national government agencies and other stakeholders including, but
not limited to, the Department of Labor and Employment (DOLE), the Professional
Regulation Commission (PRC), the private and public schools associations, the national
student organizations, the national teacher organizations, the parents-teachers associations
and the chambers of commerce on matters affecting the concerned stakeholders.
The DepED shall adhere to the following standards and principles in developing the
enhanced basic education curriculum:
(a) The curriculum shall be learner-centered, inclusive and developmentally
appropriate;
(b) The curriculum shall be relevant, responsive and research-based;
(c) The curriculum shall be culture-sensitive;
(d) The curriculum shall be contextualized and global;
(e) The curriculum shall use pedagogical approaches that are constructivist, inquiry-
based, reflective, collaborative and integrative;
(f) The curriculum shall adhere to the principles and framework of Mother Tongue-
Based Multilingual Education (MTB-MLE) which starts from where the learners are
and from what they already knew proceeding from the known to the unknown;
instructional materials and capable teachers to implement the MTB-MLE curriculum
shall be available;
(g) The curriculum shall use the spiral progression approach to ensure mastery of
knowledge and skills after each level; and
(h) The curriculum shall be flexible enough to enable and allow schools to localize,
indigenize and enhance the same based on their respective educational and social
contexts. The production and development of locally produced teaching materials
shall be encouraged and approval of these materials shall devolve to the regional
and division education units.
Section 6. Curriculum Consultative Committee. — There shall be created a curriculum
consultative committee chaired by the DepED Secretary or his/her duly authorized
representative and with members composed of, but not limited to, a representative each from
the CHED, the TESDA, the DOLE, the PRC, the Department of Science and Technology
(DOST), and a representative from the business chambers such as the Information
Technology – Business Process Outsourcing (IT-BPO) industry association. The consultative
committee shall oversee the review and evaluation on the implementation of the basic
education curriculum and may recommend to the DepED the formulation of necessary
refinements in the curriculum.
Section 7. Teacher Education and Training. — To ensure that the enhanced basic education
program meets the demand for quality teachers and school leaders, the DepED and the
CHED, in collaboration with relevant partners in government, academe, industry, and
nongovernmental organizations, shall conduct teacher education and training programs, as
specified:
(a) In-service Training on Content and Pedagogy — Current DepED teachers shall
be retrained to meet the content and performance standards of the new K to 12
curriculum.
The DepED shall ensure that private education institutions shall be given the
opportunity to avail of such training.
(b) Training of New Teachers. — New graduates of the current Teacher Education
curriculum shall undergo additional training, upon hiring, to upgrade their skills to the
content standards of the new curriculum. Furthermore, the CHED, in coordination
with the DepED and relevant stakeholders, shall ensure that the Teacher Education
curriculum offered in these Teacher Education Institutes (TEIs) will meet necessary
quality standards for new teachers. Duly recognized organizations acting as TEIs, in
coordination with the DepED, the CHED, and other relevant stakeholders, shall
ensure that the curriculum of these organizations meet the necessary quality
standards for trained teachers.
(c) Training of School Leadership. — Superintendents, principals, subject area
coordinators and other instructional school leaders shall likewise undergo workshops
and training to enhance their skills on their role as academic, administrative and
community leaders.
Henceforth, such professional development programs as those stated above shall be
initiated and conducted regularly throughout the school year to ensure constant
upgrading of teacher skills.
Section 8. Hiring of Graduates of Science, Mathematics, Statistics, Engineering and Other
Specialists in Subjects With a Shortage of Qualified Applicants, Technical-Vocational
Courses and Higher Education Institution Faculty. — Notwithstanding the provisions of
Sections 26, 27 and 28 of Republic Act No. 7836, otherwise known as the "Philippine
Teachers Professionalization Act of 1994″, the DepED and private education institutions shall
hire, as may be relevant to the particular subject:
(a) Graduates of science, mathematics, statistics, engineering, music and other
degree courses with shortages in qualified Licensure Examination for Teachers (LET)
applicants to teach in their specialized subjects in the elementary and secondary
education. Qualified LET applicants shall also include graduates admitted by
foundations duly recognized for their expertise in the education sector and who
satisfactorily complete the requirements set by these organizations: Provided, That
they pass the LET within five (5) years after their date of hiring: Provided,
further, That if such graduates are willing to teach on part-time basis, the provisions
of LET shall no longer be required;
(b) Graduates of technical-vocational courses to teach in their specialized subjects in
the secondary education: Provided, That these graduates possess the necessary
certification issued by the TESDA:Provided, further, That they undergo appropriate
in-service training to be administered by the DepED or higher education institutions
(HEIs) at the expense of the DepED;
(c) Faculty of HEIs be allowed to teach in their general education or subject
specialties in the secondary education: Provided, That the faculty must be a holder of
a relevant Bachelor’s degree, and must have satisfactorily served as a full-time HEI
faculty;
(d) The DepED and private education institutions may hire practitioners, with
expertise in the specialized learning areas offered by the Basic Education
Curriculum, to teach in the secondary level; Provided, That they teach on part-time
basis only. For this purpose, the DepED, in coordination with the appropriate
government agencies, shall determine the necessary qualification standards in hiring
these experts.
Section 9. Career Guidance and Counselling Advocacy. — To properly guide the students in
choosing the career tracks that they intend to pursue, the DepED, in coordination with the
DOLE, the TESDA and the CHED, shall regularly conduct career advocacy activities for
secondary level students. Notwithstanding the provisions of Section 27 of Republic Act No.
9258, otherwise known as the "Guidance and Counselling Act of 2004″, career and
employment guidance counsellors, who are not registered and licensed guidance
counsellors, shall be allowed to conduct career advocacy activities to secondary level
students of the school where they are currently employed;Provided, That they undergo a
training program to be developed or accredited by the DepED.
Section 10. Expansion of E-GASTPE Beneficiaries. — The benefits accorded by Republic
Act No. 8545, or the "Expanded Government Assistance to Students and Teachers in Private
Education Act", shall be extended to qualified students enrolled under the enhanced basic
education.
The DepED shall engage the services of private education institutions and non-DepED
schools offering senior high school through the programs under Republic Act No. 8545, and
other financial arrangements formulated by the DepED and the Department of Budget and
Management (DBM) based on the principles of public-private partnership.
Section 11. Appropriations. — The Secretary of Education shall include in the Department’s
program the operationalization of the enhanced basic education program, the initial funding
of which shall be charged against the current appropriations of the DepED. Thereafter, the
amount necessary for the continued implementation of the enhanced basic education
program shall be included in the annual General Appropriations Act.
Section 12. Transitory Provisions. — The DepED, the CHED and the TESDA shall formulate
the appropriate strategies and mechanisms needed to ensure smooth transition from the
existing ten (10) years basic education cycle to the enhanced basic education (K to 12)
cycle. The strategies may cover changes in physical infrastructure, manpower, organizational
and structural concerns, bridging models linking grade 10 competencies and the entry
requirements of new tertiary curricula, and partnerships between the government and other
entities. Modeling for senior high school may be implemented in selected schools to simulate
the transition process and provide concrete data for the transition plan.
To manage the initial implementation of the enhanced basic education program and mitigate
the expected multi-year low enrolment turnout for HEIs and Technical Vocational Institutions
(TVIs) starting School Year 2016-2017, the DepED shall engage in partnerships with HEIs
and TVIs for the utilization of the latter’s human and physical resources. Moreover, the
DepED, the CHED, the TESDA, the TVIs and the HEIs shall coordinate closely with one
another to implement strategies that ensure the academic, physical, financial, and human
resource capabilities of HEIs and TVIs to provide educational and training services for
graduates of the enhanced basic education program to ensure that they are not adversely
affected. The faculty of HEIs and TVIs allowed to teach students of secondary education
under Section 8 hereof, shall be given priority in hiring for the duration of the transition
period. For this purpose, the transition period shall be provided for in the implementing rules
and regulations (IRK).
Section 13. Joint Congressional Oversight Committee on the Enhanced Basic Educational
Program (K to 12 Program). — There is hereby created a Joint Oversight Committee to
oversee, monitor and evaluate the implementation of this Act.
The Oversight Committee shall be composed of five (5) members each from the Senate and
from the House of Representatives, including Chairs of the Committees on Education, Arts
and Culture, and Finance of both Houses. The membership of the Committee for every
House shall have at least two (2) opposition or minority members.
Section 14. Mandatory Evaluation and Review. — By the end of School Year 2014-2015, the
DepED shall conduct a mandatory review and submit a midterm report to Congress as to the
status of implementation of the K to 12 program in terms of closing the following current
shortages: (a) teachers; (b) classrooms; (c) textbooks; (d) seats; (e) toilets; and (f) other
shortages that should be addressed. 1âwphi1

The DepED shall include among others, in this midterm report, the following key metrics of
access to and quality of basic education: (a) participation rate; (b) retention rate; (c) National
Achievement Test results; (d) completion rate; (e) teachers’ welfare and training profiles; (f)
adequacy of funding requirements; and (g) other learning facilities including, but not limited
to, computer and science laboratories, libraries and library hubs, and sports, music and arts.
Section 15. Commitment to International Benchmarks. — The DepED shall endeavor to
increase the per capita spending on education towards the immediate attainment of
international benchmarks.
Section 16. Implementing Rules and Regulations. — Within ninety (90) days after the
effectivity of this Act, the DepED Secretary, the CHED Chairperson and the TESDA Director-
General shall promulgate the rules and regulations needed for the implementation of this Act.
Section 17. Separability Clause. — If any provision of this Act is held invalid or
unconstitutional, the same shall not affect the validity and effectivity of the other provisions
hereof.
Section 18. Repealing Clause. — Pertinent provisions of Batas Pambansa Blg. 232 or the
"Education Act of 1982″, Republic Act No. 9155 or the "Governance of Basic Education.
Act of 2001″, Republic Act No. 9258, Republic Act No. 7836, and all other laws, decrees,
executive orders and rules and regulations contrary to or inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.
Section 19. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved,

(Sgd.) JUAN PONCE ENRILE (Sgd.) FELICIANO BELMONTE JR.


President of the Senate Speaker of the House of
Representatives
This Act which is a consolidation of Senate Bill No. 3286 and House Bill No. 6643 was finally
passed by the Senate and the House of Representatives on January 30, 2013.

(Sgd.) EDWIN B. BELLEN (Sgd.) MARILYN B. BARUA-YAP


Acting Senate Secretary Secretary General
House of Representatives
Approved: MAY 15 2013
(Sgd.) BENIGNO S. AQUINO III
President of the Philippines

The Lawphil Project - Arellano Law Foundation


Posted 18th May 2016 by Unknown
Labels: DepEd
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Education Philippines

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 Snapshot
 Timeslide

1.

Apr

21

University and Industry: Bridging the


Gap | Ali Al Soufi | TEDxSakhir
Posted 21st April 2017 by Unknown

Add a comment
2.

May

19

Study Now Pay Later Program


(SNPLP)
Posted 19th May 2016 by Unknown

Add a comment

3.

May

18

Teaching Digital Citizenship


This 21st century skill is a necessity. It should start at home but
with parents not competent to teach it, the school and community
should.
Read more

http://edtechreview.in/digital-citizenship/why#Why_colleges

Posted 18th May 2016 by Unknown


Labels: 21st Century Skills

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4.

May

18

Education vs Learning - What Exactly


is the Difference?
“Education is what people do to you. Learning is what you do for yourself”

Joi Ito

Lifelong learning is one of the mandated outcomes in Level 6 of the


Philippine Qualifications Framework. Every Filipino should invest in
continuous learning. Thus schools and communities become
partners in the future undertakings, be it aimed at developing
knowledge, skills or attitudes.

Read more...
http://edtechreview.in/trends-insights/insights/1417-education-vs-
learning-what-exactly-is-the-difference

Posted 18th May 2016 by Unknown

Labels: Learning

Add a comment

5.
May

18

RA 10533 K to 12 Education
Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila

Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two
thousand twelve.

REPUBLIC ACT No. 10533

AN ACT ENHANCING THE PHILIPPINE BASIC EDUCATION SYSTEM BY


STRENGTHENING ITS CURRICULUM AND INCREASING THE NUMBER OF
YEARS FOR BASIC EDUCATION, APPROPRIATING FUNDS THEREFOR AND
FOR OTHER PURPOSES

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


Congress assembled:

Section 1. Short Title. — This Act shall be known as the "Enhanced Basic Education
Act of 2013″.

Section 2. Declaration of Policy. — The State shall establish, maintain and support a
complete, adequate, and integrated system of education relevant to the needs of the
people, the country and society-at-large.

Likewise, it is hereby declared the policy of the State that every graduate of basic
education shall be an empowered individual who has learned, through a program
that is rooted on sound educational principles and geared towards excellence, the
foundations for learning throughout life, the competence to engage in work and be
productive, the ability to coexist in fruitful harmony with local and global communities,
the capability to engage in autonomous, creative, and critical thinking, and the
capacity and willingness to transform others and one’s self.

For this purpose, the State shall create a functional basic education system that will
develop productive and responsible citizens equipped with the essential
competencies, skills and values for both life-long learning and employment. In order
to achieve this, the State shall:

(a) Give every student an opportunity to receive quality education that is


globally competitive based on a pedagogically sound curriculum that is at par
with international standards;

(b) Broaden the goals of high school education for college preparation,
vocational and technical career opportunities as well as creative arts, sports
and entrepreneurial employment in a rapidly changing and increasingly
globalized environment; and

(c) Make education learner-oriented and responsive to the needs, cognitive


and cultural capacity, the circumstances and diversity of learners, schools
and communities through the appropriate languages of teaching and
learning, including mother tongue as a learning resource.

Section 3. Basic Education. — Basic education is intended to meet basic learning


needs which provides the foundation on which subsequent learning can be based. It
encompasses kindergarten, elementary and secondary education as well as
alternative learning systems for out-of-school learners and those with special needs.

Section 4. Enhanced Basic Education Program. — The enhanced basic education


program encompasses at least one (1) year of kindergarten education, six (6) years
of elementary education, and six (6) years of secondary education, in that sequence.
Secondary education includes four (4) years of junior high school and two (2) years
of senior high school education.

Kindergarten education shall mean one (1) year of preparatory education for children
at least five (5) years old as a prerequisite for Grade I.

Elementary education refers to the second stage of compulsory basic education


which is composed of six (6) years. The entrant age to this level is typically six (6)
years old.

Secondary education refers to the third stage of compulsory basic education. It


consists of four (4) years of junior high school education and two (2) years of senior
high school education. The entrant age to the junior and senior high school levels are
typically twelve (12) and sixteen (16) years old, respectively.

Basic education shall be delivered in languages understood by the learners as the


language plays a strategic role in shaping the formative years of learners.

For kindergarten and the first three (3) years of elementary education, instruction,
teaching materials and assessment shall be in the regional or native language of the
learners. The Department of Education (DepED) shall formulate a mother language
transition program from Grade 4 to Grade 6 so that Filipino and English shall be
gradually introduced as languages of instruction until such time when these two (2)
languages can become the primary languages of instruction at the secondary level.
For purposes of this Act, mother language or first Language (LI) refers to language or
languages first learned by a child, which he/she identifies with, is identified as a
native language user of by others, which he/she knows best, or uses most. This
includes Filipino sign language used by individuals with pertinent disabilities. The
regional or native language refers to the traditional speech variety or variety of
Filipino sign language existing in a region, area or place.

Section 5. Curriculum Development. — The DepED shall formulate the design and
details of the enhanced basic education curriculum. It shall work with the
Commission on Higher Education (CHED) to craft harmonized basic and tertiary
curricula for the global competitiveness of Filipino graduates. To ensure college
readiness and to avoid remedial and duplication of basic education subjects, the
DepED shall coordinate with the CHED and the Technical Education and Skills
Development Authority (TESDA).

To achieve an effective enhanced basic education curriculum, the DepED shall


undertake consultations with other national government agencies and other
stakeholders including, but not limited to, the Department of Labor and Employment
(DOLE), the Professional Regulation Commission (PRC), the private and public
schools associations, the national student organizations, the national teacher
organizations, the parents-teachers associations and the chambers of commerce on
matters affecting the concerned stakeholders.

The DepED shall adhere to the following standards and principles in developing the
enhanced basic education curriculum:

(a) The curriculum shall be learner-centered, inclusive and developmentally


appropriate;

(b) The curriculum shall be relevant, responsive and research-based;

(c) The curriculum shall be culture-sensitive;

(d) The curriculum shall be contextualized and global;

(e) The curriculum shall use pedagogical approaches that are constructivist,
inquiry-based, reflective, collaborative and integrative;

(f) The curriculum shall adhere to the principles and framework of Mother
Tongue-Based Multilingual Education (MTB-MLE) which starts from where
the learners are and from what they already knew proceeding from the
known to the unknown; instructional materials and capable teachers to
implement the MTB-MLE curriculum shall be available;

(g) The curriculum shall use the spiral progression approach to ensure
mastery of knowledge and skills after each level; and

(h) The curriculum shall be flexible enough to enable and allow schools to
localize, indigenize and enhance the same based on their respective
educational and social contexts. The production and development of locally
produced teaching materials shall be encouraged and approval of these
materials shall devolve to the regional and division education units.

Section 6. Curriculum Consultative Committee. — There shall be created a


curriculum consultative committee chaired by the DepED Secretary or his/her duly
authorized representative and with members composed of, but not limited to, a
representative each from the CHED, the TESDA, the DOLE, the PRC, the
Department of Science and Technology (DOST), and a representative from the
business chambers such as the Information Technology – Business Process
Outsourcing (IT-BPO) industry association. The consultative committee shall oversee
the review and evaluation on the implementation of the basic education curriculum
and may recommend to the DepED the formulation of necessary refinements in the
curriculum.

Section 7. Teacher Education and Training. — To ensure that the enhanced basic
education program meets the demand for quality teachers and school leaders, the
DepED and the CHED, in collaboration with relevant partners in government,
academe, industry, and nongovernmental organizations, shall conduct teacher
education and training programs, as specified:

(a) In-service Training on Content and Pedagogy — Current DepED teachers


shall be retrained to meet the content and performance standards of the new
K to 12 curriculum.

The DepED shall ensure that private education institutions shall be given the
opportunity to avail of such training.

(b) Training of New Teachers. — New graduates of the current Teacher


Education curriculum shall undergo additional training, upon hiring, to
upgrade their skills to the content standards of the new curriculum.
Furthermore, the CHED, in coordination with the DepED and relevant
stakeholders, shall ensure that the Teacher Education curriculum offered in
these Teacher Education Institutes (TEIs) will meet necessary quality
standards for new teachers. Duly recognized organizations acting as TEIs, in
coordination with the DepED, the CHED, and other relevant stakeholders,
shall ensure that the curriculum of these organizations meet the necessary
quality standards for trained teachers.

(c) Training of School Leadership. — Superintendents, principals, subject


area coordinators and other instructional school leaders shall likewise
undergo workshops and training to enhance their skills on their role as
academic, administrative and community leaders.

Henceforth, such professional development programs as those stated above


shall be initiated and conducted regularly throughout the school year to
ensure constant upgrading of teacher skills.

Section 8. Hiring of Graduates of Science, Mathematics, Statistics, Engineering and


Other Specialists in Subjects With a Shortage of Qualified Applicants, Technical-
Vocational Courses and Higher Education Institution Faculty. — Notwithstanding the
provisions of Sections 26, 27 and 28 of Republic Act No. 7836, otherwise known as
the "Philippine Teachers Professionalization Act of 1994″, the DepED and private
education institutions shall hire, as may be relevant to the particular subject:

(a) Graduates of science, mathematics, statistics, engineering, music and


other degree courses with shortages in qualified Licensure Examination for
Teachers (LET) applicants to teach in their specialized subjects in the
elementary and secondary education. Qualified LET applicants shall also
include graduates admitted by foundations duly recognized for their expertise
in the education sector and who satisfactorily complete the requirements set
by these organizations: Provided, That they pass the LET within five (5) years
after their date of hiring: Provided, further, That if such graduates are willing
to teach on part-time basis, the provisions of LET shall no longer be required;

(b) Graduates of technical-vocational courses to teach in their specialized


subjects in the secondary education: Provided, That these graduates
possess the necessary certification issued by the TESDA:Provided,
further, That they undergo appropriate in-service training to be administered
by the DepED or higher education institutions (HEIs) at the expense of the
DepED;

(c) Faculty of HEIs be allowed to teach in their general education or subject


specialties in the secondary education: Provided, That the faculty must be a
holder of a relevant Bachelor’s degree, and must have satisfactorily served
as a full-time HEI faculty;

(d) The DepED and private education institutions may hire practitioners, with
expertise in the specialized learning areas offered by the Basic Education
Curriculum, to teach in the secondary level; Provided, That they teach on
part-time basis only. For this purpose, the DepED, in coordination with the
appropriate government agencies, shall determine the necessary
qualification standards in hiring these experts.

Section 9. Career Guidance and Counselling Advocacy. — To properly guide the


students in choosing the career tracks that they intend to pursue, the DepED, in
coordination with the DOLE, the TESDA and the CHED, shall regularly conduct
career advocacy activities for secondary level students. Notwithstanding the
provisions of Section 27 of Republic Act No. 9258, otherwise known as the
"Guidance and Counselling Act of 2004″, career and employment guidance
counsellors, who are not registered and licensed guidance counsellors, shall be
allowed to conduct career advocacy activities to secondary level students of the
school where they are currently employed;Provided, That they undergo a training
program to be developed or accredited by the DepED.

Section 10. Expansion of E-GASTPE Beneficiaries. — The benefits accorded


by Republic Act No. 8545, or the "Expanded Government Assistance to Students and
Teachers in Private Education Act", shall be extended to qualified students enrolled
under the enhanced basic education.

The DepED shall engage the services of private education institutions and non-
DepED schools offering senior high school through the programs under Republic Act
No. 8545, and other financial arrangements formulated by the DepED and the
Department of Budget and Management (DBM) based on the principles of public-
private partnership.

Section 11. Appropriations. — The Secretary of Education shall include in the


Department’s program the operationalization of the enhanced basic education
program, the initial funding of which shall be charged against the current
appropriations of the DepED. Thereafter, the amount necessary for the continued
implementation of the enhanced basic education program shall be included in the
annual General Appropriations Act.

Section 12. Transitory Provisions. — The DepED, the CHED and the TESDA shall
formulate the appropriate strategies and mechanisms needed to ensure smooth
transition from the existing ten (10) years basic education cycle to the enhanced
basic education (K to 12) cycle. The strategies may cover changes in physical
infrastructure, manpower, organizational and structural concerns, bridging models
linking grade 10 competencies and the entry requirements of new tertiary curricula,
and partnerships between the government and other entities. Modeling for senior
high school may be implemented in selected schools to simulate the transition
process and provide concrete data for the transition plan.

To manage the initial implementation of the enhanced basic education program and
mitigate the expected multi-year low enrolment turnout for HEIs and Technical
Vocational Institutions (TVIs) starting School Year 2016-2017, the DepED shall
engage in partnerships with HEIs and TVIs for the utilization of the latter’s human
and physical resources. Moreover, the DepED, the CHED, the TESDA, the TVIs and
the HEIs shall coordinate closely with one another to implement strategies that
ensure the academic, physical, financial, and human resource capabilities of HEIs
and TVIs to provide educational and training services for graduates of the enhanced
basic education program to ensure that they are not adversely affected. The faculty
of HEIs and TVIs allowed to teach students of secondary education under Section 8
hereof, shall be given priority in hiring for the duration of the transition period. For this
purpose, the transition period shall be provided for in the implementing rules and
regulations (IRK).

Section 13. Joint Congressional Oversight Committee on the Enhanced Basic


Educational Program (K to 12 Program). — There is hereby created a Joint
Oversight Committee to oversee, monitor and evaluate the implementation of this
Act.

The Oversight Committee shall be composed of five (5) members each from the
Senate and from the House of Representatives, including Chairs of the Committees
on Education, Arts and Culture, and Finance of both Houses. The membership of the
Committee for every House shall have at least two (2) opposition or minority
members.

Section 14. Mandatory Evaluation and Review. — By the end of School Year 2014-
2015, the DepED shall conduct a mandatory review and submit a midterm report to
Congress as to the status of implementation of the K to 12 program in terms of
closing the following current shortages: (a) teachers; (b) classrooms; (c) textbooks;
(d) seats; (e) toilets; and (f) other shortages that should be addressed. 1âwphi1
The DepED shall include among others, in this midterm report, the following key
metrics of access to and quality of basic education: (a) participation rate; (b) retention
rate; (c) National Achievement Test results; (d) completion rate; (e) teachers’ welfare
and training profiles; (f) adequacy of funding requirements; and (g) other learning
facilities including, but not limited to, computer and science laboratories, libraries and
library hubs, and sports, music and arts.

Section 15. Commitment to International Benchmarks. — The DepED shall


endeavor to increase the per capita spending on education towards the immediate
attainment of international benchmarks.

Section 16. Implementing Rules and Regulations. — Within ninety (90) days after
the effectivity of this Act, the DepED Secretary, the CHED Chairperson and the
TESDA Director-General shall promulgate the rules and regulations needed for the
implementation of this Act.

Section 17. Separability Clause. — If any provision of this Act is held invalid or
unconstitutional, the same shall not affect the validity and effectivity of the other
provisions hereof.

Section 18. Repealing Clause. — Pertinent provisions of Batas Pambansa Blg. 232
or the "Education Act of 1982″, Republic Act No. 9155 or the "Governance of Basic
Education.

Act of 2001″, Republic Act No. 9258, Republic Act No. 7836, and all other laws,
decrees, executive orders and rules and regulations contrary to or inconsistent with
the provisions of this Act are hereby repealed or modified accordingly.

Section 19. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,

(Sgd.) JUAN PONCE ENRILE (Sgd.) FELICIANO BELMONTE JR.


President of the Senate Speaker of the House of
Representatives

This Act which is a consolidation of Senate Bill No. 3286 and House Bill No. 6643
was finally passed by the Senate and the House of Representatives on January 30,
2013.

(Sgd.) EDWIN B. BELLEN (Sgd.) MARILYN B. BARUA-YAP


Acting Senate Secretary Secretary General
House of Representatives

Approved: MAY 15 2013


(Sgd.) BENIGNO S. AQUINO III
President of the Philippines

The Lawphil Project - Arellano Law Foundation

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6.

May

18

RA 9155 -DepEd
REPUBLIC ACT NO. 9155 August 11, 2001

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

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


Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Governance of Basic
Education Act of 2001."

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.

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

(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 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;

(I) .School - is an educational institution, private and public, undertaking educational


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

(m) .School Head - is a person responsible for the administrative and instructional
supervision of the school or cluster of schools.
CHAPTER 1
GOVERNANCE OF BASIC EDUCATION

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

(1) Formulating national educational policies;

(2) Formulating a national basic education plan;

(3) Promulgating national educational Standards;

(4) Monitoring and assessing national learning outcomes;

(5) Undertaking national educational research and studies;

(6) Enhancing the employment status, professional competence, welfare and


working conditions of all personnel of the Department; and

(7) Enhancing the total development of learners through local and national
programs and/or projects.
The Secretary of Education shall be assisted by not more than four (4)
undersecretaries and not more than four (4) assistant secretaries whose
assignments, duties and responsibilities shall be governed by law. There shall be at
least one undersecretary and one assistant secretary who shall be career executive
service officers chosen from among the staff of the Department.

B. Regional Level

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

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

(1) Defining a regional educational policy framework which reflects the


values, needs and expectations of the communities they serve;

(2) Developing a regional basic education plan;

(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;

(10) Evaluating all schools division superintendents and assistant division


superintendents in the region;
(II) 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;

(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:

(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;

(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 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 loner 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 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 thenational 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.

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 tile 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,

(Sgd)

FRANKLIN M. DRILON
President of the Senate

(Sgd)

JOSE DE VENECIA, JR.


Speaker of the House of Representatives

(Sgd)

OSCAR G. YARES
Secretary of the Senate
(Sgd)

ROBERTO P. NAZARENO
Secretary General
House of Representatives

Approved: August 11, 2001

(Sgd)

GLORIA MACAPAGAL-ARROYO
President of the Philippines

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7.

May

18

RA 9163 - TESDA
Congress of the Philippines
Twelfth Congress

REPUBLIC ACT NO. 9163 January 23, 2002


AN ACT ESTABLISHING THE NATIONAL SERVICE TRAINING PROGRAM
(NSTP) FOR TERTIARY LEVEL STUDENTS, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 7077 AND PRESIDENTIAL DECREE NO. 1706, AND FOR
OTHER PURPOSES

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


Congress assembled:

Section 1. Short Title - This Act shall be known as the "National Service Training
Program (NSTP) Act of 2001".

Section 2. Declaration of Policy - It is hereby affirmed the prime duty of the


government to serve and protect its citizens. In turn, it shall be the responsibility of all
citizens to defend the security of the State and in fulfillment thereof, the government
may require each citizen to render personal, military or civil service.

Recognizing the youth's vital role in nation-building, the State shall promote civic
consciousness among the youth and shall develop their physical, moral, spiritual,
intellectual and social well-being. It shall inculcate in the youth patriotism,
nationalism, and advance their involvement in public and civic affairs.

In pursuit of these goals, the youth, the most valuable resource of the nation, shall be
motivated, trained, organized and mobilized in military training, literacy, civic welfare
and other similar endeavors in the service of the nation.

Section 3. Definition of Terms - For purposes of this Act, the following are hereby
defined as follows:

(a) "National Service Training Program (NSTP)" is a program aimed at


enhancing civic consciousness and defense preparedness in the youth by
developing the ethics of service and patriotism while undergoing training in
any of its three (3) program components. Its various components are
specially designed to enhance the youth's active contribution to the general
welfare.

(b) "Reserve Officers' Training Corps (ROTC)" is a program institutionalized


under Sections 38 and 39 of Republic Act No. 7077 designed to provide
military training to tertiary level students in order to motivate, train, organize
and mobilize them for national defense preparedness.

(c) "Literacy Training Service" is a program designed to train students to


become teachers of literacy and numeracy skills to school children, out of
school youth, and other segments of society in need of their service.
(d) "Civic Welfare Training Service" refers to programs or activities
contributory to the general welfare and the betterment of life for the members
of the community or the enhancement of its facilities, especially those
devoted to improving health, education, environment, entrepreneurship,
safety, recreation and morals of the citizenry.

(e) "Program component" shall refer to the service components of the NSTP
as enumerated in Section 4 of this Act.

Section 4. Establishment of the National Service Training Program. - There is hereby


established a National Service Training Program, which shall form part of the
curricula of all baccalaureate degree courses and of at least two (2)-year technical
vocational courses and is a requisite for graduation, consisting of the following
service components:

(1) The Reserve Officers' Training Corps (ROTC), which is hereby made
option and voluntary upon the effectivity of this Act;

(2) The Literacy Training Service; and

(3) The Civic Welfare Training Service

The ROTC under the NSTP shall instill patriotism, moral virtues, respect for
rights of civilians, and adherence to the Constitution, among others.
Citizenship training shall be given emphasis in all three (3) program
components.

The Commission on Higher Education (CHED) and Technical Education and


Skills Development Authority (TESDA), in consultation with the Department of
National Defense (DND), Philippine Association of State Universities and
Colleges (PASUC), Coordinating Council of Private Educational Associations
of the Philippines (COCOPEA) and other concerned government agencies,
may design and implement such other program components as may be
necessary in consonance with the provisions of this Act.

Section 5. Coverage - Students, male and female, of any baccalaureate degree


course or at least two (2)-year technical vocational courses in public and private
educational institutions shall be required to complete one (1) of the NSTP
components as requisite for graduation.

Section 6. Duration and Equivalent Course Unit - Each of the aforementioned NSTP
program components shall be undertaken for an academic period of two (2)
semesters.
In lieu of the two (2) semester program for any of the components of the NSTP, a one
(1)-summer program may be designed, formulated and adopted by the DND, CHED,
and TESDA.

Section 7. NSTP Offering in Higher and Technical-Vocational Educational


Institutions - All higher and technical-vocational institutions, public and private, must
offer at least one of the program components; Provided, that State universities and
colleges shall offer the ROTC component and at least one other component as
provided herein; Provided, further, that private higher and technical-vocational
education institutions may also offer the ROTC if they have at least three hundred
and fifty (350) cadet students.

In offering the NSTP whether during the semestral or summer periods, clustering of
affected students from different educational institutions may be done, taking into
account logistics, branch of service and geographical considerations. Schools that do
not meet the required number of students to maintain the optional ROTC and any of
the NSTP components shall allow their students to cross-enroll to other schools
irrespective of whether or not the NSTP components in said schools are being
administered by the same or another branch of service in the Armed Forces of the
Philippines (AFP), CHED and TESDA to which schools are identified.

Section 8. Fees and Incentives - Higher and technical vocational institutions shall
not collect any fee for any of the NSTP components except basic tuition fees, which
shall not be more than fifty percent (50%) of what is currently charged by schools per
unit.

In the case of ROTC, the DND shall formulate and adopt a program of assistance
and/or incentive to those students who will take the said component.

The school authorities concerned, CHED and TESDA shall ensure that group
insurance for health and accident shall be provided for students enrolled in any of the
NSTP components.

Section 9. Scholarships - There is hereby created a Special Scholarship Program for


qualified students taking the NSTP which shall be administered by the CHED and
TESDA. Funds for this purpose shall be included in the annual regular appropriations
of the CHED and TESDA.

Section 10. Management of the NSTP Components - The school authorities shall
exercise academic and administrative supervision over the design, forumulation,
adoption and implementation of the different NSTP components in their respective
schools; Provided, That in case a CHED- or TESDA-accredited non government
organization (NGO) has been contracted to formulate and administer a training
module for any of the NSTP components, such academic and administrative
supervision shall be exercised jointly with that accredited NGO; Provided, further,
That such training module shall be accredited by the CHED and TESDA.

The CHED and TESDA regional offices shall oversee and monitor the
implementation of the NSTP under their jurisdiction to determine if the trainings are
being conducted in consonance with the objectives of this Act. Periodic reports shall
be submitted to the CHED, TESDA and DND in this regard.
Section 11. Creation of the National Service Reserve Corps - There is hereby
created a National Service Reserve Corps, to be composed of the graduates of the
non-ROTC components. Members of this Corps may be tapped by the State for
literacy and civic welfare activities through the joint effort of the DND, CHED and
TESDA.

Graduates of the ROTC shall form part of the Citizens' Armed Force, pursuant to
Republic Act No. 7077.

Section 12. Implementing Rules. - The DND, CHED and TESDA shall have the joint
responsibility for the adoption of the implementing rules of this Act within sixty (60)
days from the approval of this Act.

These three (3) agencies shall consult with other concerned government agencies,
the PASUC and COCOPEA, NGOs and recognized student organizations in drafting
the implementing rules.

The implementing rules shall include the guideline for the adoption of the appropriate
curriculum for each of the NSTP components as well as for the accreditation of the
same.

Section 13. Transitory Provisions - Students who have yet to complete the Basic
ROTC, except those falling under Section 14 of this Act, may either continue in the
program component they are currently enrolled or shift to any of the other program
components of their choice; Provided, That in case he shifts to another program
component, the Basic ROTC course he has completed shall be counted for the
purpose of completing the NSTP requirement; Provided, further, That once he has
shifted to another program component, he shall complete the NSTP in component.

Section 14. Suspension of ROTC Requirement - The completion of ROTC training


as a requisite for graduation is hereby set aside for those students who despite
completing all their academic units as of the effectivity of this Act have not been
allowed to graduate.

Section 15. Separability Clause - If any section or provision of this Act shall be
declared unconstitutional or invalid, the other sections or provisions not affected
thereby shall remain in full force and effect.

Section 16. Amendatory Clause - Section 35 of Commonwealth Act No. 1, Executive


Order No.207 of 1939, Sections 2 and 3 of Presidential Decree No. 1706, and
Sections 38 and 39 or Republic Act No. 7077, as well as all laws, decrees, orders,
rules and regulations and other issuances inconsistent with the provisions of this Act
are hereby deemed amended and modified accordingly.

Section 17. Effectivity - This Act shall take effect fifteen (15) days after its publication
in two (2) newspapers of national circulation, but the implementation of this Act shall
commence in the school year of 2002-2003.

Approved,

(Sgd)
FRANKLIN M. DRILON
President of the Senate

(Sgd)

JOSE DE VENECIA, JR.


Speaker of the House of Representatives

This Act which is a consolidation of H.B. No. 3593 and S.B. No. 1824 was finally
passed by the House of Representatives and the Senate on December 19, 2001.

(Sgd)

OSCAR G. YABES
Secretary of the Senate

(Sgd)

ROBERTO P. NAZARENO
Secretary General
House of Representatives

Approved: January 23, 2002

(Sgd)

GLORIA MACAPAGAL-ARROYO
President of the Philippines
http://www.lawphil.net/statutes/repacts/ra2002/ra_9163_2002.html
The Lawphil Project - Arellano Law Foundation

Posted 18th May 2016 by Unknown

Labels: TESDA

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8.

May

18

RA 7722 - CHED
Source: http://www.lawphil.net/statutes/repacts/ra1994/ra_7722_1994.html

Republic of the Philippines


CONGRESS OF THE PHILIPPINES
Metro Manila

Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, nineteen
hundred and ninety-three.

REPUBLIC ACT No. 7722

AN ACT CREATING THE COMMISSION ON HIGHER EDUCATION,


APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

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


Congress assembled:

Section 1. 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 above mentioned 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 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, the President may appoint the Secretary of Education, Culture and Sports
as ex officio chairman of the Commission for a maximum period of one (1) year.
Thereafter, the President shall appoint a Chairman of the Commission and four (4)
commissioners, who shall be holders of earned doctorate(s), who have been actively
engaged in higher education for at least ten (10) years, and must not have been
candidates for elective positions in the elections immediately preceding their
appointment. They shall be academicians known for their high degree of
professionalism and integrity who have distinguished themselves as authorities in
their chosen fields of learning. The members of the Commission shall belong to
different academic specializations.

In no case shall any and all of the Commissioners appoint representatives to act on
their behalf.

Section 5. Term of Office. - The President shall appoint the full-time chairman and
the commissioners for a term of four (4) years, without prejudice to one
reappointment. The terms of the initial appointees shall be on a staggered basis: the
full-time chairman shall hold office for a term of four (4) years, the next two (2)
commissioners for three (3) years, and the last two (2) commissioners for two (2)
years.

The commissioners shall hold office until their successors shall have been appointed
and qualified. Should a member of the Commission fail to complete his term, his
successor shall be appointed by the President of the Philippines but only for the
unexpired portion of the term.

Section 6. Rank and Emoluments. - The chairman and the commissioners shall
have the rank of a Department Secretary and Undersecretary, respectively. They
shall receive the compensation and other emoluments corresponding to those of a
Department Secretary and Undersecretary, respectively, and shall be subject to the
same disqualifications.
Section 7. Board of Advisers. - There shall be constituted a Board of Advisers
which shall meet with the Commission at least once a year to assist it in aligning its
policies and plans with the cultural, political and socioeconomic development needs
of the nation and with the demands of world-class scholarship.

The Board of Advisers shall be composed of the following:

a. the Secretary of Education, Culture and Sports, as chairman;

b. the Director-General of the National Economic and Development Authority,


as co-chairman;

c. the Secretary of Science and Technology;

d. the Secretary of Trade and Industry;

e. the Secretary of Labor and Employment;

f. the President of the Federation of Accrediting Associations of the


Philippines (FAAP); and

g. the President of the Fund for Assistance to Private Education (FAPE).

Two (2) additional members of the Board of Advisers may be appointed by the
President upon recommendation of the Commission.

Section 8. Powers and Functions of the Commission. -The Commission shall


have the following powers and functions:

a. formulate and recommend development plans, policies, priorities, and


programs on higher education and research;

b. formulate and recommend development plans, policies, priorities and


programs on research;

c. recommend to the executive and legislative branches, priorities and grants


on higher education and research;

d. set minimum standards for programs and institutions of higher learning


recommended by panels of experts in the field and subject to public hearing,
and enforce the same;

e. monitor and evaluate the performance of programs and institutions of


higher learning for appropriate incentives as well as the imposition of
sanctions such as, but not limited to, diminution or withdrawal of subsidy,
recommendation on the downgrading or withdrawal of accreditation, program
termination or school closure;

f. identify, support and develop potential centers of excellence in program


areas needed for the development of world-class scholarship, nation building
and national development;

g. recommend to the Department of Budget and Management the budgets of


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

h. rationalize programs and institutions of higher learning and set standards,


policies and guidelines for the creation of new ones as well as the conversion
or elevation of schools to institutions of higher learning, subject to budgetary
limitations and the number of institutions of higher learning in the province or
region where creation, conversion or elevation is sought to be made;

i. develop criteria for allocating additional resources such as research and


program development grants, scholarships, and other similar
programs: Provided, That these 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, 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 Development Fund. -A Higher Education


Development Fund, hereinafter referred to as the Fund, is hereby established
exclusively for the strengthening of higher education in the entire country.

a. The Government’s contribution to the Fund shall be the following:

1. the amount of Five hundred million pesos (P500,000,000) as seed


capital;

2. the amount of Fifty million pesos (P50,000,000) for the initial


operation of the Commission;

3. the equivalent of forty percent (40%) annual share on the total


gross collections of the travel tax;

4. the equivalent of thirty percent (30%) share of the collections from


the Professional Registration Fee; and

5. the equivalent of one percent (1%) of the gross sales of the lotto
operation of the Philippine Charity Sweepstakes Office (PCSO).

b. Starting Fiscal Year 1995 and every year thereafter, government financing
institutions identified and requested by the Commission may contribute to the
Fund an amount equivalent to not less than three percent (3%) but not more
than five percent (5%) of their unimpaired surplus realized during the
immediately preceding year.

c. The Fund shall have a private portion to be raised from donations, gifts,
and other conveyances including materials, equipment, properties and
services by gratuitous title.

Section 11. Management and Administration of the Higher Education


Development Fund. - The Fund shall be administered by the Commission. For
sound and judicious management of the Fund, the Commission shall appoint a
reputable government financial institution as portfolio manager of the Fund, subject
to the following conditions.

As administrator of the Fund, the Commission shall prepare the necessary guidelines
for its use, subject to the following conditions:

a. No part of the seed capital of the Fund, including earnings thereof, shall be
used to underwrite overhead expenses for administration;
b. Unless otherwise stipulated by the private donor, only earnings of private
contributions shall be used for administrative expenses;

c. The Commission shall appoint and organize a separate staff, independent


administratively and budgetarily separate from the Commission Secretariat;
and

d. The Fund shall be utilized equitably according to regions and programs.

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

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


construed as limiting the academic freedom of universities and colleges. 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 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 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. 1âwphi1

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 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,

(Sgd.) EDGARDO J. ANGARA (Sgd.) JOSE DE VENECIA, JR.


President of the Senate Speaker of the House of
Representatives

This Act, which is a consolidation of Senate Bill No. 1453 and the House Bill No.
12200, was finally passed by the Senate and the House of Representatives on May
4, 1994 and May 17, 1994, respectively.

(Sgd.) EDGARDO E. TUMANGAN (Sgd.) CAMILO L. SABIO


Secretary of Senate Secretary General
House of Representatives

Approved: 18 May 1994

(Sgd.) FIDEL V. RAMOS


President of the Philippines

Source:Commission on Higher Education

Posted 18th May 2016 by Unknown

Labels: CHED

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9.

May

18
Republic Act No. 8545 - Amending the
GASTPE Law
AN ACT AMENDING REPUBLIC ACT NO. 6728, OTHERWISE KNOWN
AS “AN ACT PROVIDING GOVERNMENT ASSISTANCE TO
STUDENTS AND TEACHERS IN PRIVATE EDUCATION AND
APPROPRIATING FUNDS THEREFOR,” ESTABLISHING A FUND FOR
THE PURPOSE OF SUBSIDIZING SALARIES OF PRIVATE SCHOOL
TEACHERS, AND APPROPRIATING FUNDS THEREFOR

SECTION 1. Republic Act No. 6728, otherwise known as the “Government


Assistance to Students and Teachers in Private Education Act,” is hereby
amended to read as follows:

“SEC. 1. Title. — This Act shall be known as the ‘Expanded Government


Assistance to Students and Teachers in Private Education Act.’

“SEC. 2. Declaration of Policy. — It is a declared policy of the State in


conformity with the mandate of the Constitution, to promote and make
quality education accessible to all Filipino citizens. The State also hereby
recognizes the complementary roles of public and private educational
institutions in the educational system and the invaluable contribution that
the private schools have made and will make to education. For these
purposes, the State shall provide the mechanisms to improve quality in
private education by maximizing the use of existing resources of private
education, recognizing in the process the government’s responsibility to
provide basic elementary and secondary education, post-secondary
vocational and technical education and higher education as having priority
over its other functions.

“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.

“SEC. 3. Criteria for Assistance. — The programs for assistance shall be


based on a set of criteria which shall include, among others, tuition fees
charged by the schools, the socioeconomic needs of each region giving
priority to the Social Reform Agenda (SRA) provinces, overall performance
of the schools, the academic qualifications and the financial needs of the
students and the teachers and the financial needs of the schools, as well
as the geographic spread and size of student population.

“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.

“SEC. 4. Forms of Assistance. — Assistance to private education shall


consist of assistance to students and assistance to teachers.
“The following are forms of assistance to students in private education:

“(1) Tuition fee supplements for students in private high schools, including
students in vocational and technical courses;

“(2) High School Textbook Assistance Fund: Provided, That the textbook
assistance per student in private high schools shall be determined by the
council and shall not exceed what students in public high schools are
provided on a per student basis under a comprehensive 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.

“SEC. 5. Tuition Fee Supplements for Students in Private High Schools. —


(1) Financial Assistance for tuition for students in private high schools shall
be provided by the government through a voucher system in the following
manner:

“(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 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.

“SEC. 6. High School Textbook Assistance Fund. — There shall be


established in the Department of Education, Culture and Sports (DECS), a
High School Textbook Assistance Fund, so that assistance on a per
student basis shall be given to students enrolled in private schools
exclusively for the purchase of high school textbooks, in support of the
implementation of the Secondary Education Development Program:
Provided, That the textbook assistance per student in private high schools
shall be determined by the council and shall not exceed what students in
public high schools are provided on a per student basis: Provided, further,
That the textbook assistance shall be granted only to beneficiaries of
tuition fee supplements and educational service contracting scheme
provided in this Act.

“SEC. 7. Expansion of the Existing Educational Service Contracting (ESC)


Scheme. — (a) The Department of Education, Culture and Sports (DECS)
shall continue to enter into contracts with private schools whereby the
government shall shoulder the tuition and other fees of high school
students who shall enroll in private high schools under this program.

“(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.

“(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.

“SEC. 8. Assistance to College Freshmen. — (a) The Voucher System of


Private Education Student Financial Assistance (PESFA) Program. The
existing Private Education Student Financial Assistance (PESFA) Program
which covers degree and non-degree vocational/technical courses shall
be expanded so that all qualified enrolling first year students can benefit
from a scholarship, plus an allowance. Such financial assistance shall be
granted to deserving underprivileged students, who shall be selected on
the basis of family income, geographic spread and results of competitive
examinations to be given by the CHED for degree courses and the TESDA
for non-degree vocational/technical courses in all secondary schools in
coordination with the DECS. The program shall be equitably allocated to
provinces and cities in accordance with regional and national plans to
priority courses as determined by the CHED and the TESDA.

“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 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.
“SEC. 9. Further Assistance to Students in Private Colleges and
Universities. — Tuition fee supplements for students of private post-
secondary vocational and technical institutions and higher educational
institutions enrolled in priority course programs determined by the 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).

“SEC. 10. Education Loan Fund. — (a) ‘Study Now, Pay Later Plan.’ There
is hereby created a special fund to be known as the Students’ Loan Fund
to be administered by the CHED and the TESDA or upon delegation by
the CHED by the Student Loan Fund Authority created under Republic Act
No. 6014 which is hereby reinstituted pursuant to the terms of the same
Republic Act which shall be used to finance educational loans to cover
matriculation and other school fees and educational expenses for book
subsistence, and board and lodging.

“(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 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.

“SEC. 11. The right of any student to avail himself/herself of the benefits
under this Act shall not apply if he/she fails for one (1) school year in the
majority of the academic subjects in which he/she has enrolled during the
course of his/her study unless such failure is due to some valid cause
beyond his/her control.
“SEC. 12. In-service Training Fund (Inset Fund). — For the purpose of
improving the quality of teaching in private secondary education, there is
hereby established in the Department of Education, Culture and Sports an
Inset Fund to provide for the upgrading of knowledge and teaching
competencies in critical subject areas and for the modernization of
teaching techniques and strategies, including training in the use of
computers and of other multi-media educational technologies to assist
instruction: Provided, That the Inset Fund shall be available only to
qualified licensed teachers in participating private high schools as
determined by the State Assistance Council: Provided, further, That the
amount of Inset Fund available to private secondary education shall not
exceed that available to public secondary education on a per capita basis.

“SEC. 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. 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.

“SEC. 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.

“SEC. 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 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.

“SEC. 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.

“SEC. 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.

“SEC. 18. Repealing Clause. — All laws and decrees, particularly


Presidential Decree Nos. 932 and 1371, and such letters of instructions,
rules and regulations or parts thereof which are inconsistent with this Act
are hereby repealed or modified accordingly.

“SEC. 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.

“SEC. 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

[Basahin sa Filipino]

Source: www.cdasia.com
www.congress.gov.ph

Posted 18th May 2016 by Unknown

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10.

May

18

BATAS PAMBANSA BLG. 232 (BP


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
established and maintain a complete, adequate and integrated system
of education relevant to the goals of national development. Toward
this end, the government shall ensure, within the context of a free and
democratic system, maximum contribution of the educational system
to the attainment of the following national developmental goals:

1. To achieve and maintain an accelerating rate of economic


development and social progress;

2. To ensure the maximum participation of all the people in the


attainment and enjoyment of the benefits of such growth; and

3. To achieve and strengthen national unity and consciousness and


preserve, develop and promote desirable cultural, moral and spiritual
values in a changing world.

The State shall promote the right of every individual to relevant


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

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

Section 4. Declaration of Objectives - The educational system aim to:

1. Provide for a broad general education that will assist each


individuals in the peculiar ecology of his own society, to

(a) attain his potentials as a human being;

(b) enhance the range and quality of individual and group


participation in the basic functions of society; and
(c) acquire the essential educational foundation of his development
into a productive and versatile citizen;

2. Train the nation's manpower in the middle-level skills for national


development;

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

4. Respond effectively to changing needs and conditions of the nation


through a system of educational planning and evaluation.

Towards the realization of these objectives, and pursuant to the


Constitution, all educational institutions shall aim to inculcate love of
country, teach the duties of citizenship, and develop moral character,
personal discipline, and scientific, technological, and vocational
efficiency.

Furthermore, the educational system shall reach out to educationally


deprived communities, in order to give meaningful reality to their
membership in the national society, to enrich their civic participation
in the community and national life, and to unify all Filipinos into a
free and just nation.

II. THE EDUCATIONAL COMMUNITY

CHAPTER 1

Preliminary Provisions

Section 5. Declaration of Policy and Objectives - It is likewise


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

Moreover, the State shall:

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

2. Promote and safeguard the welfare and interest of the students by


defining their rights and obligations, according them privileges, and
encouraging the establishment of sound relationships between them
and the other members of the school community.

3. Promote the social economic status of all school personnel, uphold


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

4. Extend support to promote the viability of those institutions through


which parents, students and school personnel seek to attain their
educational goals.

Section 6. Definition and Coverage - "Educational community" refers


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

The members and elements of the educational community are:

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


which has custody of the pupil or student.

2. "Students," or those enrolled in and who regularly attend and


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

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


institution, which includes the following:
a. "Teaching or academic staff," or all persons engaged in actual
teaching and/or research assignments, either on full-time or part-time
basis, in all levels of the educational system.

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


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

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


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

d. "Non-academic personnel," or all other school personnel not falling


under the definition and coverage of teaching and academic staff,
school administrators and academic non-teaching personnel.

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


educational operations.

Section 7. Community Participation. - Every educational institution


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

Representatives from each subgroup of the educational community


shall sit and participate in these bodies, the rules and procedures of
which must be approved by them and duly published.

CHAPTER 2
Rights

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


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

2. The right to access to any official record directly relating to the


children who are under their parental responsibility.

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


subject to the limitation prescribed by law and regulations, and
student and pupils in all schools shall enjoy the following rights:

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


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

2. The right to freely chose their field of study subject to existing


curricula and to continue their course therein up to graduation, except
in cases of academic deficiency, or violation of disciplinary
regulations.

3. The right to school guidance and counseling services for decisions


and selecting the alternatives in fields of work suited to his
potentialities.

4. The right of access to his own school records, the confidentiality of


which the school shall maintain and preserve.

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


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

6. The right to publish a student newspaper and similar publications,


as well as the right to invite resource persons during assemblies,
symposia and other activities of similar nature.

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


effective channels of communication with appropriate academic
channels and administrative bodies of the school or institution.
8. The right to form, establish, join and participate in organizations
and societies recognized by the school to foster their intellectual,
cultural, spiritual and physical growth and development, or to form,
establish, join and maintain organizations and societies for purposes
not contrary to law.

9. The right to be free from involuntary contributions, except those


approved by their own he organizations or societies.

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:

1. The right to free expression of opinion and suggestions, and to


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

2. The right to be provided with free legal service by the appropriate


government office in the case of public school personnel, and through
the school authorities concerned in the case of private school
personnel, when charged in an administrative, civil and/or criminal
proceedings by parties other than the school or regulatory authorities
concerned for actions committed directly in the lawful discharge of
professional duties and/or in defense of school policies.

3. The right to establish, join and maintain labor organizations and/or


professional and self-regulating organizations of their choice to
promote their welfare and defend their interests.

4. The right to be free from involuntary contributions except those


imposed by their own organizations.

Section 11. Special Rights and/or Privileges of Teaching or Academic


Staff - Further to the rights mentioned in the preceding Section, every
member of the teaching or academic staff shall enjoy the following
rights and/or privileges:

1. The right to be free from compulsory assignments not related to


their duties as defined in their appointments or employment contracts,
unless compensated therefor, conformably to existing law.
2. The right to intellectual property consistent with applicable laws.

3. Teachers shall be deemed persons in authority when in the


discharge of lawful duties and responsibilities, and shall, therefore, be
accorded due respect and protection.

4. Teachers shall be accorded the opportunity to choose alternative


career lines either in school administration, in classroom teaching, or
others, for purposes of career advancement.

Section 12. Special Rights of School Administration - School


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

School administrators shall be deemed persons in authority while in


the discharge of lawful duties and responsibilities, and shall therefore
be accorded due respect and protection.

Section 13. Rights of Schools - In addition to other rights provided for


by law, schools shall enjoy the following:

1. The right of their governing boards or lawful authorities to provide


for the proper governance of the school and to adopt and enforce
administrative or management systems.

2. The right for institutions of higher learning to determine on


academic grounds who shall be admitted to study, who may teach, and
what shall be subjects of the study and research.

CHAPTER 3
Duties and Obligations

Section 14. Duties of Parents. - In addition to those provided for


under existing laws, all parents shall have the following duties and
obligations:

1. Parents, individually or collectively, through the school systems,


shall help carry out the educational objectives in accordance with
national goals.
2. Parents shall be obliged to enable their children to obtain
elementary education and shall strive to enable them to obtain
secondary and higher education in the pursuance of the right
formation of the youth.

3. Parents shall cooperate with the school in the implementation of the


school program curricular and co-curricular.

Section 15. Duties and Responsibilities of Students - In addition to


those provided for under existing laws, every student shall:

1. Exert his utmost to develop his potentialities for service,


particularly by undergoing an education suited to his abilities, in order
that he may become an asset to his family and to society.

2. Uphold the academic integrity of the school, endeavor to achieve


academic excellence and abide by the rules and regulations governing
his academic responsibilities and moral integrity.

3. Promote and maintain the peace and tranquility of the school by


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

4. Participate actively in civic affairs and in the promotion of the


general welfare, particularly in the social, economic and cultural
development of his community and in the attainment of a just,
compassionate and orderly society.

5. Exercise his rights responsibly in the knowledge that he is


answerable for any infringement or violation of the public welfare and
of the rights of others.

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

1. Perform his duties to the school by discharging his responsibilities


in accordance with the philosophy, goals, and objectives of the school.

2. Be accountable for the efficient and effective attainment of


specified learning objectives in pursuance of national development
goals within the limits of available school resources.
3. Render regular reports on performance of each student and to the
latter and the latter's parents and guardians with specific suggestions
for improvement.

4. Assume the responsibility to maintain and sustain his professional


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

5. Refrain from making deductions in students' scholastic rating for


acts that are clearly not manifestations of poor scholarship.

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


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

Section 17. School Administrators' Obligations - Every school


administrator shall:

1. Perform his duties to the school by discharging his responsibilities


in accordance with the philosophy, goals and objectives of the school.

2. Be accountable for the efficient and effective administration and


management of the school.

3. Develop and maintain a healthy school atmosphere conducive to


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

4. Assume and maintain professional behavior in his work and in


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

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


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

6. Observe due process, fairness, promptness, privacy,


constructiveness and consistency in disciplining his teachers and other
personnel.
7. Maintain adequate records and submit required reports to the
Ministry of Education, Culture and Sports.

Section 18. Obligations of Academic Non-Teaching Personnel -


Academic non-teaching personnel shall:

1. Improve himself professionally be keeping abreast of the latest


trends and techniques in his profession.

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


and learning.

3. Promote and maintain an atmosphere conducive to service and


learning.

III. THE EDUCATIONAL SYSTEMS

CHAPTER 1
Formal Education

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


education, or the school system, in society's primary learning system,
and therefore the main instrument for the achievement of the country's
educational goals and objectives.

Section 20. Definition - "Formal Educational" refers to the


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

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


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

3. Tertiary Education. - post secondary schooling is higher education


leading to a degree in a specific profession or discipline.

Section 21. Objectives of Elementary Education - The objectives of


elementary education are:

1. To provide the knowledge and develop the skills, attitudes, and


values essential to personal development and necessary for living in
and contributing to a developing and changing social milieu;

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


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

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


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

4. To promote work experiences which develop the child's orientation


to the world of work and creativity and prepare himself to engage in
honest and gainful work.

Section 22. Objectives of Secondary Education. - The objectives of


secondary education are:

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

2. To discover and enhance the different aptitudes and interests of the


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

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


tertiary education are:

1. To provide a general education program that will promote national


identity, cultural consciousness, moral integrity and spiritual vigor;
2. To train the nation's manpower in the skills required for national
development;

3. To develop the professions that will provide leadership for the


nation; and

4. To advance knowledge through research work and apply new


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

CHAPTER 2
Non-Education and Specialized Educational Services

Section 24. Specialized Educational Service - The State further


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

1. "Work Education," or "Practical Arts," as a program of basic


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

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


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

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


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

The objectives of non-formal education are as follows:


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

b. To provide unemployed and underemployed youth and adults with


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

c. To develop among the clientele of non-formal education proper


values and attitudes necessary for personal, community and national
development.

CHAPTER 3
Establishment of Schools

Section 25. Establishment of Schools - All schools shall be established


in accordance with law. The establishment of new national schools
and the conversion of existing schools from elementary to national
secondary or tertiary schools shall be by law: Provided, That any
private school proposed to be established must incorporate as an non-
stock educational corporation in accordance with the provisions of the
Corporation Code of the Philippines. This requirement to incorporate
may be waived in the case of family-administered pre-school
institutions.

Government assistance to such schools for educational programs shall


be used exclusively for that purpose.

Section 26. Definition of Terms - The terms used in this Chapter are
defined as follows:

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


educational institutions.

2. "Public Schools" are educational institutions established and


administered by the government.

3. "Private Schools" are educational institutions maintained and


administered by private individuals or groups.

Section 27. Recognition of Schools - The educational operations of


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

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

Section 28. Effects of Recognition; Punishable Violations - The


issuance of a certificate of recognition to a school shall have the
following effects:

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


operate;

2. It entitled the school or college to give the students who have


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

3. It shall entitle the students who have graduated from said


recognized course or courses to all the benefits and privileges enjoyed
by graduates in similar courses of studies in all schools recognized by
the government.

Operation of schools and educational programs without authorization,


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

Section 29. Voluntary Accreditation - The Ministry shall encourage


programs of voluntary accreditation for institution which desire to
meet standards of quality over and above minimum required for State
recognition.

CHAPTER 4
Internal Organization of Schools
Section 30. Organization of Schools - Each school shall establish such
internal organization as will best enable it to carry out its academic
and administrative functions, subject to limitations provided by law.

Each school establish such arrangements for the peaceful settlement


of disputes between or among the members of the educational
community.

Section 31. Governing Board - Every government college or


university as a tertiary institution and every private school shall have a
governing board pursuant to its charter or the Corporation Code of the
Philippines, as the case may be.

Section 32. Personnel Transactions - The terms and conditions of


employment of personnel in government schools shall be governed by
the Civil Service, budgetary and compensation laws and rules.

In private schools, dispute arising from employer-employee relations


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

CHAPTER 5
School Finance and Assistance

Section 33. Declaration of Policy - It is hereby declared to be the


policy of the State that the national government shall contribute to the
financial support of educational programs pursuant to goals of
education as declared in the Constitution. Towards this end, the
government shall:
1. Adopt measures to broaden access to education through financial
assistance and other forms of incentives to schools, teachers, pupils
and students; and

2. Encourage and stimulate private support to education through, inter


alia, fiscal and other assistance measures.

A. FUNDING OF REPUBLIC SCHOOLS

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


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

Section 35. Financial Aid Assistance to Public Secondary Schools -


The national government shall extend financial aid and assistance to
public secondary schools established and maintained by local
governments, including barangay high schools.

Section 36. Share of Local Government - Provinces, cities and


municipalities and barangays shall appropriate funds in their annual
budgets for the operation and maintenance of public secondary
schools on the basis of national fund participation.

Section 37. Special Education Fund - The proceeds of the Special


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

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

Section 39. Income from other Sources - Government-supported


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

B. FUNDING OF PRIVATE SCHOOLS

Section 40. Funding of Private Schools - Private schools may be


funded from their capital investment or equity contributions, tuition
fees and other school charges, grants, loans, subsidies, passive
investment income and income from other sources.

Section 41. Government Assistance - The government, in recognition


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

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

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

Furthermore, private schools are authorized to engage in any auxiliary


enterprise to generate income primarily to finance their educational
operations and/or to reduce the need to increase students' fees.

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

C. INCENTIVES TO EDUCATION

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


pursuit of its national education development goals to provide an
incentive program to encourage the participation of the community in
the development of the educational sector.

Section 46. Relating to School Property - Real property, such as lands,


buildings and other improvements thereon used actually, directly and
exclusively for educational purposes shall be subject to the real
property tax based on an assessment of fifteen per cent of the market
value of such property: Provided, That all the proceeds from the
payment thereof shall accrue to a special private education fund which
shall be managed and disbursed by a local private school board which
shall be constituted in each municipality or chartered city with private
educational institutions with the mayor or his representative as
chairman and not more than two representatives of the institutional
taxpayers, and, likewise, not more than two residents of the
municipality or chartered city who are alumni of any of the
institutional taxpayers as members: Provided, further, That fifty
percent of the additional one percent tax on real estate property
provided for under Republic Act 5447, shall accrue to the special
private education fund: Provided, finally, That in municipalities or
chartered cities wherein the number of private institutions with
individual enrollment of pupils and students over five thousand
exceeds fifteen, the members of the private school board shall be
increased to not more than fourteen members determined
proportionately by the Minister of Education, Culture and Sports. The
private school board shall adopt its own rules which shall enable it to
finance the annual programs and projects of each institutional
taxpayer for the following purposes; student-pupil scholarships;
improvement of instructional, including laboratory, facilities and/or
equipment; library books and periodicals acquisition; and extension
service in the community, in that order of priority.
Section 47. Relating to Gifts or Donations to Schools - All gifts or
donation in favor of any school, college or university recognized by
the Government shall not be subject to tax; Provided, That such gifts
or donations shall be for improvement of classrooms and laboratory of
library facilities, and shall not inure to the benefit of any officer,
director, official, or owner or owners of the school, or paid out as
salary, adjustments or allowance of any form or nature whatsoever,
except in support of faculty and/or professorial chairs.

Section 48. Relating to Earnings from Established Scholarship


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

Section 49. School Dispersal Program - All gains realized from the
sale, disposition or transfer of property, real or personal, of any duly
established private school, college or university, in pursuance of a
school dispersal program of the government or of the educational
institution as approved by the government, shall be considered exempt
from tax if the total proceeds of the sale are reinvested in a new or
existing duly established school, college, or university located in the
dispersal site, within one (1) year from the date of such sale, transfer
or disposition; otherwise, all taxes due on the gains realized from the
transaction shall immediately become due and payable.

Section 50. Conversion to Educational Foundations - An educational


institution may convert itself into a non-stock, non-profit educational
foundation, in accordance with the implementing rules to be issued
jointly by the Ministry of Education, Culture and Sports and the
Ministry of Finance.

In the case of stock corporations, if for any reason its corporate


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

D. ASSISTANCE TO STUDENTS

Section 51. Government Assistance to Students - The government


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

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

Section 52. Grant of Scholarship Pursuant to Existing Laws -


Educational institutions shall be encouraged to grant scholarships to
students pursuant to the provisions of existing laws and such
scholarship measures as may hereafter be provided for by law.

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 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:

1. Formulate general education objectives and policies, and adopt


long-range educational plans;

2. Plan, develop and implement programs and projects in education


and culture;
3. Promulgate rules and regulations necessary for the administration,
supervision and regulation of the educational system in accordance
with declared policy;

4. Set up general objectives for the school system;

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

6. Coordinate and work with agencies concerned with the educational


and cultural development of the national cultural communities; and

7. Recommend and study legislation proposed for adoption.

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 programs, the
adequacy or deficiency of the appropriations and status of
expenditures, the impact of education on the different regions, the
growth of enrollment, the adequacy of academic facilities, the
concentration of low income groups, or the supply of teaching and
non-teaching personnel, with such comments and appropriate
recommendations thirty (30) days before the opening of its regular
session.

CHAPTER 2
BOARD OF HIGHER EDUCATION

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


towards the provision of better quality education, the development of
middle and high-level manpower, and the intensification of research
and extension services. The main thrust of higher education is to
achieve equity, efficiency, and high quality in the institutions of higher
learning both public and private, so that together they will provide a
complete set of program offerings that meet both national and regional
development needs.

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 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. Function of the Board of Higher Education. - The Board


shall:

1. Make policy recommendations regarding the planning and


management of the integrated system of higher education and the
continuing evaluation thereof.

2. 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.

3. Assist the Minister of Education, Culture and Sports in making


recommendation relatives 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:

1. Conduct studies and formulate, develop, and evaluate programs and


educational standards for elementary education;
2. Undertake studies necessary for the preparation of prototype
curricular designs, instructional materials, and teacher training
programs for elementary education; and

3. 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:

1. Conduct studies and formulate, develop and evaluate programs and


educational standards for secondary education;

2. Develop curricular designs, prepare instructional materials, and


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

3. Formulate guidelines to improve the secondary school physical


plants and equipment, and general management of these schools.

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


Bureau shall perform the following:

1. Collaborate with other agencies in the formulation of manpower


plans;

2. Conduct studies, formulate, develop and evaluate post-secondary


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

3. 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:

1. Develop, formulate and evaluate programs, projects and


educational standards for a higher education;
2. Provide staff assistance to the Board of Higher Education in its
policy formulation and advisory functions;

3. Provide technical assistance to encourage institutional development


programs and projects;

4. Compile, analyze and evaluate data on higher education; and

5. 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:

1. Serve as a means of meeting the learning needs of those unable to


avail themselves of the educational services and programs of formal
education;

2. Provide opportunities for the acquisition of skills necessary to


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

3. Serve as a means for expanding access to educational opportunities


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

CHAPTER 4
REGIONAL OFFICES

Section 67. Functions - A regional office shall:

1. Formulate the regional plan of education based on the national plan


of the Ministry taking into account the specific needs and special
traditions of the region;

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


regulations of the Ministry or agency in the regional area;

3. Provide economical, efficient and effective education services to


the people in the area.
V. MISCELLANEOUS PROVISIONS

CHAPTER 1
PENAL ADMINISTRATIVE SANCTIONS

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:

1. Mismanagement of school operations;

2. Gross inefficiency of the teaching or non-teaching personnel;

3. Fraud or deceit committed in connection with the application for


Ministry permit or recognition;

4. Failure to comply with conditions or obligations prescribed by this


Code or its implementing rules and regulations; and

5. Unauthorized operation of a school or course, or any component


thereof, or any violation of the requirement governing advertisements
or announcements of educational institutions.
Sanctions against the schools shall be without prejudice to the interest
of the students, teachers and employees.

CHAPTER 2
ADMINISTRATIVE PROVISIONS

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


and Sports charged with the administration and enforcement of this
Act, shall promulgate the necessary implementing rules and
regulations.

Section 71. Separability Provision - Any part or provision of this Act


which may held invalid or unconstitutional shall not affect its
remaining parts of 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.

Posted 18th May 2016 by Unknown

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