The Teaching Profession

Module 6 Other Education and Teacher Related Laws

Introduction

Laws help us grow in our ability to do good to become ethical and moral.
In this module let us learn about a number of education and teacher related
laws to help us in our desire to become truly professional teachers.
COURSE MODULE

Intended Learning Outcomes

ILO1Name important laws related to teaching and learning;

ILO2 Identify United Nations programs and projects affecting education and see
their relevance to the teaching profession;

ILO3 Point out the rights, duties and obligations of the academic community
(learners, teachers, parents, and non-academic staff.

ILO4 Apply basic laws and its implementation in teaching and learning;
incorporate .

Topics The 1987 Constitution (Article XIV); and RA 4670 Magna

Carta for Public School Teachers

The 1987 Constitution; (Article XIV)

ARTICLE XIV
EDUCATION, SCIENCE AND TECHNOLOGY, ARTS,
CULTURE AND SPORTS EDUCATION
Section 1. The State shall protect and promote the right of all citizens to quality
education at all levels, and shall take appropriate steps to make such education
accessible to all.

Section 2. The State shall:

(1) Establish, maintain, and support a complete, adequate, and integrated system
of education relevant to the needs of the people and society;
(2) Establish and maintain, a system of free public education in the elementary and
high school levels. Without limiting the natural rights of parents to rear their children,
elementary education is compulsory for all children of school age;
(3) Establish and maintain a system of scholarship grants, student loan programs,
subsidies, and other incentives which shall be available to deserving students in both
public and private schools, especially to the under-privileged;
(4) Encourage non-formal, informal, and indigenous learning systems, as well as self-
learning, independent, and out-of-school study programs particularly those that
respond to community needs; and
(5) Provide adult citizens, the disabled, and out-of-school youth with training in
civics, vocational efficiency, and other skills.

Section 3.
(1) All educational institutions shall include the study of the Constitution as part of
the curricula.
(2) They shall inculcate patriotism and nationalism, foster love of humanity, respect
for human rights, appreciation of the role of national heroes in the historical
development of the country, teach the rights and duties of citizenship, strengthen
ethical and spiritual values, develop moral character and personal discipline,

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

Section 4.(1) The State recognizes the complementary roles of public and private
institutions in the educational system and shall exercise reasonable supervision and
regulation of all educational institutions.
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Educational institutions, other than those established by religious groups and mission
boards, shall be owned solely by citizens of the Philippines or corporations or
associations at least sixty per centum of the capital of which is owned by such
citizens. The Congress may, however, require increased Filipino equity participation
in all educational institutions.
The control and administration of educational institutions shall be vested in citizens
of the Philippines.

No educational institution shall be established exclusively for aliens and no group of

aliens shall comprise more than one-third of the enrollment in any school. The
provisions of this subsection shall not apply to schools established for foreign
diplomatic personnel and their dependents and, unless otherwise provided by law,
for other foreign temporary residents.

All revenues and assets of non-stock, non-profit educational institutions used

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

Subject to conditions prescribed by law, all grants, endowments, donations, or

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

Section 5.
(1) the State shall take into account regional and sectoral needs and conditions
and shall encourage local planning in the development of educational policies and
programs.
(2) Academic freedom shall be enjoyed in all institutions of higher learning.
(3) Every citizen has a right to select a profession or course of study, subject to fair,
reasonable, and equitable admission and academic requirements.
(4) The State shall enhance the right of teachers to professional advancement. Non-
teaching academic and non-academic personnel shall enjoy the protection of the
State.
(5) The State shall assign the highest budgetary priority to education and ensure that
teaching will attract and retain its rightful share of the best available talents through
adequate remuneration and other means of job satisfaction and fulfillment.

RA 4670 Magna Carta for Public School Teachers

DECLARATION OF POLICY COVERAGE
Sec. 1. Declaration of Policy. It is hereby declared to be the policy of this Act to
promote and improve the social and economic status of public school teachers,
their living and working conditions, their terms of employment and career
prospects in order that they may compare favorably with existing opportunities in
other walks of life, attract and retain in the teaching profession more people with
the proper qualifications, it being recognized that advance in education
depends on the qualifications and ability of the teaching staff and that
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 education is an essential factor in the economic growth of the nation as a
productive investment of vital importance.

Sec. 2. Title Definition. This Act shall be known as the “Magna Carta for Public
School Teachers” and shall apply to all public school teachers except those in
the professorial staff of state colleges and universities.

As used in this Act, the term “teacher” shall mean all persons engaged in
classroom teaching, in any level of instruction, on full-time basis, including
guidance counselors, school librarians, industrial arts or vocational instructors,
and all other persons performing supervisory and/or administrative functions in all
schools, colleges and universities operated by the Government or its political
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subdivisions; but shall not include school nurses, school physicians, school dentists,
and other school employees.

II. RECRUITMENT AND CAREER

Sec. 3. Recruitment and Qualification. Recruitment policy with respect to the
selection and appointment of teachers shall be clearly defined by the
Department of Education: Provided, however, That effective upon the approval
of this Act, the following shall constitute the minimum educational qualifications
for teacher-applicants:

(a) For teachers in the kindergarten and elementary grades, Bachelor’s degree
in Elementary Education (B.S.E.ED.);
(b) For teachers of the secondary schools, Bachelor’s degree in Education or its
equivalent with a major and a minor; or a Bachelor’s degree in Arts or Science
with at least eighteen professional units in Education.
(c) For teachers of secondary vocational and two years technical courses,
Bachelor’s degree in the field of specialization with at least eighteen professional
units in education;
(d) For teachers of courses on the collegiate level, other than vocational,
master’s degree with a specific area of specialization;

Provided, further, That in the absence of applicants who possess the minimum
educational qualifications as herein above provided, the school superintendent
may appoint, under a temporary status, applicants who do not meet the
minimum qualifications: Provided, further, That should teacher-applicants,
whether they possess the minimum educational qualifications or not, be required
to take competitive examinations, preference in making appointments shall be
in the order of their respective ranks in said competitive examinations: And
provided, finally, That the results of the examinations shall be made public and
every applicant shall be furnished with his score and rank in said examinations.

Sec. 4. Probationary Period. When recruitment takes place after adequate

training and professional preparation in any school recognized by the
Government, no probationary period preceding regular appointment shall be
imposed if the teacher possesses the appropriate civil service
eligibility: Provided, however, That where, due to the exigencies of the service, it
is necessary to employ as teacher a person who possesses the minimum
educational qualifications herein above set forth but lacks the appropriate civil
service eligibility, such person shall be appointed on a provisional status and shall
undergo a period of probation for not less than one year from and after the date
of his provisional appointment.

Sec. 5. Tenure of Office. Stability on employment and security of tenure shall be

assured the teachers as provided under existing laws.
Subject to the provisions of Section three hereof, teachers appointed on a
provisional status for lack of necessary civil service eligibility shall be extended
permanent appointment for the position he is holding after having rendered at
least ten years of continuous, efficient and faithful service in such position.
Sec. 6. Consent for Transfer Transportation Expenses. Except for cause and as
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 herein otherwise provided, no teacher shall be transferred without his consent
from one station to another.

Where the exigencies of the service require the transfer of a teacher from one
station to another, such transfer may be effected by the school superintendent
who shall previously notify the teacher concerned of the transfer and the reason
or reasons therefor. If the teacher believes there is no justification for the transfer,
he may appeal his case to the Director of Public Schools or the Director of
Vocational Education, as the case may be. Pending his appeal and the decision
thereon, his transfer shall be held in abeyance: Provided, however, That no
transfers whatever shall be made three months before any local or national
election.
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Necessary transfer expenses of the teacher and his family shall be paid for by the
Government if his transfer is finally approved.
Sec. 7. Code of Professional Conduct for Teachers. Within six months from the
approval of this Act, the Secretary of Education shall formulate and prepare a
Code of Professional Conduct for Public School Teachers. A copy of the Code
shall be furnished each teacher: Provided, however, That where this is not
possible by reason of inadequate fiscal resources of the Department of
Education, at least three copies of the same Code shall be deposited with the
office of the school principal or head teacher where they may be accessible for
use by the teachers.

Sec. 8. Safeguards in Disciplinary Procedure. Every teacher shall enjoy equitable

safeguards at each stage of any disciplinary procedure and shall have:
a. the right to be informed, in writing, of the charges;
b. the right to full access to the evidence in the case;
c. the right to defend himself and to be defended by a representative of his
choice and/or by his organization, adequate time being given to the teacher for
the preparation of his defense; and
d. the right to appeal to clearly designated authorities.
No publicity shall be given to any disciplinary action being taken against a
teacher during the pendency of his case.

Sec. 9. Administrative Charges. Administrative charges against a teacher shall be

heard initially by a committee composed of the corresponding School
Superintendent of the Division or a duly authorized representative who should at
least have the rank of a division supervisor, where the teacher belongs, as
chairman, a representative of the local or, in its absence, any existing provincial
or national teacher’s organization and a supervisor of the Division, the last two to
be designated by the Director of Public Schools. The committee shall submit its
findings and recommendations to the Director of Public Schools within thirty days
from the termination of the hearings: Provided, however, That where the school
superintendent is the complainant or an interested party, all the members of the
committee shall be appointed by the Secretary of Education.

Sec. 10. No Discrimination. There shall be no discrimination whatsoever in

entrance to the teaching profession, or during its exercise, or in the termination of
services, based on other than professional consideration.

Sec. 11. Married Teachers. Whenever possible, the proper authorities shall take all
steps to enable married couples, both of whom are public school teachers, to be
employed in the same locality.

Sec. 12. Academic Freedom. Teachers shall enjoy academic freedom in the
discharge of their professional duties, particularly with regard to teaching and
classroom methods.

III. HOURS OF WORK AND REMUNERATION

Sec. 13. Teaching Hours. Any teacher engaged in actual classroom instruction
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 shall not be required to render more than six hours of actual classroom teaching
a day, which shall be so scheduled as to give him time for the preparation and
correction of exercises and other work incidental to his normal teaching
duties: Provided, however, That where the exigencies of the service so require,
any teacher may be required to render more than six hours but not exceeding
eight hours of actual classroom teaching a day upon payment of additional
compensation at the same rate as his regular remuneration plus at least twenty-
five per cent of his basic pay.

Sec. 14. Additional Compensation. Notwithstanding any provision of existing law

to the contrary, co-curricula and out of school activities and any other activities
outside of what is defined as normal duties of any teacher shall be paid an
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additional compensation of at least twenty-five per cent of his regular

remuneration after the teacher has completed at least six hours of actual
classroom teaching a day.

In the case of other teachers or school officials not engaged in actual classroom
instruction, any work performed in excess of eight hours a day shall be paid an
additional compensation of at least twenty-five per cent of their regular
remuneration.

The agencies utilizing the services of teachers shall pay the additional
compensation required under this section. Education authorities shall refuse to
allow the rendition of services of teachers for other government agencies without
the assurance that the teachers shall be paid the remuneration provided for
under this section.

Sec. 15. Criteria for Salaries. Teacher’s salaries shall correspond to the following
criteria:
(a) they shall compare favorably with those paid in other occupations requiring
equivalent or similar qualifications, training and abilities;
(b) they shall be such as to insure teachers a reasonable standard of life for
themselves and their families; and
(c) they shall be properly graded so as to recognize the fact that certain
positions require higher qualifications and greater responsibility than
others: Provided, however, That the general salary scale shall be such that the
relation between the lowest and highest salaries paid in the profession will be of
reasonable order. Narrowing of the salary scale shall be achieved by raising the
lower end of the salary scales relative to the upper end.

Sec. 16. Salary Scale. Salary scales of teachers shall provide for a gradual
progression from a minimum to a maximum salary by means of regular
increments, granted automatically after three years: Provided, That the
efficiency rating of the teacher concerned is at least satisfactory. The progression
from the minimum to the maximum of the salary scale shall not extend over a
period of ten years.

Sec. 17. Equality in Salary Scales. The salary scales of teachers whose salaries are
appropriated by a city, municipal, municipal district, or provincial government,
shall not be less than those provided for teachers of the National Government.

Sec. 18. Cost of Living Allowance. Teacher’s salaries shall, at the very least, keep
pace with the rise in the cost of living by the payment of a cost-of-living
allowance which shall automatically follow changes in a cost-of-living index. The
Secretary of Education shall, in consultation with the proper government entities,
recommend to Congress, at least annually, the appropriation of the necessary
funds for the cost-of-living allowances of teachers employed by the National
Government. The determination of the cost-of-living allowances by the Secretary
of Education shall, upon approval of the President of the Philippines, be binding
on the city, municipal or provincial government, for the purposes of calculating
the cost-of-living allowances of teachers under its employ.
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 Sec. 19. Special Hardship Allowances. In areas in which teachers are exposed to
hardship such as difficulty in commuting to the place of work or other hazards
peculiar to the place of employment, as determined by the Secretary of
Education, they shall be compensated special hardship allowances equivalent
to at least twenty-five per cent of their monthly salary.

Sec. 20. Salaries to be Paid in Legal Tender. Salaries of teachers shall be paid in
legal tender of the Philippines or its equivalent in checks or treasury
warrants. Provided, however, That such checks or treasury warrants shall be
cashable in any national, provincial, city or municipal treasurer’s office or any
banking institutions operating under the laws of the Republic of the Philippines.
COURSE MODULE

Sec. 21. Deductions Prohibited. No person shall make any deduction whatsoever
from the salaries of teachers except under specific authority of law authorizing
such deductions: Provided, however, That upon written authority executed by
the teacher concerned, (1) lawful dues and fees owing to the Philippine Public
School Teachers Association, and (2) premiums properly due on insurance
policies, shall be considered deductible.

IV. HEALTH MEASURES AND INJURY BENEFITS

Sec. 22. Medical Examination and Treatment. Compulsory medical examination
shall be provided free of charge for all teachers before they take up teaching,
and shall be repeated not less than once a year during the teacher’s
professional life. Where medical examination show that medical treatment
and/or hospitalization is necessary, same shall be provided free by the
government entity paying the salary of the teachers.

In regions where there is scarcity of medical facilities, teachers may obtain

elsewhere the necessary medical care with the right to be reimbursed for their
traveling expenses by the government entity concerned in the first paragraph of
this Section.

Sec. 23. Compensation For Injuries. Teachers shall be protected against the
consequences of employment injuries in accordance with existing laws. The
effects of the physical and nervous strain on the teacher’s health shall be
recognized as a compensable occupational disease in accordance with existing
laws.

V. LEAVE AND RETIREMENT BENEFITS

Sec. 24. Study Leave. In addition to the leave privileges now enjoyed by teachers
in the public schools, they shall be entitled to study leave not exceeding one
school year after seven years of service. Such leave shall be granted in
accordance with a schedule set by the Department of Education. During the
period of such leave, the teachers shall be entitled to at least sixty per cent of
their monthly salary: Provided, however, That no teacher shall be allowed to
accumulate more than one year study leave, unless he needs an additional
semester to finish his thesis for a graduate study in education or allied
courses: Provided, further, That no compensation shall be due the teacher after
the first year of such leave. In all cases, the study leave period shall be counted
for seniority and pension purposes.

The compensation allowed for one year study leave as herein provided shall be
subject to the condition that the teacher takes the regular study load and passes
at least seventy-five per cent of his courses. Study leave of more than one year
may be permitted by the Secretary of Education but without compensation.
Sec. 25. Indefinite Leave. An indefinite sick leave of absence shall be granted to
teachers when the nature of the illness demands a long treatment that will
exceed one year at the least.

Sec. 26. Salary Increase upon Retirement. Public school teachers having fulfilled
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 the age and service requirements of the applicable retirement laws shall be
given one range salary raise upon retirement, which shall be the basis of the
computation of the lump sum of the retirement pay and the monthly benefits
thereafter.

VI. TEACHER’S ORGANIZATION

Sec. 27. Freedom to Organize. Public school teachers shall have the right to
freely and without previous authorization both to establish and to join
organizations of their choosing, whether local or national to further and defend
their interests.

Sec. 28. Discrimination Against Teachers Prohibited. The rights established in the
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immediately preceding Section shall be exercised without any interference or

coercion. It shall be unlawful for any person to commit any acts of discrimination
against teachers which are calculated to (a) make the employment of a
teacher subject to the condition that he shall not join an organization, or shall
relinquish membership in an organization,

(b) to cause the dismissal of or otherwise prejudice a teacher by reason of his

membership in an organization or because of participation in organization
activities outside school hours, or with the consent of the proper school
authorities, within school hours, and (c) to prevent him from carrying out the
duties laid upon him by his position in the organization, or to penalize him for an
action undertaken in that capacity.

Sec. 29. National Teacher’s Organizations. National teachers’ organizations shall

be consulted in the formulation of national educational policies and professional
standards, and in the formulation of national policies governing the social
security of the teachers.

VII. ADMINISTRATION AND ENFORCEMENT

Sec. 30. Rules and Regulations. The Secretary of Education shall formulate and
prepare the necessary rules and regulations to implement the provisions of this
Act. Rules and regulations issued pursuant to this Section shall take effect thirty
days after publication in a newspaper of general circulation and by such other
means as the Secretary of Education deems reasonably sufficient to give
interested parties general notice of such issuance.

Sec. 31. Budgetary Estimates. The Secretary of Education shall submit to Congress
annually the necessary budgetary estimates to implement the provisions of the
Act concerning the benefits herein granted to public school teachers under the
employ of the National Government.

Sec. 32. Penal Provision. A person who shall willfully interfere with, restrain or
coerce any teacher in the exercise of his rights guaranteed by this Act or who
shall in any other manner commit any act to defeat any of the provisions of this
Act shall, upon conviction, be punished by a fine of not less than one hundred
pesos nor more than one thousand pesos, or by imprisonment, in the discretion of
the court.

If the offender is a public official, the court shall order his dismissal from the
Government service.

Sec. 33. Repealing Clause. All Acts or parts of Acts, executive orders and their
implementing rules inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.
Sec. 34. Separability Clause. If any provision of this Act is declared invalid, the
remainder of this Act or any provisions not affected thereby shall remain in force
and in effect.
Sec. 35. This Act shall take effect upon its approval.

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 Approved: June 18, 1966

References

Reference 1 The 1987 Constitution: https://bit.ly/2DT7DGF

Reference 2 RA 4670: https://dtu.org.ph/2019/06/26/magna-carta-for-public-
school-teachers-art-4670/
Reference 3: Batas Pambansa Blg 232:
https://www.chanrobles.com/BATAS%20PAMBANSA%20BLG.%20232.p
df
COURSE MODULE

Topics : a) BATAS PAMBANSA BLG. 232 b) Republic Act No. 9155

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

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:

To achieve and maintain an accelerating rate of economic development and

social progress;

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

To achieve and strengthen national unity and consciousness and preserve,

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

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:

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

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 being; (b) enhance the range and quality of individual and group participation
in the basic functions of society; and (c) acquire the essential educational
foundation of his development into a productive and versatile citizen;

Train the nation’s manpower in the middle-level skills for national development;

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
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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:

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

Promote and safeguard the welfare and 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.

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:

“Parents” or guardians or the head of the institution or foster home which has
custody of the pupil or student.

“Students,” or those enrolled in and who regularly attend 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.

“School personnel,” or all persons working for an educational institution, which

includes the following:

“Teaching or academic staff,” or all persons engaged in actual teaching and/or

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

“School administrators,” or all persons occupying policy implementing positions

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

“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.

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

“Schools,” or institutions recognized by the State which undertake educational

operations.

SECTION 7. Community Participation. — Every educational institution shall

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

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

CHAPTER 2
Rights
SECTION 8. Rights of Parents. — In addition to other rights under existing laws, all
parents who have children enrolled in a school have the following rights:

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

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:

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.

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.

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

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

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

grades, transfer credentials and other similar documents within thirty days from

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 request.

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

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

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

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

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:

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

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

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

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

SECTION 11. Special Rights and/or Privileges of Teaching or Academic Staff —

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

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

The right to intellectual property consistent with applicable laws.

Teachers shall be deemed persons in authority when in the discharge of lawful

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

Teachers shall be accorded the opportunity to choose alternative career lines

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

SECTION 12. Special Rights of School 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

11
 lawful duties and responsibilities, and shall therefore be accorded due respect
and protection.

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

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

The right for institutions of higher learning to determine on academic grounds

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

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:

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

Parents shall be obliged to enable their children to obtain elementary education

and shall strive to enable them to obtain secondary and higher education in the
pursuance of the right formation of the youth.

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

SECTION 15. Duties and Responsibilities of Students. — In addition to those

provided for under existing laws, every student shall:

Exert his utmost to develop his potentialities for service, particularly by

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

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

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

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

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

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:

Perform his duties to the school by discharging his responsibilities in accordance

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

Be accountable for the efficient and effective attainment of specified learning

objectives in pursuance of national development goals within the limits of
available school resources.

Render regular reports on performance of each student and to the latter and
12
 the latter’s parents and guardians with specific suggestions for improvement.

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

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

Participate as an agent of constructive social, economic, moral, intellectual,

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

SECTION 17. School Administrators’ Obligations. — Every school administrator

COURSE MODULE

shall:

Perform his duties to the school by discharging his responsibilities in accordance

with the philosophy, goals and objectives of the school.

Be accountable for the efficient and effective administration and management

of the school.

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.

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

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

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

Observe due process, fairness, promptness, privacy, constructiveness and

consistency in disciplining his teachers and other personnel.

Maintain adequate records and submit required reports to the Ministry of

Education, Culture and Sports.

SECTION 18. Obligations of Academic Non-Teaching Personnel. — Academic

non-teaching personnel shall:

Improve himself professionally be keeping abreast of the latest trends and

techniques in his profession.

Assume, promote and maintain an atmosphere conducive to service and

learning.

Promote and maintain an atmosphere conducive to service and learning.

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:

13
 Elementary Education. — the first stage of compulsory, formal education
primarily concerned with providing basic education and usually corresponding
to six or seven grades, including pre-school programs.

Secondary Education. — the 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.

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

COURSE MODULE

elementary education are:

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

To provide learning experiences which increase the child’s awareness of and

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

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

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

SECTION 22. Objectives of Secondary Education. — The objectives of secondary

education are:

To continue to promote the objectives of elementary education; and

To discover and enhance the different aptitudes and interests of the 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:

“Work Education,” or “Practical Arts,” as a program of basic education which

aims to develop the right attitudes towards work; and “technical-vocational

14
 education,” post-secondary but non-degree programs leading to one, two, or
three year certificates in preparation for a group of middle-level occupations.

“Special Education,” the education of persons who are physically, mentally,

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

“Non-formal Education,” any organized school-based educational activities

undertaken by the Ministry of Education, Culture and Sports and other agencies
aimed at attaining specific learning objectives for a particular clientele,
especially the illiterates and the out-of-school youth and adults, distinct from and
COURSE MODULE

outside the regular offerings of the formal school system.

The objectives of non-formal education are as follows:

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

To provide unemployed and underemployed youth and adults with appropriate

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

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:

“Schools” are duly established institutions of learning or educational institutions.

“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:

15
 It transforms the temporary permit to a permanent authority to operate;

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

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.
COURSE MODULE

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:

Adopt measures to broaden access to education through financial assistance

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

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

FUNDING OF REPUBLIC SCHOOLS

SECTION 34. National Funds. — Public school shall continue to be funded from
16
 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
COURSE MODULE

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.

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

17
 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.
COURSE MODULE

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

18
 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.
COURSE MODULE

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.

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

19
 Ministers.

The organization of the Ministry shall consist of

the Ministry Proper composed of the immediate Office of the Minister, and the
Services of the Ministry,

the Board of Higher Education, which is hereby established,

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,
COURSE MODULE

Regional offices and field offices,

the National Scholarship Center and such other agencies as are now or may be
established pursuant to law, and

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:

Formulate general education objectives and policies, and adopt long-range

educational plans;

Plan, develop and implement programs and projects in education and culture;

Promulgate rules and regulations necessary for the administration, supervision

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

Set up general objectives for the school system;

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

Coordinate and work with agencies concerned with the educational and
cultural development of the national cultural communities; and

Recommend and study legislation proposed for adoption.

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

20
 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
COURSE MODULE

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:

Make policy recommendations regarding the planning and management of the

integrated system of higher education and the continuing evaluation thereof.

Recommend to the Minister of Education, Culture and Sports steps to improve

the governance of the various components of the higher education system at
national and regional levels.

Assist the Minister of Education, Culture and Sports in making 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:
Conduct studies and formulate, develop, and evaluate programs and
educational standards for elementary education;

Undertake studies necessary for the preparation of prototype curricular designs,

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

Formulate guidelines to improve elementary school physical plants and

equipment, and general management of these schools.

SECTION 63. Bureau of Secondary Education. — The Bureau shall perform the
following functions:

Conduct studies and formulate, develop and evaluate programs and

educational standards for secondary education;

Develop curricular designs, prepare instructional materials, and prepare and

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

Formulate guidelines to improve the secondary school physical plants and

equipment, and general management of these schools.

21
 SECTION 64. Bureau of Technical and Vocational Education. — The Bureau shall
perform the following:

Collaborate with other agencies in the formulation of manpower plans;

Conduct studies, formulate, develop and evaluate post-secondary vocational-

technical programs and recommend educational standards for these programs;

Develop curricular designs and prepare instructional materials, prepare and

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

SECTION 65. Bureau of Higher Education. — The Bureau of higher Education shall
perform the following functions:

Develop, formulate and evaluate programs, projects and educational standards

for a higher education;

Provide staff assistance to the Board of Higher Education in its policy formulation
and advisory functions;

Provide technical assistance to encourage institutional development programs

and projects;

Compile, analyze and evaluate data on higher education; and

Perform other functions provided for by law.

SECTION 66. Bureau of Continuing Education. — As the main implementing arm

of the non-formal education programs of the Ministry, the Bureau shall provide
learning programs or activities that shall:

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

themselves of the educational services and programs of formal education;

Provide opportunities for the acquisition of skills necessary to enhance and

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

Serve as a means for expanding access to educational opportunities to citizens

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

CHAPTER 4 REGIONAL OFFICES

SECTION 67. Functions. — A regional office shall:

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

Implement education laws, policies, plans, programs, rules and regulations of the
Ministry or agency in the regional area;

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

22
 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:
COURSE MODULE

Mismanagement of school operations;

Gross inefficiency of the teaching or non-teaching personnel;

Fraud or deceit committed in connection with the application for Ministry permit
or recognition;

Failure to comply with conditions or obligations prescribed by this Code or its

implementing rules and regulations; and

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. (P.B. No. 524)

Republic Act No. 9155

AN ACT INSTITUTING A FRAMEWORK OF GOVERNANCE FOR BASIC EDUCATION,
ESTABLISHING AUTHORITY AND ACCOUNTABILITY, RENAMING THE DEPARTMENT OF
EDUCATION, CULTURE AND SPORTS AS THE DEPARTMENT OF EDUCATION, AND FOR
OTHER PURPOSES

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

Congress assembled:

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

SEC. 2. Declaration of Policy. – It is hereby declared the policy of the State to

protect and promote the right of all citizens to quality basic education and to
make such education accessible to all by providing all Filipino children a free
and compulsory education in the elementary level and free education in the
high school level. Such education shall also include alternative learning systems
23
 for out-of-school youth and adult learners. It shall be the goal of basic education
to provide them with the skills, knowledge and values they need to become
caring, self- reliant, productive and patriotic citizens.

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

Governance of basic education shall begin at the national level. It is at the

regions, divisions, schools and learning centers — herein referred to as the field
offices — where the policy and principle for the governance of basic education
shall be translated into programs, projects and services developed, adapted
COURSE MODULE

and offered to fit local needs.

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

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

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

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

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

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

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

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

(g) To establish schools and learning centers as facilities where schoolchildren

are able to learn a range of core competencies prescribed for elementary and
high school education programs or where the out-of-school youth and adult
learners are provided alternative learning programs and receive accreditation
for at least the equivalent of a high school education.

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

(a) Alternative Learning System – is a parallel learning system to provide a

viable alternative to the existing formal education instruction. It encompasses
both the non-formal and informal sources of knowledge and skills;

(b) Basic Education – is the education intended to meet basic learning needs
which lays the foundation on which subsequent learning can be based. It
24
 encompasses early childhood, elementary and high school education as well as
alternative learning systems for out-of-school youth and adult learners and
includes education for those with special needs;

(c) Cluster of Schools – is a group of schools which are geographically

contiguous and brought together to improve the learning outcomes;

(d) Formal Education – is the systematic and deliberate process of hierarchically

structured and sequential learning corresponding to the general concept of
elementary and secondary level of schooling. At the end of each level, the
learner needs a certification in order to enter or advance to the next level;

(e) Informal Education – is a lifelong process of learning by which every person

COURSE MODULE

acquires and accumulates knowledge, skills, attitudes and insights from daily
experiences at home, at work, at play and from life itself;

(f) Integrated Schools – is a school that offers a complete basic education in

one school site and has unified instructional programs;

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

(h) Learning Center – is a physical space to house learning resources and

facilities of a learning program for out-of-school youth and adults. It is a venue
for face-to-face learning activities and other learning opportunities for
community development and improvement of the people’s quality of life;

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

(j) Non-Formal Education – is any organized, systematic educational activity

carried outside the framework of the formal system to provide selected types of
learning to a segment of the population;

(k) Quality Education – is the appropriateness, relevance and excellence of the

education given to meet the needs and aspirations of an individual and society;

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

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

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

CHAPTER 1
Governance of Basic Education
Sec. 5. Principles of Shared Governance. – (a) Shared governance is a principle
which recognizes that every unit in the education bureaucracy has a particular
role, task and responsibility inherent in the office and for which it is principally
accountable for outcomes;

(b) The process of democratic consultation shall be observed in the decision-

making process at appropriate levels. Feedback mechanisms shall be
established to ensure coordination and open communication of the central
office with the regional, division and school levels;

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

the performance of functions and responsibilities at all levels; and

(d) The communication channels of field offices shall be strengthened to

25
 facilitate flow of information and expand linkages with other government
agencies, local government units and nongovernmental organizations for
effective governance;

Sec. 6. Governance. – The Department of Education, Culture and Sports shall

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

Sec. 7. Powers, Duties and Functions. – The Secretary of the Department of

Education shall exercise overall authority and supervision over the operations of
COURSE MODULE

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

benchmarking for international competitiveness;

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

(5) Undertaking research projects and developing and managing regionwide

projects which may be funded through official development assistance and/or

26
 other funding agencies;

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

(7) Formulating, in coordination with the regional development council, the

budget to support the regional educational plan which shall take into account
the educational plans of the divisions and districts;

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

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

(10) Evaluating all schools division superintendents and assistant division

superintendents in the region;

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

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

region;

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

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

C. Division Level

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

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

(1) Developing and implementing division education development plans;

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

(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
27
 and integrated schools, and learning centers; and

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

D. Schools District Level

Upon the recommendation of the schools division superintendents, the regional

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

The schools district supervisor shall be responsible for:

COURSE MODULE

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

(2) Curricula supervision; and

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

E. School Level

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

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

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

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

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

and learning;

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

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

(5) Offering educational programs, projects and services which provide

equitable opportunities for all learners in the community;

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

learning outcomes;

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

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

(9) Encouraging staff development;

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

28
 (11) Accepting donations, gifts, bequests and grants for the purpose of
upgrading teachers’/learning facilitators’ competencies, improving and
expanding school facilities and providing instructional materials and equipment.
Such donations or grants must be reported to the appropriate district supervisors
and division superintendents; and

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

The Secretary of Education shall create a promotions board, at the appropriate

levels, which shall formulate and implement a system of promotion for schools
division supervisors, schools district supervisors, and school heads. Promotion of
school heads shall be based on educational qualification, merit and
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performance rather than on the number of teachers/learning facilitators and

learners in the school.

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

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

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

CHAPTER 2
Transfer of Cultural Agencies
Sec. 8. Cultural Agencies. – The Komisyon ng Wikang Pilipino, National Historical
Institute, Record Management and Archives Office and the National Library shall
now be administratively attached to the National Commission for Culture and
the Arts (NCCA) and no longer with the Department of Education. The program
for school arts and culture shall remain part of the school curriculum.

CHAPTER 3
Abolition of the Bureau of Physical Education and School Sports
Sec. 9. Abolition of BPESS. – All functions, programs and activities of the
Department of Education related to sports competition shall be transferred to
the Philippine Sports Commission (PSC). The program for school sports and
physical fitness shall remain part of the basic education curriculum.

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

CHAPTER 4
Support and Assistance of Other Government Agencies
Sec. 10. The Secretary of Education and the Secretary of Budget and
Management shall, within ninety (90) days from the approval of this Act, jointly
promulgate the guidelines on the allocation, distribution and utilization of
resources provided by the national government for the field offices, taking into
consideration the uniqueness of the working conditions of the teaching service.

The Secretary of the Department of Education shall ensure that resources

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

Sec. 11. The Secretary of the Department of Education, subject to civil service
29
 laws and regulations, shall issue appropriate personnel policy rules and
regulations that will best meet the requirements of the teaching profession taking
into consideration the uniqueness of the working conditions of the teaching
service.

Sec. 12. The Commission on Audit, in the issuance of audit rules and regulations
that will govern the utilization of all resources as well as the liquidation, recording
and reporting thereof, shall take into account the different characteristics and
distinct features of the department’s field offices, its organizational set-up as well
as the nature of the operations of schools and learning centers.

CHAPTER 5
COURSE MODULE

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

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

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

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

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

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

References

Reference 1 RA 9155: https://www.officialgazette.gov.ph/2001/08/11/republic-

act-no-9155/
Reference 2: https://www.deped.gov.ph/the-secretary/
Reference 3: https://www.deped.gov.ph/wp-content/uploads/2015/10/
DO_s2015_52.pdf

Topics:

 DepEd Vision, Mission, Mandate Core Values and Organizational Structure

 DEPARTMENT OF EDUCATION VISION. MISSION, MANDATE AND CORE VALUES

30
 THE DEPED VISION

We dream of Filipinos
who passionately love their country
and whose values and competencies
enable them to realize their full potential
and contribute meaningfully to building the nation.

As a learner-centered public institution,

the Department of Education
continuously improves itself
to better serve its stakeholders.
COURSE MODULE

THE DEPED MISSION

To protect and promote the right of every Filipino to quality, equitable, culture-
based, and complete basic education where:

Students learn in a child-friendly, gender-sensitive, safe, and motivating

environment.
Teachers facilitate learning and constantly nurture every learner.
Administrators and staff, as stewards of the institution, ensure an enabling and
supportive environment for effective learning to happen.
Family, community, and other stakeholders are actively engaged and share
responsibility for developing life-long learners.

OUR CORE VALUES

Maka-Diyos; Maka-tao; Makakalikasan; Makabansa

OUR MANDATE

The Department of Education was established through the Education Decree of

1863 as the Superior Commission of Primary Instruction under a Chairman. The
Education agency underwent many reorganization efforts in the 20th century in
order to better define its purpose vis a vis the changing administrations and
charters. The present day Department of Education was eventually mandated
through Republic Act 9155, otherwise known as the Governance of Basic
Education act of 2001 which establishes the mandate of this agency.

The Department of Education (DepEd) formulates, implements, and coordinates

policies, plans, programs and projects in the areas of formal and non-formal
basic education. It supervises all elementary and secondary education
institutions, including alternative learning systems, both public and private; and
provides for the establishment and maintenance of a complete, adequate, and
integrated system of basic education relevant to the goals of national
development.

DEPED MANAGEMENT STRUCTURE

To carry out its mandates and objectives, the Department is organized into two
major structural components. The Central Office maintains the overall
administration of basic education at the national level. The Field Offices are
responsible for the regional and local coordination and administration of the
Department’s mandate. RA 9155 provides that the Department should have no
more than four (4) Undersecretaries and four (4) Assistant Secretaries with at least
one Undersecretary and one Assistant Secretary who are career service officers
chosen among the staff of the Department.

In 2015, the Department underwent a restructuring of its office functions and

staffing. The result of which was the Rationalization Plan for the new

31
 organizational structure. Details of the new structure are further explained in DO
Series 2015 No. 52, also known as the New Organizational Structures of the
Central, Regional, and Schools Division Offices of the Department of Education.

At present, the Department operates with four (4) Undersecretaries in

the following areas:

Curriculum and Instruction

Finance and Administration
Governance and Operations
Legal and Legislative Affairs

Four (4) Assistant Secretaries are assigned in the following areas:

COURSE MODULE

Curriculum and Instruction

Finance and Administration
Governance and Operations
Legal and Legislative Affairs

Supporting the Office of the Secretary (OSEC) at the Central Office are the
different strands, services, bureaus, and divisions.

There are five (5) strands under OSEC:

Curriculum and Instruction
Finance and Administration
Governance and Operations
Legal and Legislative Affairs
Strategic Management

Five (5) attached agencies:

Early Childhood Care and Development (ECCD) Council
National Book Development Board (NBDB)
National Council for Children’s Television (NCCT)
National Museum
Philippine High School for the Arts
Three (3) coordinating councils:

Adopt-a-School Program (ASP) Coordinating Council

Literacy Coordinating Council (LCC)
Teacher Education Council (TEC)

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

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

Two hundred twenty-one (221) Provincial and City Schools Divisions, each
headed by a Schools Division Superintendent. Assisting the Schools Division
Offices are 2,602 School Districts, each headed by a District Supervisor.
Under the supervision of the Schools Division Offices are 62,605 schools, broken
down as follows:

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

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

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

Creation of teaching and non-teaching positions;
Funding for newly-legislated high schools;
Regular School Building Program; and
Certain foreign-assisted and locally-funded programs and projects.

32
 Department of Education Secretary

Secretary Leonor Magtolis Briones, Professor Emeritus of the National College of

Public Administration and Governance, University of the Philippines, has spent
most of her life as a teacher. She has taught young children in church schools,
college students in universities, and masteral and doctoral students. Whenever
and wherever she delivers a public lecture, she teaches.

She has been a resource person in numerous

national, regional and international meetings
and fora. She addressed the General
Assembly of the United Nations in 2005. She
COURSE MODULE

combines the roles of distinguished academic

and teacher, public official, and social
activist.

Secretary Briones has been involved in the

administration of academic institutions. She
served as Vice-President for Administration
and Finance of the University of the Philippines
System. Before her appointment as Education
Secretary, she was Chair of the Silliman
University Board of Trustees, and Regent and
Chair Designate of the Universidad de Manila.

She has a wealth of experience in administering public institutions. She was

Secretary to the Commission on Audit, and served as Treasurer of the Philippines.

Furthermore, Secretary Briones is an articulate advocate on economic and social

development issues. She was former President of Freedom from Debt Coalition.
She then became Lead Convenor of Social Watch Philippines, Coordinator of
Social Watch Asia and Social Watch International. Social Watch reports to the
United Nations on social development issues.

Her academic and professional competencies range from business

administration, accounting, public finance (revenues, expenditures, borrowing
and accountability), public policy and administration (including local
government administration, government corporations, and graft and corruption).

She obtained her Bachelor in Business Administration, major in

Accounting, magna cum laude from Silliman University; Master’s in Public
Administration, major in Local Government and Fiscal Administration, Dean’s
List from the University of the Philippines; Post Graduate Diploma in Development
Administration, major in Public Enterprises, With Distinction from Leeds University
England; Certificate in Policy in Public Enterprise from Harvard Institute for
International Development, Harvard University; and, Certificate in Innovations in
Governance from the John F. Kennedy School of Government, Harvard
University, Massachusetts. She was also conferred Doctor of Public
Administration honoris causa by the Central Philippine University in 2014.

Secretary Briones has received numerous awards in recognition of her sterling

performance as a public official such as the Presidential Lingkod ng Bayan
Award in 2000 by the Civil Service Commission on its centennial year, the
Outstanding Professional Award in Public Administration conferred on her by the
University of the Philippines Alumni Association, and the Alumni Achievement
Award for Government Service given to her by the National College of Public
Administration and Governance on its 50th year. She has also been awarded as
one of the Outstanding Sillimanian for Public Administration, Outstanding
Negrense Award for Government Service, The Bayi Citation Award for Exemplary

33
 Women in Politics and Governance in 2011, Distinguished Alumni of the UP
Alumni Association in 2013 and Outstanding Citizen of Quezon City in 2015.

Even more important than her long record of research, teaching and
government service is her total commitment to good governance, particularly in
public finance.

Office of the Secretary Functions

The Office of the Secretary (OSec) provides overall leadership and direction at
the national level. Attached and support agencies to the Department of
Education are included under the OSec.FFICE OF THE DEPARTMENT SECRETARY
COURSE MODULE

The Secretary exercises supervision and control over the entire department and
performs the following functions:

Advises the President on matters related to education.

Establishes the policies and standards for the operation of the Department
pursuant to the approved programs of the government.

Promulgates rules and regulations necessary to carry out the objectives, policies,
functions, plans, programs and projects of the Department.

Promulgates issuances necessary for the efficient administration of the offices

under him and proper implementations of laws relative to education.

Exercises disciplinary powers over officials and employees in accordance with

existing laws.

Formulates and enforces a management control system to measure and

evaluate performance of the Department and submits periodic reports to the
President.

Prepares and submits to the President through the Department of Budget and
Management the budget of the Department.

Appoints all officers and employees of the Department except those whose
appointment is vested in the President.

OFFICE OF THE UNDERSECRETARIES

At the discretion of the Secretary, each undersecretary may be assigned to any

of the following functions:

Advise and assist the Secretary in the formulation and implementation of

Department policies, plans and programs.

Oversee all the operational activities of the Department for which he will be
assigned and held responsible by the Secretary.

Coordinate the programs and projects of the Department.

On the basis of an official designation, discharge temporarily the duties of the

Secretary in case of the latter’s inability to discharge his duties or in case of
vacancy of the said office.

OFFICE OF THE ASSISTANT SECRETARIES

At the discretion of the Secretary, each assistant secretary may be assigned to

any of the following functions:

Advise and assist the Secretary and/or Undersecretary in the formulation and
implementation of Department policies, plans and programs.

34
 Oversee all the operational activities of the Department for which he will be
assigned and held responsible for by the Secretary or Undersecretary.

Coordinate the programs and projects of the Department.

On the basis of an official designation, discharge temporarily the duties of the

Secretary or Undersecretary in case of the latter’s inability to discharge his duties
or in case of vacancy of the said office.

LEGISLATIVE LIAISON OFFICE

Develops and recommends to the Secretary the legislative agenda of the

department.
COURSE MODULE

Drafts legislation (bills, laws, etc.) for basic education.

Prepares comments and position papers on proposed legislation for submission

to the Congress.

Liaises with the committees on basic education in the Senate and House of
Representatives, and the offices of the Senators and Congressmen on their
concerns related to basic education.

Coordinates with the Presidential Legislative Liaison Office (PLLO) in advocating

for the Executive Branch’s Legislative Agenda.

SITES TITLING OFFICE

Develops appropriate strategies to facilitate the titling process of education sites.

Coordinates with the appropriate offices within the Department on the suitability
and mapping of education sites.

Coordinates with the LRA, DENR, DAR, LMB and other appropriate agencies for
the issuance of Presidential proclamations and special patents for untitled sites.

Provides legal assistance to the regions regarding the transfer of ownership of

education sites in the name of the DepEd.

Maintains an education sites database to provide needed information to the

Department and other government agencies.

INTERNAL AUDIT SERVICE

The Internal Audit Service serves as the watchdog of the Department through:
(a) appraising existing procedures and related matters as to efficiency and
adequacy; and, (b) detecting and preventing frauds or dishonesty in verifying
the extent of compliance in a protective nature to the extent possible.

Offices and divisions:

Office of the Director

Management Audit Division
Operations Audit Division​

TEACHER EDUCATION COUNCIL SECRETARIAT

The Teacher Education Council (TEC) Secretariat shall be retained in the

rationalized structure as prescribed by Section 8 of RA 7784. The Secretariat shall
primarily provide technical and administrative assistance to the Council in
preparing policy recommendations, executing its policies and programs, and
coordinating with various teacher education advisory bodies.

35
 Office of the Secretary Organizational Structure
COURSE MODULE

Regional Office

References

Reference 1: https://www.deped.gov.ph/the-secretary/

Reference 2: DepEd Region X Organizational StructureDepEd Order

https://www.deped.gov.ph/wp-content/uploads/2015/10/DO_s2015_52.pdf

36
 Topics
 Excerpts from the EXECUTIVE ORDER NO. 209, s 1987;
 Excerpts from Republic Act No. 7610
 Excerpts from Republic Act No 7877
 Excerpts from Republic Act No. 8980
1. Excerpts from the EXECUTIVE ORDER NO. 209, s 1987

THE FAMILY CODE OF THE PHILIPPINES

TITLE IX
PARENTAL AUTHORITY
CHAPTER 1. GENERAL PROVISIONS
COURSE MODULE

Art. 209. Pursuant to the natural right and duty of parents over the person and
property of their unemancipated children, parental authority and responsibility
shall include the caring for and rearing them for civic consciousness and
efficiency and the development of their moral, mental and physical character
and well-being. (n)

Art. 210. Parental authority and responsibility may not be renounced or

transferred except in the cases authorized by law. (313a)

Art. 211. The father and the mother shall jointly exercise parental authority over
the persons of their common children. In case of disagreement, the father’s
decision shall prevail, unless there is a judicial order to the contrary.

Children shall always observe respect and reverence towards their parents and
are obliged to obey them as long as the children are under parental authority.
(311a)

Art. 212. In case of absence or death of either parent, the parent present shall
continue exercising parental authority. The remarriage of the surviving parent
shall not affect the parental authority over the children, unless the court appoints
another person to be the guardian of the person or property of the children. (n)

Art. 213. In case of separation of the parents, parental authority shall be

exercised by the parent designated by the Court. The Court shall take into
account all relevant considerations, especially the choice of the child over
seven years of age, unless the parent chosen is unfit. (n)

Art. 214. In case of death, absence or unsuitability of the parents, substitute

parental authority shall be exercised by the surviving grandparent. In case
several survive, the one designated by the court, taking into account the same
consideration mentioned in the preceding article, shall exercise the authority.
(355a)

Art. 215. No descendant shall be compelled, in a criminal case, to testify against

his parents and grandparents, except when such testimony is indispensable in a
crime against the descendant or by one parent against the other. (315a)

Chapter 2. Substitute and Special Parental Authority

Art. 216. In default of parents or a judicially appointed guardian, the following

person shall exercise substitute parental authority over the child in the order
indicated:

(1) The surviving grandparent, as provided in Art. 214;

(2) The oldest brother or sister, over twenty-one years of age, unless unfit or
disqualified; and

(3) The child’s actual custodian, over twenty-one years of age, unless unfit or
disqualified.

Whenever the appointment or a judicial guardian over the property of the child

37
 becomes necessary, the same order of preference shall be observed. (349a,
351a, 354a)

Art. 217. In case of foundlings, abandoned neglected or abused children and

other children similarly situated, parental authority shall be entrusted in summary
judicial proceedings to heads of children’s homes, orphanages and similar
institutions duly accredited by the proper government agency. (314a)

Art. 218. The school, its administrators and teachers, or the individual, entity or
institution engaged in child are shall have special parental authority and
responsibility over the minor child while under their supervision, instruction or
custody.
COURSE MODULE

Authority and responsibility shall apply to all authorized activities whether inside
or outside the premises of the school, entity or institution. (349a)

Art. 129. Those given the authority and responsibility under the preceding Article
shall be principally and solidarily liable for damages caused by the acts or
omissions of the unemancipated minor. The parents, judicial guardians or the
persons exercising substitute parental authority over said minor shall be
subsidiarily liable.

The respective liabilities of those referred to in the preceding paragraph shall not
apply if it is proved that they exercised the proper diligence required under the
particular circumstances.

All other cases not covered by this and the preceding articles shall be governed
by the provisions of the Civil Code on quasi-delicts. (n)

Chapter 3. Effect of Parental Authority Upon the Persons of the Children

Art. 220. The parents and those exercising parental authority shall have with the
respect to their unemancipated children on wards the following rights and
duties:

(1) To keep them in their company, to support, educate and instruct them by
right precept and good example, and to provide for their upbringing in keeping
with their means;

(2) To give them love and affection, advice and counsel, companionship and
understanding;

(3) To provide them with moral and spiritual guidance, inculcate in them honesty,
integrity, self-discipline, self-reliance, industry and thrift, stimulate their interest in
civic affairs, and inspire in them compliance with the duties of citizenship;

(4) To furnish them with good and wholesome educational materials, supervise
their activities, recreation and association with others, protect them from bad
company, and prevent them from acquiring habits detrimental to their health,
studies and morals;

(5) To represent them in all matters affecting their interests;

(6) To demand from them respect and obedience;

(7) To impose discipline on them as may be required under the circumstances;

and

(8) To perform such other duties as are imposed by law upon parents and
guardians. (316a)

Art. 221. Parents and other persons exercising parental authority shall be civilly
liable for the injuries and damages caused by the acts or omissions of their
unemancipated children living in their company and under their parental
authority subject to the appropriate defenses provided by law. (2180(2)a and
(4)a )

38
 Art. 222. The courts may appoint a guardian of the child’s property or a guardian
ad litem when the best interests of the child so requires. (317)

Art. 223. The parents or, in their absence or incapacity, the individual, entity or
institution exercising parental authority, may petition the proper court of the
place where the child resides, for an order providing for disciplinary measures
over the child. The child shall be entitled to the assistance of counsel, either of his
choice or appointed by the court, and a summary hearing shall be conducted
wherein the petitioner and the child shall be heard.

However, if in the same proceeding the court finds the petitioner at fault,
irrespective of the merits of the petition, or when the circumstances so warrant,
the court may also order the deprivation or suspension of parental authority or
COURSE MODULE

adopt such other measures as it may deem just and proper. (318a)

Art. 224. The measures referred to in the preceding article may include the
commitment of the child for not more than thirty days in entities or institutions
engaged in child care or in children’s homes duly accredited by the proper
government agency.

The parent exercising parental authority shall not interfere with the care of the
child whenever committed but shall provide for his support. Upon proper petition
or at its own instance, the court may terminate the commitment of the child
whenever just and proper. (391a)

Chapter 4. Effect of Parental Authority Upon the Property of the Children

Art. 225. The father and the mother shall jointly exercise legal guardianship over
the property of the unemancipated common child without the necessity of a
court appointment. In case of disagreement, the father’s decision shall prevail,
unless there is a judicial order to the contrary.

Where the market value of the property or the annual income of the child
exceeds P50,000, the parent concerned shall be required to furnish a bond in
such amount as the court may determine, but not less than ten per
centum (10%) of the value of the property or annual income, to guarantee the
performance of the obligations prescribed for general guardians.

A verified petition for approval of the bond shall be filed in the proper court of
the place where the child resides, or, if the child resides in a foreign country, in
the proper court of the place where the property or any part thereof is situated.

The petition shall be docketed as a summary special proceeding in which all

incidents and issues regarding the performance of the obligations referred to in
the second paragraph of this Article shall be heard and resolved.

The ordinary rules on guardianship shall be merely suppletory except when the
child is under substitute parental authority, or the guardian is a stranger, or a
parent has remarried, in which case the ordinary rules on guardianship shall
apply. (320a)

Art. 226. The property of the unemancipated child earned or acquired with his
work or industry or by onerous or gratuitous title shall belong to the child in
ownership and shall be devoted exclusively to the latter’s support and
education, unless the title or transfer provides otherwise.

The right of the parents over the fruits and income of the child’s property shall be
limited primarily to the child’s support and secondarily to the collective daily
needs of the family. (321a, 323a)

Art. 227. If the parents entrust the management or administration of any of their
properties to an unemancipated child, the net proceeds of such property shall
belong to the owner. The child shall be given a reasonable monthly allowance in
an amount not less than that which the owner would have paid if the
administrator were a stranger, unless the owner, grants the entire proceeds to the

39
 child. In any case, the proceeds thus give in whole or in part shall not be
charged to the child’s legitime. (322a)

Chapter 5. Suspension or Termination of Parental Authority

Art. 228. Parental authority terminates permanently:

(1) Upon the death of the parents;

(2) Upon the death of the child; or

(3) Upon emancipation of the child. (327a)

Art. 229. Unless subsequently revived by a final judgment, parental authority also
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terminates:

(1) Upon adoption of the child;

(2) Upon appointment of a general guardian;

(3) Upon judicial declaration of abandonment of the child in a case filed for the
purpose;

(4) Upon final judgment of a competent court divesting the party concerned of
parental authority; or

(5) Upon judicial declaration of absence or incapacity of the person exercising

parental authority. (327a)

Art. 230. Parental authority is suspended upon conviction of the parent or the
person exercising the same of a crime which carries with it the penalty of civil
interdiction. The authority is automatically reinstated upon service of the penalty
or upon pardon or amnesty of the offender. (330a)

Art. 231. The court in an action filed for the purpose in a related case may also
suspend parental authority if the parent or the person exercising the same:

(1) Treats the child with excessive harshness or cruelty;

(2) Gives the child corrupting orders, counsel or example;

(3) Compels the child to beg; or

(4) Subjects the child or allows him to be subjected to acts of lasciviousness.

The grounds enumerated above are deemed to include cases which have
resulted from culpable negligence of the parent or the person exercising
parental authority.

If the degree of seriousness so warrants, or the welfare of the child so demands,

the court shall deprive the guilty party of parental authority or adopt such other
measures as may be proper under the circumstances.

The suspension or deprivation may be revoked and the parental authority

revived in a case filed for the purpose or in the same proceeding if the court
finds that the cause therefor has ceased and will not be repeated. (33a)

Art. 232. If the person exercising parental authority has subjected the child or
allowed him to be subjected to sexual abuse, such person shall be permanently
deprived by the court of such authority. (n)

Art. 233. The person exercising substitute parental authority shall have the same
authority over the person of the child as the parents.

In no case shall the school administrator, teacher of individual engaged in child

care exercising special parental authority inflict corporal punishment upon the
child. (n)

40
 2. Excerpts from Republic Act No. 7610

Republic Act No. 7610

June 17, 1992

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION

AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION,
AND FOR OTHER PURPOSES

ARTICLE VI
Other Acts of Abuse
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other
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Conditions Prejudicial to the Child’s Development.

(a) Any person who shall commit any other acts of child abuse, cruelty or
exploitation or to be responsible for other conditions prejudicial to the child’s
development including those covered by Article 59 of Presidential Decree No.
603, as amended, but not covered by the Revised Penal Code, as amended,
shall suffer the penalty of prision mayor in its minimum period.

(b) Any person who shall keep or have in his company a minor, twelve (12) years
or under or who in ten (10) years or more his junior in any public or private place,
hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage
parlor, beach and/or other tourist resort or similar places shall suffer the penalty
of prision mayor in its maximum period and a fine of not less than Fifty thousand
pesos (P50,000): Provided, That this provision shall not apply to any person who is
related within the fourth degree of consanguinity or affinity or any bond
recognized by law, local custom and tradition or acts in the performance of a
social, moral or legal duty.

(c) Any person who shall induce, deliver or offer a minor to any one prohibited by
this Act to keep or have in his company a minor as provided in the preceding
paragraph shall suffer the penalty of prision mayor in its medium period and a
fine of not less than Forty thousand pesos (P40,000); Provided, however, That
should the perpetrator be an ascendant, stepparent or guardian of the minor,
the penalty to be imposed shall be prision mayor in its maximum period, a fine of
not less than Fifty thousand pesos (P50,000), and the loss of parental authority
over the minor.

(d) Any person, owner, manager or one entrusted with the operation of any
public or private place of accommodation, whether for occupancy, food, drink
or otherwise, including residential places, who allows any person to take along
with him to such place or places any minor herein described shall be imposed a
penalty of prision mayor in its medium period and a fine of not less than Fifty
thousand pesos (P50,000), and the loss of the license to operate such a place or
establishment.

(e) Any person who shall use, coerce, force or intimidate a street child or any
other child to;

(1) Beg or use begging as a means of living;

(2) Act as conduit or middlemen in drug trafficking or pushing; or

(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in
its medium period to reclusion perpetua.

For purposes of this Act, the penalty for the commission of acts punishable under
Articles 248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as
amended, the Revised Penal Code, for the crimes of murder, homicide, other
intentional mutilation, and serious physical injuries, respectively, shall be reclusion
perpetua when the victim is under twelve (12) years of age. The penalty for the
commission of acts punishable under Article 337, 339, 340 and 341 of Act No.

41
 3815, as amended, the Revised Penal Code, for the crimes of qualified
seduction, acts of lasciviousness with the consent of the offended party,
corruption of minors, and white slave trade, respectively, shall be one (1) degree
higher than that imposed by law when the victim is under twelve (12) years age.

The victim of the acts committed under this section shall be entrusted to the care
of the Department of Social Welfare and Development.

3. Excerpts from Republic Act No 7877

AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT,

EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES

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

COURSE MODULE

Congress assembled:

SECTION 1. Title. – This Act shall be known as the “Anti-Sexual Harassment Act of
1995.”

SEC. 2. Declaration of Policy. – The State shall value the dignity of every
individual, enhance the development of its human resources guarantee fell
respect for human rights, and uphold the dignity of work rs, employees,
applicants for employment, students or those undergoing training, instruction or
education. Towards this end, all forms of sexual harassment in the employment,
education or training environment are hereby declared unlawful.

SEC. 3. Work, Education or Training-related Sexual Harassment Defined. – Work,

education or training-related sexual harassment is committed by an employer,
employee, manager, supervisor, agent of the employer, teacher, instructor,
professor, coach, trainor, or any other person who, having authority, influence or
moral ascendancy over another in a work or training or education environment,
demands, requests or otherwise requires any sexual favor from the other,
regardless of whether the demand, request or requirement for submission is
accepted by the object of said Act.

(a) In a work-related or employment environment, sexual

harassment is committed when:

(1) The sexual favor is made as a condition in the hiring or in the employment, re-
employment or continued employment of said individual, or in granting said
individual favorable compensation, terms, conditions, promotions, or privileges;
or the refusal to grant the sexual favor results in limiting, segregating or classifying
the employee which in any way would discriminate, deprive or diminish
employment opportunities or otherwise adversely affect said employee;

(2) The above acts would impair the employee’s rights or privileges under existing
labor laws; or

(3) The above acts would result in an intimidating, hostile, or offensive

environment for the employee.

(b) In an education or training environment, sexual harassment is committed:

(1) Against one who is under the care, custody or supervision of the offender;

(2) Against one whose education, training, apprenticeship or tutorship is

entrusted to the offender;

(3) When the sexual favor is made a condition to the giving of a passing grade,
or the granting of honors and scholarships, or the payment of a stipend,
allowance or other benefits, privileges, or considerations; or

(4) When the sexual advances result in an intimidating, hostile or offensive

environment for the student, trainee or apprentice.

Any person who directs or induces another to commit any act of sexual

42
 harassment as herein defined, or who cooperates in the commission thereof by
another without which it would not have been committed, shall also be held
liable under this Act.

SEC. 4. Duty of the Employer or Head of Office in a Work-related, Education or

Training Environment. – It shall be the duty of the employer or the head of the
work-related, educational or training environment or institution, to prevent or
deter the commission of acts of sexual harassment and to provide the
procedures for the resolution, settlement or prosecution of acts of sexual
harassment. Towards this end, the employer or head of office shall:

(a) Promulgate appropriate rules and regulations in consultation with and jointly
approved by the employees or students or trainees, through their duly
COURSE MODULE

designated representatives, prescribing the procedure for the investigation of

sexual harassment cases and the administrative sanctions therefor.

Administrative sanctions shall not be a bar to prosecution in the proper courts for
unlawful acts of sexual harassment.

The said rules and regulations issued pursuant to this subsection (a) shall include,
among others, guidelines on proper decorum in the workplace and educational
or training institutions.

(b) Create a committee on decorum and investigation of cases on sexual

harassment. The committee shall conduct meetings, as the case may be, with
officers and employees, teachers, instructors, professors, coaches, trainors and
students or trainees to increase understanding and prevent incidents of sexual
harassment. It shall also conduct the investigation of alleged cases constituting
sexual harassment.

In the case of a work-related environment, the committee shall be composed of

at least one (1) representative each from the management, the union, if any, the
employees from the supervisory rank, and from the rank and file employees.

In the case of the educational or training institution, the committee shall be

composed of at least one (1) representative from the administration, the trainors,
teachers, instructors, professors or coaches and students or trainees, as the case
may be.

The employer or head of office, educational or training institution shall

disseminate or post . copy of this Act for the information of all concerned.

SEC. 5. Liability of the Employer, Head of Office, Educational or Training

Institution. – The employer or head of office, educational or training institution
shall be solidarily liable for damages arising from the acts of sexual harassment
committed in the employment, education or training environment if the
employer or head of office, educational or training institution is informed of such
acts by the offended party and no immediate action is taken thereon.

SEC. 6. Independent Action for Damages. – Nothing in this Act shall preclude the
victim of work, education or training-related sexual harassment from instituting a
separate and independent action for damages and other affirmative relief.

SEC 7. Penalties. – Any person who violates the provisions of this Act shall, upon
conviction, be penalized by imprisonment of not less than one (1) month nor
more than six (6) months, or a fine of not less than Ten thousand pesos (P 10,000)
nor more than Twenty thousand pesos (P 20,000), or both such fine and
imprisonment at the discretion of the court.

Any action arising from the violation of the provisions of this Act shall prescribe in
three (3) years.

SEC. 8. Separability Clause. – If any portion or provision of this Act is declared void
or unconstitutional, the remaining portions or provisions hereof shall not be

43
 affected by such declaration.

SEC. 9. Repealing Clause. – All laws, decrees, orders, rules and regulations, other
issuances, or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SEC. 10. Effectivity Clause. – This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) national newspapers of general
circulation.

Approved,

4. Excepts from Republic Act 8980 (December 05, 2000)

COURSE MODULE

Republic Act 8980

AN ACT PROMULGATING A COMPREHENSIVE POLICY AND A NATIONAL SYSTEM

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

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

Congress assembled:

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

Section 2. Declaration of Policy. - It is hereby declared the policy of the State to

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

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

(a) To achieve improved infant and child survival rates by ensuring that
adequates health and nutrition programs are accessible to young children and
their mothers from the pre-natal period throughout the early childhood years;

(b) To enhance the physical, social, emotional, cognitive, psychological, spiritual

and language development of young children;

(c) To enhance the role of parents and other caregivers as the primary
caregivers and educators of their children from birth onwards;

(d) To facilitate a smooth transition from care and education provided at home
to community or school-based setting and to primary school;

(e) To enhance the capabilities of service providers and their supervisors to

comply with quality standards for various ECCD programs;

(f) To enhance and sustain the efforts of communities to promote ECCD

programs and ensure that special support is provided for poor and
disadvantaged communities;

(g) To ensure that young children are adequately prepared for the formal

44
 learning system and that both public and private schools are responsive to the
developmental needs of these children;

(h) To establish an efficient system for early identification, prevention, referral and
intervention for developmental disorders and disabilities in early childhood; and

(i) To improve the quality standards of public and private ECCD programs
through, but not limited to, a registration and credential system for ECCD service
providers.

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

(a) Early Childhood Care and Development (ECCD) System refers to the full
range of health, nutrition, early education and social services programs that
COURSE MODULE

provide for the basic holistic needs of young children from birth to age six (6), to
promote their optimum growth and development. These programs include:

(1) Center-based programs, such as the day care service established under
Republic Act No. 6972, public and private pre-schools, kindergarten or school-
based programs, community or church-based early childhood education
programs initiated by non-government organizations or people's organizations,
workplace-related child ca-re and education programs, child-minding centers,
health centers and stations; and

(2) Home-based programs, such as the neighborhood-based play groups, family

day care programs, parent education and home visiting programs.

(b) ECCD Service Providers include the various professionals, paraprofessionals,

and volunteer caregivers who are directly responsible for the care and
education of young children through the various center and home-based
programs. They include, but are not limited to, day care workers, teachers,
teacher-aides, rural health midwives, social workers, community health workers,
barangay nutrition scholars, parent effectiveness service volunteers, child
development workers, and family day care providers.

(c) ECCD Curriculum refers to the age-appropriate and developmentally

appropriate educational objectives, program of activities, organized learning
experiences and recommended learning materials for children that are
implemented by service providers through center and home-based programs. It
shall consist of national program goals and guidelines, instructional objectives,
and content outlines integrating local learning experiences and indigenous
learning materials.

(d) Parent Education refers to the various formal and alternative means of
providing parents with information, skills, and support systems to assist them in
their roles as their children's primary caregivers and educators. These include
public and private parent education programs linked to center, home and
media-based child care and education programs.

Section 5. System Framework and Components. - The ECCD System shall include
the following components:

(a) ECCD Curriculum - which focuses on children's total development according

to their individual needs and socio-cultural background. It shall promote the
delivery of complementary and integrative services for health care, nutrition,
early childhood education, sanitation, and cultural activities. It shall use the
child's first language as the medium of instruction.

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

Communities - which harness and develop parents' strengths as providers of
ECCD at home, active partners or other stakeholders, advocates for community
concerns that affect children, and pillars of support for local and national ECCD
programs through community organization efforts.

(c) Human Resource Development Program - which establishes mechanisms for

45
 the systematic professionalization of ECCD service providers, through enrolment
in educational programs in site-based or distance educational modes, through
pre-service or in-service training including continuing education programs,
whereby a registration and credential system shall be developed in the ECCD
System.

(d) ECCD Management - which focuses on a continuing process of planning,

implementation, supervision, financial management, monitoring, evaluation and
reporting. It shall encourage the active involvement and build the capabilities of
service providers, parents, and local government officials to sustain the program,
and it shall be guided by the principles of decentralization as stipulated in the
Local Government Code of 1991.
COURSE MODULE

(e) Quality Standards and Accreditation - which ensures that each component
in the ECCD System complies with national quality standards, to be established
by the National ECCD Coordinating Council as provided for under Section 8 of
this Act, linked to an accreditation process.

Section 6. Establishment of ECCD System. - The National ECCD System shall be

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

4. Excerpts form the REPUBLIC ACT NO. 10157

AN ACT INSTITUTIONALIZING THE KINDERGARTEN EDUCATION INTO THE BASIC

EDUCATION SYSTEM AND APPROPRIATING FUNDS THEREFOR

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 “Kindergarten Education
Act”.

SEC. 2. Declaration of Policy. – In consonance with the Millennium Development

Goals on achieving Education for All (EFA) by the year 2015, it is hereby declared
the policy of the State to provide equal opportunities for all children to avail of
accessible mandatory and compulsory kindergarten education that effectively
promotes physical, social, intellectual, emotional and skills stimulation and values
formation to sufficiently prepare them for formal elementary schooling. This Act
shall apply to elementary school system being the first stage of compulsory and
mandatory formal education. Thus, kindergarten will now be an integral part of
the basic education system of the country.

Kindergarten education is vital to the academic and technical development of

the Filipino child for it is the period when the young mind’s absorptive capacity
for learning is at its sharpest. It is also the policy of the State to make education
learner-oriented and responsive to the needs, cognitive and cultural capacity,
the circumstances and diversity of learners, schools and communities through
the appropriate languages of teaching and learning.

SEC. 3. Definition of Terms. – The terms used in this Act are defined as follows:

(a) DepEd shall refer to the Department of Education;

(b) BEE shall refer to the Bureau of Elementary Education;

(c) Kindergarten education shall be understood in this Act to mean one (1)
year of preparatory education for children at least five (5) years old as a
prerequisite for Grade I; and

(d) Mother tongue refers to the language first learned by a child.

SEC. 4. Institutionalization of Kindergarten Education. – Kindergarten education is

hereby institutionalized as part of basic education and for school year 2011-2012
shall be implemented partially, and thereafter, it shall be made mandatory and
46
 compulsory for entrance to Grade 1.

SEC. 5. Medium of Instruction. – The State shall hereby adopt the mother tongue-
based multilingual education (MTB-MLE) method. The mother tongue of the
learner shall be the primary medium of instruction for teaching and learning in
the kindergarten level. However, exceptions shall be made to the following
cases:

(a) When the pupils in the kindergarten classroom have different mother tongues
or when some of them speak another mother tongue;

(b) When the teacher does not speak the mother tongue of the learners;

(c) When resources, in line with the use of the mother tongue, are not yet
COURSE MODULE

available; and

(d) When teachers are not yet trained how to use the MTB-MLE program.

In such exceptional cases, the primary medium of instruction shall be determined

by the DepEd aligned with the framework being used in the elementary level
including teacher training and production of local resources and materials under
DepEd Order No. 74, series of 2009.

The DepEd, in coordination with the Commission on Filipino Language and in

close collaboration with academic and research institutions concerned with
education, shall formulate a mother tongue-based multilingual framework for
teaching and learning: Provided, That the DepEd will include teaching strategies
as defined in Section 7(c) which aims to introduce and eventually strengthen the
child’s understanding of English, which is the official language.

SEC. 6. Implementing Agency. – The authority to regulate the organization,

operation and/or implementation of the kindergarten education program of
both public and private schools shall be vested upon the DepEd, through the
creation of a new Division under the BEE and other necessary support to achieve
successful implementation of kindergarten education to include, but not limited
to, increasing the number of kindergarten teacher positions with the required
salaries and benefits, enhancing teacher training in early education, and
providing the necessary allocations for classrooms and chairs, facilities and
equipment, and textbooks.

SEC. 7. Duties, Powers and Functions. – The DepEd, through the BEE, shall exercise
the following powers and functions:

(a) Oversee and supervise the organization, operation and implementation of

the kindergarten education program;

(b) Develop the curriculum for kindergarten education consistent with the
universally accepted norms and standards, including values formation all of
which shall be developmentally appropriate, and use of the MTB-MLE as a
medium of instruction and to periodically review such for purposes of upgrading;

(c) Develop teaching strategies using the unique feature of the MTB-MLE which
shall include, but not limited to, the following:

(1) The two-track method (storytelling and reading, listening story, oral
communication activities);

(2) Interactive strategies;

(3) Use of manipulative games; and

(4) Experiential, small group discussions and total physical response (TPR) among
others.

The learning development materials shall consist of the following at the minimum:

47
 (i) Listening story;

(ii) Small books;

(iii) Big books;

(iv) Experience story;

(v) Primer lessons; and

(vi) Lessons exemplars;

(a) Conceive, develop and extend a continuing professional development

program for kindergarten teachers to ensure constant updating of their
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knowledge in current trends, pedagogy, methodologies and concepts on early

childhood education;

(b) Prescribe the necessary qualifications for the hiring and accreditation of
teachers who will handle the kindergarten education program;

(c) Exercise authority over the operation of private kindergarten institutions;

(d) Supervise the establishment of various venues for early childhood education
which may be institution-based, home-based, hospital-based or community-
based, and which shall be duly accredited by the DepEd; and

(e) Introduce innovative programs in kindergarten that shall include educational

technologies, whenever applicable.

SEC. 8. Appropriations. – The DepEd shall immediately include in the program of

the Department the operationalization of the free, mandatory and compulsory
public kindergarten education, the initial funding of which shall be charged
against the current appropriations for kindergarten education of the DepEd.
Thereafter, such sums which shall be necessary for the continued implementation
of the free public kindergarten education program shall be charged to the
General Fund and included in the annual General Appropriations Act.

SEC. 9. Implementing Rules and Regulations. – Within ninety (90) days after the
effectivity of this Act, the DepEd, in consultation with the Department of Budget
and Management, shall promulgate the rules and regulations needed for the
implementation of this Act.

SEC. 10. Separability Clause. – If any provision of this Act is held invalid or
unconstitutional, the same shall not affect the validity and effectivity of the other
provisions hereof.

SEC. 11. Repealing Clause. – Pertinent provisions of all other laws, decrees,
executive orders and rules and regulations contrary to or inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

SEC. 12. 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,

TRY THIS!
Survey, Question, Read, Recite, Review. While this is a teaching/reading
strategy, the last part of it could constitute a summary at the end of the
reading/lesson. See: http://www.studygs.net/texred2.htm

The Four Pillars of Learning is proposed as a framework to understand what

students need to acquire and develop in themselves. Knowing these pillars and
48
 applying them to your own learning can help you develop the KSAVs required to
fulfill your tasks and roles as a provider of quality and relevant education to your
students.

An Overview of the Four Pillars of Learning

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Source: Graphics adapted from “Four Pillars of an Effective Sales Service (2011)."

The following are brief descriptions of the four pillars of learning.

Learning to Know

Learning to Know involves the acquisition and development of knowledge and

skills that are needed to function in the world. Examples of skills under this pillar of
learning include literacy, numeracy, and critical thinking.

Learning to Live Together

Learning to Live Together involves the development of social skills and values
such as respect and concern for others, social and inter-personal skills and an
appreciation of the diversity among people. These skills would enable individuals
and societies to live in peace and harmony.

Learning to Do

Learning to Do involves the acquisition of skills that would enable individuals to

effectively participate in the global economy and society. These skills are often
linked to occupational success, such as vocational and technical skills,
apprenticeships, and leadership and management competencies.

Learning to Be

Learning to Be involves activities that promote holistic personal development

(body, mind and spirit), for an all-round ‘complete person.’ These include
cultivating one’s self analytical and socials skills, creativity, personal discovery
and an appreciation of the inherent value provided by these pursuits. An
example under this pillar is a teacher who participates in training workshops that
will enhance his/her knowledge and skills in the teaching learning process.

Did you notice the arrow that spans across the four pillars of learning? What do
you think does this arrow represent? If you mentioned “lifelong learning,” you are
correct! The framework takes into account that learning in the 21st century is a
continuous building of skills and knowledge throughout the life of an individual. It
occurs through experiences encountered in the course of a lifetime.

What do the four pillars of learning mean to you?

What do the four pillars of learning mean for an individual? Zhou ( 2006) provided
an answer to this question when he revisited the four pillars of learning, stressing
the development of all-rounded human beings through the acquisition of

49
 fundamental skills, competencies, adaptabilities, and values needed for a new
century.

The following table provides Zhou’s descriptions for each of the four pillars. The list
shows some of the competencies and skills associated with the four pillars. In the
last column, place a check mark (√) against the elements that you think you are
already good at. Put a cross mark (X) if the elements do not apply to you. This is
not a test, so try to be as honest as you can in completing this checklist.

Four Pillars of Learning

I think I am
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Pillars Involves... good at this

√ X

mastering the skills and strategies of knowing and

understanding

learning to learn and discover

understanding about one’s environment

Learning
thinking in a coherent and critical way
to Know
acquiring a knowledge of the scientific method and
instruments

developing a scientific spirit and an inquiring mind

acquiring independence of judgement

knowing oneself

discovering others

appreciating the diversity of the human race

Learning being receptive to others and open to others’ ideas

to live during dialogues and debates
together
caring and sharing

working toward common objectives in cooperative

undertakings

managing and resolving conflicts

shifting from skill and ‘practical knowhow’ to

competence

applying in practice what has been learned

developing the ability to transform knowledge into

innovations and job-creation

developing competence, a mix of higher skills, of

Learning
social behaviour, of an aptitude for team work, and
to do
initiative/readiness to take risks

acquiring new types of skills, more behavioral than

intellectual

learning that is no longer limited to work but responds

to participation in development

communicating, working with others, and managing

50
 and resolving conflicts

developing the mind and body, intelligence,

sensitivity, aesthetic sense, personal responsibility, and
spiritual values

Learning nurturing imagination and creativity

to be being complete in oneself, in all the richness of one’s
personality

developing one’s full potentials and tapping the

hidden treasure within oneself
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How did you fare in the activity?

How is your profile as a teacher in relation to the four pillars of learning?

If you have many check marks in the table, it means that you are as much an
all-around learner as you are a teacher fit for the 21st century. You have done
well.

If you only have a few check marks in the table, do not feel bad; this module will
help you develop the competencies under each pillar. Once you have
developed these in yourself, you can help equip your students so that they will
also be prepared for the 21st century and beyond.

You will start by learning more about the first pillar, Learning to Know, in the light
of literacies expected or are required to be developed in you and among your
students in the 21st century.

TRY THIS!
Survey, Question, Read, Recite, Review. While this is a teaching/reading
strategy, the last part of it could constitute a summary at the end of the
reading/lesson. See: http://www.studygs.net/texred2.htm

References

Reference 1 Excerpts on the Family Code of the Philippines:

https://www.officialgazette.gov.ph/1987/07/06/executive-order-no-209-
s-1987/
Reference 2 Excerpts from RA 7610; (Article VI Other Acts of Abuse)
https://www.officialgazette.gov.ph/1992/06/17/republic-act-no-7610/
Reference 3 RA 8777 (Anti-Sexual Harassment Act of 1995):
https://www.officialgazette.gov.ph/1995/02/14/republic-act-no-7877/;
9. RA 8980:
Reference 4 Early Childhood Care:
https://library.pcw.gov.ph/sites/default/files/republic-act-8980.pdf
Reference 5 RA 8777 (Anti-Sexual Harassment Act of 1995): https://www.official
gazette.gov.ph/1995/02/14/republic-act-no-7877/;
Reference 6 RA 8980: Early Childhood Care:
https://library.pcw.gov.ph/sites/default/files/republic-act-8980.pdf
Reference 7 RA 10157 : https://www.officialgazette.gov.ph/2012/01/20/republic-
act-no-10157/
Reference 8 Education 2030: Incheon Declaration and Framework for Action for
the implementation of Sustainable Development Goal 4:

51
 https://unesdoc .unesco.org/ark:/48223/pf0000245656
Reference 9 4 Pillars of Learning: http://iflex.innotech.org/GURO21/module1/l1
_20.html
Reference 10 First Call for Children :
https://www.unicef.org/french/about/history/files/WSC_declaration_first
_call_for_children.pdf
COURSE MODULE

52
 The Teaching Profession

Module on the Historical Perspective of the

Philippine Educational System

Introduction

Soon you will be part of the Philippine Educational System. As such, let us explore
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its historical development to better appreciate the efforts for reforms and help
improve the present system.

Intended Learning Outcomes

ILO 1 Trace the historical development of teaching as a profession in the

Philippines

ILO 2 Create a timeline historical development of teaching as a profession in the

Philippines

Topic 1

Historical Development of Teaching as a Profession in the Philippines

How much do you know about the history of teaching in the country?

Write TRUE if the statement is correct and FALSE if it is wrong.

_______1. As early as the Spanish-period, the teaching was considered
a profession.
_______2. It was the Americans who elevated teaching in the
Philippines as a profession.
_______3. Teaching was elevated to a profession only in 1994 with the
passage of RA 7836.
_______4. There is no other legal document that professionalized
teaching other than the Teachers’ Professionalization ACT of 1994.

Share your answers with your elbow partner. Then the two of you pair
with another pair and discuss your answers. Arrive at a consensus if you
can.

53
 TRY THIS: Using a technology tool to create a timeline
Using the suggested links below, create a timeline highlighting the major
events in the historical development of teacher preparation and
professionalization in the Philippines from pre-Hispanic Philippines to 1996.
https://www.deped.gov.ph/about-deped/history/
https://files.eric.ed.gov/fulltext/EJ1057820.pdf
http://www.theijbmt.com/archive/0920/238971531.pdf
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References
References
https://docs.google.com/document/d/15bfozoVrZAqRBEwVs9KvkZJAbrN7W1wM
0yNKjEJvWuU/edit

https://www.deped.gov.ph/about-deped/history/;

https://files.eric.ed.gov/fulltext/EJ1057820.pdf;

http://www.theijbmt.com/archive/0920/238971531.pdf

54