Education Act of 1982

 
       - The education of 1982 created the Ministry of education, culture
and sports which later became the Department of Education, culture and
sports in 1987 by virtue of Executive Order No. 117.
 
       - The education Act of 1982 provided for an integrated system of
education covering both formal and non-formal education at all levels.
Section 29 of the Act sought to upgrade education institutions’ standards
to achieve “ quality education ’’ through voluntary accreditation for
schools, colleges and universities.
        
What are the goals of education in the education Act of 1982?
 
       - Desirable culture, moral and spiritual values in a changing world.
Quality of access to education as well as the enjoyment of the benefits of
education by all its citizens.
 
What does the educational Act of 1982 promote to every individual?
 
- 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.
 
What are the effects of the Education Act of 1982?
  
         - The education Act of 1982 has effectively rendered our
educational institutions inutile in safeguarding the interests of students
and unable to regulate private educational institutions from increasing
their tuition and other fees.
Section 1
Title. — This Act shall be known as the "Education Act of 1982."

Section 2
Coverage. —Education Act of 1982, also known as Batas Pambansa Blg.
232, provides for the establishment and maintenance of an integrated
system of education. In accordance with Section 2, this act shall apply to
and govern both formal and non-formal systems of public and private
schools in all levels. The national development goals provided by this act
are as follows:

1. To achieve and maintain an accelerating rate of economic

development and social progress;

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

attainment and enjoyment of the benefits of such growth; and

3. To achieve and strengthen national unity and consciousness and

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

Section 3 —The State shall promote the right of every individual to

relevant quality education, regardless of sex, age, creed, socio-economic
status, physical and mental conditions, racial or ethnic origin, political or
other affiliation. The State shall therefore promote and maintain equality
of access to education as well as the enjoyment of the benefits of
education by all its citizens.
The State shall promote the right of the nation's cultural communities in
the exercise of their right to develop themselves within the context of
their cultures, customs, traditions, interests and belief, and recognizes
education as an instrument for their maximum participation in national
development and in ensuring their involvement in achieving national
unity.
Section 4
Declaration of Objectives. — The educational system aims to:
1. Provide for a broad general education that will assist each
individual in the peculiar ecology of his own society, to (a) attain his
potentials as a human being; (b) enhance the range and quality of
individual and group participation in the basic functions of society; and
(c) acquire the essential educational foundation of his development into a
productive and versatile citizen;
2. Train the nation's manpower in the middle-level skills required
for national development;
3. Develop the professions 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.

Section 5
Declaration of Policy and Objectives. — It is likewise declared
government policy to foster, at all times, a spirit of shared purposes and
cooperation among the members and elements of the educational
community, and between the community and other sectors of society, in
the realization that only in such an atmosphere can be true goals and
objectives of education be fulfilled.
Moreover, the State shall:
1. Aid and support the natural right and duty of parents in the
rearing of the youth through the educational system.
2. Promote and safeguard the welfare and interests of the students
by defining their rights and obligations, according them privileges,
and encouraging the establishment of sound relationships between
them and the other members of the school community.
3. Promote the social and economic status of all school personnel,
uphold their rights, define their obligations, and improve their
living and working conditions and career prospects.
4. Extend support to promote the viability of those institutions
through which parents, students and school personnel seek to attain
their educational goals.
Section 6
Definition and Coverage. — "Educational community" refers to those
persons or groups of persons as such, or associated in institutions
involved in organized teaching and learning systems.
The members and elements of the educational community are:
1. "Parents" or guardians or the head of the institution or foster home
which has custody of the pupil or student.
2. "Students," or those enrolled in and who regularly attend an
educational institution of secondary or higher level or a person engaged
in formal study. "Pupils" are those who regularly attend a school of
elementary level under the supervision and tutelage of a teacher.
3. "School personnel," or all persons working for an educational
institution, which includes the following:
A. "Teaching or academic staff," or all persons engaged in
actual teaching and/or research assignments, either on full-time or
part-time basis, in all levels of the educational system.
B. "School administrators," or all persons occupying policy
implementing positions having to do with the functions of the
school in all levels.
C. "Academic non-teaching personnel," or those persons
holding some academic qualifications and performing academic
functions directly supportive of teaching, such as registrars,
librarians, guidance counsellors, researchers, research assistants,
research aides, and similar staff.
D. "Non-academic personnel," or all other school personnel not
falling under the definition and coverage of teaching and academic
staff, school administrators and academic non-teaching personnel.
4. "Schools," or institutions recognized by the State which undertake
educational operations.

Section 7
Community Participation. — Every educational institution shall provide
for the establishment of appropriate bodies through which the members of
the educational community may discuss relevant issues, and
communicate information and suggestions for assistance and support of
the school and for the promotion of their common interest.
Representatives from each subgroup of the educational community shall
sit and participate in these bodies, the rules and procedures of which must
be approved by them and duly published.
Section 8
Rights of Parents. — In addition to other rights under existing laws, all
parents who have children enrolled in a school shall have the following
rights:
1. The right to organize by themselves and/or with teachers for
the purpose of providing a forum for the discussion of matters relating to
the total school program, and for ensuring the full cooperation of parents
and teachers in the formulation and efficient implementation of such
programs.
2. The right to access to any official record directly relating to
the children who are under their parental responsibility.
Section 9
Rights of Students in School. — In addition to other rights, and subject to
the limitations prescribed by law and regulations, students and pupils in
all schools shall enjoy the following rights:
1. The right to receive, primarily through competent instruction, relevant
quality education in line with national goals and conducive to their full
development as persons with human dignity.
2. The right to freely choose their field of study subject to
existing curricula and to continue their course therein up to
graduation, except in cases of academic deficiency, or violation of
disciplinary regulations.
3. The right to school guidance and counselling services for
making decisions and selecting the alternatives in fields of work
suited to his potentialities.
4. The right of access to his own school records, the
confidentiality of which the school shall maintain and preserve.
5. The right to the issuance of official certificates, diplomas,
transcript of records, grades, transfer credentials and other similar
documents within thirty days from request.
6. The right to publish a student newspaper and similar
publications, as well as the right to invite resource persons during
assemblies, symposia and other activities of similar nature.
7. The right to free expression of opinions and suggestions, and
to effective channels of communication with appropriate academic
and administrative bodies of the school or institution.

8. The right to form, establish, join and participate in

organizations and societies recognized by the school to foster their
intellectual, cultural, spiritual and physical growth and
 development, or to form, establish, join and maintain
organizations and societies for purposes not contrary to law.
9. The right to be free from involuntary contributions, except
those approved by their own organizations or societies.

Section 10
Rights of all School Personnel. — In addition to other rights provided for
by law, the following rights shall be enjoyed by all school personnel:
1. The right to free expression of opinion and suggestions, and to
effective channels of communication with appropriate academic
and administrative bodies of the school or institution.
2. The right to be provided with free legal service by the
appropriate government office in the case of public school
personnel, and through the school authorities concerned in the case
of private school personnel, when charged in an administrative,
civil and/or criminal proceedings by parties other than the school
or regulatory authorities concerned for actions committed directly
in the lawful discharge of professional duties and/or in defense of
school policies.
3. The right to establish, join and maintain labor organizations
and/or professional and self-regulating organizations of their
choice to promote their welfare and defend their interests.
4. The right to be free from involuntary contributions except those
imposed by their own organizations.

Section 11
Special Rights and/or Privileges of Teaching or Academic Staff —
Further to the rights mentioned in the preceding Section, every member
of the teaching or academic staff shall enjoy the following rights and/or
privileges:
1. The right to be free from compulsory assignments not related to
their duties as defined in their appointments or employment
contracts, unless compensated therefor, conformably to existing
law.

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

3. Teachers shall be deemed persons in authority when in the
discharge of lawful duties and responsibilities, and shall, therefore,
be accorded due respect and protection.
 4. Teachers shall be accorded the opportunity to choose alternative
career lines either in school administration, in classroom teaching,
or others, for purposes of career advancement.
Section 12
Special Rights of School Administrators. — School administrators shall,
in accordance with existing laws, regulations and policies of the Ministry
of Education, Culture and Sports, be accorded sufficient administrative
discretion necessary for the efficient and effective performance of their
functions.
School administrators shall be deemed persons in authority while in the
discharge of lawful duties and responsibilities, and shall therefore be
accorded due respect and protection.
Section 13
Rights of Schools. — In addition to other rights provided for by law,
schools shall enjoy the following:
1. The right of their governing boards or lawful authorities to
provide for the proper governance of the school and to adopt and
enforce administrative or management systems.
2. The right for institutions of higher learning to determine on
academic grounds who shall be admitted to study, who may teach,
and what shall be the subjects of the study and research.
Section 14
Duties of Parents. — In addition to those provided for under existing
laws, all parents shall have the following duties and obligations:
1. Parents, individually or collectively, through the school systems,
shall help carry out the educational objectives in accordance with
national goals.
2. Parents shall be obliged to enable their children to obtain
elementary education and shall strive to enable them to obtain
secondary and higher education in the pursuance of the right
formation of the youth.
3. Parents shall cooperate with the school in the implementation of
the school program curricular and co-curricular.

Section 15
Duties and Responsibilities of Students. — In addition to those provided
for under existing laws, every student shall:
 1. Exert his utmost to develop his potentialities for service,
particularly by undergoing an education suited to his abilities, in
order that he may become an asset to his family and to society.
2. Uphold the academic integrity of the school, endeavor to achieve
academic excellence and abide by the rules and regulations
governing his academic responsibilities and moral integrity.
3. Promote and maintain the peace and tranquility of the school by
observing the rules of discipline, and by exerting efforts to attain
harmonious relationships with fellow students, the teaching and
academic staff and other school personnel.
4. Participate actively in civic affairs and in the promotion of the
general welfare, particularly in the social, economic and cultural
development of his community and in the attainment of a just,
compassionate and orderly society.
5. Exercise his rights responsibly in the knowledge that he is
answerable for any infringement or violation of the public welfare
and of the rights of others.
Section 16
Teacher's Obligations. — Every teacher shall:
1. Perform his duties to the school by discharging his
responsibilities in accordance with the philosophy, goals and
objectives of the school.
2. Be accountable for the efficient and effective attainment of
specified learning objectives in pursuance of national development
goals within the limits of available school resources.
3. Render regular reports on performance of each student and to the
latter and the latter's parents or guardians with specific suggestions
for improvement.
4. Assume the responsibility to maintain and sustain his
professional growth and advancement and maintain
professionalism in his behavior at all times.
5. Refrain from making deductions in students' scholastic ratings
for acts that are clearly not manifestations of poor scholarship.
6. Participate as an agent of constructive social, economic, moral,
intellectual, cultural and political change in his school and the
community within the context of national policies.
Section 17
School Administrators' Obligations. — Every school administrator shall:
1. Perform his duties to the school by discharging his
responsibilities in accordance with the philosophy, goals and
objectives of the school.
 2. Be accountable for the efficient and effective administration and
management of the school.
3. Develop and maintain a healthy school atmosphere conducive to
the promotion and preservation of academic freedom and effective
teaching and learning, and to harmonious and progressive school-
personnel relationship.
4. Assume and maintain professional behavior in his work and in
dealing with students, teachers, academic non-teaching personnel,
administrative staff, and parents or guardians.
5. Render adequate reports to teachers, academic non-teaching
personnel and non-academic staff on their actual performance in
relation to their expected performance and counsel them on ways
of improving the same.
6. Observe due process, fairness, promptness, privacy,
constructiveness and consistency in disciplining his teachers and
other personnel.
7. Maintain adequate records and submit required reports to the
Ministry of Education, Culture and Sports.
Section 18
Obligations of Academic Non-Teaching Personnel. — Academic non-
teaching personnel shall:
1. Improve himself professionally by keeping abreast of the latest
trends and techniques in his profession.
2. Assume, promote and maintain a professional attitude towards
his work, students, teachers, administrators and administrative staff
and relate with them in a supportive and cordial manner.
3. Promote and maintain an atmosphere conducive to service and
learning.
Section 19
Declaration of Policy. — The State recognizes that formal education, or
the school system, is society's primary learning system, and therefore the
main instrument for the achievement of the country's educational goals
and objectives.
Section 20
Definition. — "Formal Education" refers to the hierarchically structured
and chronologically graded learnings organized and provided by the
formal school system and for which certification is required in order for
the learner to progress through the grades or move to higher levels.
Formal education shall correspond to the following levels:
 1. Elementary Education. — the first stage of compulsory, formal
education primarily concerned with providing basic education and
usually corresponding to six or seven grades, including pre-school
programs.
2. Secondary Education. — the stage of formal education following
the elementary level concerned primarily with continuing basic
education and expanding it to include the learning of employable
gainful skills, usually corresponding to four years of high school.
3. Tertiary Education. — post-secondary schooling is higher
education leading to a degree in a specific profession or discipline.

Section 21
Objectives of Elementary Education. —The objectives of elementary
education are:
1. To provide the knowledge and develop the skills, attitudes, and
values essential to personal development and necessary for living
in and contributing to a developing and changing social milieu;
2. To provide learning experiences which increase the child's
awareness of and responsiveness to the changes in and just
demands of society and to prepare him for constructive and
effective involvement;
3. To promote and intensify the child's knowledge of, identification
with, and love for the nation and the people to which he belongs;
and
4. To promote work experiences which develop the child's
orientation to the world of work and creativity and prepare himself
to engage in honest and gainful work.

Section 22
Objectives of Secondary Education. — The objectives of secondary
education are:
1. To continue to promote the objectives of elementary education;
and
 2. To discover and enhance the different aptitudes and interests of
the student so as to equip him with skills for productive endeavor
and/or prepare him for tertiary schooling.
Section 23
Objectives of Tertiary Education. — The objectives of tertiary education
are:
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.

Section 24
Specialized Educational Service. — The State further recognizes its
responsibility to provide, within the context of the formal education
system, services to meet special needs of certain clientele. These specific
types, which shall be guided by the basic policies of the State embodied
in the General Provisions of this Act, include:
1. "Work Education," or "Practical Arts," as a program of basic
education which aims to develop the right attitudes towards work;
and "technical-vocational education," post-secondary but non-
degree programs leading to one, two, or three-year certificates in
preparation for a group of middle-level occupations.
2. "Special Education," the education of persons who are
physically, mentally, emotionally, socially, or culturally different
from the so-called "normal" individuals that they require
modification of school practices/services to develop them to their
maximum capacity; and
3. "Non-formal Education," any organized school-based
educational activities undertaken by the Ministry of Education,
Culture and Sports and other agencies aimed at attaining specific
learning objectives for a particular clientele, especially the
illiterates and the out-of-school youth and adults, distinct from and
outside the regular offerings of the formal school system.
The objectives of non-formal education are as follows:
 A. To eradicate illiteracy and raise the level of functional
literacy of the population;
B. To provide unemployed and underemployed youth and
adults with appropriate vocational/technical skills to enable them to
become more productive and effective citizens; and
C. To develop among the clientele of non-formal
education proper values and attitudes necessary for personal,
community and national development.

Section 25 as last updated by RA 7798 (1994)

Establishment of Schools. — All schools shall be established in
accordance with law. The establishment of new national schools and the
conversion of existing schools from elementary to national secondary
schools or from secondary to national secondary or tertiary schools shall
be by law:
Provided, That any private school proposed to be established must
incorporate as either a non-stock or a stock educational corporation in
accordance with the provisions of the Corporation Code of the
Philippines. This requirement to incorporate may be waived in the case of
family-administered pre-school institutions.
Provided, That the minimum paid-up capital for stock educational
institutions for those engaged in elementary education shall not be less
than One million pesos (P1,000,000.00); not less than Two million five
hundred thousand pesos (P2,500,000.00) for those offering both
elementary and secondary education; and not less than Five million pesos
(P5,000,000.00) for those offering elementary, secondary and tertiary and
postgraduate courses, except existing educational institutions organized
as stock corporations which may retain their original capitalization.
Existing educational institutions organized as stock corporations may
automatically apply for renewal of their corporate existence when the
original period is about to expire.
Provided, finally, That stock educational institutions may be allowed only
in capital-intensive courses of study as may be determined by the
Department of Education, Culture and Sports, the Commission on Higher
Education, and the Department of Science and Technology, as the case
may be.
Any school that is established or organized as a stock corporation shall be
ineligible for any form of government subsidy, incentive or assistance,
except those given to individual students and teachers in the form of
scholarships, student loans or other forms of subsidy as already mandated
under existing laws. Government assistance to non-stock schools for
educational programs shall be used exclusively for that purpose.
Taxes shall not be due on donations to educational corporations.

Section 26
Definition of Terms. — The terms used in this Chapter are defined as
follows:
1. "Schools" are duly established institutions of learning or
educational institutions.
2. "Public Schools" are educational institutions established and
administered by the government.
3. "Private Schools" are educational institutions maintained and
administered by private individuals or groups.

Section 27
Recognition of Schools. — The educational operations of schools shall be
subject to the prior authorization of the government, and shall be affected
by recognition. In the case of government operated schools, whether
local, regional, or national, recognition of educational programs and/or
operations shall be deemed granted simultaneously with establishment.
In all other case the rules and regulations governing recognition shall be
prescribed and enforced by the Ministry of Education, Culture and Sports
defining therein who are qualified to apply, providing for a permit
system, stating the conditions for the grant of recognition and for its
cancellation and withdrawal, and providing for related matters.

Section 28
Effects of Recognition; Punishable Violations. — The issuance of a
certificate of recognition to a school shall have the following effects:
1. It transforms the temporary permit to a permanent authority to
operate;
2. It entitles the school or college to give the students who have
completed the course for which recognition is granted, a certificate,
title or diploma; and
3. It shall entitle the students who have graduated from said
recognized course or courses to all the benefits and privileges
enjoyed by graduates in similar courses of studies in all schools
recognized by the government.
Operation of schools and educational programs without authorization,
and/or operation thereof in violation of the terms of recognition, are
hereby declared punishable violations subject to the penalties provided in
this Act.
Section 29
Voluntary Accreditation. — The Ministry shall encourage programs of
voluntary accreditation for institutions which desire to meet standards of
quality over and above the minimum required for State recognition.
Section 30
Organization of Schools. — Each school shall establish such internal
organization as will best enable it to carry out its academic and
administrative functions, subject to limitations provided by law.
Each school shall establish such arrangements for the peaceful settlement
of disputes between or among the members of the educational
community.
Section 31
Governing Board. — Every government college or university established
as a tertiary institution and every private school shall have a governing
board pursuant to its charter or to the Corporation Code of the
Philippines, as the case may be.
Section 32
Personnel Transactions. — The terms and conditions of employment of
personnel in government schools shall be governed by the Civil Service,
budgetary and compensation laws and rules.
In private schools, disputes arising from employer-employee relations
shall fall under the jurisdiction of the Ministry of Labor and Employment
as provided for by law and regulations: Provided, That in view of the
special employment status of the teaching and academic non-teaching
personnel, and their special roles in the advancement of knowledge,
standards set or promulgated jointly by the Ministry of Education,
Culture and Sports and by the Ministry of Labor and Employment shall
be applied by the Ministry of Labor and Employment: Provided, further,
That every private school shall establish and implement an appropriate
system within the school for the prompt and orderly settlement of
personnel disputes at the school level, subject to the provisions of
Articles 262 and 263 of the Labor Code.
Section 33
Declaration of Policy. — It is hereby declared to be the policy of the
State that the national government shall contribute to the financial support
of educational programs pursuant to the goals of education as declared in
the Constitution. Towards this end, the government shall:
1. Adopt measures to broaden access to education through financial
assistance and other forms of incentives to schools, teachers, pupils
and students; and
2. Encourage and stimulate private support to education through,
interalia, fiscal and other assistance measures.
Section 34
National Funds. — Public schools shall continue to be funded primarily
from national funds: Provided, That local governments shall be
encouraged to assume operation of local public schools on the basis of
national fund participation and adequate revenue sources which may be
assigned by the national government for the purpose.
Section 35
Financial Aid and Assistance to Public Secondary Schools. — The
national government shall extend financial aid and assistance to public
secondary schools established and maintained by local governments,
including barangay high schools.
Section 36
Share of Local Government. — Provinces, cities and municipalities and
barangays shall appropriate funds in their annual budgets for the
operation and maintenance of public secondary schools on the basis of
national fund participation.
Section 37

Special Education Fund. — The proceeds of the Special Education Fund

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

Section 38

Tuition and other School Fees. — Secondary and post-secondary schools

may charge tuition and other school fees, in order to improve facilities or
to accommodate more students.
Section 39
Income from other Sources. — Government-supported educational
institutions may receive grants, legacies, donations and gifts for purposes
allowed by existing laws.
Furthermore, income generated from production activities and from
auxiliary enterprises may be retained and used for schools concerned in
accordance with rules and regulations jointly issued consistently with
pertinent appropriation and budgetary laws by the Ministry of the Budget,
the Ministry of Education, Culture and Sports and the Commission on
Audit.
Section 40

Funding of Private Schools. — Private schools may be funded from their

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

Section 41
Government Assistance. — The government, in recognition of their
complementary role in the educational system, may provide aid to the
programs of private schools in the form of grants or scholarships, or loans
from government financial institutions: Provided, That such programs
meet certain defined educational requirements and standards and
contribute to the attainment of national development goals.
Section 42
Tuition and Other School Fees. — Each private school shall determine its
rate of tuition and other school fees or charges. The rates and charges
adopted by schools pursuant to this provision shall be collectible, and
their application or use authorized, subject to rules and regulations
promulgated by the Ministry of Education, Culture and Sports.

Section 43
Income from Other Sources. — Any private school duly recognized by
the government, may receive any grant and legacy, donation, gift, bequest
or devise from any individual, institution, corporation, foundation, trust
or philanthropic organization, or research institution or organization as
may be authorized by law.
Furthermore, private schools are authorized to engage in any auxiliary
enterprise to generate income primarily to finance their educational
operations and/or to reduce the need to increase students' fees.
Section 44
Institutional Funds. — The proceeds from tuition fees and other school
charges, as well as other income of schools, shall be treated as
institutional funds. Schools may pool their institutional funds, in whole or
in part, under joint management for the purpose of generating additional
financial resources.
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 as last updated by BP 400 (1983)
Relating to School Property. — Real property, such as lands, buildings
and other improvements thereon used actually, directly and exclusively
for educational purposes, shall be subject to the real property tax based on
an assessment of fifteen percent of the market value of such property:
Provided, That all the proceeds from the payment thereof shall accrue to a
special private education 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, 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 taxpayers
for the following purposes: student-pupil scholarships; improvement of
instructional, including laboratory, facilities, and/or equipment; library
books and periodicals acquisition; and extension service in the
community, in that order of priority.
Section 47
Relating to Gifts or Donations to Schools. — All gifts or donations in
favor of any school, college or university recognized by the Government
shall not be subject to tax: Provided, That such gifts or donations shall be
for improvement of classrooms and laboratory or library facilities, and
shall not inure to the benefit of any officer, director, official, or owner or
owners of the school, or paid out as salary, adjustments or allowance of
any form or nature whatsoever, except in support of faculty and/or
professorial chairs.
Section 48
Relating to Earnings from Established Scholarship Funds. — All earnings
from the investment of any duly established scholarship fund of any
school recognized by the government, constituted from gifts to the
school, and/or from contributions or other resources assigned to said fund
by the school, if said earnings are actually used to fund additional
scholarship grants to financially deserving students shall be exempt from
tax until the scholarship fund is fully liquidated, when the outstanding
balance thereof shall be subject to tax.
Section 49
School Dispersal Program. — All gains realized from the sale,
disposition or transfer of property, real or personal, of any duly
established private school, college or university, in pursuance of a school
dispersal program of the government or of the educational institution as
approved by the government, shall be considered exempt from tax if the
total proceeds of the sale are reinvested in a new or existing duly
established school, college, or university located in the dispersal site,
within one (1) year from the date of such sale, transfer or disposition;
otherwise, all taxes due on the gains realized from the transaction shall
immediately become due and payable.
Section 50
Conversion to Educational Foundations. — An educational institution
may convert itself into a non-stock, non-profit educational foundation, in
accordance with the implementing rules to be issued jointly by the
Ministry of Education, Culture and Sports and the Ministry of Finance.
In the case of stock corporations, if for any reason its corporate existence
as an educational institution ceases and is not renewed, all its net assets
after liquidation of the liabilities and other obligations may be conveyed
and transferred to any non-profit educational institution or successor non-
profit educational institution or to be distributed by a court to another
organization to be used in such manner as in the judgment of said court
will best accomplish the general purposes for which the dissolved
organization was organized, or to the State.
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.

Section 54

Declaration of Policy. — The administration of the education system and,

pursuant to the provisions of the Constitution, the supervision and
regulation of educational institutions are hereby vested in the Ministry of
Education, Culture and Sports, without prejudice to the provisions of the
charter of any state college and university.

Section 55
Organization. — The Ministry shall be headed by the Minister of
Education, Culture and Sports who shall be assisted by one or more
Deputy Ministers.
The organization of the Ministry shall consist of
A. the Ministry Proper composed of the immediate Office of the
Minister, and the Services of the Ministry,
B. the Board of Higher Education, which is hereby established,
C. the Bureau of Elementary Education, the Bureau of Secondary
Education, the Bureau of Higher Education, the Bureau of
 Technical and Vocational Education, and the Bureau of Continuing
Education, which are hereby established,
D. Regional offices and field offices,
E. the National Scholarship Center and such other agencies as are
now or may be established pursuant to law, and
F. the cultural agencies, namely:
the National Library,
the National Historical Institute,
the National Museum, and
the Institute of National Language.
Section 56
The National Board of Education is hereby abolished, and its
appropriations, personnel, records, and equipment are hereby transferred
to the Office of the Minister of Education, Culture and Sports.
Section 57
Functions and Powers of the Ministry. —
The Ministry shall:
1. Formulate general education objectives and policies, and adopt
long-range educational plans;
2. Plan, develop and implement programs and projects in education
and culture;
3. Promulgate rules and regulations necessary for the
administration, supervision and regulation of the educational
system in accordance with declared policy;
Set up general objectives for the school system;
4. Coordinate the activities and functions of the school system and
the various cultural agencies under it;
5. Coordinate and work with agencies concerned with the
educational and cultural development of the national cultural
communities; and
6. 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 sector, the effectiveness of the education programs, the
adequacy or deficiency of the appropriations and status of expenditures,
the impact of education on the different regions, the growth of
enrollment, the adequacy of academic facilities, the concentration of low
income groups, or the supply of teaching and non-teaching personnel,
with such comments and appropriate recommendations thirty (30) days
before the opening of its regular session.
Section 59
Declaration of Policy. — Higher education will be geared towards the
provision of better quality education, the development of middle and
high-level manpower, and the intensification of research and extension
services. The main thrust of higher education is to achieve equity,
efficiency, and high quality in the institutions of higher learning both
public and private, so that together they will provide a complete set of
program offerings that meet both national and regional development
needs.
Section 60

Organization of the Board of Higher Education. — The Board of Higher

Education is reconstituted as an advisory body to the Minister of
Education, Culture and Sports. The Board shall be composed of a Deputy
Minister of Education, Culture and Sports designated as Chairman and
four other members to be appointed by the President of the Philippines
upon nomination by the Minister of Education, Culture and Sports for a
term of four years. The four members shall have distinguished themselves
in the field of higher education and development either in the public or
private sector. In the initial appointment of the non-ex officio members,
the first appointee shall serve for a term of four years; the second for a
term of three years; the third for a term of two years, and the fourth for a
term of one year. The Director of the Bureau of Higher Education shall
participate in the deliberation of the Board but without the right to vote.
The Bureau of Higher Education shall provide the Board with the
necessary technical and staff support: Provided, That the Board may
create technical panels of experts in the various disciplines as the need
arises.

Section 61
Functions of the Board of Higher Education. — The Board shall:
1. Make policy recommendations regarding the planning and
management of the integrated system of higher education and the
continuing evaluation thereof.
2. Recommend to the Minister of Education, Culture and Sports
steps to improve the governance of the various components of the
higher education system at national and regional levels.
 3. Assist the Minister of Education, Culture and Sports in making
recommendations relative to the generation of resources and their
allocation for higher education.
Section 62
Bureau of Elementary Education. — The Bureau shall perform the
following functions:
1. Conduct studies and formulate, develop, and evaluate programs
and educational standards for elementary education;
2. Undertake studies necessary for the preparation of prototype
curricular designs, instructional materials, and teacher training
programs for elementary education; and
3. Formulate guidelines to improve elementary school physical
plants and equipment, and general management of these schools.
Section 63
Bureau of Secondary Education. — The Bureau shall perform the
following functions:
1. Conduct studies and formulate, develop and evaluate programs
and educational standards for secondary education;
2. Develop curricular designs, prepare instructional materials, and
prepare and evaluate programs to upgrade the quality of the
teaching and non-teaching staff at the secondary level;
3. Formulate guidelines to improve the secondary school physical
plants and equipment, and general management of these schools.

Section 64
Bureau of Technical and Vocational Education. — The Bureau shall
perform the following:
1. Collaborate with other agencies in the formulation of manpower
plans;
2. Conduct studies, formulate, develop and evaluate post-secondary
vocational-technical programs and recommend educational
standards for these programs;
3. Develop curricular designs and prepare instructional materials,
prepare and evaluate programs to upgrade the quality of teaching
and non-teaching staff, and formulate guidelines to improve the
physical plant and equipment of post-secondary vocational-
technical schools.
Section 65
Bureau of Higher Education. —
The Bureau of Higher Education shall perform the following functions:
1. Develop, formulate and evaluate programs, projects and
educational standards for a higher education;
2. Provide staff assistance to the Board of Higher Education in its
policy formulation and advisory functions;
3. Provide technical assistance to encourage institutional
development programs and projects;
4. Compile analyze and evaluate data on higher education; and
5. Perform other functions provided for by law.
Section 66
Bureau of Continuing Education. —
As the main implementing arm of the non-formal education programs of
the Ministry, the Bureau shall provide learning programs or activities that
shall:
1. Serve as a means of meeting the learning needs of those unable
to avail themselves of the educational services and programs of
formal education;
2. Provide opportunities for the acquisition of skills necessary to
enhance and ensure continuing employability, efficiency,
productivity, and competitiveness in the labor market;
3. Serve as a means for expanding access to educational
opportunities to citizens of varied interests, demographic
characteristics and socio-economic origins or status.
Section 67

Functions. — A regional office shall:

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

plan of the Ministry taking into account the specific needs and
special traditions of the region;
2. Implement education laws, policies, plans, programs, rules and
regulations of the Ministry or agency in the regional area;
3. Provide economical, efficient and effective education services to
the people in the area.

Section 68
Penalty Clause. — Any person upon conviction for an act in violation of
Section 28, Chapter 3, Title III above, shall be punished with a fine of not
less than two thousand pesos (P2,000.00) nor more than ten thousand
pesos (P10,000.00) or imprisonment for a maximum period of two (2)
years, or both, in the discretion of the court.
If the act is committed by a school corporation, the school head together
with the person or persons responsible for the offense or violation shall be
equally liable.
Section 69
Administrative Sanction. — The Minister of Education, Culture and
Sports may prescribe and impose such administrative sanction as he may
deem reasonable and appropriate in the implementing rules and
regulations promulgated pursuant to this Act for any of the following
causes:
1. Mismanagement of school operations;
2. Gross inefficiency of the teaching or non-teaching personnel;
3. Fraud or deceit committed in connection with the application for
Ministry permit or recognition;
4. Failure to comply with conditions or obligations prescribed by
this Code or its implementing rules and regulations; and
5. Unauthorized operation of a school, or course, or any component
thereof, or any violation of the requirement governing
advertisements or announcements of educational institutions.
Section 70
Rule-making Authority. — The Minister of Education, Culture and
Sports charged with the administration and enforcement of this Act, shall
promulgate the necessary implementing rules and regulations.
Section 71
Separability Provision. — Any part or provision of this Act which may be
held invalid or unconstitutional shall not affect its remaining parts or
provisions.
Section 72

Repealing Clause. — All laws or parts thereof inconsistent with any

provision of this Act shall be deemed repealed or modified, as the case
may be.

Section 73

Effectivity. — This Act shall take effect upon its approval.