Legalbasesoftheeducationsystem 130519055241 Phpapp02

Foundations of Education
Legal Bases of the Philippine Education System

Legal
Deriving from or founded on law.
Created by the constructions of the law.
The laws which are the bases of the PES.
MAJOR LAWS WHICH STIPULATE THE

CURRENT PHILIPPINE EDUCATIONAL SYSTEM
1987 CONSTITUTION
ARTICLE XIV: Education, Science and Technology, Arts, Culture and Sports
Quality education accessible to all. (Section 1)
Complete, adequate, and integrated relevant education. (2.1.)
Free public education in the elementary and high school level. (2.2.)
Scholarship grants, loans, subsidies and other incentives to deserving students
in both private and public schools. (2.3.)
Non-formal, formal, and indigenous learning systems. (2.4)
Vocational training to adults, disabled and out of school youth. (2.5)
Study of the constitution. (3.1)
Study of values. (3.2.)
e.g. patriotism, 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, etc.
Optional religious instruction in public schools. (3.3.)
Supervision and regulation of all schools. (3.4.)
Control and administration of schools by Filipinos. (3.5)
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Pineda, Keith William P.

MS Mathematics Education
Exemption from taxes and duties. (3.6.)
Academic freedom in institutions in higher learning. (5.2,3,4.)
Assigning highest budget priority to education. (5.5.)
National language is Filipino. (6.1.)
PRESIDENTIAL DECREE NO. 6 A
EDUCATIONAL DEVELOPMENT DECREE OF 1972
Goals of the Educational system. (2, a c)
1. To achieve and maintain an accelerating rate of economic development and
social progress.
2. To assure of maximum participation of all the people in the attainment and
enjoyment of the benefits of such growth.
3. To strengthen national consciousness and promote desirable cultural values
in a changing world.
Objectives of the Educational system. (3, a d)
Ten year program to attain the objectives. (4, a f)
Educational projects to attain objectives. (5, a g)
a. Management studies by the DEC.
b. Improvement of secondary schools which include services, facilities,
equipments and curriculum.
c. Upgrading and improvement of technical institutions, skill training
centers and other non-training programs for the out of school youth and
the unemployed.
d. Curriculum and staff development including mathematics and science
teaching.
e. Expansion of agricultural secondary and higher education programs.
f. Textbooks and instructional materials.
g. Assistance and incentives.
Working arrangements.
Financing the whole educational system.

BATAS PAMBANSA BLG 232 EDUCATION ACT OF 1982
Goals
1. Achieve and maintain an accelerating rate of economic development and social
progress;
2. Assure the maximum participation of all people in the attainment and
employment of such growth, and
3. Achieve and strengthen national unity and consciousness and preserve, develop
and promote desirable culture, moral, and spiritual values in a changing world.
Aims
1. Provide for a broad general education that will assist each individual in the
peculiar ecology of his own society, to:
1.1. attain his potentials as human beings;
1.2. enhance the range and quality of individual and group participation in the
basic functions of society, and
1.3. acquire essential educational foundations of his development into a
productive and versatile citizen.
2. Train the nations manpower in the middle level skills required for national
development.
3. Develop the profession that will provide leadership for the nation in the
advancement of knowledge for improving the quality of human life, and
4. Respond effectively to changing needs and conditions of the nations through a
system educational planning and evaluation.
Rights and Duties of Parents in the Education of Children
1. Rights
1.1. Right to organize themselves and/or with teachers for the discussion
betterment of the school.
1.2. Right to access to any official record concerning the children who are under
their parental responsibility.
2. Duties
2.1.
2.2.
Duty to help carry out the educational objectives in accordance with national
goals.
Duty to enable their children to obtain elementary education and shall strive to
enable them to obtain secondary or higher education in the pursuance of the
right formation of the youth.
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2.3.
Duty to cooperate with the school in the implementation of the school

program.
Rights and Duties of Students

1. Rights
1.1.
Right to receive, primarily through competent instruction, relevant quality

education in line with national development goals and conducive to their full
development as persons with human dignity.
1.2.
Right to freely choose their field of study subject to existing course therein up
to graduation, except in cases of academic deficiency or disciplinary
regulations.
1.3.
Right to school guidance and counselling services.
1.4.
Right of access to his own school records, the confidentiality of which the
school shall maintain and preserve.
1.5.
Right to the issuance of official certificates, diplomas, transcript of records,

grades, transfer credentials, and other similar documents within thirty days of
request.
1.6.
Right to publish a school newspaper.
1.7.
Right to free expression of opinions and suggestions and to effective

channels of communication.
1.8.
Right to form, establish, and join organizations.
1.9.
Right to be free from involuntary contributions, except those approve by their

own organizations or societies.
2. Duties
2.1.
Duty to exert his utmost to develop his potentialities.
2.2.
Duty to uphold the academic integrity of the school.
2.3.
Duty to promote the peace and tranquillity of the school.

2.4.
Duty to participate actively in civic affairs, and in the promotion of the general
welfare.
2.5.
Duty to exert his rights responsibly.
EXECUTIVE ORDER NO. 117, s. 1987 (REORGANIZATION OF DECS)

The Department shall be responsible for the formulation, planning, implementation, and
coordination of policies, plans, programs and projects in the areas of formal and non
formal education at all levels: elementary, secondary, higher, technical vocational, non
formal, sports and culture.
RA 7722: HIGHER EDUCATION ACT OF 1994
An act creating the Commission on Higher Education.
RA 7796: AN ACT CREATING THE TECHNICAL EDUCATION AND SKILLS
DEVELOPMENT AUTHORITY OF 1994
An act creating the Technical Education and Skills Development Authority.
RA 9155: AN ACT INSTITUTINGA 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
Authored by former senator Tessie Aquino Oreta.
DECS (Department of Education, Culture and Sports) was renamed DEPEd
(Department of Education).
Governance of Basic Education starts at National level, but it is in the Regional,
Division, District and School level where the policies and principles are translated
into projects, programs, and services developed, offered to fit local needs.
RA 4670: MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS (1966)
COVERAGE: All public school teachers
ELIGIBILITY:

A. Elementary School Teachers
1. BEED Graduate
2. PBET/LET Passer
B. Secondary School Teachers
1. BSE/ BSEd Graduate/ Bachelors Degree
2. 18 units in major subject/ 18 units of professional education subject
3. PBET/LET Passer
Rights of Teachers
1.
2.
3.
4.
5.
Right to be informed of the charges in writing.

Right to full access to the evidence in the case.
Right to defend himself and be defended by a representative of his choice.
Right to appeal to clearly designated authorities.
Right for a married couple, both of whom are school teachers, to be employed in the
same locality whenever possible.
Hours of Work and Remuneration

1. Enjoy academic freedom in the discharge of professional duties regarding teaching
and classroom methods.
2. Enjoy free physical exam and free medical treatment or hospitalization.
3. Salary scale gradual progression from a minimum to a maximum salary by means
of regular increments, granted automatically every after three years.
4. Granting of cost of living allowance.
5. Additional compensation for service excess of 6 hours actual classroom teaching,
hardship allowance and automatic retirement promotion.
Leave and Retirement Benefits
1. Study leave (Sabbatical leave) with pay equivalent to 60% of salary after seven
years of service.
2. Indefinite leave
3. Maternity leave with pay for 60 days.
4. Vacation leave with pay.
5. Enjoy one range salary raise upon retirement, which shall be the basis of the
retirement pay and the monthly benefits thereafter.
Teachers Organization
1. Freedom to organize.
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2. Prohibition of discrimination against teachers.
PHILIPPINE EDUCATIONAL PRACTICES AND OTHER LEGAL

BASES OF EDUCATION
Act No. 74
January 1, 1901
Laid the foundations of Philippine public school system and made English as the
language of instruction.
Established in the Philippine Normal School and Trade school in Manila, and an
Agricultural school in Negros.
RA 476
June 18, 1949
Converted the Philippine Normal School into a Teacher college and offered courses
leading to Bachelor of Science in Elementary Education and Master of Arts in
education.
RA 7168
December 26, 1991
Converted the Philippine Normal School into a University.
RA 6655
Also known as the Free Public Secondary Education Act of 1988.
Public secondary schools were nationalized and they were reclassified by source of
funding and curriculum type.
DECS ORDER NO. 38, s. 1994
NSAT is required for all senior high school students.
PD 603
Required that every school division should organize special classes for children with
special needs.
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RA 5250 (1966)
Provided a ten year teacher education program in Special education for the
teaching of the gifted, mentally retarded and those with behaviour problems.
Only two schools offered undergraduate in SPEd: UP COEd and CEU.
RA 7686
Being paid in OJTs in private industries.
RA 7687
Scholarship programs for careers in science and technology.
PD 1006
September 22, 1976
Considered teachers as professionals and teaching promulgated as a profession.
Teachers need to pass the PBET before they could teach, whether in private or
public school.
PD 146
Required all high school graduates seeking admissions to post secondary degrees
necessitating a minimum of four years study to pass a national entrance
examination.
RA 7731
Abolished the NCEE to give the marginalized sector greater access to college
education.
RA 7743
Created the Center of Excellence in Teacher Education.
RA 7791
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Stretched the school year from 185 200 days.

RA 1265
Made the observance of the flag ceremony compulsory,
RA 7836
An act professionalizing the teaching profession.
Established the Licensure Examinations for Teachers.
RA 10157
Kindergarten Education Act
Provides the inclusion of the Kindergarten level into the basic education program. It
is a must that children must undergo kinder before entering grade 1.
Senate Bill 3286: Enhanced Basic Education Act of 2012
An addition of two years in the basic education.
Reference:
Foundations of Education 2 by Dr. Doris D. Tulio

FULL COPY
MALACAANG
Manila
PRESIDENTIAL DECREE No. 6-A September 29, 1972
AUTHORIZING THE UNDERTAKING OF EDUCATIONAL DEVELOPMENT PROJECTS,
PROVIDING FOR THE MECHANICS OF IMPLEMENTATION AND FINANCING THEREOF, AND
FOR OTHER PURPOSES
I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by
the Constitution as Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to
Proclamation No. 1081 dated September 21, 1972, and General Order No. 1 dated September 22,
1972, do hereby decree, order and make as part of the law of the land the following measures:
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Section 1. Title. - This Decree shall be known as the "Educational Development Decree of 1972."
Section 2. Declaration of Policy. - It is hereby declared to be the policy of the government to ensure,
within the context of a free and democratic system maximum contribution of the educational system
to the attainment of the following national development goals:
(a) To achieve and maintain an accelerating rate of economic development and social
progress;
(b) To assure the maximum participation of all the people in the attainment and enjoyment of
the benefits of such growth; and
(c) To strengthen national consciousness and promote desirable cultural values in a
changing world.
Section 3. Statement of Objectives. - To this end, the educational system aims to:
(a) Provide for a broad general education that will assist each individual, in the peculiar
ecology of his own society, to (1) attain his potential as a human being; (2) enhance the
range and quality of individual and group participation in the basic functions of society; and
(3) acquire the essential educational foundation for his development into a productive and
versatile citizen:
(b) Train the nation's manpower in the middle level skill required for national development;
(c) Develop the high-level professions that will provide leadership for the nation, advance
knowledge through research, and apply new knowledge for improving the quality of human
life; and
(d) Respond effectively to changing needs and conditions of the nation through a system of
educational planning and evaluation.
Section 4. Guiding Principles of the Ten-Year Program. - In order to lay the foundation and to
advance the attainment of these objectives, a ten-year national education development program
shall be formulated based on the following:
(a) Improvement of curricular programs and quality of instruction of all levels by way of
upgrading physical faculties, adoption of cost-saving instructional technology, and training
and re-training of teachers and administrators;
(b) Upgrading of academic standards through accreditation schemes, admissions testing and
guidance counselling;
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(c) Democratization of access to educational opportunities through the provision of financial
assistance to deserving students, skills training programs for out-of-school youth and
continuing education program for non-literate adults;
(d) Restructuring of higher education to become more responsive to national development
needs through a planned system of incentives and assistance to both public and private
colleges and universities and synchronization of curricular programs, staffing patterns and
institutional development activities;
(e) Expansion of existing programs and establishment of new ones designed to train middlelevel technical and agricultural manpower; and
(f) Instituting reform in the educational financing system to facilitate the shift of funding
responsibility for elementary and secondary education from the national to the local
government, thereby increasing government participation in higher education.
Section 5. Educational Development Projects. - The above-stated objectives shall be attained
through the undertaking of the following educational development projects:
(a) Management study of the Department of Education and Culture and institution of
administrative improvements therein;
(b) Establishment and/or operation or improvement of secondary schools which may include
provision for extension services, facilities and equipment to allow the use of expanded and
improved curriculum;
(c) Establishment and/or operation, upgrading or improvement of technical institutes, skills
training centers, and other non-formal training programs and projects for the out-of-school
youth and the unemployed in collaboration with the programs of the National Manpower and
Youth Council;
(d) Curriculum and staff development including mathematics and science teaching;
(e) Expansion of agricultural secondary and higher education programs and extension
activities which may include radio broadcasting and rural training services, and the provision
of facilities therefor including seed capital and revolving funds;
(f) Design, utilization and improvement of instructional technology and
development/production of textbooks and other instructional materials; and
(g) Assistance and incentives, including loans and grants, toward the planned development
and improvement of programs and facilities in both public and private universities, colleges
and schools.
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In addition, other educational development projects necessary pursuant to the objectives of this
Decree are likewise to be undertaken: Provided, That for such projects to qualify under this Decree,
the same must be consistent with the principles enunciated in Section 4 hereof, supported by
sufficient studies, data and plans of operation and implementation, endorsed by the National Board
of Education to, and approved by an Education Special Committee, hereinafter provided, to form
part of the educational development program.
Section 6. Working Arrangements. - For the attainment of the objectives of this Decree, an
Education Special Committee, composed of the Secretary of Education and Culture as Chairman
and the Secretary of Finance and the Commissioner of the Budget as members, if hereby created
which shall:
(a) Approve and evaluate the specific projects, endorsed to it by the National Board of
Education, to be financed out of the resources provided for in this Decree; and
(b) Administer the Educational Institutions Development Fund as hereinafter provided,
except that the resources accruing into the Fund shall be managed by reputable fund
managers or financial institutions.
The National Board of Education, as reorganized pursuant to Presidential Decree No. 1 dated
September 24, 1972, shall, in addition to its functions, perform the following:
(a) Formulate education objectives and policies consistent with those enunciated in Section
2 hereof; and
(b) Provide policy guidelines in the administration of the assistance and incentive programs
provided for in Section 5(g) hereof, which shall include a system of educational priorities
consistent with national, regional and/or local requirements for education and skills training,
and such other procedures and requirements as will ensure the continual upgrading of the
quality of education, the rationalization and institutional growth, and the democratization of
access to education.
In the discharge of its functions, the National Board of Education shall be assisted by an office of
planning and research known as Planning Service in the Department of Education and Culture.
A project unit to be known as the Educational Development Projects Implementing Task Force is
hereby established under the Office of the Secretary of Education and Culture to be headed by a
Director and be composed of technical staff members and such consultants as are necessary. Its
functions are:
(a) To supervise and implement foreign-assisted development projects; and
(b) To implement such other development projects as may be assigned to it by the Secretary
of Education and Culture.
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Where the project involves an office, agency or instrumentality of the government other than the
Department of Education and Culture, appropriate working arrangements shall be established by the
Educational Department Projects Implementing Task Force and the office, agency or instrumentality
concerned, including the turn over of the project upon its completion to such office, agency or
instrumentality to be integrated with and be part of the regular activities thereof.
Section 7. Authority to Borrow. - The President of the Philippines, in behalf of the Republic of the
Philippines, may contract loans, credits or indebtedness with any foreign source or lender, under
such terms and conditions as may be agreed upon, any provision of law, including Republic Act
Numbered Forty-eight hundred and sixty as amended by Republic Act Numbered Sixty-one hundred
and forty-two, Act Numbered Forty-two hundred and thirty nine, Commonwealth Act Numbered one
hundred thirty-eight, Commonwealth Act Numbered Five Hundred forty-one, Republic Act Numbered
Nine hundred twelve, Republic Act Numbered Fifty-one hundred eighty-three, and other related laws
to the contrary notwithstanding, for a total amount not exceeding one hundred million United States
dollars or the equivalent thereof in other currencies, as may be necessary to meet the direct and
indirect foreign exchange requirements of the projects authorized under this Decree, to cover the
costs of feasibility studies, equipment, machineries, supplies, construction, installation and related
services of any such projects: Provided, That the loans, credit or indebtedness authorized herein
shall be incurred on terms of payment of not less that ten (10) years.
Section 8. Utilization of Proceeds. - The proceeds of such loans, credits or indebtedness, as well as
the appropriations under Section 9 hereof, shall be used exclusively for financing the educational
development projects authorized under this Decree: Provided, That for the purpose of ensuring
continued assistance to the planned development and improvement of programs and facilities in
both public and private universities, colleges and schools, there is hereby authorized to be
established an Educational Institutions Development Fund in an amount of not less that ten million
pesos ( 10,000,000), Philippine currency, annually for a period of ten (10) years. The said Fund shall
be administered as a separate fund, and lending or relending operations to private universities,
colleges and schools shall be subject to the rules and regulations to be promulgated by the National
Board of Education with the approval of the Secretary of Finance.
Cities, provinces and municipalities may undertake educational development projects pursuant to
the objectives of this Decree and are hereby authorized to avail themselves of proceeds of loans,
credits or indebtedness herein authorized as well as the appropriations under Section 9 hereof and
receive financial assistance subject to such conditions as may be provided for and/or promulgated
by the National Board of Education pursuant to this Decree.
Section 9. Appropriations. - In addition to the proceeds of the loans, credits or indebtedness
mentioned in Section 7 hereof, there is hereby appropriated for the projects authorized herein the
sum of five hundred million pesos (P500,000,000) out of the funds in the National Treasury not
otherwise appropriated which shall be programmed and released in the following manner: fifty million
pesos (P50,000,000) for Fiscal Year 1972-73 and fifty million pesos (P50,000,000) annually
thereafter until June thirty, nineteen hundred eighty-two: Provided, That notwithstanding the said
schedule, releases in a given year shall be adjusted in accordance with the actual requirements of
the projects being implemented during the fiscal year: Provided, further, That should there be any
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surplus in the annual appropriations herein provided, the same shall accrue to the Educational
Special Account herein created in the General Fund which shall be made available to finance the
projects during the subsequent fiscal years.
Section 10. Creation of Educational Special Account. - There is hereby established in the National
Treasury an Educational Special Account to meet the appropriations herein provided, which shall be
constituted from the following sources:
(a) Proceeds form bond issues as provided for under Section 11 of this Decree;
(b) Twenty million pesos (P20,000,000) annually from the share of the National Government
in the Special Education Fund under Republic Act Numbered Fifty-four hundred forty-seven
as provided in Section 12 hereof;
(c) Fifteen million pesos (P15,000,000) from the Special Science Fund for Fiscal Year 197273, and fifty percentum (50%), annually thereafter until June 30, 1982, of the total annual
receipts from the taxes provided for under Republic Act Numbered Fifty-four hundred and
forty-eight, as provided in Section 13 hereof;
(d) Future savings of the Department of Education and Culture that may result from the
implementation of reforms consequent to management study, as provided in Section 14
hereof; and
(e) Augmentations from the General Funds which are hereby authorized in cases where the
above sources are not sufficient to cover expenditures required in any year, as provided in
Section 15 of this Act.
The Department of Education and Culture is hereby authorized to receive and spend or utilize
donations and/or bequests made in pursuance of the purposes and for projects enunciated in this
Decree which donations and/or bequests shall be exempt from the payment of gift taxes.
Section 11. Bond Issues. - The Secretary of Finance may issue and sell bonds not exceeding
twenty million pesos annually under the authority of Republic Act Numbered Four thousand eight
hundred sixty-one, any provision of law to the contrary, notwithstanding.
Section 12. Portions of the Special Education Fund. - Any provision of law to the contrary
notwithstanding, effective July 1, 1972, until June 30, 1982, twenty million pesos (P20,000,000) of
the annual share of the National Government from the Special Education Fund provided for under
Republic Act Numbered Fifty-four hundred and forty-seven shall accrue to the Educational Special
Account herein provided. Thereafter, the said share shall accrue to the General Fund.
In this connection, the shares of the local governments from the said Fund may be used by them to
finance such projects as may be established in their locality under the authority of this Decree
regardless of any restriction imposed thereon.
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Section 13. Portion of Special Science Fund. - Any provision of law to the contrary notwithstanding,
effective upon approval of this Decree, fifteen million pesos (P15,000,000) of the Special Science
Fund established under Republic Act Numbered fifty-four-hundred and forty-eight as amended as
hereby transferred to the Educational Special Account herein provided. Starting July 1,1972, until
June 30, 1982, fifty per centum (50%) of the total collections from the taxes imposed under Republic
Act Numbered fifty-four hundred and forty-eight as amended shall accrued to the Educational
Special Account. Thereafter, said portion shall accrue to the General Fund.
Section 14. Future Savings. - Such amount of savings resulting from the implementation of reforms
consequent to the management study authorized under Section 5 as may be necessary to prosecute
the projects under this Decree shall accrue to the Educational Special Account.
Section 15. Augmentation from General Fund. - In cases where funds from sources specified in
Section 10 (a), (b), (c) and (d) are not sufficient to meet the requirements in any fiscal year, such
amounts as are necessary to meet such requirements are hereby appropriated out of the funds in
the General Funds not otherwise appropriated, and transferred to the Educational Special Account.
Section 16. Tax Exemption. - The loans, credits or indebtedness incurred pursuant to this Decree,
the payment of the principal, interests and other charges thereon, the earnings of the fund created
under Section 8, as well as the importation of articles, materials, equipment, machineries and
supplies, including all building materials by the Department of Education and Culture or other offices,
agencies or instrumentalities of the government and by private or chartered entities authorized by
Education Special Committee to undertake the projects authorized in this Act shall be exempt from
all taxes, duties, fees, imposts, other charges and restrictions, including import restrictions, imposed
by the Republic of the Philippines or any of its agencies or political subdivisions. The Secretary of
Finance shall promulgate rules and regulations necessary for the purpose.
Section 17. Additional Appropriations. - There is hereby authorized to be appropriated, out of any
funds in the National Treasury not otherwise appropriated, such sums as may be necessary to pay
the principal, interests and other charges on the loans, credits or indebtedness incurred under the
authority of this Decree as and when they become due.
Section 18. Repealing Clause. - All laws, executive orders, rules or regulations or parts thereof
which are inconsistent with this Decree are hereby repealed and/or modified accordingly.
Section 19. Effectivity. - This Decree shall take effect immediately.
Done in the City of Manila, this 29th day of September, in the year of Our Lord, nineteen hundred
and seventy two.
FULL COPY
BATAS PAMBANSA BLG. 232
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September 11, 1982

AN ACT PROVIDING FOR THE ESTABLISHMENT AND MAINTENANCE OF AN INTEGRATED
SYSTEM OF EDUCATION
I. GENERAL PROVISIONS
CHAPTER 1
Preliminary Matters
Section 1. Title - This Act shall be known as the "Education Act of 1982."
Section 2. Coverage - This Act shall apply to and govern both formal and non-formal systems in
public and private schools in all levels of the entire educational system.
CHAPTER 2
Declaration of Basic State Policy and Objectives
Section 3. Declaration of Basic Policy - It is the policy of the State to established and maintain a
complete, adequate and integrated system of education relevant to the goals of national
development. Toward this end, the government shall ensure, within the context of a free and
democratic system, maximum contribution of the educational system to the attainment of the
following national developmental goals:
1. To achieve and maintain an accelerating rate of economic development and social
progress;
2. To ensure the maximum participation of all the people in the attainment and enjoyment of
the benefits of such growth; and
3. To achieve and strengthen national unity and consciousness and preserve, develop and
promote desirable cultural, moral and spiritual values in a changing world.
The State shall promote the right of every individual to relevant quality education, regardless of sex,
age, creed, socio-economic status, physical and mental conditions, racial or ethnic origin, political or
other affiliation. The State shall therefore promote and maintain equality of access to education as
well as the enjoyment of the benefits of education by all its citizens.
The state shall promote the right of the nation's cultural communities in the exercise of their right to
develop themselves within the context of their cultures, customs, traditions, interest and belief, and
recognizes education as an instrument for their maximum participation in national development and
in ensuring their involvement in achieving national unity.
Section 4. Declaration of Objectives - The educational system aim to:
1. Provide for a broad general education that will assist each individuals in the peculiar
ecology of his own society, to
(a) attain his potentials as a human being;
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(b) enhance the range and quality of individual and group participation in the basic
functions of society; and
(c) acquire the essential educational foundation of his development into a productive
and versatile citizen;
2. Train the nation's manpower in the middle-level skills for national development;
3. Develop the profession that will provide leadership for the nation in the advancement of
knowledge for improving the quality of human life; and
4. Respond effectively to changing needs and conditions of the nation through a system of
educational planning and evaluation.
Towards the realization of these objectives, and pursuant to the Constitution, all educational
institutions shall aim to inculcate love of country, teach the duties of citizenship, and develop moral
character, personal discipline, and scientific, technological, and vocational efficiency.
Furthermore, the educational system shall reach out to educationally deprived communities, in order
to give meaningful reality to their membership in the national society, to enrich their civic participation
in the community and national life, and to unify all Filipinos into a free and just nation.
II. THE EDUCATIONAL COMMUNITY

CHAPTER 1
Preliminary Provisions
Section 5. Declaration of Policy and Objectives - It is likewise declared government policy to foster,
at all times, a spirit of shared purposes and cooperation among the members and elements of the
educational community, and between the community and other sectors of society, in the realization
that only in such an atmosphere can be true goals and objectives of education be fulfilled.
Moreover, the State shall:
1. Aid and support the natural right and duty of parents in the rearing of the youth through the
educational system.
2. Promote and safeguard the welfare and interest of the students by defining their rights and
obligations, according them privileges, and encouraging the establishment of sound
relationships between them and the other members of the school community.
3. Promote the social economic status of all school personnel, uphold their rights, define
their obligations, and improve their living and working conditions and career prospects.
4. Extend support to promote the viability of those institutions through which parents,
students and school personnel seek to attain their educational goals.
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Section 6. Definition and Coverage - "Educational community" refers to those persons or groups of
persons as such or associated in institutions involved in organized teaching and learning systems.
The members and elements of the educational community are:
1. "Parents" or guardians or the head of the institution or foster home which has custody of
the pupil or student.
2. "Students," or those enrolled in and who regularly attend and educational institution of
secondary or higher level of a person engaged in formal study. "Pupils," are those who
regularly attend a school of elementary level under the supervision and tutelage of a teacher.
3 "School personnel," or all persons working for an educational institution, which includes the
following:
a. "Teaching or academic staff," or all persons engaged in actual teaching and/or
research assignments, either on full-time or part-time basis, in all levels of the
educational system.
b. "School administrators," or all persons occupying policy implementing positions
having to do with the functions of the school in all levels.
c. "Academic non-teaching personnel," or those persons holding some academic
qualifications and performing academic functions directly supportive of teaching,
such as registrars, librarians, research assistants, research aides, and similar staff.
d. "Non-academic personnel," or all other school personnel not falling under the
definition and coverage of teaching and academic staff, school administrators and
academic non-teaching personnel.
4. "Schools," or institutions recognized by the State which undertake educational operations.
Section 7. Community Participation. - Every educational institution shall provide for the
establishment of appropriate bodies through which the members of the educational community may
discuss relevant issues, and communicate information and suggestions for assistance and support
of the school and for the promotion of their common interest.
Representatives from each subgroup of the educational community shall sit and participate in these
bodies, the rules and procedures of which must be approved by them and duly published.
CHAPTER 2
Rights
Section 8. Rights of Parents - In addition to other rights under existing laws, all parents who have
children enrolled in a school have the following rights:
1. The right to organize by themselves and/or with teachers for the purpose of providing a
forum for the discussion of matters relating to the total school program, and for ensuring the
full cooperation of parents and teachers in the formulation and efficient implementation of
such programs.
19 Pineda, Keith William P.
2. The right to access to any official record directly relating to the children who are under
their parental responsibility.
Section 9. Right of Students in School - In addition to other rights, and subject to the limitation
prescribed by law and regulations, and student and pupils in all schools shall enjoy the following
rights:
1. The right to receive, primarily through competent instruction, relevant quality education in
line with national goals and conducive to their full development as person with human dignity.
2. The right to freely chose their field of study subject to existing curricula and to continue
their course therein up to graduation, except in cases of academic deficiency, or violation of
disciplinary regulations.
3. The right to school guidance and counseling services for decisions and selecting the
alternatives in fields of work suited to his potentialities.
4. The right of access to his own school records, the confidentiality of which the school shall
maintain and preserve.
5. The right to the issuance of official certificates, diplomas, transcript of records, grades,
transfer credentials and other similar documents within thirty days from request.
6. The right to publish a student newspaper and similar publications, as well as the right to
invite resource persons during assemblies, symposia and other activities of similar nature.
7. The right to free expression of opinions and suggestions, and to effective channels of
communication with appropriate academic channels and administrative bodies of the school
or institution.
8. The right to form, establish, join and participate in organizations and societies recognized
by the school to foster their intellectual, cultural, spiritual and physical growth and
development, or to form, establish, join and maintain organizations and societies for
purposes not contrary to law.
9. The right to be free from involuntary contributions, except those approved by their own he
organizations or societies.
Section 10. Rights of all School Personnel - In addition to other rights provided for by law, the
following rights shall be enjoyed by all school personnel:
1. The right to free expression of opinion and suggestions, and to effective channels of
communication with appropriate academic and administrative bodies of the school or
institution.
2. The right to be provided with free legal service by the appropriate government office in the
case of public school personnel, and through the school authorities concerned in the case of
private school personnel, when charged in an administrative, civil and/or criminal
proceedings by parties other than the school or regulatory authorities concerned for actions
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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 selfregulating organizations of their choice to promote their welfare and defend their interests.
4. The right to be free from involuntary contributions except those imposed by their own
organizations.
Section 11. Special Rights and/or Privileges of Teaching or Academic Staff - Further to the rights
mentioned in the preceding Section, every member of the teaching or academic staff shall enjoy the
following rights and/or privileges:
1. The right to be free from compulsory assignments not related to their duties as defined in
their appointments or employment contracts, unless compensated therefor, conformably to
existing law.
2. The right to intellectual property consistent with applicable laws.
3. Teachers shall be deemed persons in authority when in the discharge of lawful duties and
responsibilities, and shall, therefore, be accorded due respect and protection.
4. Teachers shall be accorded the opportunity to choose alternative career lines either in
school administration, in classroom teaching, or others, for purposes of career advancement.
Section 12. Special Rights of School Administration - School administrators shall, in accordance
with existing laws, regulations and policies of the Ministry of Education, Culture and Sports, be
accorded sufficient administrative discretion necessary for the efficient and effective performance of
their functions.
School administrators shall be deemed persons in authority while in the discharge of lawful duties
and responsibilities, and shall therefore be accorded due respect and protection.
Section 13. Rights of Schools - In addition to other rights provided for by law, schools shall enjoy the
following:
1. The right of their governing boards or lawful authorities to provide for the proper
governance of the school and to adopt and enforce administrative or management systems.
2. The right for institutions of higher learning to determine on academic grounds who shall be
admitted to study, who may teach, and what shall be subjects of the study and research.
CHAPTER 3
Duties and Obligations
Section 14. Duties of Parents. - In addition to those provided for under existing laws, all parents
shall have the following duties and obligations:
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1. Parents, individually or collectively, through the school systems, shall help carry out the
educational objectives in accordance with national goals.
2. Parents shall be obliged to enable their children to obtain elementary education and shall
strive to enable them to obtain secondary and higher education in the pursuance of the right
formation of the youth.
3. Parents shall cooperate with the school in the implementation of the school program
curricular and co-curricular.
Section 15. Duties and Responsibilities of Students - In addition to those provided for under existing
laws, every student shall:
1. Exert his utmost to develop his potentialities for service, particularly by undergoing an
education suited to his abilities, in order that he may become an asset to his family and to
society.
2. Uphold the academic integrity of the school, endeavor to achieve academic excellence
and abide by the rules and regulations governing his academic responsibilities and moral
integrity.
3. Promote and maintain the peace and tranquility of the school by observing the rules and
discipline, and by exerting efforts to attain harmonious relationships with fellow students, the
teaching and academic staff and other school personnel.
4. Participate actively in civic affairs and in the promotion of the general welfare, particularly
in the social, economic and cultural development of his community and in the attainment of a
just, compassionate and orderly society.
5. Exercise his rights responsibly in the knowledge that he is answerable for any
infringement or violation of the public welfare and of the rights of others.
Section 16. Teacher's Obligations - Every teacher shall:
1. Perform his duties to the school by discharging his responsibilities in accordance with the
philosophy, goals, and objectives of the school.
2. Be accountable for the efficient and effective attainment of specified learning objectives in
pursuance of national development goals within the limits of available school resources.
3. Render regular reports on performance of each student and to the latter and the latter's
parents and guardians with specific suggestions for improvement.
4. Assume the responsibility to maintain and sustain his professional growth and
advancement and maintain professionalism in his behavior at all times.
5. Refrain from making deductions in students' scholastic rating for acts that are clearly not
manifestations of poor scholarship.
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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 nonacademic staff on their actual performance in relation to their expected performance and
counsel them on ways of improving the same.
6. Observe due process, fairness, promptness, privacy, constructiveness and consistency in
disciplining his teachers and other personnel.
7. Maintain adequate records and submit required reports to the Ministry of Education,
Culture and Sports.
Section 18. Obligations of Academic Non-Teaching Personnel - Academic non-teaching personnel
shall:
1. Improve himself professionally be keeping abreast of the latest trends and techniques in
his profession.
2. Assume, promote and maintain an atmosphere conducive to service and learning.
3. Promote and maintain an atmosphere conducive to service and learning.
III. THE EDUCATIONAL SYSTEMS

CHAPTER 1
Formal Education
Section 19. Declaration of Policy. - The State recognizes that formal education, or the school
system, in society's primary learning system, and therefore the main instrument for the achievement
of the country's educational goals and objectives.
23

Section 20. Definition - "Formal Educational" refers to the hierarchically structured and
chronologically graded learning organized and provided by the formal school system and for which
certification is required in order for the learner to progress through the grades or move to higher
levels. Formal education shall correspond to the following levels:
1. Elementary Education. - the first stage of compulsory, formal education primarily
concerned with providing basic education and usually corresponding to six or seven grades,
including pre-school programs.
2. Secondary Education. - the state of formal education following the elementary level
concerned primarily with continuing basic education and expanding it to include the learning
of employable gainful skills, usually corresponding to four years of high school.
3. Tertiary Education. - post secondary schooling is higher education leading to a degree in a
specific profession or discipline.
Section 21. Objectives of Elementary Education - The objectives of elementary education are:
1. To provide the knowledge and develop the skills, attitudes, and values essential to
personal development and necessary for living in and contributing to a developing and
changing social milieu;
2. To provide learning experiences which increase the child's awareness of and
responsiveness to the changes in and just demands of society and to prepare him for
constructive and effective involvement;
3. To promote and intensify the child's knowledge of, identification with, and love for the
nation and the people to which he belongs; and
4. To promote work experiences which develop the child's orientation to the world of work
and creativity and prepare himself to engage in honest and gainful work.
Section 22. Objectives of Secondary Education. - The objectives of secondary education are:
1. To continue to promote the objectives of elementary education; and
2. To discover and enhance the different aptitudes and interests of the students so as to
equip him with skills for productive endeavor and/or prepare him for tertiary schooling.
Section 23. Objective of Tertiary Education. - The objectives of tertiary education are:
1. To provide a general education program that will promote national identity, cultural
consciousness, moral integrity and spiritual vigor;
2. To train the nation's manpower in the skills required for national development;
3. To develop the professions that will provide leadership for the nation; and
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4. To advance knowledge through research work and apply new knowledge for improving the
quality of human life and responding effectively to changing societal needs and conditions.
CHAPTER 2
Non-Education and Specialized Educational Services
Section 24. Specialized Educational Service - The State further recognizes its responsibility to
provide, within the context of the formal education system, services to meet special needs of certain
clientele. These specific types, which shall be guided by the basic policies of the State embodied in
the General Provisions of this Act, include:
1. "Work Education," or "Practical Arts," as a program of basic education which aims to
develop the right attitudes towards work; and "technical-vocational education," postsecondary but non-degree programs leading to one, two, or three year certificates in
preparation for a group of middle-level occupations.
2. "Special Education," the education of persons who are physically, mentally, emotionally,
socially, or culturally different from the so-called "normal" individuals that they require
modification of school practices/services to develop them to their maximum capacity; and
3. "Non-formal Education," any organized school-based educational activities undertaken by
the Ministry of Education, Culture and Sports and other agencies aimed at attaining specific
learning objectives for a particular clientele, especially the illiterates and the out-of-school
youth and adults, distinct from and outside the regular offerings of the formal school system.
The objectives of non-formal education are as follows:
a. To eradicate illiteracy and raise the level of functional literacy of the population;
b. To provide unemployed and underemployed youth and adults with appropriate
vocational/technical skills to enable them to become more productive and effective
citizens; and
c. To develop among the clientele of non-formal education proper values and
attitudes necessary for personal, community and national development.
CHAPTER 3
Establishment of Schools
Section 25. Establishment of Schools - All schools shall be established in accordance with law. The
establishment of new national schools and the conversion of existing schools from elementary to
national secondary or tertiary schools shall be by law: Provided, That any private school proposed to
be established must incorporate as an non-stock educational corporation in accordance with the
provisions of the Corporation Code of the Philippines. This requirement to incorporate may be
waived in the case of family-administered pre-school institutions.
Government assistance to such schools for educational programs shall be used exclusively for that
purpose.
Section 26. Definition of Terms - The terms used in this Chapter are defined as follows:
25

1. "Schools" are duly established institutions of learning or educational institutions.
2. "Public Schools" are educational institutions established and administered by the
government.
3. "Private Schools" are educational institutions maintained and administered by private
individuals or groups.
Section 27. Recognition of Schools - The educational operations of schools shall be subject to their
prior authorization of the government, and shall be affected by recognition. In the case of
government operated schools, whether local, regional, or national, recognition of educational
programs and/or operations shall be deemed granted simultaneously with establishment.
In all other case the rules and regulations governing recognition shall be prescribed and enforced by
the Ministry of Education, Culture and Sports defining therein who are qualified to apply, providing
for a permit system, stating the conditions for the grant of recognition and for its cancellation and
withdrawal, and providing for related matters.
Section 28. Effects of Recognition; Punishable Violations - The issuance of a certificate of
recognition to a school shall have the following effects:
1. It transforms the temporary permit to a permanent authority to operate;
2. It entitled the school or college to give the students who have completed the course for
which recognition is granted, a certificate, title or diploma; and
3. It shall entitle the students who have graduated from said recognized course or courses to
all the benefits and privileges enjoyed by graduates in similar courses of studies in all
schools recognized by the government.
Operation of schools and educational programs without authorization, and/or operation thereof in
violation of the terms of recognition, are hereby declared punishable violations subject to the
penalties provided in this Act.
Section 29. Voluntary Accreditation - The Ministry shall encourage programs of voluntary
accreditation for institution which desire to meet standards of quality over and above minimum
required for State recognition.
CHAPTER 4
Internal Organization of Schools
Section 30. Organization of Schools - Each school shall establish such internal organization as will
best enable it to carry out its academic and administrative functions, subject to limitations provided
by law.
Each school establish such arrangements for the peaceful settlement of disputes between or among
the members of the educational community.
26

Section 31. Governing Board - Every government college or university as a tertiary institution and
every private school shall have a governing board pursuant to its charter or the Corporation Code of
the Philippines, as the case may be.
Section 32. Personnel Transactions - The terms and conditions of employment of personnel in
government schools shall be governed by the Civil Service, budgetary and compensation laws and
rules.
In private schools, dispute arising from employer-employee relations shall fall under the jurisdiction
of the Ministry of Labor and Employment as provided for by law regulations: Provided, That in view
of the special employment status of the teaching and academic non-teaching personnel, and their
special roles in the advancement of knowledge, standards set or promulgated jointly by the Ministry
of Education, Culture and Sports and by the Ministry of Labor and Employment shall be applied by
the Ministry of Labor and Employment: Provided, further, That every private school shall establish
and implement an appropriate system within the school for the prompt and orderly settlement of
provisions of Articles 262 and 263 of the Labor Code.
CHAPTER 5
School Finance and Assistance
Section 33. Declaration of Policy - It is hereby declared to be the policy of the State that the national
government shall contribute to the financial support of educational programs pursuant to goals of
education as declared in the Constitution. Towards this end, the government shall:
1. Adopt measures to broaden access to education through financial assistance and other
forms of incentives to schools, teachers, pupils and students; and
2. Encourage and stimulate private support to education through, inter alia, fiscal and other
assistance measures.
A. FUNDING OF REPUBLIC SCHOOLS
Section 34. National Funds - Public school shall continue to be funded from national funds:
Provided, That local governments shall be encouraged to assume operation of local public schools
on the basis of national fund participation and adequate revenue sources which may be assigned by
the national government for the purpose.
Section 35. Financial Aid Assistance to Public Secondary Schools - The national government shall
extend financial aid and assistance to public secondary schools established and maintained by local
governments, including barangay high schools.
Section 36. Share of Local Government - Provinces, cities and municipalities and barangays shall
appropriate funds in their annual budgets for the operation and maintenance of public secondary
schools on the basis of national fund participation.
Section 37. Special Education Fund - The proceeds of the Special Education Fund accruing to local
governments shall be used exclusively for the purposes enumerated in Section 1 of Republic Act No.
5447, and in accordance with rules and regulations issued by the Ministry of Education, Culture and
Sports and the Ministry of the Budget. Said proceeds shall be considered a local fund and shall be
27

subject to Presidential Decrees No. 477, Presidential Decree No. 1375 and other applicable local
budget laws and regulations.
Section 38. Tuition and other School Fees - Secondary and post-secondary schools may charge
tuition and other school fees, in order to improve facilities or to accommodate more students.
Section 39. Income from other Sources - Government-supported educational institution may receive
grants, legacies, donations and gifts for purposes allowed by existing laws.
Furthermore, income generated from production activities and from auxiliary enterprises may be
retained and used for schools concerned in accordance with rules and regulations jointly issued
consistently with pertinent appropriation and budgetary laws by the Ministry of the Budget, the
Ministry of Education, Culture and Sports and the Commission on Audit.
B. FUNDING OF PRIVATE SCHOOLS
Section 40. Funding of Private Schools - Private schools may be funded from their capital
investment or equity contributions, tuition fees and other school charges, grants, loans, subsidies,
passive investment income and income from other sources.
Section 41. Government Assistance - The government, in recognition of their complementary role in
the educational system, may provide aid to the programs of private schools in the form of grants or
scholarships, or loans from government financial institutions: Provided, That such programs meet
certain defined educational requirements and standards and contribute to the attainment of national
development goals.
Section 42. Tuition and Other Fees - Each private school shall determine its rate of tuition and other
school fees or charges. The rates and charges adopted by schools pursuant to this provision shall
be collectible, and their application or use authorized, subject to rules and regulations promulgated
by the Ministry of Education, Culture and Sports.
Section 43. Income from Other Sources - Any private school duly recognized by the government,
may receive any grant and legacy, donation, gift, bequest or devise from any individual, institution,
corporation, foundation, trust of philanthropic organization, or research institution or organization as
may be authorized by law.
Furthermore, private schools are authorized to engage in any auxiliary enterprise to generate
income primarily to finance their educational operations and/or to reduce the need to increase
students' fees.
Section 44. Institutional Funds - The proceeds from tuition fees and other school charges, as well as
other income of schools, shall be treated as institutional funds. Schools may pool their institutional
funds, in whole or in part, under joint management for the purpose of generating additional financial
resources.
C. INCENTIVES TO EDUCATION
Section 45. Declaration of Policy - It is the policy of the State in the pursuit of its national education
development goals to provide an incentive program to encourage the participation of the community
in the development of the educational sector.
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Section 46. Relating to School Property - Real property, such as lands, buildings and other
improvements thereon used actually, directly and exclusively for educational purposes shall be
subject to the real property tax based on an assessment of fifteen per cent of the market value of
such property: Provided, That all the proceeds from the payment thereof shall accrue to a special
private education fund which shall be managed and disbursed by a local private school board which
shall be constituted in each municipality or chartered city with private educational institutions with the
mayor or his representative as chairman and not more than two representatives of the institutional
taxpayers, and, likewise, not more than two residents of the municipality or chartered city who are
alumni of any of the institutional taxpayers as members: Provided, further, That fifty percent of the
additional one percent tax on real estate property provided for under Republic Act 5447, shall accrue
to the special private education fund: Provided, finally, That in municipalities or chartered cities
wherein the number of private institutions with individual enrollment of pupils and students over five
thousand exceeds fifteen, the members of the private school board shall be increased to not more
than fourteen members determined proportionately by the Minister of Education, Culture and Sports.
The private school board shall adopt its own rules which shall enable it to finance the annual
programs and projects of each institutional taxpayer for the following purposes; student-pupil
scholarships; improvement of instructional, including laboratory, facilities and/or equipment; library
books and periodicals acquisition; and extension service in the community, in that order of priority.
Section 47. Relating to Gifts or Donations to Schools - All gifts or donation in favor of any school,
college or university recognized by the Government shall not be subject to tax; Provided, That such
gifts or donations shall be for improvement of classrooms and laboratory of library facilities, and shall
not inure to the benefit of any officer, director, official, or owner or owners of the school, or paid out
as salary, adjustments or allowance of any form or nature whatsoever, except in support of faculty
and/or professorial chairs.
Section 48. Relating to Earnings from Established Scholarship Funds - All earnings from the
investment of any duly established scholarship fund of any school recognized by the government,
constituted from gifts to the school, and/or from contributions or other resources assigned to said
fund by the school, if said earnings are actually used to fund additional scholarship grants to
financially deserving students shall be exempt from tax until the scholarship fund is fully liquidated,
when the outstanding balance thereof shall be subject to tax.
Section 49. School Dispersal Program - All gains realized from the sale, disposition or transfer of
property, real or personal, of any duly established private school, college or university, in pursuance
of a school dispersal program of the government or of the educational institution as approved by the
government, shall be considered exempt from tax if the total proceeds of the sale are reinvested in a
new or existing duly established school, college, or university located in the dispersal site, within one
(1) year from the date of such sale, transfer or disposition; otherwise, all taxes due on the gains
realized from the transaction shall immediately become due and payable.
Section 50. Conversion to Educational Foundations - An educational institution may convert itself
into a non-stock, non-profit educational foundation, in accordance with the implementing rules to be
issued jointly by the Ministry of Education, Culture and Sports and the Ministry of Finance.
In the case of stock corporations, if for any reason its corporate existence as an educational
institution ceases and is not renewed, all its net assets after liquidation of the liabilities and other
obligations may be conveyed and transferred to any non-profit educational institution or successor
non-profit educational institution or to be used in such manner as in the judgment of said court will
best accomplish the general purposes for which the dissolved organization was organized, or to the
State.
29

D. ASSISTANCE TO STUDENTS
Section 51. Government Assistance to Students - The government shall provide financial assistance
to financially disadvantaged and deserving students. Such assistance may be in the form of State
scholarships, grants-in-aid, assistance from the Educational Loan Fund, or subsidized tuition rates in
State colleges and universities.
All the above and similar assistance programs shall provide for reserve quotas for financially needed
but academically qualified students from the national cultural communities.
Section 52. Grant of Scholarship Pursuant to Existing Laws - Educational institutions shall be
encouraged to grant scholarships to students pursuant to the provisions of existing laws and such
scholarship measures as may hereafter be provided for by law.
Section 53. Assistance from the Private Sector - The private sector, especially educational
institutions, business and industry, shall be encouraged to grant financial assistance to students,
especially those undertaking research in the fields of science and technology or in such projects as
may be necessary within the context of national development.
IV. THE MINISTRY OF EDUCATION, CULTURE AND SPORTS

CHAPTER 1
GENERAL PROVISIONS
Section 54. Declaration of Policy - The administration of the education system and, pursuant to the
provisions of the Constitution, the supervision and regulation of educational institutions are hereby
vested in the Ministry of Education, Culture and Sports, without prejudice to the provisions of the
charter of any state college and university.
Section 55. Organization - The Ministry shall be headed by the Minister of Education, Culture and
Sports who shall be assisted by one or more Deputy Ministers.
The organization of the Ministry shall consist of (a) the Ministry Proper composed of the immediate
Office of the Minister, and the Services of the Ministry, (b) the Board of Higher Education, which is
hereby established, (c) the Bureau of Elementary Education, the Bureau of Secondary Education,
the Bureau of Higher Education, the Bureau of Technical and Vocational Education, and the Bureau
of Continuing Education, which are hereby established, (d) Regional offices and field offices, (e) the
National Scholarship Center and such other agencies as are now or may be established pursuant to
law, and (f) the cultural agencies, namely: the National Library, the National Historical Institute, the
National Museum, and the Institute of National Language. Such of the above offices as are created
or authorized to be established under this provision, shall be organized and staffed and shall
function, subject to the approval of the President, upon recommendation of the Minister of
Education, Culture and Sports in consultation with the Presidential Commission on Reorganization.
Section 56. The National Board of Education is hereby abolished, and its appropriations, personnel,
records, and equipment are hereby transferred to the Office of the Minister of Education, Culture and
Sports.
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Section 57. Functions and Powers of the Ministry - The Ministry shall:
1. Formulate general education objectives and policies, and adopt long-range educational
plans;
2. Plan, develop and implement programs and projects in education and culture;
3. Promulgate rules and regulations necessary for the administration, supervision and
regulation of the educational system in accordance with declared policy;
4. Set up general objectives for the school system;
5. Coordinate the activities and functions of the school system and the various cultural
agencies under it;
6. Coordinate and work with agencies concerned with the educational and cultural
development of the national cultural communities; and
7. Recommend and study legislation proposed for adoption.
Section 58. Report to the Batasang Pambansa. - The Minister of Education, Culture and Sports
shall make an annual report to the Batasang Pambansa on the implementation of the national basic
education plan, the current condition of the education programs, the adequacy or deficiency of the
appropriations and status of expenditures, the impact of education on the different regions, the
growth of enrollment, the adequacy of academic facilities, the concentration of low income groups, or
the supply of teaching and non-teaching personnel, with such comments and appropriate
recommendations thirty (30) days before the opening of its regular session.
CHAPTER 2
BOARD OF HIGHER EDUCATION
Section 59. Declaration of Policy - Higher education will be granted towards the provision of better
quality education, the development of middle and high-level manpower, and the intensification of
research and extension services. The main thrust of higher education is to achieve equity, efficiency,
and high quality in the institutions of higher learning both public and private, so that together they will
provide a complete set of program offerings that meet both national and regional development
needs.
Section 60. Organization of the Board of Higher Education - The Board of Higher Education is
reconstituted as an advisory body to the Minister of Education, Culture and Sports. The Board shall
be composed of a Deputy Minister of Education, Culture and Sports designated as Chairman and
four other members to be appointed by the President of the Philippines upon nomination by the
Minister of Education, Culture and Sports for a term of four years. The four members shall have
distinguished themselves in the field of higher education and development either in the public or
private sector. In the initial appointment of the non-ex officio members, the first appointee shall serve
for a term of four years; the second for a term of three years; the third for a term of two years; and
the fourth for a term of one year. The Director of the Bureau of Higher Education shall participate in
the deliberation of the Board but without the right to vote. The Bureau of Higher Education shall
provide the Board with the necessary technical and staff support: Provided, That the Board may
create technical panels of experts in the various disciplines as the need arises.
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Section 61. Function of the Board of Higher Education. - The Board shall:
1. Make policy recommendations regarding the planning and management of the integrated
system of higher education and the continuing evaluation thereof.
2. Recommend to the Minister of Education, Culture and Sports steps to improve the
governance of the various components of the higher education system at national and
regional levels.
3. Assist the Minister of Education, Culture and Sports in making recommendation relatives
to the generation of resources and their allocation for higher education.
CHAPTER 3
THE BUREAUS
Section 62. Bureau of Elementary Education - The Bureau shall perform the following functions:
1. Conduct studies and formulate, develop, and evaluate programs and educational
standards for elementary education;
2. Undertake studies necessary for the preparation of prototype curricular designs,
instructional materials, and teacher training programs for elementary education; and
3. Formulate guidelines to improve elementary school physical plants and equipment, and
general management of these schools.
Section 63. Bureau of Secondary Education - The Bureau shall perform the following functions:
1. Conduct studies and formulate, develop and evaluate programs and educational
standards for secondary education;
2. Develop curricular designs, prepare instructional materials, and prepare and evaluate
programs to update the quality of the teaching and non-teaching staff at the secondary level;
3. Formulate guidelines to improve the secondary school physical plants and equipment, and
general management of these schools.
Section 64. Bureau of Technical and Vocational Education. - The Bureau shall perform the following:
1. Collaborate with other agencies in the formulation of manpower plans;
2. Conduct studies, formulate, develop and evaluate post-secondary vocational-technical
programs and recommend educational standards for these programs;
3. Develop curricular designs and prepare instructional materials, prepare and evaluate
programs to upgrade the quality of teaching and non-teaching staff, and formulate guidelines
to improve the physical plant and equipment of post-secondary vocational-technical schools.
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Section 65. Bureau of Higher Education - The Bureau of higher Education shall perform the
following functions:
1. Develop, formulate and evaluate programs, projects and educational standards for a
higher education;
2. Provide staff assistance to the Board of Higher Education in its policy formulation and
advisory functions;
3. Provide technical assistance to encourage institutional development programs and
projects;
4. Compile, analyze and evaluate data on higher education; and
5. Perform other functions provided for by law.
Section 66. Bureau of Continuing Education - As the main implementing arm of the non-formal
education programs of the Ministry, the Bureau shall provide learning programs or activities that
shall:
1. Serve as a means of meeting the learning needs of those unable to avail themselves of
the educational services and programs of formal education;
2. Provide opportunities for the acquisition of skills necessary to enhance and ensure
continuing employability, efficiency, productivity, and competitiveness in the labor market;
3. Serve as a means for expanding access to educational opportunities to citizens of varied
interests, demographic characteristics and socio-economic origins or status.
CHAPTER 4
REGIONAL OFFICES
Section 67. Functions - A regional office shall:
1. Formulate the regional plan of education based on the national plan of the Ministry taking
into account the specific needs and special traditions of the region;
2. Implement education laws, policies, plans, programs, rules and regulations of the Ministry
or agency in the regional area;
3. Provide economical, efficient and effective education services to the people in the area.
V. MISCELLANEOUS PROVISIONS
CHAPTER 1
PENAL ADMINISTRATIVE SANCTIONS
33

Section 68. Penalty Clause - Any person upon conviction for an act in violation of Section 28,
Chapter 3, Title III above, shall be punished with a fine of not less than two thousand pesos
(P2,000.00) nor more than ten thousand pesos (P10,000.00) or imprisonment for a maximum period
of two (2) years, or both, in the discretion of the court.
If the act is committed by a school corporation, the school head together with the person or persons
responsible for the offense or violation shall be equally liable.
Section 69. Administrative Sanction - The Minister of Education, Culture and Sports may prescribe
and impose such administrative sanction as he may deem reasonable and appropriate in the
implementing rules and regulations promulgated pursuant to this Act for any of the following causes:
1. Mismanagement of school operations;
2. Gross inefficiency of the teaching or non-teaching personnel;
3. Fraud or deceit committed in connection with the application for Ministry permit or
recognition;
4. Failure to comply with conditions or obligations prescribed by this Code or its
implementing rules and regulations; and
5. Unauthorized operation of a school or course, or any component thereof, or any violation
of the requirement governing advertisements or announcements of educational institutions.
Sanctions against the schools shall be without prejudice to the interest of the students, teachers and
employees.
CHAPTER 2
ADMINISTRATIVE PROVISIONS
Section 70. Rule-making Authority - The Minister Education, Culture and Sports charged with the
administration and enforcement of this Act, shall promulgate the necessary implementing rules and
regulations.
Section 71. Separability Provision - Any part or provision of this Act which may held invalid or
unconstitutional shall not affect its remaining parts of provisions.
Section 72. Repealing Clause - All laws or parts thereof inconsistent with any provision of this Act
shall be deemed repealed or modified, as the case may be.
Section 73. Effectivity - This Act shall take effect upon its approval.
Approved, September 11, 1982.
FULL TEXT
ARTICLE XIV
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EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS
EDUCATION
Section 1. The State shall protect and promote the right of all citizens to quality
education at all levels, and shall take appropriate steps to make such education
accessible to all.
Section 2. The State shall:
(1) Establish, maintain, and support a complete, adequate, and integrated system of
education relevant to the needs of the people and society;
(2) Establish and maintain a system of free public education in the elementary and high
school levels. Without limiting the natural right of parents to rear their children,
elementary education is compulsory for all children of school age;
(3) Establish and maintain a system of scholarship grants, student loan programs,
subsidies, and other incentives which shall be available to deserving students in both
public and private schools, especially to the underprivileged;
(4) Encourage non-formal, informal, and indigenous learning systems, as well as selflearning, independent, and out-of-school study programs particularly those that respond
to community needs; and
(5) Provide adult citizens, the disabled, and out-of-school youth with training in civics,
vocational efficiency, and other skills.
Section 3. (1) All educational institutions shall include the study of the Constitution as
part of the curricula.
(2) They shall inculcate patriotism and nationalism, foster love of humanity, respect for
human rights, appreciation of the role of national heroes in the historical development of
the country, teach the rights and duties of citizenship, strengthen ethical and spiritual
values, develop moral character and personal discipline, encourage critical and creative
thinking, broaden scientific and technological knowledge, and promote vocational
efficiency.
(3) At the option expressed in writing by the parents or guardians, religion shall be
allowed to be taught to their children or wards in public elementary and high schools
within the regular class hours by instructors designated or approved by the religious
authorities of the religion to which the children or wards belong, without additional cost
to the Government.
35

Section 4.(1) The State recognizes the complementary roles of public and private
institutions in the educational system and shall exercise reasonable supervision and
regulation of all educational institutions.
(2) Educational institutions, other than those established by religious groups and
mission boards, shall be owned solely by citizens of the Philippines or corporations or
associations at least sixty per centum of the capital of which is owned by such citizens.
The Congress may, however, require increased Filipino equity participation in all
educational institutions.
The control and administration of educational institutions shall be vested in citizens of
the Philippines.
No educational institution shall be established exclusively for aliens and no group of
aliens shall comprise more than one-third of the enrollment in any school. The
provisions of this subsection shall not apply to schools established for foreign diplomatic
personnel and their dependents and, unless otherwise provided by law, for other foreign
temporary residents.
(3) All revenues and assets of non-stock, non-profit educational institutions used
actually, directly, and exclusively for educational purposes shall be exempt from taxes
and duties. Upon the dissolution or cessation of the corporate existence of such
institutions, their assets shall be disposed of in the manner provided by law.
Proprietary educational institutions, including those cooperatively owned, may likewise
be entitled to such exemptions, subject to the limitations provided by law, including
restrictions on dividends and provisions for reinvestment.
(4) Subject to conditions prescribed by law, all grants, endowments, donations, or
contributions used actually, directly, and exclusively for educational purposes shall be
exempt from tax.
Section 5. (1) the State shall take into account regional and sectoral needs and
conditions and shall encourage local planning in the development of educational
policies and programs.
(2) Academic freedom shall be enjoyed in all institutions of higher learning.
(3) Every citizen has a right to select a profession or course of study, subject to fair,
reasonable, and equitable admission and academic requirements.
(4) The State shall enhance the right of teachers to professional advancement. Nonteaching academic and non-academic personnel shall enjoy the protection of the State.
36

(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.
LANGUAGE
Section 6. The national language of the Philippines is Filipino. As it evolves, it shall be
further developed and enriched on the basis of existing Philippine and other languages.
Subject to provisions of law and as the Congress may deem appropriate, the
Government shall take steps to initiate and sustain the use of Filipino as a medium of
official communication and as language of instruction in the educational system.
Section 7. For purposes of communication and instruction, the official languages of the
Philippines are Filipino and, until otherwise provided by law, English.
The regional languages are the auxiliary official languages in the regions and shall
serve as auxiliary media of instruction therein.
Spanish and Arabic shall be promoted on a voluntary and optional basis.
Section 8. This Constitution shall be promulgated in Filipino and English and shall be
translated into major regional languages, Arabic, and Spanish.
Section 9. The Congress shall establish a national language commission composed of
representatives of various regions and disciplines which shall undertake, coordinate,
and promote researches for the development, propagation, and preservation of Filipino
and other languages.
SCIENCE AND TECHNOLOGY
Section 10. Science and technology are essential for national development and
progress. The State shall give priority to research and development, invention,
innovation, and their utilization; and to science and technology education, training, and
services. It shall support indigenous, appropriate, and self-reliant scientific and
technological capabilities, and their application to the countrys productive systems and
national life.
Section 11. The Congress may provide for incentives, including tax deductions, to
encourage private participation in programs of basic and applied scientific research.
Scholarships, grants-in-aid, or other forms of incentives shall be provided to deserving
science students, researchers, scientists, inventors, technologists, and specially gifted
citizens.
37

Section 12. The State shall regulate the transfer and promote the adaptation of
technology from all sources for the national benefit. It shall encourage the widest
participation of private groups, local governments, and community-based organizations
in the generation and utilization of science and technology.
Section 13. The State shall protect and secure the exclusive rights of scientists,
inventors, artists, and other gifted citizens to their intellectual property and creations,
particularly when beneficial to the people, for such period as may be provided by law.
ARTS AND CULTURE
Section 14. The State shall foster the preservation, enrichment, and dynamic evolution
of a Filipino national culture based on the principle of unity in diversity in a climate of
free artistic and intellectual expression.
Section 15. Arts and letters shall enjoy the patronage of the State. The State shall
conserve, promote, and popularize the nations historical and cultural heritage and
resources, as well as artistic creations.
Section 16. All the countrys artistic and historic wealth constitutes the cultural treasure
of the nation and shall be under the protection of the State which may regulate its
disposition.
Section 17. The State shall recognize, respect, and protect the rights of indigenous
cultural communities to preserve and develop their cultures, traditions, and institutions.
It shall consider these rights in the formulation of national plans and policies.
Section 18. (1) The State shall ensure equal access to cultural opportunities through the
educational system, public or private cultural entities, scholarships, grants and other
incentives, and community cultural centers, and other public venues.
(2) The State shall encourage and support researches and studies on the arts and
culture.
SPORTS
Section 19. (1) The State shall promote physical education and encourage sports
programs, league competitions, and amateur sports, including training for international
competitions, to foster self-discipline, teamwork, and excellence for the development of
a healthy and alert citizenry.
(2) All educational institutions shall undertake regular sports activities throughout the
country in cooperation with athletic clubs and other sectors.
38


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Foundations of Education

Legal Bases of the Philippine Education System

MAJOR LAWS WHICH STIPULATE THE

Pineda, Keith William P.

Pineda, Keith William P.

Pineda, Keith William P.

Duty to cooperate with the school in the implementation of the school

Rights and Duties of Students

Right to receive, primarily through competent instruction, relevant quality

Right to school guidance and counselling services.

Right to the issuance of official certificates, diplomas, transcript of records,

Right to publish a school newspaper.

Right to free expression of opinions and suggestions and to effective

Right to form, establish, and join organizations.

Right to be free from involuntary contributions, except those approve by their

Duty to exert his utmost to develop his potentialities.

Duty to uphold the academic integrity of the school.

Duty to promote the peace and tranquillity of the school.

Pineda, Keith William P.

Duty to exert his rights responsibly.

EXECUTIVE ORDER NO. 117, s. 1987 (REORGANIZATION OF DECS)

Pineda, Keith William P.

Right to be informed of the charges in writing.

Hours of Work and Remuneration

Pineda, Keith William P.

PHILIPPINE EDUCATIONAL PRACTICES AND OTHER LEGAL

Pineda, Keith William P.

Pineda, Keith William P.

Stretched the school year from 185 200 days.

Pineda, Keith William P.

Pineda, Keith William P.

Pineda, Keith William P.

Pineda, Keith William P.

Pineda, Keith William P.

Pineda, Keith William P.

Pineda, Keith William P.

BATAS PAMBANSA BLG. 232

September 11, 1982

Pineda, Keith William P.

Pineda, Keith William P.

II. THE EDUCATIONAL COMMUNITY

Pineda, Keith William P.

Pineda, Keith William P.

Pineda, Keith William P.

Pineda, Keith William P.

III. THE EDUCATIONAL SYSTEMS

Pineda, Keith William P.

Pineda, Keith William P.

Pineda, Keith William P.

Pineda, Keith William P.

Pineda, Keith William P.

Pineda, Keith William P.

Pineda, Keith William P.

IV. THE MINISTRY OF EDUCATION, CULTURE AND SPORTS

Pineda, Keith William P.

Pineda, Keith William P.

Pineda, Keith William P.

Pineda, Keith William P.

Pineda, Keith William P.

Pineda, Keith William P.

Pineda, Keith William P.

Pineda, Keith William P.

Pineda, Keith William P.