executive order no 117
TRANSCRIPT
Some Legal Bases of Philippine Education
EDUCATIONAL DECREE OF 1863: The decree provided for the establishment of primary school for boys and girls in each town of the country.
ACT NO. 74 OF 1901: Enacted into law by the Philippine Commission, the Act created the Department of Public Instruction, laid the foundations of the public school system in the Philippines, provided for the establishment of the Philippine Normal School in Manila and made English as the medium of instruction. (In 1949, the Philippine Normal School was made a teachers' college by virtue of RA 416 and, in 1991, it became a full-pledge university by virtue of RA 7168.)
ACT NO. 1870 OF 1908: The law served as the legal basis for the creation of the University of the Philippines.
VOCATIONAL ACT OF1927: Also known as Act No. 3377, the Vocational Act as amended by other acts laid the foundations of vocational education in public schools and made provisions for its support.
EDUCATION ACT OF 1940: Also known as Commonwealth Act No. 586, the Education Act laid the foundations for the present six-year elementary course and made provisions for its support.
REORGANIZATION ACT OF 1947: The Act placed public and private schools under the supervision and control of the Bureau of Public and Private Schools.
REPUBLIC ACT 5250 OF 1966: The Act provided the legal basis for the implementation of a ten-year teacher education program in special education.
DEPARTMENT OF EDUCATION, CULTURE AND SPORTS (DECS) ORDER NO. 25 OF 1974: Popularly known as the Bilingual Education Program of 1974, the Order required the use of English as medium of instruction for science and mathematics subjects and the use of Filipino as medium of instruction for all other subjects in the elementary and high school levels.
PRESIDENTIAL DECREE NO. 1006 OF 1976: The Decree was a legal and formal recognition of teachers as professionals and teaching as a profession.
REPUBLIC ACT NO. 5698: The Act created the Legal Education Board whose task was to regulate and improve the quality of law schools in the Philippines in order to stop the increasing number of examinees who fail to pass the bar examinations given every year.
REPUBLIC ACT 6655 OF 1988: Popularly known as the Free Public Secondary Education Act of 1988, the Act created a system of free education in public high schools.
DEPARTMENT OF EDUCATION, CULTURE AND SPORTS (DECS) ORDER NO. 49 OF 1992: This Order serves as the guideline for the selection of honor students in all public and private high schools. All these schools were required to choose one (1) "valedictorian" and one (1) "salutatorian," and to set the limit of the number of "honorable mention" to one percent of the graduating students. The "eligibility requirements" for becoming an honor student are the following: 1) No grade below 80 in any subject and no failing grade in any subject in the first two curriculum years; 2) Completed third and fourth year studies in the same secondary school; 3) Completed the high school curriculum within the prescribed year; 4) Active membership in two clubs during the third and fourth years in high school; and 5) Conformed to school rules and policies.
DEPARTMENT OF EDUCATION, CULTURE AND SPORTS (DECS) ORDER NO. 1 OF 1994: This Order increased the number of school days to 200 days (42 calendar weeks) inclusive of
examination days for public and private schools. (This department order is similar to RA 7791 which increased the number of school days from 185 to 200 days.
DEPARTMENT OF EDUCATION, CULTURE AND SPORTS (DECS) ORDER NO. 37 OF 1994: The Order required all grade VI elementary students to take the National Elementary Assessment Test (NEAT) that is given on the 13th Tuesday following the opening of the school year. The assessment test consists of a battery of tests of the multiple choice type. There are four subject areas: English, mathematics, science and heograpiya/kasaysayan/sibika (geography/history/civics).
DEPARTMENT OF EDUCATION, CULTURE AND SPORTS (DECS) ORDER NO. 38 OF 1994: The Order required all senior high school students to take the National Secondary Assessment Test (NSAT) that is given on the 13th Friday following the opening of the school year, or three days after the NEAT has been given. The assessment test consists of a battery of tests and there are four subject areas: English and Filipino proficiencies, mathematics, vocational aptitude and science & technology. (The test is not a requirement for college admission.)
REPUBLIC ACT NO. 7731: The Act abolished the National College Entrance Examinations or NCEE to give the marginalized students a greater chance to gain access to college education.
REPUBLIC ACT NO. 7722: Also known as the Higher Education Act of 1994, the Act created the Commission on Higher Education (CHED) whose main task is to regulate and develop tertiary education in the Philippines.
REPUBLIC ACT NO. 7796: Also known as the Technical Education and Skills Development Act (TESDA) of 1994, the Act's objective was to provide relevant and quality technical education that is accessible to all and to create the agency that will manage technical education and skills development in the Philippines.
REPUBLIC ACT NO. 7836 OF 1994: Known as the Philippine Teachers Professionalization Act of 1994, the Act made it mandatory for people pursuing a career in teaching to take the licensure examinations that are administered and regulated by the Professional Regulatory Commission.
DEPARTMENT OF EDUCATION (DEPED) ORDER NO. 34 OF 2001: The Order required all public elementary and high school students to read at least one book in the vernacular and one book in English per year before they can be promoted to the next higher level.
REFERENCES
Books:
"Foundations Of Education II," San Mateo, Rosalinda A. and Maura G. Tangco, 1997"Foundations Of Education II," 2nd Ed. San Mateo, Rosalinda A. and Maura G. Tangco, 2003"Foundations Of Education II," 2005 Reprint, Tulio, Doris, 1999"The Constitutions Of The Philippines," Anvil Publishing Inc., 2005"The Constitution Of The Philippines Explained," Revised Ed., 2000 Reprint, Nolledo, Jose N., 1992
Website: Department of Education, Philippines, 2010 Version
Pamphlet: Philippine Constitution
EXECUTIVE ORDER NO. 117 January 30, 1987
REORGANIZATION OF THE MINISTRY OF EDUCATION, CULTURE AND SPORTS PRESCRIBING ITS POWERS AND FUNCTIONS AND FOR OTHER
PURPOSES
RECALLING that the reorganization of the government is mandated expressly in Article II, Section 1 (a) and Article III of the Freedom Constitution;
HAVING IN MIND that, pursuant to Executive Order No. 5 (1986), it is directed that necessary and proper changes in the organization and functional structures of the government, its agencies and instrumentalities, be effected in order to promote efficiency and effectiveness in the delivery of public services;
CONSIDERING that education is a basic responsibility of the States as ordained in the Constitution.
TAKING NOTE that, in order to accomplish such responsibility, and guarantee an efficient and effective delivery of public services, it is imperative to reorganize and strengthen the Ministry of Education, Culture and Sports;
REALIZING that it is also necessary to redefine the mandate, powers and functions of the same Ministry to avoid any overlapping and to fix responsibilities therein;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by the sovereign will of the Filipino People and the Freedom Constitution, do hereby order:
Sec. 1. Title. This Executive Order shall otherwise be known as the Reorganization Act of the Ministry of Education, Culture and Sports.
Sec. 2. Reorganization. The Ministry of Education, Culture and Sports, hereinafter referred to as the Ministry, is hereby reorganized, structurally and functionally, in accordance with the provisions of this Executive Order.
Sec. 3. Declaration of Policy. It is hereby declared as a basic State policy that the education system shall make a maximum contribution to the attainment of national development goals; that the State shall promote and maintain equality of access to education and enjoyment of the benefits thereof by all citizens; and that the State shall use education as an instrument for the development of the cultural communities of the nation and the deprived communities to enrich their participation in the community and national life and to unify all Filipinos into a free and just nation.
Sec. 4. Mandate. The Ministry shall be primarily responsible for the formulation, planning, implementation and coordination of the policies, plans, programs and projects in the areas of formal and non-formal education at all levels, supervise all education institutions, both public and private, and provide for the establishment and maintenance of a complete, adequate and integrated system of education relevant to the goals of national development.
Sec. 5. Powers and Functions. To accomplish its mandate and objectives, the Ministry shall have the powers and functions of formulating, planning, implementing and coordinating the policies, plans, programs and projects for the following areas of responsibility:
(a) Elementary, secondary, physical and international kinds of education;
(b) Non-formal and vocational/technical kinds of education;
(c) Higher education;
(d) Development of culture;
(e) Foreign and locally assisted projects and other activities relative to Subsection (a), (b), (c) and (d).
Sec. 6. Structural Organization. This Ministry, aside from the Ministry Proper, shall consist of Bureaus and Regional Offices.
Sec. 7. Ministry Proper. This Ministry Proper shall consist of the following units:
(a) Office of the Minister;
(b) Planning Service The Planning Service shall be responsible for providing the Ministry with economical, efficient, and effective services relating to planning, programming, and project development.
(c) Financial and Management Service The Financial and Management Service shall be responsible for providing the Ministry with staff advice and assistance on budgetary, financial, and management improvement matters.
(d) Administrative Service The Administrative Service shall be responsible for providing the Ministry with economical, efficient, and effective services relating to legal assistance, information, records, supplies, equipment, collection, disbursement, security and custodial work.
(e) Human Resources Development Service, which is hereby created to:
1. Develop and administer a personnel program which shall include selection and placement, classification and pay, career and employment development, performance rating employee relations and welfare services.
2. Act on all matters concerning attendance, leaves of absences, appointments, promotions, and other personnel transactions.
3. Conduct training programs in the Ministry.
(f) Technical Service, which shall include the Office of the Head Executive Assistant and the Information and Publication Service-The Technical Service shall take charge of technical staff activities peculiar to a Ministry which cannot be allocated to the four (4) other services.
Sec. 8. Minister of Education, Culture and Sports. The authority and responsibility for the exercise of the mandate of the Ministry and for the discharge of its powers and functions shall be vested in the Minister of Education, Culture and Sports, hereinafter referred to as Minister, who shall have supervision and control of the Ministry and shall be appointed by the President.
Sec. 9. Office of the Minister. The Office of the Minister shall be composed of the Minister and his immediate staff as determined by him.
Sec. 10. Deputy Ministers. The Minister shall be assisted by five (5) Deputy Ministers appointed by the President upon the recommendation of the Minister, each of whom shall be responsible for each of the following areas of responsibility:
(a) Elementary education, secondary education, physical education, and international education programs and centers;
(b) Non-formal education, vocational/technical education, and youth organizations;
(c) Higher education, cultural agencies, and foreign assisted projects;
(d) Internal administration and management, and regional coordination;
(e) Legal and legislative affairs, and other attached agencies and centers.
Sec. 11. Bureau of Elementary Education. The Bureau of Elementary Education shall have the following functions:
(a) Conduct studies and formulate, develop and evaluate programs and educational standards for elementary education;
(b) Undertake studies necessary for the preparation of prototype curricular designs, instructional materials, and teacher training program for elementary education;
(c) Formulate guidelines to improve elementary school physical plans and equipment, and general management of these schools;
(d) Perform other functions provided by law.
Sec. 12. Bureau of Secondary Education. The Bureau of Secondary Education shall have the following functions:
(a) Conduct studies and formulate, develop and evaluate programs and educational standards for secondary and educational standards for secondary education;
(b) 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.
(c) Formulate guidelines to improve the secondary school physical plants and equipment, and general management of these schools;
(d) Perform other functions provided by law.
Sec. 13. Bureau of Technical and Vocational Education. The Bureau of Technical and Vocational Education shall have the following functions:
(a) Collaborate with other agencies in formulation of manpower plans;
(b) Conduct studies, formulate, develop and evaluate post-secondary vocational-technical programs and recommend educational standards for these programs;
(c) 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,
Sec. 14. Bureau of Higher Education. The Bureau of Higher Education shall have the following functions:
(a) Develop, formulate and evaluate programs, projects and educational standards for a higher education;
(b) Provide staff assistance to the Board of Higher Education in its policy and advisory functions;
(c) Provide technical assistance to encourage, institutional development programs and projects;
(d) Compile, analyze and evaluate data on higher education;
(e) Perform other functions provided by law.
Sec. 15. Bureau of Continuing Education, hereby renamed as Bureau of Non-Formal Education. The Bureau of Continuing Education shall have the following functions:
(a) Serve as a means of meeting the learning needs of those unable to avail themselves of the educational services and program of formal education;
(b) Coordinate with various agencies in providing opportunities for the acquisition of skills necessary to enhance and ensure continuing employability, efficiency, productivity, and competitiveness in the labor market;
(c) Serve as means of expanding access to educational opportunities to citizens of varied interests, demographic characteristics and socio- economic origins of status.
Sec. 16. Bureau of Sports Development, hereby renamed as Bureau of Physical Education and School Sports. The Bureau of Physical Education and School Sports shall have the following functions:
(a) Develop human resources through mass-based sports education;
(b) Improve the general fitness of the citizenry;
(c) Promote social and cultural integration through the revival of indigeneous games and sports;
(d) Identify and nurture sports talents; and promote excellence in sports, traditional games and other physical activities.
(e) Perform other functions as may be provided by law.
Sec. 17. Attached Agencies. The following agencies are hereby attached to the Ministry:
(a) National Museum;
(b) National Library;
(c) National Historical Institute;
(d) Institute of National Language, which is hereby renamed as Institute of Philippine Languages.
Sec. 18. Supervised and Controlled Agencies. The Ministry shall exercise supervision and control over the following agencies to wit:
(a) Health and Nutrition Center;
(b) National Education Testing Center, which is hereby renamed the National Education Testing and Research Center.
Sec. 19. Recognized and Integrated Agencies. The following agencies are hereby reorganized and integrated into other units as follows:
(a) The Child and Youth Research Center, to be integrated into the National Education Testing Center;
(b) The Population Center, to be integrated into both the Bureau of Elementary Education and the Bureau of Secondary Education;
(c) The Foreign Students and Programs Assistance Unit, to be integrated into the Bureau of Higher Education;
(d) The National Scholarship and Student Loan Center, to be integrated into the Bureau of Higher Education.
Sec. 20. The following agencies shall continue to be attached to the Ministry. Instructional Materials Corporation; Instructional Materials Council; Educational Development Projects Implementing Task Force; Educational Assistance Policy Council; National Social Action Council; National Board for Teachers; the Boy Scouts of the Philippines; and Girl Scouts of the Philippines.
Sec. 21. State College and Universities. By virtue of his chairmanship of their boards of trustees as provided in their respective charters, the Minister, directly or through his Deputy Ministers, shall continue to govern state colleges and universities.
Sec. 22. Board of Higher Education. The Board of Higher Education is hereby reactivated and mandated to articulate the policy and support frameworks for both public and private post-secondary education.
Sec. 23. Regional Offices. The Ministry is hereby authorized to establish, operate and maintain a Regional Office in each of the administrative regions of the country. Each Regional Office shall be headed by a Regional Director who shall be assisted by an Assistant Regional Director. The Regional Director shall be responsible for the School Divisions and their Superintendents within his administrative region.
A Regional Office shall have, within its administrative region, the following functions:
(a) Implement laws, rules, regulations, policies, plans, program and projects of the Ministry;
(b) Provide efficient and effective service to the people;
(c) Coordinate with regional offices of other ministries, offices and agencies in the region;
(d) Coordinate with local government units;
(e) Perform such other functions as may be provided by law.
Sec. 24. New Structure and Pattern. Upon approval of this Executive Order, the officers (the term "officer" as used in this Executive Order is intended to be within the meaning of the term "official" as used in the Freedom Constitution and the succeeding Constitution) and employees of the Ministry shall, in a hold-over capacity, continue to perform their respective duties and responsibilities and receive the corresponding salaries and benefits unless in the meantime they are separated from the service pursuant to Executive Order No. 17 (1986) or Article III of the Freedom Constitution.
The new position structure and staffing pattern of the Ministry shall approved and prescribed by the Minister within one hundred twenty (120) days from the approval of this Executive Order and the authorized positions created thereunder shall be filed with regular appointments by him or by the President as the case may be. Those incumbents whose positions are not included therein or who are not reappointed shall be deemed separated from the service. Those separated from the service shall receive the retirement benefits to which they may be entitled under existing laws, rules and regulations. Otherwise, they shall be paid the equivalent of one month basic salary for every year of service, or the equivalent nearest fraction thereof favorable to them on the basis of highest
salary received, but in no case shall such payment exceed the equivalent of 12 months salary.
No court or administrative body shall issue any writ of preliminary injunction or restraining order to enjoin the separation/replacement of any officer or employee effected under this Executive Order.
Sec. 25. Periodic Performance Evaluation. The Ministry is hereby required to formulate and enforce a system of measuring and evaluating periodically and objectively the performance of the Ministry and submit the same annually to the President.
Sec. 26. Notice or Consent Requirement. If any organizational change herein authorized is of such substance or materiality as to prejudice third persons with rights recognized by law or contract such that notice to or consent of creditors is required to be made or obtained pursuant to any agreement entered into with any of such creditors, such notice or consent requirement shall be complied with prior to the implementation of such reorganizational change.
Sec. 27. Change of Nomenclatures. In the event of the adoption of a new Constitution which provides for a presidential form of government, the Ministry shall be called Department of Education, Culture and Sports and the titles Minister, Deputy Minister, and Assistant Minister shall be changed to Secretary, Undersecretary and Assistant Secretary, respectively.
Sec. 28. Prohibition Against Change. No change in the organization herein prescribed shall be valid except upon prior approval of the President for the purpose of promoting efficiency and effectiveness in the delivery of public services.
Sec. 29. Funding. Funds needed to carry out the provisions of this Executive order shall be taken from funds available in the Ministry.
Sec. 30. Implementing Authority of Minister. The Minister shall issue such rules, regulations and other issuances as may be necessary to ensure the effective implementation of the provisions of this Executive Order.
Sec. 31. Separability. Any portion or provision of this Executive Order that may be declared unconstitutional shall not have the effect of nullifying other portions or provisions hereof as long as such remaining portions can still subsist and be given effect in their entirety.
Sec. 32. Repealing Clause. All laws, ordinances, rules, regulations, other issuance or parts thereof, which are inconsistent with this Executive Order, are hereby repealed or modified accordingly.
Sec. 33. Effectivity Clause. This Executive Order shall take effect immediately upon its approval.
APPROVED in the City of Manila, Philippines, this 30th day of January, in the year of Our Lord, Nineteen Hundred and Eighty-seven.
BATAS PAMBANSA BLG. 232
September 11, 1982
AN ACT PROVIDING FOR THE ESTABLISHMENT AND MAINTENANCE OF AN INTEGRATED SYSTEM OF EDUCATION
I. GENERAL PROVISIONS
CHAPTER 1Preliminary 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 2Declaration of Basic State Policy and Objectives
Section 3. Declaration of Basic Policy - It is the policy of the State to established and maintain a complete, adequate and integrated system of education relevant to the goals of national development. Toward this end, the government shall ensure, within the context of a free and democratic system, maximum contribution of the educational system to the attainment of the following national developmental goals:
1. To achieve and maintain an accelerating rate of economic development and social progress;
2. To ensure the maximum participation of all the people in the attainment and enjoyment of the benefits of such growth; and
3. To achieve and strengthen national unity and consciousness and preserve, develop and promote desirable cultural, moral and spiritual values in a changing world.
The State shall promote the right of every individual to relevant quality education, regardless of sex, age, creed, socio-economic status, physical and mental conditions, racial or ethnic origin, political or other affiliation. The State shall therefore promote and maintain equality of access to education as well as the enjoyment of the benefits of education by all its citizens.
The state shall promote the right of the nation's cultural communities in the exercise of their right to develop themselves within the context of their cultures, customs, traditions, interest and belief, and recognizes education as an instrument for their maximum participation in national development and in ensuring their involvement in achieving national unity.
Section 4. Declaration of Objectives - The educational system aim to:
1. Provide for a broad general education that will assist each individuals in the peculiar ecology of his own society, to
(a) attain his potentials as a human being;
(b) enhance the range and quality of individual and group participation in the basic functions of society; and
(c) acquire the essential educational foundation of his development into a productive and versatile citizen;
2. Train the nation's manpower in the middle-level skills for national development;
3. Develop the profession that will provide leadership for the nation in the advancement of knowledge for improving the quality of human life; and
4. Respond effectively to changing needs and conditions of the nation through a system of educational planning and evaluation.
Towards the realization of these objectives, and pursuant to the Constitution, all educational institutions shall aim to inculcate love of country, teach the duties of citizenship, and develop moral character, personal discipline, and scientific, technological, and vocational efficiency.
Furthermore, the educational system shall reach out to educationally deprived communities, in order to give meaningful reality to their membership in the national society, to enrich their civic participation in the community and national life, and to unify all Filipinos into a free and just nation.
II. THE EDUCATIONAL COMMUNITY
CHAPTER 1Preliminary Provisions
Section 5. Declaration of Policy and Objectives - It is likewise declared government policy to foster, at all times, a spirit of shared purposes and cooperation among the members and elements of the educational community, and between the community and other sectors of society, in the realization that only in such an atmosphere can be true goals and objectives of education be fulfilled.
Moreover, the State shall:
1. Aid and support the natural right and duty of parents in the rearing of the youth through the educational system.
2. Promote and safeguard the welfare and interest of the students by defining their rights and obligations, according them privileges, and
encouraging the establishment of sound relationships between them and the other members of the school community.
3. Promote the social economic status of all school personnel, uphold their rights, define their obligations, and improve their living and working conditions and career prospects.
4. Extend support to promote the viability of those institutions through which parents, students and school personnel seek to attain their educational goals.
Section 6. Definition and Coverage - "Educational community" refers to those persons or groups of persons as such or associated in institutions involved in organized teaching and learning systems.
The members and elements of the educational community are:
1. "Parents" or guardians or the head of the institution or foster home which has custody of the pupil or student.
2. "Students," or those enrolled in and who regularly attend and educational institution of secondary or higher level of a person engaged in formal study. "Pupils," are those who regularly attend a school of elementary level under the supervision and tutelage of a teacher.
3 "School personnel," or all persons working for an educational institution, which includes the following:
a. "Teaching or academic staff," or all persons engaged in actual teaching and/or research assignments, either on full-time or part-time basis, in all levels of the educational system.
b. "School administrators," or all persons occupying policy implementing positions having to do with the functions of the school in all levels.
c. "Academic non-teaching personnel," or those persons holding some academic qualifications and performing academic functions directly supportive of teaching, such as registrars, librarians, research assistants, research aides, and similar staff.
d. "Non-academic personnel," or all other school personnel not falling under the definition and coverage of teaching and academic staff, school administrators and academic non-teaching personnel.
4. "Schools," or institutions recognized by the State which undertake educational operations.
Section 7. Community Participation. - Every educational institution shall provide for the establishment of appropriate bodies through which the members of the educational community may discuss relevant issues, and communicate information and suggestions for assistance and support of the school and for the promotion of their common interest.
Representatives from each subgroup of the educational community shall sit and participate in these bodies, the rules and procedures of which must be approved by them and duly published.
CHAPTER 2Rights
Section 8. Rights of Parents - In addition to other rights under existing laws, all parents who have children enrolled in a school have the following rights:
1. The right to organize by themselves and/or with teachers for the purpose of providing a forum for the discussion of matters relating to the total school program, and for ensuring the full cooperation of parents and teachers in the formulation and efficient implementation of such programs.
2. The right to access to any official record directly relating to the children who are under their parental responsibility.
Section 9. Right of Students in School - In addition to other rights, and subject to the limitation prescribed by law and regulations, and student and pupils in all schools shall enjoy the following rights:
1. The right to receive, primarily through competent instruction, relevant quality education in line with national goals and conducive to their full development as person with human dignity.
2. The right to freely chose their field of study subject to existing curricula and to continue their course therein up to graduation, except in cases of academic deficiency, or violation of disciplinary regulations.
3. The right to school guidance and counseling services for decisions and selecting the alternatives in fields of work suited to his potentialities.
4. The right of access to his own school records, the confidentiality of which the school shall maintain and preserve.
5. The right to the issuance of official certificates, diplomas, transcript of records, grades, transfer credentials and other similar documents within thirty days from request.
6. The right to publish a student newspaper and similar publications, as well as the right to invite resource persons during assemblies, symposia and other activities of similar nature.
7. The right to free expression of opinions and suggestions, and to effective channels of communication with appropriate academic channels and administrative bodies of the school or institution.
8. The right to form, establish, join and participate in organizations and societies recognized by the school to foster their intellectual, cultural, spiritual and physical growth and development, or to form, establish, join and maintain organizations and societies for purposes not contrary to law.
9. The right to be free from involuntary contributions, except those approved by their own he organizations or societies.
Section 10. Rights of all School Personnel - In addition to other rights provided for by law, the following rights shall be enjoyed by all school personnel:
1. The right to free expression of opinion and suggestions, and to effective channels of communication with appropriate academic and administrative bodies of the school or institution.
2. The right to be provided with free legal service by the appropriate government office in the case of public school personnel, and through the school authorities concerned in the case of private school personnel, when charged in an administrative, civil and/or criminal proceedings by parties other than the school or regulatory authorities concerned for actions committed directly in the lawful discharge of professional duties and/or in defense of school policies.
3. The right to establish, join and maintain labor organizations and/or professional and self-regulating organizations of their choice to promote their welfare and defend their interests.
4. The right to be free from involuntary contributions except those imposed by their own organizations.
Section 11. Special Rights and/or Privileges of Teaching or Academic Staff - Further to the rights mentioned in the preceding Section, every member of the teaching or academic staff shall enjoy the following rights and/or privileges:
1. The right to be free from compulsory assignments not related to their duties as defined in their appointments or employment contracts, unless compensated therefor, conformably to existing law.
2. The right to intellectual property consistent with applicable laws.
3. Teachers shall be deemed persons in authority when in the discharge of lawful duties and responsibilities, and shall, therefore, be accorded due respect and protection.
4. Teachers shall be accorded the opportunity to choose alternative career lines either in school administration, in classroom teaching, or others, for purposes of career advancement.
Section 12. Special Rights of School Administration - School administrators shall, in accordance with existing laws, regulations and policies of the Ministry of Education, Culture and Sports, be accorded sufficient administrative discretion necessary for the efficient and effective performance of their functions.
School administrators shall be deemed persons in authority while in the discharge of lawful duties and responsibilities, and shall therefore be accorded due respect and protection.
Section 13. Rights of Schools - In addition to other rights provided for by law, schools shall enjoy the following:
1. The right of their governing boards or lawful authorities to provide for the proper governance of the school and to adopt and enforce administrative or management systems.
2. The right for institutions of higher learning to determine on academic grounds who shall be admitted to study, who may teach, and what shall be subjects of the study and research.
CHAPTER 3Duties and Obligations
Section 14. Duties of Parents. - In addition to those provided for under existing laws, all parents shall have the following duties and obligations:
1. Parents, individually or collectively, through the school systems, shall help carry out the educational objectives in accordance with national goals.
2. Parents shall be obliged to enable their children to obtain elementary education and shall strive to enable them to obtain secondary and higher education in the pursuance of the right formation of the youth.
3. Parents shall cooperate with the school in the implementation of the school program curricular and co-curricular.
Section 15. Duties and Responsibilities of Students - In addition to those provided for under existing laws, every student shall:
1. Exert his utmost to develop his potentialities for service, particularly by undergoing an education suited to his abilities, in order that he may become an asset to his family and to society.
2. Uphold the academic integrity of the school, endeavor to achieve academic excellence and abide by the rules and regulations governing his academic responsibilities and moral integrity.
3. Promote and maintain the peace and tranquility of the school by observing the rules and discipline, and by exerting efforts to attain harmonious relationships with fellow students, the teaching and academic staff and other school personnel.
4. Participate actively in civic affairs and in the promotion of the general welfare, particularly in the social, economic and cultural development of his community and in the attainment of a just, compassionate and orderly society.
5. Exercise his rights responsibly in the knowledge that he is answerable for any infringement or violation of the public welfare and of the rights of others.
Section 16. Teacher's Obligations - Every teacher shall:
1. Perform his duties to the school by discharging his responsibilities in accordance with the philosophy, goals, and objectives of the school.
2. Be accountable for the efficient and effective attainment of specified learning objectives in pursuance of national development goals within the limits of available school resources.
3. Render regular reports on performance of each student and to the latter and the latter's parents and guardians with specific suggestions for improvement.
4. Assume the responsibility to maintain and sustain his professional growth and advancement and maintain professionalism in his behavior at all times.
5. Refrain from making deductions in students' scholastic rating for acts that are clearly not manifestations of poor scholarship.
6. Participate as an agent of constructive social, economic, moral, intellectual, cultural and political change in his school and the community within the context of national policies.
Section 17. School Administrators' Obligations - Every school administrator shall:
1. Perform his duties to the school by discharging his responsibilities in accordance with the philosophy, goals and objectives of the school.
2. Be accountable for the efficient and effective administration and management of the school.
3. Develop and maintain a healthy school atmosphere conducive to the promotion and preservation of academic freedom and effective teaching and learning, and to harmonious and progressive school-personnel relationship.
4. Assume and maintain professional behavior in his work and in dealing with students, teachers, academic non-teaching personnel, administrative staff, and parents or guardians.
5. Render adequate reports to teachers, academic non-teaching personnel and non-academic staff on their actual performance in relation to their expected performance and counsel them on ways of improving the same.
6. Observe due process, fairness, promptness, privacy, constructiveness and consistency in disciplining his teachers and other personnel.
7. Maintain adequate records and submit required reports to the Ministry of Education, Culture and Sports.
Section 18. Obligations of Academic Non-Teaching Personnel - Academic non-teaching personnel shall:
1. Improve himself professionally be keeping abreast of the latest trends and techniques in his profession.
2. Assume, promote and maintain an atmosphere conducive to service and learning.
3. Promote and maintain an atmosphere conducive to service and learning.
III. THE EDUCATIONAL SYSTEMS
CHAPTER 1Formal Education
Section 19. Declaration of Policy. - The State recognizes that formal education, or the school system, in society's primary learning system, and therefore the main instrument for the achievement of the country's educational goals and objectives.
Section 20. Definition - "Formal Educational" refers to the hierarchically structured and chronologically graded learning organized and provided by the formal school system and for which certification is required in order for the learner to progress through the grades or move to higher levels. Formal education shall correspond to the following levels:
1. Elementary Education. - the first stage of compulsory, formal education primarily concerned with providing basic education and usually corresponding to six or seven grades, including pre-school programs.
2. Secondary Education. - the state of formal education following the elementary level concerned primarily with continuing basic education and expanding it to include the learning of employable gainful skills, usually corresponding to four years of high school.
3. Tertiary Education. - post secondary schooling is higher education leading to a degree in a specific profession or discipline.
Section 21. Objectives of Elementary Education - The objectives of elementary education are:
1. To provide the knowledge and develop the skills, attitudes, and values essential to personal development and necessary for living in and contributing to a developing and changing social milieu;
2. To provide learning experiences which increase the child's awareness of and responsiveness to the changes in and just demands of society and to prepare him for constructive and effective involvement;
3. To promote and intensify the child's knowledge of, identification with, and love for the nation and the people to which he belongs; and
4. To promote work experiences which develop the child's orientation to the world of work and creativity and prepare himself to engage in honest and gainful work.
Section 22. Objectives of Secondary Education. - The objectives of secondary education are:
1. To continue to promote the objectives of elementary education; and
2. To discover and enhance the different aptitudes and interests of the students so as to equip him with skills for productive endeavor and/or prepare him for tertiary schooling.
Section 23. Objective of Tertiary Education. - The objectives of tertiary education are:
1. To provide a general education program that will promote national identity, cultural consciousness, moral integrity and spiritual vigor;
2. To train the nation's manpower in the skills required for national development;
3. To develop the professions that will provide leadership for the nation; and
4. To advance knowledge through research work and apply new knowledge for improving the quality of human life and responding effectively to changing societal needs and conditions.
CHAPTER 2Non-Education and Specialized Educational Services
Section 24. Specialized Educational Service - The State further recognizes its responsibility to provide, within the context of the formal education system, services to meet special needs of certain clientele. These specific types, which shall be guided by the basic policies of the State embodied in the General Provisions of this Act, include:
1. "Work Education," or "Practical Arts," as a program of basic education which aims to develop the right attitudes towards work; and "technical-vocational education," post-secondary but non-degree programs leading to one, two, or three year certificates in preparation for a group of middle-level occupations.
2. "Special Education," the education of persons who are physically, mentally, emotionally, socially, or culturally different from the so-called "normal" individuals that they require modification of school practices/services to develop them to their maximum capacity; and
3. "Non-formal Education," any organized school-based educational activities undertaken by the Ministry of Education, Culture and Sports and other agencies aimed at attaining specific learning objectives for a particular clientele, especially the illiterates and the out-of-school youth and adults, distinct from and outside the regular offerings of the formal school system.
The objectives of non-formal education are as follows:
a. To eradicate illiteracy and raise the level of functional literacy of the population;
b. To provide unemployed and underemployed youth and adults with appropriate vocational/technical skills to enable them to become more productive and effective citizens; and
c. To develop among the clientele of non-formal education proper values and attitudes necessary for personal, community and national development.
CHAPTER 3Establishment of Schools
Section 25. Establishment of Schools - All schools shall be established in accordance with law. The establishment of new national schools and the conversion of existing schools from elementary to national secondary or tertiary schools shall be by law: Provided, That any private school proposed to be established must incorporate as an non-stock educational corporation in accordance with the provisions of the Corporation Code of the Philippines. This requirement to incorporate may be waived in the case of family-administered pre-school institutions.
Government assistance to such schools for educational programs shall be used exclusively for that purpose.
Section 26. Definition of Terms - The terms used in this Chapter are defined as follows:
1. "Schools" are duly established institutions of learning or educational institutions.
2. "Public Schools" are educational institutions established and administered by the government.
3. "Private Schools" are educational institutions maintained and administered by private individuals or groups.
Section 27. Recognition of Schools - The educational operations of schools shall be subject to their prior authorization of the government, and shall be affected by recognition. In the case of government operated schools, whether local, regional, or national, recognition of educational programs and/or operations shall be deemed granted simultaneously with establishment.
In all other case the rules and regulations governing recognition shall be prescribed and enforced by the Ministry of Education, Culture and Sports defining therein who are qualified to apply, providing for a permit system, stating the conditions for the grant of recognition and for its cancellation and withdrawal, and providing for related matters.
Section 28. Effects of Recognition; Punishable Violations - The issuance of a certificate of recognition to a school shall have the following effects:
1. It transforms the temporary permit to a permanent authority to operate;
2. It entitled the school or college to give the students who have completed the course for which recognition is granted, a certificate, title or diploma; and
3. It shall entitle the students who have graduated from said recognized course or courses to all the benefits and privileges enjoyed by graduates in similar courses of studies in all schools recognized by the government.
Operation of schools and educational programs without authorization, and/or operation thereof in violation of the terms of recognition, are hereby declared punishable violations subject to the penalties provided in this Act.
Section 29. Voluntary Accreditation - The Ministry shall encourage programs of voluntary accreditation for institution which desire to meet standards of quality over and above minimum required for State recognition.
CHAPTER 4Internal Organization of Schools
Section 30. Organization of Schools - Each school shall establish such internal organization as will best enable it to carry out its academic and administrative functions, subject to limitations provided by law.
Each school establish such arrangements for the peaceful settlement of disputes between or among the members of the educational community.
Section 31. Governing Board - Every government college or university as a tertiary institution and every private school shall have a governing board pursuant to its charter or the Corporation Code of the Philippines, as the case may be.
Section 32. Personnel Transactions - The terms and conditions of employment of personnel in government schools shall be governed by the Civil Service, budgetary and compensation laws and rules.
In private schools, dispute arising from employer-employee relations shall fall under the jurisdiction of the Ministry of Labor and Employment as provided for by law regulations: Provided, That in view of the special employment status of the teaching and academic non-teaching personnel, and their special roles in the advancement of knowledge, standards set or promulgated jointly by the Ministry of Education, Culture and Sports and by the Ministry of Labor and Employment shall be applied by the Ministry of Labor and Employment: Provided, further, That every private school shall establish and implement an appropriate system within the school for the prompt and orderly settlement of provisions of Articles 262 and 263 of the Labor Code.
CHAPTER 5School Finance and Assistance
Section 33. Declaration of Policy - It is hereby declared to be the policy of the State that the national government shall contribute to the financial support of educational programs pursuant to goals of education as declared in the Constitution. Towards this end, the government shall:
1. Adopt measures to broaden access to education through financial assistance and other forms of incentives to schools, teachers, pupils and students; and
2. Encourage and stimulate private support to education through, inter alia, fiscal and other assistance measures.
A. FUNDING OF REPUBLIC SCHOOLS
Section 34. National Funds - Public school shall continue to be funded from national funds: Provided, That local governments shall be encouraged to assume operation of local public schools on the basis of national fund participation and adequate revenue sources which may be assigned by the national government for the purpose.
Section 35. Financial Aid Assistance to Public Secondary Schools - The national government shall extend financial aid and assistance to public secondary schools established and maintained by local governments, including barangay high schools.
Section 36. Share of Local Government - Provinces, cities and municipalities and barangays shall appropriate funds in their annual budgets for the operation and maintenance of public secondary schools on the basis of national fund participation.
Section 37. Special Education Fund - The proceeds of the Special Education Fund accruing to local governments shall be used exclusively for the purposes enumerated in Section 1 of Republic Act No. 5447, and in accordance with rules and regulations issued by the Ministry of Education, Culture and Sports and the Ministry of the Budget. Said proceeds shall be considered a local fund and shall be subject to Presidential Decrees No. 477, Presidential Decree No. 1375 and other applicable local budget laws and regulations.
Section 38. Tuition and other School Fees - Secondary and post-secondary schools may charge tuition and other school fees, in order to improve facilities or to accommodate more students.
Section 39. Income from other Sources - Government-supported educational institution may receive grants, legacies, donations and gifts for purposes allowed by existing laws.
Furthermore, income generated from production activities and from auxiliary enterprises may be retained and used for schools concerned in accordance with rules and regulations jointly issued consistently with pertinent appropriation and budgetary laws by the Ministry of the Budget, the Ministry of Education, Culture and Sports and the Commission on Audit.
B. FUNDING OF PRIVATE SCHOOLS
Section 40. Funding of Private Schools - Private schools may be funded from their capital investment or equity contributions, tuition fees and other school charges, grants, loans, subsidies, passive investment income and income from other sources.
Section 41. Government Assistance - The government, in recognition of their complementary role in the educational system, may provide aid to the programs of private schools in the form of grants or scholarships, or loans from government financial institutions: Provided, That such programs meet certain defined educational requirements and standards and contribute to the attainment of national development goals.
Section 42. Tuition and Other Fees - Each private school shall determine its rate of tuition and other school fees or charges. The rates and charges adopted by schools pursuant to this provision shall be collectible, and their application or use authorized, subject to rules and regulations promulgated by the Ministry of Education, Culture and Sports.
Section 43. Income from Other Sources - Any private school duly recognized by the government, may receive any grant and legacy, donation, gift, bequest or devise from any individual, institution, corporation, foundation, trust of philanthropic organization, or research institution or organization as may be authorized by law.
Furthermore, private schools are authorized to engage in any auxiliary enterprise to generate income primarily to finance their educational operations and/or to reduce the need to increase students' fees.
Section 44. Institutional Funds - The proceeds from tuition fees and other school charges, as well as other income of schools, shall be treated as institutional funds. Schools may pool their institutional funds, in whole or in part, under joint management for the purpose of generating additional financial resources.
C. INCENTIVES TO EDUCATION
Section 45. Declaration of Policy - It is the policy of the State in the pursuit of its national education development goals to provide an incentive program to encourage the participation of the community in the development of the educational sector.
Section 46. Relating to School Property - Real property, such as lands, buildings and other improvements thereon used actually, directly and exclusively for educational purposes shall be subject to the real property tax based on an assessment of fifteen per cent of the market value of such property: Provided, That all the proceeds from the payment thereof shall accrue to a special private education fund which shall be managed and disbursed by a local private school board which shall be constituted in each municipality or chartered city with private educational institutions with the mayor or his representative as chairman and not more than two representatives of the institutional taxpayers, and,
likewise, not more than two residents of the municipality or chartered city who are alumni of any of the institutional taxpayers as members: Provided, further, That fifty percent of the additional one percent tax on real estate property provided for under Republic Act 5447, shall accrue to the special private education fund: Provided, finally, That in municipalities or chartered cities wherein the number of private institutions with individual enrollment of pupils and students over five thousand exceeds fifteen, the members of the private school board shall be increased to not more than fourteen members determined proportionately by the Minister of Education, Culture and Sports. The private school board shall adopt its own rules which shall enable it to finance the annual programs and projects of each institutional taxpayer for the following purposes; student-pupil scholarships; improvement of instructional, including laboratory, facilities and/or equipment; library books and periodicals acquisition; and extension service in the community, in that order of priority.
Section 47. Relating to Gifts or Donations to Schools - All gifts or donation in favor of any school, college or university recognized by the Government shall not be subject to tax; Provided, That such gifts or donations shall be for improvement of classrooms and laboratory of library facilities, and shall not inure to the benefit of any officer, director, official, or owner or owners of the school, or paid out as salary, adjustments or allowance of any form or nature whatsoever, except in support of faculty and/or professorial chairs.
Section 48. Relating to Earnings from Established Scholarship Funds - All earnings from the investment of any duly established scholarship fund of any school recognized by the government, constituted from gifts to the school, and/or from contributions or other resources assigned to said fund by the school, if said earnings are actually used to fund additional scholarship grants to financially deserving students shall be exempt from tax until the scholarship fund is fully liquidated, when the outstanding balance thereof shall be subject to tax.
Section 49. School Dispersal Program - All gains realized from the sale, disposition or transfer of property, real or personal, of any duly established private school, college or university, in pursuance of a school dispersal program of the government or of the educational institution as approved by the government, shall be considered exempt from tax if the total proceeds of the sale are reinvested in a new or existing duly established school, college, or university located in the dispersal site, within one (1) year from the date of such sale, transfer or disposition; otherwise, all taxes due on the gains realized from the transaction shall immediately become due and payable.
Section 50. Conversion to Educational Foundations - An educational institution may convert itself into a non-stock, non-profit educational foundation, in
accordance with the implementing rules to be issued jointly by the Ministry of Education, Culture and Sports and the Ministry of Finance.
In the case of stock corporations, if for any reason its corporate existence as an educational institution ceases and is not renewed, all its net assets after liquidation of the liabilities and other obligations may be conveyed and transferred to any non-profit educational institution or successor non-profit educational institution or to be used in such manner as in the judgment of said court will best accomplish the general purposes for which the dissolved organization was organized, or to the State.
D. ASSISTANCE TO STUDENTS
Section 51. Government Assistance to Students - The government shall provide financial assistance to financially disadvantaged and deserving students. Such assistance may be in the form of State scholarships, grants-in-aid, assistance from the Educational Loan Fund, or subsidized tuition rates in State colleges and universities.
All the above and similar assistance programs shall provide for reserve quotas for financially needed but academically qualified students from the national cultural communities.
Section 52. Grant of Scholarship Pursuant to Existing Laws - Educational institutions shall be encouraged to grant scholarships to students pursuant to the provisions of existing laws and such scholarship measures as may hereafter be provided for by law.
Section 53. Assistance from the Private Sector - The private sector, especially educational institutions, business and industry, shall be encouraged to grant financial assistance to students, especially those undertaking research in the fields of science and technology or in such projects as may be necessary within the context of national development.
IV. THE MINISTRY OF EDUCATION, CULTURE AND SPORTS
CHAPTER 1GENERAL PROVISIONS
Section 54. Declaration of Policy - The administration of the education system and, pursuant to the provisions of the Constitution, the supervision and regulation of educational institutions are hereby vested in the Ministry of Education, Culture
and Sports, without prejudice to the provisions of the charter of any state college and university.
Section 55. Organization - The Ministry shall be headed by the Minister of Education, Culture and Sports who shall be assisted by one or more Deputy Ministers.
The organization of the Ministry shall consist of (a) the Ministry Proper composed of the immediate Office of the Minister, and the Services of the Ministry, (b) the Board of Higher Education, which is hereby established, (c) the Bureau of Elementary Education, the Bureau of Secondary Education, the Bureau of Higher Education, the Bureau of Technical and Vocational Education, and the Bureau of Continuing Education, which are hereby established, (d) Regional offices and field offices, (e) the National Scholarship Center and such other agencies as are now or may be established pursuant to law, and (f) the cultural agencies, namely: the National Library, the National Historical Institute, the National Museum, and the Institute of National Language. Such of the above offices as are created or authorized to be established under this provision, shall be organized and staffed and shall function, subject to the approval of the President, upon recommendation of the Minister of Education, Culture and Sports in consultation with the Presidential Commission on Reorganization.
Section 56. The National Board of Education is hereby abolished, and its appropriations, personnel, records, and equipment are hereby transferred to the Office of the Minister of Education, Culture and Sports.
Section 57. Functions and Powers of the Ministry - The Ministry shall:
1. Formulate general education objectives and policies, and adopt long-range educational plans;
2. Plan, develop and implement programs and projects in education and culture;
3. Promulgate rules and regulations necessary for the administration, supervision and regulation of the educational system in accordance with declared policy;
4. Set up general objectives for the school system;
5. Coordinate the activities and functions of the school system and the various cultural agencies under it;
6. Coordinate and work with agencies concerned with the educational and cultural development of the national cultural communities; and
7. Recommend and study legislation proposed for adoption.
Section 58. Report to the Batasang Pambansa. - The Minister of Education, Culture and Sports shall make an annual report to the Batasang Pambansa on the implementation of the national basic education plan, the current condition of the education programs, the adequacy or deficiency of the appropriations and status of expenditures, the impact of education on the different regions, the growth of enrollment, the adequacy of academic facilities, the concentration of low income groups, or the supply of teaching and non-teaching personnel, with such comments and appropriate recommendations thirty (30) days before the opening of its regular session.
CHAPTER 2BOARD OF HIGHER EDUCATION
Section 59. Declaration of Policy - Higher education will be granted towards the provision of better quality education, the development of middle and high-level manpower, and the intensification of research and extension services. The main thrust of higher education is to achieve equity, efficiency, and high quality in the institutions of higher learning both public and private, so that together they will provide a complete set of program offerings that meet both national and regional development needs.
Section 60. Organization of the Board of Higher Education - The Board of Higher Education is reconstituted as an advisory body to the Minister of Education, Culture and Sports. The Board shall be composed of a Deputy Minister of Education, Culture and Sports designated as Chairman and four other members to be appointed by the President of the Philippines upon nomination by the Minister of Education, Culture and Sports for a term of four years. The four members shall have distinguished themselves in the field of higher education and development either in the public or private sector. In the initial appointment of the non-ex officio members, the first appointee shall serve for a term of four years; the second for a term of three years; the third for a term of two years; and the fourth for a term of one year. The Director of the Bureau of Higher Education shall participate in the deliberation of the Board but without the right to vote. The Bureau of Higher Education shall provide the Board with the necessary technical and staff support: Provided, That the Board may create technical panels of experts in the various disciplines as the need arises.
Section 61. Function of the Board of Higher Education. - The Board shall:
1. Make policy recommendations regarding the planning and management of the integrated system of higher education and the continuing evaluation thereof.
2. Recommend to the Minister of Education, Culture and Sports steps to improve the governance of the various components of the higher education system at national and regional levels.
3. Assist the Minister of Education, Culture and Sports in making recommendation relatives to the generation of resources and their allocation for higher education.
CHAPTER 3THE BUREAUS
Section 62. Bureau of Elementary Education - The Bureau shall perform the following functions:
1. Conduct studies and formulate, develop, and evaluate programs and educational standards for elementary education;
2. Undertake studies necessary for the preparation of prototype curricular designs, instructional materials, and teacher training programs for elementary education; and
3. Formulate guidelines to improve elementary school physical plants and equipment, and general management of these schools.
Section 63. Bureau of Secondary Education - The Bureau shall perform the following functions:
1. Conduct studies and formulate, develop and evaluate programs and educational standards for secondary education;
2. Develop curricular designs, prepare instructional materials, and prepare and evaluate programs to update the quality of the teaching and non-teaching staff at the secondary level;
3. Formulate guidelines to improve the secondary school physical plants and equipment, and general management of these schools.
Section 64. Bureau of Technical and Vocational Education. - The Bureau shall perform the following:
1. Collaborate with other agencies in the formulation of manpower plans;
2. Conduct studies, formulate, develop and evaluate post-secondary vocational-technical programs and recommend educational standards for these programs;
3. Develop curricular designs and prepare instructional materials, prepare and evaluate programs to upgrade the quality of teaching and non-teaching staff, and formulate guidelines to improve the physical plant and equipment of post-secondary vocational-technical schools.
Section 65. Bureau of Higher Education - The Bureau of higher Education shall perform the following functions:
1. Develop, formulate and evaluate programs, projects and educational standards for a higher education;
2. Provide staff assistance to the Board of Higher Education in its policy formulation and advisory functions;
3. Provide technical assistance to encourage institutional development programs and projects;
4. Compile, analyze and evaluate data on higher education; and
5. Perform other functions provided for by law.
Section 66. Bureau of Continuing Education - As the main implementing arm of the non-formal education programs of the Ministry, the Bureau shall provide learning programs or activities that shall:
1. Serve as a means of meeting the learning needs of those unable to avail themselves of the educational services and programs of formal education;
2. Provide opportunities for the acquisition of skills necessary to enhance and ensure continuing employability, efficiency, productivity, and competitiveness in the labor market;
3. Serve as a means for expanding access to educational opportunities to citizens of varied interests, demographic characteristics and socio-economic origins or status.
CHAPTER 4REGIONAL 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 1PENAL ADMINISTRATIVE SANCTIONS
Section 68. Penalty Clause - Any person upon conviction for an act in violation of Section 28, Chapter 3, Title III above, shall be punished with a fine of not less than two thousand pesos (P2,000.00) nor more than ten thousand pesos (P10,000.00) or imprisonment for a maximum period of two (2) years, or both, in the discretion of the court.
If the act is committed by a school corporation, the school head together with the person or persons responsible for the offense or violation shall be equally liable.
Section 69. Administrative Sanction - The Minister of Education, Culture and Sports may prescribe and impose such administrative sanction as he may deem reasonable and appropriate in the implementing rules and regulations promulgated pursuant to this Act for any of the following causes:
1. Mismanagement of school operations;
2. Gross inefficiency of the teaching or non-teaching personnel;
3. Fraud or deceit committed in connection with the application for Ministry permit or recognition;
4. Failure to comply with conditions or obligations prescribed by this Code or its implementing rules and regulations; and
5. Unauthorized operation of a school or course, or any component thereof, or any violation of the requirement governing advertisements or announcements of educational institutions.
Sanctions against the schools shall be without prejudice to the interest of the students, teachers and employees.
CHAPTER 2ADMINISTRATIVE 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.
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 1397
PROVIDING FOR THE CONVERSION OF DEPARTMENTS INTO MINISTRIES AND FOR THE SENIOR ADMINISTRATIVE ORGANIZATION THEREFORE.
WHEREAS, the Philippines is presently in a transitional stage from a presidential to a parliamentary form of government.
WHEREAS, the basic political change requires an adaptive and corresponding change in the institutional requirements for governance;
WHEREAS, for this purpose it is now necessary to restructure the organization of the existing departments by converting them into ministries and defining the hierarchical relationship thereof, including the basic duties and responsibilities of the principal officers;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree;
Section 1. The departments of the government shall henceforth be converted into and known as ministries, and the Secretaries of such departments now designated as Ministers.
Section 2. Every Minister shall be assisted by one career Deputy Minister, unless otherwise provided for by law or by directive of the President/Prime Minister, and one political Deputy Minister. The Minister shall exercise supervision and control over the Deputy Ministers.
(a) The career Deputy Minister shall continue to perform the functions of undersecretaries of departments as provided under Paragraph 4, Article II, Chapter I, Part II of the Integrated Reorganization Plan as amended, and his position continue to be covered by the Career Executive Service.
(b) The Political Deputy Minister shall serve as liaison between the ministry and the Interim Batasan Pambansa. He shall be appointed by the President/Prime Minister from among the members of the Interim Batasan Pambansa, and as such shall be an officer thereof. He shall serve at the pleasure of the President/Prime Minister, and may have cabinet rank at the discretion of the latter.
Section 3. In addition to the senior officers of a ministry as provided for above, the President/Prime Minister may appoint from among the members of the Interim Batasan Pambansa one or more Ministers of State for any ministry. A Minister of State may be granted cabinet rank, and shall serve at the pleasure of the President/Prime Minister. He shall have such functions, duties and responsibilities as may be assigned him by the President/Prime Minister, and shall be directly accountable to the latter.
Section 4. Except as above provided, the present organizational structure of the departments, now ministries, including those of the bureaus, agencies and offices under them, shall remain the same unless otherwise changed by law.
Section 5. Should any provision of this decree or any part thereof be declared unconstitutional, the remaining provisions or parts thereof shall continue to be valid and binding.
Section 6. All laws, decrees, executive orders, rules and regulations which are inconsistent with this decree are hereby repealed, altered or modified accordingly.
Section 7. This decree shall take effect immediately.
Done in the City of Manila, this 2nd day of June, in the year of Our Lord, nineteen hundred and seventy-eight.
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 1 September 24, 1972
REORGANIZING THE EXECUTIVE BRANCH OF THE NATIONAL GOVERNMENT
WHEREAS, there were pending before Congress prior to the promulgation of Proclamation No. 1081, dated September 21, 1972, certain priority measures vital to the national development program of the Government, and which were duly certified by the President as urgent measures;
WHEREAS, one of the priority measures is the Integrated Reorganization Plan reorganizing the entire Executive Branch of the National Government, prepared by the Commission on Reorganization;
WHEREAS, the Integrated Reorganization Plan is necessary to the realization of the Government's program to effect administrative reforms in the government machinery;
NOW, THEREFORE, I, FERDINAND E. MARCOS, 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, as amended, in order to effect the desired changes and reforms in the social, economic and political structure of the country, do hereby order and decree that the Integrated Reorganization Plan as prepared, completed, and submitted by the commission on Reorganization shall be, as it is hereby adopted, approved, and made as part of the law of the land: Provided, That there shall be created and organized, in lieu of the Public Information Office within the Office of the President as recommended in the Integrated Reorganization Plan, a Department of Public Information, the composition of which shall be indicated in future implementing orders.
Changes and modification in the Integrated Reorganization Plan shall be made from time to time, as necessity requires, to be correspondingly announced by me or by my duly authorized representative.
Implementation of the Integrated Reorganization Plan as herein adopted, approved and decreed shall be carried out by Letters of Implementation which will be issued by me from time to time, or by my duly authorized representative.
All concerned, especially heads of departments, chiefs of bureaus, and offices, agencies and instrumentalities of the Government, including government-owned or controlled Corporations, shall act accordingly, pursuant to the contents of this decree.
Done in the City of Manila, this 24th day of September, in the year of Our Lord, nineteen hundred and seventy-two.
REPUBLIC ACT NO. 74AN ACT TO AMEND ACT NUMBERED TWENTY-SEVEN
HUNDRED AND SIX AS AMENDED BY ACT NUMBERED THIRTY HUNDRED AND SEVENTY-FIVE AND COMMONWEALTH ACT NUMBERED ONE HUNDRED AND EIGHTY PROVIDING FOR
ADDITIONAL EXPENSES IN THE SUPERVISION AND REGULATION OF PRIVATE SCHOOLS, COLLEGES AND
UNIVERSITIES AND FOR A REVOLVING FUND FOR THE PURCHASE AND SALE OF TEXTBOOKS TO PRIVATE SCHOOL
STUDENTS, AND FOR OTHER PURPOSES
Section 1. There is hereby inserted a new section to be known as section eleven-A, between sections eleven and twelve of Act Numbered Twenty-seven hundred and six, as amended by Act Numbered Thirty hundred and seventy-five and Commonwealth Act Numbered One hundred and eighty which shall read as follows:
"Sec. 11-A. The total annual expenses of the Office of Private Education shall be met by the regular amount appropriated in the annual Appropriation Act: Provided, however, That for additional expenses in the supervision and regulation of private schools, colleges and universities and in the purchase of textbooks to be sold to students of said schools, colleges and universities the President of the Philippines may authorize the Secretary of Instruction to levy an equitable assessment from each private educational institution equivalent to one per cent of the total amount accruing from tuition and other fees: Provided, further, That no new positions shall be created by the Director of Private Education unless approved by the President of the Philippines upon recommendation of the Secretary of Instruction, nor shall any textbook be purchased or sold by the Director of Private Education unless the purchase price or price of resale shall have been previously approved by the President of the Philippines upon recommendation of the Secretary of Instruction. The Director of Private Education, with the approval of the Secretary of Instruction, shall, by regulation, prescribe the form, manner, and time for levying and payment of the assessment, and non-payment of the assessment herein provided by any private school, college or university shall be sufficient cause for the cancellation by the Secretary of Instruction of the permit or recognition granted to it."
Sec. 2. This Act shall take effect beginning the school year nineteen hundred and forty-six, nineteen hundred forty-seven.
Approved: October 21, 1946